OLR v. Michele A. Tjader

1. We review the recommendation of the referee that Attorney
target"_new">Michele A. Tjader receive a public reprimand for professional misconduct. In addition, the referee recommended that the court require Attorney Tjader to reimburse a client for interest on the delayed refund of an attorney fee, and to pay the costs of this proceeding.

2. We determine that a public reprimand is appropriate discipline for Attorney Tjader's misconduct. We also order Attorney Tjader to make the reimbursement to the client, K.H., as recommended by the referee and to pay the costs of this proceeding.

3. Attorney Tjader was admitted to practice law in Wisconsin in 1996. She has no prior disciplinary history. The misconduct described herein occurred in connection with Attorney Tjader's representation of a client in a prison/parole matter.

4. Following a disciplinary hearing the referee made the following findings of fact. In August 1998 K.H. contacted Attorney Tjader. She was seeking legal assistance on behalf of her fiancé, P.E., who was incarcerated. Attorney Tjader agreed to represent P.E. (hereinafter "client"). As the client was incarcerated during the period of representation, most of the legal discussions occurred between K.H. and Attorney Tjader. K.H. met with Attorney Tjader on October 1, 1998, fully explained the legal situation, and asked if Attorney Tjader could help her. K.H. explained that the client, who had a prior criminal record, was serving two consecutive prison sentences for two burglary charges. He had successfully completed the Department of Corrections' CHOICE program, an intensive alcohol and drug treatment program. Apparently when the client entered the program, successful participants received a transfer to a minimum-security facility and/or a parole board review, thereby making the CHOICE program an "earned release" program. However, when the client completed the program it was no longer considered an "earned release" program such that successful participants no longer received an automatic transfer to minimum security.

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¶24. ItisS Ordered that Attorney Michele A. Tjader be publicly reprimanded for her professional misconduct.

¶25. It is Further Ordered that within 30 days of the date of this order Attorney Michele A. Tjader shall reimburse K.H. in the amount of $132.72. If K.H. is not reimbursed within the time specified, absent a showing to this court of her inability to pay the reimbursement within that time, the license of Attorney Michele A. Tjader to practice law in Wisconsin shall be suspended until further order of the court.

¶26. It is Further Ordered that within 60 days of the date of this order Attorney Michele A. Tjader shall pay to the Office of Lawyer Regulation the costs of this proceeding in the amount of $9396.28. If the costs are not paid within the time specified, and absent a showing to this court of her inability to pay the costs within that time, the license of Attorney Michele A. Tjader to practice law in Wisconsin shall be suspended until further order of the court.

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C.L.