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    Wisconsin Lawyer
    May 01, 1998

    Wisconsin Lawyer May 1998: News Briefs

     


    Vol. 71, No. 5, May 1998

    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.


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