Sole practitioners; medical incapacity

(1)(a) In addition to any proceedings that are instituted by the office of lawyer regulation, in the case 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 resides or maintains his or her office alleging that the attorney has a medical incapacity. The petition and a notice of hearing shall be served personally upon the attorney alleged to have a medical incapacity. 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 showing by clear, satisfactory and convincing evidence at a hearing that the attorney has a medical incapacity, if no other satisfactory arrangements have been made to assist the 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 attorney and assist the attorney to do all of the following: 46 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. (f) 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 attorney in the suspension, termination or windup of his or her practice. (c) The court may order an examination of the attorney by qualified medical and psychological experts and order the examined attorney to pay the expense of the examination. (d) The court may make other orders pending a hearing regarding any of the following: 1. Restrictions on the disbursement of funds. 2. Restrictions on the transfer, removal or concealment of files. 3. Preparation of lists of all clients in pending matters. 4. Preparation of lists of all matters pending before any court or administrative agency. 5. Disclosure of what arrangements the attorney may have made or might suggest to protect the interest of his or her clients. (e) All papers, files, transcripts, communications and proceedings pertaining to any petition under this subsection shall be closed and remain confidential until the court has made a finding of medical incapacity. This paragraph does not prohibit any publication the court finds necessary and does not prohibit the court from notifying another court before which a similar petition may be filed. (f) An attorney appointed under par. (a) and his or her law firm shall: 1. Not serve in any other capacity as counsel for the assisted attorney or his or her family. 2. Be compensated from any assets generated in connection with his or her efforts for his or her professional services and reasonable and necessary expenses. 47 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. (g) The assisted attorney may nominate a trustee attorney and may consent to the appointment of a trustee attorney. (h) The court shall appoint a guardian ad litem pursuant to s. 803.01(3) of the statutes if the court has reason to believe that the attorney is mentally incompetent. (2) The court shall review the amounts requested by the trustee attorney for compensation and reimbursement under sub. (1)(f)2. and shall make a finding as to the reasonableness and necessity of the proposed compensation and expenses before entering the order authorizing their payment. The assisted attorney shall be personally liable for any compensation and expenses ordered by the court. (3) Upon a showing that the assisted attorney is no longer incapacitated, or upon a showing that the trustee attorney has completed his or her responsibilities, the court may terminate the proceeding and discharge the trustee attorney. (4) A trustee attorney appointed under sub. (1)(a) shall be deemed to be a member of a committee described under SCR 20:8.3(c). (5) A trustee attorney is governed by the same rules of professional conduct applicable to the assisted attorney with respect to client matters and files. (6) The trustee attorney appointed under sub.(1)(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.