Please ensure Javascript is enabled for purposes of website accessibility

High court sends Plymouth attorney’s disciplinary case back to referee

By: Erika Strebel, [email protected]//November 21, 2017//

High court sends Plymouth attorney’s disciplinary case back to referee

By: Erika Strebel, [email protected]//November 21, 2017//

Listen to this article

The Wisconsin Supreme Court is sending a Plymouth attorney’s disciplinary case back to a referee.

The Office of Lawyer Regulation last year charged Daniel Rostollan with 21 counts of misconduct involving three clients. The Office of Lawyer Regulation alleged that Rostollan had failed to hold money in his trust account and appeared in bankruptcy court twice even though his license was suspended for failing to cooperate in investigations of grievances against him.

The OLR is seeking a two-year suspension of Rostollan’s license. Rostollan filed an answer to the complaint but failed to respond to the OLR’s discovery request and motion for default judgment. He also failed to respond to a phone call from the referee in the case, Jonathan Goodman.

Nevertheless, Goodman issued a report in July recommending that Rostollan’s license be suspended for two years and that he pay the full cost of the proceeding as well as restitution to one of his clients.

Rostollan did not challenge Goodman’s findings, which the Wisconsin Supreme Court reviewed.

The justices issued an order on Nov. 13 asking Goodman to make more findings and submit them in a report by Dec. 13.

The court is asking Goodman to make a finding concerning whether the court should find Rostollan in default given his failure to respond to OLR’s discovery request and motion for default judgment. The justices have also asked him to make a finding concerning whether Rostollan had been given notice of that motion.

Additionally, the court is asking Goodman for information about whether Rostollan has been previously disciplined, noting that sort of information would provide critical facts that should be included in a referee’s report. The court also noted that Goodman had cited no case law in his explaining his reasoning for recommending a two-year suspension.

The court’s order lets Goodman instruct the OLR and Rostollan to file additional briefs and for Goodman to conduct additional evidentiary hearings.

Polls

Should Wisconsin Supreme Court rules be amended so attorneys can't appeal license revocation after 5 years?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests