Newsletter
Omaha Bar Association
Vol. XXXXIII No. 1 & 2 Feb/May 2018
Community Service Education Leadership | Stronger Together Since 1875
Law Day 2018 Tuesday, May 1, 2018 Omaha Marriott 11:45 am – 1:00 pm All Welcome
INSIDE Page 2…President’s Message Page 3…River Boat Cruise Pages 4-5…Executive Director’s Column Pages 6-7…Moves & Milestones Page 8 …Health Report Page 9…Jean Roeder Retires Pages 10-13…Podcasting Pages 14-17…Civil Jury Verdicts Pages 18…Rise of Pod People Pages 19…Just the Basics Pages 20-35…A Pictorial Look Back
pp 20-21…Fall Kickoff
pp 22-23…Honoring His Honors
pp 24-25…Walk and Dinner
pp 26-27…LRS CLE & Xmas Party
pp 28-29…Wine Tasting
p 30…Lunch with Fenner
p 31…YLD Champions Dinner
p 32…Medical-Legal Dinner
p 33…Ethics CLE
pp 34-35…Pub Quiz
Page 36…Nominations Page 37…Lawyers in the City Page 38…Lawyer Referral Service Page 39…OLPA Report Page 40…Calendar
OBA Public Service Award: Robert M. Spire Public Service Award:
Hon. Mike Heavican
Creighton University Klutznick Law Library McGrath North Mullin & Kratz Legal Research Center
and twitter! Celebrating our nation’s commitment to the Rule of Law omahabarassociation.com
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Lecture by Expert on North Korea Well Received
President’s Message
Ethical Slips, Trips and Falls Keeping Us Honest.
Test your knowledge on what lawyers can and cannot do in the practice of law: Can you bill for time for traveling on a plane to take a deposition out of state? Yes. But you cannot bill for time spent on other matters. In other words, no double dipping. See ABA Standing Committee on Ethics and Professional Responsibility, Formal Opinion 93-379 Billing for Professional Fees, Disbursements and Other Expenses (1979). Can you terminate the attorney-client relationship if the client has failed to respond to you, and the statute of limitations is about to run on the client’s unfiled claim? No. According to Nebraska Ethics Advisory Opinion for Lawyers No. 08-03: “The attorney should continue efforts to locate the client and to advise the client in writing of attorney’s position. If the attorney is unable to communicate with the client prior to the running of the statute of limitations, the Committee believes it would be appropriate to file the lawsuit in order to comply with Rules 3-501.3 and 3-501.16, as long as the attorney has determined that the claim has merit, such that it would not be deemed frivolous.” Id., p. 2704 The American Bar Association rendered an opposite opinion in ABA Informal Opinion 1467 (1981). The ABA concluded that an attorney does not have a duty to file suit on a client’s behalf when that client has disappeared unless the loss of contact was caused by the attorney’s own neglect. State ethics opinions are divided on this issue; nonetheless in our state, the NE Ethics Advisory Opinion controls. Can you accept payment in bitcoin? Can you hold it in your trust account or escrow? Yes. You can accept bitcoin as payment for your services. No. You cannot hold bitcoin in trust or escrow. “Unless converted to U.S. dollars, bitcoins cannot be deposited in a client trust account created pursuant to Neb. Ct. R. §§ 3-901 to 3-907 (Trust Fund Requirements for Lawyers). Thus, if a lawyer receives bitcoins intended to reflect a retainer to be drawn upon when fees are earned in the future, the lawyer
must immediately convert the bitcoins into U.S. dollars in accord with section V(A) of this opinion.” Nebraska Ethics Advisory Opinion For Lawyers No. 17-03, p. 1309.
A last minute opportunity to haveAnthony C. Arend, professor and senior associate dean for graduate and faculty affairs in the Walsh School of Foreign Service at Georgetown University, to speak was pounced upon by the OBA and Creighton School of Law last fall. His message centered on the problems with North Korea. His comments are as fresh today as they were then, as he worried about the current administration and the thinned-out rolls of the Department of State. The lecture, open to all, was animated and insightful, a real plus for OBA members.
Can you make an electronic copy of a client’s file after it is closed? Can you destroy the physical file?
