State Bar of Wisconsin

DRAFT AGENDA
Board of Governors
March 3, 2006
State Bar Center
Madison, Wisconsin
8:00 AM

A. ORGANIZATIONAL

1. Roll Call
2. Approval of March 3, 2006 Agenda
3. Approval of December 9, 2005 Minutes (Attachment A)
4. Presidents' Reports (President Guerin, President-elect Levine, and Past President Behnke)
5. Strategic Planning Committee Report (Behnke)
6. Finance Committee Report (Domina) (Attachment B)
7. Executive Director Report (Brown)

B. CONSENT AGENDA

Article III, Section 9 – State Bar Bylaws – "At any regular or special meeting, any business placed on a consent agenda that is part of the notice or call will be acted upon without debate. Business listed on the consent agenda may be removed by any one governor within a 72-hour notice to the Secretary of the State Bar of Wisconsin." (Simple majority for approval)

1. General Practice Section Request to Approve Bylaw Revisions (Attachment C)
   The State Bar General Practice Section requests Board of Governors approval of proposed changes to its bylaws. A redlined copy of the proposed bylaws is attached.

C. ACTION ITEMS

1. WisTAF Assessment
   
   The Board will take up the Wisconsin Supreme Court's assessment of State Bar members to support civil legal services for the poor through the Wisconsin Trust Account Foundation. (Majority needed for approval will depend upon the motion before the Board.)
2. Trust Account Working Group (Attachment D)
   
   The Trust Account Working Group had completed its work and Chairperson Mike Olds presented a proposal for review and discussion at the December 2005 Board meeting. Since that meeting, there have been some slight language changes to address concerns expressed by the Wisconsin Bankers Association that their liability continue to be limited under the new language. The working group met recently to finalize its work product. (60% majority for approval)
3. Proposed Petition from the Wisconsin Lawyers' Fund For Client Protection Committee for Supreme Court Rule Changes (Attachment E)
   
   The Wisconsin Lawyers' Fund for Client Protection Committee requests that the Board of Governors approve the attached petition asking for amendments to various Supreme Court Rules relating to the Fund. Committee Chairperson David Reddy presented the committee's proposal at the December Board meeting for discussion. (60% majority for approval)
4. State Bar of Wisconsin Policy (Attachment F)
   
   State Bar Ethics Counsel Tim Pierce, on behalf of Atty. Dean Dietrich, chair of the State Bar's Professional Ethics Committee, presented a draft State Bar policy at the December Board meeting that would address the requirement under 20:8.3 that lawyers report significant misconduct of other lawyers, and the confidential nature of the Ethics hotline and the LOMAP hotline. (Simple majority for approval)
5. Approval of Appointments to Chairperson of the Board Nomination Committee
   
   President-elect Levine requests approval of his appointments to the Chairperson of the Board Nomination Committee. (Simple majority for approval)
6. Pro Bono Initiative Revisions (Attachment G)
   
   The Board of Governors approved a Pro Bono Initiative (PBI) as a major project during FY 04 with initial funding in FY 05. The Legal Assistance Committee wishes to change the focus of the PBI to a grants-based program. The attached materials provide an explanation of this request. Because the original project was approved by the Board as a major project, both the Executive and Finance committees believe the Board should approve this request for change in the original proposal. (Simple majority for approval)
7. Enforcement of SCR 11.06 – For-Profit Legal Service Plans (Attachment H)
   
   The Group & Prepaid Legal Services Committee received approval at the December Board meeting to begin enforcement of the provision in SCR 11.06 that restricts the type of group or prepaid legal services plan in which a Wisconsin attorney can participate. Attached for your information is a memo outlining the issue, a memo from Atty. Cheryl Daniels, chair of the State Bar's Group and Prepaid Legal Services Committee, to Chief Justice Abrahamson regarding the enforcement of SCR 11.06 and a summary of a meeting Atty. Daniels had with Chief Justice Abrahamson regarding this issue. The Board's discussion and decision is recorded in the minutes attached to this agenda. Based upon further consideration, the Committee is now asking the Board to hold its decision in abeyance. (Simple majority for approval)

D. REPORTS

1. Draft Annual Budget for FY 2007 (Attachment I)
   
   Finance Committee Chairperson Bill Domina will report on the draft annual budget for fiscal year 2007.
2. Bench and Bar Committee Petition to Wisconsin Supreme Court to Amend Section 804.01 and 804.12 of the Rules of Civil Procedure (Attachment J)
   
   The Bench and Bar Committee reports to the Board of Governors of its petition to harmonize certain state court discovery practices with Wisconsin's federal court, including implementation of initial disclosures, requiring certification of good faith efforts to resolve discovery disputes as a condition of filing motions to compel, and award of sanctions if a non-compliant party capitulates when faced with a motion to compel. The Committee will be requesting Board approval at the May Board meeting.
3. Legal Needs Study Report
   
   Judge Rick Sankovitz, chair of the Legal Needs Study Committee, will update the Board on the committee's progress.
4. Legislative Report (Attachment K)
   
   State Bar Public Affairs Director Lisa Roys will provide an update of the spring state legislative session. A written report will be distributed at the meeting.

E. DISCUSSION ITEMS

F. INFORMATIONAL REPORTS

1. Multijurisdictional Practice Recommendations (Attachment L)
   
   The MJP Working Group chair presented its proposed petition on multijurisdictional practice to the Board for discussion at the December 2005 meeting. The Board approved in concept the approach of the MJP Working Group at the May 2004 meeting. Attached is a copy of the petition and the minutes and attachment from that May 2004 Board meeting and updated materials distributed at the December Board meeting. The Executive Committee has scheduled this for action at the May 2006 meeting of the Board of Governors.
2. Supreme Court Order 05-06 Regarding Proposed Amendments to Wis. Stat. 887.26, Relating to Depositions Conducted Outside Wisconsin (Attachment M)
   
   This order, provided for your information, returns the petition to the Judicial Council for clarification. This order will not be published in the Wisconsin Lawyer.
3. Ethics 2000 Report - Actions Taken by the Wisconsin Supreme Court (Attachment N)
   
   Attached is a written report by Dean Dietrich, Chairperson of the State Bar Professional Ethics Committee, on recent actions taken by the Wisconsin Supreme Court on the Ethics 2000 petition.
4. Proposed Changes to SCR 20:4.2 by Judge Richard Sankovitz (Attachment O)
   
   For your information, attached is Judge Sankovitz's letter to the Supreme Court regarding communication with persons under limited representation by counsel.
5. Update from ADR Section on Amicus in Borst v. Allstate (Attachment P)
   
   At its July 2005 meeting, the Board of Governors approved the Alternative Dispute Resolution Section's request to join amicus in Borst v. Allstate Insurance Company. The ADR Section wishes to inform the Board that, on January 20, the Wisconsin Supreme Court accepted the case and the ADR Section will be filing an additional amicus with the Supreme Court.
6. State Bar of Wisconsin 2005 Pro Bono Survey (Attachment Q)
   
   For your information, attached is the report on Pro Bono Contributions of State Bar Members for 2005.
7. American Bar Association House of Delegates Report (Attachment R)
   
   Attached is the report of the State Bar Delegates to the ABA House of Delegates on actions taken at the February 2006 Midyear Meeting of the House.

Board of Governors