Office of Lawyer Regulation v. Scott D. Fisher

2022 WI 20, 972 N.W.2d 628, 401 Wis. 2d 340

• Court: Wisconsin Supreme Court
• Decided: April 19, 2022
• Docket: 2021AP001996-D
• Status: Published

Opinion

2022 WI 20

SUPREME COURT OF WISCONSIN CASE NO.: 2021AP1996-D

COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Scott D. Fisher, Attorney at Law:

Office of Lawyer Regulation, Complainant, v. Scott D. Fisher, Respondent.

DISCIPLINARY PROCEEDINGS AGAINST FISHER

OPINION FILED: April 19, 2022 SUBMITTED ON BRIEFS: ORAL ARGUMENT:

SOURCE OF APPEAL: COURT: COUNTY: JUDGE:

JUSTICES: Per Curiam. NOT PARTICIPATING:

ATTORNEYS: 2022 WI 20 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2021AP1996-D

STATE OF WISCONSIN : IN SUPREME COURT

In the Matter of Disciplinary Proceedings Against Scott D. Fisher, Attorney at Law:

Office of Lawyer Regulation, FILED Complainant, APR 19, 2022

v. Sheila T. Reiff Clerk of Supreme Court

Scott D. Fisher,

Respondent.

ATTORNEY disciplinary proceeding. Attorney's license

suspended.

¶1 PER CURIAM. The Office of Lawyer Regulation (OLR)

and Attorney Scott D. Fisher have filed a stipulation pursuant

to Supreme Court Rule (SCR) 22.12 that Attorney Fisher's license

to practice law in Wisconsin should be suspended for one year,

as discipline reciprocal to that imposed by the Supreme Court of

Iowa. After reviewing the matter, we approve the stipulation

and impose the stipulated reciprocal discipline. Given the comprehensive stipulation, which avoided the need to litigate No. 2021AP1996-D

this matter and to appoint a referee, we impose no costs in this

proceeding.

¶2 Attorney Fisher was admitted to practice law in

Wisconsin in 2005. His Wisconsin law license is currently in

good standing, but inactive. He was admitted to practice law in

Iowa in 2007.

¶3 The OLR filed a complaint in this matter on November

17, 2021. The complaint alleged two counts of professional

misconduct: (1) that by virtue of an October 15, 2021, one-year

suspension of Attorney Fisher's Iowa law license by the Supreme

Court of Iowa, Attorney Fisher was subject to reciprocal

discipline in this state, pursuant to SCR 22.22(3), and (2) that

Attorney Fisher failed to notify the OLR of the Iowa suspension

within the required time, in violation of SCR 22.22(1).

¶4 On February 3, 2022, the OLR and Attorney Fisher filed

a stipulation in which Attorney Fisher stipulated to the two

counts set forth in the OLR's complaint. The OLR filed a

memorandum in support of the stipulation. ¶5 The parties assert that the stipulation was not the

result of plea bargaining. In the stipulation, Attorney Fisher

states that he does not contest the factual assertions and

misconduct charges alleged by the OLR, nor does he contest the

discipline requested by the OLR, namely a one-year suspension of

his license to practice law in Wisconsin. He represents that he

fully understands the allegations of misconduct alleged by the

OLR; that he understands the ramifications of the stipulated level of discipline; that he understands his right to contest 2 No. 2021AP1996-D

the allegations of misconduct and his right to consult counsel

regarding those allegations; and that he entered into the

stipulation knowingly and voluntarily.

¶6 In reciprocal discipline matters, SCR 22.22 mandates

that this court impose discipline identical to that imposed by

the other jurisdiction, unless one or more of three exceptions

apply. Attorney Fisher does not claim that any exception in SCR

22.22(3) applies to this matter.

¶7 The misconduct that resulted in the Supreme Court of

Iowa suspending Attorney Fisher's law license involved six

separate client matters as well as an allegation that Attorney

Fisher violated the Iowa Rules of Professional Conduct with

respect to the handling of his client trust account. The

misconduct alleged in the Iowa Supreme Court Attorney

Disciplinary Board's 67 page second substituted and amended

complaint against Attorney Fisher included revealing

confidential information of former clients on the internet;

false statements; frivolous filings; improperly withdrawing from a case; conduct prejudicial to justice; and failing to cooperate

with the Iowa Supreme Court Attorney Disciplinary Board.

¶8 In the parties' stipulation and the supporting

memorandum filed by the OLR, the parties acknowledge that

Attorney Fisher is subject to the imposition of reciprocal

discipline in this state by virtue of the one-year suspension

imposed in Iowa. The OLR asks this court to impose a one-year

suspension of Attorney Fisher's Wisconsin law license as the appropriate reciprocal discipline. 3 No. 2021AP1996-D

¶9 Upon review of this matter, we accept the stipulation

and impose a one-year suspension of Attorney Fisher's license to

practice law in Wisconsin, as discipline reciprocal to that

imposed by the Supreme Court of Iowa. Because this matter has

been resolved by means of a stipulation without the appointment

of a referee and because the OLR has not requested the

imposition of costs, we do not impose any costs upon Attorney

Fisher.

¶10 IT IS ORDERED that the license of Scott D. Fisher to

practice law in Wisconsin is suspended for one year, effective

the date of this order.

¶11 IT IS FURTHER ORDERED that Scott D. Fisher shall

comply with the provisions of SCR 22.26 concerning the duties of

a person whose license to practice law in Wisconsin has been

¶12 IT IS FURTHER ORDERED that compliance with all

conditions of this order is required for reinstatement. See

SCR 22.28(3).

4 No. 2021AP1996-D