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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, and
Suite 300, 342 N. Water St., Milwaukee, WI 53202. Toll-free telephone: (877)
315-6941.
Hearing
to Reinstate Jill S. Gilbert
A hearing on the petition of Jill S. Gilbert, River Hills, to reinstate
her Wisconsin law license will be held on Dec. 20, 2001, at 9:30 a.m.
before referee Michael Ash in the large conference room in the 13th floor
offices of Godfrey & Kahn S.C., 780 N. Water St., Milwaukee. Any interested
person may appear at the hearing and be heard in support of, or in opposition
to, the petition for reinstatement.
The Wisconsin Supreme Court suspended Gilbert's license for two years,
effective Aug. 16, 1999, based upon Gilbert's commission of multiple acts
of professional misconduct relating to her representation of a disabled,
elderly client, and upon Gilbert's dishonesty during the course of the
ensuing BAPR investigation.
In sum, Gilbert's misconduct consisted of: 1) submitting bills to the
client that were fraudulent and contained misrepresentations as to services
she claimed to have rendered while her client was hospitalized and in
respect to meetings with her client that did not occur; 2) misrepresenting
the facts concerning her use of her client's funds to purchase a television
for herself; 3) engaging in dishonesty, fraud, deceit, or misrepresentation
by offering to BAPR during the course of its investigation, a videotape
of what purported to be the client's execution of an agreement, when the
client had already signed the agreement - a fact Gilbert attempted to
conceal during the taping; 4) charging the client and paying herself excessive
and unreasonable fees from the client's funds by paying herself more than
$100,000 for services she claimed to have provided, when a reasonable
fee was $27,200; 5) failing to act with reasonable diligence and promptness
in handling the client's checking account, by allowing the account to
become overdrawn and by failing to deposit a Medicare reimbursement check
to his account; 6) failing to keep the client reasonably informed of the
status of his financial affairs and explain her agreement with him to
the extent reasonably necessary for him to make informed decisions concerning
her representation; 7) depositing funds she claimed as fees into her client
trust account; and 8) subsequently withdrawing a portion of those funds,
knowing there was a dispute about her entitlement to them.
A far more detailed rendition of the relevant facts, findings, and conclusions
concerning Gilbert's misconduct can be found in the published disciplinary
opinion issued by the court: Disciplinary Proceedings Against Gilbert,
227 Wis. 2d 444, 595 N.W.2d 715 (1999).
In addition to the two-year license suspension, the court ordered Gilbert
to make restitution to the client in the amount of $84,800, plus interest,
for the excessive and unreasonable fees she charged and collected, and
to pay the costs of the disciplinary proceeding.
As to reinstatement, SCR 22.29 requires Gilbert to establish that:
1) she desires to have her license reinstated;
2) she has not practiced law during the suspension;
3) she has complied fully with the terms of the suspension and will
continue to comply with them until her license is reinstated;
4) she has maintained competence and learning in the law by attending
identified educational activities;
5) her conduct since the suspension has been exemplary and above reproach;
6) she has a proper understanding of and attitude toward the standards
that are imposed upon members of the bar and will act in conformity
with the standards;
7) she can safely be recommended to the legal profession, the courts,
and the public as a person fit to be consulted by others and to represent
them and otherwise act in matters of trust and confidence, and in general
to aid in the administration of justice as a member of the bar and as
an officer of the courts;
8) she has fully complied with the requirements set forth in SCR 22.26;
9) she has indicated the proposed use of her license, if reinstated;
10) she has fully described all of her business activities during the
suspension; and
11) she has made restitution to or settled all claims of persons injured
or harmed by her misconduct or, if not, has explained her failure or
inability to do so.
Pursuant to SCR 22.31(1), Gilbert must demonstrate by clear and convincing
evidence that she has the moral character to practice law in Wisconsin,
that her resumption of the practice of law will not be detrimental to
the administration of justice or subversive of the public interest, and
that she has fully complied with the terms of the orders of suspension
and revocation, and with the requirements of SCR 22.26.
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