Newsletter Logo Fall, 2007
State Bar of Wisconsin -
Nonresident Lawyers Division

President's Column: The time has come

by Donna M. Jones, Atlanta

Donna 
Jones

It is an honor indeed to serve as your president, especially given the significance of this year. This fall, the Wisconsin Supreme Court will conduct not one, but two, hearings on matters that relate directly to the Nonresident Lawyers Division (NRLD). Both matters arise from the NRLD’s long-term advocacy efforts. It has been decades since the court has considered petitions directly related to the NRLD.

Increased board representation. At the Oct. 29 hearing, the court will consider a State Bar of Wisconsin petition to increase the number of NRLD representatives who serve on the Board of Governors from three to five. The State Bar has a total membership of 22,708 of which 6,504 are NRLD members. The NRLD represents 29 percent of the State Bar's total membership. Yet, only three of the 38 board lawyer members elected by district are NRLD members. Although the increase to five NRLD representatives will not achieve parity, it will increase the NRLD’s voting power on the Board of Governors and its voice throughout the Bar. NRLD board representation was last increased in 1985.

Members can listen to the Nov. 27 live hearing at the Supreme Court’s Web site at 9:30 a.m. (CST).

Comity. On Nov. 27, the court will conduct a hearing on a Board of Bar Examiners petition to create 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. This would create SCR 31.04 to exempt nonresident lawyers from the attendance requirement of SCR 31.02 and would allow them to comply with the reporting requirement of SCR 31.03.

The Board of Governors agrees with the NRLD that the exemption should apply to all nonresident lawyers who are admitted to practice in Wisconsin and who practice in another jurisdiction with “substantial similar” mandatory requirements. The BBE petition presents a narrower position, which would limit the exemption to lawyers who do not regularly practice in Wisconsin and who practice elsewhere. At the hearing, Bar leadership will presenttheBoard of Governors’ position. Three NRLD board members also will attend.

The lack of CLE comity has long frustrated NRLD members. In a 2002 study by the Bar’s BBE Review Committee, 65 percent of the then 5,000-plus NRLD respondents found complying with Wisconsin requirements to be somewhat or very “burdensome.” In all, the NRLD has been pursuing CLE comity for its members for 10 years. CLE exemption requirements were last amended in 1990.

Hopefully, I will be able to report positive results to you from both hearings. Thank you for your continued State Bar and NRLD membership.

Top

 

Big topics at Board of Directors fall meeting: Comity and increasing NRLD State Bar board representation

The NRLD Board of Directors covered a full agenda at its annual fall board meeting on Sept. 7 - 8, 2007 in Chicago. The NRLD Illinois Chapter is the second largest chapter with more than 1,400 members. On Sept. 6, the NRLD and the chapter hosted a well-attended reception for chapter members. Bar leadership and staff also attended the reception and the annual meeting.

Former NRLD President Dan Rinzel, Alexandria, Va., addresses State Bar Board of Governors on comity at Sept. 14 meeting.

NRLD increased board representation and comity. There was considerable discussion about two petitions before the Wisconsin Supreme Court A hearing is scheduled for Oct. 29 on the Bar’s petition to increase NRLD representation on the Board of Governors from three to fie. A hearing is scheduled for Nov. 27 on the Board of Bar Examiners’ petition to create CLE comity with jurisdictions whose mandatory CLE requirements are similar to Wisconsin’s. The NRLD board will send three members to the comity hearing. It was emphasized that although the proposal is not “true” comity, which would recognize CLE credits from any jurisdiction, the current petition does represent substantial progress on this matter. The Board of Governors recognizes the NRLD’s position on the petition in its response to the petition.

Strategic Planning. The NRLD board conducted a very productive strategic planning session to refine the action steps for achieving its four goals. In FY ‘07, NRLD: 1) exceeded its goal for increasing the number of the NRLD members voting in State Bar elections; 2) met the goal for increasing the number of NRLD chapter events held; and 3) made significant progress towards the goal of reducing the number of NRLD lawyers who drop State Bar membership or become inactive. The FY ’07 goal for increasing the number of NRLD members serving on State Bar committees has been met and the FY ’08 goal has already been surpassed. The strategic plan is critical because it is an integral part of the Bar’s budget process. Each Bar entity must prepare a strategic plan.

