Issuu on Google+

THE

Volume 71 Number 4 April 2011

Law Office

o l o s a g n i l t n a m e Dis c i t c a r p law

ALSO IN THIS ISSUE • Disciplinary actions • Discount coupons for legal service • On freckles and foreclosures • Saluting volunteers on Volunteer Week


The Right

Pick

FOR PROFESSIONAL LIABILITY COVERAGE Our family of companies has more than 60 years of professional liability experience, and today we protect more than 40,000 professionals.

&YYTWSJ^8MNJQI PROFESSIONAL LIABILITY INSURANCE

• Rated “A” (Excellent) by A.M. Best for financial strength and operating performance • No case settled without the insured’s consent • $50,000 in Claims Expenses Outside the Limits included • Risk management advice hotline at no additional charge

To learn more, call 1-800-510-8240 or visit www.attorneyshield.com.

INSURANCE COMPANY

14001 University Ave., Clive, IA 50325

Professional liability insurance is underwritten by Professional Solutions Insurance Company. A.M. Best ratings range from A++ to S. As an insured, your firm qualifies for up to 2 hours of risk management consultation annually. ©2009 PSIC NFL 9288


THE

CONTENTS Volume 71 Number 4 April 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: Finding work/life balance – Carroll...........................4

Discount coupons for legal services – Weresh....................................... 12

Reinert promoted to brigadier general (Photo & caption)......................... 5

2011 Affirmative Legislative Program........... 14 On Freckles and Foreclosures – Blink. ........ 16

Closing a law practice Tips from someone who has done it – Boeckman........................... 6 Planning ahead ensures a smoother transition.................................... 8 Iowa Supreme Court rules spell out the process................................ 10

CLE opportunities........................................... 17

Leadership institute (Photo & caption). ...... 7

Thousands of volunteer attorneys improve lives............................................... 29

Bar Foundation’s I Give Back – Chafa............ 8 Thanks to these speakers.............................. 11 THE

Postmaster: Send address changes to The Iowa Lawyer, 625 East Court, Des Moines, IA 50309. The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave., Des Moines, IA 50322. Telephone (515) 270-0402. Art Director: Melissa Thompson Classified Advertising Qualifying ISBA members – 2 months free; $75 thereafter Non-members – $110 for 100 words per insertion. See classified section for details. 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.

How to contact your legislator....................... 15

Admission on Motion........................................ 5

Volume 71 Number 4 April 2011

,AW/FFICE

G A SOLO IN L T N A DISM TICE LAW PRAC

ALSO IN THIS ISSUE • • • •

Disciplinary actions Discount coupons for legal service On freckles and foreclosures Saluting volunteers on Volunteer Week

Iowa’s weapons-carry law may not prevent federal disqualification.................. 23 Disciplinary actions........................................ 24 Transitions...................................................... 25 Classified ads................................................. 26

Judge Hefner investiture (Photo & caption).................................... 30

About the cover

Closing down an active law practice when a sole practitioner dies or becomes disabled unexpectedly, or has his or her license suspended is not an easy job. Nonetheless, it is important to protect the interests of clients, staff and survivors. Iowa Supreme Court Rules 35.16 and 35.17 specify the process. Planning ahead for a smooth transition is also important. Read the articles starting on page 6 for more details on how to plan ahead, close down an office and the experiences of one attorney, now a judge, who has done it three times. Cover design by Chris Fritz.

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 April 2011 3


The President’s Letter – Frank Carroll

Finding work/life balance Spring is here. The warm weather is beckoning you outside. So I thought this would be a great time to talk to you about that ever elusive work/life balance. We lawyers are a motivated, high-achieving, group. We are fortunate to have “purpose-filled” jobs in which we provide extreme-

ly valuable services to our clients. But those of us who don’t seek some balance in our lives tend to pay for it, often contributing to those oft-cited statistics about the unusually high rates of depression, substance abuse and worse, in our profession. So, for your reading pleasure, I put together a Top Ten list of tips to achieve work/life balance. In creating this list, I consulted a number of sources, including some of my associates, several of whom are young mothers. Although work/life balance is by no means an issue only for women, or even only for parents, I figured that these young mothers would be on the frontline of figuring out work/life balance every day. My thanks to them for their advice. 1. Schedule family and down time. The truth is, scheduled activities take precedence over unscheduled, and work creeps ever further into personal time. So schedule in your date nights and family nights and walks through the park, and stick to the schedule. You wouldn’t miss an appointment with a client, so don’t miss appointments with your family or yourself, either.

WHO’S WATCHING YOUR FIRM’S 401(k)?

Is your firm’s 401(k) subject to quarterly reviews by an independent board of directors? • Does it include professional investment fiduciary services? • Is your firm’s 401(k) subject to 23 contracted service standards? • Does it have an investment menu with passive and active investment strategies? • Is your firm’s 401(k) sponsor a not-for-profit whose purpose is to deliver a member benefit? • Does it feature no out-of-pocket fees to your firm? • Is your firm’s 401(k) part of the member benefit package of 37 state and national bar associations? If you answered no to any of these questions, contact the ABA Retirement Funds to learn how to keep a close watch over your 401(k).

Unique 401(k) Plans for Law Firms

Phone: (877) 947-2272 • Web: www.abaretirement.com • email: contactus@abaretirement.com The American Bar Association Members/Northern Trust Collective Trust (the “Collective Trust”) has filed a registration statement (including the prospectus therein (the “Prospectus”)) with the Securities and Exchange Commission for the offering of Units representing pro rata beneficial interests in the collective investment funds established under the Collective Trust. The Collective Trust is a retirement program sponsored by the ABA Retirement Funds in which lawyers and law firms who are members or associates of the American Bar Association, most state and local bar associations and their employees and employees of certain organizations related to the practice of law are eligible to participate. Copies of the Prospectus may be obtained by calling (877) 9472272, by visiting the Web site of the ABA Retirement Funds Program at www.abaretirement.com or by writing to ABA Retirement Funds, P.O. Box 5142, Boston, MA 02206-5142. This communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a request of the recipient to indicate an interest in, Units of the Collective Trust, and is not a recommendation with respect to any of the collective investment funds established under the Collective Trust. Nor shall there be any sale of the Units of the Collective Trust in any state or other jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities laws of any such state or other jurisdiction. The Program is available through The Iowa State Bar Association as a member benefit. However, this does not constitute an offer to purchase, and is in no way a recommendation with respect to, any security that is available through the Program. C09-1005-035 (07/10)

4

the

Iowa Lawyer April 2011

2. Track your hours. For one week, keep track of ALL your hours – not just the billable ones, but also the travel ones, the family ones, even your sleep. You might be surprised at the result. You may find you spend a lot more time with family and on non-work activities than you thought (which gives you a little less reason to feel so guilty about it all). Or you may find you do need to get some more non-work time in. Either way, you’ll now have data which you can use to effectively take the next step which is… 3. Cut things out – on purpose. If you don’t prioritize your time, then time itself will make the decision for you about what doesn’t get done. And you may later regret the things time chose to cut out. So instead, look through your data from tip 2, keep the important things in your schedule, and cut out the stuff you can live without. 4. Focus. One big tip for keeping your focus: take your phone calls, texts, e-mails, etc., in batches. If you check every single e-mail or other communication as it comes in, you could not only spend your entire day just doing that, but you also never get the concentration time you need to get a task fully completed, or a child or partner fully listened to. As one article I read recently put it: Learn the power of “single-tasking.”


5. Don’t sweat the small stuff – and farm it out if you can. Your job is important. Your family is important. Your mental health is important. Washing the kitchen floor is not always important. And did you know that mowing your yard once every other week actually helps the grass grow and chokes out the weeds? So try to put the kids and spouse before the grass when you can. Better yet, hire the neighbor kid, or even a service, to mow the grass for you. It doesn’t make you lazy – it makes you a good delegator. 6. Have a hobby. Preferably a completely non-law-related hobby. It really is good to get your mind off of the law occasionally – your family and friends will thank you. When I became ISBA President, and realized I would have to write this monthly letter, I asked one of my daughters for suggestions for topics (and if you’ve been reading these, you’ve seen the results). My daughter’s husband, however, suggested I dump the law theme altogether in these letters and write a 12-part continuing superhero saga. I think many of us might be happier if I’d taken his advice.

activity. Think about the priorities you set in tips 2 and 3 above, and then figure out how many hours you have left to commit to something new. If you don’t have the hours, and there is any way to say “no,” then do so. 8. Ask for help. You are not alone in the world. Assistants, spouses, friends, baby sitters and cleaning services are all there to help; use them! Even solo practitioners can refer cases out once in awhile. 9. Breathe. Meditation, exercise, even just an occasional deep slow breath – these things help you focus, give you the strength you need to deal with all parts of your life, and they feel really good. 10. Think long term. Try to look at today as it will appear to you 20 years from now. Are you going to be happier about having worked 14 hours, or happier that you spent some quality time with your loved ones? I’m not saying which one you’ll choose – just asking you to think about it first.

ADMISSION ON MOTION The following individuals have applied for admission on motion to the Iowa Bar. David J. Tarrell, McGough Law P.C., L.L.O., Omaha, Neb.; Patrick B. Griffin, Kutak Rock LLP, Omaha, Neb.; Camille Inocelda Thompson, sole practitioner, Chicago, Ill.; Justin Peter Weinberg, Gislason & Hunter LLP, Minneapolis, Minn.; Christopher Bartling, Bartling & Hinkle, P.C., Lincoln, Neb.; Brent Michael Pattinon, selfemployed, Seattle, Wash.; Keith A. Horvat, Lieben Whitted Houghton Slowiaczek Cavanagh, 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.

I wish you all a bright and balanced spring!

7. Just say no. Whenever possible, stop a minute before saying “yes” to a new

Promoted to brigadier general Newly promoted Brigadier General Patrick Reinert, U.S. Army Reserve (right), receives congratulations from Commander Peter Welch (Navy-retired) during a reception honoring his promotion at Camp Dodge in Johnston. An assistant U.S. attorney general for the Northern District of Iowa in his civilian life, General Reinert will serve as chief judge (Individual Mobilization Augmentee), U.S. Army Court of Criminal Appeals in Arlington, VA in his military capacity. General Reinert and his wife, Marla, have five children. As assistant U.S. attorney, he is chief of the Organized Crime and Drug Enforcement Task Force in Cedar Rapids the

Iowa Lawyer April 2011 5


Closing a law practice –

Tips from someone who has done it – three times By Steve Boeckman, Editor

Iowa Court Rule 35.17 entitled “Death or Suspension of Practicing Attorney” spells out the requirements that must be met when closing the law practice of an attorney who dies unexpectedly or who has his or her license suspended. Implementing those requirements, however, requires creativity and being able to adapt to the personality of the attorney whose practice is being closed, says newly appointed Third District Court Judge Jeffrey Poulson. He went through the process three times while an attorney with firms in Sioux City – twice with an attorney who became disabled and once with an attorney who was killed in an auto accident. He offers some practical suggestions based on his experiences. The quickest way to get the process started is through the local bar association, Judge Poulson says. The court rule permits the supreme court’s Attorney Disciplinary Board to initiate a sworn statement to get the process started, but “no one knows the local situation like the local bar,” he says. Timing is of the essence, he adds. The sooner you get started the more resources you have to work with. For one thing, the affected attorney’s staff may still be on hand to help. For another, there may be pending deadlines that need to be addressed. Plus, one of the major responsibilities is to secure the attorney’s trust account, and the sooner that can be done the better. Rule 35:17 states that the trustee appointed by the chief judge of the district

and confirmed by the supreme court shall “inventory the files, sequester client funds, and take any other appropriate action to protect the interests of the clients and other affected persons.” Those are broadbrush objectives, Judge Poulson explains. As trustee, you have to figure out in a commonsense way how to achieve what’s in the rules. That’s where the creativity comes in. You have to decide what’s appropriate in each case.” For example, in his first appointment as trustee, the assignment was to close the office of an attorney who simply walked away from an active practice. The attorney returned after a time, underwent treatment for his mental condition and wanted to return to practice. In that case, the goal was to handle the pending cases, make sure the funds were handled appropriately but not drive away the clients so there was no practice left. It was a very delicate situation, the judge recalls. “I had access to his office and he didn’t. I was responsible for contacting clients and making sure their best interests were served, not punishing him nor unnecessarily harming the practice. With a disability situation, the hope is the person can get help and come back. “It requires a lot of people handling skills. It’s a very delicate issue.” After about a year, the attorney returned to the practice, but decided within a year that it wasn’t for him and left again. Judge Poulson was again appointed trustee, this time to actually close down the practice.

Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer

ISBA’s “FIND-A-LAWYER”

The NEW Lawyer Referral Program

Find-A-Lawyer

Grow your practice Reach out to potential new clients Receive referrals targeted to you Capitalize on advertising and promotion provided by the ISBA Help the public access Iowa lawyers Improve ISBA’s response to public inquiries E-mail Mary Hill at mhill@iowabar.org or call 515-697-7870

A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-

Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-

Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer

6

the

Iowa Lawyer April 2011

His third appointment to close down the practice of a sole practitioner who was killed in a car accident was similar to his second . Both cases were much more cut and dried than the first, he says. Gaining access and taking control of the office is the first hurdle, regardless of the circumstances, that requires a trustee to be appointed, according to Judge Poulson. Gaining access is relatively easy if the attorney has staff who are still working, or if the affected attorney had made prior arrangements with the landlord as suggested in the planning article on page 8. Otherwise, you have to track down the landlord and convince him/her that you are authorized to enter the office. Judge Poulson used the court order appointing him as trustee to convince the landlord to let him in. Locating the trust account and freezing it is the first order of business, he says. In all three cases, he also used the orders from the court to put the accounts in his name so no checks could be negotiated without his signature or the consent of the supreme court’s Client Security Commission. Once he had sorted through all of the client monies deposited into the account, those that had been paid out and what clients belonged to what funds, he petitioned the court to have an accountant audit the account. He then filed a petition with the court attaching the audit and outlining how he proposed to distribute the monies to the clients. The petition requested a hearing with a deadline for objections. The goal is that “all money that comes through your hands gets returned to the proper owners,” he says. “You want to be careful to get proper authority before any money leaves your control. If you get proper authority, you have much less chance of getting into trouble.” He gave notice to the Client Security Commission and all parties interested in the trust account, including the lawyer or his estate on all of his transactions. The second concern is identifying pending cases, Judge Poulson says. That’s also a time-sensitive issue. This is another case where having staff on hand can be a big help.


He contacted court administrators and prepared a list of court dates where the attorneys were obligated to appear. Then he contacted the affected clients and told them their lawyers weren’t going to be there for them, ascertained whether they had other counsel and suggested other attorneys who might take their cases. “You want to assist them in any way you can to get representation,” he says. “The rule is very clear that the trustee cannot take on any of the displaced clients, which is a blessing.” The third concern is determining what files are active and inactive, and getting all files to their respective owners. He generally drafted a form letter that he sent to clients asking them to pick up their files at a certain time and place. Having a staff person to help sort through the files and send out the letters is a real asset, he says. Judge Poulson made it a practice to get receipts for all files. In some cases, the files were abstracts and other documents of value. Receipts helped guard against individuals coming back later and claiming they didn’t receive their files. Despite your best attempts, you inevitably will end up with some files – a “small pile” -- that don’t have a home, and you have to find some place to store them, he says. He was lucky in that the disabled attorney agreed to store the files from his practice, and the executor in the case of the deceased attorney agreed to store the remaining files. Judge Poulson can’t remember how long it took to close up the disabled attorney’s

practice. However, he recalls that it took about 1 1/2 years to close down the deceased attorney’s practice. In all cases, once the work was finished, he turned in a final report and requested the chief judge approve all of his actions as trustee, and dismiss him as trustee. The report also provided information on where remaining files would be stored, and how clients could gain acess to them. By court rule, a trustee is to be paid for his or her services. Payment can come from any number of sources. Depending on those sources, don’t expect it to be swift. Judge Poulson says he was paid by the disabled attorney directly. However, the deceased attorney’s estate was insolvent. Eventually, he received payment from the Client Security Commission, although he had to exhaust all efforts to recover payment from the estate before the commission agreed to pay. There was a fairly significant delay, he recalls. What was the impact on his own practice? Not much, really, he says. You have to treat this type of assignment as “if you have another fairly demanding client. Early on it requires a lot of time; later on less so.” He really didn’t mind the assignments, although he probably would have chosen a different kind of “new client” given the option. He believes that the profession has an obligation to police itself. All members have an obligation to give back to the profession.

Would he do anything different? “Nothing comes to mind,” he says. “I’m sure there were some things that I could have handled differently.” He can only speculate at this point, however. As a judge, he isn’t allowed to close down law practices because that would involve practicing law, which he is no longer able to do.

attorneys  clients  knowledge experience               

Leadership institute

ISBA Vice President Cindy Moser (center) and President-Elect Bob Waterman (right) pause for a photo with (from left) ISBA Executive Director Dwight Dinkla, ABA President Stephen Zack and ABA President-Elect Bill Robinson during the ABA’s Bar Leadership Institute in mid-March. The officers attended sessions on bar governance, finance, communications and planning for a presidential term during the two-day institute held in Chicago. The institute is held annually as part of the ABA’s longstanding goal of fostering partnerships with state and local bars and related organizations.

   the

Iowa Lawyer April 2011 7


Closing a law practice –

Planning ahead ensures a smoother transition for everyone involved

The best way to avoid the hassles for someone else to come in and close your law practice in case of your sudden death, disability or license suspension is to have a plan in place. Paul Wieck II, director of the Iowa Supreme Court’s Professional Regulation office, prepared some do’s and don’ts for creating such a plan as part of a CLE presentation in 2004. The complete report entitled “Lawyer Death and Disability Planning” can be found on the Iowa Judicial Branch website at this address: http://www.iowacourts.gov/

professional_regulation/attorney_regulationcommissions/client_security/index. asp?search=contingency+plan#_1, or by clicking on “Professional Regulation,” then on “Attorney Regulation/Commissions” and scrolling to the bottom of the screen on the website (www.iowacourts.gov). The court also has a flyer entitled “Succession Planning for a Smooth Transition.” The link for it can be found on the same page as the complete report. According to the report, much of the confusion and expense involved in the closing of your practice after your death

or disability can be minimized by some prior planning and disciplined conduct of your practice prior to your departure. Recommended measures include: • Selection of another attorney to serve as your backup. This could be a mutual arrangement. The selection should be made with care, as your backup attorney will be responsible for the transition of your clients and your office, and probably also for proper disbursement of client funds in your trust account. • A written agreement between you and your backup on the scope of the duties to be performed. Your consent to their performance is highly recommended. The agreement should include language sufficient to make the backup attorney’s powers durable in the event of your disability. See Iowa Code section 633.705 (2003) • Familiarizing your backup attorney with your office procedures and systems. Consider providing your backup attorney a tour of your office, with introductions to your staff, explanations to staff on the role your backup likely will play in the event of your death or disability, and familiarization with where to locate and how to use the key practice organizational tools of your office. • Providing your clients full disclosure of the existence and purpose of the backup agreement and obtain their informed consent. An appropriate vehicle for this advisory may be your standard engagement letter or retainer agreement. • Advising your family about the existence and the purpose of the backup agreement. Your agreement should describe each of the events that will trigger the authority created in the agreement, and who the decision-maker will be on the occurrence of each such event. You will want to specify in the agreement whether your backup will act as your agent or as your lawyer. If your backup attorney is acting as your lawyer, then his

8

the

Iowa Lawyer April 2011


or her primary duty is to you. He or she would not be able to inform your clients of any errors discovered in the work you had performed, unless you expressly consent to and direct such disclosures. The backup attorney would be reliant on his or her own professional liability coverage for errors made during performance of duties under the backup agreement. The backup’s duties as your counsel would increase the probability that conflicts of interest would prevent the backup from assuming duties as successor counsel for your clients. If your backup attorney is acting solely as your agent, he or she could provide your clients notice of errors, just as you would have done had you been able. However, the backup attorney’s professional liability coverage may not provide coverage for services as an agent, and some arrangement for indemnity of the backup might be necessary. Acting solely as your agent, the potential for conflicts likely would be diminished, such that the backup could more easily assume duties as successor counsel for your clients. Durability language as described in Iowa Code section 633.705 is a crucial inclusion in your backup agreement. The agreement should make clear that it is intended to serve both as the recordation of your agreement regarding the duties and responsibilities of your backup, and as a durable power of attorney vesting your backup with full authority to execute the duties and responsibilities provided in it, despite your disability. Other issues you will want to consider addressing in your backup agreement include the following: • Authority to enter the office, take charge of equipment, supplies, files. • Authority to receive and process mail. • Authority to contact current clients regarding their files. • Authority to obtain continuances or extensions as necessary. • Authority to collect fees. • Payment of firm expenses and client costs. • Authority to prepare final accountings and statements for clients. • Authority to make trust account disbursements and deposits. • Authority to arrange “tail” professional liability coverage. • Provisions for compensation of the backup attorney.

• Provisions for compensation of staff. • Authority to properly dispose of inactive files. • Authority to arrange for storage of files and trust account records as required. • Authority to terminate leases. • Authority to liquidate or sell practice. Iowa Supreme Court Rules 35.16 and 35.17 prescribe most of the above actions (see companion article on page 10). However, including them in a plan enables the backup attorney to expedite the process once he/she has received the appointment order from the chief judge and the order has been confirmed by the supreme court. Time is of the essence in this process, according to Jeffrey Poulson, now Judge Jeffrey Poulson, who completed three closures while an attorney in private practice (see companion article on page 6). To make your plan work smoothly, follow these action steps: • Consult with your bank to ensure that the provisions of your backup agreement pertaining to authority over bank accounts will be honored. • Ensure that your staff or software can produce an accurate list of current clients, addresses and telephone numbers. • Ensure your staff or software can produce an accurate list of deadlines in pending matters. • Keep your billing and trust account records up to date. • Avoid keeping original client documents (e.g., wills, abstracts) in client files; consolidate and index your holdings of these documents or return them to clients. • Periodically purge old files after proper notice to the clients and passage of the minimum retention period. (For additional information, see Ethics Opinion 08-02 dated March 4, 2008. It can be found on the ISBA website under “Practice Tools,” then “Ethics Opinions.”)

sisted by the lawyer designated for the estate, or another lawyer specially appointed to administer the practice. Accordingly, you will want to maintain a current will, designating your personal representative and alternates, so that probate of your estate can be opened and a personal representative can be appointed quickly upon your death. Consider including language in your will empowering your personal representative with broad authority, along with such professionals as the personal representative may engage, to administer your practice in an effort to preserve its value pending disposition and assist with orderly transition of client matters. Consider instructing your personal representative to engage your backup attorney for that purpose, with the appointment order or engagement incorporating provisions of the backup agreement. You will want to consider the likely cash flow situation of your practice upon your disability or death. If the remainder of your property (other than your practice) is likely to pass by operation of law to your spouse or other family members, your practice might be placed in a cash-poor situation, especially if your accounts receivable are not amenable to rapid billing. Cash flow needs of your practice for routine expenses and compensation of staff likely will continue for some period after your departure. You may want to consider practice interruption, disability insurance and insurance on your life as the sources for interim capital to operate the practice in the event of your disability or death.

