Volume 70 Number 11 December 2010
The many faces of mock trial
ALSO IN THIS ISSUE
Great Rivers Bar Conference • Disciplinary actions • Juror questions update • Dabbling can lead to trouble •
Volume 70 Number 11 December 2010 Published at 625 East Court Des Moines, Iowa 50309 Steve Boeckman, Editor 515-697-7869
President’s Letter: New challenges ahead – Carroll............................................ 4 Admission on motion........................................ 5 Mock Trial: Regis Catholic new state champion.............................................. 6
THE IOWA STATE BAR ASSOCIATION OFFICERS 2010-2011 President, Frank J. Carroll President-Elect, Robert VP Waterman, Jr. Vice President, Cynthia C. Moser Immediate Past President, Jane V. Lorentzen Executive Director, Dwight Dinkla The Iowa Lawyer
(ISSN 1052-5327) is published monthly except for the July-August issue by The Iowa State Bar Association, 625 East Court, Des Moines, Iowa 50309. Subscription included in membership fee. Non-members, $30 per year. Periodicals postage paid at Des Moines, Iowa.
Update on jurors asking questions during trial..................................................... 9 Tapping into other states’ experiences to benefit Iowa – Waterman..................... 10
YLD president: Communication, organization & accountability – Bidwell . .................................................. 19 Thank you to these volunteer speakers........ 20 Obituaries........................................................ 25 Photo & Caption: Supporting the troops........ 25 Disciplinary actions........................................ 26
Family Law Intake Program restores hope for single mom – Kringlen............... 13
Malpractice insurance tip: Dabbling in unfamiliar areas not good idea – Whitney.................................. 14
How to contact your ISBA staff...................... 30
Postmaster: Send address changes to The Iowa Lawyer, 625 East Court, Des Moines, IA 50309.
Volume 70 Number 11 December 2010
The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave., Des Moines, IA 50322. Telephone (515) 270-0402. Art Director: Melissa Thompson Classified Advertising Qualifying ISBA members – 2 months free; $75 thereafter Non-members – $110 for 100 words per insertion. See classified section for details.
The many faces of mock trial
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CLE opportunities........................................... 15
ALSO IN THIS ISSUE • • • •
Great Rivers Bar Con erence Disc p inary actions Juror quest ons update Dabb ing can lead to trouble
Classified ads................................................. 28
About the cover
Watching a mock trial competition is a fascinating study of faces. Attorneys on both teams alternately smile, furrow their brows in concentration or listen quietly as a witness speaks. Witnesses take on the mannerisms of the characters they play — sometimes bristling at an attorney question, sometimes taking on a superior air, especially if they are testifying as an expert, sometimes nearly breaking down in tears. Such was the case with the attorneys and witnesses on this month’s cover. They participated in the final round of the 2010 Middle School Mock Trial State Tournament held late last month. Read more about that final round starting on page 6.
Iowa State Bar Association Board of Governors Officers:
Frank J. Carroll, President Des Moines, 515-288-2500 Robert VP Waterman, Jr., President- Elect Davenport, 563-324-3246 Cynthia C. Moser, Vice President Sioux City, 712-255-8838 Dwight Dinkla, Secretary Des Moines 515-697-7867 Jane V. Lorentzen, Immediate Past President Des Moines 515-244-0111 District 1A Stephen Belay Brendan Quann
District 1B David Roth Beth Hansen
Waterloo Cedar Falls
District 2A Scott Brown Karl Nelson
Mason City Shell Rock
District 2B Thomas Cahill John Jordan Lynn Wiese
Nevada Boone Iowa Falls
515-382-6571 515-432-4510 641-648-4261
District 3A John Brown Joseph Feller
District 3B Daniel Hartnett Patrick Murphy
District 4 Dean Jennings Council Bluffs Margaret Johnson Thurman
District 7 Alan Bohanan Jerry Van Scoy Michael P. Byrne
Iowa City Clinton Davenport
319-351-5335 563-242-2827 563-333-6627
District 5B Arnold (Skip) Kenyon Creston
District 8A Richard Gaumer Allan Orsborn
District 8B Artemio (Mio) Santiago Fort Madison
Sioux City LeMars
District 5C John Bouslog Urbandale 515-288-5000 Scott Brennan West Des Moines 515-246-7977 Susan Ekstrom Des Moines 515-243-6395 Jennifer Gerrish-Lampe W. Des Moines 515-281-8344 Emily Gould Chafa Des Moines 515-281-3875 Mark Godwin Des Moines 515-283-4130 Mark Hansing Des Moines 515-288-3667 Alice Helle Des Moines 515-242-2400 Edward Johnson Des Moines 515-246-5835 Lora McCollom Clive 515-327-1222 Eric Turner West Des Moines 515-245-9509 District 6 Nancy Burk Allison Heffern Randall Rings Frank Santiago Bruce Walker
Toledo Cedar Rapids Cedar Rapids Iowa City Iowa City
641-484-2394 319-366-7641 319-573-7627 319-339-4218 319-354-1104
Iowa Judges Association Representative: Honorable Nancy Tabor Immediate Past President I.J.A. Legislative Counsel: James Carney Des Moines
ABA Delegates: David L. Brown Alan Olson Diane Kutzko
515-244-2141 515-271-9100 319-365-9461
Des Moines Des Moines Cedar Rapids
YLD Officers: Eric Bidwell, President Marshalltown 641-752-7757 Jennifer Zahradnik, President-elect Belle Plaine 319-444-3285 Laura Parrish, Secretary Decorah 563-382-4226 Jeana Goosmann, Immediate Past President Sioux City 712-226-4000 the
Iowa Lawyer December 2010 3
The President’s Letter – Frank Carroll
New challenges ahead in aftermath of retention election and retention process. However, raising enough money to have any kind of meaningful effect on public opinion was extremely difficult. Meanwhile, anti-retention groups were able to bring in astounding amounts of out-of-state money. These groups poured hundreds of thousands of dollars into expensive television commercials and other publicity against retention. I was told by several bar leaders who preceded me that every president has at least one issue that becomes a dominating factor in his or her term. Mine — at least so far — has been the retention election of 71 judges and three supreme court justices. We anticipated there might be some groups who would campaign to oust the judges and justices, and Jane Lorentzen and I set up a committee in 2009 to address these potential challenges as a result of the Varnum v. Brien decision. Iowans for Fair and Impartial Courts was established to lead a campaign to educate and inform the public about the benefits of Iowa’s judicial selection
The anti-gay-marriage groups weren’t the only national organizations paying attention to Iowa. Many national newspapers, including the New York Times, the Wall Street Journal, and the Philadelphia Enquirer ran stories or editorials in September and October about our retention elections. In the short term, absolutely nothing was accomplished by the anti-retention movement’s ouster of the justices. The movement’s supporters clearly felt they were speaking out against the supreme court’s decision in Varnum. But defeating the three supreme court justices up for retention did nothing to change Varnum. Gay marriage is just as legal
today as it was on the day of the decision. And the one option on the ballot that would actually have had the best chance of overturning the gay-marriage ruling — the constitutional convention in which the Iowa constitution could have been re-written to outlaw gay marriage — lost resoundingly. Was it really Varnum the organizers of the anti-retention movement were targeting, or was it the judicial system itself? In the long-term, the results of this retention election are not yet known. Particularly of concern however, are how this election will affect the independent and non-partisan judiciary system, and what effect the election will have on the state’s ability to attract attorneys in Iowa to become judges. I cannot adequately express my thanks to Chief Justice Marsha Ternus, and Justices David Baker and Michael Streit for their outstanding service to Iowa. These justices are truly a credit to our state — good, hard-working
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Iowa Lawyer December 2010
people — who were unfortunately caught up in the political agenda of well-funded special interests. Most ISBA members supported the decision of the board of governors to encourage retention of all the justices and judges on the November retention ballot. A minority of members expressed disappointment with that decision. With 8,000 ISBA members, we will seldom be in total agreement on every issue. That’s understandable, provided we continue striving to facilitate the administration of justice and elevate the standards of integrity, honor and courtesy in the legal profession. Contrary to the view of some of the anti-retention supporters, I do not view members of The Iowa State Bar Association as “intellectual snobs and elitists.” These individuals could learn something from my four-year-old grandson, who knows that name-calling and generalizations are not nice. As we survey the aftermath of the retention election, we realize that money is now a huge issue. If Iowans have decided, as some would interpret, that judicial elections should become politicized, where is the money for incumbent judges’ campaigns going to come from? And how will such politicization, and the money that comes with it, affect the Iowa judicial system’s stellar record of impartiality? At the end of the day, if politicized retention votes are the thing of the future, someone will have to find the money for these elections, and will have to work on getting supporters out to vote. But as with all things in life, we must move on from the election and face the new (and continuing) challenges ahead. The most immediate is the selection of the three new supreme court justices. One looming question is what process to follow for the appointment of three supreme court justices at once. Does the nominating committee send the usual three nominees to the governor, or nine?
The ISBA’s Judicial Administration Committee, under the able leadership of Matt McDermott, has already offered to work with the governor and the legislature in addressing legal issues that may arise in the nomination and selection process, as well as any legislative proposals regarding the judicial selection process. Another daunting challenge is the budget shortfall and the effect it will have on the judicial branch in Iowa. Marion Beatty and Allen Fredregill lead the ISBA’s Task Force for Enhanced Delivery of Legal Services Throughout the State of Iowa. This task force is charged with making recommendations to the Iowa Supreme Court about changes that can be made in the judicial branch to increase efficiency and to ensure that justice will not be diminished along with the funding.
ADMISSION ON MOTION The following individuals have applied for admission on motion to the Iowa Bar. Corie J. Tarara, Seton Beck Peters, Minneapolis, Minn.; Rubina S. Khaleel, Katskee, Henatsch, Suing, Omaha, Neb.; Kathryn K. Rowen, Lisbon Falls, Maine; Timothy Hansen, Whitfish Bay, Wisc.; Blair Rosenthal, The AR Group, Greenwood Village, Colo.; Anyone with questions or comments should contact: Dave Ewert at the Office of Professional Regulation, 1111 East Court Avenue, Des Moines, IA 50319; 515-725-8029.
One of the more pleasant challenges will be introducing the ISBA to the state legislature, and the legislature to the Bar. Almost one-third of the members of the incoming state assembly in January will be new. Meeting them, and working with them as the legislative season takes off will be, as always, a paramount part of our work this winter and spring. A fourth challenge is the implementation of the Bar’s legislative agenda, which will be finalized in our December meeting of the Board of Governors, and then closely monitored by Jim Carney and Jenny Tyler, our lobbyists. The ISBA truly is a team of many talented individuals -- all of you included -- who will each be giving their all this year to advance ISBA goals, including most important, the protection and promotion of justice in Iowa. As we enter the holiday season, I encourage you to do as William Shakespeare suggests in The Taming of the Shrew, “…do as adversaries in law, strive mightily, but eat and drink as Friends.”
