Office of Lawyer Regulation v. Michael R. Bauer


2020 WI 86 SUPREME COURT OF WISCONSIN CASE NO.: 2016AP1259-D COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Michael R. Bauer, Attorney at Law: Office of Lawyer Regulation, Complainant-Respondent, v. Michael R. Bauer, Respondent-Appellant. DISCIPLINARY PROCEEDINGS AGAINST BAUER OPINION FILED: November 24, 2020 SUBMITTED ON BRIEFS: ORAL ARGUMENT: SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: Per Curiam. NOT PARTICIPATING: ATTORNEYS: 2020 WI 86 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2016AP1259-D STATE OF WISCONSIN : IN SUPREME COURT In the Matter of Disciplinary Proceedings Against Michael R. Bauer, Attorney at Law: Office of Lawyer Regulation, FILED Complainant-Respondent, NOV 24, 2020 v. Sheila T. Reiff Clerk of Supreme Court Michael R. Bauer, Respondent-Appellant. ATTORNEY reinstatement proceeding. Reinstatement granted upon conditions. ¶1 PER CURIAM. We review a report filed by Referee James C. Boll recommending that the court reinstate the license of Michael R. Bauer to practice law in Wisconsin with certain conditions. No appeal has been filed from the referee's report and recommendation. Accordingly, our review proceeds pursuant to Supreme Court Rule (SCR) 22.33(3).1 Upon careful review of 1SCR 22.33(3) provides: "If no appeal is timely filed, the supreme court shall review the referee's report, order reinstatement, with or without conditions, deny reinstatement, or order the parties to file briefs in the matter." No. 2016AP1259-D the matter we adopt the referee's findings and conclusions and agree that Attorney Bauer's petition for reinstatement should be granted upon the recommended conditions as described below. We also direct that the costs of this current reinstatement proceeding, totaling $4,093.40, be paid by Attorney Bauer. ¶2 Attorney Bauer was admitted to practice law in Wisconsin in 1988. He practiced law in Madison. He also owned a business, Sports Advisors, Inc., which related to his work as an agent for several National Football League players. Before the complaint giving rise to his current license suspension Attorney Bauer had not previously been subject to professional discipline. ¶3 On June 24, 2016, the Office of Lawyer Regulation (OLR) filed a disciplinary complaint against Attorney Bauer alleging 28 counts of professional misconduct. The complaint alleged that between December 2013 and October 2014, Attorney Bauer mishandled client funds held in trust, comingled personal funds in his trust account, failed to keep proper trust account records, exercised a lack of diligence, failed to properly communicate with clients, failed to promptly refund unearned fees and repeatedly failed to cooperate with the OLR's investigations. Ultimately, following litigation, it was determined that Attorney Bauer committed 22 counts of misconduct and converted $376,818.63. In re Disciplinary Proceedings Against Bauer, 2018 WI 49, 381 Wis. 2d 474, 912 N.W.2d 108. Although the dollar amount is staggeringly high, it bears noting 2 No. 2016AP1259-D that it was undisputed that Attorney Bauer's clients received all monies due to them. ¶4 On April 5, 2019, Attorney Bauer filed a petition seeking the reinstatement of his Wisconsin law license. The OLR conducted an ...

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