Wednesday, June 24, 2020

Concurrent Sanctions

The Wisconsin Supreme Court declined to adopt a referee's recommended sanction

We agree with the referee's conclusions of law that Attorney Kovac engaged in professional misconduct. We conclude, however, that the appropriate sanction for Attorney Kovac's misconduct is a five-month suspension of his license to practice law in Wisconsin. As the misconduct at issue in this case occurred during approximately the same time period as misconduct that recently resulted in a five-month license suspension, we find it appropriate to make the five-month suspension imposed in this case concurrent with the five-month suspension in the previous case.

The attorney was admitted in 1976 and has a discipline record including most recently

On May 27, 2020, Attorney Kovac's law license was suspended for five months, effective July 8, 2020, for failure to take steps to the extent reasonably practicable to protect a client's interests upon termination of representation; failure to provide the OLR with timely responses to grievances; failure to pursue post-conviction relief after filing a notice of intent to do so; and failure to act with reasonable diligence and promptness when representing a client.

Here

As we noted in our recent opinion imposing a five-month suspension, Attorney Kovac's habit of procrastination and dilatory practices continue. The misconduct at issue in this matter is very similar to that at issue in the matter in which we recently imposed a five-month suspension. In addition, the misconduct in both cases occurred at approximately the same time. In the event the counts of misconduct at issue here had been part of the same OLR complaint that resulted in the five-month suspension, it is likely that the court would still have imposed a five-month suspension.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2020/06/the-wisconsin-supreme-court-we-agree-with-the-referees-conclusions-of-law-that-attorney-kovac-engaged-in-professional-miscon.html

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