Wisconsin Lawyer
Vol. 76, No. 11, November
2003
Profile of Respondents
Of the 832 respondents who turned in usable questionnaires:
- 71 percent identified themselves as lawyers practicing in Wisconsin,
and 22 percent as judges. Most of the remainder identified themselves as
court commissioners.
- 31 percent work in Milwaukee County and 22 percent in Dane County.
The remainder are from other counties, including 7 percent from Waukesha
County, 3 percent from Marathon County, and 3 percent from Brown
County.
- Law school graduation dates broke down as follows: 13 percent in
1940 to 1968, 26 percent in 1969 to 1976, 25 percent in 1977 to 1984,
and 35 percent in 1985 to 2003. The median year of graduation was
1980.
- 72 percent graduated from a Wisconsin law school.
- Age-group breakdowns were as follows: 5 percent are under 30, 16
percent are 30 to 39, 26 percent are 40 to 49, 36 percent are 50 to 59,
14 percent are 60 to 69, and 3 percent are over 69.
- 77.5 percent are male and 22.5 percent are female.
Key Findings of the 2003 Bench and Bar
Survey
Survey respondents were asked the degree to which they agreed or
disagreed with the following statements. Respondents could choose from
three levels of "disagree" and three levels of "agree." For purposes of
these findings, all levels of disagree and all levels of agree are
combined, resulting in the percentages shown below.
1. A mandatory prerequisite for obtaining a license to practice law
in Wisconsin (other than reciprocity) should be at least one semester's
(or equivalent) clerkship/internship with a court or attorney's office
(public or private) in Wisconsin. - 56 percent disagreed to some
extent
2. Wisconsin should abandon the diploma privilege and require the
taking of a bar exam by all new lawyers. - 63 percent disagreed to some
extent
3. The civil discovery process is abused. - 72 percent agreed to some
extent
4. Wisconsin should standardize local rules of civil procedure as far
as possible. - 88 percent agreed to some extent
5. Wisconsin should allow electronic filing of all documents,
including Summons and Complaints. - 72 percent agreed to some extent
6. Mandatory CLE for lawyers should include at least one hour on the
civility rules, SCR 62.02. - 65 percent agreed to some extent
7. Mandatory judicial education should include at least one hour on
the civility rules, SCR 62.02. - 75 percent agreed to some extent
8. The rules of appellate procedure for Wisconsin cases are too
complex and the process too time consuming. - 66 percent agreed to some
extent
9. The procedures in the Wisconsin Statutes for making claims against
governmental entities need to be simplified and made more user friendly.
- 83 percent agreed to some extent
10. Contractually mandated arbitration is a fair, efficient, and
inexpensive method to provide justice for the average person. - 52
percent agreed to some extent
11. Incivility in the profession adds significant stress to my role
as lawyer/judge. - 71 percent agreed to some extent
12. The practice of law is not as economically rewarding as it used
to be. - 89 percent agreed
13. The increasingly complex nature, breadth, and specialization of
the law make it harder to keep up every year. - 83 percent agreed to
some extent
14. There are too many lawyers in practice today for the work to be
done. - 52 percent agreed to some extent
15. I feel that my practice does not have much impact or importance
beyond the task I am conducting. - 67 percent disagreed to some
extent
16. Lawyers must practice much more "defensively" than in the past
and this adds stress. - 90 percent agreed to some extent
17. I can't economically serve the clients that need my services. -
64 percent agreed to some extent
18. If you believe that the practice of law or being a judge is
increasingly stressful, please list the causes for the increased stress.
- Most respondents feel the practice of law or being a judge is
increasingly stressful, and they listed a variety of causes for this
increased stress, including incivility in the profession, increased
workload, time demands, client demands/expectations, and economics of
the practice.
19. Wisconsin should mandate the use of mandatory interrogatories and
other mandatory disclosures upon filing of a suit much like those
required by the Federal Rules of Civil Procedure. - 54 percent agreed to
some extent
20. Are you aware that Wis. Stat. section 807.05, and case law,
renders unenforceable an oral agreement or stipulation made by opposing
counsel on the record at a deposition? - 26 percent are aware
21. Assuming that Wis. Stat. section 807.05 and case law works as
described above, would you favor an amendment to that statute that, at a
minimum, makes binding any agreement or stipulation between counsel or
(by a party) at a deposition, provided it is recorded by a court
reporter or on videotape? - 88 percent of those who had an opinion favor
such an amendment
22. Mandatory CLE has improved the professionalism and competence of
Wisconsin lawyers and judges. - 72 percent agreed to some extent
23. The current system of campaign financing for judicial elections
is acceptable. - 72 percent disagreed to some extent
24. Lawyers should not be constrained in discussing civil cases with
the press if their client consents. - 50 percent agreed and 50 percent
disagreed to some extent
25. If you were able to immediately change one thing in your practice
(attorneys) or in the judicial process (judges), what would it be? -
Respondents provided a range of comments, including many of the same
issues related to increased stress. They also made comments pertaining
to court rules and laws in general.
Wisconsin
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