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

409 Wis.2d 1

2023 WI 65

995 N.W.2d 695

In the MATTER OF DISCIPLINARY PROCEEDINGS AGAINST Nicole L. BERAN, Attorney at Law:

Office of Lawyer Regulation, Complainant, v. Nicole L. Beran, Respondent.

No. 2023AP734-D

Supreme Court of Wisconsin.

Opinion Filed: September 29, 2023

ATTORNEY disciplinary proceeding. Attorney's license suspended.

PER CURIAM.

¶1 This is a reciprocal discipline matter. Attorney Nicole L. Beran is an active member of the Wisconsin State Bar in good standing. On May 1, 2023, the Office of Lawyer Regulation (OLR) filed a complaint and motion pursuant to Supreme Court Rule (SCR) 22.22, ¹ requesting that this court suspend Attorney Beran's license to practice law in Wisconsin for 30 days, as discipline reciprocal to that imposed upon her in Illinois. The OLR further requested that this court order Attorney Beran to comply with all of the terms and conditions of probation set forth in the January 17, 2023 judgment and order of the Supreme Court of Illinois.

¶2 Attorney Beran and the OLR executed a stipulation in which Attorney Beran agrees that her license to practice law in Wisconsin should be suspended for 30 days as discipline reciprocal to that imposed by the Supreme Court in Illinois. Attorney Beran further stipulates that she should be ordered to comply with all of the terms and conditions of probation set forth in the January 17, 2023 judgment and order of the Supreme Court of Illinois. Upon our review of the matter, we accept the stipulation and suspend Attorney Beran's license to practice law in Wisconsin for a period of 30 days and order her to comply with the terms and conditions of probation imposed by the Supreme Court of Illinois. Because the parties were able to resolve this matter without the need for appointment of a referee, no costs will be imposed.

Background

¶3 The parties agree to the following facts. Attorney Beran was admitted to practice law in Wisconsin in 1999. She was admitted to practice law in Illinois in 2000. Attorney Beran has no previous disciplinary history in Wisconsin.

¶4 On September 2, 2021, the Illinois Attorney Registration and Disciplinary Commission (IARDC) filed a complaint against Attorney Beran alleging professional misconduct in three client matters.

In all three matters, Attorney Beran was hired on an hourly basis to represent her clients in family law-related matters and accepted an advanced fee. The first count alleged that Attorney Beran failed to return an unearned fee, failed to act with reasonable diligence and promptness, failed to keep the client reasonably informed about the status of the matter, failed to promptly comply with reasonable requests for information, and failed to take steps to protect the client's interests upon termination of the representation. The second count alleged that Attorney Beran failed to competently represent the client, failed to act with reasonable diligence and promptness, and failed to keep the client reasonably informed about the status of the matter. The third count alleged that Attorney Beran failed to act with reasonable diligence and promptness, failed to keep the client reasonably informed about the status of the matter, failed to respond to reasonable requests for information from the client, and failed to return unearned fees. The fourth count alleged that Attorney Beran failed to appear before the IARDC, failed to provide written responses to certain questions from the IARDC, and failed to provide requested documentation.

¶5 On December 12, 2022, the IARDC filed a "Petition to Impose Discipline On Consent Pursuant to Supreme Court [of Illinois] Rule 762(b)," which was joined by Attorney Beran. In the petition, the parties stipulated that Attorney Beran's license to practice law in Illinois should be suspended for a period of six months, with the suspension stayed after thirty days and a two-year period of probation subject to numerous conditions. These conditions include: repaying specified monies to the Illinois Client Protection Program Trust Fund; attending meetings with the IARDC probation officer and submitting quarterly written reports; undergoing treatment with a qualified mental health professional; completing the IARDC Professionalism Seminar within the first year of probation; obtaining an attorney-monitor, attending associated meetings and participating in a law office management program, including use of specified systems and practices; complying with the provisions of the Illinois Supreme Court Rules on Admission and Discipline of Attorneys and the Illinois Rules of Professional Conduct; cooperating with and providing information to the IARDC Administrator as to any ensuing investigations; reimbursing the IARDC for the costs of the proceeding and her probationary period; and providing required notifications to the IARDC Administrator. ²

¶6 On January 17, 2023, the Supreme Court of Illinois approved the petition, suspended Attorney Beran from the practice of law for six months, with the suspension stayed after 30 days, and imposed a two-year period of probation with the aforementioned conditions. The suspension became effective as of February 7, 2023, and ended on March 9, 2023, at which point the two-year period of probation commenced.

¶7 Attorney Beran failed to notify OLR of the suspension of her Illinois license to practice law within 20 days of its effective date.

¶8 On May 1, 2023, the OLR filed a complaint and motion alleging that Attorney Beran was subject to reciprocal discipline by virtue of the suspension of her law license in Illinois pursuant to SCR 22.22. The OLR also alleged that Attorney Beran violated SCR 22.22(1) by failing to notify OLR of the suspension of her Illinois license to practice law within 20 days of its effective date.

¶9 On June 27, 2023, Attorney Beran and the OLR filed a stipulation, agreeing that by virtue of her Illinois suspension and probation, she is subject to reciprocal discipline in Wisconsin. Attorney Beran agrees that it would be appropriate for this court to suspend her Wisconsin law license for a period of 30 days and order her to comply with all of the terms and conditions of probation set forth in the January 17, 2023 judgment and order of the Supreme Court of Illinois. The parties state that the stipulation did not result from plea bargaining. Attorney Beran does not contest the facts and misconduct alleged by the OLR, and she agrees to the level of discipline sought by the OLR. Attorney Beran also represents and verifies the following: she fully understands the misconduct allegations; she fully understands the ramifications should this court impose the stipulated level of discipline; she fully understands her right to contest the matter; she fully understands her right to consult with and retain counsel; and that her entry into the stipulation is made knowingly and voluntarily. Attorney Beran also stipulates that she does not claim any of the potential defenses set forth in SCR 22.22(3).

¶10 In addition to these stipulated facts, we note that the discipline imposed by the Supreme Court of Illinois was based, in part, on a number of mitigating factors, as set forth in the transcript from the IARDC hearing. Attorney Beran was the sole associate at a two-person law firm. The firm's owner abruptly abandoned the practice, leaving Attorney Beran to inherit the partner's heavy caseload, in addition to her own. She was also required to manage the law office, despite no experience or training in doing so. Shortly thereafter, the sole legal assistant in the office left, and Attorney Beran became the sole caregiver for her two elderly parents, one with dementia and the other who was placed in a nursing home during...