Iowa Lawyer December 2010 5
Regis Catholic Middle School wins state championship in Middle School Mock Trial competition A team of eighth graders from Regis Catholic Middle School in Cedar Rapids walked away with the top honors in the 2010 Middle School Mock Trial State Tournament Nov. 20. The tournament was held in Des Moines Nov. 18-20. The Regis team defeated a team of seventh and eighth graders from Indian Hills Middle School in Clive to claim the championship. The final round of the two-and-a-half-day competition was held in the Iowa Supreme Court courtroom in the Judicial Branch Building. This is the 12th time in the 26 years veteran coach and Regis history teacher, Jim Efting, has been coaching mock trial that one of his teams has earned the state title. He credits the students’ genuine care for each other and their willingness to work hard together for this year’s accomplishment. He also credits Cedar Rapids trial attorney Tim Semelroth, who assists him
Anne Scherrman, a witness for the defense, points out the Blast Master XL that fired a projectile which allegedly caused the plaintiff to fall down a flight of steps during a baseball game injuring her and preventing her from returning to work. The testimony occurred during the final round of the Middle School Mock Trial State Tournament last month. Anne is a member of the state championship team, Regis Catholic Middle School in Cedar Rapids.
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Iowa Lawyer December 2010
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Iowa Court of Appeals judge, Mary Tabor, watches the questioning of a witness during the Middle School Mock Trial State Tournament finals. Judge Tabor served as the presiding judge for the final round, which saw a team from Regis Catholic Middle School in Cedar Rapids edge out a team from Indian Hills Middle School in Clive for the state championship.
with the coaching, for helping the kids work out the details of a real courtroom trial. Ironically, Semelroth was once one of Efting’s students on mock trial teams. He has been assisting his former coach since 1992 when he began college. This year’s championship team is one of nine Regis middle school teams that Efting and Semelroth coach. Three of those teams, including the state champion, competed in the state tournament. The championship team defeated a team from Taft Middle School in Cedar Rapids in the semifinals to advance to the championship round. This year 176 teams from 110 schools around the state competed in the Middle School Mock Trial program, which is sponsored by The Iowa State Bar Association. Thirty two of those teams made it to the state tournament based on their showings in 10 regional tournaments conducted around the state earlier in November. Each of the 32 teams competed in three rounds of competition, one on Thursday evening and two on Friday, with the final four teams advancing to the semi-finals on Saturday. All teams received the same fictional case in late August. They prepared for the regional competition by practicing as attorneys and witnesses for both the defense and prosecution sides of the case. A coin toss before each competition
determined which role, defense or prosecution, each team played. This year’s case involved an individual who was struck by a projectile fired from a gas-powered launcher as he/she was returning to his/her seat in the ballpark following a visit to the concession stand during the seventh inning stretch. Trophies were presented to the top 10 teams, excluding those in the semifinals, at an awards ceremony the evening of the second day of the tournament. Medals were also given to the students who received outstanding attorney and outstanding witness marks during the preliminary competitions. Other schools in the top 10 included: Johnston Middle School, Johnston, 5th; Indianola Middle School, Indianola, 6th; St. Theresa Catholic School, Des Moines, 7th; JFK Catholic School, Davenport, 8th; Decorah Middle School, Decorah, 9th; and St. Francis of Assisi School, West Des Moines, 10th. Following are the students on the championship team: Michael Abramson, Max Fuhrman, Emma Houser, Allison Jasper, Katie O’Rourke, Anne Scherrman, Kayla Torson, Jack VonKampen and Anna Zittergruen. Coaches were Jim Efting, Tim Semelroth, Chad Von Kampen, Cori Butowski and Emily Anderson. The following students received outstanding attorney and outstanding witness awards:
attorneys clients knowledge experience
Iowa Lawyer December 2010 7
Sydney Bishop, St. Theresa Catholic School, Des Moines; Hannah Clausen, Carroll Middle School (Black); Nathan Cooper, Urbandale Middle School; Katie Eichhorn, Williamsburg Jr. High School; Katie Foley, Indian Hills Middle School, Clive; Marcus Miller, Johnston Middle School (Team Purple); Katie Neumeyer, Regis Catholic Middle School (Red), Cedar Rapids; Liz Riley, Mazzuchelli Catholic Middle School (Team 1), Dubuque; and Matthew Sutija, Pella Middle School.
Michael Abramson, Regis Catholic Middle School, Cedar Rapids; Brad Brue, Harlan Middle School; Meredith Campidilli, Johnston Middle School (Team Gold); Luke Castro, JFK Catholic School, Davenport; Emily Dux, Pella Middle School; Max Fuhrman, Regis Catholic Middle School, Cedar Rapids; Olivia Grubbs, JFK Catholic School (Team White), Davenport; Joe Howard, Indianola Middle School; Cora Lassen, Taft Middle School, Cedar Rapids; Katie Lemons, JFK Catholic School (Team White), Davenport; Gara Lonning, Decorah Middle School; Henry Muhlena, Regis Catholic Middle School (Gold), Cedar Rapids; Marcus Reihman, Williamsburg Jr. High School; Kathryn Paszkiewicz, Johnson Middle School (Team Purple); and Drew Wall, Taft Middle School, Cedar Rapids. Two teams received the Critelli Award â€” an award given to the team, or teams, that displays the greatest degree of civility and professionalism as selected by all of the teams in the tournament. Those teams were Decorah Middle School, and St. Maryâ€™s School in Storm Lake.
Regis Catholic Middle School witness, Anna Zittergruen, points out the section where the plaintiff was seated when she was allegedly hit by a projectile fired from a gas-propelled launcher as she was returning to her seat. Indian Hills attorney, Elsa Klein, (at table) and alternate, Haley Gion, watch in the background.
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Iowa Lawyer December 2010
Jack VonKampen, attorney for the Regis Catholic Middle School team, cross examines a witness during the final round of the 2010 Middle School Mock Trial State Tournament last month. This year 176 teams from 110 schools competed in the Iowa middle school program, the largest such program in the country.
Update on policy of jurors asking questions during trial Last monthâ€™s issue of the Iowa Lawyer magazine included an article entitled, â€œIowa courts should allow jurors to ask questions during trial.â€? The article correctly stated that more than 30 states allow juror questions during trials. It further commented, however, that the practice is not widely accepted nor used in Iowa courts, even though it is allowed in all jurisdictions. After the publication of the November issue, the Iowa Supreme Court decision, Rudolph v. Iowa Methodist Medical Center, 293 N.W. 2d 550 (Iowa 1980) was called to our attention. In Rudolph, the supreme court considered and approved the practice in principle of jurors submitting questions to be asked witnesses. Below is an excerpt from that opinion. The full opinion can be found at the citation above.
counsel. Of course the questions must call for admissible evidence, and trial court discretion must be exercised to prevent abuse of the practice. â€œ11 When jurors manifest a desire to ask questions, the court should direct that the questions be submitted to the court in writing. The court should then conduct a hearing out of the presence of the jury in which objections may
be made. When the court determines that questions are proper and may be asked, the inquiry of the witness should be conducted by the court rather than by counsel, unless counsel agrees to a different procedure. Finally counsel should have the opportunity for additional interrogation of the witness on the subject raised by the questions after the court has asked the jurorâ€™s questions.â€?
â€œ10 D. Permitting jurorâ€™s questions to be asked. We have not previously decided whether jurors may submit questions to be asked witnesses. In jurisdictions where the issue has arisen, courts have generally recognized the of Attorney s discretion h ice C the torneto sallow C oice ic , LLC yProce C LC trialAttorn court such questions Private s Service ri e roces e rivat (citations omitted). c
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Iowa Lawyer December 2010 9
Great Rivers Bar Leaders Conference —
Tapping into the experiences of other states to benefit Iowa By Robert V.P. Waterman, Jr., President-Elect On October 28-29, ISBA President Frank Carroll, Executive Director Dwight Dinkla and I attended the annual meeting of the Great Rivers (Midwest) Bar Leaders Conference, in Miami, Fla. The conference provides a small group forum where bar presidents, presidentselect and executive directors from the member states of Minnesota, Nebraska, Iowa, Indiana, Wisconsin, Ohio, Illinois and Michigan can identify issues facing state bar associations and discuss solutions to those issues. Each state delegation was responsible for leading the discussion on a particular topic, and we left with new ideas for addressing the many common issues facing our respective bars. The following is a summary of the highlights of this two-day meeting:
Pro Se: How far should bar associations go? (Nebraska)
In Nebraska, 55 percent of county court and 45 percent of district court cases involve pro se litigants. The competing interests are increasing access to justice for pro se litigants but avoiding the unauthorized practice of law. In an effort to increase access to justice, Nebraska has made legal forms, a law dictionary and child support guidelines available on the state’s public library website. Five of the seven Legal Aid offices provide clinics for pro se litigants in divorce, child support modification and guardianship. Additionally, the bar office has helped establish pro-bono self-help
centers with volunteer lawyer members at the courthouses in Lancaster, Douglas and Hall Counties. Other steps to increase access to justice by pro se parties include: • A $3.6 million matching grant from the Bill and Melinda Gates Foundation for the Nebraska Library Commission to set up 140 public computer centers across the state to provide court forms to the public. • A 10-credit course prepared by the Judicial Branch Education Commission to provide information on working with pro se litigants for court staff. • An education program produced by the University of Nebraska Law Library to provide education for nonlaw librarians concerning basic and electronic resources that would allow them to better assist pro se litigants. • Utilizing the bar’s UPL Commission to educate librarians and volunteer lawyers on proper usage of legal forms and to provide advisory opinions about UPL rules in an effort to avoid the unauthorized practice of law.
New lawyers: Are there too many and what should bar associations do to help them? (Iowa)
the largest in more than a decade. Yet, hiring of new lawyers is down, student debt load is up and fewer new lawyers are joining established firms, so there is less access to training or mentoring. Because law schools do not train students how to run a law practice, the group discussion focused on whether law schools should be doing more and what bar associations can do to help these new lawyers. Iowa’s Executive Director, Dwight Dinkla, reported that he frequently receives questions from new solo lawyers seeking information about setting up and running a law practice. Ways that the ISBA currently helps its new lawyers include training through numerous CLE programs, our archives of CLE written materials, the Hot Docs program available to all members and the FIND-ALAWYER program for connecting clients with lawyers. The ISBA also has a Loan Repayment Assistance Program (LRAP) to help lawyers who chose to work in the public interest field. Other states have used formalized mentoring programs to train new lawyers — some voluntary and some mandatory — with varying degrees of success. After lively discussion, there was consensus that the following should be explored further: • The ABA should be asked to study the merits of requiring law students to participate in an “internship” program
The September 2010 class of new lawyers admitted to practice in Iowa was
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Iowa Lawyer December 2010
that could be started in, or made a part of, the required curriculum for the third year of law school. The Ohio Bar Association recently published an article in its bar journal on Law School Programming that addresses this issue. • Bar leaders should discuss with the law school deans in their respective states the subject of law school programming and better ways to prepare law students to “practice law,” not just “think like a lawyer.” • Bar associations in states without formalized mentoring programs should evaluate the various mentoring programs in other states and see if there is merit to establishing a formal mentoring program. Those that have been most successful provide CLE credit to the mentor and mentee. The Iowa Lawyer has published a number of articles in recent years on the subject of mentoring and these should be reviewed as a starting point for evaluating mentoring programs in Iowa. See, e.g., The Iowa Lawyer, March 2010 & November 2009 issues. • Bar associations should regularly evaluate the merits of existing programs in order to determine which should be retained. One tool discussed was surveying the BOG members on an anonymous basis to gauge the effectiveness of programs designed to help new lawyers.
