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ATTORNEY disciplinary proceeding.
Attorney's license suspended.
¶1 PER CURIAM. We review a
stipulation pursuant to Supreme Court Rule
(SCR) 22.12 between the Office of Lawyer
Regulation (OLR) and Attorney Diane R.
Caspari. The stipulation states that
Attorney Caspari committed three counts of
misconduct arising out of her failure to
make payments to Clinical Psychology
Associates, which conducted evaluations into
criminal cases which had been assigned to
Attorney Caspari by the Office of the State
Public Defender (SPD). The stipulation
requests that this court impose a 90-day
suspension of Attorney Caspari's license to
practice law in Wisconsin and that she be
ordered to pay restitution.
¶2 Upon careful review of the matter,
we accept the stipulation, impose the
requested discipline and order restitution.
Because the matter has been resolved by
means of a stipulation, without the need for
the appointment of a referee, we impose no
costs on Attorney Caspari.
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¶3 Attorney Caspari was admitted to the
practice of law in Wisconsin in 2004 and
practices in Milwaukee. In 2015, she
received a consensual private reprimand for
misconduct involving two client matters in
which she failed to respond to clients'
inquiries regarding the status of their
matter and in which she charged a client for
legal fees even though she did not perform
the work. She also failed to refund
unearned fees upon termination of the
representation. Private Reprimand No.
2015-21 (electronic copy available at
https://compendium.
wicourts.gov/app/raw/002809.html).
¶4 In 2016, pursuant to another SCR
22.12 stipulation, this court suspended
Attorney Caspari's law license for 60 days
for misconduct arising out of four client
matters and involving various counts of
misconduct, including billing the SPD for
tasks that she did not actually perform and
failing to correct invoices or refund those
fees for years. In re Disciplinary
Proceedings Against Caspari, 2016 WI 72,
371 Wis. 2d 567, 882 N.W.2d 852.
¶5 The OLR filed a three-count
complaint against Attorney Caspari on June
28, 2019. The parties' stipulation was
filed on February 10, 2020.
¶6 The stipulation states that on
December 19, 2013, the SPD appointed
Attorney Caspari to represent J.P. on felony
criminal charges in Kenosha County. A
competency hearing was scheduled for January
10, 2014.
¶7 The SPD also appointed Attorney
Caspari to represent K.W. in a juvenile
matter in Kenosha County.
¶8 Attorney Caspari hired Dr. David
Thompson's office, Clinical Psychology
Associates, to conduct an evaluation of J.P.
and a legal competency evaluation for K.W.
¶9 Dr. Thompson submitted invoices to
Attorney Caspari for services he provided on
behalf of J.P. and K.W. The SPD authorized
payment to Dr. Thompson for the evaluations.
¶10 On September 21, 2016, the Wisconsin
Department of Administration (DOA) issued
payment to Attorney Caspari, in care of
Daniels Capital Corporation (Daniels), a
financing company that provides advance
payments to government-appointed criminal
defense attorneys, for Dr. Thompson's
services related to J.P. Daniels issued
payments to Attorney Caspari. She did not
deposit the funds into a trust account,
instead depositing them into her business
checking account. Attorney Caspari did not
promptly provide Dr. Thompson with notice of
her receipt of the funds, nor did she
promptly deliver the funds to him.
¶11 On November 23, 2016, the DOA issued
a payment to Attorney Caspari, in care of
Daniels, for Dr. Thompson's services related
to K.W. Daniels issued payment to Attorney
Caspari. She did not deposit the funds into
a trust account, instead depositing them
into her business checking account.
Attorney Caspari did not promptly provide
Dr. Thompson with notice of her receipt of
the funds, nor did she promptly deliver the
funds to him. She used the funds for her
own purposes.
¶12 In June 2017, Dr. Thompson's office
contacted the SPD regarding problems in
collecting payments for work completed for
Attorney Caspari's SPD clients. Attorney
Caspari sent Dr. Thompson an email
acknowledging that she owed him $3,642.50
for J.P. and $1,320 for K.W. She said, "I
had thought that I paid the latter but did
not." She proposed a payment plan that
would commence in July 2017 and conclude
with full reimbursement to Dr. Thompson by
November 2017.
¶13 On or about July 21, 2017, Attorney
Caspari made a $50 payment toward Dr.
