News Briefs
Governor proclaims May 29 Paralegal Day
In honor of the 20th anniversary of the Paralegal Association of
Wisconsin Inc., Gov. Thompson has declared May 29 as Paralegal Day
statewide.
The Paralegal Association of Wisconsin Inc. (PAW) was established in
April 1978 and now includes chapters in Milwaukee, Madison,
Racine/Kenosha, and the Fox Valley. The association's 370-plus members
represent law firms, corporations, banks, insurance companies, and
governmental agencies.
In his proclamation, Thompson commends PAW on its work in educating
the bench, bar, and public about the paralegal profession, including the
publication of the manual "Effective Utilization of Paralegals."
"Fighting Bob," a sesquicentennial event
"Fighting Bob," an original musical biography of Robert M. LaFollette
Sr., will be presented by the Madison Theatre Guild in the West High
School auditorium, June 12, 13, 14, 19, and 20. (Bob LaFollette was born
on June 14, 1855.) John Schweitzer, a Madison attorney and playwright,
is writing the original book and lyrics, with music by McFarland
composer Taras Nahirniak. For more information, call Madison Theatre
Guild, (608) 238-9322.
Circuit court presents federal criminal
appellate practice seminar
With the growing number of court-appointed attorneys in criminal
appeals, the Seventh Circuit Court of Appeals needs a large pool of
attorneys knowledgeable in criminal law and appellate procedure and
willing to devote the necessary time to an appeal. To address this
growing need, the Seventh Circuit Court of Appeals hosts seminars this
spring in Milwaukee, Chicago, and Indianapolis. The seminar, "Federal
Criminal Appellate Practice for the Court-Appointed Attorney," is
designed for attorneys to learn more about representing indigent
defendants in criminal appeals, in the hope that they will accept future
appellate appointments in criminal cases. This free seminar features
presentations by circuit court judges, court personnel, and experienced
practitioners.
Seminar topics include: appointment and payment under the Criminal
Justice Act, procedures in the Seventh Circuit, motions, reviewing the
record and preparing your appeal, pre-trial and trial substantive
issues, sentencing guidelines and the appeal, duties of counsel, client
relations, writing an Anders brief, and effective written and oral
presentations. The day-long seminar ends with a reception for attendees
and presenters.
The Milwaukee seminar takes place on June 2 at Marquette University
Law School. To register, or for more information, contact Donald J.
Wall, Counsel to the Circuit Executive, U.S. Court of Appeals for the
Seventh District, at (312) 435-5805.
Milwaukee ranked one of 10 best cities for
young attorneys
Milwaukee is one of the top 10 cities for young lawyers, according to
an upcoming issue of The Associate, a new magazine aimed at
private practice attorneys in their first seven years of practice.
In determining the ranking, publisher Jack Crittenden says, "We
considered base salary, average hours worked, the crime rate, housing
costs, and other factors."
The top 10 cities for young lawyers as ranked by The
Associate, are, in order: Houston, Cleveland, Pittsburgh, Los
Angeles, Chicago, San Diego, Minneapolis, Milwaukee, St. Louis, and
Dallas.
"It was a big surprise to find Houston, Cleveland, and Pittsburgh
placing first, second, and third," says Crittenden. "Those just aren't
the cities that pop immediately to mind."
The Associate is National Jurist Publishing's newest
magazine. The article on the best cities for young lawyers appears in
the May/June issue. For more information, visit the National Jurist Publishing Web
site.
State Law Library material now available to
all Bar members
To better serve State Bar members, the State Law Library now is
circulating materials to member attorneys across the country.
Previously, materials were loaned only to those within an hour's drive
of the library.
"That rule was originally established because supreme court justices
wanted to receive any information they requested within an hour," says
Connie Von Der Heide, State Law Library reference/outreach services
librarian. "With today's technology, there are several ways for justices
to get information they need quickly and for the library to serve
more people by extending the availability of its material to attorneys
everywhere."
Attorneys can request items either by phone at (608) 266-1600, toll
free at (800) 322-9755, or by fax at (608) 267-2319. If an item is in
circulation, it is mailed to the attorney along with an invoice of $2
per item. If the material cannot be circulated, the library will
photocopy the information and fax or mail it to the attorney for a flat
fee of $3, plus 75 cents per page. Circulated material must be returned
to the library in three weeks.
A Web site featuring the entire State Law Library catalog is in the
works. The address of the library and a listing of its services also can
be found at the Wisconsin Court
System's Web site. The library's catalog can be accessed via its
electronic bulletin board service. You can dial into the bulletin board
via computer modem at (608) 267-2055.
Practice alert
New wrongful death caps bill signed, civil procedure change
signed
Last month, Gov. Thompson signed several bills into law. They include
Senate
Bill 148, now 1997 Wis.
