Office of Lawyer Regulation v. William J. Gilbert

Summary

The Supreme Court of Wisconsin reviews stipulated professional-misconduct findings against attorney William J. Gilbert. The court suspends Gilbert's Wisconsin law license for six months, retroactive to April 7, 2004, based on an unfair client loan transaction, dishonest conduct, failure to promptly surrender client files, and failure to cooperate with the Office of Lawyer Regulation. The court also orders restitution of $15,797.37 plus post-judgment interest and payment of proceeding costs.

Holdings

1. The court adopted the referee's findings because they had not been shown to be clearly erroneous.
2. Gilbert violated SCR 20:1.8(a), SCR 20:8.4(c), SCR 20:1.16(d), SCR 20:8.4(f), and SCR 22.03(2) through the unfair and inadequately disclosed client loan, dishonest or misleading nondisclosure, delayed delivery of the clients' file, and failure to provide a timely written response to the OLR.
3. The seriousness of Gilbert's professional misconduct warranted a six-month suspension of his Wisconsin law license, retroactive to April 7, 2004, together with restitution of $15,797.37 plus post-judgment interest and payment of the proceeding's costs.

Questions Presented

1. Whether the referee's stipulated findings of fact should be adopted.
2. Whether Gilbert's conduct violated SCR 20:1.8(a), SCR 20:8.4(c), SCR 20:1.16(d), SCR 20:8.4(f), and SCR 22.03(2).
3. What discipline and related financial obligations were warranted for Gilbert's misconduct.

Disposition

other