Thompson's bill in the J.P. matter. She
paid Dr. Thompson an additional $50 on or
about June 7, 2019 and has paid nothing
further to Dr. Thompson since that time.
¶14 By virtue of the stipulation,
Attorney Caspari stipulates to the following
counts of misconduct:
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Count 1: By failing to deposit into
a trust account funds intended for payment to
Dr. Thompson, Attorney Caspari violated SCR
20:1.15(b)(1).
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Count 2: By failing to promptly
notify Dr. Thompson of her receipt of funds
intended for payment of his services, and by
failing to promptly disburse those funds to
him, Attorney Caspari violated SCR 20:1.15(e)
(1).
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Count 3: By converting to her own
use State-issued funds intended for payment
to Dr. Thompson, Attorney Caspari violated
SCR 20:8.4(c).
¶15 Attorney Caspari represents that she
fully understands the misconduct
allegations; she fully understands the
ramifications should this court impose the
stipulated level of discipline; she fully
understands her right to contest the matter;
she fully understands her right to consult
with counsel and says she has retained and
consulted with counsel; she states her entry
into the stipulation is made knowingly and
voluntarily; and represents her decision not
to contest the misconduct alleged in the
complaint or the level and type of
discipline sought by the OLR's director.
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¶16 Attorney Caspari further avers that
from December 2013 through June 2017, she
believed she was suffering from severe
anxiety and chronic depression which was
causing severe emotional dysfunction; that
she was under the care of a healthcare
professional for those conditions; and that
if a hearing had been held she would have
been prepared to admit evidence that the
condition contributed to the misconduct
described in the stipulation.
¶17 In its memorandum in support of the
stipulation, the OLR points to prior
decisions in which this court imposed 90-day
suspensions for somewhat analogous conduct.
In re Disciplinary Proceedings Against
Alfredson, 2019 WI 17, 385 Wis. 2d 565,
923 N.W.2d 869 (imposing 90-day suspension
for professional misconduct in two client
matters and failure to cooperate with the
OLR's investigation. The misconduct
included failing to hold a client's funds in
trust and failing to promptly deliver funds
collected in connection with the attorney's
representation of a client to the client's
ex-wife's lawyer); In re Disciplinary
Proceedings Against Wood, 2013 WI 11, 345
Wis. 2d 279, 825 N.W.2d 473 (imposing 90-day
suspension for seven counts of misconduct
including failing to hold client's
settlement funds in trust; failing to
provide the client with a written fee
agreement; failing to keep a client informed
about the status of their matter; and
withdrawing funds from a client trust
account via teller transactions).
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¶18 After careful review of this matter,
we accept the stipulation and impose the
requested discipline. Although no two
disciplinary proceedings are identical, the
misconduct at issue here is somewhat
analogous to Alfredson and Wood, in
which 90-day suspensions were imposed. We
agree with the OLR's comments in its
memorandum in support of the stipulation
that Attorney Caspari's misconduct is
aggravated by the fact that she has been
disciplined on two prior occasions. In
mitigation of her misconduct, the OLR says
Attorney Caspari has been cooperative in the
investigation and prosecution of this
matter. She has shown remorse. She has
acknowledged her misconduct and entered into
the stipulation. She also asserts that she
suffered from personal or emotional problems
during the time the misconduct occurred.
¶19 Upon consideration of the misconduct
and the aggravating and mitigating factors,
we agree that a 90-day license suspension is
an appropriate sanction for Attorney
Caspari's misconduct. We also agree that
she should be ordered to pay $4,862.50 in
restitution to Dr. David Thompson. Because
this matter was resolved by means of a
stipulation, without the need for the
appointment of a referee, we impose no costs
on Attorney Caspari.
¶20 IT IS ORDERED that the license of
Diane R. Caspari to practice law in
Wisconsin is suspended for a period of 90
days, effective July 9, 2020.
¶21 IT IS FURTHER ORDERED that within 60
days of the date of this order Diane R.
Caspari shall pay to Dr. David Thompson the
sum of $4,862.50.
¶22 IT IS FURTHER ORDERED that Diane R.
Caspari 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.
¶23 IT IS FURTHER ORDERED that
compliance with all conditions of this order
is required for reinstatement. See SCR
22.28(2).
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