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    Wisconsin Lawyer
    November 01, 1999

    Wisconsin Lawyer November 1999: 1999 Annual Report - Improving the Present

    Improving the Present

    The State Bar offers a variety of services to enhance the practice of law in Wisconsin. Just as these services help members in their daily practices, member involvement in governance and other Bar activities is rewarding and valuable. Several opportunities for involvement exist, including participation in local and specialty bar associations supported by the State Bar. Members also can participate in statewide governance by serving on a committee, becoming active in a section or division, or by running for the Board of Governors. All of these entities influence State Bar policy and programs and the future of the profession. Many publish newsletters, sponsor CLE programs, and organize other projects of value to members and the public. The following highlights of the past year include new initiatives and a selection of continually strong programs.

    Constructing the New State Bar Center

    BuildingAfter a decade of discussion and debate, the State Bar Board of Governors passed a motion in FY 98 to move ahead with construction of a new Bar Center. A groundbreaking celebration kicked off FY 99 on July 2, 1998, at the site of the Bar's new home on Madison's northeast side. Building completion came a little more than a year later, under the direction of the Facilities Committee, chaired by Gerald O'Brien from Stevens Point.

    The decision to move the headquarters for the first time in 40 years was influenced by many factors, including lack of meeting, parking, and staff work space at the Bar's W. Wilson Street building, and inefficiencies caused by rented off-site storage and printing/mailing operations.

    The funding for the $4.65 million facility came from loans, cash from investments, sale of the old building, and the fund-raising campaign. The "Building the Future" campaign finished strong with more than $1.2 million in contributions from nearly 8,000 members in all types of practice around the state and nation. The 100 Percent Club, the backbone of the campaign, offered equal recognition to all 225 firms and legal entities who contributed $300 per attorney. All donors are recognized in the new facility. The general chair of the campaign, Nathan Fishbach from Milwaukee, led the fund-raising effort with the help of the 33 members on the campaign cabinet and hundreds of volunteers.

    Member Services

    The State Bar's ethics consultant offers members informal guidance and help in resolving questions regarding Wisconsin's Rules of Professional Conduct for Attorneys. In the past year, the ethics attorney provided more than 2,000 informal consultations. In addition, committee members provided informal guidance to approximately 500 members. The Bar's Professional Ethics Committee also released an advisory opinion on disposing of closed client files. Opinions are printed in the Wisconsin Lawyer and are available on WisBar.

    Discussion

    Continuing its tradition of service to the public and profession, the State Bar's dispute resolution programs help adversaries avoid unnecessary litigation by resolving conflicts through mediation and/or arbitration. A Y2K dispute resolution program joins the Lawyer Dispute Resolution program and the Resolution of Fee Disputes service.

    The State Bar's two dispute resolution programs serve the interests of the public, the profession, and the judicial system by avoiding unnecessary litigation. The Professionalism Committee's Lawyer Dispute Resolution program arbitrated two disputes during FY 99. The year-old program is an effective mechanism for resolving professional and economic disputes between lawyers arising from law firm breakups by offering mediation and/or arbitration. The Resolution of Fee Disputes service received 328 inquiries during FY 99 and accepted 73 applications for arbitration hearings. This program provides a fast, inexpensive, and confidential method to settle fee disputes between lawyers and clients.

    President Susan Steingass emphasized local bar outreach by visiting, with staff, more than 20 bar associations throughout the year. The Local Bar Relations Committee developed a local bar liaison program to increase communication between local and specialty bar associations and the State Bar. Liaisons are kept informed through a new bimonthly newsletter, Liaison Link. The State Bar continued to provide local bar leaders the Directline newsletter, published three times annually, containing tips to help guide and increase involvement in their organizations.

    The State Bar supports long-range financial planning sessions for local and specialty bar associations. The Marathon and Waukesha county bar associations completed sessions in FY 99 during which the Bar helped them develop goals and strategies to increase participation and expand public service programs. The State Bar arranged the meeting sites and provided a facilitator to lead the sessions and a reporter to take notes.

    The Wisconsin Lawyers Assistance Program (WisLAP) continued to help attorneys, judges, law students, and their families cope with alcoholism and other chemical addictions, depression, acute and chronic anxiety, and problems related to the stress of practicing law. In FY 99, a successful training program was implemented for WisLAP volunteers. The trained volunteers provide information and confidential, meaningful assistance 24 hours a day, seven days a week.

