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ALSO IN THIS ISSUE Ethics opinion: Fee splitting & profit sharing • Meet new Secretary of State • Apply now for committees and sections • Disciplinary action •
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THE
CONTENTS
Volume 71 Number 1 January 2011 Published at 625 East Court Des Moines, Iowa 50309 Steve Boeckman, Editor 515-697-7869
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.
President’s letter: Top 10 list for the New Year – Carroll................................. 4 Going the distance on Fall Traveling CLE (photo & caption). ............. 5 2011 legislative session promises to be interesting – Carney........................... 6 2011 Affirmative Legislative Program............. 8 Transitions........................................................ 9 Admission on Motion........................................ 9 Apply now for 2011-12 committees, section councils – Waterman................... 10 Duties and responsibilities of committees and sections............................ 11 Application form for committees and sections................................................ 14 BOG finalizes legislative agenda, acts on judicial retention issues......................... 15
Postmaster: Send address changes to The Iowa Lawyer, 625 East Court, Des Moines, IA 50309.
THE
The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave., Des Moines, IA 50322. Telephone (515) 270-0402. Art Director: Melissa Thompson
Volume 71 Number 1 January 2011
Classified Advertising Qualifying ISBA members – 2 months free; $75 thereafter Non-members – $110 for 100 words per insertion. See classified section for details. For Display Advertising Rates Contact Alex Larson (515) 238-4406, or alex@larsonent. com, or write: The Iowa Lawyer, Larson Enterprises, 909 50th St., West Des Moines, IA 50265. Communicating with The Iowa Lawyer online: Send your comments and Letters to the Editor to sboeckman@iowabar.org. Please include your daytime phone number should we need to contact you with an answer or for verification. Executive Director Dwight Dinkla’s electronic mail address is ddinkla@iowabar.org. Assistant Executive Director Harry Shipley’s address is hshipley@iowabar.org.
ALSO IN THIS ISSUE • • • •
Resolution honoring deceased members...... 18 Tax school door prize winners (photo & caption).................................... 18 Bar Foundation directors approve grant, Fellow at meeting............................. 19 CLE opportunities........................................... 20 Supreme Court’s Civil Justice Reform Task Force asks for survey help................. 24 Thank you to these speakers......................... 24 Adoption day means “Forever Families” for lucky children........................................ 25 Ethics opinion: Fee splitting and profit sharing – Critelli.............................. 26 Disciplinary Actions........................................ 27 Classified ads................................................. 28 New secretary of state is first attorney in 30 years – Boeckman. ........................... 30
Ethics opinion: Fee splitting & profit sharing Meet new Secretary of State Apply now for committees and sections Disciplinary action
About the cover Iowa’s State Capitol can expect late-night activity in the not-too-distant future as the first of two sessions of the 84th general assembly ramps up in coming months. Veteran ISBA legislative counsel, Jim Carney, predicts the 2011 session will have special challenges, in part because 38 — or about 25 percent — of the representatives and senators will be new. Read Jim’s take on the new session on page 6 of this issue. The ISBA’s 2011 Affirmative Legislative Agenda starts on page 8.
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
Decorah Dubuque
563-382-2959 563-557-8400
District 1B David Roth Beth Hansen
Waterloo Cedar Falls
319-233-6163 319-232-6555
District 2A Scott Brown Karl Nelson
Mason City Shell Rock
641-423-6223 319-885-4346
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
Emmetsburg Sibley
712-852-4215 712-754-4654
District 3B Daniel Hartnett Patrick Murphy
712-277-4561 712-546-8844
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
712-256-1400 712-374-2751
District 5B Arnold (Skip) Kenyon Creston
District 8A Richard Gaumer Allan Orsborn
Ottumwa Ottumwa
641-682-7579 641-682-5447
641-782-7007
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
319-372-7774
Iowa Judges Association Representative: Honorable Nancy Tabor Immediate Past President I.J.A. Legislative Counsel: James Carney Des Moines
515-282-6803
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 January 2011 3
The President’s Letter – Frank Carroll
Top 10 list for the New Year
Welcome to 2011! It is a time for new beginnings, for making resolutions, and taking stock of our lives, both professional and beyond. Last fall I was asked to speak at the swearing-in ceremony of new attorneys in Iowa — people who had just passed the bar and were at the dawn of their professions. I presented them with a top-10 list of things I thought new attorneys should know and do. But the more I think about the
list, the more I realize it is a list that all of us, no matter at what point we are in our profession, need to keep in mind, review occasionally and maybe even make a part of our new year’s resolutions. So here goes: 10. Take the long view. Today’s work influences tomorrow’s results. Do not cut corners. Do all things the right way — the way you would want them done for you. 9. Learn from and teach others. I’ve learned from a few valuable mentors. For newer attorneys, find a mentor or two, and observe how they work with colleagues, clients and opposing counsel. Ask questions. And for the experienced attorneys, be a mentor. Take time to guide your associates or other new attorneys, and make time to answer their questions.
8. Follow the Golden Rule. Treat others as you would like to be treated. This simple ethical code will help you in many difficult situations in your professional and personal life. Do not be a jerk. Be nice. Play well with others. Civility, professionalism and ethical behavior will pay off in the long run. This applies not only to your fellow attorneys and judges but also, and more important, to your clerical staff. 7. Check voicemail and e-mail often. The most frequent complaint about attorneys is that they do not communicate enough with their clients. Emergencies unfortunately don’t always happen between 8 a.m. and 5 p.m. Check voicemail and e-mail often and reply immediately just to let the person know that you received it and will get back to
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Iowa Lawyer January 2011
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them. Keep your client informed. Stay connected and be responsive when people ask for help. 6. Strike while the iron is hot. Check in with yourself and make sure you’ve chosen an area of practice that interests you. If not, expand your practice; grow into an area you prefer. Look for new areas. Right now experts on Dodd-Frank and Health Care Reform are needed. The practice of law is always changing. Be proactive, look for the next big thing, and build your expertise. 5. Learn from your mistakes. While a book can be written about my mistakes, volumes can be filled about what I’ve learned from them. Everybody makes mistakes. This is a time for self-reflection — do not worry unnecessarily. Find a mentor or colleague you can confide in. Take mistakes as an opportunity to improve your work and relationships with your peers and clients.
4. Be interested. A client may ask for your help on a mundane matter. Show them your attention and make them feel like you are going to take ownership of the project. Each new matter should be treated as an opportunity, not a task. Ask your clients about their businesses. Show an interest in their work. You never know once you get into it, you may actually find it IS interesting after all. 3. Get involved. I’ve been involved with The Iowa State Bar Association for 37 years, and it has given me many opportunities including the opportunity to write this letter. There are a lot of good organizations that need your help. Volunteerism works. Develop new friends. Diversify your interests. Develop your social skills. Help others. Get to it and make a difference. 2. Enjoy time away from the practice. I take full advantage of this maxim, and my colleagues and assistant
thank me for it. Work hard, but also enjoy the fruits of your labor with your family and friends. You will need to get recharged. 1. Don’t be afraid to ask for help. To this day, I will ask my partners and associates alike for assistance. As my wife will tell you, I’m not an expert on anything, but I know who to ask for help to make me look good. I know that pep talks can get old quickly, but I really do want you to take a moment to think about the career you’ve chosen. The legal profession is a noble one, and it can be a very rewarding one if you do it right. Remember your values, keep in mind what is truly important, and most of all, have a happy, healthy 2011.
Fall Traveling Seminars Past President Nick Critelli (left) and Executive Director Dwight Dinkla hold up a tee shirt presented to Critelli for his contributions to the 2010 Fall Traveling Seminars. Critelli presented a 90 minute ethics program in seven state-wide locations shown on the map on the shirt. the
Iowa Lawyer January 2011 5
2011 legislative session promises to be interesting By James Carney, ISBA Legislative Counsel I’ve had the privilege of representing The Iowa State Bar Association (ISBA) as legislative counsel since 1975. Every session has been interesting and challenging, but the 2011 session will have special challenges. As everyone knows, the November election was not kind to Democrats. Here in Iowa and across the country, Democrats were voted out of office. According to Bill Pound, an expert on state legislative races with the National Conference of State Legislatures, from Ohio to Idaho there are only three legislative bodies
that remained Democrat: the Illinois House and Senate, and the Iowa Senate. Everything in between is all Republican. In Iowa, the House went Republican 60-40. The Senate remained Democrat 26-23 with a special election pending. In Iowa, there will be 29 new House members and nine new Senate members, for a total of 38 new legislators. With this kind of turnover, who needs term limits?
Speaker of the House: A lawyer
For the first time in more than 40 years, the Speaker of the House will be a lawyer.
Representative Kraig Paulsen from Hiawatha will become the Speaker of the House during the 2011 legislative session. Kraig had previously served as the Minority Leader and had also served as House Judiciary Chair. With the Republicans having a 60 to 40 advantage in the House, the Republicans should have sufficient votes to pass their priorities. Also of interest is that Linda Upmeyer, from Garner, will serve as the House Majority Leader. Linda is the first woman to be elected House Majority Leader. Politics are in her blood, as her father, Del Stromer, was formerly Speaker of the House.
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great deal of experience to the chairmanship. The House Judiciary Committee is expected to study the State Judicial Nominating Commission process. The Senate Judiciary Committee will be chaired by Senator Gene Fraise. Gene is from Fort Madison and a non-lawyer. According to the Legislative Information Office, this will be the first time in the history of the legislature that a judiciary committee has been chaired by a non-lawyer. Gene is, however, a veteran legislator with considerable experience on the Judiciary Committee, as well as Justice Appropriations. The Justice System Appropriations Subcommittee is a joint committee of House and Senate members. It is the committee that funds the judicial branch, indigent defense and legal aid. The Senate chair will be Tom Hancock of Epworth. Tom has chaired the Senate Justice Approps Subcommittee the last two years. The House chair will be Gary Worthan from Storm Lake. Gary has been a member of the House Justice Approps Committee.
affirmative legislative programs of any interest group in the state. Normally, the ISBA has anywhere from 15 to 20 proposals each legislative session. The Family Law, Real Estate and Title Law, Criminal Law and Probate, Trust & Estate Planning Sections are among the ISBA sections that have legislative proposals for this coming session.
All politics is local
The famous quote by Speaker Tip O’Neill that “all politics is local” is very important to remember. Iowa legislators are responsive to constituents. Far too often constituents fail to appreciate the importance of communication with legislators. Even though a legislator may not agree with you 100 percent of the time, we can assure you that they do value contacts from back home and they are concerned about their constituency. During the time I have had the privilege of representing the ISBA, the method and form of communication with legislators has changed dramatically. From snail mail days and land-line phones to Affirmative legislative program e-mails and cell phones, communication The ISBA Board of Governors (BOG) is has become much easier. Whether it is in the process of approving the legislative by snail mail, fax, calls to the Capitol or proposals for the 2011 session. Legislative contacts back home, we encourage you to proposals are prepared by various secmaintain communications with your local tions, presented to the BOG for approval legislators. A chart outlining how you may and adopted as a part of the ISBA legislacontact your local legislators at any time tive program. A chart outlining the ISBA on any given issue is on page 9. Better yet, affirmative legislative program appears on why not invite them to your office for cofpages 8-9. fee or personally meet with them in some The ISBA has one of the most aggressive
manner while they are back home in the district and thank them for their public service and discuss issues of importance with them. Thank you for your great support of the ISBA legislative efforts. For those members who have contributed to LawPAC, we thank you for the resources to fight the fight on behalf of the entire ISBA. If you have any questions regarding the ISBA affirmative legislative program or any other legislative matter, please feel free to contact me at 515-689-3189, or Jenny Tyler at 515-282-6803 at any time.
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Iowa Lawyer January 2011 7
IOWA STATE BAR ASSOCIATION — 2011 Affirmative Legislative Program Bill No. Bill Subject
Bill Description
Horizontal Property (Condominium Law)
Amends Code Chapter 499B to provide for a more fully developed system of governance for horizontal property regimes (i.e., provisions for confidential records, privileged meetings, emergencies). Addresses the types of plans and certificates that are required to be placed of record. Requires differentiation between projects that are complete and not complete. Provides for methods of amending the governing documents, including provisions for dealing with unresponsive unit owners or lenders.
