By: WISCONSIN LAW JOURNAL STAFF//February 20, 2013//
Wisconsin Supreme Court
Civil
Professional Responsibility — public reprimand
Where attorney Robert J. Smead practiced law while his license was suspended, and failed to return unearned fees to a client, a public reprimand is appropriate.
“We note, as did the referee, that the misconduct at issue here had its genesis in the same time frame that was at issue in the matters that led to Attorney Smead’s prior suspension and public reprimand. Attorney Smead has indicated that since that time he has evaluated his past behavior, recognized his mistakes, and declared his remorse for his misconduct. He has embarked on a new career in nursing and has returned to the practice of law on a limited basis and provides services to needy clients. We also note that Attorney Smead was willing to resolve this matter without the need for a full evidentiary hearing, and he made the ordered restitution to the Fund. Under all of these circumstances we conclude that a public reprimand is an appropriate level of discipline.”
Per Curiam.
Attorneys: For Complainant: Weigel, William J., Madison; Kluck, Kim M., Sun Prairie; For Respondent: Smead, Robert J., Larsen