Vol. 74, No. 8, August 2001

Page 1: 2001 Annual Report

Research

Research on the legal profession took many shapes at the Bar during FY01, including querying members about the image of the profession, conducting public focus groups about trust and confidence in the justice system, and surveying members about the economics of practicing law. In addition, the Bar conducts an ongoing assessment of its products and services, including conducting a member needs assessment every three years, mailing 60-second surveys and holding focus groups to generate input on specific CLE seminars and books, and mailing product/order feedback cards with each product shipment.

Public Image of the Profession. In surveys, focus groups, and roundtable discussions, members have asked the State Bar to "do more" to enhance the image of the profession. As a result, in FY01 the State Bar embarked on a long-range image campaign that involves developing positive public messages about the legal profession. The State Bar reviewed national research, conducted statewide public phone surveys, and organized focus groups with members in Madison, Milwaukee, and La Crosse to collect substantial data on the image of the profession. In FY02, the State Bar will work with a member oversight committee to formulate positive messages about the profession to enhance our existing public relations efforts. The campaign - an ongoing initiative dedicated to enhancing the image of lawyers by increasing the public's understanding of the profession - will help focus all of our external communications around a central theme.

Public Trust and Confidence. The Public Trust & Confidence Committee - a partnership of the State Bar, the Office of the Chief Justice, the Director of State Courts, and the Wisconsin League of Women Voters - issued an action plan in FY01 outlining strategies to improve the justice system and promote public trust. The action plan shapes existing efforts of the State Bar, the courts, law enforcement agencies, and community groups. The committee recommended five actions: provide equal treatment in the justice system; encourage judicial/attorney involvement in the community; enhance satisfaction with the juvenile justice system; increase empathy in the justice system; and improve the selection and treatment of jurors.

This committee reviewed the wealth of national and local research concerning issues of public trust and confidence. Using this research and the committee members' personal experience with Wisconsin's justice system, the committee developed a list of issues that create barriers to public trust and confidence.

In addition, the committee hosted five statewide focus groups, soliciting input from three groups of individuals who had recent encounters with the system (former offenders and their families, civil litigants, and jurors) and two groups comprised of randomly selected people.

The State Bar supports bringing together leaders of the judiciary, the legal profession, law enforcement, local government, and community groups to discuss the plan's implementation. Planning will get underway in fall 2001.

Economics of Practice Survey. At the end of FY01, the State Bar developed its third Economics of Law Practice Survey, a direct result of the hundreds of inquiries received annually from members for up-to-date information on law firm economics. The survey results, available this fall, assist lawyers in measuring their ability to provide cost-effective legal services and gathering information to react to the public's perception about attorney income and overhead. The survey covers law firm economic issues such as: billing practices, time spent on billable and nonbillable activities, attorney hourly rates, overhead expenses, and salary information for associates, legal assistants, and legal secretaries.

Knowledge Exchange

The State Bar, as directed by the Wisconsin Supreme Court, provides a forum for exchanging information about the legal profession. The State Bar accomplishes this by hosting hundreds of seminars and meetings annually, organizing an annual gathering of the members, creating committees to address contemporary issues such as enhancing diversity, and producing a host of legal publications, including a monthly magazine that features cutting-edge legal issues and trends. The State Bar also uses its Internet site, WisBar, in a variety of ways to facilitate communication between members. Thousands of members participate in electronic mailing lists on topics specific to their interests.

Convention. More than 700 members attended the CLE programs and social functions at the 2001 State Bar Annual Convention in Lake Geneva in May, where Madison attorney Gerry Mowris was sworn in as the 46th State Bar president.

"Lawyers don't have a great public image," said Mowris. "We need to get back the public trust and confidence so we can effectively do the job of the third branch of government. I am committed to working with the courts and the public toward improving that trust and confidence. We need to educate the public about what we do." Mowris also vowed to support efforts begun by Gary Bakke and the Executive Committee under the Seize the Future initiative. A highlight of the convention was the presidential showcase program on DNA evidence and the broader issue of problems in our justice system, sponsored by the Individual Rights & Responsibilities and Criminal Law sections. Nationally acclaimed DNA evidence expert Peter Neufeld, coauthor of Actual Innocence, led a panel discussion on the growing recognition that persons charged with crimes, whether pretrial or post-conviction, should have access to available scientific and forensic tools to determine innocence.

Committees, Sections, Divisions. Members exchange information to improve the practice of law and their personal lives through the work of 25 sections, three divisions, and 36 committees. As only one example of the diversity of the work these groups undertake, the Professionalism Committee took on the task of identifying the profession's core values, which will be used as a basis for future discussions on multidisciplinary practice, multijurisdictional practice, and other future of the profession topics. The committee identified three core values unique to the legal profession: respect for the rule of law, maintenance and advancement of the integrity of the legal system, and ethical representation of and service to clients.

Assistant District Attorney Derek Mosley acted out a sentencing hearing based on an actual case involving homicide by intoxicated use of a motor vehicle as part of the third annual Courts and the Media seminar in Milwaukee.

Reporters sentenced a defendant based solely upon a news story about an actual case involving homicide by a motor vehicle while intoxicated. Then a group of judges and attorneys acted out a sentencing hearing based upon the information presented in the presentence report and the actual hearing. Reporters' sentences were far more lenient after knowing all the facts. Media representatives shared their sentences with the judges, who suggested headlines based on the sentences.

Diversity Initiatives. One of the great outcomes of members volunteering time and sharing expertise is the development of successful programs aimed at diversifying the profession to better reflect society. One of the most successful of these efforts is the summer minority clerkship program. In FY01, 21 first-year law students from Marquette University Law School and the U.W. Law School were placed in law firms, corporate legal departments, and government agencies for 10 to 12 weeks. The program offers a rare opportunity to develop real-world legal experience after only one year of law school course work.

Now in its eighth year, the Committee to Encourage the Placement of Minority Lawyers, which coordinates the clerkship program, has given more than 100 students practical exposure to legal environments, while enabling participating employers to promote diversity in their organizations.

Electronic Communication. In response to the growing use of technology to disseminate information and facilitate communication, the State Bar manages nearly 60 electronic mailing lists to support the work of various entities and encourage lawyer-to-lawyer dialog. Email list subscribers send or receive information or advice on matters of common interest. More than 3,300 members subscribe to CaseLaw Express, a popular free service that emails weekly Wisconsin Supreme Court and Court of Appeals decisions. Other special interest groups, like the Solo and Small Firm Committee and the Family Law Section, sponsor lists for attorneys working in smaller firms or environments, or practicing family law. Questions unique to these groups are quickly answered.

Wisconsin Supreme Court. The State Bar plays an important role in advising the courts on issues affecting the practice of law, from changes to the lawyer regulation system to initiatives for improving the delivery of services to the public. As one example, the State Bar testified at a public hearing on a petition to create a mandatory fee arbitration system for lawyer-client fee disputes, which was opposed by the Board of Governors. The court called for a study on the need for mandatory fee arbitration in Wisconsin.

Page 3: Advocacy