  



   

  



The authority of your backup attorney under the backup agreement and durable power of attorney will terminate at your death. At that time, your personal representative (if any) will possess general authority to administer the practice incident to administration of your estate. Your personal representative may be as-

     

  

 



Iowa Lawyer April 2011 9 2¼ x 2½ the


How to close a law practice –

Iowa Supreme Court Rules 35.16 and 35.17 spell out the process

The recent sudden death of George Goebel, a 73-year-old sole practitioner in Davenport, raises the question of how to close down a law practice when an attorney dies. Iowa Court Rule 35.17 entitled “Death or Suspension of Practicing Attorney” spells out the requirements that must be met. Rule 35.16 addresses the requirements for handling the law practice of an attorney who becomes disabled. Many of the requirements are the same. According to the rules, the process must begin with a sworn application from a local bar association or the Iowa Supreme Court Attorney Disciplinary Board showing that a practicing attorney has died or been suspended or disbarred and a reasonable necessity exists. The

application is filed with the chief judge of the district, who appoints “a lawyer or lawyers to serve as trustee to inventory the files, sequester client funds and take any other appropriate action to protect the interests of the clients and other affected persons.” The appointment by the chief judge is then sent to the Iowa Supreme Court for confirmation. Once appointed, the trustee should: • Secure the office, files and other property including trust and business accounts. • Protect the confidences of clients just as the disabled or decedent lawyer would have protected them. • Provide notice of the death or disability to clients, opposing counsel and the court in all pending matters; notify clients of the right (and need) to engage other counsel. • Be alert for conflicts of interest with the trustee’s own practice. • Identify imminent deadlines if possible, and provide specific notice to clients regarding these deadlines. • Locate all trust account monies and records, and make arrangements to return all monies and records to the rightful owners. • Refer potential claimants to the Client Security and Attorney Disciplinary Commission for claims process, when appropriate. • Inventory and return files to clients to the extent possible; provide proper notice before destruction of any files; make storage and ultimate destruction arrangements for files not subject to immediate destruction. • Maintain a record of all actions taken, and file interim reports and a final report with the appointing chief judge regarding the actions taken. The attorney appointed as the trustee must meet certain criteria when closing the practice. He or she must:

10

the

Iowa Lawyer April 2011

• •

Not serve as a lawyer for the clients of the deceased or disabled lawyer and other affected persons Not examine any papers or acquire any information concerning real or potential conflicts with the trustee’s clients Promptly recuse himself/herself or refuse employment in the matter presenting the conflict of interest should information concerning real or potential conflicts be acquired inadvertently.

The practice among trustees appointed under Rule 35.17 has been to file an initial report shortly after appointment to advise the court of what initial findings were made and actions were taken by the trustee. The initial reports typically are followed by periodic interim reports as needed, and a final report once the trust is deemed ready for closure. Trustees may seek reasonable fees and reimbursement of costs from the deceased attorney’s estate, from the attorney whose license to practice law has been suspended or revoked, or from a disabled attorney. If payment is not available from these sources, he or she may apply to the Client Security Trust Fund. Although the rule does not so specify, trustees generally have first submitted their claim for fees and expenses to the appointing chief judge for approval before attempting collection from the decedent’s estate or from the Client Security Trust Fund. Approval of a claim for fees nonetheless is discretionary with the Client Security Commission and Attorney Disciplinary Board. In practice, the commission generally approves fees for expenses plus all reasonable time expended in trust administration at the prevailing hourly rate in the area where the trustee practices. Once all actions involved in taking care of the clients for the deceased/suspended/disabled attorney are complete and all other activities required of the trust are accomplished, the trustee may apply to the chief judge for an order to terminate the trust.


Thanks to these speakers

The ISBA would like to thank these speakers for sharing their knowledge with attorneys attending ISBA-sponsored CLE seminars.

January 2011

Jan 5 — Technical Review of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act Prof. Roger McEowen, Iowa State University CALT, Ames. Joe Kristan, Roth & Company, Des Moines.

Feb. 23 — The Historical Perspective of African Americans Appointed to the Bench in the State of Iowa Hon. Romonda Belcher, District 5C Associate Judge, Des Moines.

March 2011

Jan. 13-14 — Basic Skills Course

Michael Streit, Johnston. Steven Ballard. Leff Law Firm LLP, Iowa City. Eric Tindal, Nidey Wenzel Erdahl Tindal & Fisher, PLC, Williamsburg. Barry Lindahl, City of Dubuque-City Attorney’s Office, Dubuque. David Bright, Meardon Sueppel & Downer PLC, Iowa City. Timothy Krumm, Meardon Sueppel & Downer PLC, Iowa City. Deanna Clingan-Fisher, Iowa Department on Aging, Des Moines. James Meade, Meade Law Office, West Des Moines. Ross Barnett, Abendroth & Russell, P.C., Urbandale. Paul Wieck, Office of Professional Regulation, Clive.

March 9 — Social Security Issues for General Practitioners

Jan. 21 — An Hour with EEOC Commissioner Ishimaru

Prof. Gordon Allen, Drake Law School, Des Moines

Timothy Kidd, Law Offices of Thad Murphy, Dubuque

March 11 — Implied Consent Telephone Hearings: What You Need to Know John Priester, Administrative Law Judge with the Iowa Department of Inspections and Appeals, Division of Administrative Hearings, Des Moines

March 29 — Intellectual Property Licensing Considerations for the General Practitioner Jill Link, McKee, Voorhees & Sease, Des Moines

March 30 — State and Federal Constitutions

EEOC Commissioner Stuart Ishimaru, Washington, DC

Jan. 21 — Open Records, Telephone CLE Carol Moser, Assistant City Attorney, Des Moines.

February 2011

Feb. 9 — Bankruptcy from the Debtor’s Perspective

Robert Gainer, Garten & Wanek, Des Moines.

Feb. 11 — Appellate Practice Seminar

Donna Humpal, Clerk of the Iowa Supreme Court, Des Moines. David Beckman, Beckman Law Office, PLC, Burlington. Nick Critelli, Nicholas Critelli Associates, P.C., Des Moines. Jennifer Wadsworth, Judicial Trainer, Des Moines. Hon. Dale Ruigh, District 2B judge, Nevada. Doug Marek, Ames City Attorney, Ames. Justice David Wiggins, Iowa Supreme Court, Des Moines. Hon. Mary Tabor, Iowa Court of Appeals, Des Moines. Christine Mayberry, Deputy Clerk, Iowa Supreme Court

See mediate.com/stevesovern for dates or Ph. 319.626.6222 – Email: sovern @mediate.com

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 April 2011 11


20% off pilates and partnerships!

Discount coupons for legal services By Melissa H. Weresh*

Check out this Valentine’s Day promotion — a free divorce! For the past four years, Charleston, W. Va. lawyer Rusty Webb has given away a free divorce to the contestant who presents him with the most compelling divorce story. The deal is limited to “an uncontested, no-fault divorce with no, or minimal, child custody issues,” and the winner is “responsible for all fees, costs and expenses associated with the divorce.” Nonetheless, according to news sources, Webb routinely receives up to 30 entries per year. Is this a sophisticated marketing initiative? The Webb Law Offices website prominently features the contest. Moreover, it is conceivable — if not likely — that some of the disappointed contestants will ultimately utilize the services of the firm. What about the use of coupons for legal services? A Google search of “legal services coupons,” links to an online site for coupons, RetailMeNot. The site contains

? ? ?

? ? ?

Workers Compensation And Civil Litigation Mediation Services Iowa and Nebraska Rita C. Grimm Heidman Law Firm, L.L.P. 1128 Historic 4th Street Sioux City, IA 51101 (712) 255-8838 Fax: (712) 258-6714 Rita.Grimm@heidmanlaw.com www.heidmanlaw.com

12

the

Iowa Lawyer April 2011

coupons for legal services, including the preparation of wills and articles of incorporation.

Introducing the Groupon:

Launched in 2008, Groupon is a daily coupon targeted to a specific geographic area. Groupon teams with local businesses to come up with a “deal of the day” for discounted services. Groupon then sends the deal via e-mail to its registered users. According to Wikipedia, “[t]he Groupon works as an assurance contract . . . if a certain number of people sign up for the offer, then the deal becomes available to all; if the predetermined minimum is not met, no one gets the deal that day. This reduces risk for retailers, who can treat the coupons as quantity discounts as well as sales promotion tools. Groupon makes money by keeping approximately half the money the person pays for the coupon.”

Benefits of Groupon:

CNBC Media Money correspondent Julia Boorstin describes some benefits of using Groupon. First, groupon users are often likely to spend more money in an establishment than the value of the groupon. Moreover, groupon users may bring friends to the business, and may become repeat customers. In addition to those benefits, the e-mail blast associated with the groupon represents advertising, even to folks who do not ultimately purchase the groupon. While there are fees associated with this advertising in terms of the 50 percent profit split with Groupon, there are no fees associated with consumers who do not initially purchase a groupon, but later become customers because of the information in the initial groupon blast. In “Doing the Math on a Groupon Deal,” New York Times Business writer Jay Goltz notes, “I have never seen anything that is both so celebrated and demonized . . .” Goltz concludes that “groupon is advertising,” and that there are eight key calculations any small business should use to determine whether Groupon is a better advertising vehicle than another alternative. He advises that businesses consider the following: 1. Your incremental cost of sales — that is, the actual cost percentage for a new customer. If you are giving boat tours and have empty seats, your incremental

costs for an additional customer are next to nothing. If you are selling clothes, your incremental costs might be 50 percent of the sale price. Food might be 40 percent. In any case, don’t include fixed costs that you would be incurring any way. 2. The amount of the average sale. If the coupon is for $75, will the customers spend more that that? I have seen more than one retailer complain that nobody spends more than the value of the coupon. That’s unlikely, but I am sure it can feel that way, and that is my point: Keep track. 3. Redemption percentage. You don’t really know until the end, but from my experience and from what I have heard, 85 percent is a good guess. 4. Percentage of your coupon users who are already your customers. I’m sure this number varies tremendously depending on the size of your city, how long you have been around and the type of business. 5. How many coupons does each customer buy? (The more they buy, the fewer people are exposed to your product or service.) 6. What percentage of coupon customers will turn into regular customers? Again, it can seem as if they are all bargain shoppers who will never return without a discount, but that’s almost impossible. Is it possible 90 percent won’t return? Sure. 7. What is the advertising value of having your business promoted to 900,000 people — that’s the number on Groupon’s Chicago list — even if they don’t buy a coupon? 8. How much does it normally cost you to acquire a customer through advertising? Everything is relative. Assessing the main distinction between traditional advertising and Groupon, Goltz concludes, “Traditional advertising requires spending some money and knowing that it can be lost if the ad doesn’t work. With Groupon, you spend no money up front but you mess with your formula for making money. You can win big and you can lose big.”


A Harvard Business School study concluded that Groupon is best suited for businesses with a low cost of goods and perishable products, such as restaurants, gyms and spas. That report, available on the Harvard Business School Working Knowledge website, explains, “Discount vouchers seem to be most compelling for merchants with a low cost of goods sold and with a highly perishable product. Restaurants fit the bill in that ingredients are often just 30 percent of menu price, and every hour a table sits empty is lost revenue that can never be recovered. So, too, for spas, gyms, hotels and many other services.” In contrast, retailers of durable products like clothing have a higher cost of goods, and can hold inventory for future sale, “[s]o marginal business is less urgent for them.”

Can (or should) Groupon work for lawyers?

On Nolo’s Legal Marketing Blawg, Carolyn Elefant identifies practical concerns regarding the use of groupons for legal services. Groupons are typically priced so that customers can redeem a product without paying the full price. Elefant explains, “if I buy a $10 Groupon for “$20 worth of food at XYZ Restaurant,” it’s usually enough for at least one, if not two meals . . . By contrast, if a $10 Groupon offered $20 of food at a five-star gourmet restaurant, I doubt that many people would buy it, because they’d have to spend more money at the restaurant in order to get the value of the Groupon.” In terms of legal services, customers would want to know they are receiving discounted services, which is difficult to anticipate for many legal matters. Elefant further notes that, because a groupon is a form of advanced payment for services, some consumers may not use the service immediately. “If a lawyer offers a $100 incorporation on Groupon, and 50 clients accept the deal, the lawyer receives $2,500 (50 percent of the $5,000 total) once the deal goes through. However, clients might not use the service for another three months. Would that require the lawyer to place the funds in a trust account?” Finally, Groupon may present an ethical concern with regard to fee splitting. Because consumers pay one price for the groupon, and that price is split between the service provider and Groupon, a North Carolina ethics committee staff opinion questioned whether the use of a groupon for legal services constituted unauthorized fee splitting. While the staff opinion has not been made available online, Debra Cassens

Weiss, a writer for the ABA Journal Law News Now, reviewed the opinion. The opinion acknowledged that “The [NC] Ethics Committee recently approved participation in a barter exchange program in which members of the exchange pay a cash transaction fee of 10 percent on the gross value of each purchase of goods or services.” In contrast, “the Groupon compensation, negotiated on a case-bycase basis, ‘is a percentage of the amount actually paid to the lawyer and appears to constitute revenue sharing with a nonlawyer.’” Do you agree that the use of a groupon constitutes unethical fee sharing? Elefant concludes, “Though personally, I don’t find much mischief in fee splitting as a way to spread advertising costs, I can easily see many other bars taking the same approach.” However, some bloggers have considered the issue in the context of the comments to the rule on fee splitting, which explain that the limitation on splitting fees between lawyers and nonlawyers is designed “to protect the lawyer’s professional independence of judgment.” In response to a tweet on the issue sent by blogger Staci Zaretsky of The Lawyerist,

Thomas Druan wrote, “Even though someone pays a fee for legal services, which then gets split between Groupon and an attorney, the relationship between Groupon and the attorney does not extend beyond that of any other advertiser. I don’t see how the attorney could be influenced by the relationship one way or another.” One evidently exasperated blogger on Practicehacker concluded, “NC Bar Association get over yourself. Attorneys and their clients have been negotiating mutually beneficial arrangements for centuries including discounts, group-buying, barter, exchange and, last but not least, good old fashioned cash payments. I think they’ll be able to handle Groupon without your condescending rules on what is ‘in the client’s best interest.’” What are your thoughts on coupons, Groupons, and lawyer advertising? Read about any intriguing ethical issues lately? As always, I welcome your thoughts. *Melissa Weresh is professor of law, director of legal writing for Drake University Law School, and periodically provides articles for the Iowa Lawyer on professionalism, communication and interpersonal dynamics in law practice. The author welcomes suggestions as to content, and can be reached at Melissa.weresh@drake.edu.

