Comments of the State Bar of Wisconsin on Bar Admission and "Safe Harbor" Proposals Before the Commission - Center for Professional Responsibility

MEMORANDUM

To: American Bar Association Commission on Multijurisdictional Practice
Wayne J. Positan, Chair

From: George C. Brown, Executive Director

Date: July 19, 2001

Re: Comments of the State Bar of Wisconsin on Bar Admission and "Safe Harbor" Proposals Before the Commission

The State Bar of Wisconsin Board of Governors adopted the following positions on matters before the Commission on Multijurisdictional Practice and directed me to forward these positions to the Commission. State Bar President Gerald Mowris is scheduled to testify on these issues before the Commission at its public hearing on Friday, August 3, 2001.

Proposed Model Motion Admission Rule Endorsed in Principal Subject to Amendment

At its May 2001 meeting, the State Bar of Wisconsin Board of Governors endorsed in principal the Proposed Model Motion Admission Rule adopted by the Bar Admissions Committee of the ABA Section of Legal Education and Admissions to the Bar on October 28, 2000 and presented to the Commission.

However, the State Bar of Wisconsin Board of Governors remains concerned that the proposed model rule refers solely to admission by bar examination and by achieving a passing score on the Multistate Professional Responsibility Examination and does not provide reciprocal credit for Wisconsin’s diploma privilege. Thus, the State Bar of Wisconsin Board of Governors’ endorsement of the proposed model rule is subject to passage of an amendment that would allow those who have been admitted to practice via the diploma avail themselves of this provision.

Ethics 2000 Model Rule 5.5 Endorsed in Principal

At its May 2001 meeting, the State Bar of Wisconsin Board of Governors endorsed in principal the American Bar Association Center for Professional Responsibility’s efforts and preliminary proposal for "safe harbor" amendments to Model Rule 5.5 as stated in its Report of the Commission on Evaluation of the Rules of Professional Conduct in November 2000.

Please contact me at 608/250-6101 or gbrown@wisbar.org if you have any questions.


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