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Vol. 73, No. 11, November 2000
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2000 Annual Report
Fiscal Year July 1, 1999 - June 30, 2000
Annual Report
Chart the Bar's Direction
At the onset of fiscal year 2000 (FY00), the
State Bar Board of Governors adopted 10 goals to direct the State Bar's
ongoing activities and to determine the direction of new initiatives.
The goals serve as the structure to evaluate and summarize the
activities, accomplishments, and challenges of the past year and to
direct our future efforts.
Increase and diversify participation in Bar
activities.
The commitment from the State Bar's incoming presidents, Gary Bakke
and Gerald Mowris, to increase Bar involvement - especially among
minorities - is a good sign of the progress to come. Here is a summary
of what was done this past year.
The need for
diversity. "Change is inevitable; growth is optional," warned
Dr. Samuel Betances, keynote speaker at the Bench & Bar Conference's
plenary session at the midwinter convention, sponsored by the State Bar
Diversity Outreach Committee. Betances addressed the need for diversity
initiatives to respond to the ever-changing face of today's workplace.
During the panel discussion, bench and bar leaders discussed how the
State Bar can best achieve its diversity goals. One participant noted
that while more women and minorities are entering the legal profession,
they have yet to become involved in Bar leadership in any significant
way. President-elect Gary Bakke wants to see this change.
Furthering the cause of
diversity and rekindling lawyers' passion for justice. Morris
Dees, acclaimed civil rights crusader and Southern Poverty Law Center
cofounder, was the featured speaker at the annual convention. "There are
tyrants today [who] we can use our legal skills to deal with," says
Dees. Whether it's ensuring equal treatment regardless of sexual
orientation, race, gender, or age, or protecting consumers from
dangerous products, "lawyers hold the keys to the gates of justice."
Opening doors for minority and
women lawyers. The State Bar Diversity Outreach Committee,
active since 1996 in encouraging the retention of women and minorities
as corporate counsel, held its annual conference in Milwaukee. Corporate
counsel and service providers offered practical suggestions for
attorneys seeking corporate counsel positions.
Keynote speaker Hon. Charles Clevert
discussed the changing demographics of the U.S., saying, "Business will
need to understand other cultures and respect diversity in order to stay
competitive. More and more, companies are gearing advertising to
minorities, and it will become increasingly difficult not to employ
minorities. All of this underscores the purpose of this program -
opening doors and breaking down barriers."
Expanding law students' and
firms' horizons. The Minority Clerkship Program placed 19
first-year law students in 17 law firms, corporate legal departments,
and government agencies during FY00. Sponsored by the State Bar
Committee to Encourage the Placement of Minority Lawyers, the program
has given about 100 students practical exposure to legal environments
that traditionally have been closed to minorities, while enabling
employers to promote diversity in their organizations.
Increase public understanding of citizens' legal rights and
responsibilities.
The State Bar is committed to educating
the public about the legal system, reaching the public through numerous
law-related education activities, consumer publications, and Internet
legal resources. These ongoing efforts reach thousands of Wisconsin
residents, making them better legal consumers. FY00 featured a special
Law Day effort that focused on increasing the public's understanding of
their rights regarding health care - Life Planning 2000.
The Life Planning 2000 program
takes off. The collaborative effort between the State Bar, the
State Medical Society of Wisconsin, and the Wisconsin Health &
Hospital Association to empower all Wisconsin adults to discuss and
document their wishes for future health care had statewide impact.
Educational activities took place in
nearly 50 communities, led by 75 local coordinators and hundreds of
volunteers. The message reached the public via an advance care planning
consumer guide entitled A Gift to Your Family, public service
announcements, billboards, newspaper advertisements, and statewide media
coverage. The Bar distributed 20,000 free consumer guides throughout the
campaign and continues to distribute it through WisBar at www.wisbar.org/lifeplan.
