By: Derek Hawkins//October 3, 2018//
WI Supreme Court
Case Name: Office of Lawyer Regulation v. Michael P. Erhard
Case No.: 2018 WI 95
Focus: Attorney Disciplinary Proceedings
We review the report of Referee William Eich, in which he found, based on the admissions of Attorney Michael P. Erhard, that Attorney Erhard had committed 11 counts of professional misconduct, and in which he recommended that Attorney Erhard’s license to practice law in this state be suspended for a period of six months. After carefully reviewing the matter, we accept Attorney Erhard’s admission that he committed the first ten counts of misconduct alleged in the complaint filed by the Office of Lawyer Regulation (OLR). We do not decide whether Attorney Erhard’s conduct in obtaining a cashier’s check made payable to a third party constitutes a violation of former Supreme Court Rule (SCR) 20:1.15(e)(4)a, as alleged in Count 11, because that determination would not change the level of discipline we impose. We conclude that a suspension of three months is the appropriate level of discipline to be imposed under the particular facts of this case. As the OLR advises that there are no client funds to restore, we do not impose any restitution award. We do require Attorney Erhard to pay the costs of this disciplinary proceeding, which were $3,190.26 as of April 17, 2018.
Affirmed