Defending the gates: Unauthorized practice of law developments in the past year. (Indiana)
We discussed the recent Indiana Supreme Court decision in Indiana State Bar Association v United Financial Systems Corporation, et al., No. 94S000810-MS-551 (April 14, 2010). In this decision, the court held that respondents engaged in the unauthorized practice of law when they marketed and sold estate planning services, including wills and trusts, where the sales representatives were not licensed lawyers and were not directly supervised by lawyers. Although UFSC is headquartered in Indiana, it does business in 12 other states. It targeted and then mailed prospective clients (generally retirees) information on how to avoid probate,
followed by solicitations for insurance products. The court enjoined UFSC from its unauthorized practice of law, required it to disgorge fees it had acquired and also ordered it to pay certain of the Indiana State Bar Association’s attorney fees and costs. This decision presents a good overview of the law in this area. Our members should be cautioned about UFSC’s history should it attempt to do business in Iowa.
Civic education: What is the role of bar associations? (Minnesota)
The ABA is encouraging its member organizations to work on getting civics education back in the classroom. The Minnesota Bar Association has a program titled “Lawyers in the Schools” which makes more than 500 lawyers available to speak at middle and high schools. Minnesota also has a program called “Operation Mediation” which teaches students about the justice system and gets them involved in peer-based dispute resolution.
Report by the ABA’s Division for Bar Services. (ABA)
Roseanne Lucianek, director of ABA’s Division for Bar Services, spoke about the services provided to state bar leaders and their executive directors, including webinars, the quarterly Bar Leader journal
and the annual Bar Leader Institute.
The brass ring: New Member benefits including those that help members practice more efficiently. (Wisconsin)
The Wisconsin Bar Association publishes a 34-page, pocket-size booklet that describes the benefits and services provided to its members, has an active marketing committee and a staff marketing person, and includes marketing handouts with CLE materials. There was a consensus that marketing efforts should focus on the top three to five benefits or services, rather than offering benefits such as discounts for car rentals that are widely available elsewhere. The Ohio Bar offers a very popular program called “Office Keeper” that provides information on setting up and running a law practice. Dwight is evaluating whether this would be a good benefit to offer to ISBA members.
Non dues income: Innovative ideas. (Ohio)
Ohio has raised non-dues income by selling life and professional malpractice insurance through a captive insurer that has been paying annual dividends; sales of its Elder Law Handbook; Ohio Hot Docs (idea borrowed from Iowa); an on-line career service center; providing management services to local county bars; providing a production studio for
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Remembering their legacy One of the best ways to remember a deceased lawyer is through a memorial gift to the profession to which he or she devoted an entire life. Surviving family members can point with pride to the accomplishments memorialized in a tangible form. The Iowa State Bar Foundation is a fitting place for contributions made in the honor of a deceased member. There the gift will be used to support the Foundation’s charitable purposes for the advancement of the law and justice. To memorialize a respected colleague, a spouse, a parent, a grandparent, or just a friend, send contributions to: The Iowa State Bar Foundation, 625 East Court, Des Moines, IA 50309. A representative of the Foundation will contact the family, acknowledge the gift, and a permanent record will be made. For more information, contact The Iowa State Bar Foundation at the address above, or via phone at 515-697-7870, or e-mail at firstname.lastname@example.org.
developing CLE programs, advertising, etc.; and an online file and record retention service. Dwight will explore to what extent the ISBA should consider any of these ideas.
Annual Meeting: Trends. (Illinois)
Illinois noted that more than 70 percent of its members never attend an annual meeting. In an effort to increase attendance, Illinois concluded that a variety of activities and a “family friendly” venue would help. The 2010 annual meeting was held in St. Louis and more than 1,000 lawyers and judges attended. They attributed its great success to the venue, limiting it to 2½ days, having highquality CLE programs and a “great band.” Minnesota broke down its annual meeting into what was billed as “Nine Days in June.” Each of the first seven days was held in a different judicial district, and the final two days were held in Minneapolis at Target Field. Entertainment at each location included live bands, comedy acts, theater groups and local TV personalities. Judicial branch members also participated.
Mediator training civil and family law A primary mediation class (40 hours CLE, 2 hours ethics) will be held on January 24–28, 2011, at the Drake Legal Clinic, 2400 University, Des Moines, Iowa. • The instructor is Richard M. Calkins, former dean of Drake Law School and presently an adjunct professor, who has held over 50 classes in Iowa, Illinois, Wisconsin and Tennessee and has conducted over 2000 mediations and arbitrations.
• Classes include hands-on training with each participant conducting two full mediations.
• The instruction emphasizes peacemaking techniques, which bring not only resolution but peace, conciliation and healing.
For information, contact Susan Ewing at 515-283-0331 or email@example.com. 12
Iowa Lawyer December 2010
Threat or Opportunity: Preparing for the retirement of baby boomer members. (Michigan)
In Michigan, 46 percent of the bar members are baby boomers born between 1946 and 1960. Following a study that examined the trend lines for retiring lawyers and ways that retiring lawyers can stay engaged, Michigan established the “Master Lawyers Section” with annual dues of $25. Stated purposes for this section include: (1) protection for the public through tail insurance coverage; (2) member benefits and services such as how to wind down and sell a law practice; (3) continued participation in the bar through pro bono work or mentoring of new lawyers. Of the 4,500 lawyers eligible to participate in the Master Lawyers Section, only 25 have opted out. Wisconsin created a “Senior Lawyer Division” 10 years ago that is open to lawyers who are 60 and older. It currently has a pilot study to link lawyers in this division with law students for mentoring purposes and for pro bono service. Indiana has a section for lawyers 55 and older. Its primary activity is conducting video-recorded interviews with senior lawyers about changes in the law over the course of their practices. These recordings will eventually be available on the bar website. Ohio interviews 50-year members and puts the recordings on the bar website. Iowa’s Heritage Committee interviews senior justices for posterity purposes. There was general discussion and agreement about the need to have a section of the bar for senior lawyers to help them stay active and better utilize this tremendous talent pool and resource. It could also be used to help senior lawyers transition out of practice. In conclusion, I found this Great Rivers (Midwest) Bar Leaders Conference to be everything Dwight and my predecessors said it would be: a great opportunity for a small group forum of bar presidents, presidents-elect and executive directors to identify issues facing state bar associations and provide an environment where solutions to those issues could be discussed. Thanks for the opportunity to attend.
Family Law Intake Program restores hope for single mom in Linn County; she’d like to see more attorneys volunteer By Jim Kringlen* “I thought there was no place to go” declared Sarah Gordon**, the single mother of a child who suffers from a debilitating disease. Sarah needed her monthly child support to make ends meet. Yet Child Support Recovery had determined the child’s father to be disabled on the basis of a simple note from a doctor, and her much-needed monthly support had disappeared. Sarah knew the father’s story to be untrue, but had no idea where she could turn. She was losing hope when a friend suggested Iowa Legal Aid. She went to the organization’s Cedar Rapids office where she met Dick Wenzel. “There was trust from the very beginning” said Sarah, “I was treated no different than if I had a six-figure income.” Wenzel volunteers as a part of the Family Law Intake Project at the Cedar Rapids Office. Established in 2005 by the Family Law Committee of the Linn County Bar Association, each week members volunteer to do intake in the office, offering advice and assistance to qualified applicants. Since the project’s inception, more than 30 different volunteer attorneys have participated in the weekly intake. “The Family Law Intake Project has greatly expanded our ability to provide critical legal help to families in crisis,” observes Jim Kringlen, managing attorney for the Cedar Rapids office of Iowa Legal Aid. For Sarah, Dick Wenzel, Iowa Legal Aid and the Family Law Intake Project meant hope. Hope that she could secure the basic necessities she needed to care for her child. Wenzel not only assisted Sarah through the intake process, but went further and volunteered through the Iowa Legal Aid Volunteer Lawyer Project to represent Sarah pro bono. Ultimately the father’s claim of disability was proven fallacious. After being delinquent for more than a year, child support payments have now resumed along with payment of back child support. For Sarah, hope and dignity have been restored as justice has been secured.
Sarah’s is only one of a long line of stories whose happy endings are made possible by the volunteer efforts of the Linn County Bar Association. Kringlen explains, “We have just seven staff attorneys in the Cedar Rapids Regional Office serving six counties, so the need for family law attorneys for low-income people is much greater than our staff can meet. But the dozens of volunteer lawyers that meet with new clients every week in our office goes a long way toward filling the gap.” Statewide, through the efforts of staff and volunteer attorneys, Iowa Legal Aid closed nearly 22,000 cases in 2008, bringing hope and dignity to more than 50,000 Iowans. Unfortunately more than 17,000
families were turned away or underserved for a lack of resources. Sarah believes more attorneys should volunteer as Wenzel did, because when families are struggling, it affects the entire community. “Kids aren’t getting their needs met,” she said. “I believe (volunteer attorneys) help the community.” *James Kringlen is the Managing Attorney of the Cedar Rapids Regional Office of Iowa Legal Aid. Prior to his work in the Cedar Rapids Regional Office, Jim was a Staff Attorney in Iowa Legal Aid’s office located in Iowa City. **Not the individual’s real name
Iowa Lawyer December 2010 13
Practice tip from your ISBA malpractice insurance carrier —
Dabbling: When you don’t know what you don’t know By Beth Whitney* Dabbling is simply practicing law in an area outside your area of expertise. There are many reasons why an attorney would accept a matter outside his or her area of expertise. Economic pressures, wanting to please an established client or wanting to help out a family member are just a few. Unfortunately, these lawyers are putting themselves at great risk for a malpractice claim. According to the ABA’s latest Profile of Legal Malpractice Claims, 46 percent of the errors most often alleged in malpractice suits are substantive errors. Chief among these substantive errors is “failure to know/properly apply the law.” It happens all the time. Imagine that you are an attorney who practices primarily in estates and trusts. Because you are a trusted advisor and attorney, one of your clients visits your office
and tells you about an accident he was recently in where he was injured but clearly was not at fault. He asks you to help him out. You see this as a simple personal injury case; you can handle it. But you fail to appreciate any of the following: The claim is against a municipality with notice requirements and a shorter statute of limitations, there are new Medicare reporting requirements that open your client up to a claim by the government and there are discovery deadlines in which to name an expert needed to support your client’s cause of action. If you fail to properly address any of these issues (or others particular to the case), your client will make a claim against you. Not so simple after all! Another type of dabbling that leads to a number of claims is jurisdictional
dabbling. This is where an attorney handles a case in another state where he is not licensed but is admitted pro hac vice. Or the situation may be that he is merely in another county within his state of licensure where the court rules are different. Our recommendation to avoid claims is to not take on any matter that is outside your area of practice or jurisdictional expertise. If you decide not to take a case, remember to send a non-engagement letter. If you decide to refer a case, make sure to follow the rules of ethics pertaining to referrals and recognize that you may have liability if the referral attorney makes a mistake. (See Iowa Rules of Professional Conduct, Rule 32:1.5(e)) If you want to take the case, appreciate it will take you time to learn the new area of law or rules of the jurisdiction. Remember your ethical duties of competence. (See Rule 32: 1.1) Failure to meet these ethical obligations could lead to an ethical complaint and reprimand (or worse). At the very least you want to know what you don’t know so you can learn what you need to know. You may find it helpful to associate with an attorney who is already knowledgeable in the area of law or jurisdiction. If you do so, make sure that the attorney also carries professional liability insurance and maintain clear lines of communication with co-counsel and the client. Certainly there are pressures on you to make money, please clients and help out friends and family. But understand that when you dabble you put your client, your reputation and your license at risk. *Beth Whitney is the risk manager for the Lawyers Professional Liability team at SwissRe/ Westport in Chicago, Ill. (SwissRe/Westport is the insurance carrier for the ISBA Insurance program, which is administered by Lockton Risk Services.) She earned a Bachelors degree in Civil Engineering at Virginia Tech and her law degree at DePaul University. Following law school she worked for a large Chicago insurance defense firm where she successfully tried a dozen jury trials to verdict. Beth joined SwissRe/Westport 8 1/2 years ago as a claim adjudicator handling lawyers and architects/engineers malpractice claims, and then became a claims team leader.