IPE 1031 has acquired

IPE 1031 1922 INGERSOLL AVENUE DES MOINES, IOWA 50309 515.279.1111 • 888.226.0400 FAX 515.279.8788 WWW.IPE1031.COM the

Iowa Lawyer April 2011 13


IOWA STATE BAR ASSOCIATION — 2011 Affirmative Legislative Program Bill No. Bill Subject

Bill Description

HF 564/ SF 493

Uniform Common Interest Ownership Act

Creates new Code Chapter 499C, Uniform Common Interest Ownership Act, which establishes requirements and procedures for common interest communities, unit owners associations, and executive boards relating to amending governing instruments, meetings, rules, records, notices, and enforcement actions.

HF 539/ SSB 1146

Mineral Rights

HF 539 placed on Makes the provisions of Code Section 614.24 applicable to mineral rights so dormant House Calendar. mineral rights are either 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..

HF 243 / SF 156

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.

HF 565

Service on Foreign Corporations in in rem Actions; Revised LLC Act Corrections

Passed the House 93-0 Amends Code Section 490.1510 to provide a mechanism for serving process on a foreign corporation, with respect to an in rem action, which does not have a certificate of authority on 3/14/11. Approved by to transact business in IA. Amends the Revised LLC Act to provide that a professional LLC Senate Judiciary Committee. may be referred to as a “professional limited company” or abbreviations of that name, which is the same name or abbreviations that were recognized under the old LLC Act.

HSB 8/ SF 494

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.

SF 494 Passed the House, as amended, 50-0 on 3/15/11.

SF 244

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.

Passed the Senate 49-0 on 3/8/11. Passed the House 97-0 on 3/22/11.

HF 458

Construction Law – Public Improvements

Amends Code Section 573.15 notice requirements for subcontractors or material suppliers.

Passed House 55-39 on 3/24/11.

HF 609

Probate/Trust Law

Contains update amendments to Iowa Probate Code, Trust Code, Inheritance Tax Chapter, Medical Assistance Trusts Chapter.

Passed House 99-0 on 3/21/11.

HSB 45 / SSB 1005

Tax Law Capital- Amends Iowa Code Section 422.7(21)(a)(1) to extend the Iowa capital gains exemption Gains Exclusion 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

SF 259

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. Amends Code Section 907.5 to specify that a defendant’s mental health and substance abuse history be considered by the sentencing court as factors in determining whether to defer judgment, defer sentence, or suspend sentence. Requires court to consider available treatment options.

Passed the Senate 50-0 on 3/7/11. Passed the House 97-0 on 3/22/11.

HF 607 / SSB 1058

Juveniles & Class “A” Felony

SSB 1058 amends Code Section 902.1 to provide life with parole with a 25-year mandatory minimum term of confinement for offenders who are convicted of committing non-homicide Class “A” felonies as juveniles. HSB 44 was amended in House Judiciary Committee to provide the court discretion to grant a mandatory minimum term of confinement within a range of 30-45 years. ISBA Criminal Law Section opposes amended HSB 44.

HF 607 placed on House Calendar. SSB 1058 approved by Senate subcommittee.

HSB 9

Assault as General Amends the elements of the Assault statute (Code Section 708.1) to return Assault to its traditional characterization as a general intent crime. Intent Crime

SF 365

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.

Passed the Senate 49-0 on 3/14/11. Approved by House Judiciary Committee.

HSB 12

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.

Dead for 2011 session.

14

the

Iowa Lawyer April 2011

Bill Status HF 564 placed on House Calendar. SF 493 amended and voted out of the Senate 50-0 on 3/15/11.

HF 243 passed House 98-0, 2-15-11. Attached to SF 156, which is approved by Senate Judiciary Committee and on Senate Calendar for consideration.

HSB 45 approved by House Subcommittee/ SSB 1005 assigned to Senate Ways & Means Committee.

Assigned to House Judiciary Committee. Dead for 2011 session.

Last updated: 3/6/11


a

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. efforts and full funding for child abuse Adoption of legislation providing for prevention and treatment. 5. Opposition to the legalization of title insurance. an automatic, periodic increase in indigent defense fees. 6. Opposition to any proposal to restrict lawyer abstracting under Iowa Title Guaranty. Full funding for Legal Services. 7. Opposition to absolute immunity legislation. Child abuse prevention and treatment

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.

PROCESS SERVICE PROCESS PROCESSSERVICE SERVICE

E-Mail All legislators have the same format for their e-mail addresses. It’s their first Attorney's names (.) lastChoice, name @legis.state. LLC ia.us. A list of Iowa legislators and their Attorney's Choice, LLC Attorney's Choice, LLC Private Process Service e-mail addresses, as well as home contact Private Process Process Service Service Private information, is on the web at www.legis. Local, Statewide, and state.ia.us. Click on “Legislators.� All Nationwide Service of Process Local, Statewide, Nationwide Local, Statewide, and Nationwide Service Service of of Process Process legislators read their e-mails. It isand a great Providing Exceptional Service to Iowa Law Firms Since 1999! Providing Exceptional Providing Exceptional Service Service to to Iowa Iowa Law Law Firms Firms Since Since 1999! 1999! way to communicate with them. Low Flat Rates, No Mileage Charges U.S.Low Mail Address correspondence Flat No Charges Low Flat Rates, Rates, No Mileage MileageCourteous Charges Experienced, Professional,

to members of the Legislature at State Experienced, Professional, Courteous Experienced, Professional, Courteous Volume Available Capitol, DesDiscounts Moines, IA 50319. Volume Discounts Available

Volume Discounts Available

Email Notification Upon Completion Email Notification Upon Completion Email Notification Upon Completion 24/7 Status Available Online 24/7 24/7 Status Status Available Available Online Online

PROCESS SERVICE PROCESS SERVICE PROCESS SERVICE PROCESS SERVICE

www.attorneyschoice.net 2041 NW 145th Street, Clive, IA 50325 Toll Free: 877-827-2909 www.attorneyschoice.net Legislative Information Office 2041 NW 145th Street, Clive, IA 50325 Toll Free: 877-827-2909 515-281-5129.2041 NW 145th Street, Clive, IA 50325 Toll Free: 877-827-2909

ac

Providing Exceptional Service to Iowa Law Firms Since 1999!

Process Service

Providing Exceptional Service to Iowa Law Firms Since 1999!

Attorney's C Attorney's C C Attorney's Private Pro Private Pro Pro Private Local, State Local, State Local, State Service of

Service Service of of

Low Flat Rates, Low Flat Low Flat Rates, Rates, Experienced, Pr Experienced, Pr Experienced, Pr Volume Discoun

7KH%OXH%RRN

www.attorneyschoice.net general information

ATTORNEY’S CHOICE Local, Statewide, & Nationwide Local, Statewide, & Nationwide Process Service Local, Statewide, & Nationwide Process Service

PROCESS SERVICE PROCESS PROCESSSERVICE SERVICE

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.

Volume Discoun Volume Discoun Email Notificatio Email Notificatio 24/7 Status Avai Email Notificatio 24/7 Status Avai

24/7 Status Avai

Providing Excep Providing Excep

Providing Excep )URPFRPSLOLQJWRSULQWLQJWRILQDOGHOLYHU\ZHPD[LPL]HRXUUHVRXUFHVWRSURYLGH www.attorn www.attorn DGLUHFWRU\WKDWDOORZVFXVWRPHUVWRUHDFK\RXIDVWHUDQGPRUHHIILFLHQWO\$QG www.attorn ZLWKRYHU\HDUVRISXEOLVKLQJH[SHUWLVHZHFDQPLQLPL]H\RXUHIIRUWWRDFFHOHU DWHWKHH[SRVXUHRI\RXUSURIHVVLRQDOEXVLQHVVOLVWLQJDFURVVWKHVWDWH7KH FDQKHOS\RXUHDFKDELJJHUPDUNHW 2041 NW 145th Str 2041 NW 145th Str

2041 NW 145th Str

Providing Exceptional Service to Iowa Firms Since 1999! Providing Exceptional Service to Iowa LawLaw Firms Since 1999!

Low, Flat Rates, No Mileage Charges Low, Flat Rates, No Mileage Charges Experienced, Professional, Courteous Experienced, Professional, Courteous Low, Flat Rates, No Mileage Charges Email Notification Upon Completion Email Notification Upon Completion Experienced, Professional, Courteous 24/7 Status Available Online 24/7 Status Available Online Email Notification Upon Completion Volume Discounts Available Volume Discounts Available 24/7 Status Available Online

Volume Discounts Available 877-827-2909 877-827-2909 www.attorneyschoice.net www.attorneyschoice.net 2041 NW 145th Street, Clive, IA 50325

877-827-2909 www.attorneyschoice.net

$ELJJHUPDUNHWLVRXWWKHUH \RXWRRFDQUHDFKLWZLWKWKH

%OXH%RRN

7RRUGHU\RXUFRS\RUWREHLQFOXGHGLQWKHQH[WHGLWLRQFRQWDFWXVDW /HJDO'LUHFWRULHV3XEOLVKLQJ&RPSDQ\,QFZZZ/HJDO'LUHFWRULHVFRP

2041 NW 145th Street, Clive, IA 50325

2041 NW 145th Street, Clive, IA 50325

the

Iowa Lawyer April 2011 15


On Freckles and Foreclosures By Hon. Robert Blink*

Freckles don’t belong in a courtroom. Early on a summer’s day they should be splattered across chubby sleeping cheeks – or laughing at cartoons as a child eats cereal, still in his or her pajamas – but not in a courtroom. The little fellow at counsel’s table could barely stay awake; his head lay on a forearm, tilted to one side. He listened while his father, an unshaven, dumpy sort of fellow, explained why the rent had not been paid – for four months. “There’s no money for rent,” he whined. “I can’t even feed him,” he added, jabbing a rather unclean thumb at the lad. The boy looked at his father. The story was not compelling. I wanted to lay my head on my forearm and sigh. The landlord, reasonably patient and clever, had been driving by his property and noting the activities of the child’s father over the past several weeks. Loud music, loud companions and strewn beer cans were the order of the day. The rent money must be somewhere with the grocery money. By way of rebuttal, the uncharming Falstaffian tenant played his ace: “If you throw us out, judge, where will my kid sleep tonight?” Where indeed? Was that even my concern? Or was the issue before me a mug of knowing-breach-of-contract followed by a stiff chaser of judicial-forcible-entry-and-detainer? Which brother was I to keep: Freckles or the Lessor? The little guy looked around the courtroom and listened. He swung his legs, dangling from the too-big chair. Maybe he imagined he was living in a cartoon. Maybe he was thinking of Lucky Charms. Of course, the remedy was clear: “Out

you go.” Out of the courtroom and out of the house. The sheriff will be there to help I thought, but the forlorn look on the boy’s face as he followed his father through the door stilled my tongue. And as he slipped out of my sight he turned and looked right at me. It was a question for which I had no answer. Mornings are increasingly filled with these dramas. There was a time when only the landlord, mortgage holder or bank lawyer appeared for these hearings. No longer. Foreclosure proceedings were once a paper formality. Now they actually involve people – real human beings who show up at summary judgment hearings. It’s not because they have defenses, because there are none: you didn’t pay the mortgage, you lose your house. Rather simple really. They show up now because they are actually responsible. They really tried. They hope that if they appear in court everything might work out alright. The couple watched the little boy go out the door. He was clad in Sears; his name was either Bob or he borrowed the navy blue uniform-shirt that matched his pants from some guy named Bob. She was dressed in Target. I could see on their faces that they sensed what was coming. What had they talked about the night before at the dinner table? What had they wondered aloud in the car on the way to the courthouse? A lost job, an extended illness, 14 years of household memories and 10 months of delinquency were defined in this moment. The “end of the line” was written across their drawn mouths; hard working, honest, defenseless people, responding to an order for hearing, here to tell their story.

