An Important Message To
Our Clients
And Prospective Clients
We are taking this opportunity
to tell you about a recent development that affects our law firm as well as all
of our clients and prospective clients.
You may have noticed the
"S.C." in our firm name. It means "Service Corporation," and it indicates that
we are a corporation organized under a special part of Wisconsin's corporation
laws for use only by professionals, such as doctors, dentists, accountants, lawyers,
and others who provide professional services. A service corporation, like most
other corporations, is a "limited liability" entity because its shareholders normally
are not personally responsible for the debts and obligations of the corporation.
The corporation is responsible for its debts and obligations, but the shareholders
are not--they have "limited liability." But there are two exceptions to this general
rule of limited liability that are unique to service corporations. A shareholder
in a service corporation may be held personally responsible for his or her own
errors in providing professional services and for the errors of other professionals
under his or her direct supervision.
Until recently, shareholders
in service corporations could be held personally responsible for all other shareholders,
even those who were not under their direct supervision. This was known as "vicarious
liability." A recent change in the law has eliminated vicarious liability for
shareholders of service corporations. A service corporation is still legally responsible
for the errors of its employees, as are shareholders who make errors or directly
supervise others who make errors. That part of the law has not changed. Only the
vicarious liability was eliminated.
The Supreme Court of Wisconsin,
which makes the rules that regulate all lawyers in this state, recently made a
rule requiring all law firms that are service corporations (and some other kinds
of law firms, too) to let you know about the change in the law we just described
to you. The new rule also requires law firms that are service corporations (and
some other kinds of law firms, too) to register annually with the State Bar of
Wisconsin (which we have done), to have certain minimum levels of insurance to
protect clients in case of errors in performing legal services, and to be sure
the firm name reflects that it is a "limited liability" entity. We are pleased
to let you know that we have long maintained much more than the minimum insurance
levels required by the new rule, so we have had to make no change to comply. And
because we already have "S.C." in our firm name, we won't have to change that,
either.
At Loeb & Herman, S.C.,
we are committed to providing you with high quality, professional service. The
recent change in the law, and the new Supreme Court Rule, will not change our
commitment to that goal or the way we serve your needs. For us, our high quality
service remains unchanged.
Please feel at liberty
to ask any of the lawyers in the firm you regularly
deal with if there is anything in this notice you do not understand.