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In re Disciplinary Proceedings Against Ilse

Citations: 104 Wis. 2d 522; 312 N.W.2d 57; 1981 Wisc. LEXIS 3042Docket: No. 81—705-D

Court: Wisconsin Supreme Court; November 9, 1981; Wisconsin; State Supreme Court

Narrative Opinion Summary

The case involves the revocation of an attorney's license due to serious professional misconduct. The attorney, facing allegations from the Board of Attorneys Professional Responsibility, was found to have engaged in unethical practices concerning the handling of client auto accident claims. Specifically, the attorney settled one client's claim without consent, misled the client about the case status, and improperly endorsed and cashed a check meant for the client. Additionally, the attorney forged client signatures to release funds from an insurance carrier. Upon referral to a referee, these allegations were substantiated. The attorney subsequently petitioned for license revocation, admitting an inability to defend against the charges and recognizing potential issues with additional clients. The court, aligning with the referee's findings and recommendations, revoked the attorney's license and imposed a requirement to pay $125 in disciplinary costs within 60 days. This decision underscores the judiciary's commitment to maintaining ethical standards within the legal profession.

Legal Issues Addressed

Attorney Misconduct in Client Representation

Application: Ilse engaged in unprofessional conduct by settling a client's claim without their knowledge, misleading them about the case status, and improperly endorsing and cashing a check.

Reasoning: In the first, Ilse settled a client's claim without their knowledge or consent, endorsed and cashed a $774 draft payable to the client, and misled the client about the status of their case.

Disciplinary Costs Imposed on Attorneys

Application: The court ordered Ilse to pay disciplinary costs following the revocation of his law license.

Reasoning: Following the referee's findings and recommendations, the court ordered the revocation of Ilse's law license and mandated he pay $125 in disciplinary costs within 60 days.

Forgery and Unlawful Financial Conduct by Attorneys

Application: Ilse committed forgery by signing client signatures without authorization to release a draft from an insurance carrier.

Reasoning: In the second instance, he forged client signatures to release a $2,800 draft from an insurance carrier.

Revocation of Attorney License Due to Professional Misconduct

Application: Based on the referee's findings and Ilse's own admission of inability to defend against the allegations, his license was revoked.

Reasoning: On August 21, 1981, Ilse submitted a petition for revocation of his license, admitting he could not defend against the complaints and acknowledging potential issues with three other clients.