Cause Of Misconduct: Airbag

The Wisconsin Supreme Court has imposed a one-year suspension as reciprocal discipline of an attorney convicted of an offense and suspended in California.

The facts:

On March 23, 2008, Attorney…was driving his car when he collided with another car.  Both vehicles were damaged.  Attorney…remained at the accident scene for a few minutes, and then walked away leaving the scene and abandoning his car.  On March 24, 2008, Attorney…went to a police station and reported that his car had been stolen.  That same day he reported to his insurance company that his car had been stolen and a claim was initiated.

The police department investigated the accident and identified Attorney…as the owner of the car involved in the hit-and-run accident.  On May 30, 2008, Attorney…’s counsel wrote to the insurance company saying Attorney…was withdrawing his theft claim and would hold the insurance company harmless. 

On April 28, 2009, Attorney…entered an initial guilty plea to insurance fraud, a felony involving moral turpitude.  On December 8, 2009, the charge was reduced to a misdemeanor and Attorney…entered a final plea. 

The attorney’s story:

Attorney…maintains that he did not recall being involved in an auto accident at the time he initiated the insurance claim that led to his conviction.  He asserts he suffered a concussion/brain trauma caused by airbag deployment during the automobile collision which gave rise to the subsequent charge of knowingly providing false information in support of an insurance claim.  Attorney…says after his memory resurfaced in the weeks following the accident, he formally withdrew his insurance claim, and he expresses deep remorse for the entire incident.

California had imposed a two-year suspension with one year stayed. (Mike Frisch)