Tuesday, June 28, 2022

Progressive Discipline In Wisconsin

The Wisconsin Supreme Court accepted a proposed 60-day suspension for stipulated misconduct in five client matters

We have some concerns that a 60-day license suspension is inadequate for the misconduct Attorney Saltzwadel committed in this manner, which involves five clients and 11 counts of misconduct, including a violation of SCR 20:8.4(c) for making misrepresentations to another attorney representing their mutual client. However, we acknowledge that the OLR has advised us that Attorney Saltzwadel has fully admitted responsibility for her misconduct, and convincingly espoused her understanding of the need to avoid repeating it. The OLR asserts that a suspension of more than 60 days is not merited here. Therefore, although the cases cited by the OLR are not precisely on point because of factual differences and generally less serious misconduct, we are persuaded that a 60-day suspension of Attorney Saltzwadel's license to practice law in Wisconsin is an appropriate level of discipline for this case.

The attorney had been reprimanded in 2020; the court noted that it imposes progressive discipline in repeat bar discipline matters. (Mike Frisch)


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