Mineral Rights
Makes the provisions of Code Section 614.24 applicable to mineral rights in order that dormant mineral rights either be developed after a reasonable period of time or extinguished. Unless preserved as required by the Code Section, mineral rights (except as to coal) expire in 21 years. Mineral rights in existence on the effective date of the statute may be preserved by filing a claim by the owner within 3 years after the effective date of the Act.
Procedures for Updating County Land Ownership Records
Replaces Code Section 558.66 with a new section providing for a voluntary mechanism to update the administrative records of the auditor, assessor, and treasurer when there is a merger, consolidation, or name change. Provides a method of updating the name of a fiduciary on county records. Allows for a “change of title affidavit” for or on behalf of any surviving joint tenant and any remainderman upon the death of the life tenant.
Certified Mail Service on Foreign Corporations
Amends Code Section 490.1510 to provide that a foreign corporation with no registered agent in Iowa may be served, with respect to an action, statutory notice, or demand against its property interests, by certified mail, return receipt requested, at its principal place of business.
Foreclosure of Real Estate Mortgages
Amends Code Section 654.5 to allow a successful bidder at a sale to elect to receive, in lieu of sheriff’s deed or certificate of purchase, an assignment of the judgment creditor’s interest in the judgment, and any policies of title, property and similar insurance or guaranty owned by the judgment creditor in respect of the property.
Judgment Lien Release
Amends Code Sections 624.23(2)(c), 624.37, and 631.1 concerning requirements for obtaining a judgment lien release, and penalties for failing to acknowledge satisfaction of the judgment lien by the party receiving the proceeds.
Construction Law – Public Improvements
Amends Code Section 573.15 to provide additional protection to general contractors and subcontractors or material suppliers.
Probate/Trust Law
Contains update amendments to Iowa Probate Code, Trust Code, Inheritance Tax Chapter, Medical Assistance Trusts Chapter.
Taxation
Amends Iowa Code Section 422.7(21)(a)(1) to extend the Iowa capital gains exemption on the sale of a business held 10 years or more to sales of stock or other equity interests in addition to a sale of assets of the business.
Sentencing Factors
Amends Code Section 907.5 to specify that a defendant’s mental health and substance abuse problems be considered by the sentencing court as factors in determining whether to defer judgment, defer the sentence, or suspend the sentence. Requires the court to consider treatment options available in both the defendant’s community and the correctional system.
Presentence Investigation Reports
Amends Code Section 901.3 to require presentence investigation reports to contain information on substance abuse and mental health treatment options available in both the offender’s community and in the correctional system.
Juveniles & Class “A” Felony
Amends Code Section 902.1 to provide life with parole with a 25-year mandatory minimum for offenders who are convicted of committing non-homicide Class “A” felonies as juveniles.
Assault as General Intent Crime
Amends the elements of the Assault statute (Code Section 708.1) to return Assault to its traditional characterization as a general intent crime.
Youthful Offender Program
Amends Code Sections 232.8(3) and 232.45(7)(a)(1) to permit a participant in the Youthful Offender program to be eligible for a deferred judgment and limit application of the Youthful Offender provisions to children 13, 14, or 15 years of age.
Waiting Period for Dissolution Decree
Amends Code Section 598.19 to give the court discretion, upon agreement of the parties, to waive the 90-day waiting period before a dissolution decree can be entered.
Bill Status
Last updated: 12/16/10
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TRANSITIONS
Robert (Bob) L. Rafferty
assisting with the preparation and prosecution of patent applications, the filing and prosecution of trademark registrations, licensing of intellectual property, litigation of intellectual property matters, and counseling clients on patent, trademark, copyright and trade secret matters. Jason was an intellectual property attorney with Dorsey & Whitney LLP in the Des Moines office prior to joining Lathrop & Clark. He earned his B.S. in Biochemistry, with honors, from Indiana University in 1996, and his J.D., with high honors, from Jason M. Hunt Drake University Law School in 2001. His general practice includes, but is not limited to, patent, trademark, copyright prosecution, as well as the enforcement, defense, licensing, transfer and diligence of intellectual property assets.
has joined Brick Gentry P.C. of West Des Moines as a shareholder. Bob served as President of the Rafferty Group, where he worked closely with elected and appointed government officials on strategic policy initiatives. Robert L. Rafferty He is a former chief of staff and Director of the Department of Management under Governor Terry E. Branstad. Bob previously served as a state legislator and practiced with Stanley, Lande and Hunter P.C. in Davenport and Muscatine. His focus will be in governmental relations.
Sarah A. Reindl has joined the firm of Pappajohn, Shriver, Eide, & Nielsen, P.C. in Mason City as an associate. Prior to joining Pappajohn, Sarah practiced at a medium-sized law firm in Saint Paul and served as in-house corporate/employment Sarah A. Reindl counsel for a large restaurant company. Sarah will engage in the general practice of law with an emphasis in litigation and employment law. She is admitted to practice in both Minnesota and Iowa.
Abbey C. Furlong and Samuel J. Skorepa have joined the Davenport law firm of Lane & Waterman LLP as associates. Abbey
Elias R. Swanson and Jason M. Hunt have joined the Madison, Wisc. law firm of Lathrop & Clark LLP. Prior to joining Lathrop & Clark, Eli was an intellectual property attorney with Dorsey & Whitney LLP in the Des Moines office. Eli earned his B.S. in Paper Science and Engineering from the University of Wisconsin-Stevens Point in 1999, and his J.D. from Drake University Law School Elias R. in 2008. His general practice Swanson includes, but is not limited to,
Abbey C. Furlong
Samuel J. Skorepa
received her J.D. in 2010 from the University of Iowa College of Law. She received her B.A. in English, Spanish and International Studies in 2007 from the University of Iowa. She is a member of the Scott County, Iowa State and American Bar Associations and the Defense Research Institute. Samuel received his J.D. in 2010 from Creighton University School of Law. He received his B.A. in Business Administration, Finance, in 2007 from the University of Iowa. He also is a member of the Scott County, Iowa State and American Bar Associations.
Ashley Dose
Ashley Dose has joined the international law firm of Dorsey & Whitney LLP as an associate in the healthcare practice in the firm’s Des Moines office. Ashley received a B.A. from the University of Northern Iowa in 2006 and her J.D. from Drake University Law School.
ADMISSION ON MOTION
The following individuals have applied for admission on motion to the Iowa Bar. Jeanette E. Dennis, Woodland Hills, Calif.; David Burlage, Iowa Health System (currently licensed as house council), Des Moines; Terry Stratton, Loveridge and Stratton, Palm Desert, Calif.; Aaron Lee, Federal Home Loan Bank of Des Moines (currently licensed as house council), Des Moines; Angela Onwuachi-Willig, University of Iowa College of Law, Iowa City; Joseph Engles, Omaha, Neb.; 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.
In addition to the legislative proposals on the previous page, The Iowa State Bar Association supports the following positions as a part of its 2011 Affirmative Legislative Program: 1. 2. 3. 4.
Full funding of the Judicial Branch. Adoption of legislation providing for an automatic, periodic increase in indigent defense fees. Full funding for Legal Services. Child abuse prevention and treatment efforts and full funding for child abuse
How to contact your legislator
Today it is very easy to communicate with your elected representatives. You can do it by mail, phone, e-mail or by meeting with them in your home district.
PHONE
SENATORS: Call 515-281-3371 to reach the Iowa Senate switchboard. REPRESENTATIVES: Call 515-281-3221 to reach the Iowa House switchboard.
Web access See calendars of legislative meetings, track legislation, find your lawmaker, and even listen to live debate on the General Assembly’s web site at www.legis.state.ia.us.
5. 6. 8.
prevention and treatment. Opposition to the legalization of title insurance. Opposition to any proposal to restrict lawyer abstracting under Iowa Title Guaranty. Opposition to absolute immunity legislation.
E-Mail All legislators have the same format for their e-mail addresses. It’s their first names (.) last name @ legis.state.ia.us. A list of Iowa legislators and their e-mail addresses, as well as home contact information, is on the web at www.legis.state.ia.us. Click on “Legislators.” All legislators read their e-mails. It is a great way to communicate with them. U.S. Mail
Address correspondence to members of the Legislature at State Capitol, Des Moines, IA 50319.
general information
Legislative Information Office 515-281-5129. the
Iowa Lawyer January 2011 9
Deadline is Feb. 18, 2011—
Apply now for 2011-12 ISBA committees, section councils As president-elect, it is both a privilege and a responsibility to appoint members to serve on The Iowa State Bar Association’s committees and section councils and to assist the supreme court in appointing members to its boards and commissions for 2011-12. Members of these bodies are the lifeblood of our association, because it is through teamwork that many of the ISBA’s goals are accomplished. I invite and encourage each member to seek active participation in one or more of our committees and section councils. Applications for Supreme Court boards and commissions will be published at a later date. An application form is included on page 14 if you wish to copy and mail or fax it. You also can apply online by going to the ISBA website (www.iowabar.org), clicking on “Member Groups,” then on “Committees” or “Sections.” There you will find a link to volunteer. For your convenience, a description of each committee and section with vacancies for Fiscal Year 2011-12 can be found on pages 11-13 of this issue. You can also read the descriptions by clicking on the committees or sections of interest using the procedure described above. As a committee or section council member, you will find that you make new friendships with lawyers across the state,
many of whom have interests similar to yours. These friendships will benefit you personally and professionally for many years to come. Committee appointments are not for a specific term and the membership of each committee is determined annually. Even if you are now serving on a committee, please re-apply. We need to know if you are still interested in serving. Section council appointments are for a term of three years with a maximum of two terms. Section council members set the policies and serve as the governing bodies for the sections. Retiring council members are not eligible for reappointment until they have been off the council for one year. However, if you are a retiring council member, you may apply for another council of which you are a section member, or for any committee. Supreme Court Board and Commission appointments have specific terms, and vacancies are filled accordingly. To ensure that the ISBA receives maximum benefit from your talents and abilities, we ask that you attend all meetings and that you be an active participant in the agenda and activities. You will note on the application form that the requested information regarding gender, age and ethnic background is optional. The ISBA bylaws provide that
appointments should be made after taking these factors into consideration, as well as geographic location and the nature of your practice. My goal is to make the membership of each body as nearly representative of the membership of the association as possible based upon these factors. To that end, I urge you to provide the optional information. In some cases, the number of interested applicants is greater than the number of positions to be filled. Your chances of being appointed are greater if you indicate several choices on the application form, but no more than three. In addition, if you have applied in the past, but have not been appointed, please apply again. Now is the time and opportunity for you to help fulfill the mission of the ISBA. All applications must be submitted by Feb. 18. Please join me and the other members of our association in serving both the legal profession and the public. Thank you in advance for your leadership and efforts in helping maintain our association as a vibrant and progressive organization. Sincerely,
Bob Waterman President-Elect
Real Estate Transactions March 25, 2011 Neal and Bea Smith Legal Clinic For more information:
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Iowa Lawyer January 2011
24th & University Ave. Des Moines, IA 50311
Duties and responsibilities of committees and sections Committees
Law Practice Management
Has jurisdiction of all questions in the field of American citizenship and of the American form of government with respect to education and understanding of both the privileges and responsibilities thereof. It may make awards to students and others, recognizing excellence in American citizenship.
Provides an organization available to lawyers who are concerned with the improvement of the means and methods by which the practice of law is conducted and studies developments in legal systems, equipment, procedures and such other areas as the committee may select. Recommendations are disseminated through seminars, publications, and by such other means as the committee may select.
Annual Meeting Committee
Legal Aid Committee
American Citizenship Committee
With the advice and consent of the president, and with the assistance of the headquarters staff, makes arrangements for the annual meeting of the association, including the programs and entertainment to be presented in connection therewith.
Appellate Practice Committee
Works to improve the appellate practice and interface with the restructuring efforts of the Supreme Court.
Bench Bar Committee
Plans and sponsors a bi-annual conference between members of the judiciary and members of the association, at which matters of common interest are discussed and ideas exchanged for the betterment of the practice of law in the courts, and for the improvement of the administration of the Iowa system of justice.
the use by District Court Clerks in Iowa standardized uniform legal forms in legal proceedings.
Legal Heritage Committee
Collects all data obtainable touching upon the past history of the Bar of Iowa and the members thereof, receives all papers and data referred to it and, subject to the approval of the Board of Governors, arranges such matter for publication.
