State Bar of Wisconsin

Meeting Minutes
November 19, 1997

The Paralegal Practice Task Force was called to order at approximately 12:15 by the Chair, Attorney Pamela Barker. Other members attending were Attorney Casey Andringa, Mary Celentani, Attorney John Decker, Attorney Mary Lynne Donohue, John Goudie, Rochelle Loewenhagen, Attorney William Mulligan, Shawn Olley, Christine Ouimet-Durow and Attorney Frank Remington. Guests present were Melody Rader-Johnson, Attorney Gene Rankin, Lynn Retzak, Attorney Gerald Sternberg and Nancy Warner. State Bar staff liaison Linda Barth was also present.

Introductions were made.

Chair Barker started the discussion and explained to the guests from BAPR and BBE that they were invited to this meeting in the hopes of getting their input on regulating paralegals in light of their expertise in legal licensing and professional regulation.

She said the issue of paralegal regulation is not new to the State Bar Board of Governors. They addressed the issues of legal assistants several years ago. (Background was provided in materials prior to the meeting.) She noted that the proposal before the Board several years ago placed the requirements on the attorney instead of on the paralegals.

The Chair continued to explain that the Board decided that rules for attorneys were already sufficient. However, she pointed out that this Task Force has a different twist and is holding paralegals accountable. The Chair then discussed the November 1997 Interim Report and traced the progress of the group. (The November 1997 Interim Report was distributed prior to the meeting.)

After describing the progress of the Task Force, Chair Barker noted the diversity of backgrounds in the group. She said that the Task Force is coming together and gaining momentum. She concluded that if the State Bar doesn't deal with the practice of paralegals through the Task Force, then there will be a fight in the Legislature and before the Supreme Court.

Attorney Sternberg, Director of BAPR, explained that he had the opportunity to meet with the Paralegal Association of Wisconsin and Ms. Barth before the meeting. Before proceeding, he qualified his comments, saying he was providing his own personal opinion and not representing his Board. He feels there are two critical issues:

1. The Court has a constitutional responsibility to regulate the legal profession and paralegals are a component of that service.
2. What mechanism should be used to regulate and certify?

Attorney Sternberg noted that it makes the most sense to start with the State Bar Board of Governors and then petition the Supreme Court. He said the petition should be specific with the best draft of rules possible. He also pointed out that s.757.30 may have to be changed to deal with the new rules.

Attorney Sternberg said that the Task Force's cooperative plan is a good one and that paralegals play an important part in society...let's elevate them to professional status.

Attorney Rankin, Director of BBE, also said the he was providing his own personal opinion and not representing his Board. He said that the Supreme Court is the best route to pursue.

Attorney Rankin explained that BBE provides the following services:

1. Examine the competence of character and fitness to practice law in Wisconsin.
2. Measure competence for non-Marquette Law School or non-University of Wisconsin Law School graduates.

He said that graduates from Marquette Law School and the University of Wisconsin Law School complete a 15-page application and pay a $150 fee. Non-Marquette or UW graduates in states with reciprocity undergo and extensive fitness search.

Other Non-Marquette or UW graduates take a two-part examination. One is multiple choice and the other is essay. Monitors and graders must be hired and the cost per applicant is $300.

BBE is entirely funded by program revenue Attorney Rankin explained.

He suggested that the Task Force should consider a joint petition between the State Bar Board of Governors, BBE and BAPR and said it would be productive if all the entities join hands on this project. He said he was willing to work with the Task Force in proceeding ahead on this project.

Chair Barker asked if Attorney Rankin felt that a paralegal would require an investigation for fitness. He replied that it all depends on how they are supervised by the attorney.

Attorney Remington threw out the scenario of a paralegal absconding with a trust fund account and that, currently, the attorney is responsible. He asked if using this situation, under the new rules, BAPR would not discipline the attorney. Attorney Rankin said that the fact that we are having this type of discussion shows the need to carefully review all aspects of the proposal.

