Preparing for the Future
Board News
he State Bar Board of Governors, with input
from individual members, committees, sections, and divisions, continued
to address various issues affecting the future of the practice of
law.
Opposition to mandatory court forms. The board
unanimously passed a resolution opposing a petition from the Wisconsin
Supreme Court's Records Management Committee requiring mandatory use of
standard court forms in civil and criminal actions in the circuit court,
or in any other court as directed by the Wisconsin Supreme Court or
Legislature.
The Board of Governors manages and directs the Bar's affairs
and activities. The board consists of the five officers and immediate
past-president, 34 members elected from the Bar districts, one member
each from the Young Lawyers and Government Lawyers divisions, three
Nonresident Lawyers Division members, and three nonlawyers.
Board member William Mulligan spoke on behalf of the State Bar at the
supreme court's public hearing on the matter: "The practice of law is
more than making check marks and filling blanks in forms. This proposed
rule would deprofessionalize the practice of law and encourage the
legally untrained to prepare and file documents with the courts without
an understanding of the legal consequences."
The court ultimately ordered the use of mandatory forms, beginning
Jan. 1, 2000 in criminal court and July 1, 2000 in civil court.
SCR amendment on lawyer advertising. The Board of
Attorneys Professional Responsibility (BAPR) proposed an amendment to
the Supreme Court Rules regarding targeted, direct mail advertising sent
from attorneys to prospective clients. The change would have required
direct mail to have the words "advertising material" stamped on the
envelope in red ink and that any recorded communication, such as video
or audio tape have those words at the beginning and end. The Board of
Governors voted to request that BAPR not file the petition with the
court until the board could solicit member input and discuss the issue
in greater detail.
Juror secrecy. The supreme court's Records
Management Committee brought a petition before the Wisconsin Supreme
Court recommending changes to the way jurors are identified in court. To
protect juror privacy, the committee recommended identifying jurors by
number. Jurors would not be asked for any personal information such as
name, address, and place of employment during voir dire or juror
questioning. The Board of Governors unanimously opposed the petition,
which the supreme court ultimately rejected, stating that the proposed
system would severely limit attorneys' ability to pick impartial
juries.
Approval of lobbying for legal services funding. The
board unanimously voted to support a legislative position endorsing
state general purpose revenue to provide civil legal assistance by
lawyers to low-income residents. This action allowed the State Bar
Government Relations Team to work with the Equal Justice Coalition to
lobby at the state Legislature for federal funds allocated at the state
level. The Wisconsin Trust Account Foundation and the State Bar's pro
bono program worked closely with the effort. The 1999-2001 Biennial
Budget Bill included $100,000 per year for civil legal services for
low-income residents.
Board of Attorneys Professional Responsibility. The
Board of Attorneys Professional Responsibility (BAPR) was a topic of
much discussion in FY 99. At the end of the fiscal year, the State Bar's
BAPR Study Committee made recommendations for improving the current
system. The recommendations were unanimously approved by the board and
sent to the Wisconsin Supreme Court for consideration. The supreme court
asked a team from the ABA to perform an outside evaluation of the
current disciplinary system. The Bar has the opportunity to work with
BAPR, the public, and the supreme court to improve the current system of
lawyer discipline in the coming year.
Long-range planning
The State Bar continues to take the pulse of its professional and
financial health with its strategic planning and long-range
financial planning efforts. What began in FY 98 as multi-year
budgeting evolved into a long-range financial planning process during FY
99. This process calls on staff and leadership to focus on a 36-month
calendar while considering the Bar's financial future. The goal of the
process is to identify a clear direction for the association over a
three-year period and to maintain greater consistency in an
ever-changing association environment.
After considerable debate, the Board of Governors approved a
long-range financial plan to take the Bar through the year 2002.
Included in the plan was a $35 dues increase, effective July 1, 1999. FY
00 has been identified as the target year for merging the long-range
financial plan with the State Bar's strategic planning activities, which
began under Project Vision in FY 98.
A Look Ahead
As one fiscal year ends and FY 00 begins, the State Bar is
faced with several new challenges. Following is a handful of issues that
the Bar will work on under the leadership of President Leonard Loeb and
President-elect Gary Bakke.
- The Board of Governors will be charged with hiring a new
executive director to oversee Bar staff and the affairs of the
association. A search committee will conduct a nationwide search, with
the goal of filling this position by January 2000.
- A new Multidisciplinary Practice Commission was
formed to study the issues surrounding partnerships of lawyers and
practitioners of other disciplines who work together to solve client
problems. Rules of professional conduct currently prohibit lawyers from
sharing fees with nonlawyers. The commission will study the issue and
develop a recommendation for the board by the end of FY 00.
- State Bar CLE is working to develop a plan for hands-on
computer training courses for members. This initiative grew
from the State Bar's 1998 Technology Survey in which 56 percent of the
respondents said that hands-on training in computer and software skills
would help them in their practice. The primary hands-on training need
identified by respondents was learning how to conduct legal research on
the Internet.
- A statewide public service campaign is underway to
educate people about the need for advanced medical directives. With the
help of the local and specialty bars and community agencies, a
Life Planning Initiative in May 2000 will promote the
idea of advanced care planning.
Wisconsin
Lawyer