Office of Lawyer Regulation v. Nicholas C. Kefalos
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2019 WI 94 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 19AP900-D In the Matter of Disciplinary Proceedings Against Nicholas C. Kefalos, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Nicholas C. Kefalos, Respondent. DISCIPLINARY PROCEEDINGS AGAINST KEFALOS OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS: October 22, 2019 2019 WI 94 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2019AP900-D STATE OF WISCONSIN : IN SUPREME COURT In the Matter of Disciplinary Proceedings Against Nicholas C. Kefalos, Attorney at Law: FILED Office of Lawyer Regulation, Complainant, OCT 22, 2019 v. Sheila T. Reiff Clerk of Supreme Court Nicholas C. Kefalos, Respondent. ATTORNEY disciplinary proceeding. Attorney's license suspended. ¶1 PER CURIAM. This is a reciprocal discipline matter. On May 14, 2019, the Office of Lawyer Regulation (OLR) filed a complaint and motion pursuant to Supreme Court Rule (SCR) 22.22, requesting this court suspend Attorney Nicholas C. Kefalos' license to practice law in Wisconsin for a period of six months, as discipline reciprocal to that imposed by the Supreme Court of Illinois. Upon review, we agree that it is appropriate to impose a six-month suspension, identical to that imposed by the Supreme Court of Illinois. No. ¶2 Attorney Kefalos Wisconsin in 2000. in 1999. was admitted to 2019AP900-D practice law in He was admitted to practice law in Illinois The most recent address furnished to the State Bar of Wisconsin is 27 North Wacker Drive, Chicago, Illinois. He has no previous disciplinary history in Wisconsin. ¶3 On April 4, 2018, the Administrator of the Illinois Attorney Registration and Disciplinary Commission (ARDC) filed a complaint for disciplinary action against Attorney Kefalos did not file an answer. Attorney Kefalos. As a result of his default, the allegations in ARDC's first amended complaint were deemed admitted. default, a On hearing November panel 29, found 2018, that and based Attorney on his Kefalos had committed the misconduct alleged in the first amended complaint. That misconduct included failure to act with reasonable diligence and promptness; failure to keep the client reasonably informed; failure to promptly comply with reasonable requests for information; failure to refund $2,550 in unearned advanced fees; and failure to respond to lawful requests for information from the ARDC. ¶4 On March 19, 2019, the Supreme Court of Illinois suspended Attorney Kefalos' license to practice law in Illinois for six months and until further order of the court. Kefalos failed to notify the OLR of the Attorney suspension of his of the Illinois law license within 20 days of its effective date. ¶5 The OLR's complaint alleges that by virtue Illinois suspension, Attorney Kefalos is subject to reciprocal discipline in Wisconsin pursuant to SCR 22.22, and by failing to 2 No. notify the OLR SCR 22.22(1). Kefalos' of his suspension The OLR asks Wisconsin law in this license Illinois, court for six to 2019AP900-D he violated suspend Attorney months as discipline reciprocal to that imposed in Illinois. ¶6 The OLR's complaint and order to answer were sent to Attorney Kefalos at the most recent address he had provided to the State Bar of Wisconsin. serve Attorney diligent Kefalos efforts, the Attorney Kefalos. was accomplished authenticated In addition, the OLR attempted to through a process process server server was but unable to despite locate Service of the complaint and order to answer by copy the of OLR the sending complaint via and certified order to mail, an answer to Attorney Kefalos at the most recent address he had furnished to the State Bar of Wisconsin. ¶7 See SCR 22.13(1). On July 5, 2019, this court directed Attorney Kefalos to inform the court in writing within 20 days of any claim by him, predicated upon the grounds set forth in SCR 22.22(3), that the imposition of discipline reciprocal to that imposed in Illinois would be unwarranted, and of the factual basis for any such claim. ¶8 No response was received. Under SCR 22.22(3), in reciprocal discipline matters, this court shall impose the identical discipline unless one of the exceptions enumerated in that rule is shown. There is no indication that any of those exceptions apply in this case. Accordingly, we impose discipline substantially that imposed by the Supreme Court of Illinois. 3 identical to No. ¶9 2019AP900-D IT IS ORDERED that the license of Nicholas C. Kefalos to practice law in Wisconsin is suspended for a period of six months, effective December 3, 2019. ¶10 IT IS FURTHER ORDERED that Nicholas C. Kefalos shall comply with the provisions of SCR 22.26 concerning the duties of a person whose license to practice law in Wisconsin has been suspended. ¶11 IT IS FURTHER ORDERED that compliance with conditions of this order is required for reinstatement. SCR 22.29(4)(c). 4 all See No. 1 2019AP900-D
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