State Bar of Wisconsin

Definitions-Ethics Subcommittee
Meeting Minutes
October 8, 1997

Members present were Subcommittee Chair, Attorney Casey Andringa, Crystal Hyslop, Rochelle Loewenhagen, Shawn Olley, Attorney Frank Remington and Attorney Daniel Tuchscherer, Jr. Also present was staff liaison Linda Barth.

The committee worked through SCR 20 along with the materials provided by committee members and decided which provisions should be maintained in a separate rule for paralegals. The following provisions were included:

SCR 20:1.1 Competence
SCR 20:1.2 Scope of Representation (as Scope of Assistance or Services)
SCR 20:1.3 Diligence
SCR 20:1.6 Confidentiality of Information
SCR 20:1.8 Conflict of Interest: Prohibited Transactions
SCR 20:1.10 Imputed Disqualification: General Rule
SCR 20:1.11 Successive Government and Private Employment
SCR 20:1.12 Former Judge or Arbitrator (municipal judge)
SCR 20:1.16 Declining or Terminating Representation

SCR 20:3.1 Meritorious Claims and contentions
SCR 20:3.3 Candor Toward the Tribunal
SCR 20:3.4 Fairness to Opposing Party and Counsel
SCR 20:3.5 Impartiality and Decorum of the Tribunal
SCR 20:3.6 Trial Publicity
SCR 20:3.7 Lawyer as a Witness (Paralegal as a Witness)
SCR 20:3.9 Advocate in Nonadjudicative Proceedings
SCR 20:3.10 Threatening Criminal Prosecution

SCR 20:4.1 Truthfulness in Statements to Others
SCR 20:4.2 Communication with Person Represented by Counsel
SCR 20:4.3 Dealing with Unrepresented Person
SCR 20:4.4 Respect of Rights of Third Persons
SCR 20:6.1 Pro Bono Publico Services (must be redrafted)
SCR 20:6.3 Membership in Legal Services Organization
SCR 20:6.4 Law Reform Activities Affecting Client Interests

SCR 20:7 (totally redrafted)

SCR 20:8.1 Bar Admission and Disciplinary Matters (reworked)
SCR 20:8.2 (a) only Judicial and Legal Officials
SCR 20:8.3 Reporting Professional Misconduct (paralegals reporting paralegals)
SCR 20:8.4 Misconduct (need a paralegal oath)
SCR 20:8.5 Disciplinary Authority: Choice of Law

Members of the Subcommittee should review Attorney Remington's draft and make changes or comments and get them back to him. He will be drafting all changes. Ms. Olley volunteered to redraft SCR 20:7. Ms. Hyslop volunteered to redraft SCR 20:6. Attorney Tuchscherer volunteered to work on a paralegal oath and a subcommittee of Ms. Olley, Ms. Hyslop and Ms. Lowenhagen will work on a paralegal preamble.

The group also decided that the word "representation" was best replaced with the word "assistance" and Ms. Hyslop will designate provisions where the word "assistance" is not the most appropriate.

All changes are due to Attorney Remington by Monday, November 3rd. He will have a redraft out to everyone for review by Monday, November 10th and the Subcommittee will meet again on Thursday, November 20th in Madison.

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