Lawyer Discipline
The
Office of Lawyer
Regulation (formerly known as the Board of Attorneys Professional
Responsibility), an agency of the Wisconsin Supreme Court and component
of the lawyer regulation system, assists the court in carrying out its
constitutional responsibility to supervise the practice of law and
protect the public from misconduct by persons practicing law in
Wisconsin. The Office of Lawyer Regulation has offices located at Suite
315, 110 E. Main St., Madison, WI 53703, and Suite 300, 342 N. Water
St., Milwaukee, WI 53202. Toll-free telephone: (877) 315-6941.
Hearing to Reinstate
Jill S. Gilbert
A hearing on the petition of Jill S. Gilbert, River Hills, to
reinstate her Wisconsin law license will be held on Dec. 20, 2001, at
9:30 a.m. before referee Michael Ash in the large conference room in the
13th floor offices of Godfrey & Kahn S.C., 780 N. Water St.,
Milwaukee. Any interested person may appear at the hearing and be heard
in support of, or in opposition to, the petition for reinstatement.
The Wisconsin Supreme Court suspended Gilbert's license for two
years, effective Aug. 16, 1999, based upon Gilbert's commission of
multiple acts of professional misconduct relating to her representation
of a disabled, elderly client, and upon Gilbert's dishonesty during the
course of the ensuing BAPR investigation.
In sum, Gilbert's misconduct consisted of: 1) submitting bills to the
client that were fraudulent and contained misrepresentations as to
services she claimed to have rendered while her client was hospitalized
and in respect to meetings with her client that did not occur; 2)
misrepresenting the facts concerning her use of her client's funds to
purchase a television for herself; 3) engaging in dishonesty, fraud,
deceit, or misrepresentation by offering to BAPR during the course of
its investigation, a videotape of what purported to be the client's
execution of an agreement, when the client had already signed the
agreement - a fact Gilbert attempted to conceal during the taping; 4)
charging the client and paying herself excessive and unreasonable fees
from the client's funds by paying herself more than $100,000 for
services she claimed to have provided, when a reasonable fee was
$27,200; 5) failing to act with reasonable diligence and promptness in
handling the client's checking account, by allowing the account to
become overdrawn and by failing to deposit a Medicare reimbursement
check to his account; 6) failing to keep the client reasonably informed
of the status of his financial affairs and explain her agreement with
him to the extent reasonably necessary for him to make informed
decisions concerning her representation; 7) depositing funds she claimed
as fees into her client trust account; and 8) subsequently withdrawing a
portion of those funds, knowing there was a dispute about her
entitlement to them.
A far more detailed rendition of the relevant facts, findings, and
conclusions concerning Gilbert's misconduct can be found in the
published disciplinary opinion issued by the court: Disciplinary
Proceedings Against Gilbert, 227 Wis. 2d 444, 595 N.W.2d 715
(1999).
In addition to the two-year license suspension, the court ordered
Gilbert to make restitution to the client in the amount of $84,800, plus
interest, for the excessive and unreasonable fees she charged and
collected, and to pay the costs of the disciplinary proceeding.
As to reinstatement, SCR 22.29 requires Gilbert to establish
that:
1) she desires to have her license reinstated;
2) she has not practiced law during the suspension;
3) she has complied fully with the terms of the suspension and will
continue to comply with them until her license is reinstated;
4) she has maintained competence and learning in the law by attending
identified educational activities;
5) her conduct since the suspension has been exemplary and above
reproach;
6) she has a proper understanding of and attitude toward the standards
that are imposed upon members of the bar and will act in conformity with
the standards;
7) she can safely be recommended to the legal profession, the courts,
and the public as a person fit to be consulted by others and to
represent them and otherwise act in matters of trust and confidence, and
in general to aid in the administration of justice as a member of the
bar and as an officer of the courts;
8) she has fully complied with the requirements set forth in SCR
22.26;
9) she has indicated the proposed use of her license, if reinstated;
10) she has fully described all of her business activities during the
suspension; and
11) she has made restitution to or settled all claims of persons injured
or harmed by her misconduct or, if not, has explained her failure or
inability to do so.
Pursuant to SCR 22.31(1), Gilbert must demonstrate by clear and
convincing evidence that she has the moral character to practice law in
Wisconsin, that her resumption of the practice of law will not be
detrimental to the administration of justice or subversive of the public
interest, and that she has fully complied with the terms of the orders
of suspension and revocation, and with the requirements of SCR
22.26.
Wisconsin Lawyer
