Lawyer Discipline
The Office of Lawyer
Regulation (formerly known as the Board of Attorneys Professional
Responsibility), an agency of the Wisconsin Supreme Court and component
of the lawyer regulation system, assists the court in carrying out its
constitutional responsibility to supervise the practice of law and
protect the public from misconduct by persons practicing law in
Wisconsin. The Office of Lawyer Regulation has offices located at Suite
315, 110 E. Main St., Madison, WI 53703, and Suite 300, 342 N. Water
St., Milwaukee, WI 53202. Toll-free telephone: (877) 315-6941.
Public Reprimand of Alan A. Olshan
On Nov. 27, 1993, a gentleman died. The gentleman lived in Milwaukee
on one floor of a duplex, and a relative lived on the other floor. The
gentleman's daughter, who is mentally disabled, was the sole heir. The
daughter and an aunt, who has durable power of attorney for the
daughter, reside in Mississippi. An attorney was retained to probate the
estate. However, by letter dated Jan. 17, 1995, the attorney informed
the daughter that he no longer was able to practice law in Wisconsin,
and presented the option of picking up the file, or having attorney Alan
Olshan complete the matter. The daughter elected to have Olshan complete
the matter. The first attorney had taken no action on the matter.
Over the next four years, Olshan performed little work on the matter.
There was no activity on the matter between Jan. 17, 1995, and Sept. 6,
1996, when Olshan wrote to the daughter. Olshan wrote again in August
1997, indicating that he needed a court-appointed guardian to probate
the estate. In October 1997, Olshan wrote letters to the tenant of the
duplex and the daughter's aunt regarding the substantial back taxes owed
on the duplex, and later contacted a bank regarding the status of the
mortgage. While Olshan was paid a $400 retainer, he never actually
opened the estate, resolved the delinquent tax status of the duplex, or
took any other steps to advance the matter. The daughter and her aunt
came to Milwaukee in February 1999, picked up the file from Olshan, and
retained a new attorney to probate the estate. The duplex eventually was
taken over by the city because of unpaid property taxes.
By failing to take action to advance the matter for four years, the
Office of Lawyer Regulation (OLR) concluded that Olshan failed to act
with reasonable diligence, in violation of SCR 20:1.3. By failing to
fully explain the delinquent tax status of the duplex to the
complainant, OLR concluded that Olshan failed to explain a matter to the
extent reasonably necessary to permit the client to make informed
decisions regarding the representation, in violation of SCR 20:1.4(b).
By failing to refund any of the $400 received in fees, despite failing
to even open the estate, OLR concluded that Olshan failed to refund the
unearned portion of a retainer, in violation of SCR 20:1.16(d).
This public reprimand was conditioned upon Olshan providing a refund
of $400 to the daughter and her family. Olshan had no prior
discipline.
Wisconsin Lawyer
