Disciplinary Proceedings Against Petros
2020 WI 71, 7/22/20 (2020)
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ATTORNEY disciplinary proceeding.
Attorney's license suspended.
¶1 PER CURIAM. We review the
recommendation of the referee, Allan Beatty,
recommending that Attorney Christopher S.
Petros' license to practice law be suspended
for two years due to his professional
misconduct. The referee also recommended
that Attorney Petros be ordered to pay
restitution to the Wisconsin Lawyers' Fund
for Client Protection ("the Fund") in the
amount of $24,000, and pay the full costs of
this proceeding, which are $4,387.44 as of
April 10, 2020. The referee's findings of
fact, conclusions of law, and
recommendations derive from two stipulations
filed by the parties.
¶2 We adopt the referee's findings of
fact and conclusions of law. We agree that
the seriousness of Attorney Petros'
professional misconduct warrants a two-year
suspension of his law license. We further
agree that Attorney Petros should pay
restitution as recommended by the referee
and that he should pay the full costs of
this proceeding.
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¶3 Attorney Petros was admitted to
practice law in Wisconsin in 2009. His
license is administratively suspended for
noncompliance with continuing legal
education requirements. He was also
licensed to practice law in Minnesota in
2002, and his Minnesota law license is
suspended. On August 6, 2013, the Minnesota
Supreme Court suspended Attorney Petros'
Minnesota law license for misconduct that
included submitting false evidence and
making false statements to the Director of
the Minnesota Office of Lawyers Professional
Responsibility; failing to notify a client
of a hearing; lying to the court through an
associate and failing to correct the
misrepresentations he caused to be made to
the court; failing to timely notify clients
of their appeal rights and that he would not
file an appeal on their behalf; and failing
to diligently pursue a client's case,
communicate with that client, and timely
return the client's property. In re
Disciplinary Action Against Petros, 834
N.W.2d 714 (Minn. 2013). In 2014, Attorney
Petros received a 90-day suspension of his
Wisconsin law license as reciprocal
discipline to that imposed by the Minnesota
Supreme Court. In re Disciplinary
Proceedings Against Petros, 2014 WI 1, 351
Wis. 2d 775, 841 N.W.2d 47.
¶4 In 2017, this court imposed a public
reprimand on Attorney Petros for failing to
prepare a contract he was hired to prepare;
failing to provide advance notice of a
withdrawal of fees from trust; failing to
materially advance a matter for a different
client; and failing to timely respond to the
Office of Lawyer Regulation's (OLR)
investigations in both matters. Public
Reprimand of Christopher S. Petros, 2017-8
(electronic copy available at
https://compendium.wicourts.gov/app/raw/
002974.html).
¶5 This disciplinary proceeding
commenced on March 21, 2019, when the OLR
filed a complaint against Attorney Petros
alleging 17 counts of professional
misconduct. Referee Beatty was appointed.
On June 27, 2019, the OLR amended its
complaint to allege 24 counts of misconduct
relating to seven client matters.
¶6 On November 18, 2019, the parties
executed a stipulation in which Attorney
Petros pled no contest to each of the 24
counts of misconduct alleged in the OLR's
amended disciplinary complaint. He further
stipulated that he owes restitution in the
amount of $24,000 to the Fund in connection
with one client matter. The parties agreed
that the amended disciplinary complaint and
the terms of the stipulation could serve as
the factual basis for the referee's factual
findings and determination of misconduct.
Subsequently, the parties executed a second
stipulation agreeing that a two-year license
suspension is an appropriate sanction for
Attorney Petros' admitted misconduct.
¶7 In each stipulation, the parties
confirmed that the stipulation was not the
result of plea bargaining but reflects
Attorney Petros' voluntary decision not to
contest the matter. Attorney Petros
represents and verifies that he fully
understands the allegations to which he
stipulated in this disciplinary matter; he
fully understands his right to contest this
matter; he fully understands the
ramifications of his entry into the
stipulation; he fully understands that he
has the right to consult counsel; and that
his entry into the stipulation was made
knowingly and voluntarily.
¶8 On March 16, 2020, Referee Beatty
filed a report, stating that based on the
record he found by clear, satisfactory, and
convincing evidence that Attorney Petros
violated the rules of professional conduct,
as alleged. We summarize that professional
misconduct here.
