Professional Responsibility — reciprocal discipline

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Wisconsin Supreme Court

Civil

Professional Responsibility — reciprocal discipline

Where attorney Tracy R. Eichhorn-Hicks failed to notify OLR of an out-of-state suspension, his reciprocal discipline is prospective rather than retroactive.

“We reject Attorney Eichhorn-Hicks’ argument. First, whether or not he voluntarily chose not to practice law in Wisconsin during the period of his Minnesota suspension, Attorney Eichhorn-Hicks was not precluded from practicing law in this state due to any disciplinary suspension. Thus, if we were now to make his Wisconsin suspension retroactive to 2000, he would effectively have avoided any discipline in Wisconsin for his professional misconduct. Second, the fact that Attorney Eichhorn-Hicks’ Wisconsin license was not suspended simultaneously with his Minnesota license results solely from Attorney Eichhorn-Hicks’ own failure to notify this state’s regulatory authorities of his suspension. See, e.g., In re Disciplinary Proceedings Against Nickitas, 2006 WI 20, ¶¶4, 6-7, 289 Wis. 2d 18, 710 N.W.2d 464; In re Disciplinary Proceedings Against Rhees, 2003 WI 110, 263 Wis. 2d 703, 665 N.W.2d 256 (published order). Although Attorney Eichhorn-Hicks asserts that he was unaware of his obligation to do so, his failure to ascertain his legal and ethical obligations to this state is no excuse. Had he notified the OLR of his Minnesota suspension immediately after it had been imposed, as he was obligated to do, it is possible that his Wisconsin suspension may have been made coterminous with his Minnesota suspension. Given that the OLR learned of his suspension from other sources more than a decade after it was imposed, we perceive no unfairness in making the one-year suspension prospective from a specific date in the near future that will allow Attorney Eichhorn-Hicks to make arrangements to transfer or conclude any representations in Wisconsin.”

2011AP2326-D OLR v. Eichhorn-Hicks

Per Curiam.

Attorneys: For Complainant: MacArthur, Anne, Madison; For Respondent: Eichhorn Hicks, Tracy R., Minneapolis, MN; Kautzer, Edward F., St. Paul, MN