“Abysmal” Cooperation With Bar Investigation

An attorney’s misconduct in four client matters has resulted in a five-month suspension by the Wisconsin Supreme Court.

Attorney Kaupie was licensed to practice law in Wisconsin in 1999.  He resides in Wausau.  Attorney Kaupie’s license has been administratively suspended since October 31, 2011, for his failure to pay mandatory State Bar dues and his failure to file a trust account certification, and since June 12, 2012, for failure to comply with continuing legal education requirements.  In addition, on March 15, 2012, this court temporarily suspended Attorney Kaupie’s license for his willful failure to cooperate in Office of Lawyer Regulation (OLR) investigations concerning his conduct.  He has not previously been the subject of disciplinary proceedings.

On sanction

 As the referee observed, abandonment of clients, especially those who are vulnerable due to incarceration and indigency, is a serious matter and Attorney Kaupie’s cooperation with the ensuing investigation was “abysmal.”  The referee was mindful, however, that Attorney Kaupie had no prior disciplinary history and that Attorney Kaupie acknowledged complete culpability for his misconduct.

The stipulation discloses that in 2009, when this misconduct commenced, Attorney Kaupie was a sole practitioner with no office staff, practicing primarily in the area of criminal defense.  That year, Attorney Kaupie’s mother, who suffered from Alzheimer’s disease, experienced declining health.  Attorney Kaupie spent considerable time caring for his mother, whose condition increasingly needed constant supervision.  The stipulation discloses that Attorney Kaupie essentially stopped practicing law to care for his mother, who passed away in November 2014.

The court lifted the 2012 suspension for failure to cooperate in the bar’s investigation. (Mike Frisch)