Summary
The Wisconsin Supreme Court reviewed disciplinary proceedings against attorney David W. Schiltz after he failed to answer the Office of Lawyer Regulation's amended complaint. The court found default established and concluded that Schiltz committed 25 counts of professional misconduct, including practicing law while suspended, failing to notify clients and courts of his suspension, mishandling client matters and funds, and failing to cooperate with the investigation. The court imposed a nine-month license suspension, restitution, continuing legal education requirements, and the full costs of the proceeding.
Holdings
- Schiltz should be declared in default because he failed to answer the complaint and amended complaint or otherwise appear and present a defense after proper service and notice.
- The admitted allegations adequately established all 25 counts of professional misconduct alleged by the OLR.
- A nine-month suspension of Schiltz's Wisconsin law license was appropriate, rather than the referee's recommended 18-month suspension or the OLR's requested six-month suspension.
- Schiltz was required to pay $3,305 in restitution, pay the proceeding's full costs, complete 25 hours of CLE courses including ethics and trust-account matters as a condition of reinstatement, and comply with SCR 22.26.
Questions Presented
- Whether Schiltz should be declared in default based on his failure to answer the disciplinary complaint and amended complaint.
- Whether the allegations deemed admitted adequately establish all 25 counts of professional misconduct.
- What discipline is appropriate for Schiltz's misconduct.
- Whether restitution, continuing legal education, costs, and other reinstatement conditions should be imposed.
Disposition
other
Cases Cited (10)
- In re Disciplinary Proceedings Against Scanlan, 2006 WI 38, 290 Wis. 2d 30, 712 N.W.2d 877(distinguished)
- In re Disciplinary Proceedings Against Baratki, 2017 WI 89, 378 Wis. 2d 1, 902 N.W.2d 250(distinguished)
- In re Disciplinary Proceedings Against Eisenberg, 2004 WI 14, 269 Wis. 2d 43, 675 N.W.2d 747(followed)
- In re Disciplinary Proceedings Against Widule, 2003 WI 34, 261 Wis. 2d 45, 660 N.W.2d 686(followed)
- In re Disciplinary Proceedings Against Coplien, 2010 WI 109, 329 Wis. 2d 311, 788 N.W.2d 376(followed)
- In re Disciplinary Proceedings Against Reitz, 2005 WI 39, 279 Wis. 2d 550, 694 N.W.2d 894(followed)
- In re Disciplinary Proceedings Against Carroll, 2001 WI 130, 248 Wis. 2d 662, 636 N.W.2d 718(followed)
- In re Disciplinary Proceedings Against Grogan, 2011 WI 7, 331 Wis. 2d 341, 795 N.W.2d 745(followed)
- In re Disciplinary Proceedings Against Vance, 2016 WI 89, 372 Wis. 2d 39, 886 N.W.2d 583(followed)
- In re Disciplinary Proceedings Against Marx, 2016 WI 75, 371 Wis. 2d 591, 882 N.W.2d 863(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…