Representation of J.O. (Counts 1-
3)
¶9 In November 2016, the State Public
Defender's Office (SPD) appointed Attorney
Petros as counsel for J.O., who faced
criminal charges in Barron County. At
J.O.'s sentencing hearing, Attorney Petros
obtained permission from the court to have a
second presentencing investigation report
(PSI) prepared and J.O.'s sentencing hearing
was adjourned. Then, J.O. was charged with
driving under the influence, 2nd offense, in
Polk County. Attorney Petros later told the
OLR that there was some discussion about
whether the second PSI should be done,
because the new charges might negatively
affect the sentence recommendation.
However, at the adjourned sentencing hearing
on August 14, 2017, court records reflect
that an "Alternative PSI has been ordered by
defense" and the sentencing hearing was
adjourned again. By late November 2017, the
OLR was investigating Attorney Petros, who
told the OLR that he and J.O. decided
against obtaining a second PSI. J.O.
asserts no such decision was ever made but
rather, "the second PSI was always the
plan." Attorney Petros never ordered a
second PSI. He also failed to appear at
J.O.'s sentencing hearing on October 30,
2017.
¶10 Meanwhile, in April 2017, J.O. had
paid Attorney Petros $750 to commence a
paternity case. Between April and October,
2017, Attorney Petros took no steps to
initiate the paternity case. On November
27, 2017, Attorney Petros told the OLR via
email that he had sent J.O. a full refund
check. The client, however, did not receive
a refund check, despite repeated requests,
until February 2018, and then, it was
refused due to insufficient funds. Attorney
Petros later told the OLR that he had
ensured there were sufficient funds in the
account for the check to be cashed. The OLR
provided this information to J.O. and did
not hear from J.O. again.
¶11 The parties stipulated and the
referee concluded that:
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• By failing to arrange for a second
PSI; by failing to appear in court at the
October 30, 2017, sentencing hearing; and by
failing to advance the paternity case, in each
instance, Attorney Petros violated SCR 20:1.3
(Count One).
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• By failing to timely refund the
unearned advanced fee in the paternity case,
Attorney Petros violated SCR 20:1.16(d) (Count
Two).
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• By twice willfully misrepresenting
to the OLR that he returned J.O.'s advanced
fees when he had not, Attorney Petros
violated SCR 22.03(6), enforceable via SCR
20:8.4(h) (Count Three).
Representation of J.T. (Counts 4-
6)
¶12 In the fall of 2017, the SPD
appointed Attorney Petros to represent J.T.
at a sentencing hearing following the
revocation of J.T.'s probation in Sawyer
County. In short, Attorney Petros failed to
make contact with J.T. and failed to respond
to J.T's repeated efforts to contact him.
J.T., who was being held in the Sawyer
County jail, sent correspondence to Attorney
Petros on September 27, November 23, and
December 22, 2017. At J.T.'s request, jail
staff left voice mail messages for Attorney
Petros on October 9, November 1 and 20,
December 12, 19, and 20, 2017, and February
1, 2018, requesting Attorney Petros to
contact J.T. Attorney Petros did not
respond to any of these attempts to reach
him. Later, Attorney Petros falsely told
the OLR that he visited J.T. in jail on
October 16, 2017.
¶13 Attorney Petros then failed to
respond to the OLR's request for
information, and this court issued an order
directing Attorney Petros to show cause why
his law license should not be suspended for
failure to cooperate with the OLR. Attorney
Petros responded with a letter advising the
court that he had provided the OLR with the
requested information. However, the OLR had
not received the requested information.
¶14 On June 4, 2018, the OLR received a
response from Attorney Petros that was
sufficient to allow it to continue its
investigation. The OLR did not withdraw its
motion to temporarily suspend Attorney
Petros' law license, due to his continued
non-cooperation in two other OLR
investigations. On August 15, 2018,
Attorney Petros' law license was temporarily
suspended. He then cooperated with the OLR
and his law license was reinstated on August
29, 2018.
¶15 The parties stipulated and the
referee concluded that:
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• By failing to respond to J.T.'s
requests to contact him for information
regarding his case, Attorney Petros violated
SCR 20:1.4(a)(4) (Count 4).
