Office of Lawyer Regulation v. Christopher E. Meisel

374 Wis. 2d 655 (2017) · Supreme Court of Wisconsin · April 26, 2017 · No. 2015AP463-D

Summary

The Wisconsin Supreme Court reviewed disciplinary proceedings against attorney Christopher E. Meisel, who stipulated to 15 counts of misconduct involving the conversion and concealment of funds from estates, guardianships, and a trust account. The court upheld the referee’s findings but reduced the recommended suspension from two years to 18 months, ordered Meisel to pay the proceeding’s costs, and deferred proposed conditions to a future reinstatement proceeding.

Holdings

  1. The referee's findings of fact were not clearly erroneous, and the court adopted them; the court also upheld the referee's conclusions that Meisel violated all of the cited supreme court rules.
  2. Although Meisel failed to prove that his medical condition caused his misconduct, his serious medical condition and related personal and financial circumstances could be considered mitigating factors.
  3. An 18-month suspension of Meisel's Wisconsin law license was the appropriate sanction, rather than the referee's recommended two-year suspension or Meisel's requested five-month suspension.
  4. Conditions of reinstatement should not be developed in the disciplinary proceeding; they are better addressed in a future formal reinstatement proceeding.

Questions Presented

  1. Whether the referee's findings of fact and conclusions that Meisel violated the cited supreme court rules should be upheld.
  2. Whether Meisel established a causal connection between his medical condition and his professional misconduct sufficient to affect the disciplinary sanction.
  3. Whether the aggravating and mitigating factors supported a suspension shorter than two years.
  4. Whether a two-year suspension was disproportionate to the misconduct.
  5. Whether conditions on reinstatement should be imposed in the disciplinary proceeding or deferred to a future reinstatement proceeding.

Disposition

other

Cases Cited (11)

  • In re Disciplinary Proceedings Against Sosnay, 209 Wis. 2d 241, 243, 562 N.W.2d 137 (1997)(discussed)
  • In re Disciplinary Proceedings Against Jacobson, 2004 WI 152, ¶79, 277 Wis. 2d 120, 690 N.W.2d 264(followed)
  • In re Disciplinary Proceedings Against Karlsson, 2001 WI 126, ¶48, 248 Wis. 2d 681, 635 N.W.2d 771(followed)
  • In re Disciplinary Proceedings Against Edgar, 230 Wis. 2d 205, 601 N.W.2d 284 (1999)(followed)
  • In re Disciplinary Proceedings Against Edgar (Edgar II), 2003 WI 49, 261 Wis. 2d 413, 661 N.W.2d 817(followed)
  • In re Disciplinary Proceedings Against Brown, 2012 WI 51, 340 Wis. 2d 527, 814 N.W.2d 172(followed)
  • In re Disciplinary Proceedings Against Carter, 2014 WI 126, 359 Wis. 2d 70, 856 N.W.2d 595(followed)
  • In re Disciplinary Proceedings Against Eisenberg, 2004 WI 14, ¶5, 269 Wis. 2d 43, 675 N.W.2d 747(followed)
  • In re Disciplinary Proceedings Against Widule, 2003 WI 34, ¶44, 261 Wis. 2d 45, 660 N.W.2d 686(followed)
  • In re Disciplinary Proceedings Against Arthur, 2005 WI 40, ¶78, 279 Wis. 2d 583, 694 N.W.2d 910(followed)

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