¶4 In 2011, Attorney Hammis was suspended for four months for ten counts of misconduct involving two clients. The misconduct included practicing law while administratively suspended and failing to cooperate with the OLR's investigation. In re Disciplinary Proceedings Against Hammis, 2011 WI 3, 331 Wis. 2d 19, 793 N.W.2d 884. In 2015, Attorney Hammis' license was suspended for 90 days for nine counts of misconduct, including failure to timely report an Ohio misdemeanor conviction to the OLR or the clerk of this court; failing to communicate with an incarcerated client; retaining an advance fee despite taking little or no action in the matter; failing to hold the advance fee in trust; and failing to cooperate with the OLR's investigation. In re Disciplinary Proceedings Against Hammis, 2015 WI 14, 361 Wis. 2d 1, 859 N.W.2d 108.

¶5 On September 25, 2014, the OLR filed a complaint alleging 46 counts of misconduct against Attorney Hammis. Attorney Hammis filed an answer on January 5, 2015. On August 27, 2015, the OLR filed an amended complaint alleging 49 counts of misconduct. Attorney Hammis filed an answer on January 19, 2016.

¶6 On September 29, 2016, the parties filed a stipulation, and Attorney Hammis entered a no contest plea to 40 counts of misconduct. Attorney Hammis agreed that the referee could use the allegations of the amended complaint as an adequate factual basis to support findings of misconduct as to each of the counts to which Attorney Hammis was pleading no contest. The OLR withdrew nine counts of misconduct. Attorney Hammis agreed that the referee's report should recommend that the court order him to make restitution to one client, R.G., in the amount of $400. The parties further agreed that the issue of the appropriate level of discipline to be imposed for Attorney Hammis' misconduct would be addressed on briefs.

¶7 On January 6, 2017, the parties filed a stipulation of facts specifying that the referee may use specific allegations in the amended complaint as an adequate factual basis to support findings of misconduct as to each of the misconduct counts to which Attorney Hammis pled no contest. The referee issued her report and recommendation on September 14, 2017.

¶8 The counts to which Attorney Hammis pled no contest involved nine separate client matters as well as numerous trust account and other violations.

¶9 According to the amended complaint, in 2006 Attorney Hammis represented G.L. in several criminal cases. The representation ended sometime in 2006 or 2007. In early 2008, the Department of Corrections revoked G.L.'s probation and G.L. was resentenced. G.L. hired Attorney Hammis to appeal his post-revocation sentences. In October 2008, Attorney Hammis wrote to G.L. saying he had mailed a copy of the original sentencing transcript to G.L. "a month ago" and the letter had been returned. Actually Attorney Hammis had just obtained a transcript within the prior two weeks and had not mailed anything to G.L. since June 2008. Attorney Hammis did not file a notice of appearance in the case until January 2009. That same month G.L. asked Attorney Hammis for information about the cost of representation but Attorney Hammis never responded.

¶11 In 2010, B.D. was employed as a recreation director for the City of Janesville (City). On November 5, 2010, Janesville sent B.D. a "Pre-determination Notice of Discharge." B.D. met with Attorney Hammis regarding her employment and paid him an advance fee of $2,000. B.D. signed a written fee agreement which allowed Attorney Hammis to deposit the fee into his business account. The agreement required Attorney Hammis to send B.D. a written accounting of his fees at the end of his representation. Attorney Hammis told B.D. he would attend any meetings with the City.

¶12 On December 6, 2010, the City terminated B.D.'s employment. That same day, B.D. instructed Attorney Hammis to file a discrimination complaint against the City. Attorney Hammis prepared a complaint but never filed it.

¶13 On February 23, 2011, Attorney Hammis believed he ceased representing B.D. He never provided her with an accounting. In March of 2011, B.D. filed a grievance against Attorney Hammis with the OLR. Attorney Hammis failed to respond to numerous OLR requests for a response to the grievance. Attorney Hammis eventually responded to the OLR in July 2011 indicating he had time sheets and phone records for his representation of B.D. The OLR requested Attorney Hammis to provide that information, but Attorney Hammis failed to provide it.

