Office of Lawyer Regulation v. Hudec (In re Disciplinary Proceedings Against Patrick J. Hudec)
| Decision Date | 18 April 2019 |
| Docket Number | No. 2017AP523-D,2017AP523-D |
| Citation | 2019 WI 39,386 Wis.2d 371,925 N.W.2d 540 |
| Parties | In the Matter of DISCIPLINARY PROCEEDINGS AGAINST Patrick J. HUDEC, Attorney at Law: Office of Lawyer Regulation, Complainant, v. Patrick J. Hudec, Respondent. |
| Court | Wisconsin Supreme Court |
ATTORNEY disciplinary proceeding. Attorney's license suspended.
¶1 We review Referee Richard M. Esenberg's report and recommendation concluding that Attorney Patrick J. Hudec violated the rules of professional conduct in connection with his representation of two clients, D.B. and N.K. The referee recommended that this court impose a 60-day suspension of Attorney Hudec's law license and condition Attorney Hudec's continued practice of law on his satisfaction of a monetary judgment entered in N.K.'s civil lawsuit against him. We adopt the referee's findings of fact, conclusions of law, and recommendation regarding discipline. We impose the full costs in this matter, which total $4,319.04 as of January 24, 2019.
¶2 Attorney Hudec was admitted to practice law in Wisconsin on May 21, 1979. He has a substantial disciplinary history: a 1989 consensual private reprimand; a 1993 consensual private reprimand; a 2001 consensual private reprimand; a 2008 consensual public reprimand; and a 2014 public reprimand.
¶3 On March 22, 2017, the Office of Lawyer Regulation (OLR) filed a complaint against Attorney Hudec alleging six counts of professional misconduct arising out of his representation of D.B. and N.K. Attorney Hudec moved to dismiss the complaint on a variety of grounds. This court appointed a referee, who denied the motion. Attorney Hudec then filed an answer in which he denied all misconduct.
¶4 Attorney Hudec later entered into a stipulation in which he agreed to plead no contest to the six counts of misconduct charged in the complaint. Attorney Hudec agreed that the referee could use the allegations of the complaint as a factual basis for the referee's determination of misconduct. The parties stipulated that a 60-day suspension was appropriate discipline. The parties further stipulated that, as a condition upon his continued practice of law, Attorney Hudec must comply with any judgment resulting from a pending civil case against him brought by N.K. The parties further agreed that the stipulation was not the result of plea bargaining; that Attorney Hudec's entry into the stipulation was knowing and voluntary; and that he understood the misconduct allegations made in the OLR's complaint, his right to contest those allegations, his right to consult with counsel, and the ramifications of his entry into the stipulation.
¶5 In January 2019, the referee filed his report and recommendation. The referee accepted the parties' stipulation and found, based on the stipulation, that the following facts were true.
¶6 D.B.'s mother, J.A.R., died in May 2012. In June 2012, D.B. hired Attorney Hudec to represent her in her capacity as personal representative for her mother's estate. D.B. paid Attorney Hudec a $1,500 advanced fee. Attorney Hudec did not communicate the scope of the representation or the basis or rate of the fee in writing to D.B. within a reasonable time of commencing the representation, nor did he provide her with a written communication explaining the purpose and effect of the advanced fee.
¶7 J.A.R.'s will was admitted to probate. On November 16, 2012, C.D., another daughter of J.A.R., filed a claim against the estate concerning payments made on her mother's behalf and an asserted interest in a house she had shared with her mother. Attorney Hudec received a copy of the claim.
¶8 Attorney Hudec failed to file an objection to C.D.'s claim within 60 days as required by Wis. Stat. § 859.33. He also failed to promptly respond to several of D.B.'s emails and telephone calls requesting information regarding the status of the estate proceeding.
¶9 On November 6, 2013, nearly a year after C.D. filed her claim, C.D.'s counsel moved for a default judgment on the claim, as well as for a protective order relating to discovery.
¶10 On November 20, 2013, Attorney Hudec filed an objection to C.D.'s claim, a motion for an extension of time for objections to claims, and various filings in opposition to C.D.'s motions for default judgment and for a protective order.
¶11 In a December 23, 2013 order, the circuit court granted C.D.'s motion for default judgment. The circuit court also granted C.D.'s requested protective order.
¶12 On December 30, 2013, C.D. filed a notice of entry of judgment.
¶13 On January 8, 2014, Attorney Hudec filed a motion for reconsideration and a "Motion to Reopen Judgment." The circuit court denied these motions, noting that Attorney Hudec's failure to timely file an objection to C.D.'s claim was not the result of excusable neglect, but rather was part of a pattern of late filings in his handling of the estate proceedings.