Supporting Iowa’s Lawyers Since 1978

Cedar Rapids Iowa City (319) 364-2945 (319) 339-4884 www.RealFinancialStrategies.com

Tim Terry

Mike Mesch

CPA/ABV, AM, CFF

Todd Helle

Business Valuation Ƈ 1031 Exchange Ƈ Litigation Support Ƈ Tax Planning

16

the

Iowa Lawyer April 2011

The note and mortgage did not contain a “cancer” exception clause or a “layoff-after10-years” reprieve clause. It did not contain a “listen” or “patient explanation” clause either. But I exercised inherent powers and inserted them. I made sure they understood the “six month delay of sale” provision of the pre-drafted decree and that illness or unemployment did not trump their promise to the bank. They nodded, stood and took the little boy’s portal of egress to where – reality? I have yet to see a lender’s lawyer gloat as he followed these people out of the door. In some rare circumstances a lawyer appears with the father and son, or Mr. and Mrs. Sears-Target. They have no additional defenses in their briefcase – no more inherent miracle clauses to be coaxed from the bench. Most certainly no fee has been paid. These are lawyers who can do little more than carry and share the load of pain and disappointment of their clients. They know that and appear anyway. Why? Perhaps it is merely to reassure themselves that they can feel. Maybe it stems from a drive to carry hope to the very end – to ensure that no one stands alone in their darkest hour. This is the “sad catharsis” of having fought the good fight, of knowing they made every effort to help another human being. Fighting for freckles or Bob is good for the conscience, even knowing you’re going to lose. Judges have no such catharsis. In this context we cannot say, “at least I tried to help the poor.” We just heft the weight of the law of commerce – necessary to the whole, anguish to the few. Bullet-biting decision-makers are a constitutional and social necessity. For those who apply the law, self-induced short-term memory loss becomes a job skill. Even so, the boy’s image is haunting. In the quiet of chambers as a cold November rain speckles the window pane I wonder where he slept last night. *Judge Robert Blink is a district court judge for Iowa’s Fifth Judicial District. He hears cases primarily in Polk County.


Intellectual Property Licensing Considerations for the General Practitioner - Telephone CLE March 29, 2011

ISBA

CCalendar LE March 29

Intellectual Property Telephone CLE

March 30

State & Federal Constitutions Live or by Telephone ISBA Headquarters

April 8

Nuts & Bolts of Workers’ Compensation Telephone CLE

April 19

Covenants Not to Compete and Trade Secrets Telephone CLE

April 22 Criminal Law Seminar ISBA Headquarters Des Moines

May 6 Juvenile Law Seminar ISBA Headquarters Des Moines

May 12 - 13 Bridge the Gap Seminar West Des Moines Marriott West Des Moines

June 9 Eastern Iowa Justice for All Golf Outing Saddleback Ridge Golf Course Solon

For more information or to register, visit iowabar.org

CLE Insert March 2011.indd 1

Program Time: 12:00 - 1:00 pm Speaker: Jill Link, McKee, Voorhees & Sease Sponsored by the ISBA Intellectual Property Law Section

State and Federal Constitutions - Live or by Telephone March 30, 2011 ISBA Headquarters • 625 E. Court Ave. • Des Moines 50309

Program Time: 4:30 - 5:30 pm Reception Time: 5:30 - 6:30 pm Speaker: Prof. Gordon Allen, Drake University Law School Sponsored by the ISBA Women and Minorities Committee

Nuts & Bolts of Workers’ Compensation and the Perfect System - Telephone CLE April 8, 2011

Program Time: 12:00 - 1:00 pm Speaker: Michelle McGovern, Iowa Division of Workers’ Compensation Sponsored by the ISBA Administrative Law Section

Covenants Not to Compete and Trade Secrets - Telephone CLE April 19, 2011

Program Time: 12:00 - 1:00 pm Speaker: Janet E. Phipps Burkhead, Dickinson Mackaman Tyler & Hagen, PC Sponsored by the ISBA Intellectual Property Law Section

Registration Form

Name : __________________________________________________ Phone # __________________________________________

Address: __________________________________________ City, State, Zip: _________________________________________ E-mail: _____________________________________________________________ Registration Fee: ____ $35 - ISBA Member

____ $55 - Non-ISBA Member

March 29 - Intellectual Property

April 8 - Nuts & Bolts

April 19 - Covenants

Registration Fee: State and Federal Constitutions (March 30): ____ $35 - ISBA Member (Live) ____ $35 - ISBA Member (Phone) ____ $55 - Non-Member (Live) ____ $55 - Non-Member (Phone) ____ FREE - Law Students (Live Only) Attending Reception (State and Federal Constitutions): ____ YES

Method of Payment:

___ Check enclosed

___ Master Card

Check Number __________

___ Visa

___ Discover

____ NO

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 seven business days prior to the event. Written notification can be mailed, faxed or e-mailed to the Bar Office. The IOWA LAWYER March 2011 3/1/2011 4:08:41 PM


ISBA Criminal Law Section presents the

Criminal Law Seminar

April 22, 2011 ISBA Headquarters • 625 E. Court Ave., Des Moines 50309 CLE Credit (Pending): 6.75 State hours with Ethics and Federal hours to be announced

8:00 - 8:30 Registration 8:30 - 9:30

The Role of the Court, the Judicial Selection Process, and Where We Go From Here Speaker: Hon. Mark Cady, Chief Justice, Iowa Supreme Court

9:30 - 10:30 Criminal Case Law Update Speaker: Kevin Cmelik, Assistant Iowa Attorney General

10:30 - 10:45

Break

10:45 - 11:15

Immigration Consequences of Criminal Prosecutions Speaker: Priscilla Forsyth

12:15 - 1:00

The Nuts and Bolts of Trying a Post Conviction Hearing Speakers: Rockne Cole, Cole & Vondra, LLP and Kent A. Simmons Lunch (provided)

1:00 - 2:00

Legislative Update Speaker: Joseph McEniry, Legal Counsel, Legal Services Division, Iowa Legislative Services Agency

11:15 - 12:15

2:00 - 2:15

Break

2:15 - 3:00 Arson Investigations Speaker: Ray Reynolds, State Fire Marshal, Iowa Department of Public Safety

3:00 - 3:30 Representing Military Service Members & Veterans in the Criminal Justice System Speaker: Marc Wallace, Assistant Iowa Public Defender

3:30 - 4:30

Sex, Drugs, and Violence in the Legal Field Speaker: Robert Rigg, Director, Criminal Defense Program, Drake University

Registration Form: Criminal Law Seminar

Name : ___________________________________________________________ Member # _________________ Phone # _______________________________________

Address: ________________________________________________________ City, State, Zip: _______________________________________________________________ E-mail: ____________________________________________________________________________ Registration Fee: ____ $150 - Criminal Law Section Members ____ $160 - ISBA Members: ____ $275 - Non-ISBA Members 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 April 15. 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 April 22). The IOWA LAWYER

CLE Insert March 2011.indd 2

March 2011

3/1/2011 4:08:44 PM


ISBA Labor & Employment Law Section presents the

Labor & Employment Basics Seminar May 10, 2011 ISBA Headquarters • 625 E. Court Ave., Des Moines 50309

CLE Credit (Pending): 6.5 State hours which includes 2.5 Federal hours

8:00 - 8:30 am Registration 8:30 - 9:10 At-Will Employment, Exceptions to At-Will Employment, and Wrongful Discharge in Violation of Public Policy Speaker: Elizabeth Kennedy, Ahlers & Conney, PC 9:10 - 9:50 Discrimination and Harassment Basics (including GINA) and Handling Charges of Discrimination Speaker: Heidi Guttau-Fox, Baird Holm LLP 9:50 - 10:00 Break 10:00 - 10:40 ADAAA & Accommodating Workplace Disabilities - Speaker: TBA 10:40 - 11:20 11:20 - 12:00 12:00 - 1:00

FMLA Basics Speaker: Vernon Squires, Bradley & Riley, PC Employment Privacy Issues & Social Media in the Workplace Speaker: Mark Hudson, Shuttleworth & Ingersoll PLC Lunch (provided)

1:00 - 1:40 Health Care Law Speaker: Alice Helle, Brown Winick PLC 1:40 - 2:20 Handling Employment Terminations: Iowa Mini-Warn Act Issues Speaker: Stacey Hall, Lane & Waterman LLP 2:20 - 2:30 Break 2:30 - 3:10 Independent Contractors v. Employee Status Issues Speaker: Lynn Smith, Dutton Braun Staack Hellman PLC 3:10 - 3:50 Worker’s Compensation Basics Speaker: Anne Clark, Hopkins & Huebner PC Seating is limited for this 3:50 - 4:30 Iowa Wage Payment Act and FLSA event. Register early! Speaker: Hugh Cain, Hopkins & Huebner PC

Registration Form: Labor & Employment Basics Seminar

Name : ___________________________________________________________ Member # _________________ Phone # _______________________________________

Address: _________________________________________________________ City, State, Zip: ______________________________________________________________ E-mail: _____________________________________________________________________________ Registration Fee: ____ $150 - Labor & Employment Section Member ____ $160 - ISBA Member ____ $235 - Non-ISBA Member 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 May 3. 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 10). The IOWA LAWYER March 2011

CLE Insert March 2011.indd 3

3/1/2011 4:08:45 PM


ISBA 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 CLE Credit (Pending): 15 hours of State CLE which includes 6 hours of Federal and 2 hour of Ethics 7:30 - 8:00 am Registration (Thursday and Friday)

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-Profits - Speaker: Willard “Sandy” Boyd 11:00 - 12:00 State Case Law Update - Speaker: Hon. Colin Witt 12:00 - 1:00 Lunch (not provided) 1:00 - 2:00 Anti-Trust Issues 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 Doctrine - 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: Tyler Smith 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 (not provided) 1:00 - 2:00 Federal Case Law Update - 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 Chasing the Green: Emerging Issues in Sustainability Litigation Speaker: David Hayes 3:45 - 4:45 Ethics Panel (Ethics) - Speaker: Michael Streit

Registration Form: Bridge the Gap Seminar

Samuel Jones

James Benzoni

Ryan Carter

Robert Gainer

Name : _______________________________________________ Member # _________________ Phone # ___________________________________

Address: ________________________________________________________ City, State, Zip: _______________________________________________ E-mail: __________________________________________________________________

Registration Fee: ____ $35 - Law Students ____ $60 - Judges ____ $185 - Para-professionals (Legal Assistants & Office Employees) ____ $235 - Members Admitted to Practice After 2006 ____ $285 - ISBA Members ____ $400 - Non-ISBA Members 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 6. 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 12). The IOWA LAWYER

CLE Insert March 2011.indd 4

March 2011

3/1/2011 4:08:48 PM


Save the Date! June 22 - 24, 2011 138th Annual Meeting

Downtown Des Moines Marriott • 700 Grand Avenue • Des Moines, Iowa 50309 Wednesday, June 22 - Topics and Speakers

Deborah Jacobs will be presenting Trust & Estates Practice in a LegalZoom World. Deborah is the author of the Estate Planning Smarts: A Practical, User-Friendly, Action-Oriented Guide and frequent contributor to The New York Times and Forbes Magazine. Defending Mortgage Foreclosures - Speaker: David Loetz, Iowa Legal Services