¶15 In 2002, M.K. filed for divorce from S.K. Attorney Hammis agreed to represent S.K. in the matter in June of 2009. In November of 2010, the circuit court found S.K. in contempt and ordered him to spend 45 days in jail, commencing December 1, 2010.

¶17 In May 2010, R.B. hired Attorney Hammis to represent him in an automobile accident case. The parties agreed that R.B. would receive the first $4,800 collected, while Attorney Hammis would advance all expenses and recover anything in excess of $4,800. Attorney Hammis filed a complaint in the case in June 2010. He subsequently negotiated settlements for R.B. with two insurance companies. One of the companies mailed Attorney Hammis a check in early August 2010 along with a release for R.B.'s signature. Attorney Hammis asked R.B. to lower his share of the settlement to $4,500. R.B. reluctantly agreed. Attorney Hammis deposited the check in his trust account but never obtained R.B.'s signature on the release or sent a signed release to the insurance company.

¶18 On or around August 13, 2010, Attorney Hammis gave R.B. a trust account check for $4,500. Attorney Hammis failed to send a check to another insurance company for their subrogation interest. By January 27, 2011, the trust account's balance was $1,000 less than the second insurance company was owed for their subrogation interest. In February 2011, the circuit court dismissed the R.B. case with prejudice because although the parties had reported a settlement, no dismissal order was submitted.

¶19 In the summer of 2011, both insurance companies filed grievances with the OLR against Attorney Hammis. Attorney Hammis did not respond to the OLR's initial requests for information about the grievances. He subsequently provided partial responses. In December 2011, Attorney Hammis closed the trust account, which then had a balance of $9.07, having never disbursed the $1,489.82 due to the subrogated insurance carrier.

¶20 On December 14, 2011, the OLR filed a motion requesting an order to show cause with this court due to Attorney Hammis' noncooperation with the OLR's investigation. An order to show cause was issued. On December 30, 2011, Attorney Hammis sent the subrogated insurance carrier a "replacement check" for $1,489.82 with a cover letter representing that he had previously sent a check on August 13, 2010.

¶21 The OLR withdrew its motion for an order to show cause on January 9, 2012. On January 20, 2012, the credit union on which the check was drawn refused to honor the check. The account was closed four days later. In May of 2012, Attorney Hammis sent the subrogated insurance carrier a check dated April 17, 2012, for $1,489.82 drawn on a business account at a different bank.

¶22 In July and August 2013, the OLR wrote and then personally served Attorney Hammis with requests for various documents. Attorney Hammis did not timely respond. In September 2013, the OLR filed another motion requesting an order to show cause. An order to show cause was issued. In November 2013, this court temporarily suspended Attorney Hammis' Wisconsin law license due to his failure to cooperate with the OLR's investigation. Attorney Hammis responded to several of the OLR's requests in December 2013. On December 30, 2013, pursuant to the OLR's request, this court reinstated Attorney Hammis' law license.

¶23 On October 7, 2010, Attorney Hammis transferred $15,000 from his trust account to his wife's checking account, leaving the trust account with a shortfall of $1,589.50. On December 14, 2010, Attorney Hammis withdrew $45,000 from the trust account and purchased a cashier's check in that amount. Between July 2010 and December 2011, Attorney Hammis deposited $15,400 of his or his law firm's funds into the trust account but his client ledgers did not reflect those deposits.

¶24 Between July 2010 and February 2011, Attorney Hammis made 56 prohibited Internet or telephone transactions totaling over $250,000 with his trust account. Attorney Hammis failed to identify the client or matter on deposit slips for 19 deposits totaling over $640,000 into the trust account between July 2010 and February 2011. Attorney Hammis' client ledgers indicate that he disbursed more funds then he received for four clients, creating negative balances for those clients in the trust account.

¶26 On May 28, 2010, M.V. hired Attorney Hammis to represent her in her role as the personal representative of an estate. M.V. paid Attorney Hammis $2,000 in advanced fees and signed a written fee agreement. The fee agreement did not authorize Attorney Hammis to use the estate's funds to pay his billings without court approval.

