State Bar of Wisconsin

Unauthorized Practice of Law Policy Committee

Overview

While the matter has been addressed by the State Bar of Wisconsin, the Wisconsin Supreme Court and the Legislature in the past ten years, the unauthorized practice of law remains a serious threat to the public and the profession. It continues to be a matter of great concern to lawyers and citizens across the state. In July of 2010, the Wisconsin Supreme Court granted the State Bar's petition to define the practice of law.

Not content to default on a growing problem nor defer to the Legislature, the Court exercised its inherent authority to define and regulate the practice of law in Wisconsin and adopted rules intended to protect the public from potential harm caused by the actions of non-lawyers engaging in the unauthorized practice of law. The Court, however, declined to establish enforcement authority or declare remedies to police unauthorized practice.

On January 1, 2011, Chapter 23 of the Wisconsin Supreme Court Rules (SCR 23) went into effect. SCR 23 applies to many non-lawyer practitioners engaged in the provision of legal services.

The State Bar of Wisconsin’s UPL Policy Committee monitors developments related to the unauthorized practice of law. If you have questions or concerns regarding UPL, please contact Adam Korbitz at (800) 444-9404, ext. 6140 or (608) 250-6140.

Background

UPL Policy Committee roster, 2011-2012
SCR Chapter 23, January 1, 2011
Amended UPL petition language, filed August 2008
State Bar comments in support of amended UPL language, August 2008
Read the original petition, filed June 2007 (pdf, 430 KB)
  - Exhibit A (pdf, 240 KB)
  - Exhibit B (pdf, 4.2 MB)
  - Exhibit C (pdf, 2.3 MB)
  - Executive Summary (pdf, 1.1 MB)
Report to the Board of Governors, Dec. 8, 2006 (pdf, 51 KB)
Memorandum of Law regarding Supreme Court’s authority to define and regulate the practice of law, Thomas J. Basting, Sr., 2005
History

Related Articles

Supreme Court issues final UPL rule - July 9, 2010
Supreme Court unanimously approves UPL rule but without enforcement mechanism - June 2, 2010
Supreme Court unanimously votes to proceed with draft UPL rule - Mar. 9, 2010
Consumers must be protected from unqualified “legal advice” - Mar. 5, 2010
Only the Supreme Court can stop UPL in Wisconsin - Mar. 1, 2010
Internet proves to be fertile ground for UPL in Wisconsin - Feb. 22, 2010
Consumer debt a rich opportunity for possible UPL operations in Wisconsin - Feb. 19, 2010
Local governments around Wisconsin targeted by possible UPL operations - Feb. 10, 2010
Despite notario law, UPL operations targeting immigrants persist in Wisconsin - Feb. 1, 2010
Divorce makes easy target for UPL operators, Wisconsin-based website proves - Jan. 26, 2010
Business guilty of UPL in Ohio now soliciting clients in Wisconsin with impunity - Jan. 20, 2010
Case of independent paralegal raises UPL questions - Jan. 13, 2010
Supreme Court must approve UPL petition to protect public, State Bar members say - Jan. 6, 2010
Board of Governors calls on Supreme Court to approve UPL petition – Dec. 4, 2009
Retired Justice Wilcox on the unauthorized practice of law: 'Let the court know your concerns' – Inside Track, Dec. 2, 2009
Only Lawyers Need a License to Practice Law in Wisconsin – Wisconsin Lawyer, Oct. 1, 2009
State Bar faces busy year with Supreme Court rule-making – Sept. 21, 2009
Wisconsin Supreme Court will continue to review State Bar UPL committee – Inside the Bar, December 2008
Supreme Court moves on State Bar consumer protection petition – Inside the Bar, January 2008
State Bar petition seeks to protect consumers against unauthorized practice of law – Inside the Bar, August 2007
Legal Services Consumer Protection Act, State Bar president statement – June 19, 2007
State Supreme Court asked to adopt 'Legal Services Consumer Protection Act' – Press Release, June 19, 2007 
The Unauthorized Practice of Law: Court Tells Profession, Show Us the Harm – Wisconsin Lawyer, October 2005

Questions

Please contact Adam Korbitz at (800) 444-9404, ext. 6140 or (608) 250-6140.