¶4 The final hearing in this matter took place on February 18, 2013. At that time, the parties presented the referee with a written stipulation and no contest plea agreement whereby Attorney Biester withdrew her answer to the amended complaint and pled no contest to Counts One and Three through Thirty-One of the OLR's amended complaint. Attorney Biester agreed that the referee could use the allegations of the amended complaint as an adequate factual basis in the record for a determination of misconduct as to those counts. The parties jointly recommended the referee determine that an appropriate sanction would be a one-year suspension of Attorney Biester's license to practice law in Wisconsin. The parties agreed that if the referee's order staying proceedings relating to Count Two of the amended complaint was no longer in effect, the OLR was free to continue the prosecution of Count Two and seek an appropriate sanction and restitution. The parties also agreed that any additional sanction relating to Count Two should run consecutive to any sanctions imposed as a result of the stipulation and should commence on the day following the last day of the sanction imposed in the instant matter.

¶5 The referee concluded that the OLR had met its burden of proof on the 30 counts to which Attorney Biester pled no contest. The referee agreed that a one-year suspension was an appropriate sanction. The referee also recommended that Attorney Biester make restitution in the amount of $900 to one client, that she be ordered to successfully complete 20 hours of CLE ethics courses, and that she pay the full costs of this proceeding. Rather than detail the extensive allegations and findings in this matter, we will instead briefly summarize the six client matters that gave rise to Attorney Biester's misconduct.

Matter of L.T. (Counts One and Three through Seven)

¶7 Attorney Biester was experiencing financial problems. She filed a chapter 7 bankruptcy proceeding and her home was the subject of a foreclosure action. L.T. inherited a large sum of money. Attorney Biester advised L.T. she should protect those funds from her husband. In February 2009 J.M. convinced L.T. to transfer $78,000 of her inherited funds into Attorney Biester's client trust account for safekeeping. Attorney Biester wire- transferred over $70,000 from her client trust account to the bank that held the first mortgage on Attorney Biester's home. Attorney Biester never notified L.T. of the receipt of L.T.'s funds, nor did she deliver any of those funds to L.T. or provide L.T. with a full accounting. The OLR's investigative audit of Attorney Biester's trust account showed numerous trust account violations.

Matter of L.R. (Counts Eight through Eleven)

¶8 In July of 2009, L.R. hired Attorney Biester to represent her in a divorce case. During the pendency of the matter $3,886 was forwarded to Attorney Biester, which represented L.R.'s half of a tax refund. Although L.R. repeatedly contacted Attorney Biester in the fall of 2009 about the status of the case, Attorney Biester never responded. L.R. then decided to represent herself and asked Attorney Biester to return the case file and the $3,886. In October 2009 Attorney Biester informed L.R. that police had seized L.R.'s divorce file since it was part of an investigation by the OLR into the actions of an employee at Attorney Biester's law firm.

Matter of J.F. (Counts Twelve through Sixteen)

¶9 J.F. retained Attorney Biester to represent her in a bankruptcy matter in July 2010. J.F. paid a $750 retainer. There was no written retainer agreement and no receipt was given to J.F. Attorney Biester requested additional money to handle the matter, and J.F. paid another $150. Attorney Biester never deposited the funds into any client account, and no funds were set aside to pay the bankruptcy filing fee. Attorney Biester filed a chapter 7 voluntary bankruptcy petition on behalf of J.F. in December 2010 and filed a request for a waiver of the filing fee. The waiver of filing fees was denied but options were given for installment payments. Attorney Biester never informed J.F. about the bankruptcy court's fee waiver decision. The filing fee was never paid, and in April 2011 the bankruptcy court entered an order dismissing the petition for failure to pay the filing fee. Attorney Biester never informed J.F. about the dismissal.

Matter of J.H. and D.H. (Counts Seventeen through Twenty-Four)

¶10 In April 2007 J.H. and D.H. retained Attorney Biester to represent them in a potential medical malpractice claim. A contingent retainer agreement was signed calling for Attorney Biester to receive one- third of any amount recovered. In addition, J.H. and D.H. paid $1,500 for anticipated costs. The $1,500 check was deposited into Attorney Biester's client trust account.

¶11 J.H. and D.H. made multiple trips to Attorney Biester's office to discuss the case, but Attorney Biester was never there. Attorney Biester failed to file any malpractice lawsuit or otherwise advance the claim before the expiration of the statute of limitations.

¶12 J.M. was authorized as Attorney Biester's nonlawyer assistant to perform client services to J.H. and D.H. Attorney Biester failed to make reasonable efforts to ensure that J.M. was compatible with Attorney Biester's professional obligations. J.M. took client files and paperwork to her home or other locations and failed to return them to Attorney Biester's law office. J.H. and D.H. eventually terminated their representation by Attorney Biester and requested the return of their case file materials. Attorney Biester failed to comply.

