In the Matter of Robert A. Wianecki, Jr.
C. Frost, Esq., Chair, Edna Y. Baugh, Esq., Vice-Chair, Peter
J. Boyer, Esq., Bruce W. Clark, Esq., Hon. Maurice J.
Gallipoli, Thomas J. Hoberman, Eileen Rivera, Anne C. Singer,
Esq., Robert C. Zmirich.
A. Brodsky CHIEF COUNSEL.
T. Granuzzo deputy chief counsel.
Melissa Urban First Assistant counsel.
Timothy M. Ellis, Lillian Lewin, Barry R. Petersen, Jr.,
Colin T. Tams, Kathryn Anne Winterle assistant counsel.
Disciplinary Review Board has reviewed the motion for
discipline by consent (reprimand or such lesser discipline as
the Board deems warranted), filed by the Office of Attorney
Ethics (OAE), pursuant to IL. 1:20-10(b) (1). Following its
review of the record, the Board determined to grant the
motion and to impose a reprimand on respondent for his
violation of RPC 1.15(d) (failure to comply with the
recordkeeping requirements set forth in R, 1:21-6).
on May 18, 2016, the OAE conducted an audit of
respondent's attorney books and records. The audit
uncovered the following recordkeeping deficiencies:
• Electronic transfers made without proper
authorization, in violation of R. 1:21-6(C)(1)(a);
• Inactive balances, totaling $10, 196.07, left in
attorney trust account, in violation of R. 1:21-6(d);
• Thirty old outstanding checks and one recorded wire
transfer, totaling $6, 196.52, in violation of R. 1:21-6(d);
. improper designation on attorney business account checks,
in violation of R. 1:21-6(a)(2).
during a June 2012 audit, the OAE had uncovered the same
recordkeeping violations. In November 2012, respondent
certified to the OAE that he had resolved the deficiencies.
Although respondent did resolve the inactive balances and old
outstanding checks uncovered during the 2012 audit, the 2016
audit uncovered different inactive balances and old
outstanding checks. Further, contrary to respondent's
November 2012 certification to the OAE, he continued to make
electronic transfers without proper authorization and to use
the improperly-designated business account checks. For
example, on April 8, 2015, respondent issued an
"operating account" check. Further, his records
reflected multiple electronic transfers into his trust
account, but no evidence that he had provided signed written
instructions to the bank prior to each transfer.
1.15(d) requires an attorney to comply with the recordkeeping
requirements set forth in R. 1:21-6. Thus, as the parties
stipulated, respondent's violation of R., 1:21-6(a)(2),
FL 1:21-6(c) (1) ...