Background
The Office of Lawyer Regulation charged Stephanie G. Rapkin with six counts of misconduct. Four arose from her work for the estate and trust of N.H.B., whose will named Rapkin as personal representative. The complaint alleged that Rapkin billed the estate and trust without a valid written fee agreement, combined services to the two entities without distinguishing them, charged attorney rates for nonlegal work, failed to timely close the estate, and stopped responding to the trustee’s requests for information.
The probate court removed Rapkin as personal representative, denied her approximately $6,500 claim against the estate, and ordered her to repay the trust nearly $19,000 in improper fees. The other two disciplinary counts stemmed from Rapkin’s misdemeanor disorderly-conduct conviction for spitting in the face of a teenager participating in a Shorewood protest.
Rapkin was personally served but did not answer the complaint or attend the default hearing. She did not appeal the referee’s recommendation of default, a one-year suspension, and full costs.
The Court’s Holding
The Wisconsin Supreme Court declared Rapkin in default, accepted the complaint’s allegations as admitted, and held that clear, satisfactory, and convincing evidence established all six charged violations. It approved the referee’s findings and conclusions after its review under SCR 22.17(2).
The court suspended Rapkin’s Wisconsin law license for one year, effective September 17, 2026. It concluded that her knowing billing, communication, and diligence failures injured her client, while her misdemeanor conduct seriously reflected on her fitness to practice. The court found aggravating factors predominated, including selfish motive, a pattern of neglect, multiple offenses, failure to acknowledge wrongdoing, and substantial experience; her lack of prior discipline was the sole mitigating factor.
The court also ordered Rapkin to pay $3,164.77 in costs within 60 days. It awarded no restitution because OLR did not seek it.
Key Takeaways
- A lawyer’s failure to answer a disciplinary complaint may result in default and the allegations being deemed admitted.
- Improper billing, neglect of estate work, and failure to communicate can support a substantial suspension.
- Criminal conduct unrelated to client representation may warrant discipline when it seriously reflects on fitness to practice law.
Why It Matters
The decision underscores that retirement, inactive status, or administrative suspension does not remove a Wisconsin lawyer from the court’s disciplinary jurisdiction. It also illustrates how misconduct in client matters and personal criminal conduct may be assessed together in setting discipline.