State Bar of Wisconsin

President’s column: Continued momentum for nonresident lawyers

By Steve Schuster

It has been an honor to serve as President of the Nonresident Lawyers Division (NRLD), especially given the significance of this year. The NRLD has continued the advocacy achievements on behalf of nonresidents which started last year. As nonresidents may remember, last year under the leadership of NRLD Past President Donna Jones, the State Bar successfully petitioned the Wisconsin Supreme Court to create continuing legal education (CLE) comity for nonresident lawyers who practice in jurisdictions with mandatory CLE requirements that are “substantially similar” to Wisconsin’s and who are current in meeting that jurisdiction’s requirements. The State Bar also successfully petitioned the supreme court to increase the number of NRLD representatives who serve on the Board of Governors from three to five. These measures were brought before the Board of Governors on motion from the NRLD Board.

This year, under my leadership, the NRLD has successfully continued the momentum achieved last year with the goal of successfully integrating nonresident members into the State Bar. At its meeting in May, the Board of Governors overwhelmingly passed a motion brought by the NRLD to amend SCR 10.04, such that nonresidents would be able to hold State Bar officer positions other than president and president-elect. Currently, nonresidents are unable to hold State Bar officer positions of president, president-elect, past president, chair of the Board of Governors, secretary, and treasurer. The NRLD reached a consensus that while the “almost” full-time position of State Bar president may be impractical for a nonresident to perform given travel requirements and onerous duties, there was no good reason for a nonresident to be prohibited from serving as chair of the Board of Governors, secretary, or treasurer. As such, the Board of Governors agreed to amend SCR 10.04, and hopefully the Wisconsin Supreme Court will approve the State Bar’s petition on this matter.

Active chapters. The NRLD made substantial achievements in other areas this year. Initially, a NRLD Chapter in Indiana was formed under the leadership of Sarah Troupis of Terre Haute. The Chapter had an introductory event for State Bar members in Indianapolis in March, and more events are planned for the future. There are over 100 State Bar members in Indiana, and given its geographical closeness to Wisconsin, I expect the Indiana Chapter to be successful and provide a connection to the State Bar for members in the Hoosier State.

The Nation’s Capital Chapter held a well-attended and successful CLE event in April, with State Bar Past President Tom Basting and Finance Committee Vice Chair Dean Dietrich presenting an interesting seminar on ethics. Other recent Chapter events were held in the Twin Cities, Chicago, and Dallas, and the NRLD Board looks forward to the NRLD Board’s Fall meeting to be held in San Francisco on Oct. 1-3. State Bar members in Northern California will be invited to attend a reception in San Francisco with the NRLD Board and State Bar leadership. You can read about more interesting chapter activities in the Chapter Highlights article in this newsletter.

NRLD Board actions. In addition, at the NRLD Board’s meeting in Milwaukee in May, the Board approved several measures aimed at giving the NRLD greater flexibility in approving finances for chapter events, while at the same time establishing criteria for approval of funds for events. The NRLD’s measures will be presented to the Finance Committee for review in June.

Honoring our own. At the State Bar convention in May, I was honored to present the NRLD Founders Award to NRLD Past President Benton Strauss of Illinois, who has a distinguished record of advocacy for nonresidents over the years and is a current member of the Finance Committee.

Board members and new NRLD officers. Finally, I want to thank departing NRLD Board members John Byrnes, Roanoke, Va., and Greg Weyandt, Minneapolis, for their commitment and dedicated service to the State Bar, and welcome new board members Glenn Salvo, Minneapolis, and Nicole Klassen, Washington, D.C. I would also like to congratulate Paul Conrad, Washington, D.C. and Albert “Ted” Wehde, Sunnyvale, Calif. who were re-elected to another term on the board.

I welcome Gordon G. Kirsten, Wichita, Kan., as our new president-elect and am delighted that we won’t lose Donna M. Jones, Atlanta, as she completes her stint as past president and has been elected to serve on the board. Finally, I welcome incoming secretary Jon E.Kingstad, Oakdale, Minn., and treasurer David E. Cohen, Washington, D.C.

Thank you for your continued State Bar of Wisconsin and NRLD membership.

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Division recognizes Strauss for commitment to State Bar

The division recognized NRLD Past President Benton C. Strauss of Northbrook, Ill., with the NRLD Founders Award, formerly the Dick O’Melia Award at the 2009 State Bar Annual Convention in May. The award recognizes a nonresident member who has brought positive change to the division and has actively participated in State Bar activities for many years.

