Court denies petition, calls for study of
mandatory fee arbitration
At its March 13 hearing, the Wisconsin Supreme Court voted
unanimously to deny a petition submitted by Gerald C. Sternberg to
create a mandatory fee arbitration system in Wisconsin and to authorize
a comprehensive study of the issue.
Sternberg said that a mandatory fee arbitration system would help
improve the public image of the legal system and would level the playing
field for attorneys and clients involved in a fee dispute. He said that
clients want to avoid the court process, if possible, and would benefit
from mandatory arbitration.
State Bar President-elect Gerald Mowris told the court that the Board
of Governors unanimously opposed the petition but supported the study of
mandatory fee arbitration in specific cases. Mowris said that if the
court determines that there is a demonstrated need, the State Bar would
like to be involved in designing a workable solution.
"Sternberg's proposal permits the participants to 'go through the
motions' of arbitration while having no intention of accepting the
outcome," said Mowris. "The provisions permitting either party to the
arbitration to decline to be bound by the arbitrator's decision coupled
with the option of seeking a de novo hearing in civil court effectively
defeat the purpose of the proposal. If a client is already unhappy with
a bill, how much more unhappy would the client be when after taking time
to participate in 'arbitration' the client finds him or herself in a
civil action?" added Mowris.
In the open conference following the hearing, Justice Patrick Crooks
said that the court's decision to study mandatory fee arbitration is not
a criticism of what current volunteers - lawyers and public members -
are doing. Justice Jon Wilcox agreed. "Things are working, and if there
is a glitch, we'll find it and fix it," he said.
The justices authorized the appointment of a study committee by June
30, 2001.
Practice Tips: IRS develops Power of
Attorney information database
A universally accessible database allows instant access to taxpayer
Power of Attorney information from any IRS service center, regardless of
where the Power of Attorney form was filed.
Previously, taxpayers mailed or faxed their Power of Attorney forms
to the service center at which they filed their income tax return. The
database into which that information was entered was not accessible to
IRS employees at other locations, creating delays for taxpayers who may
have moved.
The database eliminates the need to ship paper documents between
locations or to request faxes or mailings from taxpayers or their
representatives. Taxpayers or their representatives may fax their signed
Form 2848 (Power of Attorney) or Form 8821 (Tax Information
Authorization) directly to the Centralized Authorization File Unit,
located in the service center to which they send their tax returns. Each
service center will enter forms into the universal database.
The fax number for Wisconsin's service center, located in Kansas
City, is (816) 823-2076.
Information on foreign language media
sought
The supreme court's Committee to Improve Interpreting in the
Wisconsin Courts is seeking to identify information on foreign language
newspapers that circulate to Wisconsin residents. The committee also
would like information on foreign language television and radio shows,
Web sites, student newspapers, and newsletters.
The committee will recommend ways to improve the quality and
availability of court interpreters of Wisconsin's state and municipal
courts. As part of that mission, the committee wants to increase
opportunities for interpreter training and recruitment. The foreign
language media list will help reach a greater pool of people statewide
interested court interpreter training. Send information on foreign
language media to Marcia Vandercook at (608) 267-7335 or
marcia.vandercook@courts.state.wi.us.
Milwaukee County Courthouse unveils waiting
room for victims
A new Victim Waiting Room offers a safe, comfortable environment
where victims of domestic violence can wait until their cases are called
in court. Until now, victims had to sit near the accused batterer while
waiting sometimes several hours for the case to be called.
The project is supported by the Milwaukee County Judicial Oversight
Initiative, which the Milwaukee County Circuit Court developed in 1999
upon receiving nearly $2 million in federal grant funds to improve
services to victims and treatment for offenders in domestic violence
cases. The grant has allowed for the addition of emergency personal
advocates for victims, who assist victims in finding emergency housing,
transportation, and childcare.
Wisconsin Lawyer
