12.02(1)(d)5.5. Disclosure of what arrangements the attorney may have made or might suggest to protect the interest of his or her clients.
12.02(1)(e)(e) All papers, files, transcripts, communications and proceedings pertaining to any petition under this subsection shall be closed and remain confidential until the court has made a finding of medical incapacity. This paragraph does not prohibit any publication the court finds necessary and does not prohibit the court from notifying another court before which a similar petition may be filed.
12.02(1)(f)(f) An attorney appointed under par. (a) and his or her law firm shall:
12.02(1)(f)1.1. Not serve in any other capacity as counsel for the assisted attorney or his or her family.
12.02(1)(f)2.2. Be compensated from any assets generated in connection with his or her efforts for his or her professional services and reasonable and necessary expenses.
12.02(1)(f)3.3. Be eligible to be a purchaser of the law practice under SCR 20:1.17.
12.02(1)(f)4.4. Not be permitted to act as successor attorney except and until the trustee attorney becomes a purchaser of the law practice under SCR 20:1.17.
12.02(1)(g)(g) The assisted attorney may nominate a trustee attorney and may consent to the appointment of a trustee attorney.
12.02(1)(h)(h) The court shall appoint a guardian ad litem pursuant to s. 803.01 (3) of the statutes if the court has reason to believe that the attorney is mentally incompetent.
12.02(2)(2) The court shall review the amounts requested by the trustee attorney for compensation and reimbursement under sub. (1) (f) 2. and shall make a finding as to the reasonableness and necessity of the proposed compensation and expenses before entering the order authorizing their payment. The assisted attorney shall be personally liable for any compensation and expenses ordered by the court.
12.02(3)(3) Upon a showing that the assisted attorney is no longer incapacitated, or upon a showing that the trustee attorney has completed his or her responsibilities, the court may terminate the proceeding and discharge the trustee attorney.
12.02(4)(4) A trustee attorney appointed under sub. (1) (a) shall be deemed to be a member of a committee described under SCR 20:8.3 (c).
12.02(5)(5) A trustee attorney is governed by the same rules of professional conduct applicable to the assisted attorney with respect to client matters and files.
12.02(6)(6) The trustee attorney appointed under sub. (1) (a) shall have his or her own professional liability coverage with a carrier admitted to do insurance business in this state and whose coverage language clearly covers the work of the trustee attorney acting under this section.
History: Sup. Ct. Order No.
99-03
, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
10-07
, 2010 WI 119, 328 Wis. 2d xvii.
12.03SCR 12.03 Sole practitioners; death or disappearance.
12.03(1)(a)(a) Upon the death of an attorney who is a sole practitioner, any interested person or person licensed to practice law in this state may file a petition in the circuit court for the county in which the attorney resided or maintained his or her office alleging that the attorney is deceased and that no satisfactory arrangements have been made for the winding up of his or her practice. The petition and a notice of hearing shall be served upon the personal representative for the estate of the deceased attorney. If there is no personal representative appointed, service shall be made upon an adult heir or such person as the court considers appropriate and the court may appoint a special administrator in those cases. Upon a showing at a hearing that no satisfactory arrangements have been made to wind up the practice of the deceased attorney, the court shall appoint a trustee attorney and notify the office of lawyer regulation of the appointment.
12.03(1)(b)(b) An attorney appointed under par. (a) shall enter the offices of the deceased attorney and do all the following:
12.03(1)(b)2.2. Notify all clients being represented in pending matters of the appointment of the attorney under par. (a) as promptly as possible, personally or by mail, and advise them to seek counsel of their choice. At the request of a client, an attorney appointed under par. (a) may act as interim counsel, subject to the par. (c) 4.
12.03(1)(b)3.3. Deliver client files and property to the clients upon their request.
12.03(1)(b)4.4. Collect outstanding attorney fees, costs and expenses and make arrangements for the prompt resolution of any disputes concerning outstanding attorney fees, costs and expenses.
