“It Was You And Your Abs”

The Wisconsin Supreme Court has ordered a six-month default suspension of an attorney who had previously been privately reprimanded for sex with a client.

Attorney Baratki was admitted to practice law in Wisconsin in 1990. He has twice been privately reprimanded. In 2006, he was privately reprimanded for engaging in a consensual sexual relationship with his client when he did not have such a relationship with the client prior to the establishment of their attorney-client relationship…

Here in a divorce case

Beginning in April 2014, Attorney Baratki began sending flirtatious, and sometimes sexual, text messages to [client] K.D. In April 2014, Attorney Baratki sent K.D. a text message that read, “I forgot to tell you yesterday your top was really pretty,” and, “You[] are so bad.” When K.D. responded, “I think it is your imagination,” Attorney Baratki replied, “Nope, it was you and your abs.” In May 2014, Attorney Baratki texted K.D. to suggest that she “could stop over for a 10 or 15 minute pawing before [K.D.’s daughter] stops over.” Attorney Baratki later texted such appeals as, “Are you ignoring me?” and, “You don’t love me anymore.” Attorney Baratki also bragged to K.D. about how many women he had been with, suggested that she should “date,” and forecasted her sexual predilections. In one of his meetings with K.D., Attorney Baratki lifted her shirt and kissed her abdominal area.

 The client found a new lawyer.

He also had practiced while suspended and failed to cooperate in the bar investigation.

The court

Attorney Baratki’s first category of misconduct – his inappropriate statements and behavior toward K.D. by itself justifies a suspension longer than 60 days.

 The referee had proposed the 60-day suspension. (Mike Frisch)