21.16(1m)(d)
(d) Conditions on the continued practice of law.
21.16(1m)(f)
(f) Conditions on seeking license reinstatement.
21.16(2m)(a)(a) An attorney may be ordered to do any of the following as restitution under sub. (1m) (em):
21.16(2m)(a)1.
1. Pay monetary restitution to the person whose money or property was misappropriated or misapplied in the amount or value of such money or property as found in the disciplinary proceedings.
21.16(2m)(a)2.
2. Reimburse the Wisconsin lawyers' fund for client protection for awards made to the person whose money or property was misappropriated or misapplied.
21.16(2m)(b)
(b) Any payment made as restitution under par. (a) does not limit, preclude or impair any liability for damages in any civil action or proceeding for an amount in excess of the payment.
21.16(2m)(c)
(c) Upon ordering restitution to the Wisconsin lawyers' fund for client protection under par. (a) 2., the supreme court shall issue a judgment and furnish a transcript of the judgment to the Fund. The transcript of the judgment may be filed and docketed in the office of the clerk of court in any county and shall have the same force and effect as judgments docketed under ss.
809.25 and
806.16, Stats.
SCR 21.16 History
History: Sup. Ct. Order No.
99-03, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
06-04, 2007 WI 48, 297 Wis. 2d xv.
SCR 21.16 Note
Case Notes: The factors to consider in imposing discipline are: 1) the seriousness, nature, and extent of the misconduct; 2) the level of discipline needed to protect the public, the courts, and the legal system from repetition of the attorney's misconduct; 3) the need to impress upon the attorney the seriousness of the misconduct; and 4) the need to deter other attorneys from committing similar misconduct. Disciplinary Proceedings Against Carroll,
2001 WI 130,
248 Wis. 2d 662,
636 N.W.2d 718.
SCR 21.16 Annotation
A psychological condition may constitute mitigation of the seriousness of misconduct or of the severity of discipline, if shown to be causally related to the misconduct. Office of Lawyer Regulation v. Scanlan,
2006 WI 38,
290 Wis. 2d 30,
712 N.W.2d 877,
04-1930.
21.17
SCR 21.17 Medical incapacity suspension, conditions. The license of an attorney to practice law may be suspended indefinitely or conditions may be imposed on the attorney's practice of law with the attorney's consent or upon a finding that the attorney has a medical incapacity, pursuant to the procedure set forth in SCR chapter 22.
SCR 21.17 History
History: Sup. Ct. Order No.
99-03, 2000 WI 106, 237 Wis. 2d xix.
21.18
SCR 21.18 Limitation. 21.18(1)(1) Information, an inquiry, or a grievance concerning the conduct of an attorney shall be communicated to the director within 10 years after the person communicating the information, inquiry or grievance knew or reasonably should have known of the conduct, whichever is later, or shall be barred from proceedings under this chapter and SCR chapter 22.
21.18(2)
(2) The time during which a person who knew or should have known of the attorney's conduct is under a disability as provided in Wis. Stat. ยง
893.16 (1997-98) and the time during which the attorney acted to conceal the conduct from or mislead the person who knew or should have known of the conduct regarding the conduct are not part of the time specified in sub. (1).
SCR 21.18 History
History: Sup. Ct. Order No.
99-03, 2000 WI 106, 237 Wis. 2d xix.
21.19
SCR 21.19 Privileges, immunity. Communications with the director, staff of the office of lawyer regulation, a district committee, a special investigator, retained counsel, the preliminary review committee, and a special preliminary review panel alleging attorney misconduct or medical incapacity and testimony given in an investigation or proceeding under SCR chapter 22 are privileged. No lawsuit predicated on these communications may be instituted against any grievant or witness. The director, staff of the office of lawyer regulation, members of a district committee, special investigators, retained counsel, members of the preliminary review committee, members of a special preliminary review panel, referees, members of the board of administrative oversight, and persons designated by the director to monitor compliance with diversion agreements or with conditions imposed on the attorney's practice of law, shall be immune from suit for any conduct in the course of their official duties.
SCR 21.19 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; Sup. Ct. Order No.
01-12A, 2002 WI 8, 249 Wis. 2d xiii; Sup. Ct. Order No.
08-28, 2010 WI 36, 323 Wis. 2d xiii.
21.20
SCR 21.20 Cooperation with other agencies. 21.20(1)
(1) The office of lawyer regulation shall cooperate with the board of bar examiners in matters of mutual interest. The office and the board may exchange confidential information and may conduct joint proceedings.
21.20(2)
(2) The office of lawyer regulation shall cooperate with lawyer regulatory bodies from other jurisdictions and may share confidential information with them.
21.20(3)
(3) The office of lawyer regulation shall cooperate with district attorneys in the state of Wisconsin and may share confidential information with them.
SCR 21.20 History
History: Sup. Ct. Order No.
99-03, 2000 WI 106, 237 Wis. 2d xix.
21.21
SCR 21.21 Cost of lawyer regulation system. The cost of the office of lawyer regulation, the district committees, the preliminary review committee, all matters relating to investigation and prosecution of possible attorney misconduct and medical incapacity, reinstatement investigations and hearings, and the board of administrative oversight shall be paid from the appropriation provided in s.
20.680 (3) (h), 1997 stats.
SCR 21.21 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; Sup. Ct. Order No.
01-12A, 2002 WI 8, 249 Wis. 2d xiii.
