Attorney Discipline and Professional Misconduct-Aggravating Factors in Sanction Determination

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WI Court of Supreme Court

Case Name: Office of Lawyer Regulation v. Matthew V. Burkert

Case No.: 2022AP001926-D

Officials:

Focus: Attorney Discipline and Professional Misconduct-Aggravating Factors in Sanction Determination

The Wisconsin Supreme Court suspended Burkert’s law license for two years for professional misconduct involving fee diversion and dishonesty toward his former firm, Sorrentino Burkert Risch LLC (SBR).

Between 2018 and 2020, Burkert covertly formed a separate entity, MZR Advisors, LLC, and used SBR’s resources to do so. While still at SBR, he funneled client payments through MZR, diverted fees owed to SBR, wrote off client bills, and in some cases bartered client services for personal benefit. Seven client matters were implicated, with converted funds totaling tens of thousands of dollars. Despite eventually refunding some payments, Burkert repeatedly minimized his conduct, failed to disclose MZR to his firm, and provided inconsistent explanations.

Burkert ultimately stipulated to two counts of misconduct: Conduct involving dishonesty, fraud, deceit, or misrepresentation (SCR 20:8.4(c)), and breach of fiduciary duty to his law firm under SCR 20:8.4(f). Although the referee recommended an 18-month suspension with $24,358.50 restitution, the Court imposed a harsher sanction, citing Burkert’s extended pattern of deceit, lack of remorse, and partial restitution.

The Court ordered Burkert to serve a two-year suspension, pay $24,358.50 restitution to SBR, make full restitution of all diverted funds as a condition of reinstatement  and Pay $4,875.21 in proceeding costs.

Decided 09/12/25

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