Mitigation Standards Undermined?

The Wisconsin Supreme Court has sanctioned an attorney for serious misconduct

Attorney Christopher E. Meisel has appealed Referee Hannah Dugan’s recommendation that his license to practice law in Wisconsin be suspended for two years for 15 counts of misconduct, which included converting approximately $175,000 from two estates and two guardianship proceedings. Attorney Meisel stipulated to all counts of misconduct but asserts that, rather than a two-year suspension, a five-month suspension of his law license is an adequate sanction.

Upon careful review of this matter, we uphold the referee’s findings of fact and conclusions of law. We conclude, however, that rather than a two-year suspension, Attorney Meisel’s license to practice law should be suspended for 18 months. We further agree with the referee that Attorney Meisel should be required to pay the full costs of this proceeding, which are $10,831.67 as of February 7, 2017. Although the referee recommended that various conditions be imposed upon Attorney Meisel, we find that the imposition of conditions would be better addressed in a future reinstatement proceeding.

Justice Abrahamson dissented

Attorney Meisel has had more than his share of medical problems and has obviously suffered immensely. I could go along with the referee’s recommendation of a two-year suspension. The referee already considered mitigating factors. In In re Disciplinary Proceedings Against Sosnay, 209 Wis. 2d 241, 562 N.W.2d 137 (1997), this court said that absent a causal connection between an attorney’s medical condition and the attorney’s professional misconduct, the medical condition may not be considered a factor mitigating either the seriousness of the misconduct or the severity of the discipline to be imposed for it. The per curiam opinion undermines Sosnay. I am unwilling to do that. What is left of Sosnay? Lawyers, the OLR, and referees ought to know what factors are mitigating factors.

(Mike Frisch)