Wisconsin Lawyer
Vol. 79, No. 10, October
2006
When a Solo Practice is Abandoned
The State Bar has programs in place to support the critical public
service provided by attorneys who step
up to help clients ofimpaired lawyers and abandoned practices
by George C. Brown,
State Bar executive director
It can happen from a half dozen to more than 12 times a year. The
State Bar receives a phone call from a
lawyer concerned about another lawyer who has "gone missing."
Sometimes the calls come to me; others usually go to State Bar
staff members Tim Pierce, the ethics counsel, or to Shell Goar, the
WisLAP coordinator, or to Kris Wenzel, the outreach
coordinator. Sometimes the caller's concern is that a lawyer has died;
other times that a lawyer has trouble with alcohol or drugs or
depression and has simply stopped practicing. Sometimes, although
rarely, the concern is that a lawyer has just disappeared. All are
solo practitioners with no partner or no plan to transition the
practice. Deadlines are looming, responses are needed, and clients are
not being served.
What can the State Bar do?
Thanks to a program designed for just such a purpose, the State Bar
is in a position to help local attorneys address
these unfortunate problems. If you run into a similar situation, here
is what you can do.
After you have determined that the practice has indeed been
abandoned (most lawyers first contact other members of the
local bar), you or another lawyer can petition the local circuit court
to be named a trustee of the practice. As trustee you are
responsible for evaluating pending cases and active files and then
finding lawyers who are willing to take over one or more cases or
files. However, after you have been named trustee, but before you touch
a file, contact the State Bar to speak with Kris Wenzel. Kris
will enroll you in the State Bar program that provides you with free
malpractice coverage through the Lawyers Assistance
Corporation while you are performing your trustee responsibilities. In
addition, the State Bar can help you cover some of the out-of-pocket
costs that you will incur. Kris also can explain to you how the
Wisconsin Lawyers' Fund for Client Protection program works, for
situations when clients have claims against the practice.
Throughout Wisconsin there are lawyers who have freely given their
time to help clients of impaired lawyers and
abandoned practices. Thank you for your public service. If you ever
find yourself in a trustee position, be sure to review SCR 12.02 and
12.03. Then, call Kris Wenzel
at the State Bar at (800) 728-7788, ext. 6185, or (608) 250-6185.
Wisconsin Lawyer