SCR 12.03

(1) Death. (a) Upon the death of an attorney who is a sole

practitioner, any interested person or person licensed to practice law in

this state may file a petition in the circuit court for the county in which

the attorney resided or maintained his or her office alleging that the

attorney is deceased and that no satisfactory arrangements have been

made for the winding up of his or her practice. The petition and a notice

of hearing shall be served upon the personal representative for the estate

of the deceased attorney. If there is no personal representative appointed,

service shall be made upon an adult heir or such person as the court

considers appropriate and the court may appoint a special administrator

in those cases. Upon a showing at a hearing that no satisfactory

arrangements have been made to wind up the practice of the deceased

attorney, the court shall appoint a trustee attorney and notify the office of

lawyer regulation of the appointment.

(b) An attorney appointed under par. (a) shall enter the offices of

the deceased attorney and do all the following:

1. Protect the clients' rights, files and property.

2. Notify all clients being represented in pending matters of the

appointment of the attorney under par. (a) as promptly as possible,

personally or by mail, and advise them to seek counsel of their choice.

At the request of a client, an attorney appointed under par. (a) may act as

interim counsel, subject to the par. (c) 4.

3. Deliver client files and property to the clients upon their request.

4. Collect outstanding attorney fees, costs and expenses and make

arrangements for the prompt resolution of any disputes concerning

outstanding attorney fees, costs and expenses.

5. Assist and cooperate with the deceased attorney's personal

representative, special administrator or other representative of the

deceased attorney's estate in the termination or sale of the law practice

under SCR 20:1.17.

(c) An attorney appointed under par. (a) and his or her law firm

shall:

1. Not serve in any other capacity in the administration of the

deceased attorney's estate.

2. Be compensated from the assets of the estate for his or her

professional services and reasonable and necessary expenses.

3. Be eligible to be a purchaser of the law practice under SCR

20:1.17.

4. Not be permitted to act as successor attorney except and until

the trustee attorney becomes a purchaser of the law practice under SCR

20:1.17.

(d) The personal administrator and heirs of the deceased attorney

may nominate a trustee attorney.

(e) The estate of the deceased attorney shall be liable for the

compensation and expenses of the trustee attorney ordered under sub. (3).

(2) Disappearance. (a) Upon the abandonment or disappearance

of an attorney who is a sole practitioner that continues for not less than

21 days, any interested person or person licensed to practice law in this

state may file a petition in the circuit court for the county in which the

attorney resided or maintained his or her office alleging the abandonment

or disappearance and that no satisfactory arrangements have been made

to continue the practice. The petition and a notice of hearing shall be

served personally upon the attorney. If personal service upon the attorney

cannot be accomplished, notice by publication of a class 1 notice, as

provided in ch. 985 of the statutes, and mailing shall be sufficient service,

except that the court may determine that additional notice is required.

Upon a finding that the attorney has disappeared or abandoned his or her

practice, if no other satisfactory arrangements have been made to

continue the practice, the court shall appoint a trustee attorney and notify

the office of lawyer regulation of the appointment.

(b) An attorney appointed under par. (a) shall enter the offices of

the absent attorney and do all of the following:

1. Protect the clients' rights, files and property.

2. Notify all clients being represented in pending matters of the

appointment of the attorney under par. (a) as promptly as possible,

personally or by mail, and advise them to seek counsel of their choice.

At the request of a client, an attorney appointed under par. (a) may act as

interim counsel, subject to par. (c) 3.

3. Deliver client files and property to the clients upon their request.

4. Collect outstanding attorney fees, costs and expenses and make

arrangements for the prompt resolution of any disputes concerning

outstanding attorney fees, costs and expenses.

5. Collect any moneys and safeguard any assets in the office of the

absent attorney and hold the moneys and assets in trust pending their

disposition upon order of the court.

(c) An attorney appointed under par.(a) and his or her law firm

shall:

1. Not serve in any representative capacity for the absent attorney

or his or her family.

2. Be compensated from the assets collected for his or her

professional services and reasonable and necessary expenses.

3. Not be permitted to act as successor attorney.

(d) The absent attorney shall be personally liable for the

compensation and expenses of the trustee attorney ordered under sub. (3).

(e) The trustee attorney shall hold in trust any remaining assets of

the attorney subject to order of the court.

(3) The court shall review the amounts requested by the trustee

attorney for compensation and reimbursement under subs. (1)(c)2. and

(2)(c)2. and shall make a finding as to the reasonableness and necessity

of the compensation and expenses before entering the order authorizing

their payment.

(4) Upon a showing that the trustee attorney has completed his or

her responsibilities under sub. (1) or (2), the court may discharge the

trustee attorney.

(5) A trustee attorney appointed under sub. (1)(a) or (2)(a) shall

be deemed to be a member of a committee described under SCR

20:8.3(c).

(6) A trustee attorney is governed by the same rules of professional

conduct applicable to the absent attorney with respect to client matters

and files.

(7) The trustee attorney appointed under sub. (1)(a) or (2)(a) shall

have his or her own professional liability coverage with a carrier admitted

to do insurance business in this state and whose coverage language

clearly covers the work of the trustee attorney acting under this section.

(8) In the event that more than one petition is filed under SCR

22.27(9)(a) or sub. (1) or (2) of this section, the proceedings shall be

consolidated and only one trustee attorney shall be appointed.

COMMENT

1. An agreed-to voluntary suspension is subject to the provisions of SCR 22.26 activities

following suspension or revocation.

2. Source, s. 256.286, 1975 stats.