State Bar of Wisconsin

President’s Column: Nonresidents enjoy comity and more board representation

By Steve Schuster, Washington, D.C.

On Wisconsin! By the time you read this, the United States will have a new President-elect after a long and seemingly endless political campaign. I want to take my first opportunity as president of the Nonresident Lawyers Division (NRLD) to report to you regarding recent changes affecting nonresident members of the State Bar of Wisconsin, which had been advocated for many years by the NRLD Board of Directors.

Due to the State Bar’s Strategic Planning requirements, the NRLD Board members have continued to devote much effort developing a strategic plan with specific goals and timetables for change. Developing the strategic plans for the NRLD takes much time, effort, and imagination, and I thank State Bar staff for their superior input in developing plans which will be of benefit to nonresidents today and in the future.

Comity. One portion of the NRLD’s strategic plan, which was actualized during the 2007 - 08 year was Continuing Legal Education (CLE) comity. On motion from the NRLD, the State Bar Board of Governors and the State Bar’s BBE Review Committee, the Wisconsin Supreme Court adopted a pure comity rule for CLE requirements for State Bar nonresident members. Pure comity respects the CLE requirements of other states without demanding that they be identical or nearly identical to Wisconsin’s. Nonresidents who do not have mandatory CLE requirements in their home state must meet Wisconsin CLE requirements.

The rationale for adoption of the CLE comity rule in Wisconsin was threefold:

Pure comity follows the lead of most other states;

CLE requirements of other states are similar enough to Wisconsin’s to adequately keep State Bar members who practice mainly in other states up-to-date on legal developments and protect the public; and

An unconditional comity rule will (hopefully) encourage neighboring states to adopt unconditional comity rules, which would be to the advantage of resident Wisconsin lawyers who are also licensed in those states.

Illinois comity is unavailable for Wisconsin-licensed lawyers who live in Illinois and whose principal offices are in Illinois but who get most of their credits from Wisconsin. For Wisconsin reporting purposes, they can just fill out the BBE form with their Wisconsin courses to fulfill the Wisconsin requirements. However, since their practices are in Illinois, they will have to apply to Illinois themselves for approval of their Wisconsin courses.

CLE comity was once thought to be unachievable in Wisconsin, but tenacity and hard work paid off on behalf of nonresidents. Many thanks go to NRLD past presidents Dan Rinzel and Donna Jones, and all NRLD board members for their tireless efforts in making CLE comity a reality in Wisconsin.

Read SCR Chapter 31 Continuing Legal Education.

State Bar Board of Governors Nonresident representation increased from five to three this fiscal year. (From left) Paul Conrad, Washington, D.C.; Ted Wehde, California; Donna Jones, Georgia; Wendy Calvert, Illinois; and Steve Schuster, Washington, D.C., attended the September board meeting in Elkhart Lake in September.

Nonresident State Bar leadership. Another strategic planning goal which was realized through the actions of the Board of Governors and the Wisconsin Supreme Court was an increase in the current nonresident representation on the State Bar Board of Governors. Although nonresidents constitute 23 percent of active members of

the State Bar of Wisconsin, we had only three representatives on the Board. While it would require eight nonresident board members to equal our active member percentage, the NRLD petitioned and was granted two additional members on the board, for a total of five nonresidents. NRLD Board members Paul Conrad of Virginia and Albert “Ted” Wehde of California were selected to be on the Board of Governors and were seated at the Board’s September meeting in Elkhart Lake, Wis.

Yet another strategic planning goal for several years has been to increase nonresident lawyer participation on State Bar of Wisconsin committees. Many decisions affecting the State Bar and the administration of justice in Wisconsin are made at the committee level, and it is only by participating in committee work that nonresident lawyer voices can be heard. Telephonic attendance is permitted at most committee meetings, so the time commitment is not overwhelming. I have served on the Lawyer Dispute Resolution Committee for several years and have found the experience to be rewarding. However, more nonresidents need to volunteer for committee assignments. If you are interested in getting involved, visit the State Bar’s easy-to-use leadership opportunities online directory for more information about each committee, including its focus, expectations of volunteers, time commitment, meeting frequency, or contact Beth Drake at (800) 444-9404, ext. 6171.