OBA Memorial Service
Yes. You can make an electronic copy of a closed file. It depends on whether you can destroy it after that. “Given the impact of technology on how files can be retained, it is not reasonable or practical keep physical/paper copies of every client file. Factors to consider include: availability and cost of physical and electronic storage space, ease of access to documents, potential need for originals in future litigation, and preserving confidentiality. It is reasonable for an organization to digitize its closed files. However, the organization must consider the factors noted above and any other considerations that are pertinent to the contents of a particular file. A written procedure for file retention and ultimate destruction of physical and digital copies of the contents of files should be maintained, followed, and revised as needed.” Nebraska Ethics Advisory Opinion for Lawyers No. 17-0, p. 3092. Do I need a fee agreement for every client, even if I am not charging a family member or a friend for handling a small matter? Yes. Fee agreements protect you. Neb. R. Prof. Conduct § 3-501.5 (b). Fees. (b) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client. (Emphasis added).
Anne Marie O’Brien
Remembering those whom we have lost in the last year
Friday, May 4th
Douglas County Legislative Chambers
11:30am - Noon All Are Welcome To Attend
st
YLD’s
1 Annual Riverboat Cruise
Wednesday, June 6 6-7 Reception on the Kon-Tiki-O! 7-8:30 River cruise on the River City Star
Tickets include two drink tickets.
Registration on OBA website
The Kon-Tiki-O is a 72-foot 4-deck luxury riverboat which is permanently anchored and docked on the Missouri River, offering a unique floating experience with amazing views of the Missouri River & Downtown Omaha. 151 Freedom Park Road Omaha, NE 68102
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Executive Director’s Column Welcome to the first ever double issue (spring 2018 and Law Day 2018) of the OBA Newsletter! We hope you enjoy the format; we are trying to make the best of a difficult situation. We appreciate your patience and understanding. For those of you who read the last and digital-only issue of the Newsletter in November of 2017, you are aware of the health issues related to our designer and layout director, Lorraine Boyd. Luckily, as this edition goes to print, Lorraine is on the mend and feeling much better. A status update from Lorraine directly is included in this edition. Putting together the OBA Newsletter without Lorraine turns out to be a herculean task. In the waning days of 2017, the chances of the Spring 2018 OBA Newsletter being published when from “slim” to “none” with the flooding of Hannah and my house due to a frozen pipe in the master bathroom when we were out of town visiting family. Water gushing out of a pipe for hours in the top level of one’s house does quite a bit of damage, let me tell you. Living out of a hotel, mold and asbestos reports, electrical and plumbing systems not to code, and half of our house down to studs made me suddenly less productive than usual. Combined with the horrible weather we’ve had thus far in 2018 and Lorraine’s recovery, there was no way to get that Spring edition to the printer, or even in a digital-only version. So that leads us to today, and finally, after long wait, another edition of the OBA Newsletter. Up from the usual 24 pages, this edition looks to be closer to 40 pages. Whereas usually the Law Day edition of the Newsletter just focuses on the Law Day activities and award recipients, this copy will be wider ranging in scope and substance. Again, thank you for your understanding, and most of all, your membership and participation in the Omaha Bar Association. Onto the ED report! In November the OBA held its annual “Walk Through the Courts” program for newly admitted attorneys. Approximately 20 attorneys lunched with members of the local judiciary, before an afternoon of orientation and practice tips in the Douglas County Courthouse and Federal Courthouse. Thank you to all the judges, attorneys, and staff who spent time welcoming the new attorneys to practice in Omaha; it’s great to get them started on the right foot! I want to thank Walk Through the Courts Committee co-chairs Will Acosta-Trejo, Ann Borer, and Hon. Doug Johnson for their work organizing the program, Nicole Griffard and McGrath North for printing the program materials at no cost to the OBA, and to Sean Conway and Joe Bradley for leading the courthouse tours. And thank you to the newly admitted attorneys for attending; I hope you learned something…I know I did 8 years ago when I attended! November also held the “Welcome to the Profession” dinner for new attorneys, and was held at Field Club, with featured