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• By misrepresenting to the OLR that he
visited J.T. in jail on October 16, 2017,
Attorney Petros violated SCR 22.03(6),
enforceable via SCR 20:8.4(h) (Count 5).
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• By willfully failing to provide the
OLR with a timely response to J.T.'s
grievance, Attorney Petros violated SCR
22.03(2) and SCR 22.03(6), enforceable via
SCR 20:8.4(h) (Count 6).
Representation of A.H. (Counts 7-
11)
¶16 In December 2016, A.H. received
$30,012.77 from the proceeds of her mother's
life insurance policy. A.H. hired Attorney
Petros to prepare a special needs trust for
her. Due to a disability, A.H. required
such a trust so payments could be made to
her that would not jeopardize her receipt of
disability benefits. Attorney Petros
charged A.H. $2,000 to create the trust but
failed to follow through. On February 2,
2017, Attorney Petros deposited the
settlement funds into his trust account.
Between May 4 and October 10, 2017, Attorney
Petros issued five checks totaling $6,000 to
A.H.
¶17 In June 2017, the special needs
trust had not been prepared and A.H. began
having difficulty receiving full disability
benefits. Despite A.H.'s requests for
information, Attorney Petros failed to
prepare the special needs trust and A.H. was
required to retain successor counsel to
prepare the trust.
¶18 Meanwhile, it was determined that
Attorney Petros had misappropriated A.H.'s
funds. His trust records indicate that in
December 2017 he should have been holding
$22,012.77 in trust attributable to A.H.
even after his fees were deducted. The
trust balance was $1.02.
¶19 Attorney Petros then failed to
respond to the OLR's requests for
information and, as described above, his law
license was temporarily suspended for
noncooperation. On May 8, 2019, the Fund
approved payment to A.H. in the amount of
$24,000, reflecting her losses as a result
of Attorney Petros' misconduct.
¶20 The parties stipulated and the
referee concluded that:
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• By failing to prepare the
special needs trust on behalf of A.H.,
Attorney Petros violated SCR 20:1.3 (Count
Seven)
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• By failing to return any of the $2,000
advance fees to A.H., Attorney Petros violated
SCR 20:1.16(d) (Count Eight).
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• By failing to hold $22,012.77 of funds
in trust belonging to A.H., Attorney Petros
violated SCR 20:1.15(b)(1) (Count Nine).
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• By using A.H.'s funds for purposes
unrelated to A.H., Attorney Petros violated
SCR 20:8.4(c) (Count Ten).
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• By willfully failing to timely
provide the OLR with a response to A.H.'s
grievance, Attorney Petros violated SCR
22.03(2) and SCR 22.03(6), enforceable via
SCR 20:8.4(h) (Count Eleven).
Representation of D.G. (Counts 12-
15)
¶21 In January 2015, D.G. hired Attorney
Petros to represent him as plaintiff's
counsel in a defamation action. This was to
include preparing and filing a complaint.
Two years after being hired, Attorney Petros
falsely notified D.G. that a hearing was
scheduled on the matter. D.G. arrived for
the purported hearing, and Attorney Petros
misrepresented to D.G. that the court had
granted him a default judgment. This was
untrue. Subsequently, D.G. asked Attorney
Petros for documentation relating to the
default judgment. Attorney Petros agreed to
provide the documents several times but did
not do so.
¶22 In August 2017, D.G. learned that
the lawsuit had not even been filed until
March 30, 2017, and that Attorney Petros had
taken no further action to prosecute it.
Attorney Petros then failed to respond to
the OLR's repeated requests for information
regarding the matter.
¶23 The parties stipulated and the
referee concluded that:
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• By failing to file D.G.'s lawsuit for
approximately two years after being hired, and
by failing to take any action to pursue the
lawsuit after filing it, Attorney Petros
violated SCR 20:1.3 (Count Twelve).
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• By misrepresenting to D.G. the status
of his case, including that default judgment
had been obtained before he even filed the
lawsuit, Attorney Petros violated SCR
20:8.4(c) (Count Thirteen).
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• By willfully failing to provide the
OLR with a timely written response to D.G.'s
grievance, Attorney Petros violated SCR
22.03(2) and SCR 22.03(6), enforceable via SCR
20:8.4(h) (Count Fourteen).
