February 2004
Board supports section request to file amicus supporting
attorney/client privilege, proposed medical records copy fee rule, among
other actions
At its Jan. 16 meeting, the Board of Governors supported a proposed
rule on medical records copy fees (see article on page 2), a section
request to file an amicus brief in a case currently before the supreme
court affecting attorney/client privilege, and approved a draft mission
statement to assist a proposed commission in developing a definition of
the practice of law, among other actions.
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Gov. Deborah M. Smith reviews materials at board
meeting.
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Attorney/client privilege amicus. The board approved the
Administrative and Local Government Law Section's request to file a
section amicus brief in GPS, Inc. v. Town of St. Germain,
currently before the supreme court.
At issue is whether proposed findings of fact and conclusions of law
regarding a zoning variance request drafted by a zoning appeals board's
attorney can be excluded from public access based upon attorney/client
privilege. The court of appeals upheld the application of
attorney/client privilege.
The Government Lawyers Division, the Professional Ethics Committee,
and the Consumer Protection and Information Committee supported the
section's request to file an amicus. The case is scheduled for oral
argument on Feb. 12.
Definition of practice of law. The board unanimously approved
a draft mission statement for a proposed commission that would define
the practice of law and create an administrative body to assist in the
administration of the rule.
In April 2003, the State Bar filed a petition, in response to the MDP
Commission, the Consumer Information and Protection Committee, and a
Board of Governors resolution, asking the supreme court to appoint a
commission to recommend rules defining the practice of law and
unauthorized practice of law. The petition also requested the
establishment of a comprehensive system to administer the regulation of
nonlawyers engaged in the limited practice of law.
In November, State Bar President George Burnett appointed a committee
at the supreme court's request, to develop a mission statement for the
proposed commission. Tom Zilavy chaired the committee whose members
included Past President Pat Ballman, President-elect Michelle Behnke,
and attorneys Tom Basting Sr., Don Heaney, Andrew Chevrez, and Helen
Marks Dicks.
The draft mission statement charges the commission to recognize that
there are nonlawyers who provide legal services and that those
individuals should be under the supervision of a lawyer, and that when
they are not under the supervision of a lawyer, rules need to be
established to ensure the competency of those providing the
services.
Other actions. The board agreed the Finance Committee should
consider the expansion of the Wisconsin Lawyer Assistance Program
(WisLAP) and two new programs - Legal Assistance Committee's Wisconsin
Pro Bono Initiative and the Law Office Management Assistance Program -
during the budget planning process. WisLAP provides confidential
assistance to lawyers, judges, law students, and their families in
coping with depression, alcoholism, and other chemical addictions, acute
and chronic anxiety, and problems related to the stress of practicing
law. The Pro Bono Initiative is a statewide coordinated program that
will reorganize, reinvigorate, and increase pro bono efforts in
Wisconsin. The Law Office Management Assistance Program will coordinate
and provide law practice management resources. For more information
about these programs read the November 2003 board minutes at
www.wisbar.org/bar/bog.html.
Andrew Chevrez, West Allis, will fill the board vacancy created by
Margaret Asterlin, Milwaukee, who recently resigned from the board due
to an illness.
The minutes will be posted on WisBar after they are approved at the
March 19 board meeting in Madison.
Inside the Bar