¶27 On August 30, 2010, a Dane County Circuit Court judge named R.B. as special administrator of the estate. On October 4, 2010, Attorney Hammis deposited $150,000 of estate funds into his trust account. On October 5, 2010, Attorney Hammis transferred $1,000 of estate funds out of his trust account for legal fees. On October 8, 2010, Attorney Hammis sent the special administrator's attorney a check for $145,000 representing the estate's funds. An invoice for Attorney Hammis' representation of M.V. dated February 28, 2011, indicated that Attorney Hammis used the $5,000 as a "reserve fee." Attorney Hammis' client ledger indicates that on February 28, 2011, he transferred the remaining $4,000 of estate funds out of his trust account.

¶28 M.V. died on November 16, 2011. On December 7, 2011, D.E. was appointed as special administrator of M.V.'s estate. D.E. hired Attorney Michael Rumpf to represent her. On December 7, 2011, Attorney Rumpf wrote to Attorney Hammis requesting, among other things, that he transfer to Attorney Rumpf any estate funds held in trust, and provide an accounting of those funds. On December 22, 2011, Attorney Hammis transferred his M.V. file to Attorney Rumpf and signed an order for substitution. He did not provide Attorney Rumpf with any billing information, work product, or an accounting of funds.

¶29 Over the next few months, Attorney Rumpf sent Attorney Hammis several requests for the entire M.V. file. Attorney Hammis often did not substantively respond, and he did not give Attorney Rumpf any additional documents.

¶30 On February 28, 2012, D.E. filed a grievance against Attorney Hammis with the OLR. From August through November of 2012, the OLR wrote Attorney Hammis several letters asking him to respond to the grievance, but Attorney Hammis provided no substantive responses.

¶31 On March 13, 2013, the OLR moved this court for an order to show cause why Attorney Hammis' license should not be suspended for failing to cooperate with its investigation of the D.E. grievance and other matters. This court issued an order to show cause on March 15, 2013. On April 2, 2013, Attorney Hammis responded to the OLR's information requests. As a result, the OLR moved to withdraw its motion for a license suspension, and this court dismissed the order to show cause. In April and June 2013, the OLR wrote and personally served Attorney Hammis with requests for more information about the $5,000 estate disbursements, but Attorney Hammis failed to respond.

¶33 On November 3, 2011, R.W. hired Attorney Hammis to draft a deed and a will. In May of 2012, Attorney Hammis drafted the deed and R.W. signed it. In the following months, Attorney Hammis was unresponsive to R.W.'s messages. R.W. filed a grievance against Attorney Hammis in September 2012. Attorney Hammis failed to respond to the OLR's requests to provide information about the grievance. Attorney Hammis did fax a response to the OLR on December 27, 2012. That same day, Attorney Hammis emailed R.W. asking for his and his late wife's social security numbers for a real estate transfer form. This was Attorney Hammis' first communication to R.W. in several months. R.W. sent Attorney Hammis the information.

¶34 As of April of 2013, Attorney Hammis had not filed R.W.'s deed. In May and June of 2013, the OLR wrote to Attorney Hammis asking him to provide additional information about his representation of R.W. Attorney Hammis failed to respond.

¶36 On November 4, 2011, R.G. spoke with Attorney Hammis about setting up a limited liability company (LLC) and drafting related documents. Attorney Hammis said he could do this work within a week. On November 7, 2011, R.G. hired Attorney Hammis, signed a fee agreement, and paid him $400 to set up the LLC. In November and December of 2011, R.G. sent Attorney Hammis several emails asking for updates on drafting the LLC documents. Attorney Hammis responded occasionally to the communications, but never provided an update.

¶37 On December 22, 2011, R.G. emailed Attorney Hammis, terminating his representation and requesting that he refund her fees. Attorney Hammis failed to respond. In March of 2012, R.G. filed a grievance against Attorney Hammis with the OLR. In April 2012 she sued him in small claims court, seeking damages based on his failure to return her fees.

¶38 On April 30, 2012, Attorney Hammis represented that his notary commission was valid when he notarized a document submitted in R.G.'s lawsuit. In fact, Attorney Hammis had not been a licensed notary since January 20, 2011, when the Secretary of State revoked his notary commission.