Private Remedy for Consumer Fraud - Speaker: William Brauch, Director of the Consumer Protection Division of the Iowa Attorney General’s Office Views from the Bench - Speaker: Hon. Anita Shodeen, U.S. Bankruptcy Judge

Iowa Update-Statutes and Case Law - Speaker: Marlin “Hap” Volz, the 2010-2011 Chair of the ISBA Probate & Trust Law Section

Estate Planning After the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 Speakers: Margaret Van Houten, Davis Brown Law Firm; Paul Morf, Simmons Perrine; and Ronni Begleiter, Brown Winick

Thursday, June 23 - Topics and Speakers

Ross Kodner is one of the world’s best know, most awarded, and longest continually serving legal technology and law practice management consultants. At Annual Meeting, he will be presenting The Five B’s: The Right Reasons for Tech in Your Practice: Best Practices, Better Profitability, Battling Malpractice, Brainy Ethics, and a Blissful Life. Ross’ second presentation will cover Practice Shifting: Practicing Law From Anywhere and Anything. Practical Guide to the Proper Use of Life Estates - Think Before You Leap Speaker: J. Scott Bogguss, Simmons & Perrine

Equal v. Fair-Estate Planning When a Child is Involved in the Family Business or Farm Speaker: Kyle Irvin, Corbett, Anderson, Corbett, Vellinga & Irvin

Workers’ Compensation Update - Speaker: Erica Elliott, Iowa Division of Workers’ Compensation Criminal Law Update - Speaker: Pete Grady, Iowa Assistant Attorney General

Perfect System - Speaker: Christopher Godfrey, Workers’ Compensation Commissioner

Friday, June 24 - Topics and Speakers

Federal Case Law Update - Speaker: Hon. Ross Walters, U.S. Magistrate Judge

Intellectual Property Issues Associated with Social Media - Speaker: Wendy Marsh, Nyemaster Goode PC Tracks will include General Practice, Probate, Case Law Update, Commercial & Bankruptcy, Real Estate, Family Law, Ag Law, Military Affairs and Litigation. Please look for additional information in the April Iowa Lawyer Magazine and online at www.iowabar.org.

The IOWA LAWYER

CLE Insert March 2011.indd 5

March 2011

3/1/2011 4:08:49 PM


Save the Dates! May 6 Juvenile Law Seminar

ISBA Headquarters • 625 E. Court Ave. • Des Moines 50309

This year’s seminar topics will include Jerry Foxhoven’s Case Law Update and Juvenile Justice in Iowa Tribal Courts with Teresa Mahoney. Samuel Wolfe of the Southern Poverty Law Center’s LGBT Rights Project will cover Bullying in Iowa. You will not want to miss this year’s Juvenile Law Seminar.

June 9

Eastern Iowa Justice for All Golf

Saddleback Ridge Golf Course • 4646 180th St. NE • Solon 52333

Teams or individual participants must be signed up to play in this tournament no later than June 2. Reserve your individual or team spot by filling out the sign-up sheet that is on the Bar website (www.iowabar.org).

July 8

Two Person Best Shot Golf

Fort Dodge Country Club • 370 Country Club Dr. • Fort Dodge 50501

Come golf and receive an hour of CLE at this course which twice has been voted “Iowa’s 18 Hole Course of the Year”.

October 21

Probate and Trust Law Section Meeting/Seminar ISBA Headquarters • 625 E. Court Ave. • Des Moines 50309

November 30 - December 2 72nd Bloethe Tax School

Downtown Des Moines Marriott • 700 Grand Avenue • Des Moines 50309

Room reservations can be made at the Downtown Des Moines Marriott by visiting the Marriott website at www.desmoinesmarriott.com or by calling 1-800-514-4681. Hotel Information A block of rooms has been reserved Tuesday, November 29 - Friday, December 2, 2011. Room Rate $129 Per Night (Rates do not include 12% tax)

-Go to website: http://www.desmoinesmarriott.com -Enter desired check in date and check out date on the left hand side of the screen -Click on Special Rates & Awards -Scroll down to the box labeled Group Code Group Code is BARBARA

Please check www.iowabar.org and future issues of the Iowa Lawyer Magazine for more information and registration forms.

December 9

Federal Practice

Downtown Des Moines Marriott • 700 Grand Avenue • Des Moines 50309

The IOWA LAWYER

CLE Insert March 2011.indd 6

March 2011

3/1/2011 4:08:51 PM


Iowa’s 2010 weapons-carry law may not prevent individuals from being disqualified under federal law Iowa’s new weapons-carry law enacted In addition to requiring states to begin last year giving individuals with certain transmitting disqualifications related to mental health conditions the opportunity mental health, the NIAA requires states to to possess a firearm doesn’t pass muster adopt a “relief from disabilities” program. with federal laws governing such possesThe relief program must be established by sions – at least at this point. state statute, or administrative regulation or As a result clients with mental conditions order pursuant to state law, and must allow who are approved to carry firearms in Iowa a person who has been formally adjudicated need to be advised that they may not qualify as a mental defective or committed involfor removal of the federal restrictions even untarily to a mental institution to apply if they qualify under the new Iowa law. or petition for relief from federal firearms Here’s the reason. prohibitions (disabilities) imposed under 18 Back in 2007, the NICS Improvements U.S.C. §§ 922(d)(4) and (g)(4). Amendment Act (NIAA) was passed, Iowa’s Senate File 2379, which pertained becoming effective on Jan. 8, 2008. NIAA primarily to the issuance of weapons carry (Public Law 110-180) amended the Brady permits, was intended to meet the federal reAct, under which the U.S. Attorney General quirements. The act contained authorization established the National Instant Criminal for transmittal of certain mental health-relatBackground Check System (NICS). ed disqualifications to NICS, and created a Among other provisions, the NIAA “relief from disabilities” program that allows requires states to submit certain information a person disqualified from possessing a to NICS relating to each person who has firearm due to certain mental health-related been disqualified from possessing firearms adjudications to seek relief in district court. by way of “adjudication as a mental defective” As such, for the first time, an Iowa citizen or “commitment to a mental institution” – who has been disqualified from possessing terms that have been in the federal lexicon a firearm due to “adjudication as a mental for years to disqualify individuals from defective” or “commitment to a mental possessing firearms. When a state agency institution” has an avenue to pursue relief reports to NICS that a person is prohibited in state court. The intent of the legislation from purchasing a firearm under federal law was to allow person to regain the ability to pursuant to the mental health-related dispossess a firearm. qualifier found in 18 U.S.C. 922(g)(4), it proAn important feature of the NIAA, howvides three things: (1) identifying informaever, is the requirement that the U.S. Bureau tion about the person – such as name, date of Alcohol, Tobacco, Firearms, and Exploof birth and gender; (2) information that sives (ATF) certify that a state’s “relief from allows NICS to identify the agency submitdisabilities” program meets requirements ting the information – specifically, the name established in NIAA. Unfortunately, to date, of the originating agency and a reference ATF has indicated to the Iowa Department of number that enables the originating agency Public Safety that the provisions of Senate File to locate the underlying information, and; 2379, do not meet the standards of the NIAA. (3) a code signifying that the prohibition A number of minor technical changes B 3 9 418 - 5 6U.S.C. 1 1 B C C922 U p d(g)(4). a t e L a w yInformae r A d H o r i z o n t aappear l : 7 . 5 ” W to x 2be . 5 ”necessary, H falls under and the state will tion submitted to NICS is maintained under also be required to open the option for strict privacy regulations. relief to a broader spectrum of individuals.

For example, SF 2379 opens relief for the most common forms of disqualification, such as involuntary commitments pursuant to Iowa Code Chapters 229 and 125. However, there are certain disqualifications for which relief has not been made available, including the option of relief for a person who has been found “not guilty by reason of insanity” for a criminal act. It appears at present that certification of compliance with NIAA is an “all or none” proposition. So, as a practical matter, under the terms of SF 2379, a person can now petition for relief in district court for a common disqualifier, such as involuntary commitment pursuant to Iowa Code Chapters 229 or 125, and such relief, if granted by the district court, may not actually result in removal of the federal firearms disqualification. Though no official word has been communicated to the State of Iowa from ATF, present indications suggest that even if the relief program meets federal standards for some types of disqualifications, if relief isn’t available for every type of disqualification, then any relief granted will not be recognized. It would be unfortunate if a person who has been disqualified due to an involuntary committal seeks relief, is granted relief by the district court, but then such relief does not ultimately result in removal of disqualification under federal law. This would be particularly unfortunate if the lack of recognition for such relief is rooted in the non-inclusion of the possibility for relief for other forms of disqualification, such as a finding of “not guilty by reason of insanity.” Though unfortunate, this does appear to be the situation at present. The deficiencies in Iowa’s new relief from disabilities program may be resolved during the 2011 session of the Iowa General Assembly, or it is possible that ATF may conclude that it can recognize relief granted to those for whom relief is available.

Business Valuations and Litigation Support 1707 High Street Des Moines, Iowa 50309 515-282-8019 1-866-787-8019 Fax 515-282-0325 w w w. b c c a d v i s e r s . c o m

Alan D. Ryerson Gregory L. Weber James D. Nalley

CPA /ABV, CFF, ASA

CPA /ABV, ASA the

CPA /ABV, CFF, CVA

Iowa Lawyer April 2011 23


James R. Axt Chariton License Suspended for two years Supreme Court Decision Nov. 24, 2010 The Supreme Court suspended James Axt’s license to practice law for violating Iowa Rule of Professional Conduct 32:8.4 relating to multiple criminal convictions. Axt graduated from law school in 1978. After completing a master‘s degree in public administration in 1979, he entered into private practice and served as a part-time magistrate. He worked as an attorney for the Iowa Commissioner of Labor for two years starting in 1984. Axt was subsequently employed for one year as the regional counsel for a farm credit association and for 13 years as an administrative law judge. He resumed his private practice in Chariton from 2000 to 2003. The Court noted that alcohol and depression have been chronic problems for Axt, and played roles in previous disciplinary actions against Axt for domestic abuse assault, resisting arrest while intoxicated, intemperate outburst, use of profanity, operating a motor vehicle while under the influence of alcohol, assault on a police officer, and interference with official acts. Continuing problems with alcohol abuse resulted in the first temporary disability-related suspension of his law license in 2003 and treatment for alcohol abuse and depression. Axt temporarily maintained sobriety after treatment, and his law license was reinstated in February 2006. The period of sobriety came to an end when Axt and his domestic partner engaged in a drinking binge lasting two weeks in November 2008. Axt physically abused and injured his partner during that binge, and subsequently pled guilty to domestic abuse assault with intent to inflict serious injury and received a suspended

prison sentence in January 2009. This criminal conviction led to another temporary suspension of Axt’s law license. A no-contact order barring Axt’s contact with his victim for five years was made part of the criminal sentence. When he violated the no-contact order in August 2009 by phoning the victim repeatedly from jail, Axt was charged and convicted of yet another crime. Axt has been living in a halfway house since the spring of 2009, and is actively engaged in treatment for his mental health and alcohol issues. The Court noted that Axt’s recovery is far from complete, however, evidenced by his hospitalization for a Tylenol overdose in February 2010. The Supreme Court found Axt’s second conviction for domestic abuse and his repeated violations of a court order banning contact with the victim clearly demonstrated his disrespect for the law and contempt for the authority of the court, and reflected adversely on his fitness to practice law. In determining the appropriate sanction the Court noted several mitigating factors, including rehabilitative efforts to control his addiction to alcohol, his full cooperation with the Board in the current and previous disciplinary matters, and that no client was hurt as a result of his conduct. The Court suspended Axt’s license to practice law for a minimum of two years.

