2000 Annual Report
Fiscal Year July 1, 1999 - June 30, 2000
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.
Wisconsin Lawyer