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Case No.: |
85-1734-D |
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Complete Title: |
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In the
Matter of Disciplinary Proceedings Against
Joseph J. Klein, Attorney at Law: Office
of Lawyer Regulation, f/k/a Board of
Attorneys Professional Responsibility, Complainant, v. Joseph
J. Klein, Respondent. |
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REINSTATEMENT OF KLEIN |
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Opinion Filed: |
February 2, 2004 |
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Not Participating: |
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2004 WI 7
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Supreme
Court of Wisconsin |
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Notice This order is subject to further editing and modification. The final version will appear in the bound volume of the official reports. |
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The Court entered the following order on this date:
The license to
practice law of Joseph J. Klein was revoked pursuant to Disciplinary
Proceedings Against Joseph J. Klein, 135 Wis. 2d 342, 400 N.W.2d 459
(1986). Klein petitioned for
reinstatement on February 13, 2003. A
response opposing reinstatement was filed by the Office of Lawyer Regulation on
May 29, 2003. A response was filed by
the Board of Bar Examiners on May 7, 2003 which did not oppose reinstatement
pending Klein’s satisfaction of certain CLE requirements.
Referee Cheryl
Rosen Weston was thereafter appointed by the court, conducted proceedings on
July 31, 2003 and August 19, 2003, and filed her report to this court on
September 26, 2003. Referee Weston
recommended that Klein’s license be reinstated with costs but not until 90 days
after the date of the order in order to emphasize to him the high standards of conduct
that are expected of him as a member of the Bar. She indicated some concern over Klein’s: (1) use of the term “legal counsel” to
describe his activities during brief employment at a title company in 1993; (2)
belated payment of the costs from the 1986 revocation; and, (3) possibly
belated filing of his affidavit of compliance arising out of the
revocation. But Referee Weston
concluded that none of these concerns justify denying reinstatement although a
ten-day delay was necessary for Klein to contemplate the high expectations of
conduct expected of him prior to resuming his former profession.
The court is
concerned about Klein’s past trust account misconduct and his continued
financial problems during the period of revocation. It agrees with OLR’s initial recommendation that if he is
reinstated he should submit quarterly trust account and any other escrow or
fiduciary records to OLR for monitoring.
It further believes this should continue for a period of four years, and
not just two years, after reinstatement.
Accordingly, the court does not follow the referee’s recommendation to
the contrary.
Upon the
referee’s findings, report and recommendation, which the court accepts except
as noted,
IT IS ORDERED
that the license to practice law of Joseph J. Klein be reinstated effective 90
days after the date of this order.
IT IS FURTHER
ORDERED that this reinstatement is subject to Klein’s compliance with the
2003-2004 CLE requirement by reporting an additional 30.0 approved hours,
including 3.0 hours EPR; or by electing the exemption available at SCR 31.04(2)
on the CLE Form 1 that will be due for the 2003-2004 reporting period.
IT IS FURTHER
ORDERED that Klein shall submit quarterly trust account and any other escrow
and fiduciary records to OLR for a period of four years following the date of
reinstatement.
IT IS FURTHER
ORDERED that Klein pay the costs of these proceedings in an amount of
$4,331.85.
Cornelia
G. Clark
Clerk
of Supreme Court