“This award recognizes a nonresident member who has brought positive change to the division and has actively participated in State Bar activities for many years,” said Schuster. “Ben’s work over the past 14 years has enhanced the interest of several thousand nonresident State Bar members.

“Ben has been an active contributor and division leader who has consistently blended hard work with talent and mentorship advice wisdom camaraderie and the highest ethical and personal behavior,” said Schuster. “Ben’s reputation with the State Bar is exemplified by the fact that he has been appointed as the first nonresident lawyer to serve on the State Bar’s Finance Committee.”

It’s an honor and just plain fun to accept this award and that’s pretty much how I see my involvement with the Nonresident Lawyers Division,” said Strauss. “There are about 6,000 members of the bar who reside and work in other states, and that’s not just a testament to how good Wisconsin law schools are but also to the loyalty of the out-of-state lawyers who have kept up their bar membership.

“You were told that the Wisconsin Bar membership is a mandatory but that’s really only true for the people who practice here regularly,” said Strauss. “There are a few NRLD lawyers who need to be State Bar of Wisconsin members, but most of the rest of us could drop our Wisconsin Bar membership and still be members of another bar or two. We are Wisconsin Bar members and supporters because we believe that the State Bar of Wisconsin has something special to offer. It means many services, networking, access to information, CLE, camaraderie and so forth.”

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NRLD Annual Convention CLE program presents – technology and the law – issues and answers

The Friday morning NRLD CLE program reminded attendees just how different practicing law is in today’s world of Internet, email, and the list goes on. The program speakers included NRLD member Robb Arent, Frenchtown, NJ., and Joshua Poje from ABA Legal Technology Resource Center, Chicago.

This was Poje’s second time presenting at the NRLD convention program. His presentation focused on ethical questions and problems technology presents in the practice of law.

Arent, a Marquette Law School alumni who hails from a small town in New Jersey, is a State Bar of Wisconsin Nonresident member. Arent’s presentation focused on open source software or software as a service (SaaS). SaaS is generally associated with business software and is typically thought of as a low-cost way for businesses to obtain rights to use software as needed versus licensing all devices with all applications. The on demand licensing enables the benefits of commercially licensed use without the associated complexity and potential high initial cost of equipping every device with the applications that are only used when needed.

“A special thanks go to program chair Gordon Kirsten and moderator John Byrnes,” says NRLD President Steve Schuster. “Gordon and John worked on last year’s program as well, but in reversed roles – Gordon moderated and John chaired. On behalf of the division, I am grateful for their dedication to putting together top-flight programs.”

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Members enjoy visiting with each other at the annual convention

At the conclusion of the convention, the NRLD board of directors hosted a lunch for all nonresident lawyers who attended the convention. Following the luncheon the board held its May meeting. Read the December 2008 board minutes. The May board minutes will be posted after approval at the October meeting.

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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 questions will be featured in the October and December 2009 issues.

For October: How can I keep my practice going if I need to be away for an extended time? I have a solo practice and I’ve been able to manage a few short vacations. But what should I do to keep my practice going if I have to be away for an extended time, either for a personal illness or for some other reason? Are there different ways to cover a planned versus an unplanned absence? Email your response by Sept. 1; subject line: Absence.

For December: How can I say no to handling my family members’ legal matters, and still get invited to holiday gatherings? I don’t have a problem saying no when my brother-in-law asks me to represent him in an OWI case, because I don’t practice in that area. But how can I say no to my sister when she asks for help with a legal matter that is in my practice area? I’d still like to see my niece and nephews and be welcome at holiday gatherings. Email your response by Nov. 1; subject line: Just say no.

Email your brief response (about 200 words) by the due dates to wislawyer@wisbar.org, and include the appropriate subject line. 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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Safeguard and separate client funds into trust and operating accounts with credit card processing

The State Bar offers a credit card program, specifically designed for law firms and sole practitioners that can save up to 25 percent off credit card processing fees. The program offers payment flexibility for your clients, personalized customer service, and the ability to accept transactions in a professional manner. State Bar members receive reduced processing rates and multiple features built around the needs of their practice.

With a Law Firm Merchant Account, credit cards accepted for advanced fees are deposited into your trust account, while processing fees are paid from the operating account. This process keeps the trust balance intact and avoids any commingling of client funds – keeping your firm compliant with ethical accounting practices. You also can accept credit and debit cards in your office, over the phone, or as an added payment option for monthly invoices.

