Office of Lawyer Regulation v. Meyer (In re Meyer)

401 Wis.2d 732

975 N.W.2d 229

2022 WI 39

In the MATTER OF DISCIPLINARY PROCEEDINGS AGAINST Matthew R. MEYER, Attorney at Law:

Office of Lawyer Regulation, Complainant,

v.Matthew R. Meyer, Respondent.

No. 2021AP1222-D

Supreme Court of Wisconsin.

Opinion Filed: June 8, 2022

ATTORNEY disciplinary proceeding. Attorney's license revoked.

PER CURIAM.

¶1 We review a report filed by Referee Jean A. DiMotto concluding, based on a stipulation filed by the Office of Lawyer Regulation (OLR) and Attorney Matthew R. Meyer, that Attorney Meyer committed two counts of professional misconduct as alleged in the OLR's complaint. The referee agreed with the parties that a two-year suspension of Attorney Meyer's license to practice law in Wisconsin is an appropriate level of discipline for the misconduct. The referee also recommended, consistent with the stipulation, that the court impose the following conditions on Attorney Meyer's reinstatement:

a. Provide the OLR with signed releases for any mental health and alcohol and other drug abuse (AODA) treatment provider who is providing or has provided treatment to Attorney Meyer within the last four years prior to his filing of a reinstatement petition.

b. Provide proof of participation in mental health counseling.

c. Comply with all terms and conditions of his probation related to Milwaukee County Case No. 2019CF4573.

d. Provide documentation of the completion of an anger management program.

e. Provide documentation of the completion of a certified batterers’ treatment program.

¶2 In addition, the referee recommended that Attorney Meyer's reinstatement be conditioned on his submitting to an examination by a psychiatric or psychological expert of the OLR's choosing who shall evaluate the effectiveness of Attorney Meyer's rehabilitation. Finally, the referee recommended that Attorney Meyer be assessed the full costs of this proceeding, which are $1,891.81 as of November 17, 2021. Attorney Meyer has filed an objection to the recommended costs.

¶3 While we accept the referee's factual findings and conclusions of law, we conclude Attorney Meyer's serious and disturbing conduct, in which he used his position as an attorney to intimidate and threaten a woman with whom he had been in a relationship, warrants the revocation of his Wisconsin law license. In the event Attorney Meyer seeks the reinstatement of his license to practice law, we agree with the conditions recommended by the referee, except for the requirement that Attorney Meyer undergo a psychological or psychiatric examination. We deny Attorney Meyer's objection to costs and order him to pay the full costs of this proceeding.

¶4 Attorney Meyer was admitted to the practice of law in Wisconsin in 2012 and practices in Milwaukee. He has no prior disciplinary history.

¶5 On July 15, 2021, the OLR filed a complaint against Attorney Meyer alleging two counts of misconduct arising out of felony convictions for threatening to communicate derogatory information and stalking. The victim in the case was H.S., who had been in a dating relationship with Attorney Meyer.

¶6 According to the OLR's complaint, in late October 2017, H.S. broke off her approximately nine-month dating relationship with Attorney Meyer. Attorney Meyer subsequently engaged in a pattern of conduct aimed at H.S. to cause her to believe that Attorney Meyer would ruin her life, commit acts of violence against her and her family and friends, damage her property, interfere with future relationships she may have, and leave her without a job and money. Attorney Meyer also made threats to H.S. to ruin her reputation with her employer.

¶7 On April 14, 2018, during an argument in Attorney Meyer's apartment, Attorney Meyer punched H.S. in the face, resulting in a concussion and facial bruising significant enough for her to miss approximately two weeks of work. At the time of this incident, Attorney Meyer and H.S. had separate apartments in the same building. H.S. returned to her apartment and called the police. When police arrived, H.S. informed them she did not want to pursue criminal charges because she feared Attorney Meyer.

¶8 On multiple occasions after April 2018, Attorney Meyer made unwelcome and persistent phone calls to H.S. On at least one occasion, he made in excess of 120 calls in one day. H.S. was employed as a physician assistant and was required to keep her phone on at all times. Attorney Meyer also sent H.S. hundreds of unwelcome email messages. He made threats of harm to her, appeared at her apartment unannounced, and refused to leave.

¶9 On March 2, 2019, Attorney Meyer threatened H.S. with violence in her apartment, and she barricaded herself in the bathroom. Attorney Meyer locked H.S. in the bathroom and she called police. She stated the bathroom door can be locked from the outside, and it cannot be easily unlocked from the inside. H.S. was able to free herself before the police arrived, and she again told police she did not want to press charges against Attorney Meyer because she was afraid of him.

