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The Court entered the following order on
this date:
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The Office of Lawyer Regulation (OLR) and
Attorney Timothy Michael Whiting have
stipulated, pursuant to SCR 22.12, for
reciprocal discipline under SCR 22.22.
Attorney Whiting has been licensed to
practice law in Wisconsin since 1994 and his
Wisconsin license is currently in good
standing. He was admitted to practice law in
Illinois in 1995.
Pursuant to a January 28, 2003 order of
the Illinois Supreme Court, Attorney Whiting
was censured for misconduct consisting of:
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· Soliciting professional employment from
a prospective client who is neither a
relative nor close friend of the lawyer, or
person with whom the lawyer or lawyer's firm
has had no prior professional relationship,
and failing to label a letter and its
envelope to a prospective client as
advertising material, in violation of Rule
7.3(a)(1) and (2) of the Illinois Rules of
Professional Conduct;
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· Soliciting a prospective client when
the lawyer reasonably should know that the
physical or mental state of the person is
such that the person could not exercise
professional judgment in employing a lawyer,
in violation of Rule 7.3(b)(1) of the
Illinois Rules of Professional Conduct;
and
· Conduct which tends to bring the courts
or legal profession into disrepute, in
violation of Illinois Supreme Court Rule
771.
SCR 22.22(3) provides that this court shall
impose the identical discipline or license
suspension unless the procedure in the other
jurisdiction was so lacking in notice or
opportunity to be heard as to constitute a
due process violation; there was such an
infirmity of proof establishing the
misconduct that this court should not accept
as final the misconduct finding; or the
misconduct justifies substantially different
discipline here. Neither OLR nor Attorney
Whiting contend, nor does this court find,
that any of these three exceptions exist.
Accordingly,
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IT IS ORDERED that Attorney Timothy Michael
Whiting is publicly reprimanded.
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