¶14 Attorney Hudec did not timely appeal from the circuit court's default judgment. He did, however, timely appeal from the circuit court's order denying the estate's motions for reconsideration and to "reopen" the default judgment.
¶15 In November 2014, the court of appeals affirmed the circuit court's order. In doing so, it noted the circuit court's observation that Attorney Hudec had engaged in a pattern of missed deadlines for reasons that did not meet the standard for excusable neglect.
¶16 In March 2015, the circuit court ordered that D.B. continue as the personal representative and retain new counsel.
¶17 In a November 2015 letter to the OLR, D.B. stated that Attorney Hudec had not provided her with copies of the circuit court and appellate decisions; that he had provided "only a general synopsis of what took place"; that successor counsel had provided her with copies of these decisions; and that she was "astonished" by what she read and disappointed in the amount of information Attorney Hudec had withheld from her.
¶18 In February 2016, the circuit court entered a final judgment, entered an order discharging the personal representative, and closed the case.
¶19 The OLR complaint alleged, the parties stipulated, and the referee determined that by failing to communicate the scope of the representation and the basis or rate of the fee in writing to D.B. within a reasonable time after commencing the representation, and by failing to communicate the purpose and effect of the advanced fee in writing to D.B., Attorney Hudec violated SCR 20:1.5(b)(1) and (2)1 (Count 1).
¶20 The OLR complaint alleged, the parties stipulated, and the referee determined that by failing to timely object to C.D.'s claim against the Estate, by failing to timely appeal from the trial court's default judgment, and by failing to comply with several deadlines during the case, Attorney Hudec violated SCR 20:1.32 (Count 2).
¶21 The OLR complaint alleged, the parties stipulated, and the referee determined that by failing to keep D.B. reasonably informed about the status of the case and by failing to promptly respond to several of D.B.'s requests for information regarding the case, Attorney Hudec violated SCR 20:1.4(a)(3) and (4)3 (Count 3).
¶22 In January 2012, N.K. hired Attorney Hudec to pursue a defamation claim against B.K. regarding B.K.'s complaint to the Better Business Bureau about N.K.'s business. In April 2012, Attorney Hudec filed a defamation suit on behalf of N.K. and her business against B.K. and B.K.'s husband, D.K.
¶23 In June 2012, D.K. filed a motion for sanctions on the basis that there was no evidence he was a party to the alleged defamation and, therefore, he should not have been named as a defendant. Also in June 2012, B.K. filed an answer and affirmative defenses to N.K.'s complaint, and D.K. filed a counterclaim and a motion to dismiss.
¶24 In July 2012, Attorney Hudec filed documents in opposition to D.K.'s motions for sanctions and to dismiss.
¶25 In August 2012, the circuit court held a hearing and granted D.K.'s motion to dismiss on the ground that there was no evidence to justify naming him as a party. The circuit court denied D.K.'s motion for sanctions.
¶26 In October 2012, Attorney Hudec filed a reply to the counterclaim and motion to dismiss that D.K. had filed several months earlier. D.K. responded by moving to strike Attorney Hudec's filing as untimely and moving for a default judgment on the counterclaim. The circuit court ultimately granted D.K.'s motions. Attorney Hudec failed to adequately communicate that fact to N.K.¶27 Over the following months, Attorney Hudec missed a variety of court-imposed deadlines. In April 2013, B.K. filed a motion for sanctions as a result of these missed deadlines. Attorney Hudec failed to inform N.K. of this motion, and failed to inform her of the subsequently scheduled hearing on the motion. Attorney Hudec then failed to appear at the sanctions hearing. The circuit court dismissed plaintiffs' case with prejudice, finding Attorney Hudec's actions were egregious, extreme, substantial, and persistent. The circuit court noted the following facts: (1) Attorney Hudec had been granted extensions for various medical issues; (2) court-mandated mediation never took place; (3) Attorney Hudec failed to provide requested discovery to opposing counsel; (4) Attorney Hudec failed to file a pretrial report; and (5) Attorney Hudec stated that he intended to withdraw as counsel for plaintiff, but failed to so do, filing only unsigned documents.
¶28 As a sanction for failing to comply with its scheduling order, the circuit court imposed attorney's fees of $3,862.50 against plaintiffs and Attorney Hudec. The court gave plaintiffs leave to seek relief from the imposition of attorney's fees by filing a motion with the court.
¶29 The circuit court kept a scheduled final pretrial conference on its calendar to discuss matters related to D.K.'s counterclaim. N.K. appeared at the final pretrial conference. Attorney Hudec did not. N.K. did not know that...
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