2021 WI 12
SUPREME COURT OF WISCONSIN
CASE NO.: 2019AP2405-D
COMPLETE TITLE: In the Matter of Disciplinary Proceedings
Against Stanley Whitmore Davis, Attorney at Law:
Office of Lawyer Regulation,
Complainant,
v.
Stanley Whitmore Davis,
Respondent.
DISCIPLINARY PROCEEDINGS AGAINST DAVIS
OPINION FILED: February 17, 2021
SUBMITTED ON BRIEFS:
ORAL ARGUMENT:
SOURCE OF APPEAL:
COURT:
COUNTY:
JUDGE:
JUSTICES:
Per Curiam.
NOT PARTICIPATING:
ATTORNEYS:
2021 WI 12
NOTICE
This opinion is subject to further
editing and modification. The final
version will appear in the bound
volume of the official reports.
No. 2019AP2405-D
STATE OF WISCONSIN : IN SUPREME COURT
In the Matter of Disciplinary Proceedings
Against Stanley Whitmore Davis,
Attorney at Law:
Office of Lawyer Regulation,
FILED
Complainant, FEB 17, 2021
v. Sheila T. Reiff
Clerk of Supreme Court
Stanley Whitmore Davis,
Respondent.
ATTORNEY disciplinary proceeding. Attorney's license
revoked.
¶1 PER CURIAM. Pending before the court is a report and
recommendation filed by Referee David G. Deininger. The report
recommends that we accept Attorney Stanley Whitmore Davis'
amended petition for consensual license revocation, order him to
pay restitution, and revoke his license to practice law in
Wisconsin. Attorney Davis is the subject of an Office of Lawyer
Regulation (OLR) disciplinary complaint alleging that he
committed 11 counts of professional misconduct in two client
No. 2019AP2405-D
matters. He is also the subject of two pending grievances that
have not yet been fully investigated by the OLR.
¶2 We agree that both revocation and restitution are
appropriate, and we agree that Attorney Davis shall pay the full
costs of this proceeding, which are $1,497.67 as of October 8,
2020.
¶3 Attorney Davis was admitted to the practice of law in
Wisconsin in 1998. He currently resides in Orlando, Florida.
His law license is presently suspended for both disciplinary and
administrative reasons. In June 2020 we issued a per curiam
decision suspending Attorney Davis' law license for one year for
36 counts of professional misconduct committed in eight client
matters. That misconduct included practicing law while
suspended, failure to inform clients of his suspensions, neglect
of client matters, and failure to account for advanced fees or
to refund unearned fees. In re Disciplinary Proceedings Against
Davis, 2020 WI 48, ¶11, 392 Wis. 2d 21, 943 N.W.2d 885.
¶4 His law license has been administratively suspended
for failure to pay State Bar dues and failure to provide a
required trust account certification since November 2, 2018. It
has also been administratively suspended for failure to comply
with CLE reporting requirements since June 5, 2019.
¶5 On December 20, 2019, while the above-referenced
disciplinary matter was still pending, the OLR filed the
disciplinary complaint now before us. In it, Attorney Davis was
charged with 11 counts of professional misconduct in two client
matters and the OLR sought a six-month license suspension,
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restitution, and costs. Attorney Davis was personally served,
but did not file an answer to the complaint. We appointed
Referee David G. Deininger to preside over this matter.
¶6 Attorney Davis attempted to resolve all of his then
pending disciplinary matters by filing a Petition for Revocation
by Consent on May 19, 2020. However, by the time he filed that
petition, our review of the first disciplinary matter was
complete and our June 2020 opinion was awaiting release.
Accordingly, we dismissed Attorney Davis' initial petition for
license revocation and directed the parties to proceed in this
matter. We further directed the parties to advise Referee
Deininger if Attorney Davis opted to file an amended Petition
for Revocation by Consent. He subsequently did so, the referee
has issued a report, and the matter is now properly before us.
