For surveyors the following language is the most problematic including (a), (b) & (d).
  SCR 23.01 Definition of practice of law.
  (1) The practice of law in Wisconsin is the application of legal principles and judgment with regard to the circumstances or objectives of another entity or person(s) and which require the knowledge, judgment, and skill of a person trained as a lawyer. The practice of law includes but is not limited to:

(a) Giving advice or counsel to others as to their legal rights or the legal rights or responsibilities of others for fees or other consideration.
(b) Selection, drafting, or completion for another entity or person of legal documents or agreements which affect the legal rights of the other entity or person(s).
(c) Representation of another entity or person(s) in a court, or in a formal administrative adjudicative proceeding or other formal dispute resolution process or in an administrative adjudicative proceeding in which legal pleadings are filed or a record is established as the basis for judicial review.
(d) Negotiation of legal rights or responsibilities on behalf of another entity or person(s).

 
There where 4 groups that the S.C. felt need special consideration Accounting, Financial Institutions, Real Estate and Insurance.  Many individuals within these professions do quasi legal work.  So the issue of the rights to practice within professional employment is something that some felt was addressed fairly below. 
 
When I left they where going to go through this entire proposal line by line so it is fair to expect some changes.
 
SCR 23.02 License required to practice law; use of titles.
 (2) Exceptions and exclusions. A license to practice law and active membership in the State Bar of Wisconsin are not required for a person engaged in any of the following activities in Wisconsin:
 
(n) Governmental agencies and their employees carrying out responsibilities provided by law.
 
(o) Practicing within the scope of practice allowed by a current credential issued under Wis.
Stats. chs. 440 to 480 provided that the Supreme Court has not determined by rule or by published opinion that the activity constitutes the unlicensed or unauthorized practice of law.
 
(y) Teaching about the law or providing information about the law including the legal rights or responsibilities of persons under the law, in a manner that is not directed at providing specific legal advice to a specific individual in the context of a specific matter.
 
Since surveying is governed under s. 443 we do seem to have some protection.
 
S. 443.01 (4) “Land surveying” means any service comprising the determination of the location of land boundaries and land boundary corners; the preparation of maps showing the shape and area of tracts of land and their subdivisions into smaller tracts; the preparation of maps showing the layout of roads, streets and rights−of−way of same to give access to smaller tracts; and the preparation of official plats, or maps, of land in this state.

s.100.18 (1) No person, firm, corporation or association, or agent or employee thereof, with intent to sell, distribute, increase the consumption of or in any wise dispose of any real estate, merchandise, securities, employment, service, or anything offered by such person, firm, corporation or association, or agent or employee thereof, directly or indirectly, to the public for sale, hire, use or other distribution, or with intent to induce the public in any manner to enter into any contract or obligation relating to the purchase, sale, hire, use or lease of any real estate, merchandise, securities, employment or service, shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in this state, in a newspaper, magazine or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, letter, sign, placard, card, label, or over any radio or television station, or in any other way similar or dissimilar to the foregoing, an advertisement, announcement, statement or representation of any kind to the public relating to such purchase, sale, hire, use or lease of such real estate, merchandise, securities, service or employment or to the terms or conditions thereof, which advertisement, announcement, statement or representation contains any assertion, representation or statement of fact which is untrue, deceptive or misleading.
 
Additional legislation may be recommended to more specifically address the issues at hand.

They obviously did not want to create an unfunded or under funded mandate.
 
Wisconsin Bar seems to want the office of Lawyer Regulation involved. That office does not want to because the regulation may not apply to lawyers and they don’t have the staff or resources. 
 
There was a discussion of a Private Attorney General to bring lawsuits on behalf of the public but details would need to be worked out.
 
Another option would be for the Bar to enforce it. The Bar probably would not support this since it would seem to be a conflict of interest or monopolization.   Possibly DA’s and Corp Councils would be asked to act in the enforcement; financial interests may be a hurdle in this course as well.
 
Enforcement was deemed to be too difficult for this session. It was decided that it would be taken up at a later date, in as timely matter as possible with more research and input to be considered.

  Carol Godiksen

Francis R. Thousand
Executive Director
Wisconsin Society of Land Surveyors
5113 Spaanem Ave
Madison, WI  53716
fthousand@charter.net
Phone (608)770-9759
Phone (608) 222-6152

Fax (608)222-6152 Call First