WI · rules
SCR 12.10
Subrogation
(1) If payment is made from the fund, the fund shall be subrogated
in the amount of that payment and may bring such action as is deemed
advisable against the attorney, his or her assets or estate. The action may
be brought either in the name of the claimant or in the name of the state
bar on behalf of the fund. The claimant shall be required to execute a
subrogation agreement which shall include a provision that in the event
the claimant or his or her estate should ever receive any restitution from
the attorney or his or her estate, the claimant shall repay to the fund the
amount received up to the amount of the payment made from the fund.
Upon commencement of any action by the fund pursuant to its
subrogation rights, the committee shall advise the claimant, who may
then join in the action to press a claim for his or her loss in excess of the
amount of the reimbursement from the fund.
(2) Any amounts recovered from the attorney, either by the fund
or by the claimant, in excess of the amount to which the fund is
subrogated, less the actual costs of such recovery, shall be paid to or
retained by the claimant.
Provenance
- Source
- www.wicourts.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
b61f4931548b31ed074e581dde3e1e0f6ee8343720d675c9a448572b3287941b
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