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WI · rules

SCR 12.08

Payment of claims

activein force · 2021-07-01 – presentact-effective-date

(1) Considerations. No claim shall be paid unless there is an

affirmative vote for payment of at least 4 members of the committee. In

determining payment the committee shall consider, among other

appropriate factors, the following:

(a) The amounts available and likely to become available to the

fund for the payment of claims and the size and number of claims which

are likely to be presented;

(b) The amount of the claimant's loss as compared with the amount

of losses sustained by other eligible claimants;

(c) The degree of hardship suffered by the claimant as a result of

the loss;

(d) The degree of negligence, if any, of the claimant which may

have contributed to the loss;

(e) The existence of any collateral source for the reimbursement

of the loss.

(2) Limitations on payment.

(a) The committee shall, by rule, fix the maximum amount which

any one claimant may recover from the fund and may, by rule, fix the

aggregate amount which may be recovered because of the dishonest

conduct of any one attorney.

(b) If the fund is not sufficient to pay all claims which the

committee determines should be paid, the committee may, in its

discretion, defer payment of all or any portion of one or more claims. If

the full amount of the claim has not been paid within 5 years from the

date the claim is made, any balance remaining unpaid shall remain unpaid

and the claim shall be closed.

(3) Rights to fund. No claimant or any other person or

organization shall have any right in the fund as beneficiary or otherwise.

All payments from the fund shall be a matter of discretion and not of right.

(4) Attorney's fee. No attorney representing a claimant shall be

compensated from any source for his or her services.

Provenance

Source
www.wicourts.gov
Retrieved
2026-09-23
Edition
2026-09-23
Content hash
f3d316c773a4bd97be6b15fd213eca9d9d9b098701b5b0434a5bd962c865a5c0
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SCR 12.08 — Payment of claims · binding.law