The National Association of Transplant
Surgeons honored the State Bar with a public service award recognizing
its efforts to increase public understanding of advance care planning
and organ and tissue donation. President Leonard Loeb, the Elder Law
Section, and Local Bar Relations Committee were instrumental in
organizing the efforts.
Teaching teachers about the
court system. Teachers from across Wisconsin gathered in
Madison in February to learn new ways to educate students about the
legal system. The first-ever teachers' institute, "From the Courtroom to
the Classroom," was a cooperative effort between the State Bar, the
UW-Madison Department of Curriculum and Instruction, the Wisconsin Law
Foundation, and the Wisconsin Supreme Court. Funding was provided
through a grant from Youth for Justice, with additional support from the
State Bar General Practice Section.
LegalExplorer.com hits
cyberspace. The State Bar worked throughout FY00 to launch
LegalExplorer.com, the new consumer Web site that debuted in July 2000.
The service educates consumers about the law, government, and the legal
profession, answers commonly asked legal questions, and provides links
to valuable legal resources. The site has a searchable database of State
Bar publications, videotapes, and programs for use in client education,
law-related education, and community outreach efforts. The site also
features an online lawyer referral service, making it easier for
consumers to find a lawyer.
Enhance public understanding of the administration of
justice.
Studies show that people's
understanding of the justice system directly affects their confidence in
it. The Bar offers a range of activities to promote the public's
understanding of the administration of justice. One of the Bar's most
successful programs each year is the Wisconsin High School Mock Trial
Tournament, which gives high school students hands-on experience in the
justice system.
New videotape helps clients
understand ADR. The State Bar Videotape Committee produced
"Understanding Alternative Dispute Resolution," an easy-to-understand
explanation of ADR for clients. The video covers nine methods of
resolution and tips for preparing for mediation and arbitration
proceedings. The Communications Committee added a similar title to its
popular consumer pamphlet series.
Local bar grants awarded to
public service projects. The State Bar Local Bar Grant
Competition Committee awarded grants to seven local and specialty bar
associations for developing these public service projects:
- a video geared towards schoolchildren on juvenile justice laws;
- a high school curriculum on topics of contractual obligations;
- a booklet on immigration rights;
- fact sheets translated into Hmong on juvenile criminal proceedings
and family law issues;
- mediation services for civil claims and pro se divorce litigants,
and victims and offenders;
- free legal clinics; and
- a brochure on the basics of obtaining a valid driver's license.
Seminar promotes understanding
between courts and media. In FY00, the Media-Law Relations
Committee and the Wisconsin Supreme Court sponsored the second "Courts
and Media" free seminar. Reporters, attorneys, and judges gained a
better understanding of each other's perspectives in the contexts of
their work. Enhanced court-media communication and more informed
reporting ultimately benefits the public and the legal profession.
Improve access to justice.
The State Bar worked with the Equal
Justice Coalition and the Wisconsin Legislature to secure federal funds
allocated at the state level to provide civil legal assistance by
lawyers to low-income residents. As a result, the 1999-2001 Biennial
Budget Bill included $100,000 per year for civil legal services. Outside
its legislative efforts, the State Bar is active in several programs to
increase access to justice for everyone - from low-income residents, to
small businesses, to aspiring artists.
Team Pro Bono on the
move. The State Bar launched Team Pro Bono to increase the
accessibility of legal services to low-income persons in Wisconsin, to
instill in lawyers a sense of self-satisfaction, to enhance the public
image of the legal profession, and to improve statewide coordination of
legal services efforts.
So far, 23 Wisconsin counties and all
substantive legal practice areas are represented on Team Pro Bono. Each
team "position" provides a different type of volunteer opportunity.
Players provide direct representation, coaches serve as mentors,
managers lead a specific pro bono project, and sponsors make a financial
contribution to the Equal Justice Coalition, Wisconsin Trust Account
Foundation, or a legal services office in Wisconsin.
