2019 WI 94
SUPREME COURT OF WISCONSIN
CASE NO.: 19AP900-D
COMPLETE TITLE: 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: October 22, 2019
SUBMITTED ON BRIEFS:
ORAL ARGUMENT:
SOURCE OF APPEAL:
COURT:
COUNTY:
JUDGE:
JUSTICES:
CONCURRED:
DISSENTED:
NOT PARTICIPATING:
ATTORNEYS:
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:
Office of Lawyer Regulation, FILED
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. 2019AP900-D
¶2 Attorney Kefalos was admitted to practice law in
Wisconsin in 2000. He was admitted to practice law in Illinois
in 1999. 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.
Attorney Kefalos did not file an answer. As a result of his
default, the allegations in ARDC's first amended complaint were
deemed admitted. On November 29, 2018, and based on his
default, a hearing panel found that Attorney 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. Attorney
Kefalos failed to notify the OLR of the suspension of his
Illinois law license within 20 days of its effective date.
¶5 The OLR's complaint alleges that by virtue of the
Illinois suspension, Attorney Kefalos is subject to reciprocal
discipline in Wisconsin pursuant to SCR 22.22, and by failing to
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No. 2019AP900-D
notify the OLR of his suspension in Illinois, he violated
SCR 22.22(1). The OLR asks this court to suspend Attorney
Kefalos' Wisconsin law license for six 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. In addition, the OLR attempted to
serve Attorney Kefalos through a process server but despite
diligent efforts, the process server was unable to locate
Attorney Kefalos. Service of the complaint and order to answer
was accomplished by the OLR sending via certified mail, an
authenticated copy of the complaint and order to answer to
Attorney Kefalos at the most recent address he had furnished to
the State Bar of Wisconsin. See SCR 22.13(1).
¶7 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. No response was received.
¶8 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 identical to
that imposed by the Supreme Court of Illinois.
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No. 2019AP900-D
¶9 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 all
conditions of this order is required for reinstatement. See
SCR 22.29(4)(c).
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No. 2019AP900-D
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