Disciplinary Proceedings Against Fischer
2022 WI 10, 2/22/2022 (2022)
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ATTORNEY disciplinary proceeding.
Attorney's license suspended.
¶1 PER CURIAM. In this reciprocal
discipline matter, governed by Supreme Court
Rule (SCR) 22.22, Attorney B.C. Fischer has
entered into a stipulation with the Office of
Lawyer Regulation (OLR). In the stipulation,
the parties agree that it would be
appropriate for this court to impose the
level of discipline sought by the OLR as
being reciprocal to the discipline imposed on
Attorney Fischer by the Minnesota Supreme
Court; namely, a 120-day suspension of
Attorney Fischer's license to practice law in
Wisconsin.
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¶2 After reviewing the matter, we
approve the stipulation and impose the
stipulated reciprocal discipline.
Additionally, although the stipulation does
not expressly request that we require
Attorney Fischer to comply with the
conditions imposed by the Minnesota Supreme
Court's disciplinary order, we impose those
conditions here, consistent with the
requirement in SCR 22.22(3) that this court
impose "the identical discipline" as imposed
by the other jurisdiction. Given the fact
that Attorney Fischer entered into a
comprehensive stipulation before the
appointment of a referee, we do not require
him to pay the costs of this proceeding.
¶3 Attorney Fischer was admitted to
practice law in Wisconsin in 2002. He was
admitted to practice law in Minnesota in 2003
under the name Brian Campbell Fischer. The
address he has on file with the State Bar of
Wisconsin is in Duluth, Minnesota.
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¶4 Attorney Fischer's Wisconsin law
license is under administrative suspension.
Specifically, effective October 31, 2016,
Attorney Fischer's Wisconsin law license was
administratively suspended for failure to pay
bar dues and to provide a required trust
account certification. Effective May 31, 2017,
Attorney Fischer's Wisconsin law license was
administratively suspended for failure to
comply with continuing legal education
reporting requirements.
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¶5 Attorney Fischer's professional
disciplinary history in Wisconsin includes a
2014 public reprimand imposed as discipline
reciprocal to that imposed in Minnesota for
professional misconduct. That misconduct
involved failing to supervise a suspended
attorney and assisting a suspended attorney
in the unauthorized practice of law; failing
to provide the Minnesota Director of the
Office of Lawyers Professional Responsibility
with timely notice of employment of a
suspended attorney; using misleading
advertising and law firm signage and
letterhead; neglecting and failing to
communicate with two clients; failing to
comply with a court order; failing to return
client files; failing to expedite litigation;
and noncooperation in disciplinary
investigations. See In re Disciplinary
Proceedings Against Fischer, 2014 WI 107,
_
Wis. 2d _, 852 N.W.2d 487. In addition, in
2019, this court imposed a 90-day suspension
reciprocal to that imposed in Minnesota for
misconduct that involved neglecting six
client matters, failing to communicate with
those clients, making false statements to a
client, failing to return a client's file,
and failing to cooperate with disciplinary
investigations. See In re Disciplinary
Proceedings Against Fischer, 2019 WI 36,
386
Wis. 2d 202, 925 N.W.2d 536.
¶6 On October 20, 2020, the Minnesota
Supreme Court indefinitely suspended Attorney
Fischer's right to practice law in that state
with a right to petition for reinstatement
after 120 days. The Minnesota Supreme Court
also imposed certain conditions upon Attorney
Fischer's reinstatement, discussed below.
The Minnesota Supreme Court's disciplinary
order resulted from professional misconduct
that involved failing to adequately
communicate with a client, failing to
diligently pursue a client's case, failing to
inform the client of his suspension, engaging
in the unauthorized practice of law, failing
to comply with the terms of probation, and
failing to cooperate with the disciplinary
investigation.
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¶7 On July 27, 2021, the OLR filed a
complaint and motion pursuant to SCR 22.22,
alleging that Attorney Fischer is subject to
reciprocal discipline and that, by failing to
notify the OLR of his October 20, 2020
suspension in Minnesota for professional
misconduct within 20 days of the effective
date of its imposition, Attorney Fischer
violated SCR 22.22(1). The OLR asked this
court to suspend Attorney Fischer's license
to practice law in Wisconsin for a period of
120 days as discipline reciprocal to that
imposed by the Minnesota Supreme Court.
¶8 In a stipulation filed December 14,
2021, Attorney Fischer admitted that the
Minnesota Supreme Court had indefinitely
suspended his right to practice law in that
state with a right to petition for
reinstatement after 120 days.
¶9 Under SCR 22.22(3), this court shall
impose the identical discipline or license
suspension imposed in another jurisdiction,
unless one or more of three exceptions apply.
In the stipulation, Attorney Fischer states
that he does not claim that any such
exception applies to his case.
