Attorney Disciplinary Hearing.

Byline: Derek Hawkins

WI Supreme Court

Case Name: Office of Lawyer Regulation v. Carl Robert Scholz

Case No.: 2020 WI 84

Focus: Attorney Disciplinary Hearing

This disciplinary matter comes to the court on Attorney Scholz's appeal of a report and recommendation filed by Referee Kim M. Peterson. The referee concluded that Attorney Scholz committed ten counts of professional misconduct in connection with his representation of A.B., and recommended a one-year suspension of Attorney Scholz's law license. Attorney Scholz challenges the recommended suspension; he argues that it is excessive in light of the totality of the facts and circumstances surrounding his representation of A.B. and he seeks a more lenient sanction.

When we review a referee's report and recommendation in an attorney disciplinary case we affirm the referee's findings of fact unless they are found to be clearly erroneous, and we review the referee's conclusions of law on a de novo basis. In re Disciplinary Proceedings Against Inglimo, 2007 WI 126, 5, 305 Wis. 2d 71, 740 N.W.2d 125. We determine the appropriate level of discipline given the particular facts of each case, independent of the referee's recommendation, but benefiting from it. In re Disciplinary Proceedings Against Widule, 2003 WI 34, 44, 261 Wis. 2d 45, 660 N.W.2d 686.

After reviewing this matter and considering...