Office of Lawyer Regulation v. Raneda
2012 WI 42
| Wis. | 2012Background
- 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- In T.W. matter, trust funds were withdrawn for attorney's fees; court orders required trust accounting and deposits.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)