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• By willfully failing to provide the
OLR the additional information requested on
September 14, 2018, Attorney Petros violated
SCR 22.03(6), enforceable via SCR 20:8.4(h)
(Count Fifteen).
Representation of T.V.B. (Counts 16-
17)
¶24 On October 6, 2017, the SPD
appointed Attorney Petros as counsel for
T.V.B., who was charged with fleeing an
officer and possession of methamphetamine in
Sawyer County. Attorney Petros appeared by
phone for T.V.B.'s preliminary hearing.
Thereafter, however, T.V.B. tried repeatedly
to reach Attorney Petros by phone and letter
and Attorney Petros failed to respond. On
January 21, 2018, T.V.B. wrote to the judge
presiding over his case and described his
unsuccessful efforts to contact Attorney
Petros. On April 9, 2018, T.V.B. wrote the
SPD's office and requested new counsel,
stating that Attorney Petros was "M.I.A."
On June 26, 2018, Attorney Petros then
failed to appear at T.V.B.'s plea and
sentencing hearing. The judge removed
Attorney Petros as counsel of record, and
ordered the appointment of successor
counsel. Attorney Petros initially
responded to the OLR's requests for
information about the ensuing grievance, but
then failed to cooperate further.
¶25 The parties stipulated and the
referee concluded that:
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• By failing to respond to T.V.B.'s
requests for information regarding his case,
Attorney Petros violated SCR 20:1.4(a)(4)
(Count Sixteen).
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• By willfully failing to provide the
OLR the additional information requested on
September 13, 2018, Attorney Petros violated
SCR 22.03(6), enforceable via SCR 20:8.4(h)
(Count Seventeen).
Representation of S.W. (Counts 18-
20)
¶26 In July 2015, S.W. hired Attorney
Petros to represent her in a family law case
in St. Croix County. Her former partner,
J.A., had requested mediation regarding the
legal custody and physical placement of
their child. S.W. knew mediation was a
prerequisite to a court hearing so she
requested Attorney Petros schedule mediation
promptly.
¶27 In November 2015, S.W. asked about
the status of mediation but Attorney Petros
had not scheduled a mediation. In December
2015, S.W. again contacted Attorney Petros,
asking if a mediation date had been set.
Attorney Petros claimed that he had sent her
possible dates. S.W. had not received that
communication. Attorney Petros promised to
resend possible mediation dates but failed
to do so. S.W. then asked Attorney Petros
again and he did not respond.
¶28 On January 25, 2016, Attorney Petros
sent S.W. a text falsely stating a court
hearing was scheduled in February 2016.
Shortly before the supposed hearing, S.W.
asked Attorney Petros if the court date was
still on. He responded, "Yep." There was
no court hearing. On May 18 and 23, 2016,
S.W. sent Attorney Petros texts asking "have
you received the papers for court."
Attorney Petros responded, "What's your
email will send papers over" but did not
follow through. On May 23, 2016, J.A. filed
a second request for mediation and the
family court commissioner signed a referral
for mediation that same day.
¶29 On August 23, 2016, S.W. sent
Attorney Petros a text stating "I still
haven't received anything about a court
date." The next day, Attorney Petros falsely
told S.W. that a court date was set for
September 15, 2016. On August 25, 2016,
S.W. informed Attorney Petros that she had
discovered that the court had no record of a
hearing scheduled for September 15, 2016.
When Attorney Petros filed a formal Notice
of Retainer on December 6, 2016, it was the
first pleading he had filed on behalf of
S.W. since he was retained in July 2015.
¶30 Several hearings took place in 2017
and 2018, at which Attorney Petros did
appear with S.W., culminating in a review
hearing on November 15, 2018. S.W. failed
to appear, having mistaken the time and
Attorney Petros appeared late. The family
court commissioner entered orders. Unhappy
with the orders, S.W. asked Attorney Petros
to schedule another hearing. He agreed but
did not act. On December 10, 2018, S.W.
asked if another hearing had been scheduled.
Attorney Petros did not respond. On
December 31, 2018, S.W. requested Attorney
Petros return her paperwork. Again,
Attorney Petros did not respond.
