Office of Lawyer Regulation v. David A Lemanski

2015 WI 10

SUPREME COURT OF WISCONSIN
CASE NO.: 2014AP2043
COMPLETE TITLE: In the Matter of Disciplinary Proceedings
Against
David A. Lemanski, Attorney at Law:

Office of Lawyer Regulation,
Complainant,
v.
David A. Lemanski,
Respondent.

DISCIPLINARY PROCEEDINGS AGAINST LEMANSKI

OPINION FILED: February 5, 2015
SUBMITTED ON BRIEFS:
ORAL ARGUMENT:

SOURCE OF APPEAL:
COURT:
COUNTY:
JUDGE:

JUSTICES:
CONCURRED:
DISSENTED:
NOT PARTICIPATING:

ATTORNEYS:
2015 WI 10
NOTICE
This opinion is subject to further
editing and modification. The final
version will appear in the bound
volume of the official reports.
No. 2014AP2043-D

STATE OF WISCONSIN : IN SUPREME COURT

In the Matter of Disciplinary Proceedings
Against David A. Lemanski, Attorney at Law:

Office of Lawyer Regulation, FILED
Complainant,
FEB 5, 2015
v.
Diane M. Fremgen
Clerk of Supreme Court
David A. Lemanski,

Respondent.

ATTORNEY disciplinary proceeding. Attorney's license

suspended.

¶1 PER CURIAM. This is a reciprocal discipline matter.

The Office of Lawyer Regulation (OLR) filed a complaint against

Attorney David A. Lemanski seeking the imposition of discipline

reciprocal to that imposed by the Iowa Supreme Court. On

December 20, 2013, the Iowa Supreme Court suspended Attorney

Lemanski's Iowa law license for 60 days, effective December 20,

2013, based on two counts of misconduct. Upon our review, we
impose the same 60-day suspension imposed by the Iowa Supreme
No. 2014AP2043-D

Court. The OLR does not seek costs. Accordingly, no costs will

be imposed.

¶2 Attorney Lemanski was admitted to practice law in Iowa

in 1979. He was admitted to practice law in Wisconsin in 2002.

His Wisconsin license is currently active and in good standing.

¶3 The following facts are taken from the documents

attached to the OLR's complaint relating to the Iowa

disciplinary proceedings. Attorney Lemanski has been the

subject of professional discipline in Iowa on three prior

occasions. The Iowa Supreme Court Attorney Disciplinary Board

admonished him in 1997 for neglect of a client matter and in

2007 for lack of diligence in an estate matter. In 2000, the

Iowa Supreme Court suspended Attorney Lemanski for 30 days for

neglect, failure to promptly disburse settlement funds, and

failure to respond to inquiries from the Iowa Supreme Court

Attorney Disciplinary Board.

¶4 Attorney Lemanski's misconduct in the instant case

involved his delay in disbursing settlement funds to his
personal injury client. The delay stemmed from Attorney

Lemanski's difficulty in settling a Medicare subrogation claim,

which he was required to resolve before disbursing the

settlement funds to his client. Attorney Lemanski failed to

keep his client informed of the progress of the case. After the

client filed a complaint with the Iowa Supreme Court Attorney

Disciplinary Board, Attorney Lemanski resolved the subrogation

matter and disbursed the settlement funds. However, Attorney
Lemanski failed to respond to the Board's requests for
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No. 2014AP2043-D

information. The Iowa Supreme Court ultimately found that

Attorney Lemanski committed two counts of misconduct: failure

to properly communicate with a client and failure to respond to

a demand for information from the Board. The Iowa Supreme Court

suspended Attorney Lemanski from the practice of law in Iowa for

a period of 60 days, effective December 20, 2013.

¶5 On August 29, 2014, the OLR filed a complaint alleging

that, by virtue of the 60-day Iowa suspension, Attorney Lemanski

was subject to reciprocal discipline in Wisconsin. On

October 8, 2014, pursuant to Supreme Court Rule (SCR) 22.12, the

OLR and Attorney Lemanski entered into a stipulation whereby

they stipulated to the 60-day suspension of Attorney Lemanski's

Wisconsin law license, reciprocal to the discipline imposed in

Iowa.

¶6 Attorney Lemanski agrees that the facts alleged in the

OLR's complaint and the documents from the Iowa proceeding

attached thereto form a basis for the discipline requested. The

parties aver that the stipulation did not result from plea
bargaining. Attorney Lemanski states that he does not contest

the facts and misconduct alleged by the OLR, or the discipline

that the OLR director is seeking in this matter. Attorney

Lemanski states that he fully understands the misconduct

allegations; the ramifications should the court impose the

stipulated level of discipline; his right to contest this

matter; and his right to consult with counsel. Attorney

Lemanski states that his entry into the stipulation is made
knowingly and voluntarily, and that it represents his decision
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No. 2014AP2043-D

not to contest the misconduct alleged in the complaint or the

level and type of discipline sought by the OLR's director.

¶7 Upon our review of the matter, we accept the

stipulation and impose discipline identical to that imposed by

the Iowa Supreme Court.

¶8 IT IS ORDERED that the license of David A. Lemanski to

practice law in Wisconsin is suspended for a period of 60 days,

effective March 7, 2015.

¶9 IT IS FURTHER ORDERED that David A. Lemanski 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.

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No. 2014AP2043-D