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    Wisconsin Lawyer
    November 01, 2003

    Regulating the Legal Profession: OLR Annual Report 3

    This report from the Office of Lawyer Regulation looks at the disposition of grievances against lawyers from July 1, 2002 to June 30, 2003.

    The Board of Administrative Oversight & Office of Lawyer Regulation

    Wisconsin Lawyer
    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.

    Figure1
    Lawyer Regulation System Organizational Chart

    Lawyer Reg Organizational   Chrat
     
    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

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