¶31 The parties stipulated and the
referee concluded that:
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• By failing to act with reasonable
diligence and promptness in furtherance of
S.W.'s interests in her case between July 2015
and December 6, 2016, and continuously from
November 15, 2018 to present, Attorney Petros
violated SCR 20:1.3 (Count Eighteen).
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• By making misrepresentations to S.W.
about the status of her case on January 25,
2016 and August 24, 2016, Attorney Petros
violated SCR 20:8.4(c) (Count Nineteen).
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• By failing to respond to reasonable
requests for information regarding her case
and failing to provide requested paperwork
concerning her case, Attorney Petros
violated SCR 20:1.4(a)(4) (Count
Twenty).
Matter of J.R. (Counts 21-24)
¶32 In July 2016, J.R. hired Attorney
Petros to file small claims actions against
two tenants. In late 2016 or early 2017,
Attorney Petros falsely told J.R. that the
two cases had settled. In the summer of
2017, J.R. asked Attorney Petros to file
small claims cases against two other
tenants. Attorney Petros did not file any
of the four cases until March 12, 2018.
¶33 From July through November 2017,
J.R. repeatedly attempted to reach Attorney
Petros without success. On December 8,
2017, Attorney Petros misrepresented to J.R.
that all four cases were scheduled for court
hearings on December 27, 2017. At that
time, none of the cases had even been filed.
¶34 On March 6, 2018, the OLR advised
Attorney Petros that J.R. had filed a
grievance and requested a response. Six
days after the OLR notified Attorney Petros
of the grievance, he finally filed all four
small claims cases. Attorney Petros
initially responded to the OLR's request for
a response to J.R.'s grievance, but
thereafter failed to respond.
¶35 The parties stipulated and the
referee concluded that:
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• By failing to act with reasonable
diligence and promptness in furtherance of
J.R.'s interests in his cases between July
2016 and March 2018, Attorney Petros violated
SCR 20:1.3 (Count Twenty-One).
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• By failing to respond to J.R.'s
reasonable requests for information regarding
his cases and failing to provide requested
paperwork concerning his cases, Attorney
Petros violated SCR 20:1.4(a)(4) (Count
Twenty-Two).
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• By making misrepresentations to J.R.
about the status of his cases in late 2016 or
early 2017, and on August 1, 2017 and December
8, 2017, Attorney Petros violated SCR
20:8.4(c) (Count Twenty-Three).
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• By willfully failing to respond to
the OLR's September 17, 2018 request for
additional information, Attorney Petros
violated SCR 22.03(6), enforceable via SCR
20:8.4(h) (Count Twenty-Four).
¶36 After making a determination of
misconduct as to all 24 counts summarized
above, the referee evaluated the appropriate
discipline for Attorney Petros. Determining
appropriate discipline for professional
misconduct requires an assessment of: (1)
the seriousness, nature, and extent of the
misconduct; (2) the level of discipline
needed to protect the public, the courts,
and the legal system from repetition of the
attorney's misconduct; (3) the need to
impress upon the attorney the seriousness of
the misconduct; and (4) the need to deter
other attorneys from committing similar
misconduct. In re Disciplinary
Proceedings Against Hammis, 2011 WI 3,
¶39, 331 Wis. 2d 19, 793 N.W.2d 884.
¶37 The referee deemed instructive
several cases cited in the OLR's sanctions
memorandum. In In re Disciplinary
Proceedings Against Krezminski, 2007 WI
21, 299 Wis. 2d 152, 727 N.W.2d 492, the
attorney was suspended for two years for
making false statements to a court, for
trust fund violations involving a vulnerable
client, for lack of diligence in an appeal,
and for failures to communicate with the
client. Similarly, in In re Disciplinary
Proceedings Against Carter, 2014 WI 126,
359 Wis. 2d 70, 856 N.W.2d 595, this court
suspended the attorney for two years after
he stipulated to 11 counts of misconduct
involving a fee agreement, client
communications, and trust fund violations
involving $72,000. See also In re
Disciplinary Proceedings Against Morse,
2019 WI 53, 386 Wis. 2d 654, 927 N.W.2d 543
(one-year suspension for lack of diligence,
lack of communication, failure to follow a
court order, and trust fund violations
involving $25,000, in addition to conviction
of three counts of theft due to the trust
fund misuse).
