A Claim is eligible when a client suffers financial loss due to the dishonest conduct of their attorney.
Next Meeting: June 3, 2024
Application Deadline:
Monday, April 1, 2024
To qualify for reimbursement from the Fund, a claim must meet the following conditions:
- The person filing the claim (the claimant) must have hired an attorney who is licensed in Wisconsin.
- The attorney must have been acting as the claimant's attorney in the matter out of which the loss arose or in a fiduciary capacity on their behalf.
- The attorney must have engaged in dishonest conduct, which is defined as:
- A willful act committed by an attorney to embezzle, misuse, misappropriate, or steal money or funds held in trust; or
- The intentional taking or conversion of money, property, or other things of value; or
- The failure to refund an unearned advanced fee.
In addition, the attorney involved must meet one of the following requirements:
-
The attorney is deceased or has been declared incompetent;
- The attorney has been adjudicated in bankruptcy;
- The attorney has been disbarred, suspended, or resigned from the practice of law;
- The attorney has been adjudicated guilty of a crime based upon the dishonest conduct of the attorney;
- The attorney has left the state of Wisconsin or cannot be found;
- The act that occasioned the loss occured on or after March 1, 1981.
Certain claims or losses are not eligible for the Fund. These include:
- The malpractice or negligence of lawyers;
- Disputes over the quality or timeliness of service;
- Fee disputes for the cost of legal representation;
- Incidental or consequential damages, such as interest, court costs, or lost opportunities;
- The person suffering the loss is related to the attorney as a spouse, child, parent, grandparent, brother or sister, or is the attorney's partner, business associate, or employee;
- The loss is covered by insurance, bond, or similar protection;
- The loss can be recovered from the attorney;
- The claim is barred by a statute of limitation.
For questions regarding eligiblity or to file a claim, contact
WLFCP@wisbar.org.