Business Law Section wins SBA
legal assistance award. In recognition of its contributions to
the state's economic development, the State Bar's Business Law Section
was honored by the US Small Business Administration with Wisconsin's
2000 Small Business Legal Assistance of the Year Award.
The section's Business and Nonprofit
Business Assistance program provides up to two free hours of
introductory counseling to small businesses and qualifying nonprofit
organizations. Since the program began in 1995, 195 Wisconsin attorneys
have donated their services to this program, helping more than 2,500
businesses and nonprofit organizations.
New program provides creative
pro bono opportunities. Wisconsin attorneys can fulfill their
pro bono obligation by working with the Wisconsin Volunteer Lawyers for
the Arts group. The new group pairs lawyers with artists and arts groups
confronted with issues in intellectual property, tax, contracts, basic
business law, licensing, commercial leasing, and estate planning. This
program was developed in cooperation with the Wisconsin Assembly of
Local Artists and the State of Wisconsin Arts Board.
Improve member education that is responsive to changing
member needs.
Every year, the State Bar continuing
legal education departments collaborate with State Bar members to
provide substantive and practical CLE. In addition to the traditional
programs and publications that members know and rely upon, the State Bar
experimented in developing alternative delivery mechanisms for CLE
materials.
Traditional CLE programs and
publications. CLE Seminars collaborated with numerous State Bar
sections, committees, other legal organizations, and interdisciplinary
professional groups to produce more than 80 live seminars resulting in
420-plus program dates and locations, and serving more than 13,000
members. The Appellate Advocacy Workshop, produced in collaboration with
the Appellate Practice Section, received the Award of Outstanding
Achievement from the Association for Continuing Legal Education.
CLE Books continued its award-winning
publications program, updating more than 30 of its 50-plus books and
issuing several new titles. The year's new notable accomplishments
include the comprehensive Wisconsin Trial Practice, added to the Bar's
civil litigation series; the Wisconsin Guide to Citation, which explains
the new public domain citation format adopted by the Wisconsin Supreme
Court; Wisconsin Employment Law Codebook, added to the Bar's collection
of selected statutes and regulations on specific topics; and a
paperback, Wisconsin Law of Easements, with useful forms on disk.
New year brings hands-on
technology training to Bar Center. The Quarles & Brady LLP
Technology Center, located at the new Bar Center, became home to members
and their support staff seeking hands-on training in law office
technology applications. The technology-training curriculum grew out of
the 1996 and 2000 technology surveys in which 56 percent of respondents
said that hands-on training would help them in their practice. More than
15 program titles and 80 program dates have focused on Internet- and
computer-assisted legal research and other law office applications such
as PowerPoint for Litigators and effective use of Word in the law
office.
The State Bar has partnered with the
Law Librarians of Wisconsin, which has been instrumental in designing
and teaching the legal research classes, and Westlaw, LOIS, and LEXIS to
present individualized instruction in each of those research tools.
Popular Probate Systems books
developed into electronic forms system. In exploring new ways
to deliver products that increase attorneys' efficiency, CLE Books
introduced the Windows version of the Probate Document Assembly System.
The fully integrated practice system software is a companion to the
State Bar's top-selling Wisconsin Probate System: Forms and Procedures
Handbook. The probate software is a complete document automation system
that merges client data into forms and correspondence for informal
probate in Wisconsin. The software is on CD-ROM, and is compatible with
both Word and WordPerfect.
Improve member service that is responsive to changing member
needs.
The State Bar offers a variety of
services to enhance the practice of law in Wisconsin. The Member
Relations Committee continuously monitors member needs and either
implements new benefits and services or recommends analysis of potential
benefits and services to other appropriate State Bar entities.
WisLAP reaches out to improve
lawyers' well-being. The Wisconsin Lawyers Assistance Program
(WisLAP) continues to help attorneys, judges, law students, and their
families cope with alcoholism, other chemical addictions, depression,
acute and chronic anxiety, and other problems relating to the practice
of law. WisLAP travels to local bar associations, law firms, and other
member gatherings to present programs on stress and depression; drug,
alcohol, gambling, and Internet addictions; and avoiding grievances
filed in the attorney regulatory system. The presentation qualifies for
three CLE ethics credits. WisLAP's motto, "You're never alone," now
appears on Bar membership cards, along with its toll-free number.
