Q. How can a citizen find out about disciplinary complaints and sanctions against lawyers? Are findings of violations "erased" after a lawyer is disciplined? If a lawyer has a complaint filed against him or her, how is it handled, what kind of record is created and how can someone find that information?A. Allegations of wrongdoing filed against attorneys with the state Office of Lawyer Regulation are referred to as grievances, which are confidential, said Keith Sellen, executive director of OLR.
Grievances are expunged after three years if it is determined by the agency that there were no violations of Wisconsin Supreme Court rules, he said. However, if an investigation convinces the OLR that an attorney violated the rules of professional conduct set out by the Supreme Court, Sellen can:
• Reach an agreement with the lawyer for private or public reprimand.
• Divert the attorney to a "discipline alternative," such as drug or alcohol treatment, a remedy used in less-serious cases where discipline beyond a private reprimand is unlikely.
• Or he can file a complaint with the high court laying out the allegations of misconduct and seeking discipline. At that point, the proceedings become public.
If a lawyer disputes the allegations, a referee oversees a process that resembles a civil trial in which each side can present evidence and produce witnesses. After a trial, the referee makes findings about whether violations have occurred and recommends discipline, if any, to the Wisconsin Supreme Court, which makes the final decision.
The court can decide to dismiss a case or to impose discipline ranging from public reprimand, law-license suspension or the rarely taken step of license revocation.
Records of the public disciplines and proceedings are maintained by the clerk of the Supreme Court in Madison. Some information also is available on WSCCA, the Web-based Wisconsin Supreme Court and Court of Appeals Case Access.
"When a lawyer is disciplined, our office is required to keep those records for at least 10 years," Sellen said. "We keep them beyond that, and can provide public discipline histories. In cases where violations result in private reprimand, our office keeps the record but must keep it confidential."
Sellen added that anyone can go to the OLR Web site at www.wicourts.gov/olr, and use the "compendium" link to search the agency's public cases.
Additional information about the grievance process also is available on that Web site.
— Dee J. Hall
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