    To provide Bar members with a means of communicating with other lawyers about career issues, WisLAP joined forces with the Young Lawyers Division (YLD) in spring 1999 to offer career assistance. The program, "Been There, Done That," brings volunteer lawyers and young lawyers together to talk about career issues, such as transitioning from law school to practice, switching firms, and moving on to other careers.

    The "Personalities, Policy and the Polka ... The Legislative Process" program made a successful debut in FY 99. The one-hour presentation, created by the State Bar's Public Affairs Committee and government relations staff, focuses on what lawyers should know about the legislative process from a behind-the-scenes perspective. The presentation includes practical ways of using information in daily practice and providing input into the legislative process. Hundreds of judges and attorneys, including the attorney general, attended the 20-plus presentations at local and specialty bar association meetings and law firms statewide. The program received the "Award of Excellence in Government Relations" from the American Society of Association Executives (ASAE) at a ceremony in Washington, D.C.

    Diversity Outreach Efforts

    Discussion

    Organizations within the Bar are working to address issues and concerns of minority and other Bar members so that all lawyers may participate fully in the organization and the legal profession.

    As the nation evolves into an increasingly diverse populace, organizations of every size and nature are challenged to change practices and perceptions in order to achieve organizational missions. The State Bar of Wisconsin is working to embrace the positive opportunities that diversity offers the legal profession.

    The State Bar sponsors a summer clerkship program to promote minority placements in settings where minorities traditionally have been underrepresented. Students are matched with private law firms, corporate legal departments, and governmental agencies. Participating employers reap the benefits of a diverse workforce and promote diversity in the profession. In the past year, 16 employers hosted 17 law students who were enthusiastic about their experience.

    The Diversity Counsel Demonstration Program, modeled after that of the American Bar Association, provides opportunities for minority and women lawyers to develop relationships with majority-owned law firms. The 1999 networking event was held in Milwaukee. Federal Judge Charles Clevert delivered the keynote address.

    The Diversity Outreach Committee works to promote the increased participation of minority lawyers in the State Bar of Wisconsin. Planning began in FY 99 for a special event at Midwinter Convention 2000, "Leadership in the Face of Change: Investing in the Future of the Legal Profession."

    The Participation of Women in the Bar Committee works to assist women in achieving full integration and participation in the legal profession. The committee sponsored special networking dinners in spring 1999 for female students from Marquette and U.W. Law School.

    Information Central for Members

    Information is a valuable commodity for attorneys, and the State Bar has developed a wealth of resources to help members meet their professional needs. These resources include books, seminars, publications, computerized research services, and an interactive Web site.

    WisBar, the State Bar's Internet site, continued to provide members access to legal resources and information. In FY 99 WisBar expanded its offerings to include Wisconsin employment law decisions and grievance awards. The searchable database, presented in partnership with the Wisconsin Employment Relations Commission (WERC), dates back to 1989. The site also added State Bar Professional Ethics Committee opinions. The Capitol Update page is kept current to inform users of legislative activities, and offers links to position papers, proposed legislation, and related articles.

    Discussion groups were enhanced with more features and easier access. Attorneys can post - and respond to - questions and comments on legal topics in a secure, collegial atmosphere. A new interactive CLE calendar offers members an easy-to-view format of monthly CLE events and allows users to click on program titles for more information. The News Connection debuted on WisBar to provide users with round-the-clock news, sports, and business coverage from the Reuters news service.

    Grassroots Program at Work
    for You, With You

    The Government Relations Team advocates on several legislative initiatives at the direction of State Bar Board of Governors and sections, with the help of nearly 800 volunteer attorneys statewide who are involved in the grassroots program. The program is free to members who want to be informed and active in the legislative process. Grassroots members receive Capitol Update, legislative alerts, and are called upon when quick action on legislation is needed.

    The Bar successfully worked on a variety of legislation in the state's biennial budget bill, including the Business Law Section's support of electronic appointment of proxies `and the Family Law Section's support of comprehensive family law changes. The State Bar Board of Governors opposed a professional tax on attorneys, which was removed from the budget bill.

    WisBar continues to reap national recognition as one of the best bar association Web sites. The site received awards from the National Association of Bar Executives Communications Section, the National Conference of Bar Presidents Outstanding Bar Association site, and the Key Resource award from Links2Go. WisBar ended FY 99 by being named top State-local Bar Association Site in the legal.online "Best of Web" competition for the third straight year.

