Please ensure Javascript is enabled for purposes of website accessibility

Milwaukee lawyer faces public reprimand

By: Erika Strebel, [email protected]//July 12, 2017//

Milwaukee lawyer faces public reprimand

By: Erika Strebel, [email protected]//July 12, 2017//

Listen to this article

A Milwaukee lawyer faces a public reprimand over three charges of misconduct involving improper billing.

According to a complaint filed on June 30 by the Office of Lawyer Regulation, the misconduct stems from Thomas Napierala’s dealings with Thomas Agnello, who had cognitive and comprehension difficulties.

Agnello hired Napierala and another attorney from a separate firm, Thomas Vaitys, in 2012 to challenge a settlement in a estate matter in Milwaukee County. Agnello also hired Napierala for legal advice in other matters such as a dispute with the city of Milwaukee over the condition of his property, according to the OLR.

The OLR alleges that Napierala billed Agnello for money that Napierala was not owed. By December 2014, Agnello had overpaid Napierala by anywhere between $9,794.16  and $14,652.66, according to the complaint.

The OLR also alleges that Napierala billed Agnello at Napierala’s hourly rate for services not reasonably billable to Napierala. According to the complaint, Napierala billed Agnello for discussions with Vaitys about Agnello’s financial condition and a potential guardianship, which was not part of the scope of Napierala’s representation of Agnello.

Napierala also failed to explain to Agnello that Napierala intended to bill him for his staff’s nonlawyer services and determine what that hourly rate would be, according to the OLR. Napierala billed Agnello $100 per hour for services done by a paralegal. But the fee agreement the two had signed had not disclosed that Napierala would be charging for work done by his staff. Nor did the billing statements clearly indicate whether work was done by a paralegal or by Napierala, according to the complaint

The OLR is asking the Wisconsin Supreme Court to publicly reprimand Napierala and order him to pay more than $15,000 in restitution to Agnello.

Napierala, reached Tuesday, said he had not yet received the complaint and declined to comment.

Napierala, who graduated from the University of Wisconsin Law School in 1990, has no disciplinary history. His license is active and in good standing. He has 21 days to respond to the complaint once it is served on him.

The other lawyer that Agnello hired, Vaitys, faces a three-year license suspension for 19 charges of misconduct. The bulk of the charges against him arise from his dealings with Agnello.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests