OLR wants Oshkosh attorney to pay for most of disciplinary proceeding

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The Office of Lawyer Regulation is recommending that an Oshkosh personal-injury attorney pay three-fourths of the agency’s costs in prosecuting him for misconduct.

The OLR filed charges in 2015 against George Curtis, alleging seven counts of misconduct. Some of the allegations stem from his conviction in 2014 for failing to pay taxes for two years and others from his management of his firm’s trust account. According to the OLR, Curtis failed to follow proper trust-accounting procedures and the firm thus could not ascertain who owed $29,000 in its trust account.

The OLR had sought for Curtis’ license to be revoked, which would have banned Curtis from practicing law indefinitely, although he would have been able to apply for reinstatement after five years.

A hearing on the matter was held in 2016 before the court appointed a referee in the case, Rick Esenberg, who filed a report earlier in the month recommending that four of the counts of misconduct against Curtis be dismissed because the OLR had not met its burden of proof. It also recommended that Curtis’ license only be suspended for 120 days.

So far, Curtis hasn’t appealed Esenberg’s recommendation on discipline. The OLR submitted documents on Oct. 16 recommending that Curtis pay three-fourths of the OLR’s costs for the disciplinary proceeding, though it could not provide the full amount because Esenberg had not yet received the bills for time and expenses.

So far, though, according to the OLR’s count, the counsel fees and disbursements have come to $9,881.91, service fees to $20.50 and court-reporter costs to $2,937.90.

The OLR noted that it would have recommended that Curtis pay the full cost of the proceeding had Esenberg agreed with its charges and the discipline it had sought. Curtis may choose to object to the OLR’s recommendation.

The OLR is not seeking restitution, noting that as to the tax-evasion charges, a federal judge has already ordered Curtis to pay $378,333 to the Internal Revenue Service, and that Curtis’ long-standing trust-accounting and record-keeping troubles made it impossible for OLR to decide on appropriate restitution.

Esenberg will also weigh in on what costs he believes are appropriate. The Wisconsin Supreme Court will issue a final decision in the case after reviewing Esenberg’s findings. Follow @erikastrebel