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    Wisconsin Lawyer
    October 01, 2001

    Wisconsin Lawyer October 2001: Legal News and Trends

    Legal News & Trends

    ABA studies billable hours and law school debt

    ABA President Robert Hirshon recently announced two major issues that will be addressed during his tenure at the ABA helm. The ABA Board of Governors has approved creating separate commissions to study and make recommendations to the ABA on the effect of increased billable hours on the law community and the effect of law school debt on young lawyers' career choices.

    The Commission on Billable Hours will investigate the growing concern among lawyers and judges that the demands of increased billable hours are compromising the health and well being of lawyers and, thereby, the communities in which they live. The commission will gather information through secondary research, hearings, and focus groups. For more information, contact Michael McGrath at (312) 988-5137 or mcgrathm@staff.abanet.org.

    The Commission on Loan Repayment and Forgiveness will study the effects of the increased debt burden facing law school graduates. Evidence suggests that law students are making career decisions based on the amount of their law school debt and that students are turning away from government, public service, and legal services positions because those positions do not offer salaries large enough for graduates to pay down their debt. For more information, contact Dina Merrell at (312) 988-5773 or merrelld@staff.abanet.org.

    Judiciary Committee seeks lawyer input on pending legislation

    State Rep. Mark Gundrum, chair of the Assembly Judiciary Committee, is interested in gaining input from State Bar members. If you would like to receive email notices of legislation pending before the Judiciary Committee so you might have an opportunity to provide input, contact Gundrum at rep.gundrum@legis.state.wi.us.

    ABA site offers hints on charitable giving, identifying legitimate charities

    Americans are responding to the terrorism attacks in New York and Washington, D.C., with an enormous outpouring of charitable giving. Many new charitable organizations have been formed to address the needs of victims and their families. To assist consumers in making donations, the ABA Tax Section has developed information on its Web site to help donors identify legitimate charities and get the proper tax benefits for their gifts. Visitors to the site, www.abanet.org/tax, will find a checklist of things to consider before making a contribution and, later, claiming a deduction. They also will find useful links and information on many of the complex tax questions that have surfaced due to the attacks.

    Outagamie County court records go online in December

    Outagamie County will join 70 other counties in Wisconsin, when it begins using the state court-sponsored Consolidated Court Automation Programs' (CCAP) computer system. The Outagamie clerk of court's office plans to begin using the CCAP system in early December. After Outagamie's conversion, Walworth and Portage counties will be the only counties not on the Wisconsin Circuit Court Access (WCCA) site. WCCA lists criminal, citation, small claims, civil case filings and dispositions, and allows users to check schedules of pending court cases and perform background checks. The WCCA site was created to efficiently deliver information to police, attorneys, and others needing access to court records. Since going online in April 1999, the site averages more than 300,000 hits per day. For more information, visit http://ccap.courts.state.wi.us.

    Social Security Web site offers attorneys guidance on client representation

    The Social Security Administration (SSA) recently launched a new Web site, Representing Clients, which provides comprehensive information for representatives and links to key SSA regulatory and program resources. "The Web site was created as a service to the thousands of attorneys and other representatives who provide assistance to people who apply for Social Security benefits," said Larry G. Massanari, Acting Social Security Commissioner. "The right to representation is extremely important, and this is part of Social Security's continuing effort to enhance the claimant representation process."

    The Social Security Act gives SSA the authority to approve fees for individuals representing Social Security claimants. In Social Security cases, when the representative is an attorney, SSA pays the fee directly to the attorney from the claimant's past-due benefits. In all other cases, SSA must approve the fee before a representative can charge a claimant for services. Fees are most often authorized for representatives of claimants for disability benefits.

    The Web site, www.ssa.gov/representation, provides specific information about the claimant representation process, regulations, and operating procedures. The SSA also provides publications for representatives and claimants that explain the disability application and appeals processes. Publications are available online at www.ssa.gov/ www.ssa.gov/ pubs, or can be obtained by calling (800) 772-1213 or visiting a local Social Security office.

    Court of Appeals District II calls for volunteer mediators

    The Wisconsin Court of Appeals, District II - like many courts - has been faced with a steady increase in filings, while court funding and staffing levels have remained relatively constant. The result is a prolonged appeal process, which in turn results in prolonged disruption of litigants' lives. In some cases, mediation is an appropriate alternative to litigation. Since October 1991, the Courts of Appeals, District I, and the Milwaukee Bar Association have operated a successful volunteer ADR program. Appropriate cases are referred to a volunteer neutral. These referrals have resulted in 113 appeals proceeding to nonbinding arbitration, and 42 appeals resulting in settlement prior to an appellate decision. In its effort to replicate this success, District II seeks volunteer neutrals. If you have practiced five or more years and have participated in at least three appeals, you are eligible to serve as a volunteer. In addition, those with formal training in mediation or who have at least three years of mediation experience are especially encouraged to participate. Although volunteer neutrals will not be compensated for out-of-pocket expenses, there are several benefits to participating, including:

    • free CLE training cosponsored by the Court of Appeals and the State Bar Appellate Practice and ADR sections;
    • prescreened referrals;
    • active contribution to the improvement of the courts and the justice system; and
    • fulfillment of your pro bono obligations under SCR 20:6.1.

    For more information, contact Judge Daniel P. Anderson in writing at Wisconsin Court of Appeals, District II, 2727 N. Grandview Blvd., Suite 300, Waukesha, WI 53188-1672.

    Event showcases legal technology

    The second annual "Wisconsin Law & Technology Show" will be presented on Nov. 28 at the Country Inn Hotel and Conference Center in Pewaukee and will offer a full day of seminars and legal technology exhibits specifically geared toward lawyers, legal and MIS support staff, and court personnel.

    The program is produced by National Practice Institute and the Milwaukee Bar Association, and it is sponsored by the State Bar of Wisconsin and several other law-related organizations. The program features sessions ranging from "What You Need to Know About Practicing in a High-Tech Courtroom" to "Contracting Over the Internet: Making 'Battle of the Forms' Child's Play."

    Admission is $125 for lawyers and $62.50 for nonlawyers. The program will be submitted for up to 6 CLE credits and 3 EPR credits. For more information, or to register, call (800) 328-4444, or visit www.npilaw.com/wlt.html.


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