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In re Disciplinary Proceedings Against Fischer

Supreme Court of Wisconsin

April 16, 2019

In re Matter of Disciplinary Proceedings Against B. C. Fischer, Attorney at Law: Office of Lawyer Regulation, Complainant,
v.
B. C. Fischer, Respondent.

         DISCIPLINARY PROCEEDINGS AGAINST FISCHER

         ATTORNEY disciplinary proceeding. Attorney's license suspended.

          PER CURIAM.

         ¶1 This is a reciprocal discipline matter. On January 14, 2019, the Office of Lawyer Regulation (OLR) filed a complaint and motion pursuant to Supreme Court Rule (SCR) 22.22, [1] requesting this court suspend Attorney B.C. Fischer's license to practice law in Wisconsin for a period of 90 days, and direct him to comply with the terms of a Minnesota court order, as reciprocal discipline identical to that imposed by the Minnesota Supreme Court.

         ¶2 Attorney Fischer and the OLR executed a stipulation, in which Attorney Fischer agrees that he should be suspended for a period of 90 days as discipline reciprocal to that imposed by the Supreme Court of Minnesota, and directed to comply with the conditions imposed by the Minnesota court. Upon our review, we accept the stipulation and we suspend Attorney Fischer's license to practice law in Wisconsin for a period of 90 days and order him to abide by the terms imposed by the Supreme Court of Minnesota. The OLR does not seek costs. Because the parties were able to resolve this matter without appointment of a referee, no costs will be imposed.

         ¶3 Attorney Fischer was admitted to practice law in Wisconsin in 2002. His Wisconsin law license is currently suspended for failure to comply with continuing legal education reporting requirements, for failure to pay annual bar dues, and for failure to provide a required trust account certification.

         ¶4 Attorney Fischer is also admitted to practice law in Minnesota under the name Brian Campbell Fischer. He presently resides in Duluth, Minnesota.

         ¶5 Attorney Fischer's professional disciplinary history in Wisconsin consists of 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. In re Disciplinary Proceedings Against Fischer, 2014 WI 107, ___Wis.2d ___, 852 N.W.2d 487; In re Disciplinary Action Against Fischer, 836 N.W.2d 525 (Minn. 2013).

         ¶6 On May 3, 2017, the Supreme Court of Minnesota suspended Attorney Fischer for a minimum of 90 days, and imposed numerous conditions in response to professional misconduct that included 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. The Minnesota court concluded that Attorney Fischer violated Minn. R. Prof. Conduct 1.3, 1.4, 1.16(d), 3.2, 4.1, 8.1(b), and 8.4(c)-(d), and Rule 25, Rules on Lawyers Professional Responsibility.

         ¶7 Fischer did not notify the OLR of the Minnesota suspension within 20 days of its effective date.

         ¶8 On September 12, 2017, the Minnesota Court conditionally reinstated Attorney Fischer from the 90-day suspension, and placed him on probation for two years, with conditions. In re Disciplinary Action Against Fischer, 901 N.W.2d 155 (Minn. 2017).

         ¶9 In its complaint, the OLR alleged that Attorney Fischer is subject to reciprocal discipline and that, by failing to notify the OLR of his suspension in Minnesota for professional misconduct within 20 days of the effective date of its imposition, Attorney Fischer violated SCR 22.22(1).

         ¶10 On February 22, 2019, Attorney Fischer and the OLR filed a stipulation, agreeing that by virtue of his Minnesota suspension as described in the complaint and motion, Attorney Fischer is subject to reciprocal discipline in Wisconsin. Attorney Fischer agrees that it would be appropriate for this court to suspend his law license for a period of 90 days and order that he comply with the terms of the Supreme Court of Minnesota's reinstatement order dated September 12, 2017. The parties state that the stipulation did not result from a plea bargain. Attorney Fischer does not contest the facts and misconduct alleged by the OLR and he agrees to the level of discipline sought by the OLR. Attorney Fischer represents and verifies that he fully understands the misconduct allegations, he fully understands the ramifications should the court impose the stipulated level of discipline, he fully understands his right to contest this matter, he understands his right to consult with and retain counsel, and states that his entry into the stipulation is made knowingly and voluntarily. Attorney Fischer also stipulates that he does not claim any of the potential defenses set forth in SCR 22.22(3) (a)-(c) .

         ¶11 Upon our review of the matter, we accept the stipulation and impose a 90-day suspension, reciprocal to that imposed by the Supreme Court of Minnesota, and we order Attorney Fischer to comply with the terms of the Minnesota ...


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