¶7 We first consider the pending disciplinary complaint.
The first five counts arise from Attorney Davis' representation
of D.R. D.R. retained Attorney Davis in February 2017 to
represent him regarding his employment termination from the
Wisconsin Department of Children and Families. D.R. paid
Attorney Davis $3,500 in advanced fees to represent him. Over
the next two years, Attorney Davis repeatedly failed to notify
D.R. when Attorney Davis' law license was suspended; continued
his representation of D.R. during these license suspensions;
missed the deadline for filing a Notice of Claim with the
Wisconsin Attorney General (a prerequisite for filing suit on
D.R.'s termination); and did not provide D.R.'s case file to him
when requested. After D.R. filed a grievance with the OLR,
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No. 2019AP2405-D
Attorney Davis failed to respond to the OLR's request for a
response.
¶8 Based on the forgoing, the OLR alleged that Attorney
Davis' handling of the D.R. matter violated a number of the
rules of professional conduct, as follows:
Count One: By failing to notify D.R. of the May 31,
2017 suspension of his Wisconsin law license, or his
subsequent suspensions, and his consequent inability
to practice law, Attorney Davis violated
SCR 22.26(1)(a), enforceable via SCR 20:8.4(f).2
1
Count Two: By continuing to represent and provide
legal advice to D.R. following the May 31, 2017
suspension of his Wisconsin law license, Attorney
Davis violated SCR 10.03(6),3 SCR 22.26(2),4 and
SCR 31.10(l), enforceable via SCR 20:8.4(f).
5
1 SCR 22.26(1)(a) provides:
On or before the effective date of license
suspension or revocation, an attorney whose license is
suspended or revoked shall notify by certified mail
all clients being represented in pending matters of
the suspension or revocation and of the attorney's
consequent inability to act as an attorney following
the effective date of the suspension or revocation.
2 SCR 20:8.4(f) provides: "It is professional misconduct
for a lawyer to violate a statute, supreme court rule, supreme
court order or supreme court decision regulating the conduct of
lawyers."
3 SCR 10.03(6) provides:
If the annual dues or assessments of any member
remain unpaid 120 days after the payment is due, the
membership of the member may be suspended in the
manner provided in the bylaws; and no person whose
membership is so suspended for nonpayment of dues or
assessments may practice law during the period of the
suspension.
4 SCR 22.26(2) provides:
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No. 2019AP2405-D
Count Three: By misapprehending the deadline and
thereby missing the 120-day deadline to file a notice
of claim for D.R.'s termination, Attorney Davis
violated SCR 20:1.1.6
An attorney whose license to practice law is
suspended or revoked or who is suspended from the
practice of law may not engage in this state in the
practice of law or in any law work activity
customarily done by law students, law clerks, or other
paralegal personnel, except that the attorney may
engage in law related work in this state for a
commercial employer itself not engaged in the practice
of law.
5 SCR 31.10(1) provides:
If a lawyer fails to comply with the attendance
requirement of SCR 31.02, fails to comply with the
reporting requirement of SCR 31.03(1), or fails to pay
the late fee under SCR 31.03(2), the board shall serve
a notice of noncompliance on the lawyer. This notice
shall advise the lawyer that the lawyer's state bar
membership shall be automatically suspended for
failing to file evidence of compliance or to pay the
late fee within 60 days after service of the notice.
The board shall certify the names of all lawyers so
suspended under this rule to the clerk of the supreme
court, all supreme court justices, all court of
appeals and circuit court judges, all circuit court
commissioners appointed under SCR 75.02(1) in this
state, all circuit court clerks, all juvenile court
clerks, all registers in probate, the executive
director of the state bar of Wisconsin, the Wisconsin
State Public Defender's Office, and the clerks of the
federal district courts in Wisconsin. A lawyer shall
not engage in the practice of law in Wisconsin while
his or her state bar membership is suspended under
this rule.
