SCOW issues decision on attorney discipline involving requirement to provide client file to client or successor counsel
OLR v. Jeremiah W. Meyer-O’Day, 2024AP1795-D & 2025AP70-D, 10/22/26, per curiam decision of the Wisconsin Supreme Court (in its disciplinary capacity)
SCOW approves the referee’s findings, conclusions and decision to suspend the attorney’s license for several counts of misconduct, including the attorney’s failure to provide a client’s file to the client or successor counsel.
We post on this disciplinary decision to highlight the requirement that attorneys turn client files over to the client or successor counsel. Specifically, the OLR complaint alleged that the attorney’s failure to do so was a violation of SCR 20:1.16(d). SCOW further comments as follows:
The ABA standards also support suspension. We agree with the referee that, regarding Attorney Meyer-O’Day’s failure to file postconviction motions and his delay in turning over client files, Meyer-O’Day failed to adequately protect the constitutional rights of his clients. There is no dispute that this misconduct caused actual injury and potential injury to his clients.