Membership Committee
Concerns itself with the means and methods by which members of the association provide legal aid to indigent persons. Coordinates activities with other pro bono groups when possible and reports to the Board of Governors its recommendations.
Responsible for soliciting for membership in the association, all eligible persons as stated in the Policy of the Association contained in Section 2 of Article III of the by-laws. Works with the secretary and the headquarters staff, when requested, in the collection of delinquent dues.
Legal Forms Committee
Military Affairs Committee
Prepares and submits for distribution to members of the association such legal forms as it deems proper, subject to the approval of the Board of Governors; studies ways and means of bringing about
Provides communication and understanding of military-civilian issues and relevant laws affecting military service members, veterans and the general public ; provides a forum where members can share
Ethics & Practice Guidelines
Evaluates issues involving the ethical practice of law for compliance with Iowa’s Rules of Professional Conduct and other professional responsibility directives. Issues ethics opinions.
Federal Practice Committee
Deals with matters of concern to lawyers practicing in the Federal Court system. Sponsors continuing legal education events satisfying the federal continuing legal education requirements, and updates from time to time the Federal Practice Manual.
Iowa Jury Instructions
Studies and produces drafts of recommended uniform jury instructions for the approval of the Board of Governors. Monitors published instructions and modifies them from time to time as required.
Judicial Administration
Studies and reports from time to time on ways and means to improve the administration of justice. the
Iowa Lawyer January 2011 11
research, source materials and experiences; sponsors military affairs programs and projects of special interest and relevance to the members of the committee, The Iowa State Bar Association , the military community, and the general public.
Professionalism Committee
Studies and reports to the Board of Governors on problems relating to the perceived decline in professionalism; recommends methods and means by which lawyers will be encouraged to strive for higher goals of professionalism and will develop a greater appreciation for its importance in the practice of law.
Public Relations Committee
Works closely with the director of communications and the secretary to improve the relationships between the association and the public, the media, other professional groups, and government officials and agencies. The objective of this committee shall be to create and maintain a good public image of the legal profession and of this association.
Women and Minorities Committee
Continues the work of the study committee which preceded it and assists the Board of Governors in assuring fair treatment and opportunities for all attorneys practicing in the state.
Mediator training 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 amta@dwx.com. 12
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Sections Administrative Law Section
Provides an organization in which members who have an interest in administrative law and procedure, both federal and state, can meet for discussion and exchange of ideas to better enable members to practice effectively in this field; reviews proposed legislation.
Agricultural Law Section
Provides an organization in which members who have an interest in agricultural law can meet for discussion and exchange of ideas; reviews legislation affecting this area of the practice and proposes new legislation or the repeal of undesirable laws; keeps its members informed of new developments and enables them to practice effectively in this field.
Alternative Dispute Resolution Section
Studies and reports to the Board of Governors from time to time its recommendations for implementing alternative methods of dispute resolution, recognizing the problems caused by the increasing delays and rising costs of the conventional resolution of disputes through the court system.
Business Law Section
Provides an organization in which members who have an interest in corporation, banking and business law can meet for discussion and exchange of ideas; monitors developments in legal fields having particular application to corporations, banks, and other business entities; informs the membership of changes made or needed in legislation and regulations of these fields; conducts CLE and other events enabling its members to more effectively practice in these fields.
Commercial and Bankruptcy Law Section
Provides an organization in which members who have an interest in commercial and bankruptcy law can meet for discussion and exchange of ideas; studies ongoing developments in the areas of the UCC and the Bankruptcy Code and reviews and researches desired changes; keeps its members advised through periodic reports and newsletters; provides assistance at CLE events in these fields.
Construction Law Section
Provides an organization in which members who have an interest in construction law and related areas can meet for discussion and exchange of ideas, to monitor development in legal fields having particular application to construction law. Informs members of changes made or
needed in legislation and regulation of this field. Conducts continuing professional education events and other events enabling its members to more effectively practice in this field.
Corporate Law Section
Provides an organization in which members who have an interest in corporate counsel can meet for discussion and exchange of ideas; informs attorneys in corporate law departments of current developments in corporate law department practice and procedure; makes available practical information on the function, organization and operation of corporate law departments for attorneys practicing or contemplating practice in corporate law departments in the state of Iowa; and provides an opportunity for Iowa attorneys to exchange views on corporate law practice and procedure and on those areas of substantive law having a bearing on the activities of corporations or the functions of a corporate law department.
Criminal Law Section
Provides an organization in which members who have an interest in criminal law can meet for discussion and exchange of ideas; provides a forum for prosecutors, defense lawyers, judges and other interested persons to meet and consider the operation of the criminal justice system; reviews legislation; encourages a high standard of ethical conduct on the part of members of the profession participating in the criminal justice system.
eCommerce Section
Provides an organization in which members who have an interest in activities leading to and constituting commerce using electronic means can meet for discussion and exchange of ideas; reports to the ISBA members on matters that would concern the legal profession concerning commerce using electronic means.
Environmental and Natural Resource Law
Provides an organization in which members who have an interest in environmental and natural resources law can meet for discussion and exchange of ideas; provides educational materials and programs leading to increased knowledge and understanding of environmental and natural resources law by members of the association in the areas of air and water pollution, hazardous and toxic wastes, and other similar topics.
Family and Juvenile Law Section
Provides an organization in which members who have an interest in family and juvenile law can meet for discussion
and exchange of ideas; studies existing and emerging problems in the fields of family and juvenile law; makes recommendations regarding legislation when appropriate; assists its members in dealing more effectively with their practices in these areas.
General Practice Section
Provides an organization in which members who have an interest in general practice can meet for discussion and exchange of ideas; promotes professional excellence among those engaged in the general practice of law by formulating projects to enhance professional competence; acts as a medium through which ideas, relative to general practice, may be facilitated and provides a means for implementing those ideas.
Government Practice Section
Provides an organization in which lawyers representing municipal, county, state or federal governments, or agencies thereof, in civil or criminal matters, can meet for discussion and exchange of ideas; encourages and promotes seminars and publications providing current information of interest to its members.
Health Law Section
Provides an organization in which members who have an interest in health law can meet for discussion and exchange of ideas; studies and reports to the membership developments in the area of health law and recommends legislation or the repeal of existing legislation when appropriate; engages in such other programs and activities as will enhance the practice in this field of the law.
Intellectual Property Law Section
Provides an organization in which members who have an interest in patent, trademark and copyright law can meet for discussion and exchange of ideas; enhances the professional capabilities of Iowa lawyers who devote their time especially to the practice of patent, trademark and copyright law and associated areas; disseminates information about these areas of law to other lawyers and to interested business persons, authors and inventors, particularly as such information may affect their practices and the manner in which they conduct their affairs in Iowa, nationally or internationally; promotes improvement in the applicability of the principles pertaining to these areas of law, especially through legislative efforts; and facilitates communication among Iowa lawyers concerned with these areas of law.
International Law Section
Provides assistance to Iowa lawyers who have a question involving international law, as well as lawyers routinely practicing in the area. “International law” encompasses public or governmental law, such as dual
citizenship issues, passport and visa inquiries, the effects of treaties, as well as private law, such as law applicable to international transactions, business regulation, payments, and dispute resolution. Provides a forum for exchange of information for attorneys expert in the area, and serves as a resource for all Iowa attorneys who may be confronted with a question in the area of international law and who need assistance with finding the correct answers. Assists the association with all matters regarding visiting international legal scholars, judges, lawyers and government officials.
Labor & Employment Law Section
Provides an organization in which members who have an interest in labor and employment law can meet for discussion and exchange of ideas; studies developments in the areas of interest, and reports to its members on matters of assistance in improving their practices.
Litigation Section
Provides an organization in which members who have an interest in litigation can meet for discussion and exchange of ideas; Focuses on the interests and problems of trial lawyers promoting training and reform where needed through seminars and publications to provide current information to its members.
Probate, Trust & Estate Planning Section
Provides an organization in which members who have an interest in probate and trust law can meet for discussion and exchange of ideas; maintains responsibility for activities relating to the education of probate, estate planning and trust law practitioners; promotes and works for the development, modernization and improvement of legislation relating to the estate planning, probate and trust areas of the law; reviews relevant matters and issues; studies and recommends solutions to various problems involving the public, the
courts, and attorneys, insofar as the areas of concern of the section are involved.
Real Estate & Title Law Section
Provides an organization in which members who have an interest in real estate and title law can meet for discussion and exchange of ideas; maintains committees dealing with the subject of Iowa Title Standards and Iowa Title Guaranty, which shall function in the same manner as their predecessor committees; studies and reports on developments in the real estate and title area and facilitates the practice of real estate law in the state.
Taxation Section
Provides an organization in which members who have an interest in taxation can meet for discussion and exchange of ideas; makes such studies and recommendations in the field of taxation and presents such program or programs with relation thereto as it deems necessary or proper, subject to the approval of the Board of Governors.
Trade Regulations Section
Provides an organization in which members who have an interest in trade regulations can meet for discussion and exchange of ideas; considers and discusses developments in both federal and state legislation; reports and informs its members through seminars, publications and otherwise, so that they may practice more efficiently in this field.
Workers’ Compensation Section
Provides an organization in which members who have an interest in workers’ compensation can meet for discussion and exchange of ideas; provides an opportunity for discussion and exchange of ideas leading to improvement of the abilities of its members to practice in this field; assists the Worker’s Compensation Commissioner in establishing rules and procedures for the more certain and expeditious disposition of matters coming before the commissioner.
