Wisconsin Lawyer: Discipline:

State Bar of Wisconsin

Sign In
    Wisconsin LawyerWisconsin Lawyer

News & Pubs Search

Advanced

    Discipline


    Share This:

    Wisconsin LawyerWisconsin Lawyer
    Vol. 79, No. 10, October 2006

    Lawyer Discipline

    The Office of Lawyer Regulation (formerly known as the Board of Attorneys Professional Responsibility), an agency of the Wisconsin Supreme Court and component of the lawyer regulation system, assists the court in carrying out its constitutional responsibility to supervise the practice of law and protect the public from misconduct by persons practicing law in Wisconsin. The Office of Lawyer Regulation has offices located at Suite 315, 110 E. Main St., Madison, WI 53703.

    Disciplinary proceeding against Steven W. Van Liew

    The Wisconsin Supreme Court suspended the law license of Steven W. Van Liew, Minneapolis, Minn., for 90 days, effective July 25, 2006, as discipline reciprocal to that imposed on Van Liew by the Minnesota Supreme Court on March 31, 2006. Disciplinary Proceedings Against Van Liew, 2006 WI 110.

    The 90-day suspension of Van Liew's Minnesota law license resulted from Van Liew making false statements to a tribunal and his failure to file an opposition to a motion on behalf of a client in violation of Minnesota Rules of Professional Conduct (MRPC) 3.3(a)(1) (a lawyer shall not knowingly make a false statement of fact or law to a tribunal, or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer); MRPC 4.1 (in the course of representing a client, a lawyer shall not knowingly make a false statement of fact or law); and MRPC 8.4(c) and (d) (it is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation, and for a lawyer to engage in conduct that is prejudicial to the administration of justice).

    Top of page

    Hearing to reinstate Nancy A. Schlieve

    On Jan. 16, 2007, at 10 a.m., a public hearing will be held before referee Konrad Tuchscherer at the Eau Claire County Courthouse, Room 2550, 721 Oxford Ave., Eau Claire, on the petition of Nancy A. Schlieve, Eau Claire, to reinstate her law license. Any interested person may appear at the hearing and be heard in support of, or in opposition to, the petition for reinstatement.

    Schlieve's license was indefinitely suspended by the Wisconsin Supreme Court due to a medical incapacity on Oct. 15, 1998. Medical Incapacity Proceedings Against Schlieve, 221 Wis. 2d 610, 585 N.W.2d 585. Schlieve's conduct leading to her medical incapacity suspension occurred when she failed to perform her duties as an attorney in a manner acceptable to professional standards, which resulted in danger to her clients and to the public. The court determined that the seriousness of Schlieve's misconduct established in the proceeding and its relation to her medical incapacity required the indefinite suspension of her law license until she could establish that she no longer had a medical incapacity that interfered with her practice of law and that she did not present a danger to clients, the courts, and the public.

    To be reinstated, Schlieve must substantiate by clear, satisfactory, and convincing evidence that the medical incapacity has been removed and that she is fit to resume the practice of law, with or without conditions.

    Relevant information may be provided to or obtained from Office of Lawyer Regulation (OLR) investigator Melody Rader-Johnson or assistant litigation counsel Julie M. Falk, 110 E. Main St., Suite 315, Madison, WI 53703, (877) 315-6941.

    Top of page

    Hearing to reinstate Carlos A. Gamiño

    On Nov. 17, 2006, at 9:30 a.m., a public hearing will be held before referee Currie First at the offices of Hodan, Doster & Ganzer S.C., 7161 N. Port Washington Rd., Milwaukee, on the petition of Carlos A. Gamiño, Waukesha, to reinstate his law license. Any interested person may appear at the hearing and be heard in support of, or in opposition to, the petition for reinstatement.

    On Dec. 20, 2005, the Wisconsin Supreme Court suspended Gamiño's law license Wisconsin for six months, effective Jan. 24, 2006. Disciplinary Proceedings Against Gamiño, 2005 WI 168. A woman hired Gamiño to represent her minor son in a juvenile proceeding. Gamiño and the woman shortly thereafter engaged in sexual relations. Gamiño's representation of the woman's son was potentially limited by his personal interests. At a circuit court hearing, Gamiño testified falsely regarding his sexual relationship with the woman. Further, Gamiño made misrepresentations on the same subject to the OLR. In a separate matter, Gamiño engaged in prohibited sexual relations with another client.

    Following the six-month suspension case, the court in April 2006 publicly reprimanded Gamiño for misconduct consisting of failure to act with reasonable diligence, failure to immediately refund unearned fees, contacting a client after receiving notice successor counsel had been retained, and committing a trust account violation. Disciplinary Proceedings Against Gamiño, 2006 WI 32.

    To be reinstated, Gamiño must substantiate by clear, satisfactory, and convincing evidence that, among other things, he has the moral character to practice law in Wisconsin and all of the representations he made in his reinstatement petition are substantiated.

    Relevant information may be provided to or obtained from OLR retained counsel Robert Krohn, 24 N. Henry St., Edgerton, WI 53534, (608) 884-3391.

    Top of page

    Disciplinary proceeding against Terry L. Nussberger

    The Wisconsin Supreme Court suspended the law license of Terry L. Nussberger, Ladysmith, for 60 days, effective Sept. 11, 2006, and ordered him to pay the full cost of the disciplinary proceeding. Disciplinary Proceedings Against Nussberger, 2006 WI 111. The suspension resulted from Nussberger's violation of SCR 20:1.2(d) for counseling a client to engage in criminal or fraudulent conduct.

    Nussberger represented the estate of a woman who had received governmental assistance during her lifetime. The estate's only asset was the woman's home, and the estate was obligated to pay the sale proceeds to the government. Nussberger suggested to the decedent's daughter that she could receive some funds from the estate if Nussberger padded his legal bill and they split the extra fees. The daughter was troubled by this suggestion and contacted the police, who arranged for her to wear an electronic recording device. At their next recorded meeting Nussberger repeated the suggestion. The proposal did not go forward.

    In imposing the suspension, the court noted that Nussberger had previously received a public reprimand for making misrepresentations and had been in the process of finalizing that reprimand when he engaged in the instant misconduct.

    Top of page

    Wisconsin Lawyer




To view or add comment, Login