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Attorney Disciplinary Proceeding

WI Court of Supreme Court

Case Name: Office of Lawyer Regulation v. Matthew T. Luening

Case No.: 2020AP002166-D


Focus: Attorney Disciplinary Proceeding

This matter was scheduled for oral argument on November 7, 2022, but was removed from the oral argument calendar because the court determined that the case presented an unresolved choice of law issue. In order to resolve that issue, the supreme court asked the parties to advise whether Supreme Court Rule (SCR) 20:8.5(b)1 required that the counts of misconduct alleged in the complaint filed by the Office of Law Regulation (OLR) that arose out of Attorney Matthew Luening’s representation of clients before an immigration tribunal should have been pleaded under the rules promulgated by the Executive Office of Immigration Review (EOIR), as set forth in 8 C.F.R. § 1003.102, rather than under Wisconsin’s Rules of Professional Conduct. The supreme court concludes that OLR should have charged the counts of misconduct connected with cases pending before immigration tribunals under EOIR rules. The court also concludes that the appropriate remedy for OLR’s decision not to do so is to dismiss those counts of misconduct and to remand the matter to the referee for a recommendation on the appropriate sanction for the remaining counts of misconduct found by the referee.

Dismissed and Remanded

Decided 2/24/23

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