Disciplinary

ACTIONS

24

the

Iowa Lawyer April 2011

Rolland Eugene Knopf Newton, Iowa License suspended for three months Supreme Court Decision Feb. 4, 2011 In 2004, the Iowa Department of Revenue began investigating Rolland Knopf for his failure to file state income tax returns for 1993 to 2002 and 2004. In 2008, the State charged Knopf with four

counts of fraudulent practice in the second degree for failing to file his tax returns. In 2009, he pleaded guilty to two counts of fraudulent practice in the second degree for failing to file his 2001 and 2002 state tax returns. The district court placed him on supervised probation for five years. In 2009, the Disciplinary Board filed a complaint against Knopf alleging that he had failed to file state income tax returns for 1993 to 2002 and 2004, and that he filed his 2003 return late without paying the taxes due. The complaint also noted that he pleaded guilty to two counts of fraudulent practice for failing to file his 2001 and 2002 state tax returns. Knopf appealed his convictions for fraudulent practice but his appeal was dismissed for want of prosecution so the Board added a charge that his failure to cure the default also violated the Iowa Rules of Professional Conduct. The Court determined that Knopf violated several Iowa Rules of Professional Conduct, including failure to file and pay state income taxes; engaging in illegal conduct involving moral turpitude; engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; engaging in any other conduct that adversely reflects on the fitness to practice law; and engaging in conduct that is prejudicial to the administration of justice. The Court suspended Knopf’s license for three months. In its decision, the Court considered Knopf’s personal illnesses and also required that prior to being reinstated, Knopf would need to provide an evaluation by a licensed healthcare professional verifying his fitness to practice law.

Bruce G. Thomas Sioux City License Suspended for 60 days Supreme Court Order Feb. 18, 2011 The Supreme Court suspended Bruce Thomas’s license to practice law for violating the code of professional responsibility relating to neglect, which was compounded by failure to communicate with his clients about a missed court deadline and subsequent dismissal of a case. Thomas graduated from law school in 1976. He worked for a period as an assistant Woodbury County Attorney, but spent the bulk of his career as a general practitioner in the Sioux City area. Thomas’s disciplinary action centers on his conduct in representing a husband and wife in a personal injury claim arising from an automobile accident in December 2005. Thomas met with his clients about their claim in March 2006 and timely filed a petition in district court in December


TRANSITIONS 2007. Thomas failed to serve the defendant with notice, however, until April 15, 2008 – approximately 28 days after the deadline. Consequently, the district court dismissed his clients’ lawsuit on June 2, 2008. Thomas did not inform his clients of the dismissal until November 2008. Thomas did not communicate with his clients about the dismissal until November because he was embarrassed by his conduct. He avoided his clients’ telephone calls, but sent them a letter in September 2008 assuring them that he would “get to the bottom of the matter.” Thomas later defended his failure to accomplish timely service by confessing he had been distracted by the poor health of his elderly mother. As a result of the dismissal, his clients lost the right to pursue a direct claim for their injuries against the defendant. Thomas suggested they pursue a malpractice action against him to hold him accountable for his mistake. In June 2009, his clients filed a claim with his insurance carrier, and he did not dispute that the lawsuit was dismissed as a result of his inaction. The Iowa Supreme Court held that Thomas’s failure to accomplish service of the original notice within the proscribed time period constituted neglect. This neglect was compounded by his failure to communicate with his clients about the missed deadline and dismissal. The Court further held that Thomas’s failure to properly attain service also caused an unjustified delay, which ultimately led to an unnecessary expenditure of court resources in docketing a case that was not diligently handled. Further, the Court determined Thomas deceived his clients when he told them in a letter he would “get to the bottom of the matter” after he knew the case had been dismissed. The Court stated that the surrounding circumstances show Thomas acted dishonestly, and purposely gave his clients the misimpression that he was unaware of the reason the case was not moving forward. In determining his sanction, the Court noted several mitigating factors. Along with his admission of responsibility for the dismissal and an apology, Thomas was forthcoming to his clients about their opportunity to recover from him in a malpractice suit. After the board initiated an action against him, Thomas was fully cooperative. He established new office procedures with his law partner and staff to ensure missed deadlines did not occur again. Additionally, the Court found Thomas’s record of service to the community was exemplary, with routine free legal advice to staff and clients of Iowa Legal Aid’s Sioux City office, and active service on the boards of directors for local civic groups. The Court suspended Thomas’s license to practice law for a period of 60 days.

Jack C. Paige is now practicing at the Jack Paige Law Office in Iowa City. His legal services include workers’ compensation mediation. Jack was previously a member of Elderkin & Pirnie, PLC, Cedar Rapids, having practiced there Jack C. Paige for 24 years. The office is located 103 E. College St., Suite 210, P.O. Box 2720, Iowa City, IA 52244-2720. Contact Jack at 319-351-3005; fax 319-351-3005; e-mail at jackpaigelaw@gmail.com or visit his website at www.jackpaigelaw.com.

Shannon D. Adams

Shannon D. Adams has joined the law firm of Randall & Nelson, PLC in Waterloo as an associate attorney. Shannon received her B.S. from Iowa State University in Finance and marketing and earned her J.D. from Drake University Law School in December 2007. Charles “Charlie” Krogmeier has joined

Simmons Perrine Moyer Bergman PLC in Cedar Rapids. He comes to the firm after leaving his position as director of the Iowa Department of Human Services. Prior to the Charlie human services job, Charlie Krogmeier served as deputy attorney general, deputy secretary of state, director of the Department of Management and chief of staff to the governor. He also has

been in private practice in Polk and Lee counties. At Simmons Perrine, Charlie will engage in a general practice of law, including administrative law, alternate dispute resolution, government, government contracts and municipal law.

Jeffrey D. Ewoldt and Tara Z. Hall have been elected shareholders of the Davis Brown Law Firm in Des Moines. Jeffrey is a member of the firm’s litigation division and practices in the areas of insurance defense, personal injury, commercial litigation, real estate, labor and employment law, and construction law. He is admitted to practice before the state courts Jeffrey D. of Iowa, the U.S. District Courts Ewoldt for the Northern and Southern Districts of Iowa, and the U.S. Court of Appeals for the Eighth Circuit. He received his B.A. in journalism and mass communication from Iowa State University in 1993 and earned his J.D. from Drake University Law School in 2000. Tara maintains a general litigation practice including but not limited to business litigation, employment and labor relations, litigation and appeals, real estate litigation and family law. In her time at the firm, she has represented her clients in administraTara Z. Hall tive, district court and appellate proceedings. Tara practices before both state and federal courts. She received her B.A. in English from the University of Iowa in 2002 and her J.D. from Drake Law School in May of 2005.

Transitions Submissions only by e-mail Copy deadline for Transitions is 30 days before the month of publication. Please follow the same style published here and keep submissions short and to the point. For new hires and promotions, the name of the law firm is not as important as the individual involved, so mention the lawyer first. Always submit a photo of the subject. If it is to be digital, please use the “.jpg” format only. Make all submissions in plain text or Microsoft Word “.doc” format via e-mail to cfritz@iowabar.org and please do not expect late submissions to be published immediately. We need at least a 30-day interval before publication. Include office phone number and name of the person furnishing the copy. Questions? Call Chris Fritz at 515-697-7873. Thank you for your assistance.

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

the

Iowa Lawyer April 2011 25


CLASSIFIED ADS

PUBLISHER’S NOTE:

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. COMMERCIAL ADVERTISERS: For rates, or to place an ad, contact Alex Larson (515) 238-4406; alex@larsonent.com.

Positions Available ASSOCIATE ATTORNEY — Duncan, Green, Brown & Langeness, P.C., a wellestablished law firm in downtown Des Moines is seeking an experienced part-time contract business attorney. Tax background would be helpful. Position would require 10-20 hours a week on a flexible basis. The successful candidate would draft corporate minutes, assist with document review, acquisitions, and general corporate and tax matters. The firm may be flexible in allowing work from home or office. Five or more years’ experience preferred. Send resume and cover letter to James B. Langeness at JLangeness@Duncangreenlaw.com (6-11)

ASSOCIATE — The law firm of Peddicord, Wharton, a well-established, AV-rated firm has an opening for an associate attorney with experience in Workers Compensation defense. The ideal candidate will have excellent analytical, interpersonal, and research and writing skills. One to three years of Workers Compensation experience is preferred. Salary commensurate with experience and qualifications. Inquiries will be held in strict confidence. Send cover letter with resume to Peddicord Wharton Law Firm, 6800 Lake Drive, Suite 125, West Des Moines, IA 50266, Attn: Sue Kmet or e-mail to sue.kmet@ peddicord-law.com. (6-11)

ASSOCIATE — General practice firm in northeast Iowa seeks associate attorney who wants to eventually own the practice. ASSOCIATE — AV- rated Des Moines-area Practice includes tax, probate, real estate, small law firm seeking an associate with family law and other general areas. Inquiries three+ years experience. Please send letter of from attorneys seeking a new firm affiliainterest and resume to: kelso@howelaw.net. tion or solo practitioners seeking to join an (6-11) established firm will be held in confidence. Please send cover letter, resume IOWA ARMY NATIONAL GUARD and law school transcript JUDGE ADVOCATE GENERAL’S CORPS to: The Iowa Lawyer, Code 031011, 625 East Court Avenue, Des Moines, Honor of Uniformed Service as a JAG Officer IA 50309, or e-mail to: Direct Commission as a JAG Officer ISBA@iowabar.org. Please Retirement Pension Plan Without Contributions include code number TRICARE Health Insurance on outside of envelope if mailing and in subject line $400,000 in Family Life Insurance if e-mailing. (6-11) JAG Corps officers investigate, prosecute and defend those charged with crimes in the military, provide legal advice for Soldiers and work with domestic and international contracts. JAG ELIGIBILITY REQUIREMENTS Have graduated from an ABA-approved law school Been admitted to the Bar and serve in the National Guard of the same state Be mentally and physically fit Be of good moral standing and character Be a U.S. citizen, less than 40 years of age To learn more - contact: Major David Messerli Iowa Army National Guard Judge Advocate Officer Strength Manager 515-252-4307 david.messerli@us.army.mil http://www.nationalguard.com/careers/jag-officer

26

the

Iowa Lawyer April 2011

ASSOCIATE — Ankeny office of AV- rated Des Moines firm seeks an Associate Attorney with 3- to 6-years experience in corporate and business transactions, real estate, family law and general litigation law. The successful candidate will already have and/or be uniquely motivated to build relationships and generate client business in and around the Ankeny community. We are looking for a quick learner and self-motivated individual. Competitive salary and benefits. Please

submit your resume or CV, a cover letter and your law school transcript to: Chair, Professional Recruitment Committee, PRCChair@ whitfieldlaw.com, 317 Sixth Avenue, Suite 1200, Des Moines, IA 50309-4195; Fax: 515-246-1474. To learn more about the firm, please visit our website at www.whitfieldlaw. com. (6-11) ASSOCIATE — Southeast Iowa firm seeks entrepreneurial attorney for its foreclosure practice. Contact Walter Conlon, conlonw@ mcslawiowa.com, 563-263-9494. (6-11) ATTORNEY — A well-established Eastern Iowa law firm seeks an associate attorney with a minimum of 6 years of experience in the areas of litigation and general practice. The ideal candidate will have a diverse legal background, a strong work ethic and the desire to become a partner in the firm. Please send cover letter with resume and references to The Iowa Lawyer, Code 012611, 625 E. Court Avenue, Des Moines, IA 50309 or e-mail to isba@iowabar.org. Please include the code number on the envelope if mailing and in the subject line if e-mailing. All inquiries will be held in strict confidence. (5-11) ASSOCIATE — Well-established, AV-rated Omaha law firm seeks an associate attorney with 3-5 years experience, some litigation background preferred.  Qualified candidates should send letter of introduction, resume, and salary requirements marked “Confidential” to: kimyesis@mgwl.com OR to McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O., ATTN: Firm Administrator, 11404 West Dodge Road, Suite 500, Omaha, NE 68154. (5-11) ASSOCIATE — Quad City law firm which practices in Illinois and Iowa seeks a transactional attorney with two or more years of experience in business, real estate and estate planning. Being licensed in Illinois would be a plus. Position involves little, if any, litigation. Compensation is based on experience. Interested individuals should send their resume by email to Frank Nowinski at fnowinski@katzlawfirm.com. (5-11) ATTORNEY — Prominent mid-sized Omaha law firm is seeking an attorney with 2-5 years experience in litigation. Competitive salary, benefits package. Please submit your resume and references to rtodd@pheblaw.com. Pansing Hogan Ernst & Bachman LLP 10250 Regency Circle, #300, Omaha, Neb. 68114; http://www.pheblaw.com (5-11)

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 INSURANCE — Adjunct Professor of Insurance Law, former claim adjuster, and former


CLASSIFIED ADS

agent employee. Experience in testifying and working as paid consultant in insurance litigation (both plaintiff and defendant). Qualified to opine in: • Adjuster Conduct • Wrongful Denial • Bad Faith • Agent/Broker Conduct • Carrier/Agent Contract Disputes • First and Third Party Claims including: Auto, Commercial, Disability, Heath, Homeowners, Life, Professional Liability, Workers Compensation. L. Craig Nierman, 319-351-4900, lcn@ niermanlaw.com. (5-11)

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)

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 –

BLACK HAWK COUNTY PRACTICE — An established law firm with a large and loyal client base and a turnkey office is available to one or more attorneys desiring to assume the firm’s litigation practice. This will be followed by assumption of the remaining practice areas (wills and estates, real estate, business law and general office practice) within 1-3 years. The retiring attorney will assist with the transition and with client retention. The firm’s associate attorney, experienced in litigation, is able to remain, once again offering a smooth transition of ownership and retention of client loyalty. Send your resume to coonradlawfirm@excite.com detailing your experience in various areas of practice and outlining your thoughts on how to best effect a smooth transition of ownership without disruption to our clients. (6-11)

Law practice for sale

Lots for sale LOTS FOR SALE — Iowa’s little Switzerland in Lansing, Iowa. This beautiful bluff-side NE Iowa property, approximately 2 acres

Tired of “guessing” at the value of your cases? try ...

