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Referee: Madison attorney should pay back clients, get public reprimand

By: Erika Strebel, [email protected]//February 23, 2018//

Referee: Madison attorney should pay back clients, get public reprimand

By: Erika Strebel, [email protected]//February 23, 2018//

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A referee is recommending that a Madison attorney be publicly reprimanded and pay $34,500 back to three clients.

The recommendation stems from a complaint the Office of Lawyer Regulation filed against Michele Tjader last year, alleging nine counts of misconduct, including failure to return unearned fees and failure to surrender a client’s file.

The OLR had called for a 60-day suspension of her license and for Tjader to pay restitution. Tjader eventually filed an answer, admitting to three counts of misconduct.

Tjader and the OLR reached a stipulation in January and no contest plea in which the OLR withdrew three of the charges involving failure to communicate with clients and failure to provide diligent representation. The OLR also instead recommended that Tjader be publicly reprimanded. A public reprimand does not involve a license suspension but the court’s final decision will be made a public record and a copy will be sent to the lawyer’s home town.

The referee in the case, Nick Schweitzer, issued a report on  Feb. 13 agreeing with the disciplinary measures suggested by the parties. However, he also recommended that in order to continue practicing law, Tjader must pay $34,500 back to her clients, return a client’s documents and send proof that she has done both to the OLR within 120 days of the court’s order. Schweitzer also recommended that should she fail to do those things, her license should be suspended indefinitely.

In finding that Tjader should also pay the full cost of the proceeding, Schweitzer noted that Tjader had initially failed to respond to the OLR’s complaint and failed to send original signed documents to the OLR, which he said caused delays in the case.

“In fact, I will record here that I was not favorably impressed by her cooperation, responsiveness, and responsibility,” wrote Schweitzer.

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