Bd. of Prof'l Responsibility v. Tolin

• Citation: 501 P.3d 1232
• Decision Date: 05 January 2022
• Docket Number: D-20-0008
• Parties: BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR, Petitioner, v. Donald L. TOLIN, WSB #5-1699, Respondent.
• Court: United States State Supreme Court of Wyoming

501 P.3d 1232

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR, Petitioner,

v.Donald L. TOLIN, WSB #5-1699, Respondent.

D-20-0008

Supreme Court of Wyoming.

January 5, 2022

ORDER OF THREE-YEAR SUSPENSION

[¶1] This matter came before the Court upon the Board of Professional Responsibility's Report and Recommendation for Three-Year Suspension, filed herein November 30, 2021. The Report and Recommendation was filed pursuant to Rule 12 of the Wyoming Rules of Disciplinary Procedure, which governs stipulated discipline. Now, after a careful review of the Report and Recommendation and the file, the Court finds the Report and Recommendation should be approved, confirmed, and adopted by the Court, and that Donald L. Tolin should be suspended from the practice of law for three years. It is, therefore,

[¶2] ORDERED that Deputy Bar Counsel's Motion to Strike Page 7 of Report and Recommendation for Three-Year Suspension in Its Entirety, e-filed herein December 3, 2021, is granted. The attached Report and Recommendation for Three-Year Suspension, has been amended to include the corrected page 7 provided by Deputy Bar Counsel. In addition, this Court has redacted a portion of page 4 of the Report and Recommendation; and it is further

[¶3] ADJUDGED AND ORDERED that the Board of Professional Responsibility's Report and Recommendation for Three-Year Suspension, which is attached hereto and incorporated herein, shall be, and the same hereby is, approved, confirmed, and adopted by this Court; and it is further

[¶4] ADJUDGED AND ORDERED that, as a result of the conduct set forth in the Report and Recommendation for Three-Year Suspension, Respondent Donald L. Tolin shall be, and hereby is, suspended from the practice of law for three years, with the period of suspension to begin January 5, 2022; and it is further

[¶5] ORDERED that, during the period of suspension, Respondent shall comply with the requirements of the Wyoming Rules of Disciplinary Procedure, particularly the requirements found in Rule 21 of those rules. That rule governs the duties of disbarred and suspended attorneys; and it is further

[¶6] ORDERED that, pursuant to Rule 25 of the Wyoming Rules of Disciplinary Procedure, Respondent shall reimburse the Wyoming State Bar the amount of $50.00, which represents the costs incurred in handling this matter, as well as pay an administrative fee of $750.00. Respondent shall pay the total amount of $800.00 to the Wyoming State Bar on or before March 1, 2022. If Respondent fails to make payment in the time allotted, execution may issue on the award; and it is further

[¶7] ORDERED that the Wyoming State Bar may issue the agreed press release contained in the Report and Recommendation for Three-Year Suspension; and it is further

[¶8] ORDERED that the Clerk of this Court shall docket this Order of Three-Year Suspension, along with the incorporated Report and Recommendation for Three-Year Suspension as a matter coming regularly before this Court as a public record; and it is further

[¶9] ORDERED that, pursuant to Rule 9(b) of the Wyoming Rules of Disciplinary Procedure, this Order of Three-Year Suspension, along with the incorporated Report and Recommendation for Three-Year Suspension shall be published in the Wyoming Reporter and the Pacific Reporter; and it is further

[¶10] ORDERED that the Clerk of this Court cause a copy of this Order of Three-Year Suspension to be served upon Respondent Donald L. Tolin.

[¶11] DATED this 5^th day of January, 2022.

BY THE COURT :

/s/ KATE M. FOX

Chief Justice

Attachment

BEFORE THE BOARD OF PROFESSIONAL RESPONSIBILITY

WYOMING STATE BAR

In the matter of DONALD L. TOLIN WSB # 5-1699, Respondent.

DECEMBER 6, 2021

WSB No.2020-074

D-20-0008

REPORT AND RECOMMENDATION FOR THREE-YEAR SUSPENSION

THIS MATTER came before a Review Panel of the Board of Professional Responsibility via video conference call on the 17^th day of November 2021, for consideration of the parties’ Stipulation for Three-Year Suspension pursuant to Rules 9 and 12 of the Wyoming Rules of Disciplinary Procedure. Present on the call were Review Panel members Rob Jarosh, Janine Thompson, and Deb Wendtland. Melinda S. McCorkle, Deputy Bar Counsel, appeared on behalf of the Wyoming State Bar. Respondent Donald L. Tolin appeared on his behalf. The Complainant was also present during the video conference call. The Review Panel, having reviewed the Stipulation, the supporting Affidavit and being fully advised in the premises, finds, concludes and recommends:

FINDINGS

1. Respondent is a private practitioner with an office in Casper, Wyoming. Respondent has been licensed to practice law in the State of Wyoming since 1978. On March 20, 2019, Respondent was suspended for thirty days for professional misconduct for violating Wyoming Rules of Professional Conduct 1.3 (diligence), 1.4 (communication with client), and 3.2 (expediting litigation). Bd. of Prof. Resp. v . Tolin, 436 P.3d 453 (Wyo. 2019).

