Sole practitioners; death or disappearance

(1) Death. (a) Upon the death of an attorney who is a sole practitioner, any interested person or person licensed to practice law in this state may file a petition in the circuit court for the county in which the attorney resided or maintained his or her office alleging that the attorney is deceased and that no satisfactory arrangements have been made for the winding up of his or her practice. The petition and a notice of hearing shall be served upon the personal representative for the estate of the deceased attorney. If there is no personal representative appointed, 48 service shall be made upon an adult heir or such person as the court considers appropriate and the court may appoint a special administrator in those cases. Upon a showing at a hearing that no satisfactory arrangements have been made to wind up the practice of the deceased attorney, the court shall appoint a trustee attorney and notify the office of lawyer regulation of the appointment. (b) An attorney appointed under par. (a) shall enter the offices of the deceased attorney and do all the following: 1. Protect the clients' rights, files and property. 2. Notify all clients being represented in pending matters of the appointment of the attorney under par. (a) as promptly as possible, personally or by mail, and advise them to seek counsel of their choice. At the request of a client, an attorney appointed under par. (a) may act as interim counsel, subject to the par. (c) 4. 3. Deliver client files and property to the clients upon their request. 4. Collect outstanding attorney fees, costs and expenses and make arrangements for the prompt resolution of any disputes concerning outstanding attorney fees, costs and expenses. 5. Assist and cooperate with the deceased attorney's personal representative, special administrator or other representative of the deceased attorney's estate in the termination or sale of the law practice under SCR 20:1.17. (c) An attorney appointed under par. (a) and his or her law firm shall: 1. Not serve in any other capacity in the administration of the deceased attorney's estate. 2. Be compensated from the assets of the estate for his or her professional services and reasonable and necessary expenses. 3. Be eligible to be a purchaser of the law practice under SCR 20:1.17. 4. Not be permitted to act as successor attorney except and until the trustee attorney becomes a purchaser of the law practice under SCR 20:1.17. (d) The personal administrator and heirs of the deceased attorney may nominate a trustee attorney. (e) The estate of the deceased attorney shall be liable for the compensation and expenses of the trustee attorney ordered under sub. (3). (2) Disappearance. (a) Upon the abandonment or disappearance 49 of an attorney who is a sole practitioner that continues for not less than 21 days, any interested person or person licensed to practice law in this state may file a petition in the circuit court for the county in which the attorney resided or maintained his or her office alleging the abandonment or disappearance and that no satisfactory arrangements have been made to continue the practice. The petition and a notice of hearing shall be served personally upon the attorney. If personal service upon the attorney cannot be accomplished, notice by publication of a class 1 notice, as provided in ch. 985 of the statutes, and mailing shall be sufficient service, except that the court may determine that additional notice is required. Upon a finding that the attorney has disappeared or abandoned his or her practice, if no other satisfactory arrangements have been made to continue the practice, the court shall appoint a trustee attorney and notify the office of lawyer regulation of the appointment. (b) An attorney appointed under par. (a) shall enter the offices of the absent attorney and do all of the following: 1. Protect the clients' rights, files and property. 2. Notify all clients being represented in pending matters of the appointment of the attorney under par. (a) as promptly as possible, personally or by mail, and advise them to seek counsel of their choice. At the request of a client, an attorney appointed under par. (a) may act as interim counsel, subject to par. (c) 3. 3. Deliver client files and property to the clients upon their request. 4. Collect outstanding attorney fees, costs and expenses and make arrangements for the prompt resolution of any disputes concerning outstanding attorney fees, costs and expenses. 5. Collect any moneys and safeguard any assets in the office of the absent attorney and hold the moneys and assets in trust pending their disposition upon order of the court. (c) An attorney appointed under par.(a) and his or her law firm shall: 1. Not serve in any representative capacity for the absent attorney or his or her family. 2. Be compensated from the assets collected for his or her professional services and reasonable and necessary expenses. 3. Not be permitted to act as successor attorney. (d) The absent attorney shall be personally liable for the compensation and expenses of the trustee attorney ordered under sub. (3). 50 (e) The trustee attorney shall hold in trust any remaining assets of the attorney subject to order of the court. (3) The court shall review the amounts requested by the trustee attorney for compensation and reimbursement under subs. (1)(c)2. and (2)(c)2. and shall make a finding as to the reasonableness and necessity of the compensation and expenses before entering the order authorizing their payment. (4) Upon a showing that the trustee attorney has completed his or her responsibilities under sub. (1) or (2), the court may discharge the trustee attorney. (5) A trustee attorney appointed under sub. (1)(a) or (2)(a) shall be deemed to be a member of a committee described under SCR 20:8.3(c). (6) A trustee attorney is governed by the same rules of professional conduct applicable to the absent attorney with respect to client matters and files. (7) The trustee attorney appointed under sub. (1)(a) or (2)(a) 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. (8) In the event that more than one petition is filed under SCR 22.27(9)(a) or sub. (1) or (2) of this section, the proceedings shall be consolidated and only one trustee attorney shall be appointed. COMMENT 1. An agreed-to voluntary suspension is subject to the provisions of SCR 22.26 activities following suspension or revocation. 2. Source, s. 256.286, 1975 stats.