Office of Lawyer Regulation v. Bridget E. Boyle
840 N.W.2d 694
Wis.2013Background
- Attorney Boyle engaged in disciplinary proceedings for misconduct spanning Counts Four through Thirteen; the referee found nine counts proven and recommended a four‑month suspension, restitution of $2,500 to a client, and full costs.
- She had prior discipline: a 2008 private reprimand and a 2012 60‑day suspension, with subsequent international history of disciplinary actions including disbarment in the Seventh Circuit.
- The Supreme Court reviewed the referee's factual findings de novo with respect to conclusions of law and sanctions, affirming most findings but imposing a longer suspension.
- The Court ordered a six‑month suspension, full costs, and restitution of $2,500 to B.T. (C.P.’s companion who paid the fee), with reinstatement conditions.
- The public policy aim was protection of the public and the bar by ensuring substantial steps toward ethical reform before resuming practice.
- Full costs of the proceeding and restitution to the client were imposed as conditions of discipline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether six‑month suspension is appropriate | OLR/often the four‑month term; Boyle’s excuses inadequate | Boyle argues lesser sanction sufficient given history | Six‑month suspension upheld |
| Restitution to C.P.’s companion for $2,500 fee | Refund required for unearned or misapplied funds | Argues about earned fees; credibility concerns with justification | Restitution of $2,500 ordered to B.T. |
| Disposition of full costs | Costs should be borne by Boyle as misconduct | Discretionary; argued differently | Full costs imposed on Boyle |
Key Cases Cited
- Hankel v. State Bar, 126 Wis.2d 390 (Wis. 1985) (discipline proportional to misconduct; public protection)
- Joset, 309 Wis.2d 5 (Wis. 2008) (six‑month suspension for multiple failures to communicate and duties)
- In re Inglimo, 305 Wis.2d 71 (Wis. 2007) (de novo review of misconduct; standard applicable)
- Glynn, 238 Wis.2d 860 (Wis. 2000) (discipline for diligence, communication, and cooperation failures)
- Widule, 261 Wis.2d 45 (Wis. 2003) (discretionary sanctions authority in disciplinary matters)