Summary
The Wisconsin Supreme Court reviews disciplinary proceedings against attorney Thomas O. Mulligan and finds eight counts of professional misconduct, including trust-account violations, commingling, conversion, and inadequate recordkeeping. The court imposes a nine-month license suspension, requires trust-account education and monitoring, declines to order restitution, and assesses full proceeding costs against Mulligan.
Holdings
- The referee's relevant factual findings were supported by satisfactory and convincing evidence, and Mulligan committed all eight counts of professional misconduct alleged in the complaint.
- A finding of wrongful intent is not necessary to establish a violation of SCR 20:8.4(c); misconduct may be based on carelessness and neglect, and a claim of good faith does not preclude a violation.
- A nine-month suspension of Mulligan's Wisconsin law license was appropriate, together with trust-account education, three years of trust-account monitoring after reinstatement, and assessment of full proceeding costs.
- Restitution should not be ordered because the record did not permit the court to ascertain a reasonable amount, if any, to be refunded.
Questions Presented
- Whether the referee's findings of fact and conclusions that Mulligan committed eight counts of professional misconduct were supported by the record.
- Whether Mulligan's trust-account conduct, including commingling and use of client or third-party funds, violated SCR 20:8.4(c) even without proof of wrongful intent or identification of a specific converted client's funds.
- What discipline was appropriate for Mulligan's misconduct, including whether restitution, license suspension, trust-account monitoring, and full costs should be imposed.
Disposition
other
Cases Cited (15)
- In re Disciplinary Proceedings Against Inglimo, 2007 WI 126, 305 Wis. 2d 71, 740 N.W.2d 125(followed)
- In re Disciplinary Proceedings Against Alia, 2006 WI 12, 288 Wis. 2d 299, 709 N.W.2d 399(followed)
- In re Disciplinary Proceedings Against Widule, 2003 WI 34, 261 Wis. 2d 45, 660 N.W.2d 686(followed)
- In re Disciplinary Proceedings Against Carroll, 2001 WI 130, 248 Wis. 2d 662, 636 N.W.2d 718(followed)
- In re Disciplinary Proceedings Against Usow, 214 Wis. 2d 596, 571 N.W.2d 162 (1997)(followed)
- In re Disciplinary Proceedings Against Edgar, 230 Wis. 2d 205, 601 N.W.2d 284 (1999)(followed)
- In re Trust Estate of Martin, 39 Wis. 2d 437, 159 N.W.2d 660 (1968)(followed)
- In re Disciplinary Proceedings Against Weigel, 2012 WI 124, 345 Wis. 2d 7, 823 N.W.2d 798(followed)
- Attorney Grievance Comm'n of Md. v. Glenn, 671 A.2d 463 (Md. Ct. App. 1996)(followed)
- In re Disciplinary Proceedings Against Hammis, 2011 WI 3, 331 Wis. 2d 19, 793 N.W.2d 884(followed)
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