Mandatory pro bono reporting proposal fails
March 21, 2003
On March 21, the Board of Governors opposed a resolution proposed by
the Legal Assistance Committee (LAC) to file a petition to the Wisconsin
Supreme Court to adopt a rule requiring Wisconsin lawyers to report pro
bono legal services they provide to persons of limited means on their
annual dues statements for a period of four years.
"This is not an ethical issue, it is an issue of profession," Earl
Munson, LAC committee member told the board. "I look at this Bar as an
organization in which we are setting professional standards. This is the
first step in fixing a legal assistance program that is broken. We are
in a tough position. Many attorneys are offended, because they already
do pro bono work. But as a profession we are falling behind, and the
only way we are going to find out how far behind we are is to ask who is
doing what."
Gov. Mary Triggiano told the board about a pro bono effort in Indiana
that reorganizes and reinvigorates pro bono from a grassroots level that
could provide a model for Wisconsin. "We envision organizing pro bono in
the 10 judicial districts and having a district committee in each
district, which is lead by a judge or judges," said Triggiano. "They
will spell out what that district is going to do in terms of pro bono.
The model also asks the supreme court to create a pro bono commission to
oversee the districts and gather information about what each district is
doing. This puts the onus on district committees rather than on the
individual lawyer, The district committees share the information so that
if one district has a wonderful pilot project it can share it with
others. This reporting mechanism will enable us to duplicate projects
that will be meaningful for our clients. It is going to take a lot of
effort."
While Munson agrees the Indiana program is a good model, he pointed
out that it takes a lot of judicial effort to organize this type of
program; it will take three to four years to put together.
"My firm takes the 3 percent challenge year after year from the ABA
and fulfills it," said Gov. Busch "However, I am opposed to mandatory
reporting. Our state bar and court system should take a long, hard look
at how we treat pro bono in this state and how it is treated in other
states. I would like to see a concerted voluntary approach at every
level before we move to a mandatory obligation."
Past President Gerry Mowris agreed with Gov. Busch, "I feel very
strongly that pro bono legal service is an important part of a lawyer's
obligation and a lawyer's role in society. I am opposed to mandatory
reporting; however, as I am not positive it would have the effect we
want. We have people statewide that are not getting the legal services
they need. We can all give our 25 hours a year and there will still be a
tremendous need."