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Fiscal Year July 1, 2011 - June 30, 2012
Application
Name ______________________________________ Judicial Election District # _____ ISBA Member # _______
ISBA Committees and Section Councils Optional Information (to assist in theCommittees appointment of diverse committees and Councils commissions): ISBA and Section Fiscal Year July 1, 2011 June 30, 2012 Gender _____________ Age _____________ Ethnic Minority ____________________ Fiscal Year July 1, 2011 - June 30, 2012 Name Election District ISBA Nameof______________________________________ ______________________________________ Judicial Election_Government District ## _____ _____ ISBA Member Member ## _______ _______ Type practice: _Solo _2-10 lawyers _11-25 lawyersJudicial _25+ lawyers Attorney Name Name ______________________________________ ______________________________________ Judicial Judicial Election Election District District ## _____ _____ ISBA ISBA Member Member ## _______ _______ _In-house Corporate Counsel _Judge _Legal Aid of _Other ____________________________________________ Optional Information (to assist in the appointment diverse committees and commissions): Optional Information (to assist in the appointment of diverse committees and commissions): Optional Information Information (to (to assist assist in in the the appointment appointment of of diverse diverse committees committees and and commissions): commissions): Optional Gender _____________ Ethnic Minority ____________________ Gender _____________ _____________ Age _____________ Ethnic Law, Minority ____________________ Primary areas of practice Age (i.e. Business Law, Criminal Family Law, Probate, Real Estate, etc.): Gender _____________ Age _____________ Ethnic Minority ____________________ Gender _____________ Age _____________ Ethnic Minority ____________________ _____________________________________________________________________________________________ Type Type of of practice: practice: _Solo _Solo _2-10 _2-10 lawyers lawyers _11-25 _11-25 lawyers lawyers _25+ _25+ lawyers lawyers _Government _Government Attorney Attorney Type of of practice: practice: _Solo _Solo _2-10 _2-10 lawyers lawyers _11-25 _11-25 lawyers lawyers _25+ _25+ lawyers lawyers _Government _Government Attorney Attorney Type _In-house Corporate Counsel _Judge _Legal Aid _Other _Other ____________________________________________ _In-house Corporate Counsel _Legal Aid ____________________________________________ Please indicate first, second_Judge and third choices for desired appointments _In-house Corporate Corporate Counsel Counsel _Judge _Judge _Legal _Legal Aid Aid _Other _Other ____________________________________________ ____________________________________________ _In-house
ISBA Committees and Section Councils Fiscal Year July 1, 2011 - June 30, 2012
Primary of practice (i.e. Law, Law, Family Probate, Primary areas of be practice (i.e. Business Business Law, Criminal Criminal Law, Family Law, Law, Probate, Real Real Estate, Estate, etc.): etc.): I would areas like to considered for appointment to the following committees: Primary areas of practice practice (i.e. Business Business Law, Criminal Criminal Law, Family Law, Law, Probate, Real Real Estate, Estate, etc.): etc.): Primary areas of (i.e. Law, Law, Family Probate, _____________________________________________________________________________________________ _____________________________________________________________________________________________ American Citizenship Annual Meeting Appellate Practice _____________________________________________________________________________________________ _____________________________________________________________________________________________
Bench Bar Ethics & Practice Guidelines Federal Practice Name ______________________________________ District # _____ ISBA Member # _______ Iowa Jury Instructions Judicial Administration Law Practice Management Please indicate first, choices for desired appointments Please indicate first, second second and and third third choices forJudicial desiredElection appointments Please indicate first, first, second second and and third third choices for for desired desired appointments appointments Legal Aid Legal Forms Legal Heritage Please indicate choices Membership Military Affairsof Professionalism Information (to assist infor theappointment appointment committees and commissions): IOptional would like to to the committees: IPublic would like to be be considered considered for appointment to diverse the following following committees: Relations Women and Minorities IAmerican would like to be considered for appointment to the following committees: Citizenship Annual Meeting Appellate Practice American Citizenship Annual Meeting Appellate Practice Gender _____________ Age _____________ Ethnic Minority ____________________ American Citizenship Annual Meeting Appellate Practice American Citizenship Annual Meeting Appellate Practice Bench Bar Ethics & Practice Guidelines Federal Practice st nd rd Bench Bar Ethics & Practice Guidelines Federal Practice 1 ____________________ 2Ethics _______________________ 3Federal ______________________ Bench BarInstructions Ethics &Administration Practice Guidelines Guidelines Federal Practice Bench Bar & Practice Practice Iowa Jury Judicial Law Practice Management Iowa Jury Instructions Judicial Administration Law Practice Management Type of practice: _Solo _2-10 lawyers _11-25 lawyers _25+ lawyers _Government Attorney Iowa Jury Instructions Judicial Administration Law Practice Management Iowa Judicial Administration Law Legal Aid Legal Legal Heritage LegalJury Aid Instructions Legal Forms Forms LegalPractice HeritageManagement ILegal would like to be considered for appointment to the following section councils (must be a current dues-paid Legal Aid Legal Forms Legal Heritage _In-house Corporate Counsel _Judge _Legal Aid _Other ____________________________________________ Aid Legal Forms Legal Heritage Membership Military Affairs Affairs Professionalism Membership Military Professionalism section member; number of potential Military vacancies inMinorities parenthesis) Membership Military Affairs Professionalism Membership Affairs Professionalism Public Relations Women and Public Relations Women and Minorities Administrative (8) (i.e. Business Agricultural Law Dispute Public Women and Public Relations Relations Women and Minorities Minorities Primary areas ofLaw practice Law, Criminal Law,(5) Family Law, Probate,Alternative Real Estate, etc.): Resolution (4) st nd Business Law (3) Commercial & Bankruptcy Law (3) 3rd Construction Law (5) st ____________________ nd _______________________ rd ______________________ 1 2 1stst ____________________ 2nd _______________________ 3rd _____________________________________________________________________________________________ rd ______________________ Criminal Law (3) eCommerce (6) Corporate Counsel (3) 1 ____________________ ____________________ 2nd _______________________ _______________________ ______________________ 1 2 33 ______________________ Environmental & Natural Resources (6) Family & Juvenile Law (1) General(must Practice (2) IIPlease would like to considered for to the following section be dues-paid wouldindicate like to be be considered for appointment appointment tofor thedesired following section councils councils (mustProperty be aa current current first, second and thirdHealth choices appointments Government Practice (8) Law (2) Intellectual Law (7)dues-paid Isection wouldmember; like to be considered for appointment to the following section councils (must be a dues-paid (must be a current current dues-paid number of potential vacancies in parenthesis) section member; number of potential vacancies in parenthesis) International Law (8) Labor & Employment Law (3) Litigation (3) section member; number of potential vacancies in parenthesis) section member; number of potential vacancies in parenthesis) Administrative Law (8) Agricultural Law (5) Alternative Dispute Resolution (4) Administrative Law (8) Agricultural Law (5) Alternative Dispute Resolution (4) Probate, Trust & Estate Planning (4) Real Estate & Title Law (4) Taxation (3) IAdministrative would like toLaw be considered for appointment to& the following committees: (8) Agricultural Law (5) Alternative Dispute Resolution (4) Administrative Agricultural (5) Alternative Business Law Commercial Bankruptcy Construction Law Business Law (3) (3)Law Commercial &Law Bankruptcy Law (3) (3) Construction Dispute Law (5) (5) Resolution (4) Trade Regulations (6) (8) Workers’ Compensation (3)Law Business (3) Commercial Bankruptcy Construction Law American Citizenship Annual Meeting Practice (6) Criminal Law eCommerce Business Law Law (3) (3) Commercial &(3) Bankruptcy Law Law (3) (3) Appellate Construction Law (5) (5) Corporate Counsel Criminal Law& (3) eCommerce (6) Corporate Counsel (3) Criminal Law (3) eCommerce (6) Corporate Counsel (3) Bench Bar Ethics & Practice Guidelines Federal Practice Criminal Law (3) eCommerce (6) Corporate Counsel (3) Resources Environmental & Natural Natural Resources (6) (6) Family & & Juvenile Juvenile Law Law (1) (1) General Practice Practice (2) (2) Environmental & Family General Environmental & Natural Natural Resources (6) (6) Judicial Family & Juvenile Juvenile Law (1) (1) General Practice (2) Law Iowa Administration LawrdPractice Management Government Practice (8) Health Law (2) Intellectual Property Environmental & & Law General Practice (2) Government Practice (8) Resources Health Law (2) Intellectual Property Law (7) (7) st Jury Instructions nd Family 1 ________________ 2Legal ___________________ 3 __________________ Government Health Law (2) Intellectual Property Legal Aid Practice Forms& Legal Heritage International Law Labor Employment Law Litigation Government Practice (8) Health Law (2) Intellectual Property Law Law (7) (7) International Law (8) (8) (8) Labor & Employment Law (3) (3) Litigation (3) (3) International Law (8) Planning Labor & Employment Employment Law (3) Litigation (3) Probate, & Real Estate & (4) Taxation Membership Military Professionalism International (8) Labor & Law Litigation (3) Probate, Trust TrustLaw & Estate Estate Planning (4) (4) RealAffairs Estate & Title Title Law Law (4)(3) Taxation (3) (3) Probate, Trust Planning Real Estate & Law (4) Taxation (3) Trade Regulations (6) Workers’ Compensation (3) Probate, Trust & & Estate Estate Planning (4) (4) to Women Realand Estate & Title Title Lawand (4) commissions Taxation Public Relations Minorities Trade Regulations (6) appointment Workers’ Compensation (3) An application for Supreme Court boards will be(3)published at a later Trade Regulations Regulations (6) (6) Workers’ Compensation Compensation (3) (3) Trade Workers’
date. st
1 ____________________
2nd _______________________
3rd ______________________
st nd rd st ________________ 1 2 ___________________ 3 __________________ 1 ________________ 2nd ___________________ 3rd st nd rd Please return application by February 18, 2010 to: st nd rd __________________ ________________ 2 ___________________ __________________ I1would like to be considered for appointment to the following section3councils (must be a current dues-paid
1 ________________
2 ___________________
3 __________________
section member; number of potential vacancies in parenthesis) An application for Court boards and commissions at E-mail: mlehman@iowabar.org An applicationLaw for appointment appointment to to Supreme Supreme Court boards commissions will will be be published published at aa later later Administrative Agricultural Law (5) and Dispute Resolution An application for (8) appointment to Supreme Court boards and commissionsAlternative will be published at a later (4) date. Fax: 866-798-7097 date. Business Law (3) Commercial & Bankruptcy Law (3) Construction Law (5) date. Mail: TheLaw Iowa Criminal (3)State Bar Association eCommerce (6) Corporate Counsel (3) 625 East Court Avenue & Family General Practice (2) Please by Please return application by February 18, 2010 to: B 3 9 4 - 5 6 1 1Environmental B C C U preturn d a t e Lapplication a wNatural y e r A d Resources Ho r i zFebruary o n t a (6) l : 7 . 518, ” W 2010 x 2 . 5 ”to: H& Juvenile Law (1) Please application to: Des Moines, Government (8) by Health Law (2) IA 50309-1904 Intellectual Property Law (7) Please return returnPractice application by February February 18, 18, 2010 2010 to: International Law (8) Labor & Employment Law (3) Litigation (3) E-mail: mlehman@iowabar.org E-mail: mlehman@iowabar.org Probate, Trust & Estate Planning (4) Real Estate & 866-798-7097 Title Law (4) Taxation (3) E-mail: mlehman@iowabar.org E-mail: mlehman@iowabar.org Fax: 866-798-7097 Trade Regulations (6) Workers’Fax: Compensation (3) Fax: 866-798-7097 Fax: 866-798-7097 Mail: The Iowa State Bar Association Mail: The Iowa State Bar Association Mail: Iowa State Bar Association Mail: The The Association 625 East Court Avenue 625Iowa East State CourtBar Avenue 625 East Court Avenue 625 East Court Avenue Des Moines, IA 50309-1904 Des Moines, IA 50309-1904 rd Des Moines, Moines, IA IA 50309-1904 50309-1904 3 __________________ 1st ________________ 2nd ___________________ Des
Business Valuations and Litigation Support An application for appointment to Supreme Court boards and commissions will be published at a later date. 1707 High Street Des Moines, Iowa 50309 Please return application by February 18, 2010 to: 515-282-8019 1-866-787-8019 mlehman@iowabar.org F a x 5 1 5 - 2 8 2 - 0 3 2E-mail: 5 Fax: 866-798-7097 w w w. b c c a d v i s e r s . c o m Alan D. Ryerson
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Mail: The Iowa State Bar Association /ABV, CFF, ASA 625 EastCPA Court Avenue Des Moines, IA 50309-1904
Gregory L. Weber James D. Nalley CPA /ABV, ASA
CPA /ABV, CFF, CVA
BOG finalizes affirmative legislative agenda, takes action on judicial retention issues during quarterly meeting The ISBA Board of Governors approved several resolutions to complete the 2011 legislative agenda, and to support Iowa’s merit system of selecting judges. The 38 governors, plus ISBA and YLD officers also approved a resolution honoring members who died in 2010, and heard reports from a number of individuals representing organizations important to the association. Resolutions approved to complete the association’s affirmative legislative agenda came from the Criminal Law, Family Law, Probate Trust and Estate Planning and Real Estate and Title Law sections.
Actions
Approved from the Criminal Law Section were three amendments including: • Defining “assault” as a general intent crime instead of a specific intent crime under Iowa Code section 708.1. The amending language would change the elements of the assault statute so they meet the definition of a general intent crime. • Changing Iowa Code section 232.8(3) to remove the restriction on granting deferred judgments to participants in the Youthful Offender program. As currently written the best outcome that can be granted to a youth offender is a suspended sentence. • Limiting “youthful offender” status to children who are 13, 14 or 15 years of age under Iowa Code section 232.45(7) ()(1). At present, the code applies the youthful offender status to any child under the age of 15. Approved from the Family Law Section was a change to Iowa Code section 598.19 that would insert language allowing the court to dissolve a marriage sooner than 90 days “on the agreement of the parties.” Presently, the code allows for a dispensation of the 90-day waiting period only on written motion supported by affidavit. Approved from the Probate Trust and Estate Planning Section were six proposed amendments to existing Iowa code, including: • Equalizing the hearing notice requirements and court authority to adjust previously awarded support allowances for a decedent’s spouse and minor children by amending Iowa Code sections 633.375 and 633.377.
• Removing language in Iowa Code section 633.471 to allow personal representatives for an estate to automatically set off and retain only the enforceable debts of estate distributees from their shares of the estate. People who want shares of their estate distributees reduced by debts that are barred by statutes of limitations or discharged in bankruptcy should include provisions for such setoffs in their estate planning documents. • Adding a new subsection to Iowa Code 633.561 – HIPPA/Guardian ad Litem Authorization – that authorizes appointed attorneys to access a proposed ward’s health care information in cases where the proposed ward is unable to communicate and there is no HIPPAauthorized personal representative. • Adding a new section to Iowa Code section 633A.3113 that incorporates many of the provisions that are being deleted from 633A.3109 as it relates to trust notice to creditors, heirs and surviving spouses. The new language simplifies and clarifies the trustee’s options for cutting off creditor claims. • Limiting the actions that can be taken against a trustee by broadening the reports and accountings to which the one-year statute of limitations applies.