speaker Hon. Susan Bazis. Judge Basis discussed her life and career, giving words of wisdom to the young (and older) attorneys present. The OBA is grateful to the events sponsors: Cassem Tierney, Erickson Sederstrom, Fraser Stryker, Gross & Welch, Koley Jessen, Kutak Rock, Lamson Dugan & Murray, and McGrath North. In December, the OBA Lawyer Referral Service held its annual 2-hour CLE at BoysTown. The CLE was entitled, “Conversations with our Neighbors at BoysTown” and was coordinated with the help of BoysTown legal counsel Adrian Randolph and James Beckmann. Thank you to our CLE presenters Hon. Doug Johnson, Nick Juliano, Craig McGarry, Katie French, and Susan Koenig. And thank you to BoysTown for hosting the event! In 2018 we’ve already had two more installments of the increasingly popular “Just the Basics” CLE series put on by the Young Lawyers Division. Thank you to Joe Bradley and Joy Suder for presenting on Juvenile Law, and Adam Feeney for teaching us about Arbitration. (Note: If you missed the Arbitration CLE or the Ethics CLE in April, both are available for “On Demand” CLE credit in Nebraska. On Demand is accepted for up to 5 hours of CLE credit in Nebraska every year, but not accepted for ethics credit. For more info, email me at dave@ omahabarassociation.com.) January saw record numbers turn out at the Annual Wine Tasting event that we do as a thank you for members renewing their membership in the OBA. After last year’s shuffle that moved us from Brix to Noah’s event center, I think we’ve finally found a home for the event for years to come at The Barn at Ackerhurst Dairy Farm, at the intersection of State Street and Military Avenue. What a beautiful venue! I want to thank OBA Member Jill Podraza for bringing the space to our attention, and a special thank you to Lynda Henningsen and The Daily Record for sponsoring the food for the evening. Thank you to the Omaha Wine Company for its donation of a custom winetasting tour of Napa Valley vineyards, and congratulations to Lily Richardson-Severn’s sister for winning the raffle! Also a big thank you to Alyssa Ossler, Valentina Saavedra, Bonnie Kudron, Mary Easley, Jean Roeder, and The Daily Record for help with registration and pouring of the wine. February saw a return of the bi-annual award event for the OBA’s Young Lawyers Division, our “Champions Dinner.” Held at The Omar event space in the old Omar Baking Company building, the YLD recognized Will Acosta-Trejo, Scott Hahn, Continued on page 5
Dave Sommers
Natasha Preston, and Mike Kinney for their contributions to the local legal community. Former Omaha resident and current LA mentalist and actor Joe Brogie dazzled the crowd, and brought down the house with his finale. I’d like to thank all the good sports/volunteers who unwittingly became part of the show, including Angela Lennon, Shannon McCoy, Anna Marx, and Kenny Jacobs. Thank you also to the event sponsors Kutak Rock, Lamson Dugan & Murray, McGrath North, and Walentine O’Toole. Also in February, the OBA held its 28th Annual “Lunch with Fenner” at Creighton. The OBA is so thankful to Creighton Law Professor Mike Fenner for another spellbinding speech to OBA membership, this time on political gerrymandering and the legal history leading to where we are today. In March, the annual joint membership meeting with the Metro Omaha Medical Society, the Medical Legal Dinner was held at the Regency Marriott. With the topic “Designer Babies: The Medical, Legal, and Ethical Considerations” a fascinating panel discussion and presentation focused on the genetic diagnoses and potential modification advancements in the future. The OBA would like to thank our exclusive event sponsor Abrahams Kaslow & Cassman, MOMS for co-hosting, and presenters for bringing such a lively discussion to the joint membership meeting. The 12th Annual Creighton School of Law / OBA Seminar on Ethics and Professionalism took place on (lucky) Friday the 13th at Creighton’s Harper Center Auditorium. Like recent years, a crowd of over 400 was in attendance, and listened to Creighton Law Professor Steve Sieberson, McGrath North (and NSBA President-Elect) J. Scott Paul, and Iowa Supreme Court Chief Justice Hon. Mark Cady present. I want to thank each presenter for the time spent preparing and presenting, especially Chief Justice Cady who drove in all the way from Des Moines. Of course the seminar could not take place without the generous hosting and co-sponsoring of the event by Creighton Law School for the past 12 years; thank you to Interim Dean Mike Kelly for his support of the event. The final event report comes from another Pub Quiz brought to you by the OBA’s Young Lawyers Division. Held at the new Bärchen Beer Hall in Benson—a business partially owned by former OBA member Vijay Malik—the private event had 80 young attorneys present, and awarded $60 in gift cards to the winning team, named “Stormy Daniel Husch Money.” A special thank you to Fidelity National Title Group and their “VP of Fun” Dan Lennon for co-hosting the event with the OBA YLD. Since the last OBA Newsletter, you’ve received many emails
from the OBA, inviting you to events and to volunteer for activities. Thank you as always for reading those emails and keeping them out of your spam folder. The OBA tries to be as efficient and cost-effective as possible in our communications, and so emails are critically important as our connection to you, our members. Every year, the OBA celebrates the Rule of Law in the United States by holding a Law Day Lunch and organizing activities in the community to educate the public on the Rule of Law. In 2018, the ABA-designated theme is “Separation of Powers: Framework for Freedom.” I hope you’ll join your brethren and members of the community at the annual Law Day Lunch on May 1st to commemorate this important principle and lesson. The OBA is looking to “Think Big” in 2018, pushing the envelope wherever possible, and looking at ways to innovate and support innovative legal thinking and practice. If you have ideas for what we can be doing differently or better, please let me know. This association is here for you, the members. If you’re interested in being a part of leadership in the OBA, let me know; we’ll set you to work! As always, thank you for your membership.
