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More complaints strain lawyer-regulation system

It’s impossible to tell whether more Wisconsin lawyers are behaving unethically, although the growing number of grievances filed against them suggests that clients and others believe they are.

Reports from the Office of Lawyer Regulation (OLR), which receives grievances against attorneys and decides which ones to drop and which ones to formally investigate, show that:

--Between 2008 and 2011, the number of formal investigations pending at the end of the year rose 87 percent, from 313 to 588.

--During the same period, the number of all pending matters before OLR went up 63 percent, from 651 to 1,066.

Those increases dwarfed the 4.9 percent increase in the number of lawyers licensed in Wisconsin in that period. At the end of 2011, there were 24.158 lawyers subject to OLR review.

The trends of more grievances being filed, and more formal investigations opened as a result, are expected to continue.

That means the time it takes to review grievances, and open and resolve formal investigations, will keep growing. Between July of last year and March of this year, it took 414 days to complete a formal investigation—20 percent longer than over the same period in the previous year. Those growing numbers also could lead to demands to raise the $155 annual fee Wisconsin lawyers now pay for OLR.

OLR Director Keith Sellen said the number of grievances against Wisconsin lawyers started to rise significantly in 2008, which coincided with what economists call the Great Recession.

But, Sellen said, the numbers don’t conclusively prove that more Wisconsin lawyers are cheating their clients or others, or otherwise acting unethically.

“The data we collect does not enable one to know for sure whether the increased numbers mean more lawyers are behaving unprofessionally,” he said, adding:

“The economic downturn affects lawyers, as it does everyone. It is possible that the economic downturn contributed, as increased financial pressures on individuals and on lawyers may result in the filing of more grievances.”

Earlier this year, a special committee named to study the OLR warned that delays in resolving misconduct complaints against lawyers could hurt public trust in the disciplinary process.

While concluding that the OLR “generally” works well, the panel noted criticism that a complaint “can remain confidential for a substantial period of time before it is disclosed to the public.” Although lawyers who are the subjects of complaints want protection from “the public disclosure of complaints that have no merit,” the panel also said clients who rely on lawyers for business and personal advice also need protection.

“A lengthy period of confidentiality prior to disclosure of complaints that do have merit could result in further harm to the public by an attorney who may be engaging in a pattern of misconduct,” the report concluded.

Maybe, reviewers suggested, OLR’s preliminary review committee, which decides whether to drop a grievance that has been investigated or file a complaint, could meet more often and make public “the complaint at the time that the PRC approves it.” That recommendation has not yet been acted on, however.

Wisconsin allows anyone, whether the person has been a client or not, to file a grievance against a Wisconsin-licensed lawyer. Grievances cannot be filed over legal bills and cannot be filed against law firms, however.

OLR has several options to resolve complaints: Dismiss them because of insufficient evidence, divert the complaint to an alternative resolution process, ask the attorney to consent to a private or public reprimand, forward the complaint to the preliminary review committee to decide whether to go forward, or file a formal Supreme Court complaint.

The Supreme Court can choose from options that include permanent or temporary suspensions of law licenses, public reprimands or limitations on a lawyer’s practice.

OLR’s last annual report said complaints about criminal cases prompted 30 percent of all grievances filed in 2010-11. Complaints about family and juvenile cases made up 20 percent.

Sellen said OLR’s administrative board is aware of the growing number of complaints and the longer time it is taking to resolve them.

“About 15 months ago, additional staff was hired,” he added. “This office will seek additional staffing as resources allow.”

Steven Walters is a senior producer for WisconsinEye. This column reflects his personal perspective. Email stevenscwalters@gmail.com.