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ATTORNEY disciplinary proceeding.
Attorney's license suspended.
¶1 PER CURIAM. This is a reciprocal
discipline matter. On February 5, 2020, the
Office of Lawyer Regulation (OLR) filed a
complaint and motion pursuant to Supreme
Court Rule (SCR) 22.22, asking this court to
suspend Attorney Michael W. Starkweather's
license to practice law in Wisconsin for a
period of 36 months, as discipline
reciprocal to that imposed by the United
States Patent and Trademark Office (USPTO).
Upon review, we agree that it is appropriate
to suspend Attorney Starkweather's law
license for a period of 36 months. Although
the OLR's complaint did not address this
subject, we also follow our practice of
ordering Attorney Starkweather to comply
with the terms and conditions of the USPTO
disciplinary order, including a two-year
period of probation. We do not impose
costs.
¶2 Attorney Starkweather was admitted
to practice law in Wisconsin in 1988. He
was registered as a patent attorney by the
USPTO in 1990. The most recent address
furnished by Attorney Starkweather to the
State Bar of Wisconsin is in Tampa, Florida.
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¶3 Attorney Starkweather's Wisconsin
license was suspended effective October 31,
2019 for failure to pay bar dues and for
failure to comply with trust account
certification requirements. His Wisconsin
license remains administratively suspended at
the present time. Attorney Starkweather was
also publicly reprimanded in 2012 for
appearing in federal bankruptcy court in Utah
without being admitted to practice in the
state or federal courts of Utah. Public
Reprimand of Michael W. Starkweather, No.
2012-6 (electronic copy available at
https://compendium.wicourts.gov/app/raw/002474
.html).
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¶4 According to the documents attached
to the OLR's complaint, on October 17, 2019,
the USPTO issued an order suspending
Attorney Starkweather's ability to practice
before the USPTO for 36 months as a result
of his failure to provide competent
representation in a reasonably prompt,
diligent, honest manner to the inventors he
took on as clients. More specifically, the
USPTO found Attorney Starkweather violated
37 C.F.R. §§ 11.101 (competency); 11.102(a)
(failing to abide by a client's decisions
concerning the representation objectives);
11.103 (diligence); 11.104(a)(1) and (b)
(failing to explain a matter to the extent
reasonably necessary to enable the client to
make an informed decision); 11.104(a)(2)
(failing to reasonably consult with a client
about the means by which the client's
objectives are to be accomplished);
11.104(a)(3) (failing to keep client
reasonably informed about the status of a
matter); 11.107(a) (failing to obtain
informed consent in writing from clients
where the representation involved a
concurrent conflict of interest); 11.303(a)
(1), (3) and (d) (knowingly making false
statements of fact to a tribunal); 11.504(c)
(permitting an entity which recommended,
employed, or paid the respondent-lawyer to
direct or regulate the respondent-lawyer's
professional judgment); 11.804(c) and (d)
(engaging in conduct involving dishonesty,
fraud, deceit or misrepresentation); and
11.804(d) (engaging in conduct that is
prejudicial to the administration of
justice). See In the Matter of
Michael W. Starkweather, Proc. No. D2018-
44 (USPTO Oct. 17, 2019).
¶5 The USPTO order also states that
Attorney Starkweather's future reinstatement
by the USPTO, if any, shall be conditioned
on, among other things, attaining a certain
score on the Multistate Professional
Responsibility Exam (MPRE) and completing 12
hours of continuing legal education courses
on certain subjects. Id. In addition, the
USPTO order states that, if reinstated,
Attorney Starkweather must serve a two-year
probationary period with a number of
specified conditions. Id.
¶6 On February 5, 2020, the OLR filed a
complaint against Attorney Starkweather
alleging that, by virtue of the suspension
imposed by the USPTO on October 17, 2019,
Attorney Starkweather is subject to
reciprocal discipline in Wisconsin pursuant
to SCR 22.22. The OLR's complaint also
alleged that by failing to notify the OLR of
his suspension by the USPTO within 20 days
of the effective date of its imposition,
Attorney Starkweather violated SCR 22.22(1).
¶7 On July 7, 2020, this court directed
Attorney Starkweather to inform the court in
writing within 20 days of any claim by him,
predicated upon the grounds set forth in SCR
22.22(3), that the imposition of discipline
reciprocal to that imposed by the USPTO
would be unwarranted, and of the factual
basis for any such claim. Attorney
Starkweather did not file a response.
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¶8 Under our rules and precedent, this
court shall impose the identical discipline
imposed by the USPTO unless one or more of
the enumerated exceptions in SCR 22.22(3) is
shown. See SCR 22.22(3); see also
In re
Disciplinary Proceedings Against
Schwedler,
2017 WI 54, ¶5, 375 Wis. 2d 426, 895 N.W.2d
409 (imposing reciprocal discipline based on
the USPTO's disciplinary action). There is
no indication that any of those exceptions
apply in this case. In addition, although
certain elements of the USPTO disciplinary
order are generally not imposed in Wisconsin
disciplinary proceedings (e.g., imposition
of a probationary term, the requirement of a
particular score on the MPRE), this court's
practice in like situations is to order the
respondent-lawyer to comply with the terms
and conditions imposed by the disciplinary
order in the other jurisdiction in order to
make the discipline identical under SCR
22.22. See, e.g., In re
Disciplinary
Proceedings Against Hooker, 2010 WI 13,
¶11,
322 Wis. 2d 552, 779 N.W.2d 419; In re
Disciplinary Proceedings Against Moree,
2004
WI 118, 275 Wis. 2d 279, 684 N.W.2d 667. We
do so here.
¶9 We do not impose the costs of this
proceeding on Attorney Starkweather.
See In
re Disciplinary Proceedings Against
Hooker,
2012 WI 100, ¶26, 343 Wis. 2d 397, 816
N.W.2d 310 (noting that in reciprocal
discipline cases where a referee is not
appointed, costs are generally not imposed
as there are no referee expenses and the
proceedings are less involved).
¶10 IT IS ORDERED that the license of
Michael W. Starkweather to practice law in
Wisconsin is suspended for a period of 36
months, effective the date of this order.
¶11 IT IS FURTHER ORDERED that Michael
W. Starkweather 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.
¶12 IT IS FURTHER ORDERED that
compliance with all conditions of this
order, and compliance with all conditions of
the disciplinary order imposed on Michael W.
Starkweather by the United States Patent and
Trademark Office, are required for
reinstatement. See SCR 22.29(4)(c).
¶13 IT IS FURTHER ORDERED that the
administrative suspension of Michael W.
Starkweather's license to practice law in
Wisconsin, due to his failure to pay bar
dues and failure to comply with trust
account certification requirements, will
remain in effect until each reason for the
administrative suspension has been
rectified, pursuant to SCR 22.28(1).
¶14 IT IS FURTHER ORDERED that Michael
W. Starkweather's pending petition to resign
his license to practice law in Wisconsin
shall be addressed in a separate order.
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