In re Matter of Disciplinary Proceedings Against B. C. Fischer, Attorney at Law: Office of Lawyer Regulation, Complainant,
B. C. Fischer, Respondent.
PROCEEDINGS AGAINST FISCHER
disciplinary proceeding. Attorney's license suspended.
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,
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.
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.
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.
Attorney Fischer is also admitted to practice law in
Minnesota under the name Brian Campbell Fischer. He presently
resides in Duluth, Minnesota.
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).
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.
Fischer did not notify the OLR of the Minnesota suspension
within 20 days of its effective date.
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).
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).
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) .
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 ...