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2008AP2766-D OLR v. Lister

By: dmc-admin//September 1, 2010//

2008AP2766-D OLR v. Lister

By: dmc-admin//September 1, 2010//

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Professional Responsibility
Suspension

Where attorney Ryan D. Lister did not exercise due diligence in representing a client, failed to keep the client reasonably informed, violated his duties upon termination of representation, and failed to cooperate with the OLR, a 60-day suspension is appropriate.

“Attorney Lister is reminded Wisconsin adheres to the practice of progressive discipline. See Nussberger, 269 Wis. 2d 47, ¶27. Nonetheless, we do not conclude a 90-day suspension is necessary and, instead, impose a minimal suspension of 60 days. While we share the concerns expressed by the OLR and the referee, we note that each case must turn on its individual facts. We note Attorney Lister’s argument that J.H.’s case arose before his previous suspension and, since his reinstatement, he has been very careful to practice ethically. Attorney Lister expresses his awareness that attorneys licensed to practice in Wisconsin are held to the highest standard of conduct and we may expect nothing less from him. We are satisfied that a 60-day license suspension, together with costs and restitution, will impress upon Attorney Lister the need to adhere to rules of professional conduct, and will deter other attorneys from engaging in misconduct.”

2008AP2766-D OLR v. Lister

Per Curiam.

Attorneys: For Appellant: Lister, Ryan D., Wausau; For Respondent: Krohn, Robert G., Edgerton; Weigel, William J., Madison

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