Office of Lawyer Regulation v. Brian Campbell Fischer ( 2014 )

2014 WI 107
SUPREME COURT OF WISCONSIN
CASE NO.: 2014AP517-D
COMPLETE TITLE: In the Matter of Disciplinary Proceedings
Against
Brian Campbell Fischer, Attorney at Law:
Office of Lawyer Regulation,
Complainant,
v.
Brian Campbell Fischer,
Respondent.
DISCIPLINARY PROCEEDINGS AGAINST FISCHER
OPINION FILED: August 20, 2014
SUBMITTED ON BRIEFS:
ORAL ARGUMENT:
SOURCE OF APPEAL:
COURT:
COUNTY:
JUDGE:
JUSTICES:
CONCURRED:
DISSENTED:
NOT PARTICIPATING:
ATTORNEYS:
2014 WI 107
NOTICE
This opinion is subject to further
editing and modification. The final
version will appear in the bound
volume of the official reports.
No. 2014AP517-D
STATE OF WISCONSIN : IN SUPREME COURT
In the Matter of Disciplinary Proceedings
Against Brian Campbell Fischer, Attorney at
Law:
Office of Lawyer Regulation, FILED
Complainant, AUG 20, 2014
v. Diane M. Fremgen
Clerk of Supreme Court
Brian Campbell Fischer,
Respondent.
ATTORNEY disciplinary proceeding. Attorney publicly
reprimanded.
¶1 PER CURIAM. This is a reciprocal discipline matter.
On March 7, 2014, the Office of Lawyer Regulation (OLR) filed a
complaint and motion pursuant to Supreme Court Rule (SCR) 22.22
requesting that this court publicly reprimand Attorney Brian
Campbell Fischer as reciprocal discipline identical to that
imposed by the Minnesota Supreme Court.
No. 2014AP517-D
¶2 Attorney Fischer was admitted to practice law in
Wisconsin in 2002. He is also admitted to practice law in
Minnesota.
¶3 The OLR's complaint noted that on September 6, 2013,
the Minnesota Supreme Court publicly reprimanded Attorney
Fischer for misconduct consisting of 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 failing to cooperate in
disciplinary investigations. The Minnesota Supreme Court found
that Attorney Fischer violated Minn. R. Prof. Conduct 1.3, 1.4,
1.15(c)(1) and (2), 1.16(d), 3.2, 3.4(c), 5.3(b) and (c)(1),
5.5(a), 5.8(d), 7.1, 8.1(b), and 8.4(d), and Rule 25, Rules on
Lawyers Professional Responsibility.
¶4 Attorney Fischer did not notify the OLR of the
Minnesota reprimand within 20 days of its effective date.
¶5 On April 10, 2014, the parties filed a stipulation
whereby Attorney Fischer agrees that the facts alleged in the
OLR's complaint form a basis for the discipline requested by the
OLR director, and Attorney Fischer agrees it would be
appropriate for this court to impose a public reprimand. The
stipulation avers that Attorney Fischer fully understands the
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No. 2014AP517-D
misconduct allegations, fully understands the ramifications
should this court impose the stipulated level of discipline,
fully understands his right to contest the matter, and fully
understands his right to consult with counsel, and that his
entry into the stipulation is made knowingly and voluntarily.
¶6 Under SCR 22.22(3), in reciprocal discipline matters,
this court shall impose the identical discipline unless one of
the enumerated exceptions is shown. Attorney Fischer does not
claim that any of those exceptions apply in this case.
¶7 IT IS ORDERED that Brian Campbell Fischer is publicly
reprimanded as discipline reciprocal to that imposed by the
Minnesota Supreme Court.
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No. 2014AP517-D
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