Office of Lawyer Regulation v. Robert J. Baratki
2017 WI 89
| Wis. | 2017Background
- Robert J. Baratki, admitted 1990, previously received two private reprimands for (1) a sexual relationship with a client and (2) practicing while suspended; his license was later administratively and temporarily suspended for unrelated compliance and cooperation failures.
- OLR filed a nine-count complaint alleging: sexualized texts and physical contact with client K.D.; failure to fully cooperate with the OLR investigation; inadequate withdrawal and unpaid balance to client T.T.; and practicing while his license was suspended.
- Specific misconduct toward K.D. included flirtatious and sexual text messages and at least one instance of physical contact (lifting her shirt and kissing her abdomen). K.D. later replaced counsel.
- Baratki failed to produce complete records and omitted text messages during the OLR investigation, and he failed to timely respond to investigatory requests.
- While suspended for failure to timely meet State Bar requirements in late 2015, Baratki appeared in court and met with clients in multiple matters; he later belatedly responded to OLR and did not answer the disciplinary complaint, prompting default proceedings.
- The referee found all nine counts proved, recommended a 60-day suspension, restitution of $487.50 to T.T., and full costs; the Supreme Court declared Baratki in default, accepted the findings but imposed a six-month suspension, restitution, and full costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Baratki engaged in sexual/harassing conduct toward K.D. and conflicted representation | OLR: Baratki used his lawyer-client relationship to pursue sexual conduct (texts, physical contact), creating a personal-interest conflict and sexual harassment | Baratki did not answer; default deemed admission of allegations | Held: Misconduct proved — violation of SCR 20:1.7(a)(2), 20:8.4(i), and related rules |
| Whether Baratki failed to protect client T.T.'s interests on withdrawal and failed to act diligently | OLR: Baratki withdrew without court permission or adequate notice and failed to refund or account, leaving a $487.50 balance | No answer; default | Held: Misconduct proved — violation of SCR 20:1.3 and 20:1.16(d); restitution ordered $487.50 |
| Whether Baratki practiced law while his license was suspended and failed required trust-account certification | OLR: Baratki continued appearances and client contacts while suspended and failed to file required certification | No answer; default | Held: Misconduct proved — violation of SCR 22.26(2) and former SCR 20:1.15(i)(1); discipline imposed |
| Whether Baratki willfully failed to cooperate with OLR investigation | OLR: Baratki omitted texts, failed to produce complete file, and missed investigatory deadlines | No answer; default | Held: Misconduct proved — violation of SCR 22.03(2),(6) and SCR 20:8.4(h); factored into increased suspension |
Key Cases Cited
- In re Disciplinary Proceedings Against Kratz, 353 Wis. 2d 696 (2014) (four-month suspension for unsolicited sexually suggestive texts and statements by a lawyer; used to compare severity and support longer suspension)
- In re Disciplinary Proceedings Against Gibson, 124 Wis. 2d 466 (1985) (90-day suspension where attorney made unsolicited sexual advances to a client; conduct characterized as egregious)
- In re Disciplinary Proceedings Against Ridgeway, 158 Wis. 2d 452 (1990) (six-month suspension for sexual contact with a client; cited as consistent precedent for suspension length)