Seitzinger v. Cmty. Health Network,
No. 02-2002 (Wis. Ct. App. Apr. 9, 2003)

A physician whose privileges were suspended was refused the right to have an attorney who was licensed out-of-state represent him at his peer review hearing. The hospital claimed that the bylaws required legal counsel to be licensed in Wisconsin. The physician brought suit against the hospital, seeking a declaratory judgment entitling him to utilize out-of-state counsel. The trial court denied the physician's motion, concluding that the out-of-state counsel would be engaging in the unauthorized practice of law by representing the physician at the hearing.

The physician appealed, arguing on appeal that the hearing did not require legal knowledge, but rather, medical knowledge and an ability to present scientific evidence. The physician further asserted that the hearing was an employment dispute before a panel and not a court of record. The hospital upheld its argument that the representation was purely legal. Finding no precedence to guide its decision, and noting that the scope of the practice of law is a matter to be decided by the Supreme Court, the Wisconsin Court of Appeal certified the appeal to the Wisconsin Supreme Court for its review and determination.