757.295 Barratry.
(1) Soliciting legal business. Except as provided under SCR 20:7.1 to 20:7.5, no person may solicit legal matters or a retainer, written or oral, or any agreement authorizing an attorney to perform or render legal services.
(2) Solicitation of a retainer for an attorney. Except as provided under SCR 20:7.1 to 20:7.5, no person may communicate directly or indirectly with any attorney or person acting in the attorney's behalf for the purpose of aiding, assisting or abetting the attorney in the solicitation of legal matters or the procurement through solicitation of a retainer, written or oral, or any agreement authorizing the attorney to perform or render legal services.
(3) Employment by attorney of person to solicit legal matters. Except as provided under SCR 20:7.1 to 20:7.5, no attorney may employ any person for the purpose of soliciting legal matters or the procurement through solicitation of a retainer, written or oral, or of any agreement authorizing the attorney to perform or render legal services.
(4) Penalty. Any person guilty of any violation of this section shall be imprisoned not more than 6 months or fined not exceeding $500.
History: 1977 c. 187 s. 96; 1977 c. 273, 357; 1977 c. 447 ss. 190, 210; Stats. 1977 s. 757.295; 1985 a. 135; 1997 a. 35.
An agreement that a non-attorney would solicit clients for an attorney, in violation of this section, in exchange for payment of 25 percent of the attorney's fee, in violation of s. 757.45, was unenforceable on the grounds of unjust enrichment or restitution. Abbott v. Marker, 2006 WI App 174, 295 Wis. 2d 636, 722 N.W.2d 162, 05-2853.
Solicitation may be barred even though “speech" is component of that activity. Ohralik v. Ohio State Bar Ass'n, 436 U.S. 447 (1978).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 757 - General provisions concerning courts of record, judges, attorneys and clerks.
757.025 - Judge to file affidavit as to work done to receive salary.
757.08 - Vacancy in judgeship not to affect suits.
757.12 - Adjournment to another location.
757.13 - Continuances; legislative privilege.
757.15 - Holding court, effect of holidays.
757.18 - Process, etc., to be in English.
757.19 - Disqualification of judge.
757.22 - Judge not to act as attorney, etc.; attorneys not to have office with judge.
757.23 - Court commissioner, when disqualified.
757.24 - Liability of judicial officers.
757.25 - Money in court, how deposited.
757.26 - Court officers, liability of to arrest.
757.293 - Trust accounts required.
757.30 - Penalty for practicing without license.
757.34 - Attorney not to be bail, etc.
757.35 - Blank process to attorneys.
757.36 - Lien on proceeds of action to enforce cause of action.
757.37 - When action settled by parties, what proof to enforce lien.
757.38 - Consent of attorney in settlement of actions for personal injuries.
757.39 - Judges may direct calendars to be printed.
757.41 - Law library; Milwaukee County.
757.45 - Sharing of compensation by attorneys prohibited.
757.46 - Court reporter not to take statements of injured persons.
757.47 - Taxes of this state enforced in other states.
757.48 - Guardian ad litem must be an attorney.
757.52 - Guardian ad litem for persons not in being or unascertainable.
757.54 - Retention and disposal of court records.
757.60 - Judicial administrative districts.
757.66 - Recovery of legal fees paid for indigent defendants.
757.67 - Testimony of judge of kin to attorney.
757.675 - Supplemental court commissioners.
757.68 - Circuit court commissioners.
757.69 - Powers and duties of circuit court commissioners.
757.70 - Hearings before court commissioners.
757.85 - Investigation; prosecution.
757.87 - Request for jury; panel.
757.91 - Supreme court; disposition.
757.93 - Confidentiality of proceedings.