I look forward to the Executive Committee, Board of Governors, and NRLD meetings this year during my term as president. I will report on State Bar activities that affect nonresidents in the spring issue of Back Home. Any questions by nonresident lawyers can be directed to me at steven.schuster@eeoc.gov. Thank you, and On Wisconsin.

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Your division needs you – toss your hat in the ring today for division officers

Nonresident Lawyers Division members will choose a president-elect for a one-year term, and five directors to serve two-year terms. Please note that only active and emeritus status NRLD members can run for these positions.

Members interested in running are asked to send their resumes and letters of interest to the NRLD Nominating Committee Chair in care of the State Bar of Wisconsin, P.O. Box 7158, Madison, WI 53708-7158 by Jan. 15. Elections will take place by ballot in April. All terms will begin July 1, 2008.

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NRLD members serve on State Bar committees

This year 21 NRLD members are serving 27 posts on 13 of the State Bar’s 29 committees: Charles F. Berryman, Minnesota, Insurance for Members; Kathryn M. Bullon, Ontario, Canada, Continuing Legal Education; Albert E. Wehde, California, Board of Bar Examiners Review; John D. Kelly, Minnesota, Professionalism; Steven H. Schuster, Maryland, Executive Committee and Lawyer Dispute Resolution; Benton C. Strauss, Illinois, Finance; Paul E. Conrad, Virginia, Board of Bar Examiners Review and Leadership Development; Kira L. Zaporski, Washington D.C., Communications and Consumer Publications/Resources; Jennifer Lynne Nutt Carleton, Nevada, Diversity Outreach; Kimberly Ann Matthei-Briggs, California, Communications, Consumer Publications/Resources, Wisconsin Lawyer Planning; Leslie Parker Cohan, Minnesota, Board of Bar Examiners Review; Jane Ellen McBride, Illinois, Public Image; Wendy D. Calvert, Illinois, Diversity Outreach; Shirlene R. Perrin, Minnesota, Resolution of Fee Disputes; Todd M. Rowe, Illinois, Insurance for Members; Robert L. Richert, Minnesota, Solo and Small Firm Practice; David M. Werwie, Minnesota, Professionalism; Leticia V. Smith-Evans, New York, Diversity Outreach; Francine Bailey, Illinois, Diversity Outreach; Lisa Skrzeczkoski, Minnesota, Local Bar Grant Competition and Local Bar Relations; Sol T. Kim, Illinois, Board of Bar Examiners Review.

State Bar committee service gives nonresident lawyers a vehicle to remain connected with Wisconsin, meet Wisconsin colleagues, and work on issues of importance to the profession. Nonresident lawyers can easily participate since committee work is often conducted in phone meetings, by email and fax, as well as by in-person meetings.

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Board of Bar Examiners extends CLE reporting deadline to March 2

On Dec. 4, the Board of Bar Examiners (BBE) announced that State Bar of Wisconsin lawyers who must report their CLE credits this year have an additional month to do so. Lawyers admitted to practice in even-numbered years must file this reporting period.

While CLE credits still must be earned by Dec. 31, the BBE has extended the filing date to March 2 due to time considerations in the course approval process. BBE Chair Jim Morrison said that a hiring freeze has left his agency shorthanded in the wave of CLE reports arriving this time of year. The extended deadline will ease the crunch, he said.

Morrison encourages members to try the BBE’s new electronic filing system and give feedback to assist with development of a user-friendly system. Currently, the system is not 100 percent electronic as it requires lawyers to submit a paper copy to the BBE. Reporting can still be done by traditional paper forms available from the BBE website. Morrison said that any questions concerning CLE reporting can be directed to the BBE at (608) 266-9760.

In the upcoming year, Morrison said that the BBE “will do a top-down review of the CLE reporting and approval process.” Morrison said that improving the approval process of CLE courses will be among the issues for review. Currently, lawyers may take a course only to find out later that it has not been approved for all or part of the anticipated credits. “It’s frustrating for lawyers and we want to look at that problem,” he said.

Morrison said lawyers benefit from these reviews of CLE processes. For example, the supreme court approved CLE credit for online courses in 2007. Of course, Morrison said, the inclusion of ondemand courses has significantly increased the administrative burden on the BBE.

