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Wisconsin Attorneys' Professional Discipline Compendium
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Disciplinary Proceedings Against Kerley
(1998)
You are hereby notified that the Court has entered the following order:
Medical Incapacity Proceedings Against Gillam Kerley, Attorney at Law
The referee in this proceeding, Attorney Norman C. Anderson, made findings of fact and conclusions of law in respect to the alleged medical incapacity and professional misconduct of Attorney Gillam Kerley and recommended that the court immediately suspend Attorney Kerley’s license to practice law in Wisconsin on the ground of his medical incapacity. The referee further recommended that the suspension be indefinite but, in any event, for a period of not less than six months. The referee also recommended that the court order Attorney Kerley to make restitution to a client who paid him a retainer for legal representation but for whom Attorney Kerley performed no services. Attorney Kerley was admitted to practice law in Wisconsin in 1991 and resides in Madison. He did not file an answer or otherwise appear in this proceeding, and the referee granted the motion of the Board of Attorneys Professional Responsibility for default judgment.
We adopt the referee’s findings of fact and conclusions of law and determine that Attorney Kerley’s license to practice law should be suspended on the ground of medical incapacity until such time as he establishes that he no longer has a medical incapacity that interferes with his proper practice of law. It is also appropriate that he be required to make the restitution recommended by the referee in respect to the retainer of a client for whom he performed no legal services.
IT IS ORDERED that the license of Gillam Kerley to practice law in Wisconsin is suspended, effective the date of this order and until further order of the court.
IT IS FURTHER ORDERED that within 60 days of the date of this order, Gillam Kerley make restitution as recommended in the report of the referee on file in this proceeding.
ITS IS FURTHER ORDERED that within 60 days of the date of this order, Gillam Kerley pay to the Board of Attorneys Professional Responsibility the costs of this proceeding.
IT IS FURTHER ORDERED that Gillam Kerley comply with the provisions of SCR 22.26 concerning the duties of a person whose license to practice law in Wisconsin has been suspended.
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