On Monday, July 7, 2025, the Supreme Court of California issued an order approving a stipulation from the State Bar Court, imposing a 60-day actual suspension, a one-year stayed suspension, and one year of probation on attorney Timothy Alan Provis for professional misconduct. The disciplinary action stems from a federal lawsuit and subsequent appeal deemed frivolous, alongside other violations.
The case is entitled “In the Matter of Timothy Alan Provis,” with case number S290660.
Provis faced charges related to his handling of Upchurch v. O’Brien, a case filed on February 29, 2019, in the U.S. District Court for the Western District of Wisconsin. Representing his client, Provis alleged that defendants, including police and prosecutors, formed a racketeering enterprise to block the plaintiff’s use of an easement to access a lake. The complaint claimed the plaintiff held a deed granting easement rights and that defendants withheld evidence during a criminal prosecution. These claims were later found to be factually inaccurate and legally baseless.
On May 6, 2019, opposing counsel sent Provis a letter under Federal Rule of Civil Procedure 11, highlighting that the plaintiff did not own the property in question, which was held by a trust, and that court orders from 2014 and 2015 prohibited the plaintiff from using the easement or contacting the defendants. The letter also noted that the complaint’s legal theories, including alleged RICO violations and inapplicable statutes, lacked merit. Despite the 21-day window to withdraw the complaint, Provis opposed motions to dismiss.
In October 2019, defendants served discovery requests, which Provis failed to answer, violating Federal Rule of Civil Procedure 26(a). A court order on December 31, 2019, mandated compliance by January 14, 2020, but Provis did not respond. On January 23, 2020, he moved to dismiss the case, which the court granted, retaining jurisdiction for sanctions.
On July 26, 2022, the district court imposed $53,483.21 in sanctions against Provis and his client. Provis failed to report these sanctions to the State Bar.
Provis appealed the sanctions, but the Seventh Circuit dismissed the appeal, describing the case as “frivolous.” On August 30, 2024, the circuit court ordered Provis to pay an additional $25,512.06 in sanctions, which he reported to the State Bar on October 7, 2024, after learning of their investigation. Neither sanction amount has been paid.
The State Bar found Provis violated Business and Professions Code section 6068(c) by maintaining a frivolous lawsuit and appeal, section 6103 by disobeying a court order, and section 6068(o)(3) by failing to report sanctions timely. Aggravating factors included multiple acts of misconduct and significant harm to the courts and opposing parties, with nearly $80,000 in unpaid sanctions. Mitigating factors included Provis’ 38 years of discipline-free practice and his cooperation through a pre-filing stipulation.
The stipulated discipline, approved by the State Bar Court and the Supreme Court, includes a one-year stayed suspension and one year of probation. Provis will be suspended from the practice of law for the first 60 days of probation.
According to Avvo, Mr. Provis is an appeals lawyer in Port Washington, WI. He acquired his law license in California in 1992.
A copy of the original filing can be found here.
