In the Matter of Disciplinary Proceedings Against David V. Moss, Attorney at Law:
David V. Moss, Respondent. Office of Lawyer Regulation, Complainant,
PROCEEDINGS AGAINST MOSS
reinstatement proceeding. Reinstatement granted with
We review a report filed by Referee James C. Boll
recommending that the court reinstate the license of David V.
Moss to practice law in Wisconsin. Upon careful review of the
matter, we agree that Attorney Moss's license should be
reinstated, with the conditions described herein. We further
agree with the referee that Attorney Moss should be required
to pay the full costs of the reinstatement proceeding, which
are $3, 321.79 as of May 22, 2017.
Attorney Moss was admitted to practice law in Wisconsin in
2009 and practiced in Galesville. Attorney Moss currently
lives in the state of Washington. In 2014, Attorney
Moss's license to practice law in Wisconsin was suspended
for a period of two years for 35 counts of misconduct, which
involved eight separate client matters. In re
Disciplinary Proceedings Against Moss, 2014 WI 95, 357
Wis.2d 324, 850 N.W.2d 934. Attorney Moss's misconduct
included repeatedly taking fees from clients and failing to
perform the work for which he was hired; failing to
communicate with clients regarding the status of their
matters; and failing to return fees and client files upon
request. Attorney Moss was later reciprocally disciplined by
the United States Patent and Trademark Office.
In July 2016, Attorney Moss filed a petition seeking the
reinstatement of his Wisconsin law license. In January 2017,
the Office of Lawyer Regulation (OLR) filed a response
stating it did not oppose the reinstatement petition. A
public hearing was held on April 3, 2017. Attorney Moss
called three witnesses at the hearing, two attorneys in
Washington state and a longtime friend. All three testified
they would refer clients to Attorney Moss and believe he
would be a good lawyer. One former client of Attorney Moss
testified at the hearing that he did not believe Attorney
Moss should be reinstated to practice law. However, the
former client said he had not spoken with or observed
Attorney Moss for over three years.
On May 2, 2017, the referee issued his report and
recommendation recommending that Attorney Moss's
Wisconsin law license be reinstated. The referee commented
that during the reinstatement hearing, Attorney Moss
testified with sincerity regarding his previous disciplinary
issues, took responsibility for his actions, and apologized
on the record to his clients. The referee noted that Attorney
Moss testified he had been diagnosed with a bi-polar disorder
in March of 2014 and that he controls this condition under
the supervision of a doctor with prescribed medication and
regular sessions with a counselor. The referee said that
while he understands the frustration of the former client who
opposed Attorney Moss's reinstatement, all available
evidence in the record indicates that Attorney Moss has
changed from the individual the former client encountered and
the record demonstrates that Attorney Moss, with the help of
medication and under a doctor's supervision, now has the
moral character to practice law.
The referee concluded that Attorney Moss satisfied the burden
of proof and requirements for reinstatement set forth in
Supreme Court Rule (SCR) 22.31. The referee recommends that
Attorney Moss's Wisconsin law license be reinstated with
the following conditions:
1) Attorney Moss continue in counseling with a therapist who
treats bi-polar conditions.
2) Attorney Moss continue in treatment with a physician who
prescribes medication for bi-polar conditions.
3) Attorney Moss cooperate by taking the medication
prescribed for his bi-polar condition.
4) Attorney Moss not consume any illegal drugs.
5) For a period of two (2) years following reinstatement,
Attorney Moss provide the OLR with quarterly written reports
from his therapist and his prescribing physician that he is
cooperating with therapy and with taking the prescribed
medication for his bi-polar condition.
The referee also recommends that Attorney Moss pay the full
costs of the reinstatement proceeding. No appeal has been