Attorney Disciplinary Hearing

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WI Supreme Court

Case Name: Office of Lawyer Regulation v. David W. Schiltz

Case No.: 2018 WI 116

Focus: Attorney Disciplinary Hearing

We review Referee Dennis J. Flynn’s recommendation that the court declare Attorney David W. Schiltz in default and suspend his Wisconsin law license for a period of 18 months for professional misconduct in connection with: (1) his work on certain client matters; (2) his practice of law while his law license was suspended for noncompliance with mandatory continuing legal education (CLE) reporting requirements; and (3) his failure to disclose his unauthorized practice of law in his reinstatement petition to the Board of Bar Examiners (BBE). The referee also recommended that this court order Attorney Schiltz to successfully complete 25 hours of continuing legal education (CLE) courses as deemed appropriate by the Office of Lawyer Regulation (OLR). Finally, the referee recommended that the court order Attorney Schiltz to make restitution to a former client and to pay the full costs of this proceeding.

Because no appeal has been filed, we review the referee’s report pursuant to Supreme Court Rule (SCR) 22.17(2).1 After conducting our independent review of the matter, we agree with the referee that, based on Attorney Schiltz’s failure to answer the complaint filed by the OLR, the OLR is entitled to a default judgment. However, we disagree with the referee that Attorney Schiltz’s professional misconduct warrants an 18-month suspension of his Wisconsin law license. We conclude, instead, that a nine-month suspension is warranted. We order Attorney Schiltz to make restitution and to successfully complete 25 hours of CLE courses as deemed appropriate by the OLR. We also find it appropriate to impose the full costs of this proceeding on Attorney Schiltz, which are $4,705.70 as of August 27, 2018.

License Suspended

Concur:

Dissent:

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.