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Vol. 71, No.
5, May 1998
News Briefs
Governor proclaims May 29 Paralegal Day
In honor of the 20th anniversary of the Paralegal Association of Wisconsin
Inc., Gov. Thompson has declared May 29 as Paralegal Day statewide.
The Paralegal Association of Wisconsin Inc. (PAW) was established in
April 1978 and now includes chapters in Milwaukee, Madison, Racine/Kenosha,
and the Fox Valley. The association's 370-plus members represent law firms,
corporations, banks, insurance companies, and governmental agencies.
In his proclamation, Thompson commends PAW on its work in educating the
bench, bar, and public about the paralegal profession, including the publication
of the manual "Effective Utilization of Paralegals."
"Fighting Bob," a sesquicentennial event
"Fighting Bob," an original musical biography of Robert M.
LaFollette Sr., will be presented by the Madison Theatre Guild in the West
High School auditorium, June 12, 13, 14, 19, and 20. (Bob LaFollette was
born on June 14, 1855.) John Schweitzer, a Madison attorney and playwright,
is writing the original book and lyrics, with music by McFarland composer
Taras Nahirniak. For more information, call Madison Theatre Guild, (608)
238-9322.
Circuit court presents federal
criminal appellate practice seminar
With the growing number of court-appointed attorneys in criminal appeals,
the Seventh Circuit Court of Appeals needs a large pool of attorneys knowledgeable
in criminal law and appellate procedure and willing to devote the necessary
time to an appeal. To address this growing need, the Seventh Circuit Court
of Appeals hosts seminars this spring in Milwaukee, Chicago, and Indianapolis.
The seminar, "Federal Criminal Appellate Practice for the Court-Appointed
Attorney," is designed for attorneys to learn more about representing
indigent defendants in criminal appeals, in the hope that they will accept
future appellate appointments in criminal cases. This free seminar features
presentations by circuit court judges, court personnel, and experienced
practitioners.
Seminar topics include: appointment and payment under the Criminal Justice
Act, procedures in the Seventh Circuit, motions, reviewing the record and
preparing your appeal, pre-trial and trial substantive issues, sentencing
guidelines and the appeal, duties of counsel, client relations, writing
an Anders brief, and effective written and oral presentations. The day-long
seminar ends with a reception for attendees and presenters.
The Milwaukee seminar takes place on June 2 at Marquette University Law
School. To register, or for more information, contact Donald J. Wall, Counsel
to the Circuit Executive, U.S. Court of Appeals for the Seventh District,
at (312) 435-5805.
Milwaukee ranked one of
10 best cities for young attorneys
Milwaukee is one of the top 10 cities for young lawyers, according to
an upcoming issue of The Associate, a new magazine aimed at private
practice attorneys in their first seven years of practice.
In determining the ranking, publisher Jack Crittenden says, "We
considered base salary, average hours worked, the crime rate, housing costs,
and other factors."
The top 10 cities for young lawyers as ranked by The Associate,
are, in order: Houston, Cleveland, Pittsburgh, Los Angeles, Chicago, San
Diego, Minneapolis, Milwaukee, St. Louis, and Dallas.
"It was a big surprise to find Houston, Cleveland, and Pittsburgh
placing first, second, and third," says Crittenden. "Those just
aren't the cities that pop immediately to mind."
The Associate is National Jurist Publishing's newest magazine.
The article on the best cities for young lawyers appears in the May/June
issue. For more information, visit the National
Jurist Publishing Web site.
State Law Library material
now available to all Bar members
To better serve State Bar members, the State Law Library now is circulating
materials to member attorneys across the country. Previously, materials
were loaned only to those within an hour's drive of the library.
"That rule was originally established because supreme court justices
wanted to receive any information they requested within an hour," says
Connie Von Der Heide, State Law Library reference/outreach services librarian.
"With today's technology, there are several ways for justices to get
information they need quickly and for the library to serve more people
by extending the availability of its material to attorneys everywhere."
Attorneys can request items either by phone at (608) 266-1600, toll free
at (800) 322-9755, or by fax at (608) 267-2319. If an item is in circulation,
it is mailed to the attorney along with an invoice of $2 per item. If the
material cannot be circulated, the library will photocopy the information
and fax or mail it to the attorney for a flat fee of $3, plus 75 cents per
page. Circulated material must be returned to the library in three weeks.
A Web site featuring the entire State Law Library catalog is in the works.
The address of the library and a listing of its services also can be found
at the Wisconsin Court System's
Web site. The library's catalog can be accessed via its electronic bulletin
board service. You can dial into the bulletin board via computer modem at
(608) 267-2055.
Practice alert
New wrongful death caps bill signed,
civil procedure change signed
Last month, Gov. Thompson signed several bills into law. They include
Senate
Bill 148, now 1997
Wis. Act 89, which amends Wisconsin Statute section 895.04 (04) by increasing
the cap for loss of society and companionship in wrongful death cases from
$150,000 to $500,000 in the case of a deceased minor and from $150,000 to
$350,000 in the case of a deceased adult. In addition, the legislation allows
a minor sibling to bring a cause of action. The act became effective on
April 28; the new limits apply to claims filed on or after that date.
