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NOTICE This opinion is
subject to further editing and modification.
The final version will appear in the bound volume of the official
reports. |
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No. 96-0605-D
STATE OF WISCONSIN
: IN SUPREME COURT
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In the Matter of Disciplinary Proceedings Against DOUGLAS C. GOEB, Attorney at Law. |
FILED JUNE 4, 1996 Marilyn L. Graves Clerk
of Supreme Court Madison, WI |
ATTORNEY
disciplinary proceeding. Attorney's
license suspended.
PER
CURIAM. We review, pursuant to SCR 21.09(3m),[1]
the complaint filed by the Board of Attorneys Professional Responsibility
(Board) alleging the professional misconduct of Attorney Douglas C. Goeb and
the parties' stipulation to the facts and conclusions of law in respect to that
misconduct and to a one-year license suspension as discipline for it. The misconduct consisted of Attorney Goeb's
failure to complete timely the probate of 10 estates, his failure to
communicate properly with the personal representatives in those estates, his
filing with the Department of Revenue closing certificates in 20 estates that
he had forged, misrepresenting that fiduciary and inheritance tax returns had
been filed, his fabrication of a certificate of publication in another estate
misrepresenting to a client that a notice to creditors had been published, and
his acceptance and retention of $1400 in fees in two legal matters to which the
law firm where he was employed was entitled.
We approve the stipulation of
the parties and adopt the stipulated facts and conclusions that Attorney Goeb's
misconduct constituted conduct involving dishonesty, fraud, deceit or
misrepresentation, in violation of SCR 20:8.4(c);[2]
the lack of diligence in representing clients, in violation of SCR 20:1.3;[3]
and the failure to adequately communicate with clients, in violation of SCR
20:1.4(a).[4] We determine that the seriousness of the
misconduct warrants the suspension of Attorney Goeb's license to practice law
for one year, as the parties had stipulated.
Attorney Goeb was admitted to
practice law in Wisconsin in 1983 and practices in Oak Creek. He previously has not been the subject of an
attorney disciplinary proceeding.
The law firm at which
Attorney Goeb was employed discovered that he had filed a false closing
certificate in one of the estates on which he was working and that he had
submitted a false acknowledgement of publication in another estate. The firm terminated his employment and filed
a grievance with the Board. The firm
subsequently learned of his filing a false closing certificate in another
estate.
After the grievance was
filed, Attorney Goeb reported to the Board 18 additional estates in which he
had filed false closing certificates between 1991 and 1994. He also disclosed his failure to turn over
to the law firm $1400 in fees he had collected and to which it was
entitled.
The parties stipulated that
Attorney Goeb forged the closing certificates in order to mislead the courts in
which these estates were pending and the personal representatives of the
estates that he had concluded his work in them. In fact, fiduciary returns had not been filed in 14 of the
estates, and inheritance tax returns had not been filed in 12 of them.
In its response to this
court's inquiry concerning the discipline to which it had stipulated, the Board
stated that it took into account as a significant mitigating factor that,
although he did not bring his misconduct to the Board's attention initially,
Attorney Goeb did self-report the additional misconduct of filing forged
closing certificates in 18 other estates and his retention of law firm
fees. The Board considered that
disclosure beneficial to the protection of the public in the future and promotive
of Attorney Goeb's rehabilitation.
IT IS ORDERED that the
license of Attorney Douglas C. Goeb to practice law in Wisconsin is suspended
for a period of one year, commencing July 8, 1996.
IT IS FURTHER ORDERED that
within 60 days of the date of this order Douglas C. Goeb pay to the Board of
Attorneys Professional Responsibility the costs of this proceeding, provided
that if the costs are not paid within the time specified and absent a showing
to this court of his inability to pay the costs within that time, the license
of Douglas C. Goeb to practice law in Wisconsin shall remain suspended until
further order of the court.
IT IS FURTHER ORDERED that
Douglas C. Goeb comply with the provisions of SCR 22.26 concerning the duties
of a person whose license to practice law in Wisconsin has been suspended.
SUPREME
COURT OF WISCONSIN
Case No.: 96-0605-D
Complete Title
of Case: In the Matter of Disciplinary
Proceedings Against
Douglas C. Goeb,
Attorney at Law.
_________________________________
DISCIPLINARY PROCEEDINGS AGAINST GOEB
Opinion Filed: June 4, 1996
Submitted on Briefs:
Oral Argument:
Source of APPEAL
COURT:
COUNTY:
JUDGE:
JUSTICES:
Concurred:
Dissented:
Not Participating:
ATTORNEYS:
[1] SCR
21.09 provides, in pertinent part: Procedure.
. . .
(3m) The board may file with a complaint a stipulation by the board and the respondent attorney to the facts, conclusions of law and discipline to be imposed. The supreme court may consider the complaint and stipulation without appointing a referee. If the supreme court approves the stipulation, it shall adopt the stipulated facts and conclusions of law and impose the stipulated discipline. If the supreme court rejects the stipulation, a referee shall be appointed pursuant to sub. (4) and the matter shall proceed pursuant to SCR chapter 22. A stipulation that is rejected has no evidentiary value and is without prejudice to the respondent's defense of the proceeding or the board's prosecution of the complaint.
[2] SCR
20:8.4 provides, in pertinent part:
"Misconduct
It is professional misconduct for a lawyer
to:
. . .
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;