The Gentleman Of Verona

The Wisconsin Supreme Court has imposed a four-month suspension of a solo practitioner from Verona.

The attorney had engaged in misconduct in several matters. The court noted that his ethical problems were attributed to health issues

Within a week after the referee filed her report in this matter, the OLR received a letter from one of Attorney B.’s health care providers.  The provider stated that he was writing at the request of and with the permission of Attorney B.  The letter described health issues which were then affecting Attorney B. and which had led to symptoms that included problems with memory, concentration, and the ability to make decisions.  The letter further stated that due to those health issues, Attorney B. was unable at that time to respond to complaints that had been filed with the OLR.  It requested that the OLR temporarily suspend all administrative proceedings involving Attorney B.

The attorney nonetheless agreed to the suspension.

The court rejected the referee’s proposal that monitoring by the bar’s assistance program be a requirement of reinstatement

…we do not think it necessary to require Attorney B. to submit to an extended monitoring program administered by WisLAP.  In order to ensure that Attorney B.’s health will be in a sufficient condition to allow him to resume the practice of law, however, we conclude that the reinstatement of his license to practice law in this state following his four-month suspension should be conditioned upon him obtaining a satisfactory mental health evaluation and providing that evaluation to the OLR.  In order to be satisfactory, the evaluator must render an opinion, to a reasonable degree of professional certainty, that Attorney B. is presently capable of discharging the duties of a person licensed to practice law in this state.  We further conclude that as an additional condition of reinstatement, Attorney B. must execute medical releases that authorize the OLR for a period of three years to review his medical and mental health records and to speak with his medical or mental health care providers.  Once Attorney B. has complied with these conditions and the other conditions that are always required for reinstatement after a disciplinary suspension of less than six months, his license to practice law in this state can be reinstated.

(Mike Frisch)