WI · rules
SCR 22.001
Definitions
In SCR chapter 21 and this chapter:
(1) "Attorney" means a person admitted to the practice of law in
this state and a person admitted to practice in another jurisdiction who
appears before a court or administrative agency in this state or engages
in any other activity in this state that constitutes the practice of law.
(2) "Cause to proceed" means a reasonable belief based on a
review of an investigative report that an attorney has engaged in
misconduct that warrants discipline or has a medical incapacity that
may be proved by clear, satisfactory and convincing evidence.
(3) "Costs" means the compensation and necessary expenses of
referees, fees and expenses of counsel for the office of lawyer
regulation, a reasonable disbursement for the service of process or other
papers, amounts actually paid out for certified copies of records in any
public office, postage, telephoning, adverse examinations and
depositions and copies, expert witness fees, witness fees and expenses,
compensation and reasonable expenses of experts and investigators
employed on a contractual basis, and any other costs and fees
authorized by chapter 814 of the statutes.
(4) "Director" means the director of the office of lawyer
regulation provided in SCR 21.03.
(5) "Grievance" means an allegation of possible attorney
misconduct or medical incapacity received by the office of lawyer
regulation.
(6) "Grievant" means the person who presents a grievance,
except that a judicial officer who communicates a matter to the office
of lawyer regulation in the course of official duties is not a grievant.
(7) "Malfeasance" means a violation of the rules provided in
SCR chapter 21 and this chapter.
(8) "Medical incapacity" means a physical, mental, emotional,
social or behavioral condition that is recognized by experts in medicine
or psychology as a principal factor which substantially prevents a
person from performing the duties of an attorney to acceptable
professional standards.
(9) "Misconduct" means any of the following:
(a) Violation or attempted violation of SCR chapter 20 - rules of
professional conduct for attorneys, knowingly assisting or inducing
another to do so, or doing so through the acts of another.
(b) Failure to cooperate in the investigation of a grievance.
(c) Engaging in prohibited conduct in respect to an attorney
whose license to practice law is suspended or revoked.
(d) Commission of a criminal act that reflects adversely on an
attorney's honesty, trustworthiness or fitness as an attorney in other
respects.
(e) Engaging in conduct involving dishonesty, fraud, deceit or
misrepresentation.
(f) Stating or implying an ability to influence improperly a
government agency or official.
(g) Knowingly assisting a judge or judicial officer in conduct
that is a violation of applicable rules of judicial conduct or other law.
(h) Violation of a statute, supreme court rule, supreme court
order or supreme court decision regulating the conduct of lawyers.
(j) Violation of the attorney's oath.
(9m) "Public member" means an individual who is eligible to
vote in the state of Wisconsin, but who is not a member of the state bar
of Wisconsin.
(10) "Respondent" means an attorney alleged in a grievance or
in a complaint to have engaged in misconduct or alleged in a grievance
or in a petition to have a medical incapacity.
History
COMMENT In exercising its discretion, the office of lawyer regulation considers factors such as the de minimus nature of a violation, whether the attorney acknowledges the violation, whether the violation caused harm, whether the attorney has remediated any harm, and whether the violation is part of a pattern of misconduct or is repeated misconduct.
Provenance
- Source
- www.wicourts.gov
- Retrieved
- 2026-09-23
- Edition
- 2026-09-23
- Content hash
235686ca6c9038b8b2ed866cb9f285ef0907d0307d79975fbc773e060af77503
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