By: Derek Hawkins//July 20, 2015//
Civil
Supreme Court of Wisconsin
Disciplinary Proceedings – Reinstatement
1989AP1848-D Office of Lawyer Regulation v. Daniel W. Linehan
Where attorney’s license is reinstated with conditions due to medical incapacity even though voluntary petition for revocation made no explicit mention of medical incapacity
“We agree with the referee that, although this court’s cursory 1989 order revoking Attorney Linehan’s license to practice law by consent did not explicitly state that the revocation was due to a medical incapacity, the petition for voluntary revocation clearly identified medical incapacity as the primary driving force behind Attorney Linehan’s decision to relinquish his law license. Accordingly, we deem it appropriate to treat his petition for reinstatement of his license as having been filed under SCR 22.36. We further conclude that the referee’s findings support a determination that Attorney Linehan has met his burden under SCR 22.36(6) to establish by clear, convincing, and satisfactory evidence that his medical incapacity is removed and that he is fit to resume the practice of law. We agree that conditions on Attorney Linehan’s license to practice law are necessary to ensure that he continues to receive appropriate treatment. Finally, we deem it appropriate to require Attorney Linehan to pay the full costs of this proceeding, $15,714.12.”
Per Curiam.