LRB-5263/1
MLJ:cdc
2019 - 2020 LEGISLATURE
January 16, 2020 - Introduced by Senators Olsen and Wanggaard, cosponsored by
Representative Brooks. Referred to Committee on Insurance, Financial
Services, Government Oversight and Courts.
SB698,1,2
1An Act to amend 802.05 (2m) of the statutes;
relating to: attorney assistance
2in the preparation of certain court documents.
Analysis by the Legislative Reference Bureau
Under current law, an attorney who drafts or assists in drafting a pleading,
motion, or document for an otherwise self-represented person in a legal action is not
required to sign the pleading, motion, or document. However, the document must
contain a statement immediately adjacent to the self-represented person's signature
that “this document was prepared with the assistance of a lawyer,” followed by the
attorney's name and state bar number.
Under this bill, the attorney has to provide his or her name and state bar
number only if it is requested by an opposing party in a contested matter, and the
clerk of the court must then enter the name and state bar number on the document
and enter it in the clerk's minutes. The recording of the attorney's name and state
bar number does not make the attorney the attorney of record for the otherwise
self-represented person.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB698,1
3Section
1. 802.05 (2m) of the statutes is amended to read:
SB698,2,144
802.05
(2m) Additional representations to court as to preparation of
5pleadings or other documents. An attorney may draft or assist in drafting a
1pleading, motion, or document filed by an otherwise self-represented person. The
2attorney is not required to sign the pleading, motion, or document. Any such
3document must contain a statement immediately adjacent to the person's signature
4that “This document was prepared with the assistance of a
lawyer,” followed by
5lawyer.” If requested by an opposing party in a contested matter, the clerk of the
6court shall add the name of the attorney and the attorney's state bar number
to the
7pleading, motion, or document and enter the attorney's name and state bar number
8in the clerk's minutes. Such entry of an attorney's name on any document or in the
9court record does not make the attorney the attorney of record for the otherwise
10self-represented person. The attorney providing such drafting assistance may rely
11on the otherwise self-represented person's representation of facts, unless the
12attorney has reason to believe that such representations are false, or materially
13insufficient, in which instance the attorney shall make an independent reasonable
14inquiry into the facts.
