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WI · rules

SCR 22.001

Definitions

activein force · 2025-10-30 – presentact-effective-date

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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