In the Matter of Disciplinary Proceedings Against George H. Losby

Summary

The Wisconsin Supreme Court reviewed a disciplinary proceeding involving attorney George H. Losby's handling of three probate estates. The court adopted the referee's findings that Losby engaged in misconduct including lack of diligence, false statements to a tribunal, dishonesty, misappropriation of estate funds, and failure to cooperate with the Office of Lawyer Regulation. The court suspended his Wisconsin law license for 18 months, ordered restitution and payment of $5,763.31 in costs, and imposed related reinstatement and suspension obligations.

Holdings

1. The court upheld the referee's findings of fact because they were not clearly erroneous and independently reviewed and adopted the referee's unchallenged legal conclusions.
2. An 18-month suspension of Losby's license to practice law was warranted by the seriousness of his misconduct and was necessary to protect the public and deter similar misconduct.
3. Losby was required to make the restitution identified in the referee's report, including all interest and penalties accrued by the M.S. estate because of delinquent tax filings, and to pay $5,763.31 in costs.

Questions Presented

1. Whether the referee's uncontested findings of fact and conclusions of law were supported by the record.
2. Whether Losby's misconduct warranted an 18-month suspension of his Wisconsin law license.
3. Whether restitution and the costs of the disciplinary proceeding should be imposed.

Disposition

other