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Attorney challenging OLR recommendation that she pay full cost of disciplinary case

By: Erika Strebel, [email protected]//August 10, 2017//

Attorney challenging OLR recommendation that she pay full cost of disciplinary case

By: Erika Strebel, [email protected]//August 10, 2017//

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A Green Bay attorney is challenging a recommendation that she pay the full cost of her disciplinary proceeding.

The Office of Lawyer Regulation had recommended last month that Tiffany Luther pay the full cost of her proceeding.

The recommendation stems from charges the agency filed against Tiffany Luther about two years ago, alleging 13 counts of misconduct that arose from her involvement with a California debt-settlement company and her representation of two clients.

The OLR had sought to have her license suspended for 18 months but later revised its complaint, dropping three of the most serious charges. Those charges concerned her involvement with Morgan Drexen Inc., a California debt-settlement company that was ordered in 2013 to pay back millions to more than a thousand Wisconsin residents.

Luther and the OLR reached a stipulation in May. Luther agreed that she had committed the alleged misconduct, and the OLR agreed to seek a private reprimand instead of an 18-month suspension of her law license.

The referee Jonathan Goodman accepted the stipulation in June.

The OLR, in a statement filed last month, recommended that Luther pay $7,414.04, including $378.86 in referee fees and $3,054.50 for a court reporter.

Luther filed an objection to the OLR’s recommendation on Tuesday, contending that, among other things, Luther should not have to pay the cost of drafting the complaint because much of that time was spent on the allegations that were later dropped.

According to the objection, the misconduct that Luther later admitted to also warrants a reduction in costs  because it involved less serious misconduct. Those charges included collecting excessive fees, failing to keep clients informed about their cases and failing to explain matters to clients so they could make informed decisions. In comparison, the dropped allegations included several charges that Luther had engaged in fraud, dishonesty or deceit during her involvement with Morgan Drexen.

Goodman will make a recommendation concerning what costs Luther ought to pay for the proceeding. The Wisconsin Supreme Court will review Goodman’s recommendations and issue a final decision on what Luther ought to pay and what discipline is appropriate.

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