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No reinstatement for ex-Rhinelander attorney

By: Erika Strebel, [email protected]//March 6, 2018//

No reinstatement for ex-Rhinelander attorney

By: Erika Strebel, [email protected]//March 6, 2018//

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The Wisconsin Supreme Court has denied reinstatement to a former Rhinelander attorney whose license the justices suspended for nearly two years.

The justices suspended Richard Voss’ license to practice for 18 months in July 2014 for mishandling thousands of dollars while he was a court-appointed guardian of an estate.

The justices also ordered him to pay more than $2,000 in restitution.

The high court later, in December 2015, extended Voss’ license suspension an additional 60 days for breaking trust-account rules and committing misconduct in bankruptcy cases.

Voss petitioned the court to reinstate his license in March 2016. Now to be reinstated, Voss must show clear, satisfactory and convincing evidence that he has the moral character to practice, that resuming his practice will not be detrimental to justice or the public interest and that he has fully complied with the court’s disciplinary orders.

The Office of Lawyer Regulation opposed Voss’ reinstatement, citing findings of an investigation into Voss’ conduct.

The OLR and Voss presented evidence to the court-appointed referee in the case, John Murphy, in October 2016. Murphy issued a report in November 2016 agreeing with the OLR, noting, among other things, that Voss had not properly notified his clients that he had been suspended from practice and had not notified any courts, opposing counsel or agencies of his suspension.

Murphy also noted that because of Voss’ testimony at the hearing, it appeared that Murphy still had not learned how to properly handle client money by using a trust account.

Voss appealed Murphy’s decision, contending that the failure to properly notify clients and others of his suspension was “an oversight.” Responding to the criticism of his trust-accounting practices, Voss contended that clients had not lost any money and that starting with a properly balanced trust account approved by the State Bar of Wisconsin would mean the deficiencies would not recur.

However, the Wisconsin Supreme Court on Thursday disagreed and sided with the referee and OLR, denying Voss’ petition for reinstatement.

The court argued that Voss’ failure to comply with the court’s notification rule, coupled with his “rather cavalier attitude” toward that rule, had let it to conclude that he had not met his burden of showing that he should be reinstated.

The justices also ordered him to pay the cost of the proceeding, which is $4,034.75.

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