In the Matter of Disciplinary Proceedings Against Matthew O. Olaiya

2001 WI 116, 247 Wis. 2d 1001, 635 N.W.2d 283 · Supreme Court of Wisconsin · October 30, 2001 · No. No. 00-3352-D

Summary

The Supreme Court of Wisconsin imposed a six-month suspension on Attorney Matthew O. Olaiya for professional misconduct arising from his abandonment of his law practice and mishandling of four immigration-related client matters. The court adopted the referee's findings and ordered restitution totaling $4,200, reimbursement of $1,000 in travel expenses, and payment of proceeding costs as conditions related to reinstatement.

Holdings

  1. The court adopted the referee's findings of fact and conclusions of law that Olaiya violated Wisconsin's professional-conduct rules by abandoning his practice, failing to protect clients' interests, failing to return unearned fees, acting without reasonable diligence and promptness, failing to keep clients informed, failing to cooperate with the disciplinary investigation, failing to provide full and fair information, making a misrepresentation to the Board, and revealing client-related information without consent.
  2. A six-month suspension of Olaiya's license to practice law in Wisconsin was warranted by the seriousness of his professional misconduct and failure to cooperate with the disciplinary investigation.
  3. Olaiya was ordered to refund $700 to the first client, refund $2,500 to the fourth client, reimburse the fourth client $1,000 in travel expenses, and pay the costs of the proceeding.
  4. Payment of the ordered restitution was made a condition of reinstatement, and the license would remain suspended if the refunds and reimbursement were not made within 60 days.

Questions Presented

  1. Whether Olaiya committed the professional-misconduct violations found by the referee.
  2. Whether a six-month suspension of Olaiya's Wisconsin law license was the appropriate discipline.
  3. Whether restitution and payment of proceeding costs should be imposed as recommended by the referee.
  4. Whether payment of restitution should be made a condition of reinstatement.

Disposition

other

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