• Tailored for your needs

(simple to complex) • Obtain focus-jurors names from trial venue jury lists • Can test and evaluate for trial strategies & tactics • Yields real-world results (no more guesswork)

Robert E. Tucker

Ph.D, J.D. Trial Attorney & Consultant 2400 86th Street, Suite 35 Des Moines, IA 50322

Remembering their legacy One of the best ways to remember a deceased lawyer is through a memorial gift to the profession to which he or she devoted an entire life. Surviving family members can point with pride to the accomplishments memorialized in a tangible form. The Iowa State Bar Foundation is a fitting place for contributions made in the honor of a deceased member. There the gift will be used to support the Foundation’s charitable purposes for the advancement of the law and justice. To memorialize a respected colleague, a spouse, a parent, a grandparent, or just a friend, send contributions to: The Iowa State Bar Foundation, 625 East Court, Des Moines, IA 50309. A representative of the Foundation will contact the family, acknowledge the gift, and a permanent record will be made. For more information, contact The Iowa State Bar Foundation at the address above, or via phone at 515-697-7870, or e-mail at mhill@iowabar.org.

(515) 276-8282 (800) 276-5076

robtucker@tuckerlaw.net the

Iowa Lawyer April 2011 27


CLASSIFIED ADS

m/l, overlooks, for miles, the scenic Mississippi River. The potential for development is excellent as it is presently platted as city lots with utilities. The lots are within walking distance of the marina with boat slips and gasoline available; the state boat ramp is across the road. Fishing is excellent for trout, walleye, bass, etc., and there are many public hunting areas for grouse, turkey, deer, and waterfowl. It’s a great family area with water-skiing, swimming, hiking, etc. For further information, please contact: John O. Reich, Reich Law Firm: 515-993-4254. (5-11)

Miscellaneous 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)

Personal If depression, stress, alcohol or drugs are a problem for you, we can help. We are a non-profit corporation offering attorneys free help in a totally confidential relationship. We are the Iowa Lawyers Assistance Program. Under order of the Iowa Supreme Court, all communication with us is privileged and private. Our director is a former lawyer, a recovering alcoholic and drug addict. He is a trained substance abuse counselor and an Employee Assistance Professional (EAP). We cannot help unless you call — 515-277-3817 or 800-243-1533 — or message (in confidence) help@iowalap.org. All you have to do is ask us to contact you. No other details are necessary. We will call you. The Iowa Lawyers Assistance Program also can provide speakers for local bar associations. Just ask. (TF)

Positions wanted FREELANCE LEGAL SERVICES — Des Moines-based attorney with 16 years of experience in private litigation practice provides legal services on an hourly basis to lawyers and law firms seeking assistance during peak work periods. Specializing in all aspects of trial preparation: legal research/writing, briefs, motions, pleadings, deposition/mediation preparation, client/witness interaction, document management and state and federal appellate work. Please contact Melinda Ellwanger, P.L.L.C., mellwanger@ yahoo.com, 515.988.5622 for a list of services, fee schedule and references. (SE)

&

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 28

the

Iowa Lawyer April 2011

services available Paying $200 or more for a website? Don’t have a website? LawyerWebPros.com does them and for much less. We can take control of your website and save you money. Your website won’t change; service will improve and you will pay much less. There is no website we cannot build and host for you. Plans start at $50 per month. It’s easier to accomplish than you think, especially since we will provide the information content. We are an Iowa business. Call toll-free: 877-257-3968 or visit us at lawyerwebpros.com. (SE)

space available OFFICE SPACE AVAILABLE — Prominent downtown Des Moines law firm has space available for an attorney within our firm, Kuntz, Laughlin & Egge, located in the Midland Building (206 – 6th Ave.) with direct access to the Polk County Courthouse, many downtown restaurants and businesses. Space includes individual office, high speed internet with access to facsimile, copy center, break room, conference room, fitness center, auditorium, outside patio area and support staff that includes an office manager and 2 secretaries. Ideal for the experienced sole practitioner wanting to join an established firm. Please contact attorney Ronald W. Kuntz at 515-283-2330 or by emailing dmlaw@qwestoffice.net. (6-11) DOWNTOWN DES MOINES — Law office space available for one to two attorneys. Located in U.S. Bank Building at 520 Walnut, across the street from the Polk County Courthouse with skywalk access. Includes receptionist, fax, copier, conference room, kitchen and free client parking. Overflow cases and contract work available. Please contact Pam Vandel at 515-252-7501 or PamV@vandellaw.com (5-11) WEST DES MOINES OFFICE SPACE — Two-person AV-West Des Moines law office has third office space available to office share with one attorney in Century I Building. Space includes phone system with voice mail, copier/fax/scanner, high speed internet, unlimited long distance, kitchen, 2 conference rooms, free parking, receptionist, secretary assistance as needed, utilities and cleaning. For information, call (515) 225-1100. (SE)

space wanted SEEKING SPACE — Established Story County law office seeking office space in Des Moines to open Des Moines office. Prefer access to skywalk and short walk to courthouse. Seeking space for office (workspace) and conference room to meet clients. Would require phone system, voice mail, copier/fax/scanner, high speed internet, parking, conference room to meet clients, receptionist and perhaps secretary services, kitchenette and cleaning. For information call Mike at 515-220-4400. (5-11)


National Volunteer Week April 10-16 –

Thank you to the thousands of volunteer attorneys who help improve the lives of low-income Iowans In November 2010, “Annie” called Iowa Legal Aid seeking assistance obtaining a protective order and a divorce from her husband, “John.” Annie and John had been married for 20 years and had three children together. For 20 years, John had abused Annie physically, mentally and sexually. Annie, who was also sexually abused as a child, found John’s unwanted touching torturously painful. Sometimes after John raped Annie, he would laughingly ask her if his abuse reminded her of the sexual abuse of her childhood. One day, Annie could no longer stand the abuse. She gathered her courage, her children and a few possessions and left, hoping that John would leave her alone. He didn’t. For weeks, John continued to harass her, coming into the house to which she had fled whenever he wanted and threatening to kill her on a weekly basis. Annie didn’t have any money to pay for an attorney, so she called Iowa Legal Aid. Iowa Legal Aid helped Annie obtain a protective order, but she still needed to cut her final ties to John by getting a divorce. Annie’s case was referred to the Volunteer Lawyers Project, where she was connected with a local attorney who was willing to represent her pro bono. As of this writing, Annie and her VLP attorney are working together to cast aside the last remnants of her old life, opening up a new world of possibilities for Annie and her children. Annie’s case and the assistance she is receiving from an attorney willing to take the case pro bono is repeated thousands of times across the state. At present, there are more than 2,900 volunteer attorneys who participate in Iowa’s three Volunteer Lawyers Projects. In 2010, these attorneys closed more than 2,000 cases, and volunteer attorneys provided more than 14,000 hours of pro bono legal services to individuals who may have otherwise gone without legal representation. In addition, volunteer attorneys and non-attorneys alike support Iowa Legal Aid by serving on Regional Office Advisory Councils and the Board of Directors, speaking at educational events, completing clerical

29

the

Iowa Lawyer April 2011

Lawyers Project, serving residents of work, conducting intakes for new clients 96 Iowa counties, the Polk County Bar and assisting with the Annual Campaign Association Volunteer Lawyers Project, for Equal Justice. which serves residents of Polk County, Every day, the outstanding contribuand the Pro Bono Project of HELP Legal tions of volunteers are transforming Assistance and the Scott and Clinton the lives of Iowans like Annie around County Bar Associations, which services the state. In the words of one woman, a residents of Scott and Clinton Counties. volunteer attorney recently helped end an The Volunteer Lawyers Projects are an abusive marriage, “I now feel like I have a world of opportunity available to me and I important component of the justice system in Iowa, with volunteer attorneys have gotten much more involved with my providing an essential safety net to children’s lives and education…As far as I thousands of low-income Iowans. am concerned, my VLP attorney is on my The contact information for each ‘Christmas-card-for-life’ list!’” project follows: In the words of another person where a volunteer attorney helped with a bankCarol Burdette ruptcy, “He helped me change my life.” Polk County Bar Association To those thousands of Iowa lawyers who Volunteer Lawyers Project have volunteered their time to help low515-243-3904 income Iowans change their lives, Iowa Legal Aid and its clients send a heartfelt Julie Hernandez “Thank you.” To those who have wanted Iowa Legal Aid Volunteer Lawyers Project to help, but have not yet had the oppor800-798-0311 tunity to do so, you are invited to contact the Volunteer Lawyers Projects about the Bob Heimer many types of pro bono opportunities Pro Bono Project of HELP Legal that are available. Assistance and the Scott and Clinton Iowa has three Volunteer Lawyers County Bar Associations   Projects: The Iowa Legal Aid Volunteer 563-322-6216

HEIRS LOCATED

NO FEE TO THE ESTATE

T E L 800 443 9004 FAX 615 822 9316 www.tracerusa.com ®

Service worldwide – Established 1960 the

Iowa Lawyer April 2011 29


Judge Hefner investiture Judges from the fifth judicial district and several justices from the Iowa Supreme Court and judges from the Iowa Court of Appeals posed for a group photo outside the Dallas County Courthouse in Adel following the investiture ceremony for newly appointed judge Randy Hefner. Admitted to the Iowa Bar in 1978, Judge Hefner practiced law in Adel with the firm Hefner & Bergkamp, PC before being appointed to the bench. He joins nearly 50 district and district associate colleagues on the District 5 bench.

30

the

Iowa Lawyer April 2011


D R E W L A W F I R M P. C . P R A C T I C I N G P R I M A R I LY I N W O R K E R S ' C O M P E N S AT I O N & P E R S O N A L I N J U RY L AW Wo r k i n g w i t h I o w a l a w y e r s a s c o - c o u n s e l for over 21 years.

N e e d hel p wi th a personal i nj ury or workers' c omp ensati on case? Gi ve m e a cal l at ( 8 6 6 ) 712-2254 or vi si t w w w. i owaWCreferral attorney. com or w w w. i owaPI referral attorney. com for FAQ. TO M L . D R E W Past President, Iowa Trial Lawyers Association 2005 Past President, C. Edwin Moore American Inns of Court 2005 Past Chair, Litigation Section Iowa State Bar Association 2007-2008 President Elect, American Board of Trial Advocates (ABOTA) Fellow, Iowa Academy of Trial Lawyers Member, Iowa Association of Workers' Compensation Lawyers (IAWC) Million Dollar Advocates Forum (www.milliondollaradvocates.com ) Drew Law Firm P.C., 554 28th Street, Des Moines, IA 50312-9403 Fax: (515) 323-5643 Email: tdrew@drewlawfirm.com


April 2011 Iowa Lawyer