*Lawyers admitted in 2008 do not have to report until 2010.

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NRLD seeks nominations for 2008 Founders' Award

The NRLD seeks candidates for its third annual Founders’ Award. Originating in 2005 as the O’Melia Award, in memory of Richard O’Melia, one of its founders and most active members, the Founders’ Award will be awarded to a nonresident member who embodies the following characteristics:

• worked for many years of NRLD projects, the board of directors, committee work, chapter presidents, etc;

• has been active in the work of the State Bar of Wisconsin, including Bar committees, Board of Governors (before, during, or after activity in NRLD);

• blends consistent hard work with humor, talent, mentorship, camaraderie, and high ethical and personal behavior; and

• is viewed by his/her colleagues as one who brought leadership and positive changes to the division.

The award will be presented at the 2009 State Bar of Wisconsin Annual Convention in Milwaukee, May 6-8, 2009. Past award recipients include Richard O’Melia (posthumously), Jerris Leonard (posthumously), and Chip Retson. The deadline for nominations, along with explanation or support for them, is Jan. 15, 2009. Please send nominations to NRLD President Steve Schuster or Kris Wenzel, program assistant and NRLD liaison.

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Come home to Wisconsin for the 2009 Annual Convention

NRLD-sponsored Annual Convention programs are always well attended. The 2009 program is scheduled for Friday, May 8, from 10:25 a.m. to 12:05 p.m. The program is still in the planning stages.

Make plans now to attend the State Bar 2009 Annual Convention, May 6- 8, in Milwaukee at the Midwest Airlines Center. Earn a year's worth of CLE credits in a few days. Connect with old friends and discover the latest products and services at the Legal Expo.

The Thursday morning CLE spotlight program draws a national speaker on right-to-die issues. William H. Colby represented Nancy Cruzan's family in 1990 in the only case of this kind to go before the U.S. Supreme Court.

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It’s not just for residents: Wisconsin Lawyer magazine wants to hear from nonresidents

The Wisconsin Lawyer magazine introduced the “What Keeps You Awake at Night" column last year, which addresses common issues facing lawyers in their practices. Some of the issues addressed have included difficulty getting clients to pay on time, or at all, dealing with unreasonable client settlement positions, representing multiple family members in common transactions, handling underperforming staff, keeping your practice going if a disaster strikes and your files are destroyed, best ways to spend your marketing dollars, avoiding renegotiating client bills, and avoiding representing problem clients and avoiding them in the first place.

Nonresidents are invited to share their feedback (and questions) too. The next question, to be featured in the February 2009 issue, is: Due to downward changes in the economy of my community, business has slowed. How can I expand my income stream by getting new clients and retaining current clients? How can I attract new clients in these tough economic times?

Email your brief response (about 200 words) by Jan. 1 to wislawyer@wisbar.org, subject line: Tough Times. Include your name, affiliation, and city. The editors will select several responses for publication and will notify you in advance of publication if your response has been selected.

NRLD members interested in writing a different article, book review, or attorney profile for Wisconsin Lawyer or BackHome, should contact NRLD Communications Committee Chair Kimberly Matthei-Briggs, who also serves on the State Bar Communications Committee

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Free Fastcase online legal research available to all State Bar members

In November, the State Bar launched a new member benefit offering free, unlimited access to a comprehensive 50-state and federal caselaw database. State Bar members now have online access to free legal research powered by Fastcase.

Fastcase national case law coverage includes state, federal appellate, and bankruptcy courts as well as the U.S. Supreme Court. Members have free access to Wisconsin statutes, the Wisconsin Administrative Code, Wisconsin Supreme Court rules, the Wisconsin Constitution, Wisconsin attorney general opinions since 1982, and Wisconsin acts since 1989. Fastcase also provides all federal cases going back to 1 U.S. 1, 1 F.2d 1, 1 F.Supp. 1, and B.R. 1 and state and appellate cases going back to 1950.

“Fastcase will help Wisconsin lawyers be more efficient in their day-to-day practice by making research tools available that provide access to core legal research that can be used either alone or in conjunction with other premium legal research services,” says State Bar Practice Management Advisor Nerino Petro.