Bar Leaders Conference targets
changing needs. Recognizing and addressing change was the theme
of the 2000 Wisconsin Bar Leaders Conference. More than 60 lawyers
representing 33 local and specialty bar associations gathered at the Bar
Center in April for a day-long program focusing on enhancing member
participation in today's changing professional environment. Sessions
provided advice on planning productive business meetings, identifying
how associations can serve and benefit from a diverse membership,
surveying association members, developing member-specific programs, and
enticing member participation with creative activities.
Use technology to improve education, communication, member
services, cost-effective access to legal resources, and effective
management.
As members have different comfort
levels with technology, the Bar is responding with different levels of
service - technology training for those who need it and online CLE
opportunities for those who want it.
Increasing role of the Internet
in delivering practice information. The Internet offers great
potential in assisting Wisconsin lawyers with their practices by
providing instant and continuous access to legal resources. The State
Bar is developing an Online Practice Resource Library, a fully indexed
and searchable database of State Bar practice materials, including
seminar and convention written materials, book abstracts, and Wisconsin
Lawyer articles. Available through WisBar, the practice library is
expected to debut in 2001.
The State Bar continues to experiment
with different forms of Internet delivery for CLE seminars. For
instance, the Bar will offer its first Web-enhanced seminar using
various technologies in fall 2000. The seminar's audio portion will be
delivered by phone, the visual information by the Internet - allowing
participants real-time, hands-on training without requiring them to
leave their offices. Archived seminars, presentations, and accompanying
materials on WisBar are available 24 hours a day.
Using technology to improve
communications. The Bar uses its Internet site, WisBar, in a
variety of ways to facilitate communications between members and the
Bar. Members may participate in WisBar's discussion groups, subscribe to
electronic mailing lists on topics specific to their interests, and use
"Lawyer Search" to locate and contact colleagues.
In June, the State Bar conducted a
focus group and usability study of WisBar users to learn how WisBar can
better assist lawyers in their practices and to provide feedback for use
in making it easier to navigate and use. Participants said the Internet
has become a daily partner in their practices, and many said WisBar is a
solid "starting point" or portal to other sites if the information they
need isn't directly available on WisBar. They also praised Caselaw
Express, delivered via email, and free Wisconsin case law as being
extremely valuable practice tools. Others regularly register for CLE
seminars or purchase State Bar products via WisBar's secure online order
system, conduct research using the vast amount of legal research
materials available, and use the Bar Information areas to learn about
member benefits, Bar governance, and to contact staff.
WisBar is ever-evolving, and
information provided by focus groups and other users help the Bar
evaluate and develop new content.
Evaluate and improve our own governance and administration to
best effectuate our mission.
Improving the Bar's governance
and administration. The Board of Governors adopted a new
governance structure plan to bring greater efficiency and effectiveness
to the Bar's decision-making. The plan expands the size of the Executive
Committee, improves communication between the Executive Committee and
the Board of Governors, and defines the role of the Board of Governors
as the policy-making arm of the State Bar. The proposal allows the
Executive Committee to deal with issues of routine operations, and the
Board to focus on issues important to the profession.
Bar returns to previous
election cycle. The Board of Governors unanimously agreed to
return to an election cycle that requires the Election Committee to
nominate officer candidates in early November, rather than Dec. 15, and
allows Board of Governors candidates until early March to file
nomination petitions. Beginning in 2001, elections will be held in April
rather than in February, giving candidates more time to campaign.
Advocate for the integrity and effectiveness of the legal
profession.
Many of the State Bar's activities fall
under the umbrella of advocating for the integrity and effectiveness of
the legal profession. This includes everything from maintaining an
active government relations and grassroots program, to participating in
the attorney regulation system, to studying multidisciplinary
practices.
