Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Disciplinary Proceedings against Toran

Supreme Court of Wisconsin

April 5, 2018

In the Matter of Disciplinary Proceedings Against James Toran, Attorney at Law:
v.
James Toran, Respondent-Appellant. Office of Lawyer Regulation, Complainant-Respondent,

         DISCIPLINARY PROCEEDINGS AGAINST TORAN

          ORAL ARGUMENT: January 17, 2018

          For the respondent-appellant, there was a brief filed and an oral argument by Michael L. Chernin and Law Office of Michael L. Chernin, Milwaukee.

          For the complainant-respondent, there was a brief filed and oral argument by Gregg Herman on behalf of the Office of Lawyer Regulation, Madison.

          PER CURIAM.

         ATTORNEY disciplinary proceeding. Attorney's license suspended.

         ¶1 Attorney James Toran appeals a report filed by Referee John A. Fiorenza concluding that Attorney Toran committed three counts of professional misconduct and recommending that Attorney Toran should be ordered to pay restitution and that his license to practice law in Wisconsin be suspended for one year. Attorney Toran entered into a stipulation whereby he admitted to the alleged misconduct and agrees to pay restitution. He argues that a lesser sanction is warranted.

         ¶2 We adopt the referee's findings of fact, conclusions of law, and recommendation regarding restitution, but we conclude that a 60-day suspension of Attorney Toran's license to practice law is a sufficient sanction for his misconduct. As is our usual practice, we also agree that Attorney Toran should be required to pay the full costs of this proceeding, which are $2, 188.05 as of February 6, 2018.

         ¶3 Attorney Toran was admitted to practice law in Wisconsin in 1983. He practices criminal law in Milwaukee. This is his fifth disciplinary proceeding.

         ¶4 In 1989, we suspended Attorney Toran's license for six months because Attorney Toran arranged to receive cocaine as payment of a portion of legal fees he charged to represent a criminal client. In re Disciplinary Proceedings Against Toran, 151 Wis.2d 194, 443 N.W.2d 927 (1989) . He was charged and convicted of possession of cocaine and received two years of probation. Id.

         ¶5 In 1991, Attorney Toran received a consensual public reprimand for misconduct committed in two client matters. Public Reprimand of James E. Toran, No. 1991-13 (electronic copy available at https://compendium.wicourts.gov/app/raw/ 000288.html). In the first matter, a client retained Attorney Toran to represent him on a speeding and drunk driving charge. Attorney Toran failed to show up for a court hearing without formal notice to the court and with only five minutes notice to his client. The client promptly discharged him and, although Attorney Toran agreed to return $350 of the $500 retainer to the client, he failed to do so.

         ¶6 In the second matter, a woman retained Attorney Toran following her arrest on a drunk driving charge. She had been offered a plea deal but Attorney Toran told her that she had a good case. She paid Attorney Toran a $500 retainer and, on Attorney Toran's advice, drove 200 miles to take photographs of the area where she had been driving to use as evidence at trial. After several delays, Attorney Toran accepted a plea deal for her without her consent. Believing she was going to trial, she tried to contact Attorney Toran without success. She terminated representation and, when she tried to discuss a refund, Attorney Toran cancelled the meeting and subsequently failed to respond to her telephone calls or to a certified letter. During the investigation Attorney Toran agreed to refund her $500 retainer, but failed to do so.

         ¶7 Attorney Toran received a consensual private reprimand in 2007.

         ¶8 On November 3, 2012, Attorney Toran received another consensual public reprimand based on misconduct in three client matters. Public Reprimand of James E. Toran, No. 2012-15 (electronic copy available at https://compendium.wicourts.gov/ app/raw/002521.html). Attorney Toran failed to provide a client with a written fee agreement, in violation of SCR 20:1.5(b) (1) . With respect to the second client, Attorney Toran again failed to provide the client with a written fee agreement and, despite repeated requests, also failed to provide the client with a copy of discovery in the case, in violation of SCR 20:1.4 (a) (4) . Attorney Toran also falsely told the Office of Lawyer Regulation's (OLR) investigators that he had visited this client in jail. In the third client ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.