Board supports petitions: earning on-demand CLE credits, multijurisdictional practice, and more
At its Sept. 29-30 meeting, the Board of Governors took positions on petitions regarding multijurisdictional practice (MJP), earning on-demand CLE credits, and tax delinquent attorneys, among other actions.
Gov. Kevin Palmersheim, Madison, addresses the board.
MJP. The board approved the MJP Working Group's petition to amend SCR 20 Rules of Professional Conduct for Attorneys regarding MJP, the unauthorized practice of law, disciplinary authority, and pro hac vice.
"The proposed rule changes provide the same flexibility for Wisconsin lawyers to serve their clients in other jurisdictions as lawyers in those jurisdictions are allowed to serve their clients with legal matters in Wisconsin," MJP Working Group Chair Dean Dietrich told the board.
"All neighboring states have adopted changes to their respective Rule 5.5 to allow other lawyers to engage in the temporary practice of law in their jurisdictions," said Dietrich. "With the rule changes, lawyers from other jurisdictions would be allowed to engage in the temporary practice of law in Wisconsin and would be subject to discipline from the Office of Lawyer Regulation."
CLE credits. The board unanimously supported a Board of Bar Examiners' (BBE) petition to expand the nature of continuing legal education to include the use of repeated "on-demand" CLE programs and to grant ethics and professional responsibility (EPR) credits for concentrated work on Office of Lawyer Regulation (OLR) district committees and as special investigators.
On-demand programs are repeats of live or real-time programs that can be reviewed by a lawyer at the time of his or her choosing. Under the current rules, CLE credit is allowed for a video replay of a program only if the replay is accompanied by a "live" question and answer session. Credits earned through on-demand programs, if approved by the supreme court, would be limited to one-third of a lawyer's CLE requirement, require additional documentation, would not be allowed for EPR credit, and would only be accepted for active status members.
The supreme court has scheduled a public hearing for Dec. 11 at 9:30 a.m.
Tax delinquent lawyers. The board opposed the Wisconsin Department of Revenue (DOR) Petition 06-05, as requested by the Professional Ethics, Professionalism, and Lawyer Regulation Study committees. The petition formalizes a process to suspend or deny the law license of a person certified as delinquent in payment of Wisconsin state taxes.
"Almost all licensed professionals in Wisconsin are subject to similar consequences if they do not pay their taxes," DOR General Counsel Dana Erlandsen said. "The DOR's goal is to provide consistent treatment for all licensed professions in Wisconsin."
Lawyer Regulation Study Committee member Gov. Daniel Shneidman, Milwaukee, pointed out that regulation and discipline of lawyers is within the specific jurisdiction of the supreme court, and the OLR does discipline lawyers who have significantly failed to pay taxes.
Erlandsen noted that the proposed rule would not give the DOR the right to take action against delinquent attorneys but would give the DOR the right to ask the supreme court to take action.
The supreme court scheduled a public hearing for Oct. 24 at 9:30 a.m.
Group and prepaid legal services. The board unanimously supported the Group and Prepaid Legal Services Committee's request to prepare a petition proposing changes to SCR 11.06 concerning attorney participation in group and prepaid legal services plans in Wisconsin. The petition also would request suspending the current registration and reporting provisions of SCR 11.06.
The committee has determined that registration creates a lot of paper but does not enhance consumer protection. Committee chair Cheryl Daniels said, "Real protection is already afforded to the consumers of legal services through the Rules of Professional Conduct and the OLR. The committee also has not uncovered any complaints by Wisconsin consumers against these plans.
"Legitimate concerns about misrepresentations in advertising, unfair sales practices, or inadequate disclosure can be dealt with by the Commissioner of Insurance, or through existing consumer protection laws enforced jointly by the Wisconsin Department of Agriculture, Trade and Consumer Protection and the Wisconsin Department of Justice," said Daniels. "Protecting consumers is important, but having the State Bar act as an additional document repository and quasi-enforcement agency does not seem warranted to achieve this goal."
Child custody and placement appeals. The board supported the Wisconsin Department of Workforce Development (DWD) Petition 06-02, as requested by the Government Lawyers Division and the Appellate Practice and Family Law sections, to amend Wis. Stat. 809.19(3). The petition proposes that a respondent who is not a party in interest to a child custody or placement appeal that does not raise issues of child support, specifically a DWD county office, may file a statement that no brief will be filed.
Other actions. The board supported the Executive Committee's recommendation to suspend sales of online fillable forms to nonmembers until the committee has completed its evaluation.
The State Bar Fillable Forms Bank, launched in December 2005, includes electronic forms, sample language documents, and checklists. The forms are available by annual subscription and single form purchase.
Marcia Lucas, Milwaukee, will fill the board vacancy created when Margaret Hickey was elected board chair.
The minutes will be posted after approval at the Dec. 8 meeting.