Iowa Lawyer December 2010
Federal Practice Seminar December 17, 2010
Marriott Hotel • 700 Grand Ave. • Des Moines 50309
8:00 - 8:30 Registration
CLE Credit: 6 State hours which includes 6 Federal hours and 1 hour of Ethics
8:30 - 9:30 Article III Judges’ Panel 9:30 - 10:30 Evidence in the 21st Century 10:30 - 10:45 Break
10:45 - 11:45 U.S. Supreme Court Update Speaker: Prof. Christopher J. Peters, University of Baltimore Law School 11:45 - 1:00
Luncheon Presentation Speaker: David Brown, Hansen, McClintock, Riley
1:00 - 2:00 Magistrate Judges’ Panel
December 1 - 3
71st Annual Tax School Downtown Marriott Hotel Des Moines
Practice & Procedure Before the Dept. of Revenue Telephone CLE
2:00 - 3:00 Criminal Breakout - Issues in Federal Prosecution Speakers: Nick Klinefeldt and Stephanie Rose, Northern and Southern District U.S. Attorneys 2:00 - 3:00 Civil Breakout - Everyday Issues Involving Electronic Discovery Speaker: Judge Thomas Shield 3:00 - 3:15 Break
3:15 - 4:15 Ethics Speaker: Prof. Peter Henning, Wayne State University Law School
Registration Form: Federal Practice Seminar
December 14 Medicare Telephone CLE
eCommerce Seminar ISBA Headquarters Des Moines
Federal Practice Seminar Downtown Marriott Hotel Des Moines
January 13, 2011
Basic Skills Course West Des Moines Marriott West Des Moines
For more information or to register, visit iowabar.org
Name : __________________________________ Member # _________ Phone # _____________________________
Address: _______________________________________ City, State, Zip: _____________________________________ E-mail: _________________________________________________ Registration Fee:
Non-ISBA Members Method of Payment: ___ Check enclosed
___ Master Card
____ $160 ____ $235
Check Number ____________ CLE Season Pass _________ ___ Discover
___ American Express
Credit Card #:_____________________________________________ Exp. Date: ___________
Cardholder Signature: ____________________________________________________________
Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309 . For questions: phone (515) 697-7874, fax (515) 243-2511, or e-mail firstname.lastname@example.org
Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by December 10, 2010. Written notification can be mailed, faxed, or e-mailed to the Bar Office. Walk-in registration fee will be an additional $50 (fee will begin on December 17). The IOWA LAWYER
Basic Skills Course
January 13 - 14, 2011 Marriott Hotel • 1250 Jordan Creek Parkway • West Des Moines, Iowa 50266 Presented by The Iowa Bar Review School On October 9, 2009, the Supreme Court adopted a new requirement that all lawyers newly admitted by examination attend a basic skills course on Iowa law. Eight hours is required for basic skills courses. This course has been approved for ten hours. The attendance requirement applies to every lawyer admitted by examination after December 31, 2008. Lawyers admitted by examination during 2009 will have two years from their actual date of admission to complete the course. Lawyers admitted by examination in 2010 and future years must complete the course within one year of their actual date of admission. The basic skills course requirement does not apply to lawyers admitted to practice on motion. Lawyers who attend the basic skills course are entitled to claim credit against their regular continuing legal education attendance requirements. A lawyer who fails to attend the required course within the allotted time period may have their right to practice law suspended. Register early as seating is limited!
January 13, 2011
9:00 - 10:00 am 10:00 - 11:00 11:00 - 11:15 11:15 - 12:15 12:15 - 12:45 12:45 - 1:45 1:45 - 2:45 2:45 - 3:00 3:00 - 4:00 4:00 - 5:00
January 14, 2011
8:00 - 9:00 am 9:00 - 10:00 10:00 - 10:15 10:15 - 11:15
Contracts - Speaker: Hon. Michael Streit, Iowa Supreme Court Torts - Speaker: Steven Ballard, Leff Law Firm LLP Break Criminal Law & Procedure - Speaker: Eric Tindal, Niley Wenzel Erdahl Tindal & Fisher, PLC Lunch (provided) Civil Procedure - Speaker: Barry Lindahl, City Attorney’s Office (Dubuque) Business Entities - Speaker: David Bright, Meardon Sueppel & Downer PLC Break Real Estate Transactions - Speaker: Timothy Krumm, Meardon Sueppel & Downer PLC Guardianships, Conservatorships, Trusts, and Powers of Appointment Speaker: Deanna Clingan-Fisher, Iowa Department of Aging Family Law - Speaker: James Meade, Meade Law Office Probate - Speaker: Ross Barnett, Abendroth & Russell, P.C. Break Ethics/Professionalism - Speaker: Paul Wieck, Office of Professional Regulation
Registration Form: Basic Skills Course
Name : __________________________________________ Member # ____________ Phone # ___________________________________
Address: ________________________________________________ City, State, Zip: _____________________________________________ E-mail: _________________________________________________
Registration Fee: ISBA Members (December 31, 2008 to present) ____ $75 Non-ISBA Members (December 31, 2008 to present) ____ $125 This class is limited to lawyers admitted to practice after December 31, 2008. Method of Payment: ___ Check enclosed Check Number ____________ CLE Season Pass _________
___ Master Card
Credit Card #:_____________________________________________ Exp. Date: ___________
___ American Express
Cardholder Signature: ____________________________________________________________
Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309.
For questions: phone (515) 697-7874, fax (515) 243-2511, or e-mail email@example.com.
Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by January 6, 2011. Written notification can be mailed, faxed or e-mailed to the Bar Office. The IOWA LAWYER
Appellate Practice Seminar Friday, February 11, 2011 ISBA Headquarters â€˘ 625 East Court Ave. â€˘ Des Moines 50309 CLE Credit: 4.25 State CLE which includes .5 Hours of Ethics 12:00 - 12:30 Registration
12:30 - 1:45 Rules for Electronic Document Management System Speaker: Donna Humpal, Clerk of the Iowa Supreme Court 1:45 - 2:15
Preparing Your Office for Electronic Filing--Office and Business Practices and Transitioning to a Paperless Office, Speaker: David Beckman, co-chair of the EDMS Rules Advisory Committee and member of the EDMS Business Advisory Committee 2:15 - 2:45 Ethics of Electronic Practice (Issues with Confidential Information) Speaker: Nick Critelli, Chair, Iowa State Bar Association Ethics and Practice Guidelines Committee 2:45 - 3:00
3:00 - 4:00 How to E-File - Practical Tips Panel: TBA
4:00 - 5:00 Common Problems in Complying with Appellate Rules - View From the Court Speaker: Justice David Wiggins, Iowa Supreme Court, Judge Mary Tabor, Iowa Court of Appeals and Christine Mayberry, Deputy Clerk, Iowa Supreme Court
Registration Form: Appellate Practice Seminar
Name : _______________________________________ Member # ____________ Phone # ___________________________________
Address: _____________________________________________ City, State, Zip: _____________________________________________ E-mail: _________________________________________________
Registration Fee: ISBA Members ____ $100 Non-ISBA Members ____ $200 Method of Payment: ___ Check enclosed Check Number ____________ ___ Visa ___ Master Card ___ Discover
Credit Card #:_____________________________________________ Exp. Date: ___________
CLE Season Pass _________ ___ American Express
Cardholder Signature: ____________________________________________________________
Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309 For questions: phone (515) 697-7874, fax (515) 243-2511, or e-mail firstname.lastname@example.org
Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by February 4, 2010. Written notification can be mailed, faxed, or e-mailed to the Bar Office. Walk-in registration fee will be an additional $50 (fee will begin on February 11). The IOWA LAWYER
An Hour with EEOC Commissioner Ishimaru January 21, 2011 12:00 - 1:00 pm
Stuart J. Ishimaru emphasized the EEOC’s critical role as a law enforcement agency, encouraging the Commission’s employees to carry out the agency’s mission fairly and vigorously. He committed agency resources to investigating and litigating systemic cases—larger cases with the potential to provide relief for numerous victims of discrimination and to bring about positive change in entire companies and industries. Visit www.iowabar.org to register for this event and or any of the ISBA’s other convenient telephone CLEs.
Bridge the Gap
May 12 - 13, 2011 West Des Moines Marriott • 1250 Jordan Creek Pkwy. • West Des Moines, Iowa 50266 Earn your 15 hours of CLE in just two days at the 2011 Bridge the Gap Seminar presented by the ISBA’s Young Lawyer Division. Check for updates in future issues of the Iowa Lawyer Magazine and on the ISBA website at www.iowabar.org.
J 22-24 une
138th Annual Meeting
June 22 - 24, 2011 Downtown Des Moines Marriott • 700 Grand Avenue • Des Moines, Iowa 50309 If you’re unable to attend the Bridge the Gap Seminar and earn your 15 hours of CLE, you’ll have another opportunity to earn them at the ISBA’s 138th Annual Meeting. Join more than 500 of your fellow legal professionals at the ISBA’s biggest seminar of the year! The three days are full of energetic speakers, timely topics, a variety of social events, multiple prizes, committee/section meetings and so much more. Check for updates in future issues of the Iowa Lawyer Magazine and on the ISBA website at www.iowabar.org. The IOWA LAWYER
Communication, organization, and accountability By Eric Bidwell, YLD president Everyone wants to know — how can I get my new hire to succeed? In visiting with numerous attorneys I cannot count the times I hear from a more senior partner: “I just don’t understand why my new attorney (insert complaint here).” Obviously there is a disconnect between the way “things used to be” and the realities of today. Keeping your new attorney(s) busy is important, but do not overlook the fundamentals; without the right mix of communication, organization and accountability no one wins.
Newer attorneys need an environment that fosters communication – about everything. Before you expect your new hire to effectively communicate about work matters, they must feel comfortable communicating about other matters. Most attorneys who are beginning their careers have significant (usually family) obligations and, of course, debt. Newer attorneys need you on the same page. Obviously one’s personal obligations should not impact the workplace, but they do. Senior partners, make sure you leave the door open to communicate with your associates and junior partners about personal matters. Mentoring goes beyond the workplace. It is up to you to create an environment where your associates feel comfortable. If you want your associates to be successful, listen. Finally, communicate about economics. How is your new attorney to digest the realities (overhead) associated with practicing law? I am of the opinion that even poor producers deserve to know where they are — at least give them chance. Expose them to the realities early and often.
and the best way to do it is to provide the necessary tools and expectations. I estimate I likely put in 55-70 hours per week. I would guess I am actually in the office 35. Be clear to your new hire that you do not expect to see them in the office 50 hours a week, but you invested in the BlackBerry and digital dictation machine for a reason. Organization is not just keeping your files and desk organized; these days it means keeping things in order while on the go.
