Wisconsin Lawyer: Key Findings of the 2005 Bench and Bar Survey:

April 01, 2006

Key Findings of the 2005 Bench and Bar Survey

Survey respondents were asked the degree to which they agreed or disagreed with the following statements. Respondents could choose from three levels of "disagree" and three levels of "agree." For these findings, all levels of disagree and all levels of agree are combined, resulting in the percentages shown below.

Key Findings of the 2005 Bench and Bar Survey

Survey respondents were asked the degree to which they agreed or disagreed with the following statements. Respondents could choose from three levels of "disagree" and three levels of "agree." For these findings, all levels of disagree and all levels of agree are combined, resulting in the percentages shown below.

1) A mandatory prerequisite for obtaining a license to practice law in Wisconsin (other than reciprocity) should be at least one semester's (or equivalent) clerkship/internship with a court or attorney's office (public or private) in Wisconsin - 58 percent disagreed to some extent.

2) The civil discovery process is abused - 76 percent agreed to some extent.

3) Wisconsin should allow electronic filing of all documents, including Summonses and Complaints - 76 percent agreed to some extent.

4) Mandatory CLE for lawyers should include at least one hour on the civility rules, SCR 62.02 - 63 percent agreed to some extent.

5) Mandatory judicial education should include at least one hour on the civility rules, SCR 62.02 - 73 percent agreed to some extent.

6) The Code of Judicial Conduct should be included in law school ethics courses and as part of mandatory ethics CLE for lawyers - 69 percent agreed to some extent.

7) Administrative Law Judges should be covered by the rules of discipline/disability similar to the Code of Judicial Conduct applying to judges and court commissioners - 93 percent agreed to some extent.

8) The Wisconsin Supreme Court should not require mandatory pro bono work (or equivalent financial contribution) as a condition of practicing law - 81 percent agreed to some extent.

9) The rules of appellate procedure for Wisconsin cases are too complex - 66 percent agreed to some extent; and the process is too time consuming - 71 percent agreed to some extent.

10) Contractually mandated arbitration is a fair - 47 percent agreed to some extent, efficient - 62 percent agreed to some extent, and inexpensive - 46 percent agreed to some extent, method to provide justice for the average person.

11) Incivility in the profession adds significant stress to my role as lawyer/judge - 73 percent agreed to some extent.

12) The practice of law is not as economically rewarding as it used to be - 81 percent agreed.

13) There are too many lawyers in practice today for the work to be done - 51 percent agreed to some extent.

14) Wisconsin should mandate the use of mandatory interrogatories and other mandatory disclosures upon filing of a suit much like those required by the Federal Rules of Civil Procedure - 56 percent disagreed to some extent.

15) The current system of campaign financing for judicial elections is acceptable - 59 percent disagreed to some extent.

16) Attorneys are reluctant to file complaints because of fear of retribution against them - 82 percent agreed to some extent.

17) Attorneys are reluctant to file complaints because of fear of retribution against their clients - 69 percent agreed to some extent.

18) If you were able to immediately change one thing in your practice (attorneys) or in the judicial process (judges), what would it be? Respondents provided a range of comments, including many of the same issues they raised related to increased stress. They also made comments about court rules and laws in general.

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