    The State Bar produces a variety of publications to share information with members. The monthly Wisconsin Lawyer magazine, the Bar's flagship publication, is consistently rated in membership surveys as one of the top three resources that the Bar offers, with 70 percent of the Bar's members reading one-half or more of a typical issue. The Communications Committee, which serves as the publication's editorial board, and staff redesigned the Wisconsin Lawyer, incorporating feedback from a readership survey conducted the prior year. The new look includes an expanded "Personal Mentions" column, now called "In the News," more frequent coverage of ethics and small-firm practice issues, and a greater commitment to involving readers in the publication.

    The monthly State Bar Newsletter, received between issues of the Wisconsin Lawyer magazine, updates members on association activities, including the Board of Governors, new programs, products, services, and current legislative news.

    Capitol Update, a timely bulletin on the week's legislative activities in the State Capitol, is an important component of the State Bar's legislative grass-roots program. The Government Relations Team produces Capitol Update weekly, including insight on budget negotiations, legislative hearings, debates, votes, and ways to get involved in the process.

    The State Bar also launched News Notes, a free, biweekly summary of legal issues that have been reported in the press statewide and around the nation. News Notes is delivered by fax or email to subscribers and is available on WisBar.

    Educating Our Members

    State Bar CLE continued its commitment to provide quality legal education to Wisconsin attorneys. In addition to producing the familiar and highly regarded State Bar books and seminars, the Bar is exploring ways technology will affect the delivery of CLE. At present, Wisconsin lawyers can peruse the State Bar CLE Books catalog, search an interactive CLE Seminars calendar, and place their orders and register online. The Bar added an information technology staff attorney to help develop technology-based systems for the delivery of continuing legal education, including an online CLE index and searchable database of material published by the State Bar, and an online practice reference library.

    CLE Books continued to spotlight the expertise of some of Wisconsin's most talented attorneys as more than 350 lawyers volunteered to serve as authors or reviewers. Wisconsin Trial Practice was copublished this year with the State Bar's Litigation Section. The new book picks up where Wisconsin Civil Procedure Before Trial leaves off, covering issues that arise at every stage of jury and bench trials, from pretrial conferences to post-trial motions.

    LLCs and LLPs: A Wisconsin Handbook, also published in FY 99, is a completely revised edition of one of CLE Books' most popular practice books. Other notable revisions include The Marital Property Classification Handbook and the Wisconsin Attorney's Desk Reference. Ten other revisions, 27 supplements to existing publications, and a new statutory compilation - The Real Estate and Real Property Codebook - rounded out the CLE Books' publication list for the fiscal year.

    Award Finally, CLE Books' comprehensive elder law book, Advising Older Clients and Their Families, was recognized this year by the international Association for Continuing Legal Education (ACLEA). ACLEA granted the two-volume work its highest award for a CLE publication, the Award of Professional Excellence.

    CLE Seminars presented nearly 80 live programs during the past fiscal year. It also offered video replays in 11 locations across the state, along with six telephone seminars, offering a total of 408 credits and reaching more than 15,661 registrants. More than 250 Wisconsin practitioners volunteered their time and expertise as seminar faculty.

    Every year the CLE Seminars department collaborates with State Bar sections and committees, other legal organizations, and interdisciplinary professional groups to provide substantive and practical CLE. This year, the State Bar Appellate Practice Section and the CLE Seminars department put on a highly successful Appellate Advocacy Workshop. Supreme court justices and court of appeals and federal court judges provided personal, one-on-one coaching and commentary to a small group of appellate practitioners to help them develop and refine their advocacy skills.

    The State Bar also cosponsored CLE programs with the Corporate Practice Institute, the Wisconsin Institute of Certified Public Accountants, the American Board of Trial Advocates, the Wisconsin Academy of Matrimonial Lawyers, and the Wisconsin Psychological Association.

    People

    In FY 99 alone, State Bar CLE Seminars served the education needs of 15,661 registrants. The nearly 80 live programs, video replays, and telephone seminars offered a total of 408 continuing legal education credits.

    The theme for last year's Midwinter Convention at the Midwest Express Center in Milwaukee was "Tools for 2000." The convention offered 31 CLE seminars on topics ranging from alternative dispute resolution to "Truth-in-Sentencing" legislation. The Bar also offered programs on stress management for lawyers and year 2000 computer problems. At the annual Member Recognition Luncheon, Outagamie County Circuit Court Judge Harold V. Froelich was honored as State Bar Judge of the Year.

