Unauthorized Practice of Law in Wisconsin

Unauthorized Practice of Law in Wisconsin

The State Bar and other groups worked for a number of years to get a new Wisconsin Supreme Court rule in place regulating the unauthorized practice of law (UPL). In January 2011, the Court published SCR Chapter 23 Regulation of Unauthorized Practice of Law. Now there are rules in place in Wisconsin to protect the public from potential harm caused by the actions of nonlawyers engaging in the unauthorized practice of law.

This webcast program will explore the ethics, history, and current state of the unauthorized practice of law.

You’ll explore what remains to be done in the area of enforcement to shut down companies and individuals who provide a legal service but are unlicensed You’ll see how UPL activities touch on areas of law as diverse as child support, divorce and family law, employment litigation, real estate law, estate planning, immigrant rights, consumer debt, and even local government law. You’ll find out what you can do, using existing statutes, to enforce the rule against those practicing law without a license.

As the preamble to SCR 23 says, “Every jurisdiction in the United States recognizes the inherent right of individuals to represent themselves in legal matters. In contrast, the privilege of representing others in our system is regulated by law for the protection of the public … from potential harm caused by the actions of nonlawyers engaging in the unauthorized practice of law.”

Armed with what you take away from this webcast, you’ll be in a better position to help defend the public and your profession from UPL.

Who should attend:

Interested attorneys from any practice area

What you’ll learn:

Why the public is at risk under loose UPL rules Which areas of the law are under attack by UPL The ongoing struggle to enforce rules against UPL NOTICE TO ALL REGISTRANTS, INSTRUCTORS, EXHIBITORS, GUESTS: By attending this State Bar event, you understand and agree that you may be photographed and/or electronically recorded during the event and you hereby grant to the State Bar the right to use and distribute your name and likeness for promotional or educational purposes without monetary compensation. The State Bar assumes no liability for such use.

Wisconsin man charged with interfering with child custody ...

When a divorcing couple in Wisconsin has children, the divorce decree will typically include a child custody order. These child custody orders have the full effect and force of the law and parents who try to change the terms of child custody on their own can face serious legal consequences.

Like court orders for child support, child custody orders cannot be changed without involving the court system. A family law judge has the final say on any changes to child custody orders. Recently, a Wisconsin man landed in hot water when he did not strictly abide by the terms of a child custody order.

The man had been in a prolonged child custody dispute with his ex-wife, and the couple had a planned custody exchange scheduled at 5:00 in the evening on June 19. However, he did not show up for the exchange and his ex-wife called the police.

The police began a search for the man and the couple's two children and located them at around 1 a.m. on June 21. The children were returned to their mother and the man was arrested. He initially faced felony charges of interference with child custody.

A judge later reduced the charges against the man to disorderly conduct after hearing testimony from those involved and hearing from the man's attorney. According to the man's attorney, he withheld custody because he feared for the safety of his children and did not want to return them to his ex-wife until he could get an emergency placement hearing.

As this story demonstrates, courts are heavily involved in child custody matters and it can be easy for a parent to get into legal trouble if he or she acts rashly. When there is a dispute involving child custody, it is important for parents to work with an attorney and with the court system instead of taking matters into their own hands.

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