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Wisconsin Supreme Court Rules

Rule: SCR 22.02

Jurisdiction: WI

Bluebook Citation: Wis. SCR SCR 22.02

(1) The staff of the office of lawyer regulation shall receive and evaluate all inquiries and grievances concerning attorney conduct. (2) The staff shall conduct a preliminary evaluation of the inquiry or grievance and may do any of the following: Forward the matter to another agency. (a) (b) Attempt to reconcile the matter between the grievant and the attorney if it is a minor dispute. (c) Close the matter if it does not present sufficient information of cause to proceed. (d) Refer the matter to the director with a recommendation that the matter be investigated by staff, diverted, or resolved by a consensual reprimand. (3) If staff forwards the matter to another agency, it shall provide the grievant the reasons for doing so. The decision of staff is final, and there shall be no review of the decision. (4) The staff shall notify the grievant in writing that the grievant may obtain review by the director of the staff's closure of a matter under sub. (2)(c) by submitting to the director a written request. The request for review must be received by the director within 30 days after the date of the letter notifying the grievant of the closure. The director may, upon a timely request by the grievant for additional time, extend the time for submission of additional information relating to the request for review. If the director affirms the closure, the director shall provide to the grievant a brief written statement of reasons for affirmation. The decision of the director affirming the closure or referring the matter to staff for further evaluation is final, and there shall be no review of the director's decision. 159 (5) In the performance of duties under this chapter, staff may not give legal advice. (6) The director shall review each matter referred by staff and do one or more of the following: (a) Close the matter for lack of an allegation of possible misconduct or medical incapacity or lack of sufficient information of cause to proceed. The director shall provide to the grievant written notice of the decision to close, accompanied by a brief written statement of reasons for the director's decision. The notice shall inform the grievant that the grievant may obtain review by a preliminary review panel of the director's closure by submitting a written request to the director. The request for review must be received by the director within 30 days after the date of the letter notifying the grievant of the closure. The director shall send the request for review to the chairperson of the preliminary review committee, who shall assign it to a preliminary review panel. Upon a timely request by the grievant for additional time, the director shall report the request to the chairperson of the preliminary review committee, who may extend the time for submission of additional information relating to the request for review. (b) Divert the matter to an alternatives to discipline program as provided in SCR 22.10. (c) Commence an investigation when there is sufficient information to support a possible finding of cause to proceed. (d) Obtain the respondent's consent to the imposition of a public or private reprimand and proceed under SCR 22.09.

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