Office of Lawyer Regulation v. Thor Templin
2016 WI 83
| Wis. | 2016Background
- Thor Templin, admitted 2008, faced an OLR complaint alleging six counts of professional misconduct across three client matters and failure to cooperate with investigation; he previously received a private reprimand and a six-month suspension earlier in 2016.
- E.S. matter: Templin filed duplicate fraud suits (2009/2011 and 2013) but failed to effect service in both, leading to dismissals; he also failed to respond to OLR investigation notices until court-ordered.
- J.A.M. matter: after withdrawal, Templin refused repeated requests from the client’s designated agent (L.B.) to provide the client file; OLR later supplied the file to L.B.
- P.D.P. matter: Templin agreed to attempt reopening a default judgment but delayed and failed to timely file, ignored client communications, and the motion to reopen was denied as untimely.
- Procedural posture: OLR served the complaint and order to answer; Templin did not answer, the referee recommended default and a 60-day suspension plus costs; the court reviewed under SCR 22.17(2), adopted the referee’s recommendation, declared Templin in default, imposed a 60-day suspension consecutive to his existing six-month suspension, and assessed full costs ($1,041.40).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Templin should be declared in default for failing to answer the OLR complaint | OLR: served complaint & order to answer; no response → default appropriate | Templin: no answer or appearance; offered resignation later but did not contest default | Court: Declared Templin in default; complaint allegations deemed admitted |
| Whether the alleged conduct violated rules (competence, diligence, communication, file turnover, cooperation) | OLR: failures (service, diligence, communication, providing file, cooperating) violate SCR 20:1.1, 1.3, 1.4, 1.16(d), 22.03(2)/(6)/20:8.4(h) | Templin: did not contest merits (no answer); later proffered resignation but not under SCR 22.19 terms | Court: Complaint allegations support six misconduct counts; legal conclusions of misconduct sustained |
| Appropriate discipline (suspension length; consecutive vs concurrent) | OLR: 60-day suspension sought | Templin: asked to resign instead; argued suspension pointless because not practicing and might not return until 2018 | Court: Imposed 60-day suspension, consecutive to prior six-month suspension; consecutive because combined misconduct would warrant more than prior six months |
| Assessment of costs and requests for reduction | OLR: requested full costs | Templin: argued costs should be waived or reduced because counts could have been consolidated with prior case and he offered resignation; objected to bearing costs | Court: Assessed full costs ($1,041.40); rejected consolidation/resignation arguments and general objection |
Key Cases Cited
- In re Disciplinary Proceedings Against Templin, 367 Wis. 2d 351, 877 N.W.2d 107 (Wis. 2016) (prior six-month suspension in related disciplinary proceeding)
- In re Disciplinary Proceedings Against Lister, 329 Wis. 2d 289, 787 N.W.2d 820 (Wis. 2010) (60-day suspension imposed for repeated diligence and communication failures and lack of cooperation)
- In re Disciplinary Proceedings Against Anderson, 324 Wis. 2d 627, 782 N.W.2d 100 (Wis. 2010) (60-day suspension for lack of diligence and communication failures)
- In re Disciplinary Proceedings Against Theobald, 329 Wis. 2d 1, 786 N.W.2d 834 (Wis. 2010) (60-day suspension for lack of diligence and failure to keep client informed)
- In re Disciplinary Proceedings Against Voss, 365 Wis. 2d 442, 871 N.W.2d 859 (Wis. 2015) (consecutive suspensions appropriate where combined misconduct would warrant greater discipline)
- In re Disciplinary Proceedings Against Coplien, 329 Wis. 2d 311, 788 N.W.2d 376 (Wis. 2010) (allegations in complaint may be deemed admitted on default)
- In re Disciplinary Proceedings Against Eisenberg, 269 Wis. 2d 43, 675 N.W.2d 747 (Wis. 2004) (standard of review: referee's factual findings reviewed for clear error)
- In re Disciplinary Proceedings Against Widule, 261 Wis. 2d 45, 660 N.W.2d 686 (Wis. 2003) (court determines discipline independently of referee recommendation)
- In re Disciplinary Proceedings Against Stern, 366 Wis. 2d 431, 874 N.W.2d 93 (Wis. 2016) (general practice to assess full costs against disciplined lawyer)