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Office of Lawyer Regulation v. Raneda
2012 WI 42
| Wis. | 2012
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Background

  • Referee recommended default against Raneda for 14 counts of misconduct and a one-year suspension with full costs.
  • Raneda admitted Wisconsin bar in 2002; no prior disciplinary history; resided in San Francisco by time of decision.
  • OLR filed complaint on April 12, 2011 alleging two client matters (T.W. and G.O.) with multiple misconduct counts.
  • In T.W. matter, trust funds were withdrawn for attorney's fees; court orders required trust accounting and deposits.
  • In G.O. matter, advance fee and cost handling and communications allegedly violated multiple SCR provisions; investigations and sanctions followed.
  • Court adopted referee’s findings after Raneda failed to answer or participate; suspension ordered to be effective June 4, 2012; costs of $3,232.05 assessed; restitution not ordered.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Default and sanction proper. OLR argues default warranted and one-year suspension. Raneda did not present a defense; no contrary position. Yes; default declared and one-year suspension affirmed.
Costs should be assessed. OLR seeks full costs as of December 19, 2011. Raneda did not contest; no challenge. Full costs ($3,232.05) assessed.
Restitution in G.O. matter warranted. OLR considered restitution; not readily ascertainable. Raneda did work on G.O.; restitution not clearly required. Restitution not awarded.

Key Cases Cited

  • In re Disciplinary Proceedings Against Eisenberg, 269 Wis. 2d 43 (Wis. 2004) (referee findings affirmed; review de novo; sanctions within court's discretion)
  • In re Disciplinary Proceedings Against Widule, 660 N.W.2d 686 (Wis. 2003) (court may impose sanctions beyond referee recommendation)
Read the full case

Case Details

Case Name: Office of Lawyer Regulation v. Raneda
Court Name: Wisconsin Supreme Court
Date Published: May 1, 2012
Citation: 2012 WI 42
Docket Number: No. 2011AP817-D
Court Abbreviation: Wis.