Guideline for Filing a Complaint with the Wisconsin Bar for an Unwaived Conflict of Interest

 

1. Understand the Nature of the Alleged Misconduct

Wisconsin attorneys are bound by the Wisconsin Rules of Professional Conduct, which prohibit representation involving a conflict of interest unless specific conditions are met. In general terms, an attorney may not represent a party adverse to a former or current client in the same or a substantially related matter unless:

• The conflict is fully disclosed,
• The client is informed in writing, and
• The client gives knowing, written consent (waiver).

Proceeding to represent an adverse party in the same action—without waiver—is typically considered a serious ethical violation, not a mere misunderstanding or tactical dispute.

Your complaint should therefore focus on:

• The existence of the attorney-client relationship,
• The absence of informed written waiver, and
• The attorney’s subsequent adverse representation in the same matter.

2. Gather and Organize Supporting Documentation

Before filing, assemble copies (never originals) of all relevant materials, including:

• The retainer agreement or engagement letter
• Emails, letters, or texts establishing representation
• Court filings showing the attorney later appeared for the opposing party
• Any correspondence showing no conflict disclosure or waiver
• Docket sheets or case captions demonstrating it was the same action

Arrange these documents chronologically. Clear organization significantly strengthens credibility and efficiency in review.

3. Identify the Correct Disciplinary Authority

Attorney discipline in Wisconsin is administered through the Wisconsin Office of Lawyer Regulation, which operates under the authority of the State Bar of Wisconsin and the Wisconsin Supreme Court.

Complaints are not handled by the attorney’s law firm, nor by the court where the case is pending.

4. Prepare a Clear, Factual Written Complaint

Your complaint should be measured, factual, and precise. Avoid emotional language or speculation about motives. A helpful structure is:

1. Your identification
• Name, address, phone, email
2. Attorney identification
• Full name, firm, city, bar number (if known)
3. Statement of facts
• When the attorney was retained
• The matter for which he was retained
• Confirmation that no conflict waiver was sought or granted
• When and how the attorney later appeared against you in the same action
4. Nature of the violation
• Representation of an adverse party in the same matter
• Absence of informed written consent
• Resulting prejudice or risk of misuse of confidential information
5. Attachments
• List of documents included

Clarity and restraint carry far more weight than rhetoric.

5. File the Complaint

You may file the grievance by:

• Completing the official grievance form available from the Office of Lawyer Regulation, or
• Submitting a detailed letter containing the same information

Complaints may be filed by mail or electronically, following the OLR’s current submission instructions.

Be sure to:

• Sign the complaint
• Keep a complete copy for your records

6. Cooperate with the Investigation Process

After submission:

• The OLR may request additional information
• The attorney will typically be asked to respond
• You may be contacted for clarification or supplemental documentation

The process is investigative, not adversarial. The purpose is to determine whether professional discipline is warranted—not to award damages or reverse litigation outcomes.

7. Understand the Scope and Limits of the Process

An OLR grievance can result in:

• Dismissal,
• Private or public reprimand,
• Suspension or revocation of license.

It does not:

• Provide financial compensation,
• Replace a malpractice action,
• Automatically affect the outcome of your case.

If litigation consequences remain ongoing, you may wish to consult independent counsel regarding remedies separate from the disciplinary process.

Closing Perspective

A lawyer’s duty of loyalty is foundational—not merely procedural. When an attorney crosses the line into adverse representation in the same matter without informed consent, the disciplinary process exists precisely to safeguard trust in the profession.