Wisconsin: Lawyer’s License Revoked for Professional Misconduct

Facts:

Attorney Scott H. Fisher (“Fisher”) was retained by two clients, Mr. and Mrs. K, to represent them in a bankruptcy action. WI Office of Lawyer Regulation v. Fisher, 2010 WI 45, Wis. 2d 745. Mr. and Mrs. K paid Fisher $500. Id. After numerous attempts to contact Fisher’s office by phone without any return calls from Fisher, a receptionist that worked in Fisher’s office called Mr. and Mrs. K and informed them that Fisher had disappeared without notifying his clients. Id. The $500 fee was never returned to Mr. and Mrs. K. Id.

The Wisconsin Office of Lawyer Regulation (“OLR”) then received notification that Fisher had abandoned his practice, moved out of the United States, and had taken unearned money from his clients. Id. The OLR tried to contact Fisher by phone and e-mail correspondence without success. Id. Because Fisher was unwilling to participate in the investigation, his license to practice law was temporarily suspended on April 14, 2009. Id. The OLR charged Fisher with 55 different counts of professional misconduct because of ten separate clients seeking to revoke Fisher’s license. Id. The OLR served Fisher with a complaint regarding this matter, but Fisher never responded. Id. Counts 1-6 of the 55 total pertained to Mr. and Mrs. K. Id.

Issue:

Whether Fisher committed professional misconduct in the matter of Mr. and Mrs. K.

Holding:

Yes, Fisher did commit professional misconduct in the matter of Mr. and Mrs. K. on all six counts.

Rationale:

The six counts against Fisher in the matter of Mr. and Mrs. K are as follows:
1. Entering into a legal agreement with Mr. and Mrs. K. stating that if Fisher could not be present that another lawyer from the firm would be there to represent them even though no other attorney worked in his office. Id.
2. Failing to remain in contact with Mr. and Mrs. K. and failing to provide them with a forwarding address or current phone number. Id.
3. Failing to give sufficient notice to Mr. and Mrs. K. that Fisher would be leaving Wisconsin so that they could retain a different attorney and failing to refund the portion of his fees that he had not earned. Id.
4. Terminating the representation of his clients before fulfilling the legal services that Fisher was hired for and for not returning the $500 fee advanced to him by Mr. and Mrs. K. Id.
5. For abandoning his practice with out a forwarding address. Id.
6. Failing to file a response to the grievances that Fisher violated. Id.

Because Fisher failed to file and answer to the complaint that he was served, the court has presumed that Fisher agrees that the statements made and that the grievances against him are true. Id. Therefore, Fisher will have his license permanently revoked in the state of Wisconsin. He will also be required to pay restitution to Mr. and Mrs. K. and pay the court costs for these proceedings. Id.