How many times have you been preparing a document and hopped on and off the internet 10 times while doing it — and I am not talking about research. I am not a “facebooker” but many people are, and I can only imagine the indirect economic impact. Most companies block certain websites. This makes sense. But a work environment
should not be too rigid. Employees and co-workers need the ability to be themselves at the office. However, there needs to be a balance between “down time” and “crunch time.” Too much down time equals too many crunch times. Hold yourself and your co-workers accountable. I get asked from time to time, are you “keeping busy?” My reply is usually something like — “well yes — but that does not mean I am making any money.” Generally we are so focused on getting the job done that I am not sure we effectively evaluate the use of our time. I am not sure anyone should feel sorry for someone in our profession, but I think we should ask ourselves: does our busy schedule equate to an economic reward? Now consider your new hire and how he or she perceives you — and how you conduct yourself. It is good to be an Iowa lawyer.
I recently spoke with Orville Bloethe. Orville dictates notes and a letter following every moment of client interaction — not a bad act to follow. Most of us are pretty poor at this. The question is, can you change a poorly organized person into one who is better organized? I think the answer is yes, the
Iowa Lawyer December 2010 19
Thank you to these volunteer speakers (Editor’s Note: Due to tight space issues in the magazine over the past year, we have fallen way behind in thanking the dedicated individuals who volunteer their time to speak at the ISBA’s seminars. We will attempt to bring our recognition of speakers up to date over the next four-to-five issues. Meanwhile, the ISBA extends its heartfelt gratitude — even though belately — to the following speakers:)
John Fatino, Whitfield & Eddy PLC Habbo Fokkena, United States Department of Justice, Cedar Rapids David Fini, Reynolds & Reynolds Stephanie Fraley, Lexis Nexis Michael Furlong, Swiss Re Joe Gassman, Ahlers & Cooney, PC Mark Gray, Whitfield & Eddy PLC Joel Greer, Cartwright Druker & Ryden Prof. Neil Hamilton, Drake University Solo and Small Firm Seminar, July 22-24, 2009 Marilyn Harms, paralegal, Eldora Justice Brent Appel, Supreme Court Justice Craig Hastings, Hastings & Gartin, LLP Kim Balk, Legal Technology Services Inc. Joddey Hicks, Diana Benda, Wells Fargo Law Department Cheryl Hines David Beckman, Beckman Law Office, P.L.C Paul Horvath, Dickinson Mackaman Tyler & Hagen PC Willard Boyd III, Nyemaster Goode, PC Marion James, Marion James PC Dan Bray, Bray & Klockau PLC Rachelle Johnson, Johnson Law Firm, PC William Bushell, Des Moines Hon. Susan Larson Christensen, Associate Judge, District 4 Frank Carroll, Davis Brown Law Firm Kathleen Law, Nyemaster Goode, PC Christine Crilley, Crilley Law Office Thomas Lawler, Lawler & Swanson, PLC Nick Critelli, Nicholas Critelli Associates, P.C. Phyllis Pearson, Phyllis Pearson Law Tre Critelli, Nicholas Critelli Associates, P.C. Phillip Garland, Garland Law Firm Walter Conlon, Metcalf Conlon & Siering PLC Amanda James, Iowa Association of Municipal Utilities David Erickson, Davis Brown Law Firm Prof. Roger McEowen, Director of the Bruce Fagerstom Center for Agricultural Law and Taxation, Iowa State University James Milani, Orsborn Milani & Mitchell LLP David Miller, Iowa Farm Bureau Federation Michel Nelson, Iowa Savings Bank William Nicholson, Rush & Nicholson Dennis Parmenter, Parmenter Law Office Martin Peterson, Peterson & Lipps David Repp, Dickinson, Mackaman, Tyler & Workers Compensation Hagen PC And Steven Roy, Nyemaster Goode, PC Todd Scott Civil Litigation IPE 1031 has acquired Harry Shipley, The Iowa State Bar Association Mediation Services Wayne Slavin, Backup Right Hon. Charles Smith III, Council Bluffs Iowa and Nebraska Kent Smith, Scheldrup Blades Schrock Smith Aranza PC Tyler Smith, Frank M. Smith Law Office Rita C. Grimm Steven Sovern, Sovern Mediation L.L.C. Gary Streit, Shuttleworth & Ingersoll PLC Carolyn Sutton, Ahlers & Cooney, PC Heidman Law Firm, L.L.P. Brenda Swanson, Shenandoah 1128 Historic 4th Street Karlette Thornton, paralegal, Shennandoah Sioux City, IA 51101 Brett Trout, Brett J. Trout, P.C. (712) 255-8838 J. Marc Ward, Dickinson Mackaman Tyler & Fax: (712) 258-6714 Hagen PC IPE 1031 Rita.Grimm@heidmanlaw.com Greg Wilcox, Nyemaster Goode, PC 1922 INGERSOLL AVENUE Paul Wieck, Office of Professional Regulation www.heidmanlaw.com DES MOINES, IOWA 50309 515.279.1111 • 888.226.0400 Robert Woodke, Woodke Law Office FAX 515.279.8788 WWW.IPE1031.COM Don Young, Young & Rogers Law Firm
Iowa Lawyer December 2010
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Labor Law Issues, Aug. 14, 2009
Gail Sheridan-Luncht, State of Iowa, Div. of Labor Service
Law Over Lunch: Freedom of Information Act, Aug. 19, 2009 Kathleen Richardson, Drake University
Jordan Hansell, Nyemaster Goode, P.C. Frank Harty, Nyemaster Goode, P.C. Lance Lange, Belin McCormick, PC Hon. Edward Mansfield, Iowa Court of Appeals William Raisch, Urbandale Prof. Maura Strassberg, Drake University Law School Mark Weinhardt, Belin McCormick, PC
Fall Traveling (Sioux City), Sept. 29, 2009
Law Over Lunch: New Septic System Inspection Requirements, Sept. 9, 2009 Craig Hastings, Hastings & Gartin, LLP
Ag Law Seminar, September 11, 2009
Scott Buchanan, Buchanan, Bibler, Buchanan & Gabor Law Firm Tre Critelli, Nicholas Critelli Associates, P.C. Erin Herbold, Center for Agricultural Law and Taxation, Iowa State University Joe Kristan, Roth & Company Prof. Roger McEowen, Director of the Center for Agricultural Law and Taxation, Iowa State University J. Marc Ward, Dickinson, Mackaman, Tyler & Hagen, P.C.
Trade Regulation/Corporate Council, Sept. 18, 2009 William Brauch, Special Assistant Attorney General Mark Hamer, Meardon Sueppel & Downer PLC
Karey Bader, Blizzard Communications LLC Kim Balk, Legal Technology Services, Inc. Scott Hartsook, Iowa Legal Aid Emilee Gehling, Goosmann Law Firm Steven Kohl, Nymann & Kohl Bridget Penick, Dickinson Mackaman Tyler & Hagen PC Robert Rafferty, The Rafferty Group, LLC Elizabeth Rosenbaum, Elizabeth A. Rosenbaum, PC J. Marc Ward, Dickinson Mackaman Tyler & Hagen PC Patrick Wilson, Des Moines
Fall Traveling (Mason City), Sept. 30, 2009
Timothy Anderson, Garner Karey Bader, Blizzard Communications LLC Kim Balk, Legal Technology Services, Inc. Aaron Bernard, The Bernard Firm, PLC David Grooters, Pappajohn Shriver Eide & Nielsen PC Scott Hartsook, Iowa Legal Aid Michael Piper, Dickey & Campbell Law Firm, PLC
You Handle Million Dollar Deals Every Day.
How hard can your friendâ€™s divorce case be?
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Iowa Lawyer December 2010 21
Robert Rafferty, The Rafferty Group, LLC Mindi Vervaecke, Fitzsimmons & Vervaecke PLC Patrick Wilson, Des Moines Mark Young, Young Law Office
Same Sex Marriage (Leave and Benefits), Oct. 1, 2009 Sharon Malheiro, Davis Brown Law Firm Russell Samson, Dickinson Mackaman Tyler & Hagen PC
The Challenges & Issues of Working with Pro Se Litigants, Oct. 1, 2009 John Goerdt, Iowa Supreme Court Emily Gould Chafa, Iowa Workforce Development Magistrate Jeff Lipman, Lipman Law Firm PC Hon. Karen Romano, Fifth Judicial District of Iowa
Fall Traveling (Dubuque), Oct. 5, 2009
Joshua Weidemann, O’Connor & Thomas PC Danita Grant, Fuerste Carew Juergens & Sudmeier, PC Christopher Fry, O’Connor & Thomas PC Greg Rehmke, O’Connor & Thomas PC Dan Bray, Bray & Klockau PLC Robert Rafferty, The Rafferty Group LLC Patrick Wilson, Des Moines Dewey Cantrell, The Iowa State Bar Association
Fall Traveling (Davenport), Oct. 6, 2009
Dewey Cantrell, The Iowa State Bar Association Jean Dickson, Betty Neuman & McMahon P.L.C. Scott Hartsook, Iowa Legal Aid Jennifer Hodge, Dickinson Mackaman Tyler & Hagen PC Ann Holden-Kendell, Dickinson Mackaman Tyler & Hagen PC Anne Mullin & Laverty LC 10/1 Laverty, drake GENPRACTad 8/6/20 James Nepple, Nepple Law, PLC
Iowa Lawyer December 2010
Robert Rafferty, The Rafferty Group, LLC Peter Small Patrick Wilson, Des Moines
Fall Traveling (Cedar Rapids), Oct. 7, 2009
Dan Anderson, Wertz & Dake, PC Miryam Antunez De Mayolo, Antunez De Mayolo Law Office Karey Bader, Blizzard Communications LLC Kim Balk, Legal Technology Services, Inc. Joseph Day, Day Rettig Pieffer PC Scott Hartsook, Iowa Legal Aid Anne Laverty, Mullin & Laverty LC William McCartan, Bradley & Riley, PC Sue Pence, Bankers Trust Robert Rafferty, The Rafferty Group, LLC Patrick Wilson, Des Moines
Environmental Law, Oct. 9, 2009
David Grossman, Silver Spring, Md. Richard Leopold, Des Moines Prof. Matthew Liebman, Iowa State University Jana Lindeman James Pray, Brown Winick PLC Prof. Mark Schantz, University of Iowa Nicole Shalla, Plains Justice Josh Tapp, EPA Ed Tormey, Iowa Department of Natural Resources
YLD Nuts & Bolts, Oct. 14, 2009
Garth Adams, Belin McCormick Trinity Braun-Arana, Office of Professional Regulation Matthew Eslick, Nyemaster Goode PC Timothy Gartin, Hastings & Gartin, LLP Richard Gaumer, Webber Gaumer & Emanuel PC Frank Harty, Nyemaster Goode, PC Brian Kohlwes, Des Moines Wendy Marsh, Nyemaster Goode, PC
David Repp, Dickinson Mackaman Tyler & Hagen PC Kim Stamatelos, Kimberly Stamatelos & Associates James Thomas, Anamosa Christian Walk, Nyemaster Goode PC
YLD Nuts & Bolts, Oct. 19, 2009
Justice David Baker, Iowa Supreme Court Steven Ballard, Leff Law Firm LLP David Bright, Meardon Sueppel & Downer PLC Ryan Carter, Nyemaster Goode, PC Matthew Eslick, Nyemaster Goode, PC Richard Garberson, Shuttleworth & Ingersoll PLC Joseph Moreland, Hayek, Brown, Moreland & Smith, L.L.P. William Nicholson, Rush & Nicholson PLC Ellen Ramsey Kacena, Cedar Rapids Robert Rehkemper, Gourley, Rehkemper & Lindholm, PLC Bruce Walker, Phelan Tucker Mullen Walker Tucker & Gelman LLP Kyle Wilcox, Simmons, Perrine Moyer Bergman, PLC Susan Willey, Simmons, Perrine Moyer Bergman, PLC
Electronic Discovery Webinar, Oct. 20, 2009 Nick Critelli, Nicholas Critelli Associates, P.C.