Former NRLD President Dan Rinzel says, “Fastcase is great research tool. It is extremely easy to use. It is particularly helpful for nonresident lawyers like me who require access to case law from jurisdictions outside of Wisconsin. I commend the State Bar for providing this service at no cost to members.”

Other features. Fastcase provides members the ability to print multiple cases at once in a dual column format directly from Fastcase, and print directly to PDF files and save them on their computer, and it includes official pagination. Members can search Fastcase using Boolean, natural language, and citation searching and can sort the results by relevance, date, and jurisdiction.

“An Interactive Timeline allows you to see and work with your research results from an entirely new visual perspective,” says Petro. “The Authority Check feature allows you to find other similar cases, and it includes details of how often the cases are cited within the existing search and within the entire database to help you find the most authoritative cases.”

While Authority Check does not include editorial information telling you whether or not your case is still good law, Fastcase does provide links to both LexisNexis^®, Shepard’s^®, and Westlaw^® KeyCite services, which can be purchased on a per transaction basis. Fastcase also provides links to other outside service providers, such as ChoicePoint for searching public records.

“For many users, Fastcase will be all the legal research tools you need,” says Petro. “If you rely on editorial content like headnotes or need access to secondary materials or specialized databases like treatise or corporate records, Fastcase may allow you to reduce the scope of your current premium legal research subscriptions from a nationwide plan to a Wisconsin-only plan and then use Fastcase for linking to cases outside of Wisconsin.”

Fastcase updates its databases daily, with new court opinions normally added within 24 to 48 hours of release.

Access is easy. Members can access Fastcase and additional search functions by logging into their “myStateBar” account on WisBar.org and selecting the myResearch tab or by clicking the myResearch button. Log in using the email address you have on file with the State Bar or your member number. If it is your first time logging in, select the “Forgot your password?” prompt for instructions.

More information. State Bar members are invited to attend a free webcast seminar provided by Fastcase on Jan. 15, explaining this new member benefit. Visit Fastcase for Frequently Asked Questions, or contact Petro at (608) 250-6012, (800) 444-9404, ext. 6012 for more information.

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Google technology now delivers more powerful search results to WisBar

The most trusted Web search tool – Google™ – now indexes WisBar content to deliver more relevant results. “The next time you conduct a WisBar search, you will notice a huge difference in the quality and quantity of search returns,” says State Bar Executive Director George Brown. “That’s because Google now powers WisBar’s search function. Google performs a comprehensive search throughout the site, delivering the most relevant results first.”

One of the exciting new features this brings is the capability to compare results from WisBar and Fastcase, the State Bar’s new free legal research database benefit, side-by-side. We understand the sometimes you are just not sure which site will produce the cases that are more on point, so we give you both sets of results.

There are two ways to access the new site search features. Use the search box in the upper right hand corner or select the Legal Research tab, which are both located on every WisBar page. You can select the “Search All” tab for the dual display, the “Fastcase” tab for Fastcase results, and the “Site Search” tab for WisBar.org results. Tabs for more specific areas include searches of Wisconsin Case Law, Wisconsin Lawyer™ magazine, and much more.

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Nonresidents enjoy unlimited access to State Bar CLE seminars for one low price for one year

In August, the State Bar launched the Ultimate Pass, a new CLE benefit offering unlimited access to live, video, webcast, telephone, and OnDemand^™ State Bar CLE Seminar-sponsored seminars. Passes are good for one year.

“As a nonresident Wisconsin attorney working four days a week as general counsel for a real estate development company, it is so difficult to get the necessary CLE credits without expending a great deal of money and even harder to dedicate an entire day to a seminar. With the Ultimate Pass, I can sit in on a portion of a web seminar without worrying about wasting money by not attending the entire seminar.” -- Molly M. Stolmeier Providence, RI

“Nonresident members represent slightly more than eight percent of Ultimate Pass purchasers in the first four months of offering this new State Bar benefit,” says State Bar Continuing Legal Education Director Bill Connors. “Without the Ultimate Pass, I suspect most of these nonresident members most likely would have attended few State Bar CLE Seminars. “Subscribers enjoy access to the most extensive library of Wisconsin-specific law available anywhere,” says Connors. “An Ultimate Pass owner has access 24/7 from home or office to the entire 90-plus seminars in the CLE OnDemand catalog. Ultimate Pass also opens the door for many more nonresidents to attend the Annual Convention.”