¶39 On July 13, 2012, Attorney Hammis sent the OLR a response to R.G.'s grievance. As part of the response he sent an "Operating Agreement" and "Contribution Agreement" for the LLC and submitted a case log representing he had drafted the agreements on December 1, 2011. In fact, Attorney Hammis did not draft the agreements until after R.G. had filed her grievance. R.G. obtained a judgment against Attorney Hammis in April 18, 2013.

¶41 In 2008, D.M. hired Attorney Hammis to represent her in a criminal matter. He subsequently represented her in other matters. D.M. filed a grievance against Attorney Hammis in September 2012. Attorney Hammis failed to respond to the OLR's requests for information about the grievance. In March 2013, the OLR moved this court for an order to show cause why Attorney Hammis' license should not be suspended for failure to cooperate with its investigation of D.M.'s grievance and other matters. This court issued an order to show cause on March 15, 2013. Attorney Hammis responded to the OLR's information requests and on April 3, 2013, the OLR moved to withdraw its motion. This court dismissed the motion and order to show cause the following day. In October 2013, the OLR wrote to Attorney Hammis asking for additional information about his representation of D.M. Attorney Hammis never responded.

¶43 On August 9, 2012, G.T. hired Attorney Hammis to obtain title to an automobile and gave him several original documents. G.T. paid Attorney Hammis $500 in fees. Over the next several months, Attorney Hammis failed to respond to G.T.'s communications, except for sending G.T. one email on October 26, 2012. G.T. tried to visit Attorney Hammis' office in late October 2012 but found it locked and closed. G.T. hired another attorney who was also unable to contact Attorney Hammis.

¶44 G.T. filed a grievance against Attorney Hammis on November 7, 2012. Attorney Hammis failed to respond to the OLR's request for information about the grievance. On March 13, 2013, the OLR moved this court for an order to show cause why Attorney Hammis' license should not be suspended for failure to cooperate with its investigation of G.T. and other matters. This court ordered Attorney Hammis to show cause. Attorney Hammis responded to the OLR's information requests and in late March of 2013, he returned G.T.'s original documents and $500. This court dismissed the OLR's motion for an order to show cause based on the OLR's request.

¶46 Attorney Hammis was admitted to practice law in Michigan, but his Michigan law license has been suspended for non- payment of dues since 2001. From 2008 through at least 2012, Attorney Hammis represented himself in emails as an "experienced business and general practice attorney representing businesses and individuals in the State of Wisconsin and Michigan."

¶48 On August 26, 2011, Judge Robert D. Martin suspended Attorney Hammis from practicing before the Bankruptcy Court for the Western District of Wisconsin. Attorney Hammis has not been reinstated from this suspension. In 2012, D.A. contacted Attorney Hammis for help in filing bankruptcy. D.A. did not know that Attorney Hammis had been suspended from bankruptcy practice in the Western District, where D.A. lived. D.A. contacted and met with Attorney Hammis several times in 2012 and 2013 about the proposed bankruptcy. Attorney Hammis completed the forms in a bankruptcy petition for D.A.'s signature.

¶49 On December 3, 2013, Attorney Hammis personally filed D.A.'s bankruptcy petition with the Bankruptcy Court for the Western District of Wisconsin, but he informed the staff that D.A. was proceeding pro se. Attorney Hammis paid the filing fee for D.A.'s bankruptcy with a check from his law firm bank account. In January 2014, Attorney Hammis mailed D.A.'s pay advices to the bankruptcy court. On January 21, 2014, the bankruptcy trustee held a meeting of creditors in D.A.'s bankruptcy. During the hearing, D.A. gave conflicting statements about the assistance he received from Attorney Hammis. At that time, D.A. learned that Attorney Hammis had been suspended from practicing before the bankruptcy court. D.A. consulted another bankruptcy attorney and ultimately obtained a discharge of his debts.

¶51 In her report and recommendation, the referee found that the OLR had met its burden to prove by clear, satisfactory, and convincing evidence that Attorney Hammis committed all of the counts of misconduct to which he pled no contest. The referee noted that virtually all of the conduct stipulated to by Attorney Hammis occurred after the OLR had filed its complaint in Attorney Hammis' first disciplinary matter. The referee said that many of the violations alleged in this case are similar to violations that occurred in Attorney Hammis' two previous disciplinary matters. The referee pointed out that Attorney Hammis stipulated to committing five violations of SCR 20:8.4(c), which would have required the OLR to prove that Attorney Hammis "engaged in conduct involving dishonesty, fraud, deceit or misrepresentation." The referee said that by entering a no contest plea to each of those counts and the facts supporting the counts, Attorney Hammis waived his right to contest that those counts in fact involved fraud, misrepresentation, dishonesty, or deceit. The referee said that Attorney Hammis' argument that those counts involved mere negligence must be ignored.

