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Disciplinary Proceedings – Attorney Misconduct – License Suspension

By: Derek Hawkins//July 15, 2015//

Disciplinary Proceedings – Attorney Misconduct – License Suspension

By: Derek Hawkins//July 15, 2015//

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Civil

Supreme Court of Wisconsin

Disciplinary Proceedings – Attorney Misconduct – License Suspension

2012-AP-1845 Office of Lawyer Regulation v. David J. Winkel

A public reprimand would be a disservice to the public interest and minimalize the severity of misconduct where there is a vast disciplinary history of professional misconduct.

“We must impose the discipline needed to protect the public, the courts, and the legal system from Attorney Winkel’s repetition of misconduct, to impress upon him the seriousness of his misconduct, and to deter other attorneys from engaging in similar misconduct. See In re Disciplinary Proceedings Against Arthur, 2005 WI 40, 279 Wis. 2d 583, 694 N.W.2d 910. We also must bear in mind that discipline is generally progressive in nature. See, e.g., In re Disciplinary Proceedings Against Nussberger, 2006 WI 111, 296 Wis.2d 47, 719 N.W.2d 501. Considering these factors, we conclude that more than a public reprimand is required. This is the third time the court has had occasion to discipline Attorney Winkel for professional misconduct. Clearly, his two previous public reprimands have not sufficiently impressed upon him the need to scrupulously adhere to the rules of professional conduct for attorneys. His course of conduct requires a license suspension. We further conclude that a suspension greater than the 60-day minimum suspension is in order.”

Per Curiam

Concurring: ABRAHAMSON, J

Dissenting: ROGGENSACK, C. J., joined by ZIEGLER, J. dissent (Opinion filed). GABLEMAN, J. dissents (Opinion filed).

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Attorney Derek A. Hawkins is the managing attorney at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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