6 SCR 20:1.1 provides: "A lawyer shall provide competent
representation to a client. Competent representation requires
the legal knowledge, skill, thoroughness and preparation
reasonably necessary for the representation."
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No. 2019AP2405-D
Count Four By failing to return D.R.'s case file,
Attorney Davis violated SCR 20:1.16(d).7
Count Five: By failing to respond to the OLR's April
11, 2019 request for a response to D.R.'s grievance,
Attorney Davis violated SCR 22.03(2),8 enforceable via
SCR 20:8.4(h).9
¶9 The remaining allegations in the OLR complaint relate
to Attorney Davis' representation of the National Association to
Stop Guardian Abuse, Inc. and related parties (collectively
7 SCR 20:1.16(d) provides:
Upon termination of representation, a lawyer
shall take steps to the extent reasonably practicable
to protect a client's interests, such as giving
reasonable notice to the client, allowing time for
employment of other counsel, surrendering papers and
property to which the client is entitled and refunding
any advance payment of fee or expense that has not
been earned or incurred. The lawyer may retain papers
relating to the client to the extent permitted by
other law.
8 SCR 22.03(2) provides:
Upon commencing an investigation, the director
shall notify the respondent of the matter being
investigated unless in the opinion of the director the
investigation of the matter requires otherwise. The
respondent shall fully and fairly disclose all facts
and circumstances pertaining to the alleged misconduct
within 20 days after being served by ordinary mail a
request for a written response. The director may allow
additional time to respond. Following receipt of the
response, the director may conduct further
investigation and may compel the respondent to answer
questions, furnish documents, and present any
information deemed relevant to the investigation.
SCR 20:8.4(h) provides:
9 "It is professional misconduct
for a lawyer to fail to cooperate in the investigation of a
grievance filed with the office of lawyer regulation as required
by SCR 21.15(4), SCR 22.001(9)(b), SCR 22.03(2), SCR 22.03(6),
or SCR 22.04(1)."
6
No. 2019AP2405-D
NASGA). On May 31, 2017, Attorney Davis' Wisconsin law license
was administratively suspended for non-compliance with CLE
reporting requirements. On August 1, 2017, NASGA retained
Attorney Davis to represent them in an ongoing dispute with
another advocacy group. Attorney Davis was paid $7,500 in
advanced fees for that representation.
¶10 Attorney Davis did not inform NASGA that his Wisconsin
law license was suspended and he failed to advise them of a
subsequent license suspension for failure to pay bar dues. As
the referee observed:
Over the ensuing eighteen months, Davis did not inform
his clients of his license suspensions; prepared two
cease and desist letters but did not follow up with
further actions regarding the opposing party's alleged
defamation; did not respond to requests from his
clients for status updates; and did not claim
certified letters from his clients in which they had
requested a refund of the fees they had paid him.
The client filed a grievance and Attorney Davis then failed to
respond to the OLR's requests for information.
¶11 Based on the forgoing, the OLR alleged, as follows:
Count Six: By representing and providing legal advice
to NASGA while his Wisconsin law license was
suspended, Attorney Davis violated SCR 10.03(6),
SCR 22.26(2), and SCR 31.10(1), enforceable via
SCR 20:8.4(f).
Count Seven: By failing to notify his clients of his
suspensions during the representation, and his
consequent inability to practice law while suspended,
Attorney Davis violated SCR 22.26(1)(a).
Count Eight: By failing to advance a civil claim on
C.F.'s and/or NASGA's behalf or timely determine
whether a potential civil claim had merit, and by
failing to pursue the actions agreed to during the May
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No. 2019AP2405-D
5, 2018 conference call, Attorney Davis violated
SCR 20:1.3.10
Count Nine: By failing to respond to his clients'
requests for status updates following their May 5,
2018 conference call or otherwise keep them informed
as to case status, Attorney Davis violated
SCR 20:1.4(a)(3)11 and SCR 20:1.4(a)(4).12
Count Ten: By failing to refund unearned fees upon
termination of representation, Attorney Davis violated
SCR 20:1.16(d).
