In the Matter of Disciplinary Proceedings Against William J. Gilbert

Summary

The Supreme Court of Wisconsin suspended William J. Gilbert's law license for an additional six months based on professional misconduct involving two client matters. The misconduct included lack of diligence, failure to communicate, mishandling client funds and property, failure to surrender a client file, inadequate trust-account records, and failure to cooperate with the Office of Lawyer Regulation. The court also imposed costs and conditions on any future reinstatement.

Holdings

1. The court adopted the referee's factual findings because they had not been shown to be clearly erroneous.
2. The court reviewed the referee's conclusions of law de novo and agreed that Gilbert violated the cited professional-conduct and lawyer-discipline rules.
3. The seriousness of Gilbert's professional misconduct warranted an additional six-month suspension of his license to practice law in Wisconsin.
4. Gilbert was ordered to pay the costs of the proceeding, and any reinstatement after suspension was conditioned on accountings, an office-management plan, periodic mentoring, and restitution when required.

Questions Presented

1. Whether the referee's factual findings should be adopted under the clearly erroneous standard.
2. Whether Gilbert's conduct violated the cited Wisconsin Supreme Court Rules of Professional Conduct and lawyer-discipline rules.
3. Whether the seriousness of Gilbert's misconduct warranted an additional six-month suspension of his Wisconsin law license.
4. Whether Gilbert should be required to pay proceeding costs and satisfy specified conditions for any future reinstatement.

Disposition

other