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Referee: Plymouth lawyer should be suspended for two years

By: Erika Strebel, [email protected]//August 7, 2017//

Referee: Plymouth lawyer should be suspended for two years

By: Erika Strebel, [email protected]//August 7, 2017//

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A referee is recommending that the Wisconsin Supreme Court suspend a Plymouth attorney’s license for two years.

The recommendation stems from a complaint filed last year charging Daniel Rostollan with 21 counts of misconduct involving three clients. The Office of Lawyer Regulation’s allegations included that Rostollan failed to hold money in his trust account and appeared in bankruptcy court twice despite his license being 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.

Goodman issued a report on July 31 recommending that Rostollan’s license be suspended for two years and that he pay $4,690 in restitution to one of his clients.

Rostollan, in answering the OLR’s complaint, had written that he had been suffering from depression that had prevented him from making proper decisions. However, Goodman noted that Rostollan failed follow the proper procedure and present evidence of the condition and how it affected him at a hearing.

Goodman also noted that because the high court had never disciplined Rostollan before, a two-year suspension is a departure from the OLR’s and court’s policy of progressive discipline.

Goodman will also make recommendations concerning what costs Rostollan will have to pay. Rostollan may choose to appeal Goodman’s recommendations, which the Wisconsin Supreme Court will review before issuing a final decision.

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