Preparing for the Future

Improving the Present

Board News

he State Bar Board of Governors, with input from individual members, committees, sections, and divisions, continued to address various issues affecting the future of the practice of law.

Opposition to mandatory court forms. The board unanimously passed a resolution opposing a petition from the Wisconsin Supreme Court's Records Management Committee requiring mandatory use of standard court forms in civil and criminal actions in the circuit court, or in any other court as directed by the Wisconsin Supreme Court or Legislature.

Board member William Mulligan spoke on behalf of the State Bar at the supreme court's public hearing on the matter: "The practice of law is more than making check marks and filling blanks in forms. This proposed rule would deprofessionalize the practice of law and encourage the legally untrained to prepare and file documents with the courts without an understanding of the legal consequences."

The court ultimately ordered the use of mandatory forms, beginning Jan. 1, 2000 in criminal court and July 1, 2000 in civil court.

SCR amendment on lawyer advertising. The Board of Attorneys Professional Responsibility (BAPR) proposed an amendment to the Supreme Court Rules regarding targeted, direct mail advertising sent from attorneys to prospective clients. The change would have required direct mail to have the words "advertising material" stamped on the envelope in red ink and that any recorded communication, such as video or audio tape have those words at the beginning and end. The Board of Governors voted to request that BAPR not file the petition with the court until the board could solicit member input and discuss the issue in greater detail.

Juror secrecy. The supreme court's Records Management Committee brought a petition before the Wisconsin Supreme Court recommending changes to the way jurors are identified in court. To protect juror privacy, the committee recommended identifying jurors by number. Jurors would not be asked for any personal information such as name, address, and place of employment during voir dire or juror questioning. The Board of Governors unanimously opposed the petition, which the supreme court ultimately rejected, stating that the proposed system would severely limit attorneys' ability to pick impartial juries.

Approval of lobbying for legal services funding. The board unanimously voted to support a legislative position endorsing state general purpose revenue to provide civil legal assistance by lawyers to low-income residents. This action allowed the State Bar Government Relations Team to work with the Equal Justice Coalition to lobby at the state Legislature for federal funds allocated at the state level. The Wisconsin Trust Account Foundation and the State Bar's pro bono program worked closely with the effort. The 1999-2001 Biennial Budget Bill included $100,000 per year for civil legal services for low-income residents.

Board of Attorneys Professional Responsibility. The Board of Attorneys Professional Responsibility (BAPR) was a topic of much discussion in FY 99. At the end of the fiscal year, the State Bar's BAPR Study Committee made recommendations for improving the current system. The recommendations were unanimously approved by the board and sent to the Wisconsin Supreme Court for consideration. The supreme court asked a team from the ABA to perform an outside evaluation of the current disciplinary system. The Bar has the opportunity to work with BAPR, the public, and the supreme court to improve the current system of lawyer discipline in the coming year.

Long-range planning

The State Bar continues to take the pulse of its professional and financial health with its strategic planning and long-range financial planning efforts. What began in FY 98 as multi-year budgeting evolved into a long-range financial planning process during FY 99. This process calls on staff and leadership to focus on a 36-month calendar while considering the Bar's financial future. The goal of the process is to identify a clear direction for the association over a three-year period and to maintain greater consistency in an ever-changing association environment.

After considerable debate, the Board of Governors approved a long-range financial plan to take the Bar through the year 2002. Included in the plan was a $35 dues increase, effective July 1, 1999. FY 00 has been identified as the target year for merging the long-range financial plan with the State Bar's strategic planning activities, which began under Project Vision in FY 98.

A Look Ahead

As one fiscal year ends and FY 00 begins, the State Bar is faced with several new challenges. Following is a handful of issues that the Bar will work on under the leadership of President Leonard Loeb and President-elect Gary Bakke.

• The Board of Governors will be charged with hiring a new executive director to oversee Bar staff and the affairs of the association. A search committee will conduct a nationwide search, with the goal of filling this position by January 2000.
  
  
• A new Multidisciplinary Practice Commission was formed to study the issues surrounding partnerships of lawyers and practitioners of other disciplines who work together to solve client problems. Rules of professional conduct currently prohibit lawyers from sharing fees with nonlawyers. The commission will study the issue and develop a recommendation for the board by the end of FY 00.
  
  
• State Bar CLE is working to develop a plan for hands-on computer training courses for members. This initiative grew from the State Bar's 1998 Technology Survey in which 56 percent of the respondents said that hands-on training in computer and software skills would help them in their practice. The primary hands-on training need identified by respondents was learning how to conduct legal research on the Internet.
  
  
• A statewide public service campaign is underway to educate people about the need for advanced medical directives. With the help of the local and specialty bars and community agencies, a Life Planning Initiative in May 2000 will promote the idea of advanced care planning.