2020 WI 49

SUPREME COURT OF WISCONSIN

CASE NO.: 2019AP1175-D

COMPLETE TITLE: In the Matter of the Disciplinary Proceedings 

Against Diane R. Caspari, Attorney at Law:

Office of Lawyer Regulation,

 Complainant,

v.

Diane R. Caspari,

 Respondent.

DISCIPLINARY PROCEEDINGS AGAINST CASPARI

OPINION FILED: MAY 28, 2020 

SUBMITTED ON BRIEFS: 

ORAL ARGUMENT: 

SOURCE OF APPEAL:

COURT: 

COUNTY: 

JUDGE: 

JUSTICES:

Per Curiam

NOT PARTICIPATING:

 

ATTORNEYS:
2020 WI 49

NOTICE

This opinion is subject to further 

editing and modification. The final 

version will appear in the bound 

volume of the official reports. 

No. 2019AP1175-D

STATE OF WISCONSIN : IN SUPREME COURT

In the Matter of the Disciplinary Proceedings 

Against Diane R. Caspari, Attorney at Law:

Office of Lawyer Regulation,

 Complainant,

v.

Diane R. Caspari,

 Respondent.

FILED

MAY 28, 2020

Sheila T. Reiff

Clerk of Supreme Court

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 
No. 2019AP1175-D 

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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. 

¶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.
No. 2019AP1175-D 

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¶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 
No. 2019AP1175-D 

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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:

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).1

Count 2: By failing to promptly notify Dr. Thompson of 

her receipt of funds intended for payment of his 

 

1 SCR 20:1.15(b)(1) 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.
No. 2019AP1175-D 

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services, and by failing to promptly disburse those 

funds to him, Attorney Caspari violated 

SCR 20:1.15(e)(1).2

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).3

¶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.

¶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 

 

2 SCR 20:1.15(e)(1) provides:

Upon receiving funds or other property in which a 

client has an interest, or in which a lawyer has received 

notice that a 3rd party has an interest identified by a 

lien, court order, judgment, or contract, the lawyer 

shall promptly notify the client or 3rd party in writing. 

Except as stated in this rule or otherwise 148 permitted 

by law or by agreement with the client, the lawyer shall 

promptly deliver to the client or 3rd party any funds or 

other property that the client or 3rd party is entitled 

to receive.

3 SCR 20:8.4(c) provides: "It is professional misconduct for 

a lawyer to engage in conduct involving dishonesty, fraud, deceit 

oar misrepresentation."
No. 2019AP1175-D 

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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).

¶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 
No. 2019AP1175-D 

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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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