Professional Responsibility — Reinstatement

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Wisconsin Supreme Court

Professional Responsibility

Reinstatement

Where an attorney’s license to practice was revoked in 1997 based on five grievance complaints of numerous counts of misconduct, including transferring client funds to his own use, and before the revocation, he was disciplined for professional misconduct on two earlier occasions, we now reinstate his license, with conditions, because he has satisfied his burden of proof.

The referee said the testimony of Attorney Warmington’s wife, herself a non-practicing attorney, was convincing with respect to his current appreciation of meeting professional standards. The referee also noted that during his testimony at the evidentiary hearing, he adequately explained his failure initially to cooperate with the reinstatement investigation. The referee said Attorney Warmington’s testimony included a plan upon reinstatement that seemed to reflect a proper understanding of and attitude towards the standards that are imposed upon members of the bar and his intent to meet them. Attorney Warmington said he does not intend to engage in the private practice of law, and the referee said she would be hesitant to recommend reinstatement if he intended to return to solo private practice.

“After careful review of the record, we agree with the referee that Attorney Warmington has established by clear, satisfactory, and convincing evidence that he has satisfied all the criteria necessary for reinstatement. Accordingly, we adopt the referee’s findings of fact and conclusions of law, and we accept the referee’s recommendation to reinstate Attorney Warmington’s license to practice law in Wisconsin.”

Petition granted. For three years following his resumption of the practice of law, he shall not practice law in a solo private practice. If he practices law in a partnership or law firm setting, he shall engage in the practice under the direct supervision of a licensed attorney acceptable to and approved by the Office of Lawyer Regulation. He shall additionally pay to the Office of Lawyer Regulation the costs of $3,436.90.

1997AP457-D In the Matter of Disciplinary Proceedings Against Warmington

Attorneys: For Complainant: Cayo, Richard J., Milwaukee; Warmington, Thomas E., New Berlin; For Respondent: Weigel, William J., Madison; Spoke, Julie Marie, Madison

2011 WI 87, Per curiam