Office of Lawyer Regulation v. Fisher

330 Wis. 2d 37 (2010) · Supreme Court of Wisconsin · December 9, 2010

Summary

The Wisconsin Supreme Court grants the Office of Lawyer Regulation’s motion to modify a prior disciplinary decision revoking Scott H. Fisher’s law license. The court substitutes the Wisconsin Lawyers’ Fund for Client Protection as the restitution payee in specified matters and adds $500 in restitution for the K.K. client matter, concluding that no new claim for relief required additional service on Fisher, who had defaulted.

Holdings

  1. No additional service of the modification motion was required because Fisher had defaulted by failing to appear and the motion did not assert a new or additional claim for relief.
  2. The additional $500 restitution request did not constitute a new or additional claim for relief; it was a form of discipline based on an ethical violation already alleged in the disciplinary complaint.

Questions Presented

  1. Whether OLR's modification motion asserted a new or additional claim for relief requiring service on Fisher despite his default.
  2. Whether the court could modify the prior disciplinary decision to designate the Wisconsin Lawyers' Fund for Client Protection as payee and impose an additional $500 restitution award for the K.K. matter.

Disposition

other

Cases Cited (1)

  • In re Disciplinary Proceedings Against Scott H. Fisher, 2010 WI 45, 324 Wis. 2d 745, 785 N.W.2d 321(applied)

Cited In (0)

No citing cases on record yet.

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