Vol. 76, No. 11, November
2003
Page
1: The Year in Review
Lawyer Regulation System
Composition
The composition and organization of the lawyer regulation system is
depicted in Figure 1. Following is a description of the components.
Wisconsin Supreme Court. The supreme court
supervises the lawyer regulation system, determines attorney misconduct
and medical incapacity, and imposes discipline or directs other
appropriate action in proceedings filed with the court.
Office of Lawyer Regulation. The Office of Lawyer
Regulation (OLR) consists of the director, investigative and support
staff, litigation counsel, and retained counsel. The OLR:
- receives and responds to inquiries and grievances relating to
attorneys;
- investigates allegations of attorney misconduct or medical
incapacity;
- diverts matters into an alternatives to discipline program;
- prosecutes misconduct or medical incapacity proceedings; and
- investigates license reinstatement petitions.
District Committees. District committees exist in
each of the 16 State Bar districts, and consist of lawyers and public
members appointed by the supreme court. Under the supervision of the
director, district committees:
- educate the bar and the public about the legal profession and
ethical practice of law;
- refer to the director possible misconduct or medical incapacity
matters;
- assist in the investigation of possible misconduct or medical
incapacity;
- recommend to the director the appropriate disposition of matters
they investigate;
- monitor an attorney's participation in an alternatives to discipline
program or an attorney's compliance with conditions on practice;
and
- assist in resolving minor disputes between an attorney and a
client.
Preliminary Review Committee. The Preliminary Review
Committee consists of 14 members, nine lawyers and five public members
appointed by the court. The committee is comprised of two seven-member
panels, each having at least four lawyers and at least two public
members. The panels:
- review the results of OLR and District Committee investigations and
determine whether there is cause to proceed in the matter;
- review, upon request by a grievant, decisions by the director to
dismiss a grievance after investigation; and
- confer with the Board of Administrative Oversight and suggest
improvements in the operation of the committee and its panels.
Board of Administrative Oversight. The Board of
Administrative Oversight consists of 12 members, eight lawyers and four
public members appointed by the court. The board:
- monitors the system's fairness, productivity, effectiveness, and
efficiency;
- monitors new procedure implementation;
- assesses public and bar perceptions of the system's integrity;
- reports its findings to the supreme court;
- reviews the system's operation with the court, and files an annual
report;
- proposes substantive and procedural rules;
- informs and educates the public and bar about the system; and
- proposes an annual budget.
Special Investigative Panel. The Special
Investigative Panel is composed of lawyers appointed by the supreme
court who are not currently serving in the lawyer regulation system. The
director refers allegations of misconduct against attorneys currently
serving in the system to a special investigator. In a referred matter,
the special investigator performs the functions that the director would
normally perform, which may include evaluating, investigating,
dismissing, diverting, or prosecuting the matter.
Special Preliminary Review Panel. The Special
Preliminary Review Panel is composed of four lawyers and three public
members appointed by the supreme court. In matters involving allegations
against current participants in the lawyer regulation system, the panel
reviews the special investigator's decision to close a matter without
investigation or dismiss a matter after investigation, and reviews an
investigative report to determine whether there is cause to proceed.
Referees. Referees are attorneys or reserve judges
appointed by the supreme court to:
- conduct hearings in proceedings alleging misconduct or medical
incapacity;
- conduct hearings on petitions for license reinstatement;
- review consensual public or private reprimands submitted by the
director; and
- review, upon the request of a grievant, determinations by
Preliminary Review Panels of no cause to proceed.
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Figure1
Lawyer Regulation System Organizational Chart
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|
|
|
Figure 2
Survey of Grievances Received During Fiscal 2003
|
| |
Total |
% of Total |
| Allegations |
|
|
Conflict of interest
Criminal conduct
Failure to return property
Frivolous action
IFOR (inquiries falling outside the rules)
Improper advertising
Improper advocacy
Improper communication
Improper termination
Incompetence
Lack of communication
Lack of diligence
Medical incapacity
Misrepresentation/dishonesty
Reciprocal discipline
Revealing confidences
Scope of representation
Statutory violation
Supervise subordinates
Trust account violation
Unauthorized practice
Unreasonable fees
Violation of decision
Violation of oath
Not available
Other
|
132
13
97
18
239
9
91
43
34
143
313
443
2
232
2
12
64
18
3
85
22
98
5
53
9
55
|
5.9
0.6
4.3
0.8
10.7
0.4
4.1
1.9
1.5
6.4
14.0
19.8
0.1
10.4
0.1
0.5
2.9
0.8
0.1
3.8
1.0
4.4
0.2
2.4
0.4
2.5
|
|
| Areas of Practice |
|
|
|
Administrative/government law
Bankruptcy/receivership
Collections, garnishments
Contracts, commercial, consumer law
Corporate/banking
Criminal law
Estate/probate, guardianship & wills
Family law & juvenile
Immigration & naturalization
Insurance
Labor, unemployment compensation
Landlord/tenant
Litigation
Patent/trademark
Real property law & foreclosure
Taxation
Torts, including PI, auto accidents,
& civil rights
Worker's comp., Social Security
Not available
Other
|
41
106
45
35
26
720
154
486
11
28
14
19
152
9
117
9
164
42
18
46
|
1.9
4.7
2.0
1.6
1.2
32.1
6.9
21.7
0.5
1.2
0.6
0.8
6.8
0.4
5.2
0.4
7.3
1.9
0.8
2.1
|
| Source of Grievance |
|
|
|
Client
Adverse party
Other person
Attorney
Staff
Judge
|
1,332
48
379
64
72
19
|
60.1
15.7
17.1
2.8
3.3
0.9
|
Wisconsin Lawyer