Present Iowa Code section 633A.4504 provides a one-year statute of limitations only for final reports and accountings. The proposed changes would extend the statute of limitations to one year for all reports and accountings provided by the trustee, and makes the terms used to describe such reports and accountings consistent with the terms used in section 633A.4213. • Adjusting the formula in Iowa Code section 633C.3 for calculating the payments for income assignment trusts (also known as Miller Trusts) for Medicaid recipients who require medical assistance for institutional care, but whose income exceeds the statewide average. The higher limits will require Medicaid recipients with Miller trusts to have a higher client participation rate so their trusts will pay a greater share of the cost of their care. The Probate Trust and Estate Planning Section also requested, and received approval for, withdrawing from the affirmative legislative agenda a proposal to change Chapter 596 of the Iowa code regarding pre-marital agreements. The section council requested the action due to anticipated problems in securing its adoption by the legislature.
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Iowa Lawyer January 2011 15
The governors approved three proposals and a recommendation by the Real Estate and Title Law Section. The proposals included: • Adding a new section, Iowa Code section 614.24A, that dissolves the mineral rights for all minerals except coal after 21 years. The statute is needed to prevent stale mineral rights from impeding the transfer of property. • Amending several sections and adding several new sections and subsections to Iowa Code section 499B (Condominium Law) to clarify the administration of multi-unit dwellings. Among the new sections is 499B.21 proscribing the duties of executive board members and officers. • Accepting four revised title standards – 6.1, 15.3, 15.4 and 7.6 The governors also approved the Real Estate and Title Law Section’s recommendation that the BOG reiterate to the governor and the legislature its strong support for Iowa Title Guaranty and the state’s abstract/title opinion system. In other action, the board extended the contract with the Rafferty Group for
six months ending June 30, 2011 for its work on the Task Force for the Enhanced Delivery of Legal Services Throughout the State of Iowa. The task force recently issued draft recommendations as part of Phase II of its work. The extension would allow the Rafferty Group to continue facilitating the dialogue between the task force and the court to assist the court in implementing the recommendations. After a lengthy discussion about the judicial retention election and the activities that ensued after the election, including a lawsuit filed in federal court against the seven lawyer members of the State Nominating Commission, the governors approved the following resolution in support of the merit selection system and the state nominating commission: “The Iowa State Bar Association continues to fully support Iowa’s system of merit selection of judges and the current form of the State Judicial Nominating Commission, including the manner in which its members are selected. The commission format and the merit selection process have been a part of the Iowa Constitution since 1962 and have helped to make Iowa’s judicial system one of the best in the nation. Current challenges to the manner in which commis-
sion members are selected are politically motivated and are an attack on the right of Iowans to have judges appointed who are not only exceptionally qualified, but are also committed to rendering decisions based solely on the rule of law – not on the basis of their personal beliefs or outside influences such as pressure from special interest groups. The Iowa State Bar Association encourages all qualified lawyers and judges who are licensed in Iowa, regardless of their political affiliations, to consider applying for the three vacancies on the Iowa Supreme Court.” The governors also approved a resolution that the ISBA expand its educational efforts on the merit selection system to the public at all levels, and in cooperation with any other organization having similar goals. In addition, they approved a resolution to investigate working with a media consultant to develop effective messages in response to the messages promulgated by those opposing Iowa’s merit selection system.
Reports The board of governors heard reports from several organizations related to the legal profession including:
Supreme Court
IOWA ARMY NATIONAL GUARD JUDGE ADVOCATE GENERAL CORPS
Iowa Supreme Court Justice Mark Cady told the group, “If there was ever a time that we as lawyers need to join hands to preserve the judicial system, now is the time.” Justice Cady, who will serve as chief justice until a vote by the full court after the three new justices are appointed, said the opposition to the Varnum decision and the justices who were part of it will not go away. It will be with us for the next retention election in two years, he predicted. That makes it more important than ever for the best lawyers and judges in the state to come forward for the nominating process. Not all is gloom and doom as a result of the recent retention election, he added. “Despite all of the sadness, despite all that is going on, we can make ourselves better,” he said.
Rural Practice Committee
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Phil Garland, co-chair of the Rural Practice Committee, brought the governors up to date on the committee’s purpose, and its activities thus far. President Frank Carroll has charged the committee with three goals, he said. Those are: • Make sure rural and small firm members are aware of the services the ISBA provides. (Continued, page 17)
• Find out if those members need additional services from the association. • Encourage young attorneys to seek positions in rural Iowa, especially in the smaller populated counties, and encourage small-town, sole practitioners or small firms to hire or associate with a younger attorney. The committee had its first meeting on Nov. 12. A number of issues were discussed, including the large debt load that many young attorneys carry, the high cost of medical insurance and the lack of career opportunities for the young attorney’s spouse. The committee plans to survey county presidents in 80 counties this month as a way of identifying additional services that the ISBA can provide these new, potential rural- and smallfirm attorneys and the established attorneys who are needed to work with them, he said.
recorded data prior to his presentation. • Sales/use tax receipts, which provide about a third of the state’s revenues were also up significantly from March 2010 estimates. • Revenue and refunds on a cash basis grew at a rate of 4.8 percent compared with the same period a year ago. The REC expects the growth to be about 3.9 percent. • Job losses bottomed at 59,000 at a rate of decline comparable to that in the recession of the early 1980s. However, the rate of decline has leveled off and it appears that it will not dip to the lows seen in the 1980s.
• FY 2011 and 2012 look far better than they did in March 2010. If revenues continue on this path, there could be a general fund surplus of $487 million, he said. That would leave around $318 million available for budgeting purposes after restoring the reserve fund to its $600 million level. In summary, Jeff told the governors that the revenue picture has gotten much better because the state’s economy has stopped contracting and begun growing.
Legislative Report
ISBA Legislative Counsel, Jim Carney, informed the governors about the make-up of the 2011 legislature and the challenges that lie ahead. (A more detailed report can be found on page 6.) He also introduced Matt Schultz, newly elected Secretary of State and the first attorney to hold the office in 30 years, and Jeff Robinson, senior fiscal analyst with the Iowa Legislative Services Agency. Matt addressed the governors briefly. He said that his goal for the office is to do things “simpler and faster without getting rid of the old system.â€? He also pledged to work with the ISBA to sponsor CLEs on election law. (See a profile article on Matt on page 30.) Jeff presented a cautiously optimistic view of the state’s financial picture. He based his analysis on a number of factors: • Overall general fund revenues have posted a “respectableâ€? growth since bottoming out about the time of the March 2010 Revenue Estimating Committee (REC) forecast. In fact, FY 2011 (July 1, 2010 – June 30, 2011) revenue estimates were up about $355 million from the March REC estimate to the early December 2010 REC estimate. • Personal income tax withholding deposits, which make up from 40-50 percent of the state’s revenue were up from slightly less than $20 million in March 2010 to about $100 million on Dec. 7, the last
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Iowa Lawyer January 2011 17
R esolution honoring deceased members WHEREAS: The following individuals have served the legal profession with dignity and honor, and WHEREAS: They have been faithful stewards in upholding the Constitutions of the United States and the State of Iowa, and WHEREAS: They have been supportive members of The Iowa State Bar Association, and WHEREAS: They have unselfishly responded to any requests made of them to further the cause of the legal profession in the State of Iowa, now THEREFORE BE IT RESOLVED: That we pause for a moment of silence to honor their passing from this life into eternity. Signed this 9th day of December, 2010.
Frank J. Carroll, President The Iowa State Bar Association
Iowa State Bar Association 2010 Deceased Members Donald John Cameron Bell, New London (7/7/2010) James J. Brandt, Urbandale (10/20/2010) Bryce T. Christianson, West Des Moines (6/5/2010) Francis L. Cudahy, Jefferson (2/6/2010) Robert L. Day, Jr., Dubuque (2/25/2010) Hon. Edward B. De Silva, Jr., Davenport (10/23/2010) Eugene A. Dendinger, Sewickley, PA (2/20/2010) John V. Donnelly, Des Moines (1/20/2010) William L. Fisher, Adair (8/21/2010) Hon. Allan L. Goode (9/4/201) R. Stephen Hankens, Cherokee (7/27/2010) David Harris, Jefferson (6/27/2010) Albert L. Harvey, Des Moines (5/18/2010) Hon. Paul E. Hellwege, Boone (1/28/2010) James W. Hudson, Pocahontas (8/16/2010) Rolland B. Jacobs, Fort Dodge (3/3/2010) James A. Lally, Dysart (10/10/2010) Michael J. Laughlin, Des Moines (11/11/2010) Robert McDonald Kreamer, Indianola (10/1/2010) John Kuehnle, Sr., Mechanicsville (2/28/2010)
Charles H. Levad, Mason City (12/25/2010) William O. Lewis, Harlan (2/6/2010) Jeffrey T. Mains, Des Moines (11/24/2010) Kenneth Martens, Marengo (4/14/2010) Richard C. McLaughlin, Cottage Grove, MN (1/10/2010) Barry N. Minear, Des Moines (8/2/2010) Samuel G. O’Brien, Des Moines (10/13/2010) Hon. Richard “Dick” Peterson, Council Bluffs (10/19/2010) William C. Pierson, New Canaan, CT (5/10/2010) John W. Rathert, Waterloo (4/2/2010) Robert Rausch, Waterloo (11/27/2010) Hessel R. Roorda, Rock Valley (4/11/2010) Robert R. Schlegel, Ottumwa (3/1/2010) Herb S. Selby, Newton (9/1/2010) Angela C. Simon, Dubuque (7/31/2010) Curt E. Sorensen, Blaine, WA (6/24/2010) David J. Stein, Sr., Milford (10/7/2010) Hon. William C. Stuart, Chariton (8/12/2010) Rhoda M. Tenuta, Sioux City (12/7/2010) Richard C. Wenzel, Cedar Rapids (9/26/2010) Wythe Willey, Cedar Rapids (12/18/2010) James R. Wilson, Newton (10/7/2010) Robert Wright Sr., Des Moines (1/12/2010)
IPE 1031 has acquired
Tax school door prize winners IPE 1031 1922 INGERSOLL AVENUE DES MOINES, IOWA 50309 515.279.1111 • 888.226.0400 FAX 515.279.8788 WWW.IPE1031.COM
18
the
Iowa Lawyer January 2011
Members from almost every quadrant of the state received prizes in this year’s door prize drawing at the 2010 Bloethe Tax School. Pictured (top photo, from left) are Tom Jolas, Mason City, flatscreen TV from the ISBA; Marion James, Creston, wine basket from Wahltek, Inc.; Cathy Redmon, Bloomfield, complete law practice management software from Lynch Law Office; and Gary McClintock, Independence, Business Law manual from the ISBA. A total of 680 individuals, including speakers, attended this year’s tax school held Dec. 1-3 at the Downtown Marriott in Des Moines, a slight increase compared with last year.
