¶1 PER CURIAM. We review the recommendation of the referee that Attorney Joan M. Boyd's license to practice law in Wisconsin be suspended for six months for professional misconduct. On July 14, 2008, the Office of Lawyer Regulation (OLR) filed an amended complaint alleging that Attorney Boyd engaged in 13 counts of misconduct arising from five separate matters. Gary L. Olstad was appointed referee.

¶2 On October 21, 2008, the parties entered into a stipulation in which Attorney Boyd: (1) withdrew her response and pled no contest to the amended complaint; (2) agreed the referee may use the amended complaint as the factual basis for a determination of misconduct; and (3) joined the OLR in recommending a six-month suspension of her Wisconsin law license and restitution.

¶4 Attorney Boyd was admitted to practice law in Wisconsin in 1989 and resides in Shawano. Attorney Boyd has been subject to the following previous discipline:

Attorney Boyd's license remains suspended.

¶5 The referee found the following facts supported counts 1 through 5. Attorney Boyd represented J.R. in post- conviction proceedings arising from his 2002 felony conviction in Brown County circuit court. Initially, J.R. had sought the services of the National Legal Professional Associates (NLPA). Under NLPA's procedures, it would perform the necessary research and briefing and J.R. would retain counsel licensed in Wisconsin to file and serve the paperwork and appear in court. NLPA recommended to J.R. that Attorney Boyd serve as local counsel to pursue post-conviction relief.

¶6 On her son's behalf, J.R's mother entered into a written fee agreement with Attorney Boyd, which provided for a $4,000 flat fee for legal services in connection with J.R.'s post-conviction motion and appeal. The agreement stated Attorney Boyd would "finalize the Motion and Appeal in accordance with prevailing ethical standards, and, in accordance with the law of the State of Wisconsin," she would "prosecute the Motion and Appeal to the full extent of the law."

¶7 Attorney Boyd filed the motion papers she had received from NLPA. The motion alleged ineffective assistance of counsel and sought vacation of the conviction and sentence. At a September 2, 2005, motion hearing, Attorney Boyd asserted judicial bias, which was unsupportable by any facts or existing law. Attorney Boyd failed to investigate whether any bias or judicial misconduct actually supported the allegation. The judge reacted in a strongly negative manner, observing that had Attorney Boyd done her homework, she would not have brought these allegations.

¶8 Following the hearing, Attorney Boyd advised J.R. he would have 90 days to appeal. He decided to appeal. After NLPA quoted additional fees that he could not afford, J.R. asked Attorney Boyd to prepare the appeal as required under the existing fee agreement. Because of her disagreement with J.R. as to her obligations under the fee agreement, Attorney Boyd suggested seeking an extension of time to appeal to permit J.R. to raise additional funds.

¶9 On November 14, 2005, Attorney Boyd filed a motion to extend the time to appeal; the motion was denied on November 17, 2005. J.R. did not learn of the denial of the motion until December 14, 2005, after the 90- day time to appeal had expired. No appeal was taken.

¶10 Attorney Boyd admitted to the OLR staff that the $4,000 she charged J.R. was to include her work in filing and arguing the post-conviction motion, as well as filing a court of appeals brief. Since the appeal was not filed, Attorney Boyd acknowledged she owed a $1,000 refund.

¶12 The second matter involves C.C., and gave rise to counts 6 and 7. Attorney Boyd hired C.C. to perform investigative work on a case on which she had been appointed by the State Public Defender (SPD). When C.C. completed his work, he sent Attorney Boyd a bill for his services in the amount of $154.12. In August 2006 Attorney Boyd submitted her own billing statement along with C.C.'s invoice to the SPD. On August 21, 2006, the Wisconsin Department of Administration issued a check to Attorney Boyd in the matter, which included payment for C.C.'s invoice.

¶13 After receiving the check, Attorney Boyd failed to pay C.C. C.C. sent Attorney Boyd e-mails relating to the unpaid invoice. Eventually, on February 12, 2007, C.C. filed a grievance with the OLR alleging Attorney Boyd refused to pay him and failed to return his phone calls. On March 27, 2007, Attorney Boyd sent C.C. a cashier's check for $154.12. The payment came from funds in her law office business account.

¶14 Attorney Boyd acknowledged to the OLR that after receiving the SPD's check, which included payment for C.C.'s investigative services, she cashed the check and used the proceeds to pay her personal bills. Attorney Boyd stated she did not deposit the check into her trust account.

¶16 The third client matter gave rise to counts 8 and 9. In the late 1980s, V.B. was convicted of several charges in Milwaukee County circuit court, and received an 80- year prison sentence. His appeal and habeas corpus proceedings were unsuccessful. He subsequently contacted NLPA to pursue new post-conviction motions.

¶17 On April 22, 2004, V.B.'s sister sent NLPA a check for $2,000 to prepare a case evaluation for V.B. On or about April 27, 2004, NLPA referred V.B. to Attorney Boyd for possible future representation in seeking post-conviction relief.

¶18 On May 1, 2004, V.B. signed a "Client Authorization" form noting to NLPA that he had selected Attorney Boyd to represent him. Thereafter, NLPA sent Attorney Boyd its case evaluation. NLPA also wrote V.B. stating he needed to hire an investigator before a post-conviction motion could be prepared. V.B. hired J.J. to investigate.

¶19 On December 23, 2004, V.B.'s sister paid a $3,000 retainer to Attorney Boyd. Attorney Boyd provided no written fee agreement.

¶20 Between March 2005 and July 2006, J.J. provided at least three reports of his investigative findings to Attorney Boyd, all of which indicated the victims would not recant their testimony. On July 7, 2006, Attorney Boyd sent J.J.'s notes to NLPA. NLPA advised Attorney Boyd it "cannot, at this time, recommend that a post-conviction motion be filed on [V.B.'s] behalf."

