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In re Disciplinary Proceedings Against Teasdale2/16/2005
ATTORNEY disciplinary proceeding. Attorney publicly reprimanded.
. We review the recommendation of the referee that Attorney Clay F. Teasdale be publicly reprimanded for having committed two counts of professional misconduct in connection with his representation of J.S. in a personal injury matter. In addition, the referee recommended that Attorney Teasdale be required to pay restitution to the client, as well as the costs of this disciplinary proceeding.
. We determine that the seriousness of Attorney Teasdale's professional misconduct warrants a public reprimand. We also determine that Attorney Teasdale should be required to make restitution to his client, and we require Attorney Teasdale to pay the costs of this proceeding.
. Attorney Teasdale was admitted to practice in Wisconsin in 1983. He has been temporarily suspended from the practice of law in Wisconsin since January 23, 2004, for failure to respond to or otherwise cooperate with a disciplinary investigation unrelated to the instant matter. Attorney Teasdale has not sought reinstatement. He has one previous public reprimand.
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. On February 2, 2004, the OLR filed a complaint against Attorney Teasdale. The matter was submitted to a referee. Teasdale answered and appeared pro se but did not participate after the issuance of a scheduling order on March 15, 2004. The record reflected that he has not "participate in a meaningful way in this case before the Referee."
. The complaint filed by the OLR alleged two counts of misconduct committed in connection with Teasdale's representation of J.S. in a personal injury matter. The complaint alleged that Attorney Teasdale filed a complaint on J.S.'s behalf in June 1997. On June 9, 1998, defense counsel served Teasdale with a deposition notice for J.S.; the deposition was to be conducted on June 16, 1998. On June 9, 1998, defense counsel attempted to contact Attorney Teasdale by telephone, but received a message that Attorney Teasdale's telephone was "temporarily disconnected." Defense counsel heard nothing from Teasdale. Teasdale did not inform his client of the scheduled deposition and neither Teasdale nor his client appeared at the deposition. Defense counsel later learned that Teasdale had relocated his practice from Marinette, Wisconsin to Menominee, Michigan.
. Opposing counsel then filed and served Attorney Teasdale with a motion for costs based on the failure to produce J.S. for the deposition. Teasdale failed to inform his client of the motion, but appeared at the hearing. The court issued an order directing Teasdale to pay $426.35 in costs in connection with the matter. Attorney Teasdale did not inform his client of this order.
. Subsequently, the personal injury matter settled, and appropriate checks were sent to Attorney Teasdale, along with a draft stipulation and order for dismissal. However, Teasdale rejected the draft and proposed a release that dismissed the action "on the merits with prejudice and without further costs..." Opposing counsel rejected this proposal because Attorney Teasdale had not yet paid the $426 costs previously ordered by the court. Opposing counsel forwarded the judgment for costs to the court. Teasdale filed an objection to the judgment for costs, asserting that the matter had been dismissed without costs, which was not accurate because opposing counsel had not signed the draft release proposed by Teasdale.
. On February 26, 1999, the court executed the judgment for costs and advised Teasdale, in writing, that the earlier order "clearly states that the plaintiff shall pay to the defendant the s
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