“Not only will the Ultimate Pass save you money, it also freezes your continuing legal education costs," says Connors. "It gives you tremendous flexibility to choose among great courses without worrying about running up expenses. If you do not need an entire course, you can watch a portion without committing to an entire day."

Ultimate Pass subscribers also have discounted access to the national listing of WebCredenza telephone seminars and can attend any titles in the WebCredenza seminar for 50 percent of the regular price.

The Ultimate Pass costs State Bar members $595 for 365 days – pay for the equivalent of just three seminars and you can attend additional programs free. If you renew for a second year, the price drops to $425, provided renewal occurs before the expiration date. In addition, subscribers can attend all CLE programs and events not separately ticketed at the State Bar Annual Convention for only $75.

To subscribe or for a list of Frequently Asked Questions, visit Ultimate Pass or contact the State Bar at (800) 728-7788 or (608) 257-3838.

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Serve on the Wisconsin Supreme Court Board of Bar Examiners

The NRLD board and officers strongly encourage NRLD members to apply for openings on the Wisconsin Supreme Court Board of Bar Examiners (BBE). As the BBE makes and enforces supreme court’s policy on approval of CLE for nonresidents, including any comity proposals, electronic CLE registration, and any other CLE policy issue that impacts nonresident lawyers, your service on this committee is strongly encouraged. The board also is deeply involved with issues regarding admission to the Wisconsin Bar by out-of-state counsel and new lawyers. Those nonresident members residing in Wisconsin border states Minnesota, Iowa, Michigan, and Illinois are especially encouraged to apply. Nonresident members who attend and travel more than 50 miles from the Wisconsin meeting site are entitled to reimbursement for travel expenses including overnight lodging. See below for the qualifications to serve – vacancies occur as members leave the board, and the decision to select an attorney is made by the BBE Executive Director and supreme court.

The BBE has 11 members. In accordance with Supreme Court Rule 30.01, there are five seats for lawyers, three for judges and law school faculty, and three for nonlawyer public members. The supreme court appoints members to an initial three-year term followed by one successive three-year term.

The board meets approximately six times per year. Five meetings are held in Madison and one (August) may be held in a board member’s hometown. All board members serve without compensation, but are reimbursed for necessary travel expenses, including overnight accommodations for those traveling more than 50 miles to attend the meetings. Twice a year – on the last Thursday of February and July – those board members who are lawyers grade the Wisconsin Bar exam. This is an all-day commitment.

Lawyers and nonlawyers interested in serving on BBE should send a letter and resume to: Clerk of the Supreme Court, P.O. Box 1688, Madison, WI 53701-1688, fax to (608) 267-0640, or email to chris.paulsen@wicourts.gov.

Positions are filled on a continual basis and resumes are kept on file for consideration for future opportunities.

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Chapter highlights

Northern Florida area needs chapter president If you are a Wisconsin-licensed lawyer in Northern Florida who finds value in networking with other Wisconsin-licensed lawyers through chapter events, please consider serving as your local chapter president.       We know your time is important and State Bar staff is always there to help you accomplish your goals without demanding too much of your time.       For more information, contact Dannise Bartlett at (800) 444-9404 ext. 6120.

Arizona Chapter. A Chapter reception was held on Oct.23 at the Hyatt Regency Phoenix in conjunction with the NRLD Board meeting, held in Phoenix, Oct. 23-24. This was a good opportunity for the Arizona Chapter members to meet and visit with the current NRLD officers and directors.

Northern California Chapter. The Northern California Chapter hosted another chapter meeting/baseball game on July 18. The meeting was held from 5 to 7p.m. at Amici’s East Coast Pizzeria, near the ball park, and then they headed over to watch the Milwaukee Brewers beat the San Francisco Giants by a score of 9-1.

Minnesota Chapter. On Dec. 15 the Minnesota Chapter host their every-other-year ethics seminar at Dorsey & Whitney law offices in Minneapolis with a complimentary reception to follow.

Missouri Chapter. In January or February the Missouri Chapter will offer a CLE program in Kansas City. Details are not firmed up yet, so watch your email for more information.

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