Attorney Disciplinary Hearing

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WI Supreme Court

Case Name: Office of Lawyer Regulation v. Kathleen Anna Wagner

Case No.: 2019 WI 81

Focus: Attorney Disciplinary Hearing

Attorney Kathleen Anna Wagner has appealed a report filed by Referee James C. Boll, concluding that Attorney Wagner committed two counts of professional misconduct and recommending that she be privately reprimanded. The Office of Lawyer Regulation (OLR) has now that asked one of those counts be dismissed. Thus, what is before the court is Attorney Wagner’s challenge to the referee’s conclusion that she violated Supreme Court Rule (SCR) 20:1.5(b)(3). Attorney Wagner has also challenged the referee’s recommendation that she be assessed the full costs of this proceeding.

Upon careful review of this matter, we conclude that although Attorney Wagner did violate SCR 20:1.5(b)(3), the violation does not warrant the imposition of any discipline. In addition, we find it appropriate, under the unique facts of this case, to depart from our normal custom of imposing full costs, which are $40,639.72 as of March 4, 2019. Instead, we deem it appropriate to require Attorney Wagner to pay $4,500 in costs.

Professional misconduct found; no discipline imposed.

Concur:

Dissent:

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.