Bar Foundation directors approve grant, new Fellow at December quarterly meeting The Iowa State Bar Foundation Board of Directors approved a grant request and a new fellow, discussed the transition from one investment firm to another and heard a plan for increasing membership in the Fellows organization during its quarterly meeting Dec. 8. After a presentation by the “We the People: The Citizen and the Constitution� program and a discussion following the presentation, the directors approved granting $15,000 of the $20,059 requested. The money will be used to help send the state championship team to Washington, D.C., to compete in the national competition in May. The directors noted in their discussion that a program that provides materials for teachers to teach about the U.S. Constitution is important, and especially given the increased focus on the judicial retention vote. It was clear from the rhetoric leading up to the election that many citizens do not
understand the structure of government at the national or state levels. However, the directors also expressed the need to look at broader-based initiatives to reach more young people. They approved sending a message with the grant funds specifying that they expect the “We the People� organization to provide in writing evidence that it has worked with other civics-oriented groups that reach young people, and that the program has grown from year to year. “We the People,� which is funded partially by the U.S. Department of Education, offers schools in every Iowa congressional district a free set of texts on teaching the U.S. Constitution, and provides professional development workshops for teachers of United States government and history. The program includes an option for each teacher to develop a student team that simulates a congressional hearing on six
constitutional topics. These teams compete within each congressional district for the honor of representing their districts at the state finals. The winning team travels to Washington, D.C. to compete in the national competition. William J. Lillis with Connolly O’Malley Lillis Hansen Olson, LLP in Des Moines was accepted as a Fellow. Early in the meeting, the directors reviewed the transition to a new investment firm. Craig Kleis with Bernstein Global Wealth Management joined the discussion by phone. He reported that the Foundation’s funds were transferred on Nov. 30. The transfer occurred very smoothly, he said. The directors asked that Craig be available to review portfolio performance with them for at least the next two or three meetings. Max Kirk, president of the Fellows organization, outlined for the directors several ideas for increasing membership in that organization. Presently, there are 96 individuals contributing monies annually to fulfill their $1,000 commitment, he said. The limit is 250, so there is room for more Fellows. Presently there are 240 Life Fellows, which is the status that a Fellow receives once the $1,000 commitment is reached. There is no limit on the number of Life Fellows in the Foundation. Kirk, and Foundation Immediate Past President, Nan Horvat, proposed to contact all of the Life Fellows and ask them to nominate two individuals they think would make good Fellows. These nominees would then be invited to become Fellows. Kirk and Horvat also propose to contact senior attorneys at larger firms and ask to make a contribution honoring them retired or retiring members of the firm. The next meeting of the Foundation will be March 14.
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Iowa Lawyer January 2011 19
Appellate Practice Seminar Friday, February 11, 2011 ISBA Headquarters • 625 East Court Ave. • Des Moines 50309
ISBA
CCalendar LE January 21
An Hour with EEOC Commissioner Ishimaru Telephone CLE
January 21
Open Records Telephone CLE
February 11
Appellate Practice Seminar ISBA Headquarters Des Moines
February 23
Historical Iowa Perspective of African Americans Appointed to Bench Telephone CLE
May 12-13
Bridge the Gap Seminar West Des Moines Marriott West Des Moines
June 22-24
138th Annual Meeting Downtown Marriott Hotel Des Moines
For more information or to register, visit iowabar.org
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 4:00 - 5:00
Break
How to E-File - Practical Tips Panel: TBA
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 ____________
___ Master Card
___ Visa
___ Discover
CLE Season Pass______
___ 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 cvangundy@iowabar.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. 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
CLE Insert January 2011.indd 1
January 2011
12/30/2010 2:52:32 PM
The ISBA’s Young Lawyers Division presents the
Bridge the Gap Seminar
May 12 - 13, 2011 West Des Moines Marriott • 1250 Jordan Creek Pkwy. • West Des Moines 50266 Thursday, May 12 8:00 - 8:45 Legislative Update - Speaker: Robert Hogg 8:45 - 9:45 Probate - Speaker: David Repp 9:45 - 10:00 Break 10:00 - 11:00 Non-Profit - Speaker: Willard “Sandy” Boyd 11:00 - 12:00 State Case Law Update - Speaker: Hon. Colin Witt 12:00 - 1:00 Lunch 1:00 - 2:00 Anti-Trust Issues-Spotting and Iowa Practice (Federal) Speaker: Samuel Jones 2:00 - 2:45 DUI - Speakers: Robert Rehkemper and Matt Lindholm 2:45 - 3:00 Break 3:00 - 4:00 Padilla (Federal) - Speaker: James Benzoni 4:00 - 4:45 Protective Orders - Speaker: Shellie Mackel 4:45 - 5:15 Construction Law/Economic Loss Doc. - Speaker: Kevin Caster
Friday, May 13
8:00 - 8:30 Social Media - Speaker: Megan Erickson 8:30 - 9:15 Title 19 - Speaker: David Grooters 9:15 - 9:45 Expungement - Speaker: Heidi Goodman 9:45 - 10:00 Break 10:00 - 11:00 Health Law - Speaker: Sheldon Kurtz 11:00 - 12:00 Conficts of Interests - Speaker: Eric Tindal 12:00 - 1:00 Lunch 1:00 - 2:00 Federal Case Law Update (Federal) - Speaker: Hon. Ross Walters 2:00 - 2:30 IP (Federal) - Speaker: Ryan Carter 2:30 - 3:00 ECOA (Federal) - Speaker: Robert Gainer 3:00 - 3:15 Break 3:15 - 3:45 Topic TBA - Speaker: David Hayes 3:45 - 4:45 Ethics Panel (Ethics) - Speaker: Michael Streit
Registration Form: 2011 Bridge the Gap Seminar
Samuel Jones
James Benzoni
Ryan Carter
Robert Gainer
Name : _______________________________________________ Member # _________________ Phone # ___________________________________
Address: ________________________________________________________ City, State, Zip: _______________________________________________ E-mail: __________________________________________________________________
Registration Fee: ISBA Members: ____ $285 Members Admitted to Practice After 2006: ____ $235 Non-ISBA Members: ____ $400 Para-professionals (Legal Assistants & Office Employees): ____ $185 Judges: ____ $60 Law Students: ____ $35 Method of Payment: ___ Check enclosed Check Number ____________ CLE Season Pass _________
___ Master Card
___ Visa
___ 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 cvangundy@iowabar.org
Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by May 2. 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 May 6). The IOWA LAWYER
CLE Insert January 2011.indd 2
January 2011
12/30/2010 2:52:36 PM
2010 CLE INFORMATION DATE
PROGRAM
* Federal Credit Pending
# OF HOURS
LOCATION
STATE
FEDERAL
ETHICS
ID#
JANUARY 13
Law Over Lunch: Intellectual Property Issues (for the NonIP Attorney) Part II
1
1
0
Telephone CLE
63400
22 27
When Time is of the Essence
1 1.75
0 0
0 0
Telephone CLE ISBA Headquarters
63401 65933
Law Over Lunch: Military FEBRUARY 1 Law for Non-Military Lawyers 10 Language Access: Fairness 1 12
0
0
Telephone CLE
65916
0
0
Telephone CLE
65917
MARCH 5 25
Practicing Before Licensing Boards in Iowa
1
0
0
Telephone CLE
65918
Iowa Support Master: Child Support Guidelines
1.5
0
0
Webinar
68150
APRIL 9 19 19 28
An Overview of the Property Tax Appeal System
1
0
0
Telephone CLE
68155
Fastcase
1 7 1
0 1.5 0
0 1 0
Webinar ISBA Headquarters Telephone CLE
69003 69000 68151
Spring Tax
7 8.5
0 5.5
0 1
69255 68171
Bridge the Gap
15
8
2
Fastcase
1 1 1 1
0 0 0 0
0 0 0 0
ISBA Headquarters Univ. of Iowa Athletic Club Downtown Des Moines Marriott Webinar Telephone CLE
7 1
4 0
1 0
ISBA Headquarters
0 0 4 0 0 7.5
0 0 2 0 0 3
Telephone CLE Webinar ISBA Headquarters
Annual Meeting
1 1 7 1 1 15
Two Person Best Shot
1
0
1
Downtown Des Moines Marriott Harvester Golf Club
7.75 5.5 14
3.5 0 0
1 0 1
Arrowwod Resort Riverside Resort Honey Creek Resort
69912 68538 71289
1
0
0
Telephone CLE
68158
1
0
1
Telephone CLE
71660
Legislative Leadership for Iowa Attorneys
and Justice for Persons with Limited English Proficiency
30 30 MAY 5-6 11 12 17 17 21 JUNE 2 3 4 4 9 9 17-19 JULY 9 9-10 14-15 AUGUST 5-7 11 13
CLE Insert January 2011.indd 3
IAALJ Spring CLE Special Needs Trust and Medicaid Juvenile Law Seminar
Juvenile Law Fastcase New Code of Judicial Conduct Commercial & Bankruptcy Special Needs Trust and Medicaid IOSHA Fastcase Criminal Law Fastcase Workers Compensation
Summer Seminar Bench Bar Solo & Small Firm Real Estate Settlement Practice Act Ethics
Webinar Telephone CLE Telephone CLE
Webinar Telephone CLE
68159 69004 69547 69006 69607 69004 69876 69863 69005 68161 69008 68153 70200 72963
12/30/2010 2:52:36 PM
2010 CLE INFORMATION DATE
PROGRAM
* Federal Credit Pending
# OF HOURS
LOCATION
ID#
STATE
FEDERAL
ETHICS
SEPTEMBER Prosecution from Raid in Postville 8 Trade Regulation/Corporate 10
1
*
0
Telephone CLE
72219
5.75
4
1.75
ISBA Headquarters
72126
17
3.25
3.25
0
District Courthouses
29
Counsel Seminar Fundamentals of Federal Practice Video Conference (Des Moines) (Sioux City) (Davenport) (Cedar Rapids)
72063 72062 72061 72060
International Law in the Practice of Law in the U.S. Environmental Law
3
1.5
0
7
*
Employer’s Obligation Under the New Health Care Act Fall Traveling (Ashton)
1
11 Nuts & Bolts (Coralville) 11 Fall Traveling (Sioux City) 12 Nuts & Bolts (Des Moines) 14 Ethics Seminar 14 Fall Traveling (Osceola) 20 Probate & Trust Law 22 Labor & Employment 26 Family Law 28-29 Family Law Ethics Theater 28 NOVEMBER Recent Updates in the Fair Labor Standards Act 5 Fall Traveling (Davenport) 8 Fall Traveling (Dubuque) 9 Fall Traveling (Cedar Rapids) 10 Fall Traveling (Mason City) 11 Federal/State Judicial 18 19
OCTOBER 8 8
30 DECEMBER 1-3 3 10 14 16 17
CLE Insert January 2011.indd 4
Selection Process Iowa’s Revised Uniform Limited Liability Company Act: Preparing Chapter 490A LLC Disaster Planning for the Law Office Tax School Fastcase
Practice and Procedure Before the Iowa Department of Revenue Medicare Discussion eCommerce Federal Practice
72679
1
Des Moines Federal Courthouse ISBA Headquarters
1
0
Telephone CLE
72959
1.5 7.25 1.5 7.25 2 1.5 3.25 6.25 15 1 1
0 2 0 2 0 0 1.2 5.33 0.75 0 0
1.5 1 1.5 1 2 1.5 0 1 1 1 0
Ashton Hoilday Inn Sioux City Embassy Suites ISBA Headquarters Osceola ISBA Headquarters Hotel Ft. Des Moines West DSM Marriott
73284 72889 73285 71888 72105 73283 73292 71885 71886 71887 73673
2.5 2.5 2.5 2.5 1
0 0 0 0 0
1.5 1.5 1.5 1.5 0
Clarion Hotel
Clarion Hotel Telephone CLE
73278 73277 73276 73279 72966
1.5
0
0
Webinar
72834
1
0
1
Telephone CLE
74634
15.5
10
1
74631
1 1
0 0
0 0
Downtown Des Moines Marriott Webinar Telephone CLE
1 5 6
1 4.5 6
0 0.75 1
Telephone CLE ISBA Headquarters Downtown Des Moines Marriott
72971 74632 74633
West DSM Marriott Telephone CLE
Hotel Julien Marriott Hotel
72131
live event only
71837 72970
12/30/2010 2:52:37 PM
Iowa Supreme Court’s Thank you to these speakers The ISBA would like to thank the P.C., Des Moines. Civil Justice Reform following speakers for providing their Justice David Baker, Iowa Supreme knowledge to attorneys attending Court, Cedar Rapids. Task Force requests ISBA-sponsored CLE seminars: Laura Lockard, administrative law judge (Department of Inspections & bar participation in January 2010 Appeals), Des Moines. Emily Chafa, administrative law judge, Jan. 13 survey Des Moines. Law Over Lunch: “Intellectual Earlier this year, the Iowa Supreme Court appointed a Civil Justice Reform Task Force. The court’s order establishing the task force directed the group to study and propose new court processes and recommend improvements in current processes that will foster prompt, affordable and high-quality resolution of nondomestic civil cases. As part of that study process, the task force wants to conduct a survey of members of the Iowa Bar. The court appointed Justice Daryl Hecht as chair of the task force and appointed a steering committee consisting of lawyers and judges from all regions of the state. Members of the steering committee include: Judge Sean McPartland, Michael Jacobs, Professor John Whiston, Professor Laurie Dore, Judge Eliza Ovrum, Randall Shanks, Martha Shaff, Sharon Greer, Tom Drew, Gerald Denning, Deborah Tharnish, Beth Flansburg, and Norbert Kaut. Members of the steering committee nominated, and the court has appointed, 70 additional task force members who are a diverse group with representatives from the legal profession, the bench, consumer and business interests, management and labor, the insurance industry, and the medical profession. The steering committee has selected five areas of concentration: Discovery; pre-trial procedures; litigation management; specialty courts and rules; and court-annexed ADR. A sub-committee led by steering committee members and populated by members of the larger task force has been formed to study each of these subjects. The purpose of the survey is to gain a better understanding of lawyers’ and judges’ perceptions of the current state of Iowa’s civil justice system. It is anticipated that the survey will be presented electronically to the bench and bar via Survey Monkey early in 2011. The Task Force urgently needs and requests broad participation in the survey in order to gather accurate information about the current state of the civil justice system. Survey responses will inform the task force’s analysis of whether reforms should be proposed. Additional information necessary to access and complete the survey will be distributed to the bench and bar in the near future.
