Office of Lawyer Regulation v. Brian Campbell Fischer

• Court: Wisconsin Supreme Court
• Decided: August 20, 2014
• Docket: 2014AP000517-D
• Status: Published

Opinion

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 2 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.

3 No. 2014AP517-D