• Find out more

• Find out about other State Bar Member Benefits

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Fastcase offers free legal research webcast seminars -- the next date is July 14

State Bar members are invited to attend free one-hour webcast seminars from Fastcase. This free member benefit offers free, unlimited access to a comprehensive 50-state and federal case-law database including coverage of federal appellate and bankruptcy courts; the U.S. Supreme Court, and access to Wisconsin statutes, the Administrative Code, Supreme Court rules, the Constitution, attorney general opinions since 1982, and acts since 1989. The seminars are offered monthly, the next four seminars are scheduled for July 14, Aug. 19, Sept. 14, and Oct. 13. Find out more.

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Members can save up to 26 percent on UPS shipping

The State Bar offers a special savings program on United Parcel Service (UPS) shipping. Members can receive discounts on UPS air and international shipments, saving up to 26 percent off UPS air and international Express Shipping.

Three ways to send your packages. Package pick up and delivery can be processed from UPS web page, by calling (800) PICK-UPS, or by bringing packages to any UPS drop-off point. Arrangements for package pick up for future or same day service can be made via the phone or the web.

Tracking your package. Once a package is shipped, members can track its progress by using UPS Quantum View NotifySM. This service also can send notifications when packages are picked up, when they are delivered, and when there are exceptions. Exception notification lets users know when and why a package may not meet its original scheduled delivery date and provides the rescheduled date of delivery.

• To sign up, visit the UPS web page or call (800) 325-7000.

• Learn more about State Bar member benefits

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

The Ultimate Pass offers unlimited access to State Bar CLE live, video, webcast, telephone, and more than 130 OnDemand State Bar CLE Seminar-sponsored seminars. Passes are good for one year. 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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Chapter highlights

Northern Florida Chapter President Needs President. We are looking for a Wisconsin-licensed lawyer to serve as a local Chapter President for the Northern Florida Chapter. If you find value in networking with other Wisconsin-licensed lawyers through chapter events, please consider serving as a local chapter president. We know your time is important and the 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.

Southern Florida Chapter. The Southern Florida Chapter hosted a chapter tailgate party before the Marlins took on the Brewers on June 1. The members and their family and friends then watched the Marlins beat the Brewers 7-4. A great time was had by everyone who attended.

Indiana Chapter. The Indiana Chapter had their inaugural chapter event on March 19 at the Rathskeller Restaurant in Indianapolis. The attorneys that attended enjoyed the opportunity to meet new lawyers and relax. Watch your email for future events from this new chapter.

Dallas Chapter. The once quiet Dallas Chapter has a new President who hosted a meet and greet on February 25 at the Hackberry Creek Country Club and has plans to host another event later this summer. If you are in the Dallas area, watch your email for more information.

Northern California Chapter. The Chapter will co-host a reception with the NRLD Board on Oct. 1, at the Marines' Memorial Club and Hotel in San Francisco. Chapter members should check the chapter web page in July for additional details and keep an eye out for mailings.

Washington D.C. Chapter. The Washington D.C. Chapter hosted a CLE Ethics Seminar “Looking at Ethics in Wisconsin” and a reception on April 21, which was very well attended. They are also planning to co-host an event with the Wisconsin State Society later in the summer, watch your email for this event.

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Thank you, authors

The State Bar of Wisconsin CLE Books Division would like to thank the following members of the Nonresident Lawyers Division for their contributions of time and expertise over the last twelve months:

• James Schroeder, Chicago (Attorneys Guide to the Seventh Circuit Court of Appeals)
• Donald Wall, Chicago (Attorneys Guide to the Seventh Circuit Court of Appeals)

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WisBar offers lawyer resources for a down economy

June 22, 2009 – The State Bar announces a new resource to help members manage their practice in a down economy, handle career transitions when suddenly unemployed, and manage the stress that comes with these issues. There are many resources available to address these issues and they are now all conveniently located in one place – on WisBar.

“Practicing law is never easy, but managing a career, building a practice, and having a balanced life get even tougher in a down economy,” says State Bar Executive Director George Brown. “In response, we’ve put together a collection of resources to help you during this trying time.”

The three areas of focus include:

• Law Practice Management Resources, which offers a variety of advice and ideas for new marketing strategies, cost reductions, and ways to run your practice more efficiently. Whether it’s finding new clients or reducing costs, the Law Practice Management Resource page is a great place to start looking for ideas.

• Career Transitions puts important resources for the unemployed in one convenient location. Career transitions includes information about job opportunities and career sites, networking and volunteer opportunities to help make critical connections with potential employers, and resources for unemployed attorneys including guidance to help you explore more options.

• Managing your stress addresses the many negative effects on both physical and mental health, in a down economy. Personal tolls are often ignored or overlooked. This page offers resources and techniques to help cope with the uncertainty, stress, and emotional turmoil these times can bring.

Visit Lawyer Resources for a Changing Economy.  

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