WisBar News: Board creates Ethics 2000 review committee, votes on multijurisdictional practice petition, among other actions:

State Bar of Wisconsin

Sign In

Top Link Bar

    WisBar.org may be unavailable July 23 from 5:30PM until 10:00PM for system maintenance.

News & Pubs Search

Advanced
  • WisBar News
    May
    16
    2006

    Board creates Ethics 2000 review committee, votes on multijurisdictional practice petition, among other actions

    Share This:
    At its final 2005 - 06 meeting in May, the Board of Governors created a committee that will provide feedback to the Wisconsin Supreme Court on the proposed changes to SCR Chapter 20, Rules of Professional Conduct for Attorneys, and failed to get the supermajority vote needed to support a multijurisdictional practice petition to revise the rules for out-of-state lawyers practicing pro hac vice in Wisconsin, among other actions.

    Board creates Ethics 2000 review committee, votes on multijurisdictional practice petition, among other actions

    At its final 2005 - 06 meeting in May, the Board of Governors created a committee that will provide feedback to the Wisconsin Supreme Court on the proposed changes to SCR Chapter 20, Rules of Professional Conduct for Attorneys, and failed to get the supermajority vote needed to support a multijurisdictional practice petition to revise the rules for out-of-state lawyers practicing pro hac vice in Wisconsin, among other actions.

    Rules of Professional Conduct for Attorneys. The board approved creating an Ethics 2000 Review Committee to respond to the Wisconsin Supreme Court's draft revisions to SCR Chapter 20. The court anticipates its revisions will be available by June 1, at which time interested parties will be invited to submit written comments by Aug. 1.

    President D. Michael Guerin appointed the review committee, which will solicit member feedback and make recommendations to the board at its July 21 meeting. The Bar will share that feedback with the court by the Aug. 1 deadline.

    The court will reconvene in September to consider final language changes, issue its final order, and determine whether the new rules will become effective on Jan. 1 or July 1 of 2007.

    Review committee members include Dean Dietrich, Wausau, chair; Joseph Cardamone III, Salem; Grant Langley, Milwaukee; Dan Shneidman, Milwaukee; Bob Swain, Appleton; and State Bar Ethics Counsel Tim Pierce, Madison.

    The Wisconsin Supreme Court created the Ethics 2000 Committee, in February 2003, to study the ABA's proposed changes to the model rules. The committee's report and petition, filed July 29, 2004, is the most comprehensive proposal for changes to SCR Chapter 20 since the mid-1980s. For more information, visit www.wisbar.org/ethics2000.

    Multijurisdictional practice. The board voted 24 - 18 but failed by one vote to get the supermajority vote necessary to pass the Multijurisdictional Practice Working Group's petition to revise SCR 20:5.5 and SCR 20:8.5 of the Rules of Professional Conduct for Attorneys.

    The proposed rules provide that when out-of-state lawyers practice permissibly in Wisconsin they are subject to the authority of the Wisconsin Supreme Court and the OLR and as such can be disciplined by Wisconsin. Some governors expressed concern that the proposed rules will make it too difficult for out-of-state lawyers to practice in Wisconsin.

    Keller dues reduction. The board set the fiscal year (FY) 07, July 1, 2006 - June 30, 2007, Keller dues at $5 per member, under the standard set in SCR 10.03(5). Under Keller, the State Bar cannot use compulsory dues of objecting members for political or ideological activities that are not reasonably related to regulating the legal profession or improving the quality of legal service.

    Other actions. The board approved the Nomination Committee's recommendation to appoint Margaret Wrenn Hickey, Milwaukee, to serve as FY 07 board chair. The chair, serves as an executive committee ex officio member, presides at board meetings, and is a board member-at-large. The chair's term begins July 1.

    Eleven board members submitted their names to serve on the FY 07 Executive Committee. Those elected by the board include: Grant Birtch, Neenah; Joe Cardamone III, Salem; Gwendolyn Connolly, Milwaukee; Bill Domina, Milwaukee; Ken Knudson, Superior; and Gretchen Viney, Baraboo. Other members serving on the committee will include: President Steve Levine, Madison, President-elect Thomas Basting, Madison, immediate Past President Guerin, Milwaukee, and one representative each from the Nonresident, Government, Young, and Senior lawyers divisions. Their terms begin July 1.

    The Executive Committee has all the powers and is authorized to perform all the Board of Governors' duties between board meetings, except the Executive Committee may not amend the bylaws, make rules or regulations governing nominations or elections, prescribe regulations for proceedings before grievance committees, or initiate the taking of any referendum or poll of association members.

    Robert Dean, Milwaukee, John P. Macy, Waukesha, and Michael Rosenberg, Milwaukee were elected to the ABA House of Delegates. Their terms begin at the close of the 2006 ABA Annual Meeting in August.

    The board discussed appointees to the Wisconsin Trust Account Foundation (WisTAF) board. The Wisconsin Supreme Court created WisTAF in 1986 to receive and make grants of IOLTA funds to provide legal aid to the poor. The board agreed that it would like to meet the candidates for appointment at its July 21 meeting, which will give the board the opportunity to talk with them about funding issues, and gain a better understanding of how and which organizations receive funding.

    In his final president's report Guerin told the board that in April he appointed a task force to study issues related to the Wisconsin Supreme Court's order, effective March 18, 2005, to collect $50 annually from all active-licensed attorneys to provide funding for civil legal services for people who cannot afford an attorney. The State Bar collects the $50-supreme court assessment on its dues statement and pays it to the Wisconsin Trust Account Foundation (WisTAF) via the Public Interest Legal Services Fund. Find out more about the task force.

    The board unanimously supported cosponsoring a resolution from the ABA Presidential Advisory Council on Diversity in the Profession. The resolution encourages the ABA to work with other legal groups to improve diversity in the legal profession through increased educational opportunities and awareness.

    The board unanimously approved the FY 07 annual State Bar budget.

    The minutes will be posted on WisBar after approval at the July 21 board meeting.