    The State Bar's Annual Convention, held in Green Bay, offered "More Tools for 2000." Chief Justice Shirley S. Abrahamson swore in Leonard L. Loeb as the new State Bar president. At the annual President's Luncheon, Hon. Patrick Sheedy and Hon. Peter Pappas were corecipients of the Lifetime Jurist Achievement Award. Justice Jon P. Wilcox presented the awards and noted that between the two, they have served the public, the bench, and the bar for more than 102 years. Also recognized was Charles "Chuttie" Senn, who received the Heffernan Award for his long commitment to law-related education. Susan Steingass awarded three members with the Distinguished Service Award, including John Macy, for his work on the Finance Committee; Nathan Fishbach, for chairing the "Building the Future" Campaign Cabinet; and Gary Yakes, for his many years on the Board of Governors. Other honorees at convention were the winners of the Local Bar Grant Competition Awards. These awards recognize local and specialty bar associations that have completed public service projects within the last two years. During FY 99 the Bar Grant Competition Committee awarded $9,000 in grants to develop a supervised visitation program in Milwaukee County for statewide use, parenting programs in Iowa County, a Family Law Information Center at the La Crosse County Courthouse, and a high school curriculum on obligations of entering into contracts and loans.

    Reaching Outside the Profession

    The State Bar is committed to educating the public about the legal system - reaching the public through the mock trial program, consumer publications, and legal resources.

    Tape

    The Bar's nationally recognized law office videotape series provides members an economical and effective way to educate clients and staff. "Preparing for Your Personal Injury Case" joined the list of videos for clients in FY 99.

    The State Bar's Law Office Videotape series, respected nationally for its quality, is an economical and effective way to educate clients and legal staff. In FY 99 the Law Office Videotape Committee produced "Preparing for Your Personal Injury Case" to help clients understand the options available to them and the process they'll go through when they pursue a personal injury case.

    The Communication Committee oversees development of the 16-title consumer pamphlet series, providing attorneys with a low-cost way to dispense basic legal information to clients and the public. In the past year, nearly 100,000 pamphlets on topics from arrest to wills and estates reached Wisconsin consumers. New titles completed during the year include "Guardians ad Litem in Family Court," which was distributed to family court commissioners statewide, and "Hiring and Working with a Lawyer."

    During the year, staff worked with various consumer education committees to develop a consumer Web site, www.legalpointers.com, a "sister site" to the existing WisBar. The goal is to create a site that allows consumers to easily access information tailored to their needs, such as finding an attorney, and answers common questions about the law and our legal system. The public debut is planned for January 2000.

    The Public Service Announcement series, sponsored by the Professionalism Committee, continued its statewide radio announcements on such topics as automobile insurance, divorce, buying a used car, employee rights, drunk driving, eviction, worker's compensation, child support, and harassment by a collection agency.

    Law Talk, a 30-minute public affairs television program sponsored by the Cable and Broadcast Outreach Committee, continues to air on cable access stations in various parts of the state. Participating cities include Madison, Milwaukee, Whitewater, Stoughton, Lake Mills, Oshkosh, Baraboo, Mineral Point, Wisconsin Rapids, and Janesville. The show educates the public about the legal system and how it works in an easy-to-understand, entertaining format. This year's topics included "truth-in-sentencing" legislation, consumer issues, employment discrimination, and the jury system.

    The Clients' Security Fund, established in 1981 by the Wisconsin Supreme Court, reimburses people who have lost money through dishonest acts of Wisconsin attorneys. The program is financed by an annual assessment of all practicing attorneys in the state. In FY 99 the Fund acted on 32 claims. Of the 24 claims approved for payment, 23 were paid for a total amount of $214,607.95.

    The Lawyer Referral and Information Service refers citizens in need of legal services to attorneys or appropriate government and community agencies after careful screening. Last year, LRIS fielded 50,000 calls. A fourth, full-time legal assistant was added in FY 99 to increase service to the public and the members. Attorneys who participate in the service collectively received $2 million from referrals in FY 99. The Lawyer Hotline program coordinates volunteer lawyers who answer consumers' simple legal questions. A State Bar staff member travels to cities across the state providing attorneys with a unique opportunity to serve the public by hosting a lawyer hotline. More than 1,500 callers are served annually by the program.

    The State Bar produced a second edition catalog of Volunteers in the Courts, in partnership with the Wisconsin Supreme Court. Containing information on more than 200 programs that use volunteers to aid the work of the courts, the catalog, the first of its kind in the nation, was recognized by Attorney General Janet Reno as a successful way to enhance public involvement in the judicial process.

    For the 16th year, the State Bar sponsored the Wisconsin High School Mock Trial Tournament. Involving more than 1,600 students and many judges, attorney/coaches, and teachers annually, the tournament culminated last May with Sheboygan High School placing fourth in the nation during the National Mock Trial Competition in St. Louis, Missouri.

