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 157 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. 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. ATTORNEY CONDUCT 158