12.03(1)(b)5.5. Assist and cooperate with the deceased attorney's personal representative, special administrator or other representative of the deceased attorney's estate in the termination or sale of the law practice under SCR 20:1.17.
12.03(1)(c)(c) An attorney appointed under par. (a) and his or her law firm shall:
12.03(1)(c)1.1. Not serve in any other capacity in the administration of the deceased attorney's estate.
12.03(1)(c)2.2. Be compensated from the assets of the estate for his or her professional services and reasonable and necessary expenses.
12.03(1)(c)3.3. Be eligible to be a purchaser of the law practice under SCR 20:1.17.
12.03(1)(c)4.4. Not be permitted to act as successor attorney except and until the trustee attorney becomes a purchaser of the law practice under SCR 20:1.17.
12.03(1)(d)(d) The personal administrator and heirs of the deceased attorney may nominate a trustee attorney.
12.03(1)(e)(e) The estate of the deceased attorney shall be liable for the compensation and expenses of the trustee attorney ordered under sub. (3).
12.03(2)(a)(a) Upon the abandonment or disappearance of an attorney who is a sole practitioner that continues for not less than 21 days, any interested person or person licensed to practice law in this state may file a petition in the circuit court for the county in which the attorney resided or maintained his or her office alleging the abandonment or disappearance and that no satisfactory arrangements have been made to continue the practice. The petition and a notice of hearing shall be served personally upon the attorney. If personal service upon the attorney cannot be accomplished, notice by publication of a class 1 notice, as provided in ch. 985 of the statutes, and mailing shall be sufficient service, except that the court may determine that additional notice is required. Upon a finding that the attorney has disappeared or abandoned his or her practice, if no other satisfactory arrangements have been made to continue the practice, the court shall appoint a trustee attorney and notify the office of lawyer regulation of the appointment.
12.03(2)(b)(b) An attorney appointed under par. (a) shall enter the offices of the absent attorney and do all of the following:
12.03(2)(b)2.2. Notify all clients being represented in pending matters of the appointment of the attorney under par. (a) as promptly as possible, personally or by mail, and advise them to seek counsel of their choice. At the request of a client, an attorney appointed under par. (a) may act as interim counsel, subject to par. (c) 3.
12.03(2)(b)3.3. Deliver client files and property to the clients upon their request.
12.03(2)(b)4.4. Collect outstanding attorney fees, costs and expenses and make arrangements for the prompt resolution of any disputes concerning outstanding attorney fees, costs and expenses.
12.03(2)(b)5.5. Collect any moneys and safeguard any assets in the office of the absent attorney and hold the moneys and assets in trust pending their disposition upon order of the court.
12.03(2)(c)(c) An attorney appointed under par. (a) and his or her law firm shall:
12.03(2)(c)1.1. Not serve in any representative capacity for the absent attorney or his or her family.
12.03(2)(c)2.2. Be compensated from the assets collected for his or her professional services and reasonable and necessary expenses.
12.03(2)(d)(d) The absent attorney shall be personally liable for the compensation and expenses of the trustee attorney ordered under sub. (3).
12.03(2)(e)(e) The trustee attorney shall hold in trust any remaining assets of the attorney subject to order of the court.
12.03(3)(3) The court shall review the amounts requested by the trustee attorney for compensation and reimbursement under subs. (1) (c) 2. and (2) (c) 2. and shall make a finding as to the reasonableness and necessity of the compensation and expenses before entering the order authorizing their payment.
12.03(4)(4) Upon a showing that the trustee attorney has completed his or her responsibilities under sub. (1) or (2), the court may discharge the trustee attorney.
12.03(5)(5) A trustee attorney appointed under sub. (1) (a) or (2) (a) shall be deemed to be a member of a committee described under SCR 20:8.3 (c).
12.03(6)(6) A trustee attorney is governed by the same rules of professional conduct applicable to the absent attorney with respect to client matters and files.
12.03(7)(7) The trustee attorney appointed under sub. (1) (a) or (2) (a) shall have his or her own professional liability coverage with a carrier admitted to do insurance business in this state and whose coverage language clearly covers the work of the trustee attorney acting under this section.
