Wisconsin Lawyer
Vol. 75, No. 12, December
2002
Lawyer Regulation System Composition
The lawyer regulation system is made up of
several components. Here is a description of each.
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 investigated;
- 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 system's results of the 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.
Figure 2
Survey of Grievances Received During Fiscal 2002
|
Allegations
|
Total
|
% of Total
|
|
|
Conflict of interest
|
106
|
4.4
|
|
|
Criminal conduct
|
17
|
0.7
|
|
|
Failure to return property
|
103
|
4.3
|
|
|
Frivolous action
|
22
|
0.9
|
|
|
IFOR (inquiries falling outside the rules)
|
644
|
27
|
|
|
Improper advertising
|
11
|
0.5
|
|
|
Improper advocacy
|
34
|
1.4
|
|
|
Improper communications
|
44
|
1.8
|
|
|
Improper termination
|
15
|
0.6
|
|
|
Incompetence
|
61
|
2.5
|
|
|
Lack of communication
|
303
|
13
|
|
|
Lack of diligence
|
410
|
17
|
|
|
Medical incapacity
|
2
|
0.1
|
|
|
Misrepresentation/dishonesty
|
232
|
9.6
|
|
Reciprocal discipline
|
6
|
0.2
|
|
Revealing confidences
|
16
|
0.7
|
|
Scope of representation
|
50
|
2
|
|
Statutory violation
|
26
|
1
|
|
Supervise subordinates
|
5
|
0.2
|
|
Trust account violations
|
64
|
2.7
|
|
Unauthorized practice
|
28
|
1.2
|
|
Unreasonable fees
|
82
|
3.4
|
|
Violation of decision
|
7
|
0.2
|
|
Violation of oath
|
56
|
2.3
|
|
Not available
|
6
|
0.2
|
|
Other
|
52
|
2.1
|
| |
|
|
|
Area of Practice
|
Total
|
% of Total
|
|
Administrative/government law
|
28
|
1.2
|
|
Bankruptcy/receivership
|
78
|
3.2
|
|
Collections, garnishments
|
64
|
2.7
|
|
Contracts, commercial, consumer law
|
32
|
1.3
|
|
Corporate/banking
|
26
|
1.1
|
|
Criminal law
|
675
|
28.1
|
|
Environmental law
|
2
|
0.1
|
|
Estate/probate, guardianship & wills
|
145
|
6
|
|
Family law & juvenile
|
618
|
25.7
|
|
Immigration & naturalization
|
14
|
0.6
|
|
Insurance
|
31
|
1.3
|
|
Labor/unemployment compensation
|
23
|
1
|
|
Landlord/tenant
|
35
|
1.5
|
|
Litigation
|
147
|
6.1
|
|
Patent/trademark
|
3
|
0.1
|
|
Real property law & foreclosure
|
87
|
3.6
|
|
Taxation
|
12
|
0.5
|
|
Torts, inc. PI, auto accidents & civil rights
|
220
|
9.2
|
|
Worker's comp., Social Security
|
60
|
2.5
|
|
Not available
|
28
|
1.2
|
|
Other
|
76
|
3
|
 |
|
|
|
Source of Grievance
|
Total
|
% of Total
|
|
Client
|
1,413
|
59
|
|
Adverse party
|
335
|
14
|
|
Other person
|
450
|
18.8
|
|
Attorney
|
78
|
3.3
|
|
Staff
|
98
|
4.1
|
|
Judge
|
16
|
0.8
|
Figure 3
Attorneys Disciplined Compared to Total Membership
|
|
Attorneys
Publicly
Disciplined
|
State Bar
Membership
|
% Lawyers
Publicly
Disciplined
|
|
2001-02
|
20
|
20,772
|
0.1
|
|
2000-01
|
37
|
20,551
|
0.2
|
|
1999-00
|
24
|
20,167
|
0.1
|
|
1998-99
|
34
|
19,984
|
0.2
|
|
1997-98
|
37
|
19,581
|
0.2
|
|
1996-97
|
28
|
19,301
|
0.1
|
|
1995-96
|
33
|
18,938
|
0.2
|
|
1994-95
|
47
|
18,558
|
0.3
|
|
1993-94
|
55
|
17,974
|
0.3
|
|
1992-93
|
69
|
17,648
|
0.4
|
|
1991-92
|
50
|
17,407
|
0.3
|
|
1990-91
|
45
|
16,334
|
0.3
|
|
1989-90
|
33
|
15,876
|
0.2
|
|
1988-89
|
38
|
15,451
|
0.2
|
|
1987-88
|
39
|
14,942
|
0.3
|
|
1986-87
|
32
|
14,533
|
0.2
|
|
1985-86
|
45
|
14,312
|
0.3
|
|
1984-85
|
38
|
14,096
|
0.3
|
|
1983-84
|
45
|
13,536
|
0.3
|
|
1982-83
|
36
|
13,300
|
0.3
|
|
1981-82
|
28
|
12,700
|
0.2
|
|
1980-81
|
20
|
12,300
|
0.2
|
|
1979-80
|
16
|
11,900
|
0.1
|
|
1978-79
|
11
|
11,600
|
0.1
|
Figure 4
Type of Misconduct Found in Public Discipline Decisions Fiscal Year
2001-2002
* The category "Other" includes criminal conduct, frivolous action,
reciprocal discipline, and trust account violations.
Wisconsin
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