ADR/AAA Seminar, Oct. 22-23, 2009
David Blair, Law Office of David Blair, PC Richard Calkins, Calkins Law Firm Scott Hughes, UNM School of Law Linda Neuman, Neuman ADR Lora McCollom, Skinner Nielsen & McCollom, PLC Leonard Riskin, University of Florida Levin College of Law Steve Sovern, Sovern Mediation L.L.C. Gerald Sullivan, Crawford Sullivan Reed & Roemerman PC
Probate, Oct. 23, 2009
Kimberly S. Bartosh, Whitfield & Eddy Craig Hastings, Hastings & Gartin Johnine Hays, Hays Law Firm Jeffrey Sharp, SilverStone Group
Family Law Seminar, Oct. 29-30, 2009
Dan Bray, Bray & Klockau PLC B 9 4 5 Charlow, 11 CC U d ate L w yer Ad Ho Prof. Andrea Drake University Maj. Christopher A. Clausen, Camp Dodge
Barbara Davis, West Des Moines Catherine Dietz-Kilen, Harrison & Dietz-Kilen, PLC Diane Dornburg, Carney & Appleby, PLC Mike Ferjak, Iowa Attorney Generalâ€™s Office Joe Fernandez, Fernandez Law Firm Susan Freed, Davis Brown Law Firm Susan Gauger, Two Rivers Psychological Services PC Andrew Howie, Hudson Mallaney Shindler & Anderson, PC Chad Kepros, Bray & Klockau PLC Jonathan Kramer, Whitfield & Eddy PLC David Jungmann, Jungmann Law Laura McCollom, Skinner Nielsen & McCollom, PLC Michael Melcher, Next Step Partners James D. Nalley, BCC Advisers Judy Norris, Zero to Three Program Tony G. Rees, Taylor, Rees, Beckey & Co., P.C. Alan Ryerson, BCC Advisers Kim Stamatelos, Kimberly Stamatelos & Associates Pat Wilson, Des Moines
Electronic Discovery Webinar, Nov. 10, 2009 Tre Critelli, Nicholas Critelli Associates, P.C.
Law Over Lunch: Intellectual Property Issues (for the Non-IP Attorney) Part 1, Nov. 11, 2009 Tracy Deutmeyer, McGrath North Mullin Kratz
Labor & Employment Seminar, Nov. 13, 2009
Helen Adams, Pioneer Hi-Bred International Rick Autry, Employment Appeal Board Ronni Begleiter, Brown Winick PLC Hon. Celeste Bremer, US District Court Hugh Cain, Hopkins & Huebner PC Mike Carroll, Babich Goldman Cashatt & Renzo PC Paige Fiedler, Fiedler Law Firm, PLC Frank Harty, Nyemaster Goode, PC Ann Holden Kendell, Dickinson Mackaman Tyler& Hagen PC Debra Hulett, Nyemaster Goode PC Hon. Robert Hutchison, Polk County Courthouse Jeffrey Krausman, Dickinson Mackaman Tyler& Hagen PC Sharon Malheiro, Davis Brown Law Firm Hon. Eliza Ovrom, District Court Judge, 5th Judicial District
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Iowa Lawyer December 2010 23
Tom Newkirk, Newkirk Law Firm PLC Elizabeth Rosenbaum, Elizabeth A. Rosenbaum PC Mark Sherinian, Sherinian & Walker PC Hon. Ross Walters, Federal Judge, Southern District of Iowa Thomas Wolle, Simmons Perrine Moyer Bergman, PLC Jill Zwagerman, Newkirk Law Firm
Women and Minorities Telephone CLE-Veterans’ Issues, Nov. 19, 2009
Kristin Collinson, Dept. of Veteran’s Affairs-Office of Regional Counsel
Roger McEowen, Director of the Center for Agricultural Law and Taxation, Iowa State University Prof. James Monroe, Drake University John O’Connor, O’Connor & Thomas, P.C. Mark Prater Wayne Reames, Belin McCormick, PC Steven Roy, Nyemaster, Goode, West, Hansell & O’Brien, P.C. Mark Schuling, Director, Iowa Dept. of Rev. & Finance Harry Shipley, The Iowa State Bar Association Margaret VanHouten, Davis Brown Law Firm Jerrold Wanek, Garton & Wanek Lee Wilmarth, Anderson, Wilmarth, Van Der Maaten & Belay
Law Over Lunch: Ethics, Dec. 9, 2009
70th Annual Tax School, Dec. 2-4, 2009
Peter Arling, O’Connor & Thomas, P.C. David Bibler, Buchanan, Bibler, Buchanan & Gabor Orville Bloethe, Bloethe Law Firm Tamara Borland, Project Manager Low-Income Taxpayer Clinic, Iowa Legal Aid Willard Boyd III, Nyemaster, Goode, West, Hansell & O’Brien, P.C. Frank Carroll, Davis Brown Law Firm Patrick Courtney, Bradley & Riley, PC Jessica Doro, Bradley & Riley, PC James Goodman, Moore, McKibben, Goodman, Lorenz & Ellefson, LLP Terry Hancock, Nyemaster, Goode, West, Hansell & O’Brien, P.C. Prof. Neil Harl, Iowa State University Erin Herbold, Center for Agricultural Law and Taxation, Iowa State University Christopher James, Davis Brown Law Firm Joseph Kristan, Roth & Company Kristy Maitre, IRS John McCormally, Assistant Attorney General, Iowa Attorney General’s Office
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Tre Critelli, Nicholas Critelli Associates, P.C. Nick Critelli, Nicholas Critelli Associates, P.C.
Iowa Support Master Child Guidelines Webinar, Dec. 10, 2009 Patrick Wilson
Administrative Law Section Telephone CLE-Social Security Tips for the General Practitioner, Dec. 11, 2009 Thad Murphy, Law Offices of Thad J. Murphy, PC
eCommerce Seminar, Dec. 17, 2009
Jill Finken, Heidman Law Firm, LLP Matthew Eslick, Nyemaster Goode, PC John Goodhue, McKee, Voorhees & Sease, P.L.C. Frederick Sharp, McKee, Voorhees & Sease, P.L.C. Elias Swanson, Dorsey & Whitney
Federal Practice Seminar, Dec. 18, 2009
Prof. John S. Allen, University of Iowa College of Law Mark Bennett, U.S. District Court Hon. Prof. Laurie Dore, Drake University Law School Dr. John Eastman, Dean, Chapman University School of Law Daniel Goldberg, Counsel to United States Senator Tom Harkin Professor David Hricik, Professor of Law, Mercer University. Hon. John Jarvey, U.S. District Court Andrew Kahl, Des Moines Pamela Karlan, Stanford University Hon. Robert Pratt, Chief Judge, U.S. District Court Professor Polly Price, Associate Dean of Faculty/ Professor of Law, Emory University Hon. Linda Reade, U.S. District Court Hon. Jon Scoles, District Judge, 2nd District Hon. Thomas Shields, U.S. Magistrate Judge Hon. Ross Walters, U.S. Magistrate Judge for the Southern District of Iowa Mark E. Weinhardt, Belin McCormick Hon. Charles Wolle, U.S. District Judge Hon. Paul Zoss, Chief United States Magistrate Judge for the Northern District of Iowa ®
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Iowa Lawyer December 2010
Obituaries James A. Lally died Oct. 15 in St. Louis, Mo. He was buried in St. Joseph Cemetery in Dysart. Survivors include his sister, Gail; niece, Teresa Wolfangel; and nephew, Dan Dedic. Hon. Edward “Bud” deSilva, Jr., 78, died Oct. 23 in Davenport. Born and raised in Rock Island, Ill., “Bud,” as everyone called him, graduated from Lawrence University, and the University of Iowa College of Law, the latter in Sharon Malheiro (fourth from left), president of the Davis Brown firm in Des Moines, receives the Employer 1958. He practiced law as a partner Support Guard and Reserve (ESGR) Patriotism Award from Dennis Dietz representing ESGR. Davis Brown with Wells, Brubaker, deSilva, attorney Bill Kelly nominated the firm for the award because of the support it has given him and his family while he is deployed to Afghanistan. In a letter read by Dennis before the award presentation, he stated that Flynn and Darland in Davenport the firm knows what is “legally required for deploying soldiers but goes above and beyond what is legally before being appointed a district required.” The firm also advises businesses who are dealing with deployment of employees and that advice court judge for the Seventh Judicial helps those business leaders set policy that supports national defense. Standing with Sharon in receiving District in 1984. He retired from the award are (from left) Mike Kuehn, staff judge advocate with the Iowa National Guard; ISBA President that position in 1999. Frank Carroll; Chris Clausen, deputy staff advocate with the Iowa National Guard; and Marcia Kelly, wife of Biking, golf, fishing and bowling Bill Kelly. Kuehn, Dietz and Clausen are all active ISBA members. ESGR is a Department of Defense agency with friends were some of the established in 1972 with a mission to gain and maintain employer support for Guard and Reserve service by activities Judge deSilva liked to do recognizing outstanding support, increasing awareness of the law and resolving conflicts. in his leisure time. He also loved trains, boats, cars and skis, and was a softball coach for the McKinley IOWA ARMY NATIONAL GUARD Pioneers for more than a decade. JUDGE ADVOCATE GENERAL CORPS Judge deSilva is survived by his wife of more than 50 year, Josie; daughters, Jennifer deSilva Noser, Juliet deSilva Klosterman, and Shelley deSilva; grandddaughters, Caroline Noser, Sarah Noser, Isabel Klosterman and Meredith Klosterman; and his sister, Gloria deSilva Gierke.
Supporting the troops
Michael J. Laughlin Sr., 66, died Nov. 11 of stroke complications at Mercy Medical Center in Des Moines. Born in Des Moines, Mike graduated from Dowling Catholic High School, Drake University and Drake University Law School. He practiced law in Des Moines his entire career, most recently with Kuntz and Laughlin, P.C. Aside from work, Mike’s passions were hunting, fishing, the outdoors and outdoor writing, Ducks Unlimited, coaching Little League, his grandchildren, Dowling football and crossword puzzles. He is survived by his sons Robert and Michael, Jr.; their mother, Mary; grandchildren, Jack and Greenlee; brother, Thomas; and numerous nieces, nephews and cousins.