12.03(8)(8) In the event that more than one petition is filed under SCR 22.27 (9) (a) or sub. (1) or (2) of this section, the proceedings shall be consolidated and only one trustee attorney shall be appointed.
History: Sup. Ct. Order No. 93-16, 180 Wis. 2d xxi (1993); Sup. Ct. Order No.
99-03
, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
10-07
, 2010 WI 119, 328 Wis. 2d xvii.
Case Note: A trustee appointed under sub. (2) who obtains and searches client files is engaged in governmental action and must comport with the 4th Amendment. State v. Knight, 2000 WI App 16, 232 Wis. 2d 305, 606 N.W.2d 291.
Comment: 1. An agreed-to voluntary suspension is subject to the provisions of SCR 22.26 activities on revocation or suspension of license.
2. Source, s. 256.286, 1975 stats.
12.04SCR 12.04 Wisconsin lawyers' fund for client protection: creation and purpose. A Wisconsin Lawyers' Fund for Client Protection of the state bar of Wisconsin is created to reimburse, to the extent and in the manner provided by this chapter, losses caused by the dishonest conduct of members of the state bar of Wisconsin.
History: Sup. Ct. Order No.
99-03
, 2000 WI 106, 237 Wis. 2d xix; Sup. Ct. Order No.
04-02
, 2004 WI 117, 272 Wis. 2d xiii; Sup. Ct. Order No.
06-04
, 2007 WI 48, 297 Wis. 2d xv.
12.045SCR 12.045 Definitions. In ss. 12.04 to 12.11:
12.045(1)(1) "Attorney" means a person who, at the time of the act complained of, was a member of the state bar of Wisconsin, except a person who was an inactive member at that time.
12.045(2)(2) "Claimant" means a person who has applied to the fund for reimbursement.
12.045(3)(3) "Client" means a person engaging the professional legal services of an attorney or for whose benefit the attorney is acting in a fiduciary capacity.
12.045(4)(4) "Committee" means the Wisconsin lawyers' fund for client protection committee.
12.045(5)(5) "Dishonest conduct" means any of the following:
12.045(5)(a)(a) A willful act committed by an attorney that causes a reimbursable loss to a client in the manner of defalcation or embezzlement of money.
12.045(5)(b)(b) The intentional taking or conversion of money, property or other things of value.
12.045(5)(c)(c) The failure to refund an unearned advanced fee.
12.045(6)(6) "Fund" means the Wisconsin lawyers' fund for client protection of the state bar of Wisconsin.
12.045(7)(a)(a) "Reimbursable loss" means a loss of money or other property of a client that meets all of the following conditions:
12.045(7)(a)1.1. The loss was caused by the dishonest conduct of an attorney while performing services under his or her license to practice law in Wisconsin.
12.045(7)(a)2.2. The attorney was acting either as attorney in the matter out of which the loss arose or in a fiduciary capacity customary to the practice of law.
12.045(7)(a)3.e.e. Consented to the revocation of his or her license to practice law;
12.045(7)(a)3.h.h. Been adjudged guilty of a crime based upon the dishonest conduct of the attorney; or
12.045(7)(a)4.4. The act that occasioned the loss occurred on or after March 1, 1981.
12.045(7)(b)(b) "Reimbursable loss" does not include any of the following:
12.045(7)(b)1.1. Losses of a spouse, child, parent, grandparent, sibling, partner, associate, or employee of the attorney or attorneys causing the losses.
12.045(7)(b)2.2. Losses covered by any bond, surety agreement or insurance contract to the extent covered thereby, including any loss to which any bondsman or surety or insurer is subrogated to the extent of that subrogated interest.
12.045(7)(b)3.3. Losses of any financial institution that could be recoverable under a "banker's blanket bond" or similar insurance or surety contract, whether or not the institution had such bond or contract in force.
12.045(7)(b)5.5. Losses barred under any applicable statute of limitations.
12.045(8)(8) "State bar" means the state bar of Wisconsin.
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