NOTE: You’ll find pictures of these events on the pages of this issue. We are happy to have the opportunity to share these with you. Enjoy!
OBA Members
The OBA Lawyer Referral Service is seeking additional attorneys in the following practice areas: Federal Worker’s Compensation Federal and General Employment Law School Law Municipal Law Administrative Law Please call Donna Foreclosure at (402)280-3606 Veterans Affairs
for more details.
If you are aware of anyone within the Nebraska legal community (lawyers, law office personnel, judges, courthouse employees or law students) who suffers a sudden, catastrophic loss due to an unexpected event, illness or injury, the NSBA’s SOLACE Program can likely assist that person in some meaningful way. Contact Mike Kinney at mkinney@ctagd.com and/or Liz Neeley at lneeley@nebar.com.
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ON THE MOVE
MILESTONES
McGrath North welcomes Stephanie Sharp, Caroline Nelsen, and Maryl Sattler to the firm; Vandenack Weaver announces the addition of Hon. William B. Zastera (Ret.) to the firm as Of Counsel and the additions of Aaron Jansen and Carlton Wiggam; Abby McConnaughhay has joined Hochstein Strategic Legal Planning; Goosmann Law’s Omaha Office welcomes Dan Epstein and Larry Roland to the firm; Michelle Elkin has joined Erickson Sederstrom as associate; Christina Fackler joins Locher Pavelka; congratulations to Brandie Fowler and her appointment as Statewide Child Support Referee; Gina Schneider has joined Lamson Dugan; Anastasia Wagner moves to Union Pacific; Koley Jessen adds Joseph Huigens to its Health Law Practice; congratulations to Steve Grasz’s joining the 8th Circuit Court of Appeals, and Mark Hill has joined Judge Grasz’s staff; Rick Spellman and Mike Whaley have joined Cline Williams’ Omaha Office; Lawrence Welch Jr to Nebraska Court of Appeals and Jonathan Papik to the Nebraska Supreme Court; Hightower Reff welcomes Erin Wetzel as associate; Carolyn Wilson moved to the Sarpy County Public Defender’s Office; Croker Huck welcomes Lindsey Schuler; Chuck Dorwart moves to Govier Katskee; Bryan Slone left Koley Jessen to serve as President of the Nebraska Chamber of Commerce; Rob Black and Josh Weir have partnered to form Black & Weir; David Handley joins Watson & Carroll; Baird Holm welcomes Aaron Johnson to the firm; Daniel Murow joins Koley Jessen’s Real Estate Practice; and Jackson Lewis is pleased to announce Elizabeth A. Evans has joined the firm’s Omaha office.
Congratulations to Koley Jessen for being named “Law Firm of the Year” at the 16th Annual M&A Advisors Awards; Baird Holm congratulates Tony Tordero, Jeremy Christiansen, and Brian Schumacher on making partner; Fraser Stryker announces four new partners: Clint Cadwallader, Adam Grieser, Robb Futhey, and Emily Langdon; Minja Herian has been promoted to shareholder at Koley Jessen; Amanda Forker has been named Pansing Hogan partner; Jennifer Cooke-Yin was promoted to partner at Stinson Leonard; congratulations to Andrew Whealy and Justin Young on being named partners at Kutak Rock’s Omaha headquarters; Yvonne Sosa received the Omaha Jaycees’ Ten Outstanding Young Omahans; and James Tews earns Chartered Advisor in Philanthropy designation. Editor’s Note: Did we miss an announcement you wanted made? If so, the OBA is happy to include it in our next OBA Newsletter edition. To add an announcement, simply email the details to Dave Sommers at dave@omahabarassociation.com.
Your Safety.
Hon. Bill Riley
Lorraine Boyd
Our Priority.
Marianne Culhane
NSBA Honors Community Members
We congratulate three from our legal community who were honored by the Nebraska State Bar Association at their annual meeting in October. Lorraine Boyd, our publication designer and editor of The Daily Record, received the NSBA Award of Appreciation for her coverage of Nebraska’s legal community; Marianne Culhane, received the NSBA Award of Special Merit for her service to Creighton University School of Law and Nebraska’s legal community during her service as Dean; and Retired U.S. Chief Judge William Riley of the 8th District Court of Appeals was given the George H. Turner Award for his service to Nebraska during his career on the U.S. Court of Appeals.
