Attorney Disciplinary Hearing

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WI Supreme Court

Case Name: Office Lawyer Regulation v. Terry L. Constant

Case No.: 2020 WI 4

Focus: Attorney Disciplinary Hearing

Attorney Terry L. Constant has appealed a report and recommendation filed by Referee Dennis J. Flynn, concluding that Attorney Constant committed eight counts of professional misconduct and recommending that his license to practice law in Wisconsin be suspended for five months. Attorney Constant argues that the referee mistakenly allowed his bank records into evidence; that the Office of Lawyer Regulation (OLR) failed to meet its burden of proof as to the eight counts of  misconduct; that the referee erred in making a credibility determination; and that a five-month suspension of his license to practice law is an excessive sanction. The OLR has filed a cross appeal arguing that a five-month suspension is insufficient and that this court should suspend Attorney Constant’s license for at least one year.

Upon careful review of this matter, we uphold the referee’s findings of fact and conclusions of law. We conclude that a six-month suspension of Attorney Constant’s Wisconsin law license is an appropriate sanction for the misconduct at issue. We also find it appropriate to follow our normal custom of imposing the full costs of this disciplinary proceeding, which are $13,409.63 as of December 10, 2019, on Attorney Constant.

License suspended

Concur:

Dissent: HAGEDORN, J. dissents (opinion filed)

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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.