¶52 The referee also noted that Attorney Hammis pled no contest to ten counts involving trust account violations under SCR 20:1.15, one count involving 56 separate prohibited transactions. The referee said, "perhaps Hammis despises the rules of trust accounting, has not learned them, or finds them too difficult to comply with, and so chooses to ignore them entirely." The referee also said "his subsequent untruthful explanations of what occurred . . . only highlight his inherent dishonesty. It is difficult to understand what lesser corrective discipline than revocation would prompt proper corrective action on his part to ensure compliance with what is required."

¶53 The referee went on to say that in this matter, as in his past disciplinary cases, Attorney Hammis developed a pattern whereby he would avoid answering or responding to the OLR's requests for information about a grievance until an order to show cause had been issued and then would avoid a license suspension by minimally responding to the OLR. The referee pointed out Attorney Hammis pled no contest to 11 counts involving his failure to respond to the OLR's request for information. The referee said Attorney Hammis dismisses all of his violations of the duty to respond to the OLR as justified or minimal and claims little or no sanction should be imposed for those violations.

¶56 The referee said Attorney Hammis' two prior suspensions apparently did nothing to provoke any change in his law business practices. For that reason, the referee agreed with the OLR's recommendation that Attorney Hammis' license to practice law in Wisconsin should be revoked. The referee also recommended, consistent with the terms of the stipulation, that Attorney Hammis be required to pay restitution to R.G. in the amount of $400, if he has not already done so.

¶57 Attorney Hammis' appeal raises three issues: (1) Did the referee err in the introduction and utilization of facts and subsequent conclusions that were not stipulated by the parties? (2) Is the use of the OLR of unknown and undisclosed subpoenas and discovery with financial institutions a violation of due process? (3) Did the referee err in the recommendation that Attorney Hammis' license be revoked?

¶58 Attorney Hammis says the parties' stipulation and his no contest plea and separate stipulation of facts "were a balanced and negotiated decision made by the parties to assure that the format of the briefing and arguments of the parties would follow a series of facts that were the result of the agreements of the parties." He says the referee's report made reference to "multiple very specific incorrect or non- stipulated facts." He accuses the referee of stepping outside the stipulation of facts reached by the parties. He says "the degree and damage to such stepping out is not completely determinable." He says the referee's reliance on non-stipulated facts should be considered the "fruit of the poisonous tree."

¶59 Attorney Hammis notes that SCR 22.03(8) provides that the OLR director may subpoena the respondent and others and compel any person to produce pertinent books, papers and documents. He argues this rule is contrary to Wis. Stat. § 805.07 which outlines the process and procedure for the service and notification to parties of subpoenas. He says, "once again the 'fruit of this poisonous tree' are significant. . . ."

¶60 Most significantly, Attorney Hammis argues that the referee erred in adopting the OLR's recommendation that Attorney Hammis' law license should be revoked. He argues that his misconduct does not demonstrate a pattern of intentionally inflicted harm, malfeasance or financial malfeasance to any of his clients. He says without question he did make mistakes that were in violation of supreme court rules, but he attempts to paint the misconduct as not being all that serious.

¶61 Contrary to the referee's conclusion that there is little hope Attorney Hammis will modify his behavior and that he has shown little remorse for his actions, Attorney Hammis argues he has acknowledged his errors and mistakes. Rather than revocation of his license, he says a one- year suspension would be an appropriate sanction. In the alternative, he asks that the entire referee report be set aside and a new referee appointed "and that counts connected to the issued subpoenas, [R.B.] and the Trust account issues are duly dismissed."

