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Referee sides with OLR in dispute over discipline for Portage attorney

By: Erika Strebel, [email protected]//June 6, 2017//

Referee sides with OLR in dispute over discipline for Portage attorney

By: Erika Strebel, [email protected]//June 6, 2017//

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A referee is recommending that a 60-day license suspension for a Portage attorney who was charged with misconduct after he was alleged to have pointed a gun at a man and punched him.

The Office of Lawyer Regulation charged Steven Sarbacker last year with five counts of misconduct, including failing to turn over money owed to a client from the garnishment of a third party’s wages, punching and pointing a shotgun at a man – an allegation that led to three criminal misdemeanor charges – and failing to draw up a required fee agreement and have a client sign it.

In a stipulation that Sarbacker reached with the OLR and that was filed on March 29, he agreed to the misconduct charges but not the OLR’s suggestion that his law license be suspended for 60 days. Rather, Sarbacker contended his behavior warranted a public reprimand.

The parties filed briefs in the dispute. The referee in the case, James Boll, disagreed with Sarbacker in a report filed on May 25, finding that the 60-day license suspension was appropriate.

Boll noted in his report that Sarbacker had cited no admissible evidence or legal authority upon which to base his request for a public reprimand. Boll also concluded that Sarbacker’s brief “demonstrates a greater concern for his reputation and business than his conduct.” Boll wrote that a lengthy suspension would show Sarbacker that his conduct was not to be taken lightly.

Sarbacker has until June 14 to appeal Boll’s recommendation, according to court records. The matter will be reviewed by the Wisconsin Supreme Court, which will have the task of issuing a final disciplinary order.

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