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    Wisconsin Lawyer
    September 30, 2006

    Abandoned Solo Practice

    The State Bar has programs in place to support the critical public service provided by attorneys who step up to help clients of impaired lawyers and abandoned practices.

    George Brown

    Wisconsin LawyerWisconsin 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

    George Brown

    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.


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