Office of Lawyer Regulation v. Andrew J. Bryant
847 N.W.2d 833
Wis.2014Background
- Bryant admitted to all 15 counts of misconduct and stipulation was reached with the OLR seeking a four‑month suspension and restitution; the referee proposed conditions including WisLAP monitoring; court ultimately imposed four‑month suspension with restitution but limited monitoring and added mental health evaluation and medical releases as reinstatement conditions.
- Bryant's practice history: admitted Wisconsin attorney since 1992, previously private reprimand in 2012, and two temporary suspensions in 2012 for willful noncooperation with OLR investigations.
- Alleged misconduct spanned three client matters: VF/J.R. divorce with conflicts and fee issues; M.C. personal injury with repeated scheduling and sanction violations; and C.H. divorce involving misrepresentations to NML and delayed QDRO transfers.
- Disposition: four‑month suspension ordered; restitution of $1,500 to VF and J.R.; full costs of the proceeding imposed; reinstatement conditioned on a satisfactory mental health evaluation and three‑year medical releases; no extended WisLAP monitoring required.
- Health issues: letters from health providers during proceedings indicated memory/concentration problems; court noted health considerations but required proof of current capacity for reinstatement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appropriate sanction for 15 counts | OLR urged four‑month suspension | Bryant agreed to four‑month suspension | Four‑month suspension appropriate |
| Restitution and monitoring | Restitution of $1,500 and monitoring recommended | Stipulated restitution; waiver of extended WisLAP monitoring | Restitution required; no extended monitoring; but monitoring via mental health evaluation Conditions of reinstatement include evaluation and medical releases |
| Conditions of reinstatement | Monitoring contemplated to ensure ongoing fitness | Health improvements argued; no ongoing monitoring required | Reinstatement conditioned on satisfactory mental health evaluation and three-year medical releases |
| Costs | OLR seeks full costs | Costs should be borne by Bryant given misconduct | Bryant to pay full costs of proceeding |
Key Cases Cited
- In re Disciplinary Proceedings Against Hammis, 2011 WI 3 (Wis. 2011) (supports sanction framework in attorney discipline case)
- In re Disciplinary Proceedings Against Goldstein, 2004 WI 87 (Wis. 2004) (authority on appropriate discipline levels and restitution considerations)