OLR Compendium > Disciplinary Proceedings Against Rothstein

Disciplinary Proceedings Against Rothstein

2010 WI 30, 324 Wis. 2d 37, 781 NW 2d 490 (2010)

ATTORNEY disciplinary proceeding. Attorney's license revoked.

¶1 PER CURIAM. This is a reciprocal discipline matter. We review the stipulation entered by Attorney Thomas A. Rothstein and the Office of Lawyer Regulation (OLR) for the imposition of discipline reciprocal to that imposed by the Minnesota Supreme Court. After our review of the matter, we accept the stipulation. By virtue of having been disbarred by the Minnesota Supreme Court for violation of the Minnesota Rules of Professional Conduct, Attorney Rothstein is subject to reciprocal discipline in Wisconsin. We revoke Attorney Rothstein's license to practice law in Wisconsin. The OLR does not seek costs. Accordingly, no costs will be imposed.

¶2 Attorney Rothstein was admitted to the State Bar of Wisconsin in 1999. He was admitted to practice law in Minnesota in 1991. On September 3, 2009, Attorney Rothstein's Wisconsin law license became inactive. His law license remains inactive.

¶3 On October 14, 2009, Attorney Rothstein pled guilty to one count of felony theft by swindle in an amount more than $35,000, in violation of Minn. Stat. § 609.52, subds. 2(4) and 3(1). His guilty plea was based on his misappropriation of funds from the law firm where he worked as a partner. Attorney Rothstein's misconduct violated the Minnesota Rules of Professional Conduct. The stipulation between Attorney Rothstein and the OLR states that by virtue of being disbarred by the Minnesota Supreme Court for his misconduct, Attorney Rothstein is subject to reciprocal discipline pursuant to SCR 22.22. Attorney Rothstein stipulates that he does not claim any of the potential defenses articulated in SCR 22.22(3)(a)- (c). Attorney Rothstein stipulates to the revocation of his license to practice law in Wisconsin, reciprocal to the discipline imposed in Minnesota.

¶4 The stipulation was filed pursuant to SCR 22.12, with the request that the court consider the disciplinary complaint and stipulation without the appointment of a referee. The stipulation states it is not the result of plea bargaining, that Attorney Rothstein admits the facts and misconduct alleged, and that Attorney Rothstein verifies he fully understands the misconduct allegations. He stipulates he fully understands the ramifications should the court impose the stipulated level of discipline; he fully understands his right to contest the matter and his right to consult with and retain counsel. Attorney Rothstein acknowledges he has retained counsel and he enters into the stipulation knowingly and voluntarily. He understands that revocation of his law license will result in his law license remaining revoked until and unless he successfully petitions for reinstatement, pursuant to the procedures set forth in SCRs 22.29-22.33.

¶5 Upon our review of the matter, we accept the stipulation and impose discipline identical to that imposed by the Minnesota Supreme Court. See SCR 22.22(3).

¶6 IT IS ORDERED that the license of Thomas A. Rothstein to practice law in Wisconsin is revoked, effective the date of this order.

¶7 IT IS FURTHER ORDERED that Thomas A. Rothstein shall comply with the provisions of SCR 22.26 concerning the duties of a person whose license to practice law in Wisconsin has been revoked.