2010 WI 119

 

Supreme Court of Wisconsin

 

 

 

 

 

 

 

Notice

This order is subject to further editing and modification.  The final version will appear in the bound volume of the official reports.

 

 

 

No. 10-07  

 

 

In the matter of the petition to amend Supreme Court Rules 12.02(6) and 12.03(7) concerning the Lawyers Assistance Corporation.

 

 

FILED

 

OCT 6, 2010

 

A. John Voelker

Acting Clerk of Supreme Court

Madison, WI

 

 

 

 

 

On June 29, 2010, the State Bar of Wisconsin, by its then-president, Douglas W. Kammer, filed a petition with the Wisconsin Supreme Court.  The petition requests the court amend Supreme Court Rules (SCRs) 12.02(6) and 12.03(7) concerning the Lawyers Assistance Corporation.  The petitioners propose that the Lawyers Assistance Corporation be removed from the Rules and that the State Bar of Wisconsin, the corporation's sole member, be authorized to dissolve the corporation.

The court held a public hearing and administrative conference on October 4, 2010, on the petition.  

IT IS ORDERED that, effective the date of this order, Supreme Court Rules 12.02(6) and 12.03(7) are amended as follows:

SECTION 1. SCR 12.02 (6) of the Supreme Court Rules is amended to read:

SCR 12.02 (6) The trustee attorney appointed under sub.(1)(a) shall be an employee of the Lawyers Assistance Corporation, a nonstock, nonprofit corporation created by the state bar of Wisconsin. That corporation shall procure and maintain professional liability insurance coverage through a Wisconsin-admitted legal malpractice insurance carrier, which coverage shall insure all trustee attorneys acting under this section. In addition, each trustee attorney shall have his or her own professional liability coverage with a carrier admitted to do insurance business in this state and whose coverage language clearly covers the work of the trustee attorney acting under this section, which individual coverage shall act as secondary coverage only.

SECTION 2. SCR 12.03 (7) of the Supreme Court Rules is amended to read:

SCR 12.03 (7) The trustee attorney appointed under sub. (1)(a) or (2)(a) shall be an employee of the Lawyers Assistance Corporation, a nonstock, nonprofit corporation created by the state bar of Wisconsin. That corporation shall procure and maintain professional liability insurance coverage through a Wisconsin-admitted legal malpractice insurance carrier, which coverage shall insure all trustee attorneys acting under this section. In addition, each trustee attorney shall have his or her own professional liability coverage with a carrier admitted to do insurance business in this state and whose coverage language clearly covers the work of the trustee attorney acting under this section, which individual coverage shall act as secondary coverage only.

IT IS FURTHER ORDERED that notice of this amendment of Supreme Court Rules 12.02(6) and 12.03(7) 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 6th day of October, 2010.

 

BY THE COURT:

 

 

 

A. John Voelker

Acting Clerk of Supreme Court