Bar leadership. President Tom Basting reported that he has met with media to better acquaint them with State Bar issues and that some editorials have resulted that are favorable to Bar positions on various matters. Past President Steve Levine stated that he is a strong supporter of NRLD and appreciated working with NRLD to accomplish certain goals, particularly CLE comity. President-elect Diane Diel looks forward to working with NRLD. Executive Director George Brown spoke about the ability to receive CLE credit through State Bar OnDemand programs.

In all, the NRLD board held an excellent annual fall meeting.  There was considerable discussion about two petitions before the Wisconsin Supreme Court A hearing is scheduled for Oct. 29 on the Bar’s petition to increase NRLD representation on the Board of Governors from three to fie. A hearing is scheduled for Nov. 27 on the Board of Bar Examiners’ petition to create CLE comity with jurisdictions whose mandatory CLE requirements are similar to Wisconsin’s. The NRLD board will send three members to the comity hearing. It was emphasized that although the proposal is not “true” comity, which would recognize CLE credits from any jurisdiction, the current petition does represent substantial progress on this matter. The Board of Governors recognizes the NRLD’s position on the petition in its response to the petition.


NRLD members serve on State Bar committees

This year, 21 NRLD members are serving 22 posts on 15 of the State Bar’s 29 committees: Francine Bailey,Illinois, Diversity Outreach; Charles Berryman, Minnesota, Insurance for Members; Kathryn Bullon,Ontario, Canada, Continuing Legal Education; Wendy Calvert, Illinois, Diversity Outreach; Leslie Parker Cohan,New York, BBE Review; Paul Conrad, Washington D.C., BBE Review; John Hanson, Washington D.C., BBE Review; Donna Jones, Georgia, Convention and Executive; Jon Kingstad, Minnesota, Continuing Legal Education; Kimberly Matthei-Briggs, California, Communications; Larraine McNamara McGraw, Illinois, Wisconsin Lawyers Assistance Program; Jennifer Nutt Carleton,Nevada, Diversity Outreach; Rhea Ramsey,Illinois, Professionalism; Daniel Rinzel,Virginia, Leadership Development; Steven Schuster, Washington D.C., Lawyer Dispute Resolution; Lisa Skrzeczkoski,Minnesota, Local Bar Relations; Leticia Smith-Evans, New York, Diversity Outreach; Benton Strauss, Illinois, Finance; Albert Wehde, California, BBE Review; David Werwie,Minnesota, Professionalism; David Zubke, Minnesota, Member Benefits Advisory.

New online directory connects members to leadership opportunities

A new Leadership Opportunities Directory takes the mystery out of becoming a State Bar volunteer. The electronic directory provides members with detailed information about the many committee, section, division, and governance volunteer opportunities available. The State Bar depends on the valued contributions of its volunteer leaders to advance the Bar and the legal profession.

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 at the Bar Center in Madison.

State Bar President Tom Basting will be making a special request that nonresident lawyers consider volunteering on State Bar committees in an upcoming president’s column in the Wisconsin Lawyer™ magazine. NRLD chapter members also will be hearing from their chapter presidents on this subject.


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

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.


Nonresidents must report CLE by Dec. 31

The Board of Bar Examiners (BBE) reminds attorneys admitted to practice in odd-numbered years they will receive the 2006 - 07 CLE Form 1 continuing legal education reporting form in mid-October. All active Wisconsin-licensed attorneys, including nonresidents, are required by SCR 31.03 to file a CLE Form 1 with the Board of Bar Examiners (BBE) biennially.

Nonresident attorneys who have not practiced law in Wisconsin during the reporting period are exempt from the attendance requirement but not the reporting requirement. Check the appropriate box on the form.

“This is the first reporting period that on-demand credits can be reported,” says BBE Director John Kosobucki. On-demand programs are CLE seminars that previously were presented live or in another format and have been reapproved allowing members to earn CLE credit for programs viewed over the Internet.

The deadline for completing all required coursework is Dec. 31, 2007. Attorneys who file CLE Form 1 after Feb. 1, 2008, are subject to late fees and possible suspension. Attorneys admitted to practice in 2007 do not need to report their credits until 2009.

  • Read Kosobucki’s tips to help attorneys avoid common reporting errors in the October issue of Wisconsin Lawyer™ magazine.