Count Eleven: By failing to respond to the OLR's May
1, 2019 request for a response to P.A.R.'s grievance,
Attorney Davis violated SCR 22.03(2), enforceable via
SCR 20:8.4(h).
¶12 On August 18, 2020, Attorney Davis filed an amended
petition for consensual license revocation pursuant to Supreme
Court Rule (SCR) 22.19.13 In his amended petition Attorney Davis
10SCR 20:1.3 provides: "A lawyer shall act with reasonable
diligence and promptness in representing a client."
11SCR 20:1.4(a)(3) provides: "A lawyer shall keep the
client reasonably informed about the status of the matter."
12SCR 20:1.4(a)(4) provides: "A lawyer shall promptly
comply with reasonable requests by the client for information."
13 SCR 22.19 provides:
(1) An attorney who is the subject of an
investigation for possible misconduct or the
respondent in a proceeding may file with the supreme
court a petition for the revocation by consent or his
or her license to practice law.
(2) The petition shall state that the petitioner
cannot successfully defend against the allegations of
misconduct.
(3) If a complaint has not been filed, the
petition shall be filed in the supreme court and shall
include the director's summary of the misconduct
allegations being investigated. Within 20 days after
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No. 2019AP2405-D
discloses that in addition to the complaint before us now, the
OLR is also investigating two additional grievances against
Attorney Davis. Attorney Davis admits that he cannot
successfully defend against the allegations of this complaint or
the pending grievances. He states that is aware of his right to
legal counsel but he is freely, voluntarily, and knowingly
giving up his right to further contest the allegations of
misconduct in this complaint and in the pending grievances.
Attorney Davis further agrees that he should be ordered to make
restitution to three former clients in the amount of $7,500 to
NASGA, $7,500 to C.F., and $4,000 to P.A.R., relating to a
pending grievance.
the date of filing of the petition, the director shall
file in the supreme court a recommendation on the
petition. Upon a showing of good cause, the supreme
court may extend the time for filing a recommendation.
(4) If a complaint has been filed, the petition
shall be filed in the supreme court and served on the
director and on the referee to whom the proceeding has
been assigned. Within 20 days after the filing of the
petition, the director shall file in the supreme court
a response in support of or in opposition to the
petition and serve a copy on the referee. Upon a
showing of good cause, the supreme court may extend
the time for filing a response. The referee shall
file a report and recommendation on the petition in
the supreme court within 30 days after receipt of the
director's response.
(5) The supreme court shall grant the petition
and revoke the petitioner's license to practice law or
deny the petition and remand the matter to the
director or to the referee for further proceedings.
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No. 2019AP2405-D
¶13 The OLR supports Attorney Davis' petition for
consensual license revocation. The OLR confirms that certain
grievances against Attorney Davis remain under investigation and
contends that Attorney Davis has engaged in "serious
misconduct." The OLR states: "[d]avis misled his clients into
thinking he had a valid law license, collected fees, then
abandoned them after intermittent work."
¶14 The referee determined, based on the disciplinary
complaint, Attorney Davis' amended petition for consensual
license revocation, and the OLR's response, that Attorney Davis
has engaged in serious misconduct, and he recommends that we
accept the petition, order restitution, and revoke Attorney
Davis' license to practice law. No appeal has been filed in
this matter, so our review proceeds pursuant to SCR 22.17(2).
¶15 As the OLR stated, and the referee agreed, we have
accepted SCR 22.19 consent revocation petitions involving
similar levels of misconduct in the past. See In re
Disciplinary Proceedings Against Stubbins, 2014 WI 115, 358
Wis. 2d 358, 854 N.W.2d 682 (granting petition where previously
undisciplined attorney faced 17 potential counts of misconduct
in three matters including lack of diligence, failure to
communicate, and where the attorney repeatedly lied to cover up
his lack of diligence); In re Disciplinary Proceedings Against
Whitnall, 2003 WI 146, 267 Wis. 2d 28, 673 N.W.2d 674 (granting
petition where attorney faced six counts including failure to
act diligently for clients, failure to communicate with clients,
and failure to return their files).
