Dismissal Appropriate For De Minimus Fee Misconduct

The Wisconsin Supreme Court agreed with a referee’s recommendation and dismissed disciplinary charges against an attorney in light of an earlier decision 

While the OLR and Attorney Rajek litigated this disciplinary proceeding, we issued our decision in Rajek I. That matter also involved several counts of misconduct related to Attorney Rajek’s fee agreement. We concluded that Attorney Rajak had committed five of the six alleged violations of the  Rules of Professional Conduct but we opted to impose no discipline and we reduced the costs he was required to pay. ..

Our decision in Rajek I is certainly relevant to the two alleged counts of misconduct involving Attorney Rajek’s fee agreement. Reasonable minds could differ as to whether the other two counts involving refusal to submit to binding arbitration for a lengthy period of time and delay in cooperating with the OLR could warrant prosecution and discipline. However, we acknowledge that the OLR may, in its discretion, cease prosecution if, as here, the OLR determines that the charges at issue are de minimus. We are satisfied with the OLR’s explanation for its decision to stipulate to dismissal of the pending complaint and its exercise of discretion in this matter. Accordingly, we adopt the referee’s report, accept the stipulation, and dismiss the complaint. The OLR did not seek restitution and we do not order restitution in this case. Finally, because there is no finding of misconduct, we do not impose costs upon attorney Rajek.

(Mike Frisch)