Attorney Disciplinary Proceedings

Listen to this article

WI Supreme Court

Case Name: Office of Lawyer Regulation v. Sergio Magaña

Case No.: 2017 WI 97

Focus: Attorney Disciplinary Proceedings

We review Referee Jonathan V. Goodman’s recommendation that the court declare Attorney Sergio Magaña in default and revoke his Wisconsin law license in connection with his work in 22 client matters, his non-cooperation with the Office of Lawyer Regulation’s (OLR) investigation into his conduct, his conviction for misdemeanor operating while intoxicated (second offense), and his failure to report that conviction to the OLR and the clerk of this court. The referee also recommended that Attorney Magaña be ordered to pay restitution and the costs of this proceeding.

Because no appeal has been filed, we review the referee’s report pursuant to Supreme Court Rule (SCR) 22.17(2).1 After conducting our independent review of the matter, we agree with the referee that, based on Attorney Magaña’s failure to answer the amended complaint filed and served by the OLR, the OLR is entitled to a default judgment. We also agree with the referee that Attorney Magaña’s professional misconduct warrants the revocation of his law license. We further agree that Attorney Magaña should pay restitution in the amounts described below, and that he should pay the full costs of this proceeding.

IT IS FURTHER ORDERED that Sergio Magaña shall pay restitution in the following amounts:

• $630 to former client M.S.;
• $420 to former client J.F.C; and
• $420 to his former law firm.

Affirmed

Concur:

Dissent:

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.