Office of Lawyer Regulation v. Siderits
2013 WI 2
| Wis. | 2013Background
- OLR filed a five-count complaint against Siderits for misbilling and related conduct in 2011; referee held evidence supports all five counts; court independently reviews and imposes discipline.
- Siderits admitted acting as an officer/shareholder and involved in year-end bonus determinations and billing entries.
- Siderits used and then wrote down hours in 2007–2008 to obtain bonuses he wasn’t entitled to, total roughly $47,000.
- Write-downs were executed directly by Siderits without notifying assistants/bookkeeper; timing and magnitude suggest manipulation.
- Firm terminated Siderits in 2009; he repaid $60,000 and forfeited profit-sharing.
- Court ultimately imposes a 12-month license suspension and orders costs be paid; discusses due process and policy considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Siderits violated SCR 20:8.4(c) | Siderits engaged in dishonesty via time write-downs | Siderits claims occasional write-downs are permitted | Yes, violations established |
| Whether Siderits violated SCR 20:8.4(f) | Fiduciary duty to firm breached by misreporting time | No policy policy required to prove misconduct | Yes, fiduciary/duties violated |
| Was due process violated by lack of formal policy on write-downs | No formal policy needed; conduct itself misconduct | Ignorance of Shea/Casey should excuse | No, due process not violated |
| What is the appropriate sanction | 18-month suspension justified | Public reprimand or 2–6 month suspension sufficient | 12-month suspension warranted, given circumstances |
| Should costs be imposed in full | Costs should be imposed per SCR 22.24(lm) | Costs disputed or reduced | Yes, full costs of $18,916.68 imposed |
Key Cases Cited
- In re Disciplinary Proceedings Against Shea, 190 Wis. 2d 560, 527 N.W.2d 314 (Wis. 1995) (fiduciary duty and misconduct in firm context; six-month suspension context cited)
- In re Disciplinary Proceedings Against Casey, 174 Wis. 2d 341, 496 N.W.2d 94 (Wis. 1993) (misappropriation of firm funds analyzed; broad doctrine referenced)
- In re Disciplinary Proceedings Against Russell, 216 Wis. 2d 488, 574 N.W.2d 247 (Wis. 1998) (misappropriation of law-firm funds treated like client funds misappropriation)
- In re Disciplinary Proceedings Against Olson, 216 Wis. 2d 483, 574 N.W.2d 245 (Wis. 1998) (firm funds misappropriation treated as client funds misappropriation)
- In re Disciplinary Proceedings Against Arthur, 2005 WI 40, 279 Wis. 2d 583, 694 N.W.2d 910 (Wis. 2005) (discipline framework and aggravating/mitigating factors for misconduct)
- In re Disciplinary Proceedings Against Peterson, 2006 WI 41, 290 Wis. 2d 74, 713 N.W.2d 101 (Wis. 2006) (sanctions in misappropriation cases; broader context for suspension length)
- In re Disciplinary Proceedings Against Schaller, 2006 WI 40, 290 Wis. 2d 65, 713 N.W.2d 105 (Wis. 2006) (sanction guidance for attorney misconduct including misappropriation)