March 18, 2015 – For many of us, the State Bar of Wisconsin is something we are required to belong to but about which we know little. It is located in Madison. Annually, it collects mandatory dues and Wisconsin Supreme Court fees. In return, it sends us a bar card and the Wisconsin Lawyer, offers publications and continuing legal education opportunities, and sponsors an annual conference that provides even more CLE opportunities.
Until I became a member of the Communications Committee – which functions principally as the editorial board of the Wisconsin Lawyer – that's about all I knew. But I’ve learned there’s more.
The State Bar is not a state agency. Rather, it was created by and is an agent of the Wisconsin Supreme Court. Its existence is mandated in Supreme Court Rule (SCR) 10.01. Its mission is to promote the public interest by maintaining high standards of conduct in the legal profession and by aiding in the efficient administration of law. These purposes are more fully set out in SCR 10.02(2).
Organized in 1878, the State Bar exists not as a corporation, but as a non-profit association. Its operational procedures and governance structure are described in the applicable Supreme Court rules and in the organization’s bylaws and regulations.
In 1956, the Wisconsin Supreme Court adopted a mandatory bar system. This decision occasioned legal challenges on constitutional grounds that continued, off and on, until 1992. Ultimately, the courts determined a mandatory professional bar association was permissible.
The State Bar is supervised by a 52-voting member board of governors consisting of the six officers of the organization, 35 members elected in district-wide races, eight division representatives, and three nonlawyer members appointed by the Supreme Court. In addition, the board has several “Building Bridges” delegates representing lawyers from designated minority communities. The board meets five times a year. It administers the finances, sets the budget, and determines strategic priorities and goals.
The State Bar sponsors 24 self-governing practice sections, four divisions (Government, Nonresident, Senior, and Young lawyers), and 23 committees (e.g., Communications, Executive, Bench and Bar, Continuing Legal Education, Professional Ethics, Legislative Oversight, Public Education, Fund for Client Protection.)
Membership current stands at about 25,000. Due to the diploma privilege, about 8,000 members practice out of state. Of the approximately 3,900 law firms in Wisconsin, the vast majority – 92 percent or about 3,600 – are small businesses consisting of five or fewer lawyers. Seventy percent or 2,748 of those firms are solo practices consisting of only one lawyer.
A professional staff manages the day-to-day work. This includes an executive director, and directors tasked with information services, member services, publications, administration and finance, marketing, PINNACLE (publications and CLE), and public affairs. The State Bar has 85 full-time equivalent (FTE) employees and an annual budget of $11.9 million.
The State Bar runs or assists with a variety of programs and services. These include:
The Wisconsin Lawyer, InsideTrack™ (bimonthly electronic publication), and the WisBar website.
Attorney education through its in-house arm PINNACLE®, including CLE seminars, institutes, books, and other resources.
Attorney education through its divisions, sections, and committees, including CLE seminars, workshops, programs, newsletters, journals, and e-lists.
Legislative activity and government relations. The organization lobbies on issues of concern to its members. Over the years, the State Bar has been a major force in shaping laws in marital property, family law, corporate law, trust law, product liability, and many other areas of public interest. Because not all members agree with the State Bar's lobbying efforts or positions, members are permitted to deduct the portion of their dues that pays for the Bar's legislative activity. Fourteen of the State Bar's practice sections independently engage in lobbying as permitted by SCR 10.05(4)(e).
Wisconsin Lawyers Mutual Insurance Company (WILMIC). To offer members affordable malpractice insurance through a carrier that would not leave the market during soft market cycles, the State Bar created WILMIC, its own insurance company. The organization now operates independently and is managed by insurance professionals.
Ethics Hotline. This service provides confidential, personal consultations on ethical issues that arise from the Wisconsin Rules of Professional Conduct. The two ethics counsel, Timothy Pierce and Aviva Meridian Kaiser, handle about 3,000 calls and make more than 60 presentations every year.
Law Office Management Assistance Program (Practice411TM). This program offers technological and business advice, phone consultations, and other practical assistance pertaining to law office management.
Wisconsin Lawyers Assistance Program (WisLAP). This program offers a 24-hour confidential helpline and other support for lawyers with alcohol, substance abuse, fatigue, or other issues that may affect their law practice.
Pro bono facilitation. This service makes pro bono grants, offers malpractice insurance and expense reimbursement for volunteers, and sponsors the Wisconsin Equal Justice Conference.
Lawyer Referral and Information Service (LRIS). One call puts Wisconsin residents in touch with three services: lawyer referral, community referrals, and the lawyer hotline. This service receives about 40,000 calls a year; interestingly, seventy-five percent of callers need a government agency and only twenty-five percent need a lawyer.
Understanding the Legal System. Public education programs include the high school mock trial tournament and Our Courts, adult education and presentations about the court system.
Wisconsin Fund for Client Protection. Members are charged $20 per year for this fund. It provides reimbursement to clients whose lawyers have taken their money. In fiscal year 2014, it approved 50 claims against 17 attorneys for a total of $628,190.93.
Wisconsin Law Foundation. This is the charitable arm of the State Bar. It funds the high school mock trial tournament, the Our Courts program, and makes various grants.
Fee Arbitration Program. Offers confidential, binding fee arbitration.
In a governance sense, the State Bar functions through its member volunteers. It works best if members from as wide a range as possible rotate on and off in various capacities. The State Bar is eager to get new people involved. The work is interesting and rewarding. The president is Robert Gagan. The president-elect is Ralph Cagle. The executive director is George Brown.
As is the case with our involvement with local bar organizations, volunteering in some capacity for State Bar work is a nice way to meet people, give back, and advance the profession. Give it a try.