To learn more - contact: Major Matt Dial Iowa Army National Guard Judge Advocate Officer Strength Manager
Iowa Lawyer December 2010 25
Peter Sean Cannon West Des Moines, Iowa Reprimand Supreme Court Order October 15, 2010 The Iowa Supreme Court Attorney Disciplinary Board filed a complaint against Peter Sean Cannon for plagiarizing a brief and reply brief that was filed with the federal bankruptcy court. The Board also alleged that Cannon’s bill was excessive regarding his work on these briefs. The Boa d initiated proceedings again t Cannon all ging th t he plagiarized his briefs to the bankruptcy cou t in violation of Iowa Rules of Professional Cond 8.4(c du l dishonesty, frau c or presentation) 32:3.3(a) (fals tem or law to a tribunal), and sleadi communicati bout the yer s es). With respect to the alleged excessive bill, the board charged Cannon with violating rule 32:1.5(a) (a lawyer shall not collect an unreasonable fee). Cannon ultimately admitted that he plagiarized the briefs but contended that was not his intention and “regretted his error.” The commission found he violated rule 32:8.4(c) by copying page after page of original material. However, the commission found there was insufficient evidence to find Cannon charged an unreasonable fee given the fact that he forgave the fees billed for the briefs, made other financial accommodations for his client by paying for other counsel to be “brought up to
speed,” waived his fees for other legal work and did more work on the brief than mere plagiarism. The Supreme Court upheld these findings but found the appropriate punishment was a reprimand, not a six-month license suspension.
Patricia K. Wengert Des Moines License Revoked Supreme Court Order October 29, 2010
The supreme court revoked Wengert’s license af er finding that she committed multiple ethical i he ipli oard filed a c compla ga ger Weng board st fa n ethica t n seven e cou The st on itiga and ag vating circumstances and recommended a threeyear suspension. The Grievance Commission found that the agreed-upon facts supported the admitted violations. The commission also found additional violations based on the stipulation. The commission recommended that Wengert’s license be suspended for three years. The supreme court, however, held that because she had misappropriated client funds and because of the number of serious violations, her license should be revoked. The Court found, based on her stipulation, that Wengert represented a client notwithstanding a
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Iowa Lawyer December 2010
concurrent conflict of interest, contacted a person represented by counsel and engaged in conduct that was prejudicial to the administration of justice. These actions were in violation of the Iowa Rules of Professional Conduct rules 32:1.7(a), 32:4.2 and 32:8.4(d) respectively. These violations stemmed from Wengert’s representation of a client in an involuntary guardianship and conservatorship proceeding. While representing the client, the state filed charges against the client’s daughter for neglecting the client. Wengert filed an appearance on behalf of the daughter. The associate district court found a concurrent conflict of interest, disqualified her from representing the daughter and ordered her n discuss the case with the daughter. After the daughter had new counsel, Wengert admitted acting her about the case. She was found in mpt and sentenced to seven days in jail; sentence was suspended. The supreme court found that the conflict of interest was clear. The conflict of interest, coupled with Wengert’s disobedience of the court’s order was prejudicial to the administration of justice. Wengert stipulated to making statements that were critical of the court in both a probate proceeding and a juvenile proceeding. The supreme court, however, did not conclude that her statements were ethical violations. The court noted that Wengert stipulated to violating rule 32:8.4(d) for conduct prejudicial to the administration of justice and that the commission further found a violation of rule 32:1.1 requiring competent representation. Notwithstanding the stipulation and the commission’s finding, the supreme court could not assume that Wengert’s statements were false; the stipulation has to provide facts to support the ethical violation. Two of the counts in the complaint dealt with misappropriating client funds. In a personal injury case, the client wrote a check to Wengert to pay for a medical exam. Wengert used the money to pay herself for other expenses she claimed that she had advanced on behalf of the client. Wengert eventually paid for the medical exam from her personal funds, over a year later. In a case involving a work-related accident, Wengert represented three clients. She violated multiple rules for handling client funds. She advanced $175 to one client. When she received
TRANSITIONS a settlement check for that client, she did not use the funds to pay the subrogation claim, but instead used them “for other purposes.” When Wengert received the settlement check for another client in the matter, she did not deposit it in her trust account and did not pay the client’s subrogation claim. She used it to pay the subrogation claim of another client in the matter and failed to keep an accurate accounting of the second settlement. More than a year later, Wengert paid the subrogation claim from her personal funds. During the same time period, Wengert submitted her signed Client Security questionnaire claiming that her client trust account was reconciled properly. The account was audited. The audit showed that Wengert comingled personal funds, did not have records showing which client funds were affected and did not reconcile the account. The Supreme Court found that Wengert’s comingling of client and personal funds, failure to deposit client settlement money in her trust account and using the funds for “other purposes” violated rule 32:1.15 regarding the safekeeping of client property. Failing to keep appropriate records and failing to deposit the client settlement funds in the trust account also violated Iowa Court Rules 45.1 and 45.2(2). Wengert’s false certification regarding her trust account was conduct involving dishonesty, fraud, deceit or misrepresentation in violation of rule 32:8.4(c). Wengert neglected a client matter when she failed to file her client’s proof brief. She was notified of the default, fined $50 and given 15 days to cure the breach. Wengert ignored the notice and the appeal was dismissed. The court concluded that this violated rules 32:1.3 and 32:8.4 requiring an attorney to act with reasonable diligence and promptness and not to engage in conduct prejudicial to the administration of justice. Although the board and Wengert stipulated that she failed to provide competent representation in a federal civil rights case in which the complaint she drafted was poorly drafted, the court could not find, as the commission did, that she committed an ethical violation. The stipulation did not explain whether the client was harmed, and if so what the harm was or why the complaint was considered to be drafted poorly. The court determined that revoking Wengert’s license to practice law was the appropriate sanction. The court observed that misappropriating a client’s funds “will typically result in license revocation.” Wengert’s multiple violations required a more severe sanction than recommended by the commission. Wengert asserted that she no longer wanted to practice law. The court rejected this as a mitigating factor. The court also commented on Wengert’s attempts to cover up her actions and that her overall pattern of conduct made them believe that future misconduct was likely.
Sara R. Laughlin
Allison M. Lindner
Angelique M. Stacey
Sara R. Laughlin has joined the Newkirk Law Firm of Des Moines as its newest associate. Sara is a 2007 graduate of Drake University Law School and completed her undergraduate work at Gustavus Adolphus College in St. Peter, Minn., with a double major in English and Women’s Studies. She was admitted to the Iowa Bar in 2007 and is also admitted to practice before the US Court of Appeals, Eighth Circuit, and the US District Courts, Northern and Southern Districts of Iowa. She has and will continue to practice in the areas of employment law and civil litigation.” Allison M. Lindner has joined the Des Moines-based firm of Dickinson, Mackaman, Tyler & Hagen, P.C. as an associate and a member of the firm’s Banking, Business & Corporate Law Group. Allison received her J.D. from the University of Iowa College of Law and her B.S. from Iowa State University. Prior to joining Dickinson as an associate, Allison worked as a summer associate at Dickinson, a volunteer for Iowa Legal Aid through the University of Iowa College of Law’s Citizen Lawyer Program, a legal intern for the University of Iowa Foundation, a legal intern for the Iowa Department of Inspections and Appeals, and a volunteer for the University of Iowa’s Student Legal Services. Angelique M. Stacey has joined the law firm of Schnell & Hancock, P.C. in Davenport as an associate attorney. Angelique received her B.S. degree with a double major in Accounting and Finance from Iowa State University in December, 2006 and became licensed as a CPA in March, 2009. She received her J.D. from the University of Iowa College of Law in May, 2010, and was admitted to the practice of law in Iowa in September, 2010. Prior to joining Schnell & Hancock, P.C. as an attorney, Angelique clerked with the firm for three years. William T. Toomey has joined the Iowa City law firm of Phelan, Tucker, Mullen, Walker, Tucker & Gelman, LLP as an associate. He received his B.B.A. in 2002 from the University of Iowa and J.D. in 2005 from the University of Iowa College of Law.
William T. Toomey
Contact: David A. Fini, Vice President email@example.com 515-557-1252 or Deb McCauley, Account Manager firstname.lastname@example.org 515-875-4274
Transitions Submissions only by e-mail
Copy deadline for Transitions is 30 days before the month of publication. Please follow the same style published here and keep submissions short and to the point. For new hires and promotions, the name of the law firm is not as important as the individual involved, so mention the lawyer first. Always submit a photo of the subject. If it is to be digital, please use the “.jpg” format only. Make all submissions in plain text or Microsoft Word “.doc” format via e-mail to email@example.com and please do not expect late submissions to be published immediately. We need at least a 30-day interval before publication. Include office phone number and name of the person furnishing the copy. Questions? Call Chris Fritz at 515-697-7873. Thank you for your assistance. the
Iowa Lawyer December 2010 27
E-mail submissions to the CLASSIFIED ADVERTISING section are requested. They save keystrokes, thus cutting down on our production time, and help to assure accuracy. Please follow the style of the ads appearing here, indicate the classification where you want your ad to appear and state how long the ad is to run. Each ISBA member of a private law practice receives two free insertions annually. Corporate and government attorney members of the association receive the same free privileges for their business, non-employer-related ads. If you have questions, call Steve Boeckman at 515-243-3179. E-mail your copy to firstname.lastname@example.org. The number appearing in parentheses after each ad is not a box number. It indicates the date the ad will be pulled from the magazine.
(TF) indicates the ad will run until we receive instructions to pull it. Deadline for submissions is the first of the month prior to the month of publication.
COMMERCIAL ADVERTISERS: For rates, or to place an ad, contact Alex Larson
(515) 238-4406; email@example.com.