¶10 Attorney Meyer also threatened to send negative information about H.S. to her employer, her family and friends, and the news media if she did not perform various tasks for him. Those tasks included payments of debts he claimed to be owed, to reveal intimate details of H.S.’s relationships with others, and to have sex with Attorney Meyer.

¶11 In early June 2019, H.S. again attempted to break up with Attorney Meyer and cut off all communication with him. On June 23, 2019, Attorney Meyer followed H.S. into the underground parking garage of her apartment. At this time, Attorney Meyer and H.S. no longer lived in the same building. Attorney Meyer opened the door to H.S.’s car, yelled at her and poured an energy drink on her vehicle. H.S. reported this incident to police.

¶12 During and after the relationship, Attorney Meyer communicated his intent to harm H.S. by using criminal defendants to enact violence on her family and men Attorney Meyer believed she had been intimate with; by employing a private investigator to follow H.S.; and threatening to sue H.S. for $20,000 for posting a negative Google review of Attorney Meyer's law practice. Attorney Meyer repeatedly told H.S. he was insulated from legal consequences because of his position as a criminal defense lawyer.

¶13 On August 23, 2019, H.S. broke up with Attorney Meyer for the last time. During an argument in Attorney Meyer's apartment, Attorney Meyer grabbed H.S. by the back of her head, covered her mouth with his other hand and told her to shut up. H.S. tried to call 911, but Attorney Meyer broke her phone by smashing it to the ground. He then pushed H.S., who fell and injured her elbow.

¶14 After August 23, 2019, H.S. received hundreds of text and email messages from Attorney Meyer despite H.S.’s requests that Attorney Meyer cease attempting to communicate with her.

¶15 The criminal investigation revealed an extremely high number of calls to H.S. from blocked phone numbers in rapid succession, including from phone numbers listed to Attorney Meyer. On October 8, 2019, H.S. received 68 calls from blocked or spoofed phone numbers, 41 WhatsApp text messages, 12 WhatsApp phone/video calls, and 12 emails from Attorney Meyer.

¶16 By using SpoofCard, Attorney Meyer was able to call and send H.S. text messages that appeared to be sent from other numbers in her contact list, such as friends and family.

¶17 During and after the relationship, Attorney Meyer threatened to damage and did, in fact, damage H.S.’s vehicle. On October 4, 2019, H.S. received emails and texts from Attorney Meyer saying there was damage to her vehicle. H.S. later observed that her vehicle had a flat tire and dents on the passenger side. She reported this incident to the police.

¶18 Attorney Meyer told H.S. he had a key to her apartment despite the fact she had never given him one.

¶19 On October 6, 2019, Attorney Meyer sent H.S. a photo of the screen of his laptop, showing a draft email he had created appearing to be sent from H.S.’s father's email address. The email purporting to be from H.S.’s father, but in fact drafted by Attorney Meyer, alleged that H.S. had violated Health Insurance Portability and Accountability Act (HIPAA) by discussing confidential patient information in public, and claimed that H.S.’s father had an audio recording of this.

¶20 Subsequent text messages from Attorney Meyer to H.S. threatened to send the email to H.S.’s employer if H.S. did not give into Attorney Meyer's demands. Attorney Meyer later sent the email to H.S.’s employer. The email indicated that H.S.’s father desired to meet the employer and turn over an audio recording in which H.S. allegedly discussed confidential patient information in public. No such audio recording existed.

¶21 On October 15, 2019, Attorney Meyer was charged with four felonies: substantial battery, threatening to communicate derogatory information, intimidation of a victim, and stalking. During plea discussions, Attorney Meyer's attorney submitted a settlement offer and a packet of documents to the assistant district attorney (ADA) who was prosecuting Attorney Meyer. The packet included character reference letters. The ADA rejected Attorney Meyer's attorney's settlement offer. Attorney Meyer's attorney then sent the same packet of documents to the district attorney and the deputy chief district attorney. One of the reference letters in the packet purported to be from Sergio Rodriguez, who worked at Attorney Meyer's apartment building. Another purportedly was from Noah Taylor, a friend of Attorney Meyer. The criminal investigation concluded that the two character letters purportedly authored by Rodriguez and Taylor had in fact been fabricated by Attorney Meyer. Rodriguez and Taylor both denied writing letters on Attorney Meyer's behalf. As part of the final plea agreement, the State agreed not to issue bail jumping charges for obstruction of justice based on the fabricated letters.

¶22 On June 24, 2020,...