Government relations builds
relationships with legislators and members. The State Bar's
government relations program worked with members and legislators during
the last two-year session, which ended in March 2000, to provide
information, input, and expertise on legislation affecting many legal
practice areas. A sample of the Bar's legislative work includes new laws
authorizing electronic proxy voting in Wisconsin, changes in child
support and custody placement, providing discretion when awarding fees
in guardianship proceedings, and first-time funding for state civil
legal services.
The Bar also was active in stemming
the Legislature's use of court filing fees as revenue producers for
other governmental programs. The Bar worked to stop legislation that
would have placed a professional tax on legal services, eliminated
judicial substitution, established covenant marriages, and made
large-scale revisions to Wisconsin's product liability laws.
The Bar and its practice sections were
increasingly called upon by legislators to provide legal expertise and
comment on legislation. The Bar was instrumental in providing input on
truth-in-sentencing changes, the use of DNA evidence in criminal
proceedings, defining the role of court-appointed special advocates,
restorative justice initiatives, and changes to the definition of sales
and use taxes.
Evaluating Wisconsin's lawyer
regulation system. At the beginning of FY00, the ABA's Standing
Committee on Professional Discipline evaluated the Wisconsin system of
lawyer regulation at the request of the Wisconsin Supreme Court. The ABA
committee recommended significant changes to restructure the Board of
Attorneys Professional Responsibility (BAPR), the supreme court agency
that oversees attorney discipline in Wisconsin.
Throughout the year, the State Bar's
BAPR Study Committee worked diligently to review the existing system and
proposed rules, offered testimony at court public hearings, and made
recommendations for improvement to the supreme court. At the end of
FY00, the supreme court announced the creation of the new Office of
Lawyer Regulation (OLR), to go into effect in the fall of 2000. The new
system of lawyer regulation clarifies the duties and responsibilities of
the system components and provides new checks and balances to increase
the accountability of the decision making in order to protect the public
and the legal profession. The State Bar published a written explanation
of the new system in the Wisconsin Lawyer, facilitated discussion at the
June convention, and offered a series of CLE programs in fall 2000 to
educate members about the changes.
Studying the issues of
multidisciplinary practice. Throughout much of FY00, the Bar
studied multidisciplinary practices, including how they're structured,
whether and how attorneys should be allowed to participate in MDPs, and
the effect of MDPs on the future of the law practice.
In June, the Board accepted the MDP
Committee's report, which recommends: distributing the report and other
MDP information to Bar members; determining whether the issue should be
considered from the legal profession's perspective or a wider public
policy standpoint; and developing mechanisms for collecting input from
members and others, discussing the issue, and choosing whether to adopt
a State Bar position on MDPs. The discussion on MDPs will continue.
Support and promote attorneys as problem
solvers.
President-elect Gary Bakke is a strong
proponent of promoting the problem-solving skills that lawyers possess.
One of the most notable initiatives in this area during FY00 is the
Public Trust and Confidence Project that brings lawyers, judges, and
laypeople together to work out problems in the justice system.
The State Bar of Wisconsin, Wisconsin
Supreme Court Justice Shirley Abrahamson, the Wisconsin Director of
State Courts, and the Wisconsin League of Women Voters implemented a
state project to improve public trust and confidence in the Wisconsin
justice system. Committee members - three attorneys, three judges, one
clerk of court, and three members of the League of Women Voters -
support the concept of justice system "insiders" working in conjunction
with the public as problem-solvers to improve the system for
everyone.
The committee held statewide focus
groups to gather public input on the justice system. Former jurors,
offenders and their families, and civil litigants participated. The
committee will synthesize its research and develop an action plan to
more effectively direct community, government, and justice system
resources toward improving the justice system and promoting public trust
and confidence in it. The action plan will be presented to the bench,
the bar, and community groups throughout FY01.
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