Representation of Complainant

2. On June 5, 2019, the Complainant (hereinafter "Wife") emailed Respondent requesting legal advice about a possible separation or divorce from her husband. Within that first email to Respondent, Wife made clear that her overriding concern was that her husband was concealing assets and requested guidance in how to protect herself. Wife paid Respondent a $5,000.00 "availability retainer" on June 14, 2019.

3. On June 18, 2019, Wife sent Respondent a lengthy email addressing concerns about improper use of marital assets:

To date, [husband] has moved over approximately $23,000 from the joint account to his LWSS (his business account). He has purchased a down payment on a Harley $3,500 (May) with which he plans to go through and purchase today, despite the fact that I have told him that I did not agree with this or the manner in which he has made this purchase. I finally found out the total purchase of the Harley was $28,000. He put $3,5000 [sic] down already and now plans on putting another $12,000 (approximately) down today. This will leave him about $11,500 for financing. I am telling you this as I feel this large purchase is taking away from the marital property behind my back and I would like this to be accounted for in the event a divorce transpires. If I am remembering correctly, you said be will be held accountable for these transactions .

Can you provide me clarity with this question?

Also, with the $23,000 moved from the joint account to his business account, he has also "loaned" approximately $7,000 to a "friend whose child is in need"???? (Despite the fact his own child has been diagnosed with a life-long illness). Very vague and I am totally questioning this too. Once again, taking away from the marital property and giving to someone or something else. (I still suspect a pornography addiction or he is seeing someone else). Nonetheless, I think he is hiding money at this time and would like a very CLEAR accounting of these transactions. I plan on digging further, but felt this is information that you need to know.

As of Sunday, I have asked him to be transparent with this business account. While he has not provided me with an updated register, I have not seen anything suspicious to date. I will let you know if I do.

He informed me today that he is selling the jet skies to a friend for $5,000. I asked where he plans on putting the money from this sale, he said he was going to give it to me. I asked that he deposits the money into the joint savings account and we will decide later after we have decided the direction we need to go with this marriage. This is my way of being transparent and following what is equitably distributed in the event of a divorce.

As of Sunday, June 16, 2019, I have asked him to include me in on ALL decisions with the finances. He is not to sell, purchase, and/or move money without my knowledge and/or approval. He has been informed and he verbally agreed. If he does not hold up on his end of the deal, he is aware that there will be an accounting on his end .

(emphasis added).

4. In Respondent's response to Wife's email, Respondent acknowledged Wife's concerns about assets and stated, "I'm still concerned about his access to your accounts."

5. On June 18, June 26, July 5, and July 11, 2019, Wife reiterated concerns about hiding assets. On July 15, 2019, Wife again addressed assets and inquired about securing marital assets:

My question is will there need[s] to be an official separation date in an effort to get my portion of what he has already taken from the marital property?

***

I have had several people tell me I will not be able to recoup what he has taken/sold/spent to date as nobody has filed for the divorce, and a divorce complaint needs to be filed to freeze current assets. I would much rather get legal advice from you as I know this is accurate. If you can please provide clarity to my questions, I will be able to decide how best to move forward.

6. Respondent advised Wife that filing a complaint for divorce "sooner rather than later" is better and that the property issues are "complicated".

7. Wife spoke with Respondent on September 19, 2019 regarding concerns about assets. Wife asserts Respondent told her he would file a motion to freeze assets and take temporary ownership of the marital home upon filing of the divorce. On October 4, 2019, Wife emailed Respondent regarding the sale of assets. Respondent did not respond to this email.

8. Wife was served divorce papers on Saturday, April 4, 2020. That day, Wife gave Respondent a copy of the Complaint for Divorce and communicated in writing that her primary concern was the reduction of assets. Wife requested a full accounting of her husband's assets.

9. On April 8, 2020, Wife filled out a "Confidential Client Information" form, again stating: "I would like a full financial accounting with money he has been hiding since March 2019." In that document, Wife repeatedly expressed concerns about her husband's "increased spending" and "moving assets". On April 9, 2020, Respondent...