Office of Lawyer Regulation v. Christopher S. Petros ( 2020 )

2020 WI 71
SUPREME COURT OF WISCONSIN
CASE NO.: 2019AP565-D
COMPLETE TITLE: In the Matter of Disciplinary Proceedings
Against Christopher S. Petros , Attorney at Law:
Office of Lawyer Regulation,
Complainant,
v.
Christopher S. Petros,
Respondent.
DISCIPLINARY PROCEEDINGS AGAINST PETROS
OPINION FILED: July 22, 2020
SUBMITTED ON BRIEFS:
ORAL ARGUMENT:
SOURCE OF APPEAL:
COURT:
COUNTY:
JUDGE:
JUSTICES:
Per Curiam.
NOT PARTICIPATING:
DANIEL KELLY, J., did not participate.
ATTORNEYS:
2020 WI 71
NOTICE
This opinion is subject to further
editing and modification. The final
version will appear in the bound
volume of the official reports.
No. 2019AP565-D
STATE OF WISCONSIN : IN SUPREME COURT
In the Matter of Disciplinary Proceedings
Against Christopher S. Petros,
Attorney at Law:
Office of Lawyer Regulation,
FILED
Complainant, JUL 22, 2020
v. Sheila T. Reiff
Clerk of Supreme Court
Christopher S. Petros,
Respondent.
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
No. 2019AP565-D
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.
¶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
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No. 2019AP565-D
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
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No. 2019AP565-D
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
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No. 2019AP565-D
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:
 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,
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No. 2019AP565-D
in each instance, Attorney Petros violated SCR 20:1.3
(Count One).1
 By failing to timely refund the unearned advanced fee
in the paternity case, Attorney Petros violated
SCR 20:1.16(d) (Count Two).2
 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),3 enforceable via
SCR 20:8.4(h) (Count Three).4
Representation of J.T. (Counts 4-6)
1 SCR 20:1.3 provides: "A lawyer shall act with reasonable
diligence and promptness in representing a client."
2 SCR 20:1.16(d) provides:
Upon termination of representation, a lawyer
shall take steps to the extent reasonably
practicable to protect a client's interests, such as
giving reasonable notice to the client, allowing
time for employment of other counsel, surrendering
papers and property to which the client is entitled
and refunding any advance payment of fee or expense
that has not been earned or incurred. The lawyer may
retain papers relating to the client to the extent
permitted by other law.
3 SCR 22.03(6) provides: "In the course of the
investigation, the respondent's willful failure to provide
relevant information, to answer questions fully, or to
furnish documents and the respondent's misrepresentation in a
disclosure are misconduct, regardless of the merits of the
matters asserted in the grievance."
4 SCR 20:8.4(h) provides: "It is professional misconduct
for a lawyer to fail to cooperate in the investigation of a
grievance filed with the office of lawyer regulation as required
by SCR 21.15(4), SCR 22.001(9)(b), SCR 22.03(2), SCR 22.03(6),
or SCR 22.04(1)."
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No. 2019AP565-D
¶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
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No. 2019AP565-D
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:
 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).5
 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).
 By willfully failing to provide the OLR with a timely
response to J.T.'s grievance, Attorney Petros violated
SCR 22.03(2)6 and SCR 22.03(6), enforceable via
SCR 20:8.4(h) (Count 6).
Representation of A.H. (Counts 7-11)
5 SCR 20:1.4(a)(4) provides: "A lawyer shall promptly comply
with reasonable requests by the client for information."
6 SCR 22.03(2) provides:
Upon commencing an investigation, the director
shall notify the respondent of the matter being
investigated unless in the opinion of the director the
investigation of the matter requires otherwise. The
respondent shall fully and fairly disclose all facts
and circumstances pertaining to the alleged misconduct
within 20 days after being served by ordinary mail a
request for a written response. The director may
allow additional time to respond. Following receipt
of the response, the director may conduct further
investigation and may compel the respondent to answer
questions, furnish documents, and present any
information deemed relevant to the investigation.
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No. 2019AP565-D
¶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.
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No. 2019AP565-D
¶20 The parties stipulated and the referee concluded that:
 By failing to prepare the special needs trust on
behalf of A.H., Attorney Petros violated SCR 20:1.3
(Count Seven).
 By failing to return any of the $2,000 advance fees to
A.H., Attorney Petros violated SCR 20:1.16(d) (Count
Eight).
 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).7
 By using A.H.'s funds for purposes unrelated to A.H.,
Attorney Petros violated SCR 20:8.4(c) (Count Ten).8
 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)
7 SCR 20:1.l5(b)(l) provides:
A lawyer shall hold in trust, separate from the
lawyer's own property, that property of clients and
3rd parties that is in the lawyer's possession in
connection with a representation. All funds of clients
and 3rd parties paid to a lawyer or law firm in
connection with a representation shall be deposited in
one or more identifiable trust accounts.
8 SCR 20:8.4(c) provides: "It is professional misconduct for
a lawyer to engage in conduct involving dishonesty, fraud,
deceit or misrepresentation."
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No. 2019AP565-D
¶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:
 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).
 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).
 By willfully failing to provide the OLR with a timely
written response to D.G.'s grievance, Attorney Petros
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No. 2019AP565-D
violated SCR 22.03(2) and SCR 22.03(6), enforceable
via SCR 20:8.4(h) (Count Fourteen).
 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:
 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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No. 2019AP565-D
 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
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No. 2019AP565-D
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:
 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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No. 2019AP565-D
 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).
 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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No. 2019AP565-D
 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).
 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).
 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).
 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
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No. 2019AP565-D
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
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No. 2019AP565-D
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.
¶39 No appeal was filed so this court's review proceeds
pursuant to SCR 22.17(2).9 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
9 SCR 22.17(2) provides:
If no appeal is filed timely, the supreme court
shall review the referee's report; adopt, reject or
modify the referee's findings and conclusions or
remand the matter to the referee for additional
findings; and determine and impose appropriate
discipline. The court, on its own motion, may order
the parties to file briefs in the matter.
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No. 2019AP565-D
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.
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No. 2019AP565-D
¶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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No. 2019AP565-D
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