Assembly
Bill 671, now 1997
Wis. Act 187, increases the time allowed to serve a summons and complaint
and a responsive pleading. Under the bill, the time allowed to serve a summons
and complaint increases from 60 to 90 days after filing, and the time allowed
to answer the complaint is increased to 45 days. The new limits first apply
to actions commenced on or after May 12, 1998.
Other bills signed into law include SB
423 (Act
79), nonstock corporation Chapter 181 rewrite; AB
266 (Act
80), CHIPS trailer bill Chapter 48; SB
330 (Act
83), probate filing fee; SB
470 (Act
84), operating after revocation/suspension; AB
600 (Act
104), various adoption law changes; and AB
602 (Act
105), a long-term kinship care program for adoptive parents. For copies
of this legislation contact Maria Parker
at the State Bar at (608) 250-6044. Copies of acts also are available online.
Please also see "At Issue" of this issue
for more information on recently passed legislation.
To view the Acts, you will need Adobe Acrobat Reader. Go to the WisBar Toolbox if you do not have Acrobat
installed!
Survey examines law firms' billing,
collection, administrative policies
A recent survey by the Law Firm Services Association (LFSA) examined
the billing, collection, and administrative support policies of 114 law
firms of various sizes nationwide. Fourteen percent of respondent firms
had five or fewer attorneys; 43 percent six to 10 attorneys; 26 percent
11 to 20 attorneys; 13 percent 21 to 40 attorneys; and 4 percent
had more than 40 attorneys.
Billing
Respondents were asked how much of their firm's revenue was derived from
hourly billing.
More than half (54 percent) stated that 76 to 99 percent of their revenue
is derived from hourly billing, while 6 percent replied that hourly billing
accounted for less than 33 percent of their revenue. While hourly billing
is still the most predominant billing method, most firms also use other
methods, since only 10 percent responded that hourly billing accounted for
100 percent of their income.
Seventy-one percent of firms that use hourly billing indicated that they
set their hourly rates based solely on rates in the marketplace or in combination
with other factors, such as historical factors. Only 9 percent based their
rates on the perceived value of the work; another 9 percent used "some
other formula." Fifty-seven percent of respondents reported that individual
attorneys have different hourly rates for different types of engagements.
The survey found that 39 percent of the respondents require partners
and/or shareholders to submit bills for approval before they are mailed
to clients. In 51 percent of these firms, bills are approved by a managing
partner, in 21 percent by a billing partner, and in 12 percent by the executive
committee. A billing committee reviews the bills in 9 percent of the responding
firms.
Collections
The survey also revealed that 78 percent of the firms had an employee
responsible for collections, and that employee made collection calls 92
percent of the time.
In 62 percent of respondent law firms, partners make collection calls
instead of, or in addition to, other employees. Most calls by partners were
made when payment was more than 120 days past due.
When asked whether their firm had ever hired a collection agency, 10
percent reported they had; 82 percent of those respondents would use an
agency again. Forty percent of the firms have sued a client for nonpayment,
and 90 percent of them would again.
Very few firms (5 percent) charge interest on all late accounts. Most,
72 percent, never charge interest, while the remainder only charge interest
on seriously delinquent accounts.
Late fees fared roughly the same as interest: 79 percent of respondents
never impose late fees, 3 percent impose them on all accounts, and 19 percent
only on seriously delinquent accounts.
Administration
Regarding administrative support policies and practices, nearly half
(41 percent) of the respondent firms report one support person per attorney;
26 percent reported two support people per attorney; and 24 percent reported
one support person for every two attorneys. Only 4 percent reported having
fewer than one support person for every two attorneys.
Most respondents (68 percent) also indicated that the ratio was approximately
the same as it was three years ago. Of the firms that did report an increase
in ratio (more support personnel per attorney), 88 percent attributed that
change to firm growth, and 8 percent to increased business volume. Firms
that reported a decreased ratio attributed the decrease to increased use
of computers (60 percent), a desire to decrease overhead (50 percent), and
decreased firm size (30 percent).
The survey also explored policies on overtime pay for paralegals and
other nonattorney employees. Every firm with more than 20 attorneys paid
overtime to paralegals, and 67 percent of all respondents paid overtime
to paralegals. However, paying overtime often depended on whether firms
considered paralegals exempt or non-exempt employees.
Finally, most respondents (57 percent) that pay overtime to any employees
pay for hours worked over 40 per week. Other firms (24 percent) pay for
hours worked over eight per day; 15 percent based overtime on a different
work-week measurement (for example, a 35-hour work week); and 4 percent
use some other measurement.
LFSA is a nationwide association of CPA firms serving law firms with
accounting, tax, and business consulting services.
For a copy of the survey, call LFSA at (800) 869-0491.
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