CHAPTER SCR 21
LAWYER REGULATION SYSTEM
SCR 21   Preamble
SCR 21.001   Definitions.
SCR 21.01   Components.
SCR 21.02   Office of lawyer regulation.
SCR 21.03   Office of lawyer regulation — director.
SCR 21.04   Office of lawyer regulation — staff.
SCR 21.05   Office of lawyer regulation — counsel.
SCR 21.06   District investigative committees.
SCR 21.07   Preliminary review committee.
SCR 21.08   Referees.
SCR 21.09   Supreme court.
SCR 21.10   Board of administrative oversight.
SCR 21.11   Training of lawyer regulation system participants.
SCR 21.12   Roles of office of lawyer regulation, grievant, and district investigative committees.
SCR 21.13   Official duties.
SCR 21.14   Conflict of interests, recusal.
SCR 21.15   Duties of attorneys.
SCR 21.16   Discipline.
SCR 21.17   Medical incapacity suspension, conditions.
SCR 21.18   Limitation.
SCR 21.19   Immunity.
SCR 21.20   Cooperation with other agencies.
SCR 21.21   Cost of lawyer regulation system.
SCR 21 Note Note: SCR Chapter 21 was repealed and recreated October 1, 2000; amended; November 14, 2001; April 1, 2002; May 5, 2005; July 1, 2007; July 1, 2010; July 6, 2015; July 1, 2016.
SCR 21 Note SCR 21 Preamble. The lawyer regulation system is established to carry out the supreme court's constitutional responsibility to supervise the practice of law and protect the public from misconduct by persons practicing law in Wisconsin.
SCR 21 History History: Sup. Ct. Order No. 99-03, 2000 WI 106, 237 Wis. 2d xix.
21.001 SCR 21.001 Definitions. The terms used in this chapter have the meaning set forth in SCR 22.001.
SCR 21.001 History History: Sup. Ct. Order No. 99-03, 2000 WI 106, 237 Wis. 2d xix.
21.01 SCR 21.01 Components.
21.01(1)(1) The lawyer regulation system consists of the following:
21.01(1)(a) (a) Office of lawyer regulation, provided in SCR 21.02.
21.01(1)(b) (b) District committees, provided in SCR 21.06.
21.01(1)(c) (c) Preliminary review committee, provided in SCR 21.07.
21.01(1)(d) (d) Referees, provided in SCR 21.08.
21.01(1)(e) (e) Board of administrative oversight, provided in SCR 21.10.
21.01(1)(f) (f) Supreme court.
SCR 21.01 History History: Sup. Ct. Order No. 99-03, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No. 01-12, 2001 WI 120, 247 Wis. 2d xiii.
21.02 SCR 21.02 Office of lawyer regulation.
21.02(1)(1) The office of lawyer regulation consists of the director, investigative and support staff, and staff counsel and retained counsel. The office receives and responds to inquiries and grievances relating to attorneys licensed to practice law or practicing law in Wisconsin and, when appropriate, investigates allegations of attorney misconduct or medical incapacity, and may divert a matter to an alternatives to discipline program. The office is responsible for the prosecution of disciplinary proceedings alleging attorney misconduct and proceedings alleging attorney medical incapacity and the investigation of license reinstatement petitions. The office has discretion whether to investigate and to prosecute de minimus violations. Discretion permits the office to prioritize resources on matters where there is harm and to complete them more promptly.
21.02(2) (2) The office of lawyer regulation functions pursuant to the procedures set forth in SCR chapter 22.
SCR 21.02 History History: Sup. Ct. Order No. 99-03, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No. 14-06, filed 4-21-16, eff. 7-1-16.
21.03 SCR 21.03 Office of lawyer regulation — director.
21.03(1)(1) The director of the office of lawyer regulation is appointed by and serves at the pleasure of the supreme court.
21.03(2) (2) The director shall be admitted to the practice of law in Wisconsin no later than six months following appointment.
21.03(3) (3) The director is an employee of the supreme court under the supreme court's ultimate personnel authority and subject to personnel policies and procedures administered by the director of state courts.
21.03(4) (4) The performance of the director shall be formally evaluated every two years by the director of state courts, who shall consult with the staff of the office of lawyer regulation, the preliminary review committee, the board of administrative oversight, and attorneys who represent respondents in proceedings brought by the director. The director of state courts shall report the evaluation to the supreme court as a personnel matter.
21.03(5) (5) The director may not engage in the private practice of law.
21.03(6) (6) The duties of the director are:
21.03(6)(a) (a) To investigate any possible misconduct or medical incapacity of an attorney licensed to practice law or practicing law in Wisconsin.
21.03(6)(b) (b) To receive, review and direct the investigation of allegations of attorney misconduct or medical incapacity.
21.03(6)(c) (c) To close an inquiry or grievance following preliminary evaluation and to dismiss a grievance following investigation when there is insufficient evidence of cause to proceed.
21.03(6)(d) (d) To present as the director may consider appropriate the results of an investigation to the preliminary review committee for a determination of cause to proceed in the matter.
21.03(6)(e) (e) To file with the supreme court and prosecute complaints alleging attorney misconduct and petitions alleging attorney medical incapacity after a preliminary review panel has determined there is cause to proceed in the matter.
21.03(6)(f) (f) To divert a matter to an alternatives to discipline program as the director may consider appropriate and to monitor the attorney's participation in the program.
21.03(6)(g) (g) To monitor an attorney's compliance with conditions imposed on the attorney's practice of law.
21.03(6)(h) (h) To investigate petitions for license reinstatement and, at the request of the board of bar examiners, to investigate the character and fitness of an applicant for bar admission.
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Wisconsin Supreme Court Rules updated by the Legislative Reference Bureau. Current through all Supreme Court Orders entered before July 4, 2017. Report errors at (608) 266-3561, FAX 264-6948.