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ATTORNEY disciplinary
proceeding. Attorney's license
revoked.
¶1 PER CURIAM. Attorney Perry H.
Friesler has filed a petition for the
consensual revocation of his license to
practice law in Wisconsin pursuant to SCR
22.19. Attorney Friesler states in his
petition that he cannot successfully defend
against multiple allegations of misconduct
in connection with two grievances that the
Office of Lawyer Regulation (OLR) is
currently investigating.
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¶2 Attorney Friesler was admitted to
the practice of law in 1968. His license is
currently suspended for nonpayment of dues
and failure to comply with trust account
certification requirements.
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¶3 Attached to Attorney Friesler's
petition for revocation is a summary of
misconduct allegations in two matters that
have not yet been fully investigated by the
OLR. Both matters involved Attorney
Friesler allegedly misappropriating funds
belonging to an estate in which he served as
personal representative and attorney. In
one estate matter in Ozaukee County, the
Estate of H.A.L., Attorney Friesler is
alleged to have misappropriated $72,500 in
estate funds. In another estate matter in
Milwaukee County, the Estate of L.P.,
Attorney Friesler is alleged to have
misappropriated approximately $105,250 in
estate funds, although Attorney Friesler
claims this amount should be offset by
$17,860, the amount he invoiced the estate
for fees. The OLR states that it is
investigating claims that in both estate
matters, Attorney Friesler engaged in
misconduct involving dishonesty, deceit, or
misrepresentation; committed trust account
violations; and failed to act with
reasonable diligence and promptness in
representing his clients. See SCRs
20:8.4
(c), 20:1.15(b) and (d), and 20:1.3.
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¶4 Attorney Friesler's petition for
consensual revocation states that he cannot
successfully defend himself against the
allegations of professional misconduct set
forth in the OLR's summary of the matters
being investigated. His petition asserts
that he is seeking consensual revocation
freely, voluntarily, and knowingly.
Attorney Friesler states that he understands
he is giving up his right to contest the
OLR's allegations. Attorney Friesler is
represented by counsel in this disciplinary
matter.
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¶5 The OLR has filed a recommendation
on Attorney Friesler's petition for
consensual license revocation. See SCR
22.19
(3). The OLR states that revocation is
warranted and necessary. The OLR's
recommendation also contains a restitution
request. The OLR states that Attorney
Friesler should be ordered to pay
restitution in the amount of $72,500 to the
State Bar of Wisconsin Lawyers' Fund for
Client Protection (the Fund), which has
approved and paid a $72,500 reimbursement
application filed by successor counsel for
the Estate of H.A.L. Regarding the Estate
of L.P., the OLR states that Attorney
Friesler should be ordered to pay
restitution to the estate in the amount of
$105,250, less any offset for Attorney
Friesler's fees which are determined to be
properly chargeable to the estate. As
stated above, Attorney Friesler claims
entitlement to $17,860 in fees for his work
on the Estate of L.P.
¶6 Having reviewed Attorney Friesler's
petition, the OLR's summary of the matters
it is investigating, and the OLR's
recommendation on Attorney Friesler's
petition, we accept Attorney Friesler's
petition for the revocation of his license
to practice law in Wisconsin. See SCRs
22.19
(1), (2), and (5). The seriousness of
Attorney Friesler's misconduct demonstrates
the need to revoke his law license to
protect the public, the courts, and the
legal system from the repetition of
misconduct; to impress upon Attorney
Friesler the seriousness of his misconduct;
and to deter other attorneys from engaging
in similar misconduct. See In re
Disciplinary Proceedings Against Arthur,
2005 WI 40, ¶78, 279 Wis. 2d 583, 694 N.W.2d
910.
¶7 Concerning restitution, we determine
that Attorney Friesler should be required to
pay $72,500 to the Fund in connection with
the losses caused by his actions as personal
representative of the Estate of H.A.L. We
further determine that Attorney Friesler
should be required to pay restitution to the
Estate of L.P. in the minimum amount of
$87,390. We direct the OLR and Attorney
Friesler to confer and attempt to reach a
stipulation within 30 days from the date of
this order as to what amount of Attorney
Friesler's $17,860 fee claim is properly
chargeable to the Estate of L.P. If a
stipulation cannot be reached, we order that
as a condition of reinstatement of Attorney
Friesler's license, Attorney Friesler shall
furnish a complete accounting and prove that
he has settled all claims related to the
$17,860 potentially owed to the Estate of
L.P. See SCR 22.29(4m) (a lawyer
petitioning for reinstatement must prove
that he or she has made restitution to or
settled all claims of persons harmed by the
lawyer's misconduct, or must explain the
failure or inability to do so); see also
In
re Disciplinary Proceedings Against
Mularski, 2010 WI 113, ¶¶35, 37, 329 Wis.
2d
273, 787 N.W.2d 834 (revoking attorney's
license and requiring attorney to show he
made full restitution to his clients at such
time as he would seek reinstatement).
¶8 Because Attorney Friesler petitioned
for the consensual revocation of his
Wisconsin law license before the appointment
of a referee, and because the OLR has not
requested the imposition of costs, we do not
assess the costs of this disciplinary
proceeding against Attorney Friesler.
¶9 IT IS ORDERED that the petition for
consensual license revocation is granted.
¶10 IT IS FURTHER ORDERED that the
license of Perry H. Friesler to practice law
in Wisconsin is revoked, effective the date
of this order.
¶11 IT IS FURTHER ORDERED that within 60
days of the date of this order Perry H.
Friesler shall pay restitution in the amount
of $72,500 to the Wisconsin Lawyers' Fund
for Client Protection and in the amount of
$87,390 to the Estate of L.P.
¶12 IT IS FURTHER ORDERED that the
Office of Lawyer Regulation and Perry H.
Friesler shall confer and attempt to reach a
stipulation within 30 days from the date of
this order as to what amount of Perry H.
Friesler's $17,860 fee claim is properly
chargeable to the Estate of L.P. If a
stipulation cannot be reached, we order that
as a condition of reinstatement of Perry H.
Friesler's license, Perry H. Friesler shall
furnish a complete accounting and prove that
he has settled all claims related to the
$17,860 potentially owed to the Estate of
L.P.
¶13 IT IS FURTHER ORDERED that, to the
extent he has not already done so, Perry H.
Friesler shall comply with the provisions of
SCR 22.26 concerning the duties of a person
whose license to practice law in Wisconsin
has been revoked.
¶14 SHIRLEY S. ABRAHAMSON, C.J.
(concurring). The court has not been
advised whether any criminal prosecution has
been undertaken.
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