SCR 12.045

In ss. 12.04 to 12.11:

(1) "Attorney" means a person who, at the time of the act

complained of, was a member of the state bar of Wisconsin, except a

person who was an inactive member at that time.

(2) "Claimant" means a person who has applied to the fund for

reimbursement.

(3) "Client" means a person engaging the professional legal

services of an attorney or for whose benefit the attorney is acting in a

fiduciary capacity.

(4) "Committee" means the Wisconsin lawyers’ fund for client

protection committee.

(5) "Dishonest Conduct" means any of the following:

(a) A willful act committed by an attorney that causes a

reimbursable loss to a client in the manner of defalcation or

embezzlement of money.

(b) The intentional taking or conversion of money, property or

other things of value.

(c) The failure to refund an unearned advanced fee.

(6) "Fund" means the Wisconsin lawyers’ fund for client

protection of the state bar of Wisconsin.

(7)(a) "Reimbursable Loss" means a loss of money or other

property of a client that meets all of the following conditions:

1. The loss was caused by the dishonest conduct of an attorney

while performing services under his or her license to practice law in

Wisconsin.

2. The attorney was acting either as attorney in the matter out of

which the loss arose or in a fiduciary capacity customary to the practice

of law.

3. The attorney has:

a. Died;

b. Been adjudicated a bankrupt;

c. Been adjudicated incompetent;

d. Been disbarred or suspended from the practice of law;

e. Consented to the revocation of his or her license to practice

law;

f. Failed to refund an unearned advanced fee;

g. Become a judgment debtor of the person claiming the loss;

h. Been adjudged guilty of a crime based upon the dishonest

conduct of the attorney; or

i. Left the jurisdiction or cannot be found.

4. The act that occasioned the loss occurred on or after March 1,

1981.

(b) “Reimbursable Loss” does not include any of the following:

1. Losses of a spouse, child, parent, grandparent, sibling, partner,

associate, or employee of the attorney or attorneys causing the losses.

2. Losses covered by any bond, surety agreement or insurance

contract to the extent covered thereby, including any loss to which any

bondsman or surety or insurer is subrogated to the extent of that

subrogated interest.

3. Losses of any financial institution that could be recoverable

under a "banker's blanket bond" or similar insurance or surety contract,

whether or not the institution had such bond or contract in force.

4. Losses that are recoverable from some other source.

5. Losses barred under any applicable statute of limitations.

(8) "State bar" means the state bar of Wisconsin.