¶21 Between December 29, 2004, and July 19, 2006, Attorney Boyd had no contact with V.B. or his sister. On July 19, 2006, Attorney Boyd sent a letter to V.B., echoing NLPA's recommendation. In August 2006 V.B.'s sister filed a grievance with the OLR, and V.B. asked Attorney Boyd for his file. Attorney Boyd replied by announcing a new strategy that would be mapped out and recommended that V.B. grant her permission to hold the case open for further review. Attorney Boyd recommended pursuing an ineffective assistance of counsel claim.

¶22 In September 2006 V.B. requested an itemized statement of services from Attorney Boyd. In April and June 2007 the OLR district committee investigator made the same request. Attorney Boyd's notes indicate she had two conferences with V.B. and his sister in September and October 2006. In January 2007 Attorney Boyd requested copies of court records in V.B.'s cases and forwarded copies to V.B. V.B. replied that Attorney Boyd had not obtained copies of the discovery and other documents from his file and requested she contact the district attorney directly. Attorney Boyd did so by letter of March 6, 2007, but as of April 10, 2007, no additional material had been provided.

¶23 In April 2007, unbeknownst to V.B., Attorney Boyd contacted Legal Research Center, Inc., of Minneapolis, Minnesota, seeking services for research regarding V.B.'s post-conviction motion. However, V.B. wanted Attorney Boyd to stop working on his case and to refund the $3,000 retainer. In November 2007 Attorney Boyd provided to the OLR a statement of her services, explaining that her delay was due to an oversight.

¶25 The fourth client matter gave rise to counts 10 and 11. In May 2005 R.O. was sentenced to prison as a result of multiple criminal convictions. R.O. was diagnosed with a medical condition while incarcerated and learned he was ineligible for treatment due to the short length of his sentence. R.O. asked his parents to speak with Attorney Boyd regarding a motion to modify his sentence based upon his medical condition.

¶26 Attorney Boyd requested a retainer of $1,800 from R.O.'s parents, which they paid on December 1, 2005. In January 2006, however, Attorney Boyd refused to file a motion for sentence modification based on R.O.'s health condition because she considered it to be a frivolous motion. R.O. ultimately directed Attorney Boyd not to file anything on his behalf and asked her to refund his retainer. He also requested his file. Attorney Boyd replied the file had been lost. R.O.'s parents also requested Attorney Boyd discontinue any work on the case and provide a statement for services and a refund.

¶27 The OLR district committee investigator requested Attorney Boyd provide copies of: (1) records that would show telephone contacts with R.O.; (2) any schedules she might have relating to telephone calls to R.O. in prison; and (3) any retainer agreement and memoranda relating to the sentencing adjustment issue. Attorney Boyd provided only a copy of a letter from R.O. in September 2006 demanding a refund of $500 to his parents. Attorney Boyd never provided an accounting of the $1,800 fee she received to represent R.O.

¶28 Upon receipt of the district committee report, the OLR wrote to Attorney Boyd in October 2007 requesting information. In November 2007 Attorney Boyd replied she would attempt to retrieve the information from her old computer. Attorney Boyd did not submit the information or contact the OLR on the issue.

¶30 The final matter gave rise to counts 12 and 13. R.B. was previously employed as a police officer. R.B. arrested Attorney Boyd on September 7, 2004. Attorney Boyd was initially charged with disorderly conduct and resisting arrest. The police report indicated Attorney Boyd recorded a preliminary breath test with a blood alcohol concentration of .117%. After her arrest, Attorney Boyd paid for the following advertisement in a local newspaper:

Attorney Boyd did not list her name in the advertisement but used her post office box and telephone number.

¶34 We approve the referee's recommended sanction with one modification. To impose the suspension directly following the date her previous suspension expired would in effect be a suspension retroactive to August 2008. A retroactive suspension is generally not favored in the absence of some compelling circumstance, and no compelling circumstance is shown here. Although we take into account the referee's recommendation as to discipline, we do not accord the referee's recommendation any conclusive weight. In re Disciplinary Proceedings Against Widule, 2003 WI 34, ¶44, 261 Wis. 2d 45, 660 N.W.2d 686. It is this court's responsibility to determine the appropriate discipline to be imposed for an attorney's misconduct. Id. Based on the seriousness of the misconduct and Attorney Boyd's disciplinary history, we impose a six- month license suspension effective the date of this decision.

¶35 IT IS ORDERED that the license of Joan M. Boyd to practice law in Wisconsin is suspended for a period of six months, effective the date of this order.

¶36 IT IS FURTHER ORDERED that to the extent she has not yet done so, Joan M. Boyd shall comply with SCR 22.26 regarding the duties of a person whose license to practice law in Wisconsin has been suspended.

¶37 IT IS FURTHER ORDERED that Joan M. Boyd pay restitution plus interest at the legal rate. See Wis. Stat. § 138.04. Restitution shall be paid as follows: to R.O. in the amount of $1,500 with interest commencing January 31, 2006, to the date of payment; to J.R. in the amount of $1,000 with interest commencing November 18, 2005, to the date of payment; and to V.B.'s sister, the unearned portion of the $3,000 fee with interest commencing April 1, 2007, to the date of payment. If restitution is not paid within 60 days of the date of this order, Joan M. Boyd's license shall remain suspended until further order of the court.

¶38 IT IS FURTHER ORDERED that within 90 days of the date of this order Joan M. Boyd pay to the Office of Lawyer Regulation the costs of this proceeding. If the costs are not paid within the time specified and absent a showing to this court of her inability to pay the costs within that time, Joan M. Boyd's license to practice law in Wisconsin shall remain suspended until further order of the court.