Former Husch Blackwell lawyer faced with reprimand for lying about inactive license

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A former lawyer at Husch Blackwell’s Milwaukee office is faced with a public reprimand for misleading her employers and clients about her inactive law license.

The Office of Lawyer Regulation recently filed a complaint against Heather Downs Russell alleging she had practiced law even though her license status was inactive. In August 2015, Downs Russell was hired by the firm Whyte Hirschboeck Dudek even though, in her offer letter, she said couldn’t call herself an attorney because her license was inactive. To reactivate the license, Downs Russell would have needed to complete 60 hours of continuing legal education.

Without taking that step, Downs Russell started working at Whyte Hirschboek in September. In doing so, the OLR alleges, she misled the firm, her colleagues and her clients.

Whyte Hirschboeck merged with Husch Blackwell’s Milwaukee office in July 2016. Downs Russell later signed an employment agreement with Husch Blackwell making her a senior counsel attorney. Husch Blackwell assumed she had an active license.

In May 2017, Downs Russell said she that wasn’t practicing law and that her license status was marked as inactive on her 2018 State Bar dues statement. Even so, according to the OLR, she was still working as an attorney at Husch Blackwell.

Downs Russell later completed the required CLE credit hours and, in August 2017, requested a return to active status. She also presented a copy of the OLR’s investigation of her status to Husch Blackwell’s compliance counsel. Husch Blackwell suspended her employment pending the OLR investigation.

The Supreme Court of Wisconsin granted Downs Russell’s request to return to active status. Even so, she is now faced with four counts for her alleged misleading of her employer, her clients and the state about the status of her license. The OLR is asking the state Supreme Court to publicly reprimand her and grant an award of costs.

Husch Blackwell told the Wisconsin Law Journal that Downs Russell was no longer employed at the firm. Follow @WLJReporter