Lake Geneva lawyer faces 6-month suspension

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An attorney out of Lake Geneva faces a six-month suspension over 19 alleged counts of misconduct.

According to an Office of Lawyer Regulation complaint filed March 15, David Schiltz of Schiltz Law Office is alleged to have represented various clients while his license was suspended for failing to report completing his continuing-legal-education requirements. He also failed to tell his clients, the courts and opposing counsel that his license was suspended, according to the complaint.

The OLR noted that Schiltz in January was also charged criminally in Walworth County with a misdemeanor count of practicing without a law license. He pleaded guilty on April 12, and Judge Phillip Koss ordered him to pay a $100 fine, according to online court records.

Whereas nine of the 19 charges against Schiltz stem from his practicing while his license was suspended, the other 10 charges arise from his alleged mishandling of estate matters and a dispute over the management of a condominium complex.

In one estate matter, a court was appointed in 2015 to be an estate’s resident agent. Upon the sale of a piece of property in which the decedent had some interest, Schiltz was given the proceeds, which came to $104,766.75. He was supposed to disburse half of the money to the estate but did so only after the estate had sued him and won a judgment against him, according to the complaint.

The OLR also alleges that Schiltz represented 511 Capital Partners, which was a defendant in a Walworth County lawsuit over the management of some condos. 511 Capital Partners paid Schiltz $3,305, which was supposed to be held in trust.

511 Capital Partners hired new counsel after Schiltz failed to respond to its questions and calls about the case and lied to them about reopening the case.

When the company’s new lawyer attempted to request the $3,305 Schiltz was supposed to be holding in trust, Schiltz did not respond or turn over the money, according to the complaint.

The OLR is seeking a six-month suspension of Schiltz’s license and an order calling on Schiltz to pay back the $3,305 to 511 Capital Partners.

Schiltz, who earned his law degree from Marquette University Law School in 1987, could not be reached Friday at the email or telephone address listed on the State Bar of Wisconsin website.

His license has been administratively suspended since May 31, 2016 for failing to report completing continuing-legal-education requirements and since October 2017 for failing to pay mandatory dues and failing to file an OLR certification of his trust account. The Wisconsin Supreme Court in February 2017 also temporarily suspended Schiltz’s license for failing to cooperate with the OLR. Follow @erikastrebel