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Tag Archives: Professional Responsibility

2006AP2430-D OLR v. Gamino

Professional Responsibility Reinstatement Where attorney Carlos A. Gamino has met the requirements for reinstatement, reinstatement is proper. “The court has carefully evaluated whether Attorney Gamiño has indeed met the requirements for reinstatement of his license to practice law in Wisconsin. We remain troubled by the very serious misconduct he committed and its impact on some vulnerable clients. Attorney ... Subscribe ...

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2009AP773-D OLR v. Nunnery

Professional Responsibility Revocation Where attorney Willie J. Nunnery is guilty of multiple aggravated acts of misconduct and has a history of discipline, revocation is appropriate. “Attorney Nunnery's professional misconduct requires the severest level of discipline that we impose, namely, the revocation of his license to practice law in Wisconsin. Attorney Nunnery has repeatedly failed to diligently pursue his ... Subscribe ...

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2008AP570-D OLR v. Crandall

Professional Responsibility Suspension Where attorney Eric L. Crandall attempted to “strong-arm” a client into withdrawing a grievance, a five month suspension is appropriate. “Turning to the question of the appropriate level of discipline, we conclude that a five-month suspension is proper in this case.  Like the referee, we are most troubled by Attorney Crandall's letter to D.P. demanding ... Subscribe ...

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1997AP3058-D & 1999AP2223-D BAPR v. Glynn

Professional Responsibility Reinstatement Where attorney Charles Glynn has refrained from alcohol for ten years, and held positions of trust during his suspension, reinstate is appropriate. “Attorney Glynn has refrained from all alcohol for ten years. He has held positions of significant trust and has managed finances of St. Charles and the Wisconsin Athletic Club. Both employers have indicated ... Subscribe ...

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2009AP1830-D OLR v. Grogan

Professional Responsibility Suspension Where attorney William J. Grogan used his trust account as a business and personal account, a 60-day suspension is appropriate. “We are satisfied the record supports the imposition of a 60-day license suspension, together with the recommended conditions. We approve the OLR's request for costs of $6,425.53. Attorney Grogan has filed no objection to costs ... Subscribe ...

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2009AP468-D OLR v. Hammis

Professional Responsibility Suspension Where attorney James E. Hammis billed the SPD for work he didn’t perform, practiced law after an administrative suspension, a four-month suspension is appropriate. “Attorney Hammis concedes he committed these ethical violations at a time of significant disruption to his legal practice, while overextended professionally and trying to maintain his practice during the break-up of ... Subscribe ...

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2008AP182-D OLR v. Voss

Professional Responsibility Suspension Where attorney Frederick J. Voss had sexual intercourse with a mentally disturbed client, and disregarded requests from the client not to contact her anymore, a four-year suspension is appropriate. "In determining an appropriate sanction for an attorney who has engaged in misconduct, we must consider the seriousness of the misconduct, as well as the need ... Subscribe ...

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2009AP287-D OLR v. Kostich

Professional Responsibility Public reprimand Where attorney Nikola P. Kostich represented a criminal defendant after being previously retained to represent her victim in a civil action, a public reprimand is appropriate. "Case law supports imposition of a public reprimand for cases involving a single conflict of interest. However, the conflict in this case was egregious. Attorney Kostich's failure to ... Subscribe ...

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D-10-0015 In re Wick

Professional Responsibility Disbarment An attorney cannot resign from the bar to avoid disciplinary proceedings. "Some courts, it seems, allow withdrawal more or less automatically even after disciplinary proceedings have been instituted-even when instituted by the very court from whose bar the lawyer seeks to withdraw. See, e.g., In re Barrett, 549 U.S. 948 (2006) (mem.); In re Clinton, ... Subscribe ...

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2010AP260-D OLR v. Elliott

Professional Responsibility Revocation Where attorney Peter T. Elliott, engaged in a multi-million dollar check-kiting scheme, revocation is appropriate. "With respect to the level of discipline, we wholeheartedly agree with the referee's comment that Attorney Elliott is not fit to be licensed as a lawyer in the state of Wisconsin. He engaged in a lengthy pattern of converting for ... Subscribe ...

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2009AP2007-D OLR v. Torvinen

Professional Responsibility Dismissal Where attorney Kyle H. Torvinen carefully considered whether a conflict of interest existed in his representation of a client, and ultimately did withdraw from representation, the misconduct claim against him is dismissed. "We agree with the referee that Attorney Torvinen exercised sensitive professional and moral judgment, and maintained a professional, courteous and civil attitude toward ... Subscribe ...

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2008AP834-D OLR v. Kessler

Professional Responsibility Dismissal Where attorney Frederick P. Kessler only suggested that another person make a misrepresentation, but did not make one himself, the disciplinary proceedings against him must be dismissed. "The rule does, however, require that there be, at a minimum, a dishonest or deceitful statement or a misrepresentation. That did not occur in this case. Attorney Kessler's ... Subscribe ...

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2009AP1529-D OLR v. Kessler

Professional Responsibility Dismissal Where the referee's finding that Judge Joan F. Kessler did not lie to investigators was not clearly erroneous, the disciplinary proceedings against her must be dismissed. "The only possible grounds to overturn the referee's factual findings, then, are inferences. As the referee acknowledged, one could certainly draw inferences adverse to the ones drawn by the ... Subscribe ...

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2009AP3177-D OLR v. Kramer

Professional Responsibility Revocation Where attorney Mark R. Kramer committed 69 violations of the rules, including converting client funds, revocation is appropriate. "It is clear that Attorney Kramer's professional misconduct requires the severest level of discipline that we impose, namely, the revocation of his license to practice law in Wisconsin. Attorney Kramer engaged in a pattern of lying to ... Subscribe ...

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06-cv-611 Silicon Graphics, Inc., v. ATI Technologies, Inc.

Professional Responsibility Choice of law Wisconsin's rules governing conflicts of interest do not apply in federal court. "Despite the lack of a clear holding in this circuit, I agree with defendants that federal law is controlling. As a general matter, federal courts apply state law to 'substantive' questions when state law created the underlying cause of action. Bevolo ... Subscribe ...

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2007AP2763-D OLR v. LeSieur

Professional Responsibility Public reprimand Where attorney Barry LeSieur was convicted of OWI, third offense, a public reprimand is appropriate. "[W]e determine that Attorney LeSieur's conduct demonstrates a pattern of disregard for the requirements of the law and calls for the imposition of public discipline. Moreover, it is clear that a private reprimand would not be sufficient to deter ... Subscribe ...

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2005AP1978-D OLR v. George

Professional Responsibility Even though Gary R. George has not acknowledged wrongdoing that led to his criminal convictions, reinstatement of his law license is appropriate. "There is nothing in the supreme court rules that requires Attorney George to acknowledge the wrongfulness of his actions before reinstatement. The rules do require Attorney George to have a proper understanding of ... Subscribe Login ...

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2008AP1847-D OLR v. Peiss

Professional Responsibility Suspension Where attorney John H. Peiss had his license in Illinois suspended for one year, reciprocal discipline is appropriate. "After fully reviewing the matter, we adopt the finding gs of fact and conclusions of law set forth in the referee's report. We approve the referee's recommendation and impose the discipline identical to that imposed by the Supreme ... ...

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