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High court suspends Eau Claire attorney’s license

By: Erika Strebel, [email protected]//May 24, 2016//

High court suspends Eau Claire attorney’s license

By: Erika Strebel, [email protected]//May 24, 2016//

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The Wisconsin Supreme Court has suspended an Eau Claire attorney’s license over his mishandling of a tax appeals case.

Tuesday’s disciplinary action stems from a complaint filed by the Office of Lawyer Regulation in September, charging James Moldenhauer with two counts of misconduct involving tax matters he handled for a couple.

Moldenhauer failed to appear at his clients’ hearing before the Tax Appeals Commission, resulting in the dismissal of the case, according to the complaint. He also failed to inform his clients about the dismissal and failed to communicate with them. The clients eventually sued him for malpractice and breach of contract, and they reached a settlement with Moldenhauer for $50,000.

The OLR had asked the justices to suspend Moldenhauer’s license for the misconduct. Moldenhauer reached a stipulation with the OLR, agreeing that the misconduct was accurate and agreeing with the discipline the OLR had sought.

The justices on Tuesday agreed with the OLR, suspending Moldenhauer’s license for 60 days. In doling out the discipline, the justices noted that the court had already privately reprimanded Moldenhauer once and publicly reprimanded him three times from 2006 to 2012 for similar misconduct.

“We agree with the OLR’s observation in its memorandum in support of the stipulation that Attorney Moldenhauer’s previous private and public reprimands for similar misconduct have not impressed upon him the importance of his ethical obligations,” the court wrote.

Moldenhauer earned his law degree from Hamline University School of Law in St. Paul, Minn., and has been licensed to practice law in Wisconsin since 1982.

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