¶62 The OLR takes the position that this court should endorse the referee's report, revoke Attorney Hammis' license, and order him to pay $400 restitution to R.G. The OLR argues that the referee's findings of fact are supported by the record and are not clearly erroneous. The OLR says none of the facts that Attorney Hammis argues were outside of the parties' stipulation are material to the misconduct. The OLR says, "the facts which Hammis identifies on appeal as erroneous or problematic were either immaterial or properly cited in the referee's report."

¶63 The OLR says this court should reject Attorney Hammis' theory that the documents subpoenaed by the OLR "poisoned" the case. The OLR says while disciplinary proceedings generally follow the rules of civil procedure, OLR investigations do not, and the supreme court rules do not require the OLR to notify a respondent when it subpoenas documents during a confidential investigation.

¶64 As to the appropriate sanction, the OLR says revocation is warranted. It points out Attorney Hammis' misconduct involves multiple client matters and 40 counts of misconduct ranging from abandonment of clients, to misleading clients, to false notarization, to practicing bankruptcy law while suspended, to serious trust account malfeasance, and multiple willful failures to cooperate with OLR investigations into his conduct. The OLR says Attorney Hammis' misconduct reaches almost every aspect of practicing law and shows a pervasive pattern of disregarding the Rules of Professional Conduct.

¶67 By entering into the stipulation and by pleading no contest, Attorney Hammis has admitted the factual basis underlying the 40 counts of misconduct. The only legitimate challenge he can lodge to the referee's report is the recommended sanction of revocation. It was appropriate for the referee to note similarities between the misconduct at issue here and the misconduct for which Attorney Hammis was previously disciplined, which led her to conclude he had learned nothing from his previous mistakes. Similarly, Attorney Hammis' complaints about the OLR's subpoenaing his bank records is unavailing since he has admitted the trust account and other banking violations.

¶70 While Attorney Hammis portrays himself as remorseful and says he has accepted responsibility for his transgressions, some of his statements at oral argument call those assertions into question. Attorney Hammis' representation of R.G. is illustrative. R.G. retained Attorney Hammis in November of 2011 and paid him $400. Attorney Hammis never did the work. R.G. terminated his representation in December of 2011 and demanded a refund of the $400. R.G. filed a grievance in March of 2012. In April of 2013 she obtained a small claims judgment against him. In September of 2016, Attorney Hammis stipulated that he owed R.G. $400 in restitution. When asked at oral argument why he had not paid R.G. the $400, Attorney Hammis replied that he was "waiting for a court order." The small claims court rendered a judgment in favor of R.G. six years ago, and Attorney Hammis stipulated two and a half years ago that he needed to pay R.G. the $400. The fact that this modest sum remains unpaid in 2019 belies Attorney Hammis' claim that he is remorseful and has fully accepted responsibility for his actions.

¶71 Revocation is the most serious sanction that may be imposed under our attorney disciplinary system and it is reserved for the most egregious cases. Although Attorney Hammis' misconduct was undeniably very serious, we are not convinced that it rises to the level of warranting revocation. We note that the misconduct at issue here occurred between 2008 and 2012. Attorney Hammis stated at oral argument that he stepped away from his general legal practice in 2011 or 2012. Since that time he has performed some legal work for a company with which he has a long- term relationship. He says he currently is representing a defendant in one felony criminal case.

¶72 While no two disciplinary matters are identical, we find this case to be somewhat similar to In re Disciplinary Proceedings Against Bryant, 2015 WI 7, 360 Wis. 2d 625, 858 N.W.2d 681. Attorney Bryant stipulated to a three-year suspension for 37 counts of misconduct including one violation of SCR 20:8.4(c) and multiple counts of failing to take meaningful action or advance his clients' interests, failing to properly hold unearned fees and advanced payment of fees in trust, converting client funds to pay himself attorney's fees, and failing to cooperate in the OLR's investigations. Attorney Bryant had a previous consensual private reprimand.

¶73 In addition, this case is somewhat similar to In re Disciplinary Proceedings Against Dahle, 2015 WI 29, 361 Wis. 2d 430, 862 N.W.2d 582. Attorney Dahle committed 55 counts of misconduct, including borrowing or taking some $400,000 from clients without regard to conflict of interest restrictions and requirements. Attorney Dahle had no prior disciplinary history. We suspended her law license for two years and six months. Although the amount of money converted or mishandled by Attorney Hammis is much less, he does have a prior disciplinary history and he repeatedly failed to respond to the OLR's request for information after his clients had filed grievances and only when served with an order to show cause and faced with the possible suspension of his law license did he finally respond to the OLR's inquiries. Under the unique facts of this case, we conclude that a three-year suspension of Attorney Hammis' license to practice law in Wisconsin is an appropriate sanction for his misconduct.