¶38 The referee observed: "[a]ll of
[Petros'] violations have occurred in a
relatively few years by an attorney who
began his practice of law in 2009" and the
"violations are exceedingly serious, given
their breadth and nature and [Petros']
history." The referee recommended this
court suspend Attorney Petros' law license
for a period of two years and require him to
pay restitution to the Fund, as stipulated,
in connection with his professional
misconduct in the matter of A.H. The
referee further recommended that Attorney
Petros' future reinstatement, if any, be
conditioned upon Attorney Petros not
engaging in solo law practice and/or that
his practice and trust account be subject to
monitoring.
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¶39 No appeal was filed so this court's
review proceeds pursuant to SCR 22.17(2).
In conducting our review, we affirm the
referee's findings of fact unless they are
found to be clearly erroneous, and we review
the referee's conclusions of law on a de
novo basis. See In re Disciplinary
Proceedings Against Inglimo, 2007 WI 126,
¶5, 305 Wis. 2d 71, 740 N.W.2d 125. We may
impose whatever sanction we see fit
regardless of the referee's recommendation.
See In re Disciplinary Proceedings Against
Widule, 2003 WI 34, ¶44, 261 Wis. 2d 45,
660
N.W.2d 686.
¶40 Based upon our review of the record,
we accept the referee's findings of fact and
conclusions of law in this matter and agree
that Attorney Petros committed the 24 counts
of professional misconduct, as alleged. The
allegations of misconduct at issue are very
serious. Attorney Petros misappropriated
client funds from a vulnerable client, lied
to clients about the status of their cases,
repeatedly failed to respond to clients and
failed to appear in court. Attorney Petros
also repeatedly failed to respond to
inquiries from the OLR, resulting in his
temporary suspension from the practice of
law.
¶41 The undisputed facts show a clear
pattern of neglect by Attorney Petros of his
clients' needs and objectives and disregard
of his obligations as an attorney. We agree
with the referee's recommendation that the
seriousness of Attorney Petros' misconduct
demonstrates that his law license must be
suspended for a period of two years, to
protect the public, courts, and legal system
from the attorney's repetition of the
misconduct; to impress upon Attorney Petros
the seriousness of his misconduct; and to
deter other attorneys from engaging in
similar misconduct.
¶42 The referee proposed that Attorney
Petros' future reinstatement, if any, should
be conditioned upon Attorney Petros not
engaging in solo law practice and/or that
his practice and trust account be subject to
monitoring. In the event Attorney Petros
seeks reinstatement, this court will revisit
these recommendations. See SCR 22.29.
¶43 Finally, we accept the referee's
recommendation that we order Attorney Petros
to pay restitution to the Fund in connection
with his representation of A.H., and we
impose the full costs of this disciplinary
proceeding on Attorney Petros.
¶44 IT IS ORDERED that the license of
Christopher S. Petros to practice law in
Wisconsin is suspended for a period of two
years, effective the date of this order.
¶45 IT IS FURTHER ORDERED that if he has
not already done so, Christopher S. Petros
shall comply with the provisions of SCR
22.26 regarding the duties of a person whose
license to practice law in Wisconsin has
been suspended.
¶46 IT IS FURTHER ORDERED that within 60
days of the date of this order, Christopher
S. Petros shall pay to the Office of Lawyer
Regulation the costs of this proceeding,
which are $4,387.44 as of April 10, 2020.
¶47 IT IS FURTHER ORDERED that within 60
days of the date of this order, Christopher
S. Petros shall pay restitution of $24,000
to the Wisconsin Lawyers' Fund for Client
Protection in connection with his misconduct
in the matter of A.H.
¶48 IT IS FURTHER ORDERED that the
restitution specified above is to be
completed prior to paying costs to the
Office of Lawyer Regulation.
¶49 IT IS FURTHER ORDERED that the
administrative suspension of Christopher S.
Petros' license to practice law in Wisconsin
for noncompliance with continuing legal
education requirements, will remain in
effect until the administrative suspension
has been rectified pursuant to SCR 22.28(1).
¶50 IT IS FURTHER ORDERED that
compliance with all conditions of this order
is required for reinstatement. See SCR
22.28(2).
¶51 DANIEL KELLY, J., did not
participate.
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