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Iowa Lawyer January 2011
Property Issues (for the Non-IP Attorney)-Part II;” telephone CLE Ryan Carter, Nyemaster Goode P.C., Cedar Rapids
Jan. 22
Administrative Law Section: “When Time is of the Essence: The Savvy Practitioner’s Guide to Unemployment Insurance Benefit Appeals;” telephone CLE. Dan Anderson, Wertz & Dake P.C., Cedar Rapids.
February 2010 Feb. 10 Law Over Lunch: “Military Law for Nonmilitary Lawyers;” telephone CLE Peter Welch, Crawford Sullivan Reed & Roemerman P.C., Cedar Rapids. Feb. 12 Administrative Law Language Access: “Fairness and Justice for Persons with Limited English Proficiency;” telephone CLE Emily Chafa, Division of Administrative Hearings, Des Moines.
March 2010 March 5 Administrative Law Section: “Practicing Before Licensing Boards in Iowa;” telephone CLE Jean Davis, Lucas Office, Des Moines. March 25 Iowa Support Master: “Child Support Guidelines;” webinar Patrick Wilson, Iowa Support Master
April 2010 April 9 “An Overview of the Property Tax Appeal System;” telephone CLE M. Brett Ryan, Wilson & Pechacek PLC, Council Bluffs. April 19 “IAALJ 2010 Spring CLE” (Joint Seminar with ISBA) Jane Lorentzen, Hopkins & Huebner
Michael Piper, Dickey & Campbell, Des Moines. Henry Hamilton, III, administrative law judge (Equal Employment Opportunity Commission), Des Moines. John Powell, decision review officer (Veterans Administration) Brian Dowd, Dowd Law Firm, West Des Moines. Rick Autry, Employment Appeal Board, Des Moines. James Elliott, deputy workers’ compensation commissioner (Iowa Workforce Development), Des Moines. Barbara Mack, Iowa State University, Ames. Ruth Cooperrider, deputy ombudsman, Des Moines. John McCormally, assistant attorney general , Des Moines.
April 28 “Special Needs Trusts and Medicaid;” telephone CLE Gregory Kenyon, Bradshaw, Fowler, Proctor and Fairgrave P.C., Des Moines. April 30 “Juvenile Law Seminar” Chief Justice Marsha Ternus, Iowa Supreme Court, Des Moines. Jerry Foxhoven, Drake Legal Clinic, Des Moines. Tomas Rodriquez, State Public Defender, Des Moines. Wendy Rickman, DHS, Des Moines. Rebecca Robinett, Child Guidance Center, Des Moines. Ellen Ramsey-Kacena, Cedar Rapids. David Kozlowski, Gaudineer Comito & George LLP, West Des Moines. Julie Schumacher, Mundt Franck & Schumacher, Denison. Mark Olberding, Olberding Law Office, Nevada. Jennifer Slocum Bailey, Des Moines County Attorney’s Office, Burlington. Diane Dornburg, Carney & Appley, PLC, Des Moines.
Adoption day means ‘Forever Families’ for lucky children A total of 38 children were officially able to say “mom” and “dad” to the adults who are now their parents after a whirlwind of adoption proceedings at the Polk County Courthouse the Saturday before Thanksgiving. Twenty six families appeared before the Fifth Judicial District judges who gave up their Saturday morning to don robes and finalize the adoptions. Hot chocolate, coffee and cookies spread out on tables on the main floor of the courthouse kept the children and their parents nourished. Stuffed animals, perched everywhere in the courtrooms, provided souvenirs for the adoptees and their new brothers and sisters. Additional tables set up on the main
floor bristled with colored brochures and trinkets from organizations who offer services for adoptive families. One room of the courthouse contained 16 X 20 photos of older children waiting to be adopted. A three-ring binder with sheets housed in page protectors provided background information on each of the children pictured. The usually somber courthouse resonated with the laughter and shouting of children. This was the 10th Annual Adoption Saturday for Polk County, according to Associate Juvienile Judge Constance Cohen, who helped organize the first such event in 2000.
The goal was to set aside one day that would be devoted to nothing but adoptions, so that adoptive families — both those finalizing their adoptions on that day — and those who had adopted children previously could celebrate.
Litigation Support | Corporate Services
Pro Copy | 455 SW 5th Street, Suite A | Des Moines, IA 50309 | 515.243.1891 | 1.888.243.1891 Pro Copy | 8710 F Street, Suite 128 | Omaha, NE 68127 | 402.341.6400 | 1.888.341.6400 the
Iowa Lawyer January 2011 25
Re: Ethics Opinion 10-04: Fee Splitting and Profit Sharing In Ethics Opinion 10-03 we answered the question of whether a lawyer could form a business relationship with a non-law entity whose services are, or could be, viewed as being within the ambit of the practice of law. We stated: “It is our opinion that a lawyer may not establish a business relationship with a non-lawyer entity that provides services to the public which if provided by a lawyer would constitute the practice of law regardless of the fact that the non-lawyer entity is authorized to do so by governmental agency regulation.” [ISBA Ethics Op. 10-03] We are now asked to address the question: When may a lawyer share a percentage of a specific fee and/or general law firm profits with a non law entity? We divide the issue into two parts: specific fee sharing and generalized law firm profit sharing.
Specific Fee Sharing
We are asked to determine if a lawyer may share or split a fee with a non-lawyer income tax preparation service company,
which charges a percentage of the lawyer’s fee for the use of its software. For the purpose of this opinion we define a “fee” as the economic remuneration a lawyer receives from a client for the delivery of legal services. Fee, in this context, is controlled by Iowa Rules of Professional Conduct 32:1.5. The sharing or splitting of fees is defined as dividing the specific fee between two or more individuals or entities. Fee sharing among lawyers who are not in the same law firm is specifically authorized by Rule 32:1.5(e) and Comment [7] thereto. However, fee sharing or splitting with a non-lawyer is not authorized. Rule 32:5.4 (a) states the general rule that: a) A lawyer or law firm shall not share legal fees with a non-lawyer, except that: *** with exceptions that are not relevant at this time. We note that this is identical to the predecessor Iowa Code of Professional Responsibility DR 3-102(A). Fee sharing or splitting with non-lawyers or law firms has arisen in a variety of situations and courts and ethics committees have uniformly found the practice to be prohibited under Model Rule of Professional Conduct 32:5.4. For example: On-line legal directories or referral services: Ariz. Ethics Op. 99-06(1999); Md. Ethics Op. 01-03 (2001); S.C. Ethics Op. 00-10 (2000). See also Rogers, Cyberlawyers Must Chart Uncertain Course in World of Online Advice, ABA/BNA Lawyer’s Manual on Professional Conduct, 16 Current Rep. 96 (2000). Debt Collection Agencies: In re Hear, 755 N.E. 2d. 579 (Ind.2001) holding that a fee share between a lawyer and a debt collector violated rule 5.4(a); Conn, Ethics Op. 99-25 (1999); Mont. Ethics Op. 950411 (1995). Investigators: Duggins v Steak “N Shake, Inc, 195 F. 3d. 828 (6th Cir 1999) where the federal court referred a lawyer to the state bar disciplinary board for fee splitting between lawyer and investigator; People v Easley, 956 P. 2d. 12576 (Colo. 1998) prohibiting sharing of legal fees with investigator and counselor in a sexual harassment case. Consultants: Son v. Margolius, Mallios, Davis, Rider & Tomar, 709 A. 2d. 112 (Md., 1998) fee sharing between law firm and non-lawyer translator and client
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spokeswoman prohibited Rule 5.4(a); In re Van Cura, 504 N.W.2d. 610 (Wis.1993) holding it unethical for a law firm to agree to finance client’s litigation with funds provided by non-law entity on the condition that the non-law entity would receive a percentage of the recovery. ABA Informal Ethics Op. 86-1519 (1986) to the effect that a lawyer may not share a fee with a business corporation for legal research and analysis services. Ancillary Services: In re Watley, 802 So.2d.593 (La. 2001) A lawyer may not share a fee with a non-lawyer agency that provides secretarial and paralegal support services; Attorney Grievance Comm’n v. Brennan, 714 A. 2d. 157 (Md. 1988) prohibiting a lawyer from sharing a fee with a suspended lawyer who provided nonlegal services on cases. Based on the above we are of the opinion that a lawyer’s or law firm’s fee may not be shared or split with a non-law entity. Consequently we are of the opinion that Rule 32:5.4(a) would prevent a lawyer from entering into an agreement to purchase a non-lawyer’s or law firm’s services or product which is based on a percentage of the lawyer’s fee.
Sharing of a law firm’s profits.
We are asked to determine if a lawyer or law firm may enter into a commercial lease with a non-law entity which requires the firm to pay a percentage of its profits as rent. It is argued that such an arrangement would allow the law firm to enjoy lower overhead in times of economic downturn. The contrary is argued that such an arrangement would allow a non-law entity to directly profit from the practice of law and would result in law firm leasing to become a new form of commercial investment. Lawyer or law firm’s profit sharing differs from fee splitting. Fee splitting refers to the sharing of a specific fee whereas profit sharing is concerned with sharing the lawyer’s or law firm’s general profits. While it is true that law firm profits result from the accumulation of individual fees minus expenses, the individual character or nature of the fee becomes amalgamated into the whole. The prohibition against fee splitting is founded upon the policy favoring lawyer independence. If a nonlawyer is entitled to a percentage of the lawyer’s fee presumably the non-lawyer could assert some measure of control over
the lawyer’s decision-making process with regard to the case. We note that Iowa Rules of Professional Conduct 32:5.4 (a) specifically authorizes the sharing of fees, and by logical extension profits, between lawyers who are not in the same law firm. For example, lawyers from different firms may form a business relationship for shared services and all would be bound by Iowa Rules of Professional Conduct 32:5.7. Accordingly the risk to lawyer independence would be avoided. Rule 32:55.7 [Comment 2]. Lawyer independence and outside interference with the lawyer’s decisionmaking process regarding a specific case are not a material consideration with respect to profit sharing with a lawyer’s or law firm’s employees. Rule 32:5.4(a)(3) specifically authorizes a lawyer or law firm to enter into a profit-sharing plan with its non-lawyer employees. But the rule is silent as to whether a lawyer or law firm may enter into a profit sharing arrangement with a non-lawyer who is not employed by the lawyer or law firm. Rule 32:5.4 (d) prohibits a lawyer from practicing law in an association if a non-lawyer owns any interest in or is a corporate director or officer or has the right to direct or control the professional judgment of the lawyer. By its very nature the right to a portion of a law firm’s profits creates a financial interest in the law firm that is more dynamic than one based upon fixed debt. In essence it becomes a form of investment. Not being otherwise bound by the Iowa Rules of Professional Conduct, a non-lawyer investor, desirous to see an increase in his/her own return, could exert control over the law firm’s operations which would inevitably impact the lawyer’s independent decisionmaking process in violation of Rule 32:1.7 (a)(2) Consequently we are of the opinion that Rule 32:5.4(d) would prohibit a lawyer from entering into an agreement with a non-lawyer individual or entity whereby the lawyer or law firm pays a percentage of its profits in exchange for financing, products or other services. For the Committee,
John W. Gailey Ft. Dodge 60-Day Suspension Supreme Court Decision November 19, 2010 John Gailey was a 74-year-old attorney practicing law for 45 years in Iowa when his son, Denis, told him that the state planned to charge Denis with sexual abuse of his stepdaughter. Gailey contacted the county attorney and told her that he would surrender Denis to the authorities but before he could do so, Denis kidnapped Denis’ spouse and their biological child. Gailey advised the authorities of Denis’ actions, Denis was arrested and charged with kidnapping, and a no-contact order was issued. Denis’ wife subsequently filed for divorce with representation of counsel. Gailey represented Denis in the divorce action and met with Denis’ spouse without having received consent from her counsel to do so. Gailey gave her a letter at Denis request regarding her potential testimony at trial. When Denis’ wife asked Gailey what the letter meant, Gailey explained that if she were to testify that there was no permanent physical or psychological damage, that the criminal charges against Denis might be lessened and that Denis might agree to a more favorable division of assets. Gailey was found not guilty of suborning perjury, but guilty of aiding and abetting a violation of a no-contact order. The charge of tampering with a witness was dismissed due to the state’s failure to timely file trial information. The court found that Gailey violated several Iowa Rules of Professional Conduct. The court stated that Gailey violated Rule 32:3.4, which provides that “a lawyer shall not falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement
to a witness that is prohibited by law” when Gailey told Denis’ wife that Denis might agree to a favorable division of the assets in the divorce proceedings if she were to testify in a manner favorable to Denis in the criminal case. The court also held that Gailey violated Rule 32:4.2, which provides that “a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.” Gailey violated this rule when he communicated with Denis’ spouse about the divorce without consent of her attorney. The court further found that Gailey violated Rule 32:8.4(b), which provides that “it is professional misconduct for a lawyer to…commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects.” Because Gailey was convicted of a simple misdemeanor for aiding and abetting the violation of a no-contact order, the court found that he had violated this rule. For this reason and because Gailey offered a witness an inducement to testify that is prohibited by law, the court also found that Gailey violated Rule 32:8.4(d), which provides that “it is professional misconduct for a lawyer to…engage in conduct that is prejudicial to the administration of justice.” Despite the previously filed stipulation between the Board and Gailey recommending a 30-day suspension, the court instead suspended Gailey’s license for 60 days. Among the aggravating factors considered by the court were that Gailey had previously been reprimanded for engaging in conduct that involved dishonesty, fraud, deceit and misrepresentation, and a prior admonishment for making an extrajudicial statement about a pending criminal matter concerning his two sons.
