Vol. 73, No. 11, November 2000

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

Annual Report

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.