Public Reprimand of Philip M. Kleinsmith
The Office of Lawyer Regulation (OLR) and Philip M. Kleinsmith, Colorado Springs, Colo., entered into an agreement for the imposition of a public reprimand as discipline reciprocal to a March 20, 2012, public reprimand imposed on Kleinsmith’s Arizona law license, which also placed him on probation for one year with terms and conditions on his practice. A Wisconsin Supreme Court-appointed referee approved the agreement and issued the public reprimand on Aug. 25, 2013, in accordance with SCR 22.09(3). Public Reprimand of Kleinsmith, 2013-OLR-10.
The 2012 Arizona public reprimand arose out of Kleinsmith’s misconduct in violation of Arizona Rule 42, ER(s) 1.1, 1.3, 1.4, 1.5, 1.16, 5./3, and 8.4(d). Kleinsmith engaged in the following misconduct: he failed to properly effect service, improperly/incorrectly/erroneously certified cases for arbitration in nine different matters, filed documents with errors, failed to name a party defendant, failed to appear at hearings, collected fees for corrective motions for his failure to appear, and failed to properly withdraw as counsel.
Kleinsmith has no prior Wisconsin disciplinary history.
Hearing to Reinstate Jeffrey Knickmeier
A public hearing will be held on Wednesday, Dec. 11, 2013, at 9 a.m., and Thursday, Dec. 12, 2013, at 9 a.m., before the Hon. John B. Murphy at the State Bar of Wisconsin, 5302 Eastpark Blvd., Madison, in the Filachek and Whyte rooms, on the petition of Jeffrey Knickmeier, McFarland, to reinstate his law license. Any interested person may appear at the hearing and be heard in support of or opposition to the petition for reinstatement.
Additionally, on Monday, Jan. 27, 2014, at 9 a.m., a public telephonic hearing will be held before the Hon. John B. Murphy on the petition of Knickmeier to reinstate his law license. Any person wishing to speak at the telephonic hearing in support of or opposition to the petition for reinstatement should contact OLR assistant litigation counsel Julie M. Spoke before Jan. 24, 2014, to discuss arrangements for providing testimony.
On July 21, 2004, the supreme court revoked Knickmeier’s Wisconsin law license effective June 14, 2001. The revocation was based on 21 counts of misconduct, primarily related to conflicts of interest; dishonest, deceitful, and fraudulent conduct; trust account violations; and noncooperation with the OLR.
To be reinstated, Knickmeier has the burden of substantiating by clear, satisfactory, and convincing evidence that 1) he has the moral character to practice law in Wisconsin, 2) his resumption of the practice of law will not be detrimental to the administration of justice or subversive of the public interest, 3) all representations in his reinstatement petition are substantiated, and 4) he has complied fully with the terms of the order of suspension or revocation and with SCR 22.26.
Relevant information may be provided to or obtained from OLR investigator Emily E. Kokie or OLR assistant litigation counsel Julie M. Spoke, 110 E. Main St., Suite 315, Madison, WI 53703; toll free (877) 315-6941. Spoke’s direct phone is (608) 261-8295.