Office of Lawyer Regulation v. Boyle
813 N.W.2d 215
Wis.2012Background
- Boyle appeal of referee's recommendation for discipline (60-day suspension, costs, and $5,000 restitution to Fund).
- Referee found 11 counts of misconduct across three clients and cooperation with OLR investigations.
- Wisconsin Supreme Court adopted the referee's findings and imposed the 60-day suspension, costs, and Fund restitution.
- Boyle has prior disciplinary history (2008 private reprimand) and practices in Milwaukee since 1995.
- Counts include lack of diligence, poor communication, improper handling of fees, failure to protect client interests, and dishonesty during OLR investigations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is a 60-day suspension appropriate? | Boyle argues for reprimand or license restriction. | OLR supports 60-day suspension as appropriate. | Yes, 60-day suspension warranted. |
| Is restitution to the Fund appropriate? | Boyle challenges restitution to the Fund. | OLR supports restitution of $5,000 plus interest. | Yes, restitution of $5,000 plus interest required. |
| Should the full costs be imposed? | Boyle does not dispute costs. | OLR seeks full costs based on misconduct. | Yes, full costs imposed. |
Key Cases Cited
- In re Disciplinary Proceedings Against Eisenberg, 269 Wis. 2d 43, 675 N.W.2d 747 (WI 2004) (adopts referee findings; supports discipline framework)
- In re Disciplinary Proceedings Against Widule, 261 Wis. 2d 45, 660 N.W.2d 686 (WI 2003) (discretion on discipline; uses referee reasoning)
- In re Bridget Boyle-Saxton, 668 F.3d 471 (7th Cir. 2012) (Seventh Circuit disbarment for abandonment of client)