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, etc;
  • has been active in the work of the State Bar of Wisconsin (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 2008 State Bar of Wisconsin Annual Convention in Madison, May 7 - 9. Past award recipients include Richard O’Melia and Jerris Leonard. The deadline for nominations, along with explanation or support for them, is Dec. 20. Nominations can be sent to former NRLD President Ben Strauss or faxed to his attention at (847) 562-1422.


Come back home to Wisconsin in May for the 2008 Annual Convention

Make plans now to attend the State Bar 2008 Annual Convention, May 7- 9 in Madison at the Monona Terrace Convention 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 2006 and 2007 NRLD-sponsored Annual Convention programs were well attended. The 2008 program is scheduled for May 9 from 10:25 a.m. to 12:05 p.m. The program is still in the planning stages.


Wisconsin Lawyers Assistance Program: It’s for nonresidents too

By Cate Hayne, State Bar WisLAP Coordinator

The WisLAP helpline is available
24-hours a day, seven days per week
(800) 543-2625.

The Wisconsin Lawyers Assistance Program (WisLAP) is a member service that exists to help lawyers help lawyers. Its history is rooted in compassion for impaired law students, judges, lawyers, and their family members who seek professional and community help to restore them to a higher quality of life and professional competency. Put another way, WisLAP is a type of disciplinary diversion program for those lawyers who find themselves out of control and resources to resolve a myriad of personal and practice issues.

It is universally known that the practice of law can be stressful, especially for those who lack knowledge of time and stress management skills. Unresolved stress has cumulative effects that can manifest in alcohol and other drug abuse, clinical depression and anxiety, and psychosocial low-functioning, e.g., parental and marital distress, and law office management difficulties.

How WisLAP works. When attorneys seeking help call the WisLAP toll-free number they are asked if they would like to connect with another attorney who has experienced the same problem and resolved it. If the answer is “yes,” the callers are then matched with WisLAP volunteers. It’s that simple.

McGraw
WisLAP Committee member Larraine McNamara-McGraw, Chicago, presented a session on Mindfulness, Meditation, and the Lawyer at the WisLAP volunteer training event on Oct. 19 in Madison.

Sometimes a caller will request a referral to a treatment facility or community resource for help. Sometimes, a lawyer may have reached a point where hospital admission is the only option to sustain life. WisLAP can make recommendations and assist in the admissions process.

Committed volunteers. WisLAP volunteers serve on the WisLAP Committee and subcommittees and work toward promoting its mission to the greater legal community. WisLAP lends its program expertise and experience to other State Bar divisions needing programmatic guidance and operates in concert with other divisions that share its goal to help lawyers who may be struggling with difficult personal and professional issues. Program staff and volunteers also have regular contact with Marquette University and U.W. law schools to offer their expertise.

WisLAP maintains confidentiality of callers and is exempt from reporting professional misconduct to the Office of Lawyer Regulation under the provisions of Wisconsin Supreme Court Rule 20:8.3(c)(2). WisLAP does not have “Caller ID,” nor does it keep files of caller names – only of statistical demographics.

For more information contact WisLAP coordinator Cate Hayne at (608) 250-6172.


Chapter highlights

Illinois

The Illinois Chapter is planning to hold a three credit, half-day CLE ethics seminar in late November or early December. Chapter members should watch their mail and email for details on the ethics seminar coming soon. The Illinois Chapter co-presidents, Kevin McQuillan at (630) 960-1242, and Ilan Chorowsky at (312) 643-5893, may be contacted with questions.

A chapter reception was held on Sept. 6 at the Hilton Suites Chicago/Magnificent Mile in conjunction with the NRLD Board meeting, held in Chicago, Sept. 6 - 8. More than 50 members attended, and it was a good opportunity for the Illinois Chapter members to meet and visit with the current NRLD officers and directors.

Dallas

Chapter president needed. If you are a Wisconsin-licensed lawyer in the Dallas area 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 Sue Seibold at (800)-444-9404, ext. 6120.

Minnesota

A football game event will be held on Nov. 17 at the HHH Metrodome in Minneapolis between the Badgers and the Gophers. A chapter meeting and breakfast reception will be held at the Dorsey & Whitney law office before the football game. Tickets for this event have already been sold, and tickets will be distributed at the breakfast reception.


 

Highlights

  • Meet and network with lawyers who share your professional background - State Bar sections. More
  • Get confidential support for coping with the stress of practicing law. More
  • Fee Arbitration program  - helping lawyers and clients resolve fee disputes. More

Volunteer Opportunities