    The Mock Trial Journalism program offers high school students an opportunity to attend the state mock trial competition and test their news- and opinion-writing skills under deadline pressure. Approximately 25 high school students participated in FY 99.

    The State Bar's Law-related Education Committee teamed up with the Wisconsin Association of Trial Lawyers (WATL) for its 10th year in presenting 90-minute versions of fictional criminal and civil trials as part of the State Fair Mock Trial program. The program educates fairgoers about the jury system, and shows how judges, lawyers, and lay people operate in a courtroom. Audience volunteers participate in the trials by acting as the jury.

    Peers in Education Addressing Conflict Effectively (PEACE) teaches educators conflict resolution techniques to reduce the level of violence in their schools. PEACE successfully completed its fourth year, gathering 17 elementary schools from around the state in Madison for training. Sponsored by the State Bar and the Attorney General's office, the program trains teachers, parents, and others to create student peer mediation programs in their schools. The trained adults then teach the students, who make the program work.

    The Court with Class program gives high school students an opportunity to attend a Wisconsin Supreme Court oral argument. The program, cosponsored by the Wisconsin Supreme Court and the State Bar, attracted more than 850 students last year from both public and private high schools. To enhance the visit, students receive a plain-English synopsis of the case they will hear, and have a chance to visit with a justice afterward.

    The Business Assistance Program continued in FY 99 to offer guidance to new and expanding businesses. Participating attorneys donated legal counseling to businesses and nonprofit organizations to help them avoid legal problems that could end in bankruptcy.

    The Alternative Dispute Resolution and Business Law Sections became the first two sections to work together to develop a public service project, the Y2K Dispute Resolution Program. This service will offer businesses and other organizations a fast, low-cost, and confidential method of settling disputes over Y2K computer problems without going to court. The program uses trained volunteer attorneys as mediators and arbitrators to settle such disputes.

    The State Bar Media-law Relations Committee and the Wisconsin Supreme Court cosponsored the first-ever Media-law Seminar in Green Bay to help the media and the judiciary understand each other's roles and responsibilities, and to build bridges between the two. Nearly 40 judges and journalists participated in a fictional sentencing of a drunk-driving case. The judges and journalists, who were asked to decide appropriate sentences and write potential headlines, had a lively discussion.

    Special Events

    Aside from the day-to-day services and programs that the State Bar offers, each year the Bar organizes a host of special events to involve both members and the public.

    Award

    The Volunteer Lawyer Recognition Celebration acknowledged the attorneys, judges, law firms, organizations, and law students who made outstanding pro bono, public service, or law-related education contributions in FY 99. The event honored 12 individuals and two law firms.

    The State Bar and the Wisconsin Law Foundation annually recognize outstanding volunteer work by attorneys who provide pro bono legal services, public service, and law-related education to the community at the Volunteer Lawyer's Recognition Celebration. Last year, 12 individuals and two firms were honored at a celebration held at the Monona Terrace and Convention Center in Madison. Wisconsin Supreme Court Chief Justice Shirley S. Abrahamson delivered the keynote address and reminded those present that, "Together, we can make a huge difference."

    The Delivery of Legal Services Symposium, offered during the Annual Convention, provided a forum to discuss ways to provide adequate legal services to all citizens, regardless of income. Topics included the role of law schools in instilling the pro bono ethic, institutionalizing with bar leadership the importance of pro bono and delivery of legal services issues as a vital part of the association and profession, and ethical issues confronting lawyers who are acting in a pro bono capacity. The State Bar's Legal Assistance Committee sponsored the event.

    The State Bar cosponsored the second-annual Midwest Small Firm Success Conference in Cedar Rapids, Iowa. The state bars of Wisconsin, Indiana, Michigan, Minnesota, and Nebraska participated in the two-day event that drew more than 200 participants. The conference provided a forum for rural attorneys and small, urban practitioners to network and share ideas to improve their practices.

    Nearly 50 local and specialty bar association leaders participated in the 1999 Wisconsin Bar Leaders Conference (WBLC) sponsored by the State Bar and the Local Bar Leaders Conference Committee. For the first time, the conference was held as a stand-alone event in the spring instead of during the traditional pre-Midwinter Convention time slot. Participants liked the change and said that the WBLC provides a great opportunity to meet other bar leaders in a relaxed atmosphere while discussing issues of mutual interest.

    Preparing for the Future    >

    Wisconsin Lawyer


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