Office of Lawyer Regulation v. Voss
795 N.W.2d 415
Wis.2011Background
- Wisconsin attorney Frederick J. Voss was suspended for at least four years, eight months, due to serious misconduct involving a vulnerable client.
- OLR charged multiple counts alleging sexual relations with the client during representation or as SSI payee, plus harassment and disclosure of confidential information.
- Referee Hack conducted extensive discovery and 15 days of hearings; Voss invoked Fifth Amendment in response to many questions.
- Court sealed the record due to the sensitive nature of the misconduct and ordered no contact between Voss and the client, with the file kept confidential.
- Court awarded full costs of the disciplinary proceeding to OLR, totaling $145,216.81, and ordered payment within six months; nonpayment could extend the suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Voss engage in professional misconduct warranting discipline? | OLR: counts proven; egregious, exploitative conduct against a vulnerable client. | Voss: denies sexual relations; asserts ongoing attorney-client discretion. | Yes; suspension of four years eight months affirmed. |
| Should there be a no-contact order and confidentiality for the file? | OLR sought ongoing no-contact and sealed file for protection of client. | Voss objected to no-contact but did not oppose sealing. | No contact ordered; file sealed and confidential. |
| Should Voss be liable for the costs of the disciplinary proceeding? | OLR requested full costs given scope of proceedings. | Voss contested amount; argued ordinary sanctioning. | Yes; costs awarded in full ($145,216.81). |
| Is revocation warranted or only suspension? | OLR argued revocation considered but ultimately suspension suffices. | Voss urged lesser sanction or potential termination of representation. | Court chose suspension (four years eight months) rather than revocation. |
| What guidance or alignment with prior ethics decisions applies? | OLR relied on prior Wisconsin disciplinary standards and analogous cases to justify severity. | Voss emphasized distinction from cases with less egregious facts. | Court affirmed use of substantial suspension, citing Woodmansee as more egregious but not revoking. |
Key Cases Cited
- In re Disciplinary Proceedings Against Eisenberg, 269 Wis. 2d 43 (2004 WI 14) (standard for reviewing referee findings and conclusions of law)
- In re Disciplinary Proceedings Against Widule, 261 Wis. 2d 45 (2003 WI 34) (court may impose discipline divergent from referee)
- In re Disciplinary Proceedings Against Woodmansee, 434 N.W.2d 94 (1989 WI 9) (comparison of sanctions for egregious sexual conduct with a client)
- In re Disciplinary Proceedings Against Arthur, 279 Wis. 2d 583 (2005 WI 40) (considerations in determining attorney sanctions for misconduct)
- State ex rel. OLR v. Goodman, 147 Wis. 2d 837 (1989 WI) (analogy on heightened sanction and record handling)
