No Suspension Because Of “Devasting” Consequences

A criminal defense attorney had been publicly reprimanded by the Wisconsin Supreme Court for ethics violations in the repesentation of clients.

The court agreed with the referee that a non-suspensory sanction was appropriate notwithstanding a prior private reprimand:

The referee acknowledges that Attorney…previously received a private reprimand, but noted the misconduct in this case occurred at a time when Attorney…faced multiple outside pressures including dissolution of his small law firm, divorce, financial pressures, and an excessive caseload.  The referee explicitly noted that “[f]rom the testimony, these pressures and distractions are behind him.”  The referee noted that character witnesses described Attorney…as a highly experienced criminal lawyer who is “competent, dignified and respected.”  The referee was mindful that “[a] suspension at this time and the resulting closure of his sole practitioner office for several months could be devastating to his law practice.”  We agree. 

The court ordered that the attorney make restitution to a client and pay full costs of his bar prosecution. (Mike Frisch)