Disciplinary
ACTIONS
Contact: David A. Fini, Vice President d.a.fini@reynolds-reynolds.com 515-557-1252 or Deb McCauley, Account Manager d.k.mccauley@reynolds-reynolds.com 515-875-4274
Nick Critelli the
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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 sboeckman@iowabar.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.
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Positions Available ATTORNEY — A well-established AV-rated medium-size law firm in Sioux City is seeking an attorney to join the firm. The ideal candidate will have 3-5 years experience in the areas of litigation and general practice. Please send cover letter with resume and references to The Iowa Lawyer, Code No. 112410, 625 E. Court Avenue, Des Moines, IA 50309 or e-mail it to isba@iowabar.org. Please include code number on envelope if mailing and on subject line if e-mailing. All inquiries will be treated with strict confidence. (3-11) ASSOCIATE — AV-Rated West Des Moines firm is seeking a motivated associate with a minimum of two years experience. Must have probate experience. Tax and real estate
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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. Competetive salary and benefits. Please send cover letter with resume to : William G. Brewer at McEnroe, Gotsdiner, Brewer & Steinbach, P.C., 1701 48th Street, West Des Moines, IA, 50266, or fax to (515) 267-8100 (3-11) CORPORATE ATTORNEY — Fisher Controls International, LLC, a Marshalltown-based global manufacturing and sales subsidiary of a Fortune 500 Company, has an opportunity for an attorney to join its legal staff as Assistant General Counsel. In such role, you would be involved in commercial transactions, contracts, dispute resolution, litigation (non-product) and trade regulation. Preferred candidates will have a J.D. degree with strong academic credentials, admission to the Iowa Bar, and 5+ years of broad experience working in-house for a manufacturing company. Qualified candidates should send their resumes to Michael Shannon, Vice President & General Counsel , electronically to mike.shannon@emerson.com. (3-11) ASSISTANT COUNTY ATTORNEY — The Palo Alto County Attorney’s Office in Emmetsburg is accepting applications for a full-time Assistant County Attorney beginning Jan. 1, 2011. Duties include prosecution of simple misdemeanors, certain indictable offenses, certain felonies, mental health commitments and substance abuse commitments. Prior prosecution experience is preferred but not required. Applicants must be licensed to practice in the State of Iowa. Salary range is $40,000 to $55,000 dependent upon experience, plus benefits. Send resume and cover letter to: Lyssa Henderson lyssahenderson@gmail.com. No phone calls please. Applications will be accepted until the position is filled. (3-11) ATTORNEY — Established NW Iowa county seat law firm seeks an associate interested in general practice full-time. Benefits are competitive. Salary commensurate with experience. Send resume to Miller, Miller, Miller, P.C., 216 W. Main Street, Cherokee, IA 51012, or inquire at 712-225-5194. All applications and inquiries will be kept confidential. (3-11) ATTORNEY — Des Moines-area, AV-rated law firm seeks an attorney with two to five years civil litigation/trial experience. Transactional experience to include real estate would
be preferred but not required. Excellent credentials and admission to the Iowa Bar required. All replies held in strict confidence. Please send resume with cover letter to The Iowa Lawyer, Code 122710, 625 E Court Avenue, Des Moines, IA 50309 or email to isba@iowabar.org. Please include code number on outside of envelope if mailing and in subject line if e-mailing. (3-11) ATTORNEY — Nyemaster Goode, P.C., is seeking a corporate/transactional attorney with 5+ years of experience for its growing Cedar Rapids office. The ideal candidate would possess outstanding academic credentials and work experience; would have a strong work ethic; and would have developed a base of business. The successful candidate will be involved in the firm’s corporate/transactional matters, especially with respect to Nyemaster Goode’s clients located or doing business in eastern Iowa. Please send a cover letter and résumé by postal mail to John T. Clendenin, 700 Walnut Street, Suite 1600, Des Moines, Iowa 50309, by fax to (515) 283-3108 or by email to jtclendenin@nyemaster.com. All inquiries will be held in confidence. Nyemaster Goode is an equal opportunity employer. (3-11)
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 john@kujac.com • www.kujac.com (SE)
Expert Software LegalWorks Guidelines for Iowa. Windows version. Calculates child support pursuant to Iowa child support guidelines worksheet and client’s financial affidavit. Call 888-282-5291 for pricing and delivery information. Satisfaction guaranteed. LegalWorks Software, P.O. Box 22127, Des Moines, Iowa 50325. www. legalworkssoftware.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 bglf@longlines.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 Andrea Speten, 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)
Program also can provide speakers for local bar associations. Just ask. (TF)
Positions wanted BUSINESS-ORIENTED ATTORNEY — Looking for an attorney with strong business acumen? Legal, business and marketing professional with 15 years of experience just relocated back to Iowa and is seeking a position in or around the Dallas County area. Significant experience in the insurance industry. Resume can be viewed at The Iowa State Bar Association Career Center or contact troy@dvisioninc.net. (3-11) 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 letschlaw@yahoo.com. (2-11)
Practice for sale 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
CLASSIFIED ADS (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)
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space available WEST DES MOINES OFFICE SPACE — Twoperson 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)
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Iowa Lawyer January 2011 29
New Iowa Secretary of State –
Matt Schultz is first attorney to hold the position in 30 years By Steve Boeckman, Editor Matt Schultz credits the discussions about politics that his parents had when he was a kid and the work he had to do to earn merit badges in Boy Scouts for creating his interest in public office. The 31-year-old newly elected Iowa Secretary of State has a framed collection of those boy scout badges hanging in his law office in Council Bluffs to remind him. The partner in Schultz & Watson, LLP had to perform works in his local, state, national and world communities to earn the badges to achieve the coveted Eagle Scout status. That activity made him realize he could do more to help people if he were an elected official. “It was an arena where I could make a difference, and I wanted to make a difference,” the West Des Moines native says. The oldest of five boys started into public service early. At the age of 25, while in his third year of law school at Creighton University, he ran for a position on the Council Bluffs City Council. It was for the two-year unexpired term of a councilman who had resigned. He was re-elected to a full fouryear term, which he is now completing. That first race for a city council seat was the second most difficult race for public office he has encountered to date. The most difficult was his race for the secretary of state’s office. “It’s kind of been the story of my political life — always the underdog,” he laughs. His interest in the secretary of state’s office began about 2 ½ years ago. As a city councilman, he was heavily involved in bringing business to Council Bluffs and observed that the secretary of state’s office where all business filings are kept could be more proactive — more of an advocate for business.
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HANSEN, McCLINTOCK RILEY LAWYERS ALL TYPES CIVIL LITIGATION MEDIATION SERVICES Chester C. “Trip” Woodburn, III 218 Sixth Avenue, 8th Floor Des Moines, Iowa 50309 515-244-2141 515-244-2931 (Fax) hmrlawfirm.com 30
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He was also passionate about requiring voters to show an ID before being allowed to vote. Looking back on the campaign, it was the photo ID issue that probably got him elected in Matt works on his files as he shuts down his law practice for the transition a very tight race, he says. to his new role as Iowa’s Secretary of State. It was an easy message for people to grasp. He also acknowledges advice to and making good legislation for that the anti-incumbent businesses, he says. mood of voters in the 2010 election probHe also wants to work with the ISBA and ably helped him, although it wasn’t enough with bankers to streamline the filings with to give him the win. The anti-incumbent the secretary of state’s office. For example, mood energized a base of voters that he hopes to set up a system so that articles weren’t very energized, he says. of incorporation can be filed electronically and payments can be made online. Much work ahead He envisions a joint partnership with In addition to overseeing his transition the ISBA and business leaders and his team, Matt also has to wind down his office that will allow all parties to “get law practice. He started that process six behind things that make sense and go formonths ago by not taking any new clients. ward.” That includes nonprofits, he says. His practice is general, he says, with a lot of family law and litigation and a little Background as lawyer workmen’s compensation. Matt is the first attorney to hold the At the time of this interview in early secretary of state’s position in 30 years. December, Matt had turned over 10-15 He believes his training in the law and his cases to other attorneys, was in the process experiences as a private practitioner will be of transitioning another 30-40 cases and an asset to accomplishing the goals he has was finishing up 10 cases. His partner, Jim set for the office. Problem-solving skills and Watson has a full load with his own clients, plus his practice is primarily a transactional finding ways to make things happen that he learned in law school and honed in private one reflecting his training and work for 12 practice will be invaluable, he believes. years as a CPA before going to law school. Being able to read and interpret election As a result, Matt has had to find lawyers laws and business laws will also be a plus. outside the firm for most of his clients. He has three lawyers on staff, including “It’s not easy,” he acknowledges, although it’s no different than what an attorney must himself. He has also changed the job titles of many of the other positions in the office to go through when appointed to the bench. fit his vision of what the office should be. A couple of cases may spill over that he’ll Greater visibility is a fundamental change have to deal with after taking over as secrehe sees for the office. He also expects it to tary of state. Those should be wrapped up be much more proactive than in the past. within six months, he says. There’ll be a lot of traveling involved. “It’s a beautiful office, but I think I need Continued involvement with the ISBA to be out with the people gathering ideas,” Though he hasn’t been as actively he says. “People will see, for better or worse, involved in the ISBA as some attorneys his a new secretary of state office.” age and with the same number of years Because he anticipates being on the in the profession (he was admitted to the road a high percentage of his time, there Iowa Bar in 2006), Matt plans to continue is no big rush to move his family, which his membership in the association. He consists of Zola, his wife, sons who are also hopes to work with the ISBA on CLE eight and five and a daughter who is 16 seminars on election law, and in lobbying. He plans for the secretary of state’s office to months. The couple also is expecting another son in February. be much more involved in lobbying legislaWhen, and if, the family moves will be tors than it has been in the past. The bar up to Zola, he says. association has an important role in giving
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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: tdrew@drewlawfirm.com