¶74 We also deem it appropriate to impose various conditions upon Attorney Hammis' resumption of the practice of law, in the event his law license is reinstated. Those conditions include practicing law under the supervision of a legal mentor approved by the OLR for a period of two years after his license is reinstated; a prohibition upon ever maintaining a trust account; and limiting his practice to performing legal work for his corporate client and assisting family and friends in legal matters. We also order Attorney Hammis to make restitution in the amount of $400 to R.G., and we order him to pay the full costs of this proceeding.

¶75 IT IS ORDERED that the license of James Edward Hammis to practice law in Wisconsin is suspended for a period of three years, effective July 3, 2019.

¶76 IT IS FURTHER ORDERED that James Edward Hammis shall pay restitution of $400 to R.G.

¶77 IT IS FURTHER ORDERED that within 60 days of the date of this order James Edward Hammis shall pay to the Office of Lawyer Regulation the costs of this proceeding, which are $13,160.22 as of March 4, 2019.

¶78 IT IS FURTHER ORDERED that the restitution to R.G. specified above is to be completed prior to paying costs to the Office of Lawyer Regulation.

¶79 IT IS FURTHER ORDERED that, as conditions of reinstatement of his license to practice law in Wisconsin, James Edward Hammis be subject to the following: (1) practicing law under the supervision of a legal mentor approved by the Office of Lawyer Regulation for a period of two years; (2) a prohibition upon ever maintaining a trust account; and (3) limiting his practice to performing legal work for his corporate client and assisting family and friends in legal matters.

¶80 IT IS FURTHER ORDERED that James Edward Hammis shall comply with the provisions of SCR 22.26 concerning the duties of a person whose license to practice law in Wisconsin has been suspended.

¶82 ANNETTE KINGSLAND ZIEGLER, J. (dissenting). Attorney Hammis stated, both in his brief and at oral argument, that in 2012 he virtually discontinued his legal practice, with the exception of occasionally assisting family members and friends—— usually without charge——and performing three to five hours of legal work per month for a longtime corporate client. He no longer has a trust account and does not make his living from practicing law. He stated he has no intention of expanding his legal practice in the future. He has expressed remorse for his admitted misconduct and questions what more he could have done in the past seven years to alleviate concerns that his extremely limited practice would be a threat to his clients or the legal profession.

¶83 The majority acknowledges that all of the misconduct at issue here occurred prior to 2015, when Attorney Hammis' license was suspended for 90 days, and some of the misconduct occurred prior to the four-month suspension imposed in 2011. Indeed, the complaint in this matter was filed nearly five months before the court issued its order imposing the 2015 suspension. The serial nature of the OLR's complaints against Attorney Hammis appears to expose a flaw in Wisconsin's attorney regulatory system. If the misconduct counts at issue in this case and the counts at issue in the case resulting in the 90-day suspension had been prosecuted at the same time, the resulting discipline may well have been less than the three years and three months that was imposed in the two separate cases. In spite of the fact that Attorney Hammis has virtually not practiced law since 2012 and has committed no misconduct since 2015, he is nonetheless being suspended for an additional three years in 2019 for misconduct that occurred long ago. While the passage of time should not excuse misconduct, the majority fails to adequately justify why a three-year suspension is warranted given that the previous suspensions were for four months and 90 days and there has been no misconduct in the past four years.

¶84 The Office of Lawyer Regulation Procedures Review Committee recently filed a series of administrative rule petitions dealing with various aspects of Wisconsin's attorney regulatory system. The Committee was tasked with reporting to this court any recommendations that would increase the efficiency, effectiveness, and fairness of the OLR process. In my view, this case raises issues that warrant the court's review when it takes up the rules petitions.

¶85 Given the facts and procedural history of this case, I am unable to conclude that a three-year suspension is warranted. Therefore, I respectfully dissent.