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No. 2019AP2405-D
¶16 The OLR alleged, and the referee agreed that, Attorney
Davis "misled his clients into thinking he had a valid law
license, collected fees, then abandoned them after intermittent
work. The result was a lack of diligence, communication and
follow through similar to Stubbins and Whitnall." Indeed, the
referee describes Attorney Davis as "an attorney who has lost
all interest, let alone diligence . . . in advocating for his
clients or protecting their interests." The referee added that
in addition to his failure to diligently and competently pursue
legal matters his clients entrusted to him and to timely
communicate relevant information to them, Attorney Davis has
also repeatedly shirked his obligations as a member of the bar.
¶17 We agree that the seriousness of Attorney Davis'
misconduct demonstrates a need to protect the public, the
courts, and the legal system from repetition of this misconduct,
to impress upon Attorney Davis the seriousness of his
misconduct, and to deter other attorneys from engaging in
similar misconduct. See In re Disciplinary Proceedings Against
Arthur, 2005 WI 40, ¶78, 279 Wis. 2d 583, 694 N.W.2d 910.
Accordingly, we accept the referee's findings of fact,
conclusions of law, and recommendation. We order Attorney Davis
to pay restitution in the amount of $7,500 to NASGA, $7,500 to
C.F., and $4,000 to P.A.R., we grant Attorney Davis' petition
for revocation by consent, and we revoke Attorney Davis'
Wisconsin law license effective the date of this order.
¶18 Finally, we direct Attorney Davis to pay the costs of
this proceeding, which are $1,497.67 as of October 8, 2020.
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No. 2019AP2405-D
Attorney Davis has provided no reason for this court to deviate
from its usual practice of imposing full costs. SCR 22.24(1m).
¶19 IT IS ORDERED that the petition for revocation by
consent is granted and the license of Stanley Whitmore Davis to
practice law in Wisconsin is revoked, effective the date of this
order.
¶20 IT IS FURTHER ORDERED that to the extent he has not
already done so, Stanley Whitmore Davis shall comply with the
provisions of SCR 22.26 concerning the duties of a person whose
license to practice law in Wisconsin has been revoked.
¶21 IT IS FURTHER ORDERED that Stanley Whitmore Davis is
ordered to pay restitution in the amount of $7,500 to NASGA,
$7,500 to C.F., and $4,000 to P.A.R.
¶22 IT IS FURTHER ORDERED that as a condition of any
future petition for reinstatement of his license to practice law
in Wisconsin, Stanley Whitmore Davis will be required to prove
that he has made restitution to or settled all claims of all
persons injured or harmed by his misconduct, including
reimbursement to the Wisconsin Lawyers' Fund for Client
Protection for all payments made by that fund, or, if
restitution has not been made, Stanley Whitmore Davis will need
to explain his failure or inability to do so. See
SCR 22.29(4m).
¶23 IT IS FURTHER ORDERED that within 60 days of the date
of this order, Stanley Whitmore Davis shall pay the Office of
Lawyer Regulation the costs of this proceeding, which are
$1,497.67 as of October 8, 2020.
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No. 2019AP2405-D
¶24 IT IS FURTHER ORDERED that the restitution specified
above is to be completed prior to paying costs to the Office of
Lawyer Regulation.
¶25 IT IS FURTHER ORDERED that the administrative
suspension of Stanley Whitmore Davis' license to practice law in
Wisconsin, due to his failure to pay mandatory bar dues, for
failure to file Office of Lawyer Regulation trust account
certification, and for noncompliance with continuing legal
education requirements, will remain in effect until each reason
for the administrative suspension has been rectified pursuant to
SCR 22.28(1).
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No. 2019AP2405-D
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