Matter of J.M. (Counts Twenty-Five through Thirty)

¶13 J.M., Attorney Biester's nonlawyer assistant, hired Attorney Biester in early July 2007 relating to a financial matter regarding a loan on a pickup truck with J.S. J.M. and J.S. signed an agreement whereby J.S. would pay J.M. $7,900 for a pickup truck, and J.M. agreed to accept the $7,900 as full and final payment for the truck. J.M. also agreed to release the title to the truck. J.S.'s sister loaned him the $7,900. That sum was wire-deposited to Attorney Biester's client trust account. Attorney Biester did not notify J.M. of her receipt of the money. The OLR's audit of Attorney Biester's client trust account revealed that Attorney Biester used the funds belonging to J.M. by making disbursements to herself for $5,400 and paying $400 in office rent. During the course of the representation, J.M. was associated with the Biester Law Office and engaged in conduct that was incompatible with the professional obligations of Attorney Biester, including having Attorney Biester's business and client trust account checkbooks at her home. The checkbooks were seized by police in the execution of a search warrant of J.M.'s home.

Matter of M.W. (Count Thirty-One)

¶20 This court will affirm a referee's findings of fact unless they are clearly erroneous. Conclusions of law are reviewed de novo. In re Disciplinary Proceedings Against Tully, 2005 WI 100, ¶25, 283 Wis. 2d 124, 699 N.W.2d 882. This court is free to impose whatever discipline it deems appropriate, regardless of the referee's recommendation. In re Disciplinary Proceedings Against Widule, 2003 WI 34, ¶44, 261 Wis. 2d 45, 660 N.W.2d 686.

¶21 We adopt the referee's findings of fact because they have not been shown to be clearly erroneous, and we also agree with the referee's conclusions of law. As to the appropriate level of discipline, although at first blush a one-year suspension may seem to be on the light side for an attorney who has stipulated to 30 counts of professional misconduct, after careful consideration of all of the circumstances of this case, we conclude that a one-year suspension of Attorney Biester's license to practice law is an appropriate sanction.

¶22 In In re Disciplinary Proceedings Against Raneda, 2012 WI 42, 340 Wis. 2d 273, 811 N.W.2d 412, an attorney who was found to have engaged in 14 counts of professional misconduct received a one-year suspension. The misconduct included failing to hold disputed funds in trust, distributing trust funds to himself without promptly providing a full written accounting to the person who had ownership of the property, failing to keep his clients reasonably informed about the status of their matters, and failing to cooperate with the OLR. The attorney had been practicing law for nine years and had no prior disciplinary history.

¶23 In In re Disciplinary Proceedings Against Mandelman, 2009 WI 40, 317 Wis. 2d 215, 765 N.W.2d 788, an attorney who stipulated to having engaged in six counts of professional misconduct also received a one-year suspension. The misconduct included collecting a fee without performing any work, failing to promptly disburse client funds and provide a full accounting upon request, and failing to act with reasonable diligence and promptness in representing a client. The attorney had been practicing law for 29 years and had been disciplined for professional misconduct on four prior occasions, including three prior suspensions. The attorney's first contact with Wisconsin's lawyer disciplinary system, which occurred in 1990 when he had been practicing law for 10 years, resulted in his receiving a one-year suspension for 27 separate rule violations.

¶26 Turning to the issue of restitution, the parties stated in their stipulation, and the referee agreed, that restitution in the amount of $900 should be ordered paid to J.F., unless Attorney Biester can demonstrate that that amount has already been paid. The parties' stipulation points out that in the event the stay of all proceedings relating to Count Two is lifted, the OLR may continue the prosecution of Count Two and seek appropriate sanctions and restitution relating thereto. The record indicates that the Wisconsin Lawyers' Fund for Client Protection (the Fund) has paid $78,000 to L.T. In the event the stay of proceedings relating to Count Two of the amended complaint is lifted, the OLR will apparently be seeking an order requiring Attorney Biester to reimburse the Fund. Since a stay of all proceedings relating to Count Two currently remains in effect, the issue of restitution to the Fund is not before us at this time.

¶27 IT IS ORDERED that the license of Mary K. Biester to practice law in Wisconsin is suspended for a period of one year, effective November 25, 2013.

¶28 IT IS FURTHER ORDERED that Mary K. Biester shall pay restitution in the amount of $900 to her former client, J.F., within 60 days of the date of this order, or provide documentation to the Office of Lawyer Regulation that restitution has already been made.

¶29 IT IS FURTHER ORDERED that, as a condition of her reinstatement, Mary K. Biester shall successfully complete 20 hours of continuing legal education ethics courses approved in advance by the Office of Lawyer Regulation. The courses should address issues related to office management, trust account maintenance, responsibility to clients, and compliance with court orders.

¶30 IT IS FURTHER ORDERED that within 60 days of the date of this order, Mary K. Biester shall pay to the Office of Lawyer Regulation the costs of this proceeding, which are $25,584.50 as of April 1, 2013.

¶31 IT IS FURTHER ORDERED that restitution is to be completed prior to paying costs to the Office of Lawyer Regulation.

¶32 IT IS FURTHER ORDERED that Mary K. Biester shall comply with the provisions of SCR 22.26 concerning the duties of a person whose license to practice law in Wisconsin has been suspended.

¶33 IT IS FURTHER ORDERED that, if in the future, the stay of all proceedings relating to Count Two of the amended complaint is lifted and there is an additional finding of misconduct as to Count Two, any sanction imposed as a result of that misconduct shall run consecutive to the one-year suspension imposed by the terms of this order.