Attorney Stephen M. Clubb, a partner at Rizzo & Diersen, S.C., has been publicly reprimanded by the Wisconsin Supreme Court for professional misconduct, including failure to act diligently on behalf of a client and misrepresenting the status of a legal case.

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Background of the Case

Clubb, who has been practicing law in Wisconsin since 2005, was retained in May 2020 by Jane Doe to enforce her rights as a beneficiary of her late mother’s trust. The administration of the trust became contentious following the deaths of Mary Doe in 2019 and her daughter Susan Doe in 2020, who had been serving as trustee. Another sibling, Emily Doe, declined to assume the trustee role, leaving Jane to take over.

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After assuming her role, Jane sought to recover personal property from Emily that she believed belonged to the trust. Clubb initially took steps to assist, including drafting correspondence and discussing potential legal action. However, his handling of the case soon became marked by neglect and misrepresentation.

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Failure to File Legal Action

In October 2022, Jane and her sister Anna Doe decided to proceed with a replevin action in Racine County to recover trust property. Clubb prepared draft complaints, which Jane approved for filing. However, despite assurances that he had taken action, Clubb never actually filed the case.

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By January 2023, Jane and Anna were growing frustrated with the lack of progress and repeatedly asked Clubb for updates. He did not respond to multiple emails. Then, in February 2023, he falsely informed Anna that a replevin hearing was scheduled for March 7, 2023.

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In reality, no such hearing was ever scheduled. Clubb’s misrepresentations continued when he later told Jane that he had attended the hearing, during which Emily allegedly failed to appear. This deception only unraveled when Jane pressed for further updates, and Clubb failed to provide any documentation or results from the supposed court proceeding.

Violation of Professional Conduct Rules

The Wisconsin Supreme Court determined that Clubb violated several key ethical rules:

• SCR 20:1.3 – Failure to act with reasonable diligence by not filing the replevin action as promised.
• SCR 20:8.4(c) – Engaging in dishonesty and misrepresentation by falsely claiming he had filed the case and attended a hearing.
• SCR 20:1.4(a)(4) – Failing to communicate with his client by ignoring multiple inquiries and withholding critical information.

While Clubb had no prior disciplinary history, the court determined that his misconduct warranted a formal public reprimand.

Implications and Reprimand

The public reprimand serves as a warning to Clubb and other attorneys about the importance of diligence, honesty, and proper client communication. While he avoided suspension or disbarment, the reprimand is a permanent mark on his professional record and could impact his credibility in future cases.

The Wisconsin Supreme Court’s decision highlights the necessity for attorneys to uphold the highest ethical standards, particularly when handling sensitive legal matters involving estates and trusts. Clients rely on legal professionals to provide accurate guidance and effective representation—failures like these erode trust in the legal system.

For those affected by similar legal issues, this case underscores the importance of verifying an attorney’s actions and seeking second opinions when concerns arise about case progress.