Attorney Andringa explained that the Task Force is doing this work because working with a paralegal maximizes the attorney's time and reduces the client's costs. He said he feels the Task Force's work is necessary because

1. Paralegals exist
2. Paralegals fill a need and
3. Paralegals are part of the legal profession.

Attorney Andringa said that if the Task Force's work is not adopted, we will miss an opportunity-like the doctors saying there is no such thing as chiropractors. He stressed his concerns about whether the Board of Governors will support the Task Force's efforts.

Attorney Mulligan said he can't predict the Board's reaction. He has already asked State Bar President Sorenson to have Chair Barker address the Board at their next meeting to take the temperature of the group.

Chair Barker said that she was originally supposed to address the Board at their September meeting but their agenda was too extensive. Therefore, she decided to get input from BAPR and BBE before going to the Board-the reason for today's meeting.

Attorney Mulligan agreed that after this discussion with Attorney's Sternberg and Rankin, it is time to address the Board of Governors.

Chair Barker said that if the Board buries their heads in the sand on this issue, she is convinced it will be dealt with one way or other by the Legislature or the Supreme Court.

Mr. Goudie said that the Paralegal Association of Wisconsin has put aside their legislative effort and decided to work cooperatively with the Task Force. He said that in 1990, the concept of licensing was proposed by the group. It would have provided paralegals to practice independent of attorneys and it was shot down on all levels. He noted that today there is a different attitude and different environment. There are more paralegals, the ABA has addressed the issue, there has been a tremendous leap in paralegal services and that is why it is important to address now.

Chair Barker asked if a paralegal regulatory and certifying function could be done by BBE and BAPR. Attorney Rankin answered that it could be done. He said that if all is said and done and it is appropriate under our umbrella or as a separate office is an issue that must be addressed. Attorney Rankin said he was optimistic that it could be folded into existing procedures and his office could do it efficiently. He said it depends on the complexity and it will be better determined when responsibility issues are nailed down.

Mr. Goudie asked if paralegals would be on the regulatory bodies. He said that the Paralegal Association of Wisconsin and the national paralegal group would like self-regulation-it is important for paralegals to have an active voice in regulation.

Attorney Sternberg said that whether the Court should set up paralegal regulation in BAPR and BBE or as and adjunct of the agencies is a policy issue that should be addressed. He said that he didn't think it would be unduly burdensome. Currently, BAPR costs each attorney approximately $75 per year.

Attorney Sternberg noted that BAPR does get grievances on paralegal services from time to time. In support of the concept, he said that if it is a case where the paralegal has dropped the ball, that paralegal should be held accountable.

Attorney Remington said he doesn't see the Task Force's work as fixing a problem but as working proactively as more paralegals are providing more services.

Ms. Olley said currently there are no requirements regarding the paralegal services that a client is paying $75 per hour for. She said that recoupment for paralegal fees is another route for regulating paralegals.

Attorney Sternberg also suggested a joint petition between BAPR, BBE and the State Bar. He recommended getting an early read from the Board of Governors. When asked if perhaps BBE and BAPR should approve the concept first, Attorney Sternberg said it would be smarter to start with the Board of Governors.

Chair Barker said she would get a good sense from the Board of Governors and then the Task Force can start to fill in the details. She said the fundamental question is, will BBE and BAPR sign on?

Attorney Sternberg said that after reaction from the Board of Governors he would be happy to put the issue on the agenda for an early read from his Board.

Attorney Andringa summarized that Attorney Sternberg and Attorney Rankin have informally said that regulating paralegals is doable and that is what the group needed to hear today.

Attorney Remington brought up the topic of possibly offering an associate membership through the State Bar. Chair Barker said she saw the direction as that of a license not an associate membership. Mr. Goudie also supported a system that is mandatory in nature, not voluntary.

Attorney Mulligan asked Attorney Rankin if testing paralegals would be a problem. He responded by saying timing could be a problem. He wouldn't want testing for attorneys and paralegals running concurrently. Attorney Rankin said he would have to look at whether he would buy a test or create a test...or maybe tests might not be necessary if there is a diploma privilege. He said he was willing to look at the plan and provide input on what makes sense...these are all questions that are answerable.

Attorney Donohue said the fact that Attorney Rankin and Attorney Sternberg are here and have provided positive input and that everyone else is on the same page is a major victory.

The Paralegal Practice Task Force adjourned.

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