Positions Available ASSOCIATE — North Central Iowa established law firm seeks an associate. Areas of work include real estate, contracts, probate, estate planning, taxation, bankruptcy, family law and litigation. Possible immediate partnership with an experienced attorney. Please send cover letter, resume and references to The Iowa Lawyer, Code 92810, 625 E. Court Ave., Des Moines, IA 50309, or email to firstname.lastname@example.org. Please include code number on envelope if mailing and in subject line if e-mailing. (1-11) ASSOCIATE — Established mid-sized West Des Moines firm is seeking an associate with a minimum of two years experience. Must have probate experience. Tax and other civil experience a plus. Our firm is a general practice firm so our ideal candidate will have a diverse legal background as one would find in a county seat practice. All replies held in strict confidence. Please send resume with cover letter to The Iowa Lawyer, Code 101210, 625 East Court Ave., Des Moines, IA 50309, or e-mail to email@example.com. Please include code number on outside of envelope if mailing and in subject line if e-mailing. (1-11) ASSOCIATE — Waterloo law firm seeking associate attorney. General practice with
YP S C I G A ON S C S es e b 8 S t A e e, 8 e o es o 3 9 5 5
Iowa Lawyer December 2010
emphasis in real estate, probate and business law. Mail or e-mail resume to Ken Nelson, Randall & Nelson, PLC, P.O. Box 1020, Waterloo, IA 50701; e-mail: firstname.lastname@example.org (1-11) ASSOCIATE — Have you considered opening your own law firm, but don’t want the administrative headaches or start up costs? Do you want to be part of a “clientcentered” A-rated firm located in West Des Moines? Would you like to “Get Things Done” for your clients as part of a team of supportive attorneys without the “big firm” drawbacks and overhead? If your answer to these questions is YES! we would like to talk to you about practicing with us. Please respond to The Iowa Lawyer, Code 101310, 625 East Court Ave., Des Moines, IA 50309. Please include code number on outside of envelope if mailing and in subject line if e-mailing. (1-11) VISITING CLINICAL PROFESSOR — The University of Iowa College of Law seeks a Visiting Clinical Professor to teach in our Clinical Legal Programs for 2011-12. The professor will be responsible for developing and implementing a clinical family assistance program made possible by a grant from the Iowa Children’s Justice initiative at the Iowa Supreme Court. The principal responsibility will be supervising students in the program who will represent parents involved in Child in Need of Assistance and termination proceedings in state courts in the Iowa City area. Teaching in our clinical classroom component will also be required. The position will also involve developing educational programs for lawyers and judges involved in the child welfare system. This is a twelve month position and the preferred start date is July 1, 2011. Candidates should have a J.D. from an accredited law school and an excellent academic record, be admitted to or eligible for admission to the Iowa Bar and have significant experience in the adjudication of child welfare cases. The position will require excellent research, writing, and organizational abilities. Salary and rank
will be commensurate with experience, within the range of law school visitorships. This is a full-time position, with benefits. The screening of applications will begin on December 15, 2010, and may continue until the position is filled. Please submit a cover letter, resume, writing sample and names of two references to: John B. Whiston, Clinical Professor of Law, University of Iowa College of Law, Iowa City, IA 52242. The University of Iowa is an Affirmative Action/Equal Opportunity Employer. (1-11) ASSOCIATE — AV-rated general practice firm in progressive SW Iowa county seat community seeks associate and eventual partnership. Practice experience not required. Submit resume to Olesen Law Firm PLC, Box 86, Greenfield, IA 50849; Fax 641-743-6129; email: email@example.com. (1-11)
Career Center ARE YOU SEARCHING for a new associate or law partner? Are you looking for a different full- or part-time position? Go to www.iowabar. org and click on the ISBA Career Center. (TF)
Experts Architecture and Construction Expert Witness — Architect, and Contractor, 34 years experience. Available to assist plaintiff or defense attorneys. Specializing in: • Building Codes Uniform Building Codes (UBC, UMC, UPC, UEC, UFC) – Americans with Disabilities Act (ADA) – OSHA – International Building Code (IBC) – Life Safety Code (NFPA 101) – Council of American Building Officials(CABO) • Industry Standards American Institute of Architects (AIA) – Associated General Contractors (AGC) – National Fire Protection Association (NFPA) – American National Standards Institute (ANSI) – American Society of Testing Materials (ASTM) – Underwriters Laboratories (UL Standards) – American Society of Refrigeration Engineers Association (ASREA) • Usual and Customary practices Safety – Owner – Contractor relations Undocumented agreements / Change orders / Cost overruns Workmanlike craftsmanship – Construction methods Licenses, Affiliations and Memberships: Architectural Licenses: Iowa, Nevada, Indiana – National Council of ArchitecturalRegistration Boards (NCARB) – International Conference of Building Officials (ICBO) – Iowa Association of Building Officials (IABO) –
National Safety Council (NSC) – Iowa/Illinois Safety Council (IILSC) – National Fire Protection Association (NFPA) John G. Kujac, NCARB • 515-795-4001 firstname.lastname@example.org • www.kujac.com (SE)
Miscellaneous FOR SALE — Vacation or year-round duplex unit for sale on Spirit Lake in the heart of the Iowa Great Lakes. Includes all furniture, dock and hoist. For details e-mail email@example.com (2-11) NOTICE: — Medicaid Recovery Programs: Casualty Lien Recovery – Iowa Code 249A.6 provides that the Iowa Department of Human Services has a lien against the recovery recipients obtain from third party tortfeasors. An attorney representing an applicant for, or recipient of, assistance on a claim upon which the department has a lien under this section shall notify the department of the claim. For further information, contact Michelle Greethurst, 515/256-4620. Estate Recovery — Iowa Code 249A.5(2) provides that the provision of medical assistance creates a debt due the department from the individual’s estate for all medical assistance provided on the individual’s behalf for those recipients 55 years of age or older or a resident of a facility. The personal representative or executor may be held personally liable for the amount of medical assistance paid on behalf of the recipient if a distribution is made without having executed the obligations pursuant to section 633.425. For further information, contact: Ben Chatman, 888/513-5186, 515/246-9841, www.iowa-estates.com. (SE)
Personal If depression, stress, alcohol or drugs are a problem for you, we can help. We are a non-profit corporation offering attorneys free help in a totally confidential relationship. We are the Iowa Lawyers Assistance Program. Under order of the Iowa Supreme Court, all communication with us is privileged and private. Our director is a former lawyer, a recovering alcoholic and drug addict. He is a trained substance abuse counselor and an Employee Assistance Professional (EAP). We cannot help unless you call — 515-277-3817 or 800-243-1533 — or message (in confidence) help@iowalap. org. All you have to do is ask us to contact you. No other details are necessary. We will call you. The Iowa Lawyers Assistance Program also can provide speakers for local bar associations. Just ask. (TF)
RESEARCH/TRADE FOR OFFICE SPACE — I am licensed in Iowa and Nebraska but have been out of actual practice for about five years, while teaching Business Law and Employment law. I would like to rejoin the legal community and am looking for a law firm in the Des Moines area that is willing to trade office space for a few hours a week of research or other legal work. This does not need to lead to future employment by the firm. If interested, please contact Cynthia Letsch at firstname.lastname@example.org. (2-11)
Paying $200 or more for a website? Don’t have a website? LawyerWebPros.com does them and for much less. We can take control of your website and save you money. Your website won’t change; service will improve and you will pay much less. There is no website we cannot build and host for you. Plans start at $50 per month. It’s easier to accomplish than you think, especially since we will provide the information content. We are an Iowa business. Call toll-free: 877-257-3968 or visit us at lawyerwebpros.com. (SE)
ATTORNEY — Experienced attorney looking to change career direction seeks position in Linn County or surroundingcounty area. First preference would be to join with an older practitioner or firm to work in the areas of family law, estate, and trust planning with an emphasis on elder law. Resume can be viewed at the Iowa Bar Association Career Center or contact via e-mail at email@example.com. (1-11)
Practice for sale
space available WEST DES MOINES OFFICE SPACE — Two-person AV-West Des Moines law office has third office space available to office share with one attorney in Century I Building. Space includes phone system with voice mail, copier/fax/scanner, high speed internet, unlimited long distance, kitchen, 2 conference rooms, free parking, receptionist, secretary assistance as needed, utilities and cleaning. For information, call (515) 225-1100. (SE)
PRACTICE FOR SALE — James E. Graham, Graham Law Office, Nevada, with 45 years exclusive economic development eminent domain practice looking for a partner to purchase this practice and to own and team-teach nine professionally accredited Land Acquisition Design (LAD) Economic Development and Eminent Domain training courses. For further information see the website grahamlad.com. Immediate partnership possible. All inquiries will be kept confidential. Please submit cover letter, resume, and references to James E. Graham, 63150 – 270th St. Nevada IA 50201. (2-11)
Lots for sale IOWA’S LITTLE SWITZERLAND — This beautiful bluff-side NE Iowa property, approximately 2 acres m/l, overlooks the scenic Mississippi River. The potential for development into single-family homes or condos is excellent as it is presently platted as city lots with city streets and utilities. The lots are within walking distance to the marina with boat slips and gasoline available on the river; the state boat ramp is across the road and down the hill. Fishing is varied and abundant throughout the seasons, and there are many public hunting areas for grouse, turkey, deer, and waterfowl within easy access of Lansing. For further information, please contact: John O. Reich, Reich Law Firm: 515-993-4254. (1-11)
Iowa Lawyer December 2010 29
How to contact your bar staff Advances in technology have made it easier than ever to get in touch with the correct staff person at The Iowa State Bar Association. No longer do you have to go through a central number and ask for an individual. Direct dial phones and individual e-mail addresses enable you to reach any individual within the association quickly and easily. One of the big issues still, of course, is who do you contact for which questions. We’ve put together the following directory listing a variety of subjects with the appropriate staff person to address those subjects. Undoubtedly we haven’t listed every subject. We’re hoping, though, that the directory will give you a better idea of who to go to for assistance. If you can’t find a subject area that matches your question, you can always call the ISBA’s general number (515-243-3179) between the hours of 8 a.m. and 4:30 p.m., explain your question to whomever answers the phone and let that person help direct you to the right individual.
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Iowa Lawyer December 2010
Kudos to … Congratulations to the following individuals and firms for the awards and/or recognition they’ve received:
Paul McLaughlin, in-house counsel for the Iowa Association of Realtors, for being this year’s recipient of the O.G. Powell/Joan Ballantyne Distinguished Service Award from the Iowa Association of REALTORS (IAR). The award honors individuals who have given long-term and outstanding service to the real estate industry. A graduate of Drake University Law School, Paul is active in numerous civic organizations in addition to his work as an attorney and with the IAR. Norene D. Jacobs, senior partner in the Des Moines office of Kutak Rock LLP, for receiving the first Des Moines Health Care Lawyer of the Year award from The Best Lawyers in America. Norene has practiced in the area of health law in Iowa for more than 30 years. This is the first year that The Best Lawyers in America publication is designating Lawyers of the Year in high-profile specialties in large legal communities. Only a single lawyer in each specialty is honored each year. Ahlers & Cooney, P.C., Des Moines, for having 15 of its practice areas and 11 of its attorneys recognized in the U.S. News and Best Lawyers joint inaugural edition of “Best Law Firms” rankings. The rankings were based on surveying thousands of law firm clients, leading lawyers, law firm managers, partners, associates and marketing and recruiting officers. Michael B. Devine, who has been appointed full-time Senior Lecturer in Law at the University of Northumbria at Newcastle School where he teaches on the LLM in International Commercial Law and the Michael B. Devine, LLM in International Trade Law degree programs. An attorney in Iowa and New York, he maintains an accommodation address in Des Moines for the practice of law in the United States. A barrister in England and Wales, Northern Ireland, and Ireland, he maintains a door tenancy for the practice of law in the European Union with Rougemont Barristers’ Chambers, Exeter, England, and he is a Fellow in International Commercial Arbitration of the Chartered Institute of Arbitrators in London. Michael earned his BA from St. Olaf College in 1976, and joint J.D. and M.P.A. degrees from Drake University in 1980. the
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D R E W L A W F I R M P. C . P R A C T I C I N G P R I M A R I LY I N W O R K E R S ' C O M P E N S AT I O N & P E R S O N A L I N J U RY L AW Wo r k i n g w i t h I o w a l a w y e r s a s c o - c o u n s e l for over 21 years.
N e e d hel p wi th a personal i nj ury or workers' c omp ensati on case? Gi ve m e a cal l at ( 8 6 6 ) 712-2254 or vi si t w w w. i owaWCreferral attorney. com or w w w. i owaPI referral attorney. com for FAQ. TO M L . D R E W Past President, Iowa Trial Lawyers Association 2005 Past President, C. Edwin Moore American Inns of Court 2005 Past Chair, Litigation Section Iowa State Bar Association 2007-2008 President Elect, American Board of Trial Advocates (ABOTA) Fellow, Iowa Academy of Trial Lawyers Member, Iowa Association of Workers' Compensation Lawyers (IAWC) Million Dollar Advocates Forum (www.milliondollaradvocates.com ) Drew Law Firm P.C., 554 28th Street, Des Moines, IA 50312-9403 Fax: (515) 323-5643 Email: firstname.lastname@example.org