SUPREME COURT OF WISCONSIN
_________________________________________________________________
In the Matter of the
Amendment of
Supreme Court
Rules: SCR 20:8.3(c): ORDER
Exceptions to
Requirement to Report No. 95-14
Misconduct
__________________________________________________________________
The court held a hearing November 14, 1995
on the petition of the State Bar of Wisconsin and the Board of Attorneys
Professional Responsibility to amend SCR 20:8.3(c) to except from an attorney's
obligation to report attorney misconduct any information acquired by an
attorney mediating or arbitrating disputes concerning law firm dissolutions and
termination or departure of lawyers from a law firm in the course of that
mediation or arbitration. The court has
considered the petition and the presentations made at the public hearing.
IT IS ORDERED that, effective the date of
this order,
1.
Supreme Court Rule 20:8.3(c) is amended to read:
20:8.3(c)
This rule does not require disclosure of any of the following:
(1)
information Information otherwise protected by Rule 1.6,
or.
(2)
information Information acquired by a one of the
following:
(i)
A member of any committee or organization approved by any bar
association to assist ill or disabled lawyers where such information is
acquired in the course of assisting an ill or disabled lawyer.
2.
Supreme Court Rule 20:8.3(c)(2)(ii) is created to read: 20:8.3(c)(2)(ii) Any person selected by a court or any bar
association to mediate or arbitrate disputes between lawyers arising out of a
professional or economic dispute involving law firm dissolutions, termination
or departure of one or more lawyers from a law firm where such information is
acquired in the course of mediating or arbitrating the dispute between lawyers.
COMMENT:
The provision in (c)(2)(ii) in no way relieves the lawyers or the law
firm participating in the mediation or arbitration process from their
responsibilities under SCR 20:8.3(a), nor does it immunize them from
professional discipline. The term
"law firm" is to be broadly construed to include but not be limited
to entities such as service corporations, partnerships and sole
proprietorships.
IT IS FURTHER ORDERED that the Comment
accompanying the rule amendment proposal is not adopted but shall be printed
for information purposes.
IT IS FURTHER ORDERED that notice of this
amendment of the Supreme Court Rules shall be given by a single publication of
a copy of this order in the official state newspaper and in an official
publication of the State Bar of Wisconsin.
Dated at Madison, Wisconsin, this 15th day
of November, 1995. BY
THE COURT:
_____________________________________
Marilyn L. Graves, Clerk