Office of Lawyer Regulation v. Mulligan
375 Wis. 2d 133
Wis.2017Background
- Thomas O. Mulligan, admitted 1985, a general practitioner in Spooner, WI, previously disciplined (private reprimands 1997, 2005; public reprimand 2009).
- In 2015 the Supreme Court suspended Mulligan’s license for nine months for multiple trust-account and fee-related violations and required attendance at an OLR trust-account seminar and three years of trust-account monitoring as a condition of reinstatement.
- Mulligan petitioned for reinstatement on July 21, 2016; the Office of Lawyer Regulation (OLR) did not oppose reinstatement but recommended the previously ordered conditions remain.
- A referee held a public hearing, found Mulligan complied with the disciplinary order and SCR 22.26, maintained competence, acted appropriately during suspension, and recommended reinstatement with three years of OLR trust-account monitoring and assessment of reinstatement costs.
- Mulligan has not paid the full costs ($17,720.02) of the underlying disciplinary proceeding but has a payment plan; he was ordered to pay $2,267.95 for the costs of the reinstatement proceeding within 60 days (with ability to request a payment plan).
Issues
| Issue | Plaintiff's Argument (OLR) | Defendant's Argument (Mulligan) | Held |
|---|---|---|---|
| Whether Mulligan met the burden for reinstatement under SCR 22.31(1) | OLR did not oppose reinstatement; recommended conditions stay | Mulligan argued he satisfied standards, complied with orders, maintained competence, and reformed conduct | Granted: Court held Mulligan met the clear, satisfactory, and convincing standard for reinstatement |
| Whether trust-account monitoring condition should continue | OLR recommended continued three-year monitoring as previously ordered | Mulligan had completed seminar and accepted monitoring condition | Granted: Court reinstated license subject to three years of OLR trust-account monitoring |
| Whether Mulligan must pay costs of reinstatement proceeding | OLR sought assessment of full reinstatement costs per court practice | Mulligan can request payment plan; no extraordinary circumstances to reduce costs | Granted: Court assessed full costs ($2,267.95) and required payment within 60 days (payment plan available) |
| Whether prior unpaid disciplinary costs bar reinstatement | OLR accepted payment arrangements and did not oppose reinstatement | Mulligan provided financial information and payment plan for prior costs | Denied as a bar: Court reinstated license but required continuation of payments toward prior costs as condition |
Key Cases Cited
- In re Disciplinary Proceedings Against Mulligan, 315 Wis. 2d 605 (2009) (prior public reprimand and disciplinary history)
- In re Disciplinary Proceedings Against Mulligan, 365 Wis. 2d 43 (2015) (suspension for trust-account and fee-related misconduct; conditions for reinstatement)
- In re Disciplinary Proceedings Against Eisenberg, 269 Wis. 2d 43 (2004) (standard of review: adopt referee’s factual findings unless clearly erroneous; review conclusions of law de novo)