¶10 Given the nature of the Minnesota
suspension, the OLR and Attorney Fischer
agree that it would be appropriate for this
court to impose a 120-day suspension of
Attorney Fischer's license to practice law in
Wisconsin. The stipulation further contains
a number of statements and representations by
the parties. The parties state that the
stipulation was not the result of plea
bargaining, that Attorney Fischer does not
contest the facts and misconduct alleged by
the OLR, and that Attorney Fischer does not
contest the level of reciprocal discipline
sought by the director of the OLR in this
matter. Attorney Fischer further represents
that he fully understands the misconduct
allegations against him, that he fully
understands the ramifications of the
stipulated level of discipline, that he fully
understands his right to consult with counsel
and to contest this matter, that he is
entering into the stipulation knowingly and
voluntarily, and that his entry into the
stipulation represents his decision not to
contest the misconduct alleged or the
discipline sought by the OLR.
¶11 After carefully reviewing this
matter, we accept the stipulation and impose
the stipulated level of discipline. We agree
that the closest manner in which to replicate
the suspension imposed by the Minnesota
Supreme Court is to suspend the license of
Attorney Fischer to practice law in Wisconsin
for a period of 120 days.
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¶12 There is another matter beyond the
imposition of a 120-day suspension that must
be addressed. The Minnesota Supreme Court's
disciplinary order provided that, in order to
be reinstated, Attorney Fischer must
successfully complete the professional
responsibility portion of the written
examination required for admission to
practice law in Minnesota and to satisfy the
relevant continuing legal education
requirements for practice in Minnesota. The
parties' stipulation says nothing about this
requirement.
¶13 However, the stipulation does state
that, by virtue of the Minnesota suspension,
Attorney Fischer is subject to reciprocal
discipline pursuant to SCR 22.22. Subsection
(3) of that rule requires this court to
impose "the identical discipline." Imposing
only a suspension when the other jurisdiction
has imposed additional forms of discipline
would fail to constitute the imposition of
"the identical discipline." See
generally In
re Disciplinary Proceedings Against
Stoltman,
2018 WI 91, ¶11, 383 Wis. 2d 484, 915 N.W.2d
176 (noting that, where the other
jurisdiction has imposed a form of discipline
that this court does not impose, this court
has ordered the respondent attorney to comply
with the terms and conditions of the
disciplinary order in the other jurisdiction
in order to make the discipline identical
under SCR 22.22). By stipulating that he is
subject to reciprocal discipline under SCR
22.22, Attorney Fischer is acknowledging that
this court may order him to comply with the
conditions imposed by the Minnesota Supreme
Court's disciplinary order. Thus, in order
for Attorney Fischer to have his Wisconsin
law license reinstated, even after the
completion of the 120-day suspension, he will
need to submit proof to this court that he
has complied with the conditions imposed by
the Minnesota Supreme Court's disciplinary
order. Once he has provided proof of
compliance, the disciplinary suspension will
be lifted, although his administrative
suspensions will remain in effect until each
reason for the administrative suspension has
been rectified, pursuant to SCR 22.28(1).
See In re Disciplinary Proceedings
Against
Eichhorn-Hicks, 2019 WI 91, ¶¶12, 16, 388
Wis. 2d 478, 933 N.W.2d 106 (imposing, as
discipline reciprocal to that imposed in
Minnesota, a 120-day suspension with
reinstatement conditioned on successful
completion of the professional responsibility
portion of the Minnesota bar examination and
satisfaction of Minnesota's continuing legal
education requirements).
¶14 Because this matter was resolved by a
stipulation without the need for litigation,
we will not require Attorney Fischer to pay
the costs of this proceeding.
¶15 IT IS ORDERED that the license of
B.C. Fischer to practice law in Wisconsin is
suspended for a period of 120 days, effective
the date of this order, as discipline
reciprocal to that imposed by the Minnesota
Supreme Court.
¶16 IT IS FURTHER ORDERED that B.C.
Fischer shall comply with the terms of the
October 20, 2020 order of the Minnesota
Supreme Court. Accordingly, before the 120-
day disciplinary suspension imposed above is
lifted, in addition to complying with the
requirements of SCR 22.28(2), B.C. Fischer
shall also have complied with the conditions
imposed by the Minnesota Supreme Court in its
October 20, 2020 order that must be fulfilled
in order to have his license to practice law
in Minnesota reinstated.
¶17 IT IS FURTHER ORDERED that the
administrative suspensions of B.C. Fischer's
license to practice law in Wisconsin, due to
his failure to pay mandatory bar dues, his
failure to complete his trust account
certification, and his failure to comply with
CLE reporting requirements, will remain in
effect until each reason for the
administrative suspension has been rectified,
pursuant to SCR 22.28(1).
¶18 IT IS FURTHER ORDERED that, to the
extent he has not already done so, B.C.
Fischer 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.
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