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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.
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