Act 89, which amends Wisconsin Statute section 895.04 (04) by
increasing the cap for loss of society and companionship in wrongful
death cases from $150,000 to $500,000 in the case of a deceased minor
and from $150,000 to $350,000 in the case of a deceased adult. In
addition, the legislation allows a minor sibling to bring a cause of
action. The act became effective on April 28; the new limits apply to
claims filed on or after that date.
Assembly
Bill 671, now 1997
Wis. Act 187, increases the time allowed to serve a summons and
complaint and a responsive pleading. Under the bill, the time allowed to
serve a summons and complaint increases from 60 to 90 days after filing,
and the time allowed to answer the complaint is increased to 45 days.
The new limits first apply to actions commenced on or after May 12,
1998.
Other bills signed into law include SB
423 (Act
79), nonstock corporation Chapter 181 rewrite; AB
266 (Act
80), CHIPS trailer bill Chapter 48; SB
330 (Act
83), probate filing fee; SB
470 (Act
84), operating after revocation/suspension; AB
600 (Act
104), various adoption law changes; and AB
602 (Act
105), a long-term kinship care program for adoptive parents. For
copies of this legislation contact Maria Parker at the State Bar at
(608) 250-6044. Copies of acts also are available online.
Please also see "At Issue" of this issue for
more information on recently passed legislation.
To view the Acts, you will need Adobe Acrobat Reader. Go to the
WisBar Toolbox if you do not have
Acrobat installed!
Survey examines law firms' billing,
collection, administrative policies
A recent survey by the Law Firm Services Association (LFSA) examined
the billing, collection, and administrative support policies of 114 law
firms of various sizes nationwide. Fourteen percent of respondent firms
had five or fewer attorneys; 43 percent six to 10 attorneys; 26
percent 11 to 20 attorneys; 13 percent 21 to 40 attorneys;
and 4 percent had more than 40 attorneys.
Billing
Respondents were asked how much of their firm's revenue was derived
from hourly billing.
More than half (54 percent) stated that 76 to 99 percent of their
revenue is derived from hourly billing, while 6 percent replied that
hourly billing accounted for less than 33 percent of their revenue.
While hourly billing is still the most predominant billing method, most
firms also use other methods, since only 10 percent responded that
hourly billing accounted for 100 percent of their income.
Seventy-one percent of firms that use hourly billing indicated that
they set their hourly rates based solely on rates in the marketplace or
in combination with other factors, such as historical factors. Only 9
percent based their rates on the perceived value of the work; another 9
percent used "some other formula." Fifty-seven percent of respondents
reported that individual attorneys have different hourly rates for
different types of engagements.
The survey found that 39 percent of the respondents require partners
and/or shareholders to submit bills for approval before they are mailed
to clients. In 51 percent of these firms, bills are approved by a
managing partner, in 21 percent by a billing partner, and in 12 percent
by the executive committee. A billing committee reviews the bills in 9
percent of the responding firms.
Collections
The survey also revealed that 78 percent of the firms had an employee
responsible for collections, and that employee made collection calls 92
percent of the time.
In 62 percent of respondent law firms, partners make collection calls
instead of, or in addition to, other employees. Most calls by partners
were made when payment was more than 120 days past due.
When asked whether their firm had ever hired a collection agency, 10
percent reported they had; 82 percent of those respondents would use an
agency again. Forty percent of the firms have sued a client for
nonpayment, and 90 percent of them would again.
Very few firms (5 percent) charge interest on all late accounts.
Most, 72 percent, never charge interest, while the remainder only charge
interest on seriously delinquent accounts.
Late fees fared roughly the same as interest: 79 percent of
respondents never impose late fees, 3 percent impose them on all
accounts, and 19 percent only on seriously delinquent accounts.
Administration
Regarding administrative support policies and practices, nearly half
(41 percent) of the respondent firms report one support person per
attorney; 26 percent reported two support people per attorney; and 24
percent reported one support person for every two attorneys. Only 4
percent reported having fewer than one support person for every two
attorneys.
Most respondents (68 percent) also indicated that the ratio was
approximately the same as it was three years ago. Of the firms that did
report an increase in ratio (more support personnel per attorney), 88
percent attributed that change to firm growth, and 8 percent to
increased business volume. Firms that reported a decreased ratio
attributed the decrease to increased use of computers (60 percent), a
desire to decrease overhead (50 percent), and decreased firm size (30
percent).
The survey also explored policies on overtime pay for paralegals and
other nonattorney employees. Every firm with more than 20 attorneys paid
overtime to paralegals, and 67 percent of all respondents paid overtime
to paralegals. However, paying overtime often depended on whether firms
considered paralegals exempt or non-exempt employees.
Finally, most respondents (57 percent) that pay overtime to any
employees pay for hours worked over 40 per week. Other firms (24
percent) pay for hours worked over eight per day; 15 percent based
overtime on a different work-week measurement (for example, a 35-hour
work week); and 4 percent use some other measurement.
LFSA is a nationwide association of CPA firms serving law firms with
accounting, tax, and business consulting services.
For a copy of the survey, call LFSA at (800) 869-0491.
Wisconsin Lawyer