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8 Health Update I’ve been asked to provide an update regarding my health scare last fall. Since my simple little fall (off my front steps!) turned into a potentially life-threatening medical drama, it’s been a slow but steady recovery. For those who don’t know, I broke my collarbone and cut my knee, resulting in five stitches. Who knew that small cut would turn into a staph infection and cellulitis, and then suspected sepsis. To complicate the situation, I am allergic to nearly all antibiotics plus I developed pneumonia, extremely high blood pressure and a possible heart condition (which has since resolved). I did not fully comprehend the seriousness of the situation until later – like when I got the ER bills which all said “reason for visit: life threatening.” Four ER visits and three hospital stays, a platoon of doctors, and several weeks of treatment finally arrested the infection. During that time, the Nebraska State Bar Foundation put out a “Solace” call to the state’s lawyers. To say I was overwhelmed by the response would be an understatement. So many people, including people I didn’t know, sent me their well wishes, often accompanied by a gift card or check. Frankly, that was simply amazing, and once again underscored my belief that Nebraska has the best legal community in the nation. The thing I cherish most is those wonderful, hand-written notes. They touched my heart. I joked that it was like attending my own wake. But in fact it was. My recovery is nearly complete. I am back at work (as you can see by this issue!), grateful for the opportunity to continue working with all those wonderful lawyers, judges and support staff. Thank you all from the bottom of my heart for your kindness. It was – almost –worth the fall! – Lorraine Boyd
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Jean Roeder Retires
Jean Roeder, Judge Lyle Strom’s administrative assistant for many years, retired in December and they threw her a party. There was laughter, and maybe a few tears, at the event in the Federal Courthouse. But retirement just means Jean will have more time to devote to helping her organization (the Omaha Legal Professionals Association) and to the Omaha Bar as well. In a Daily Record story in 2003, they said this about Jean: “With more than 40 years of service in the legal profession and 22 years of membership in legal professional organizations, Jean Roeder seemed the obvious choice for the Omaha Bar Association’s Public Service award, which will be presented at today’s Law Day luncheon.” If you look around the room at the 2018 Law Day luncheon, you’ll see her there once more! Congratulations, Jean!
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10 OBA Public Service Award Recipient: CU Law Library
LAW DAY 2017 President Dwight Eisenhower established the first Law Day in 1958 to mark the nation’s commitment to the rule of law. In 1961, Congress issued a joint resolution designating May 1 as the official date for celebrating Law Day, which is subsequently codified (U.S. Code, Title 36, Section 113). Every president since then has issued a Law Day proclamation on May 1 to celebrate the nation’s commitment to the rule of law. In 1957, during the Cold War, American Bar Association President Charles S. Rhyne had an idea. It came to him as he watched reports of the Soviet Union’s annual May Day celebration in Moscow’s Red Square, with massive displays of military might. Rhyne, a onetime counsel to President Dwight Eisenhower, suggested that what made America truly great was its fidelity to the rule of law as opposed to the rule of force. A presidential proclamation was issued, declaring May 1 Law Day. It was codified by Congress in April 1961. Eisenhower’s proclamation, issued May 1, 1958, declared that “guaranteed fundamental rights of individuals under the law is the heart and sinew of our Nation.” Rhyne described the rule of law as “the cement that holds our free society together.”
In the six decades since, the ABA has mobilized lawyers for Law Day to engage their communities around timely and timeless themes about America’s constitutional system. Only through an understanding and appreciation of our rights can we and our fellow citizens maintain the rule of law—the glue that binds our great nation together. In 2018, the Law Day theme is “Separation of Powers: Framework for Freedom.” The U.S. Constitution sets out a system of government with distinct and independent branches—Congress, the Presidency, and a Supreme Court. It also defines legislative, executive, and
judicial powers and outlines how they interact. These three separate branches share power, and each branch serves as a check on the power of the others. “Ambition must be made to counteract ambition,” James Madison explained in Federalist 51. Why? Madison believed that the Constitution’s principles of separation of powers and checks and balances preserve political liberty. They provide a framework for freedom. Yet, this framework is not selfexecuting. We the people must continually act to ensure that our constitutional democracy endures, preserving our liberties and advancing our rights. The Law Day 2018 theme enables us to reflect on the separation of powers as fundamental to
our constitutional purpose and to consider how our governmental system is working for ourselves and our posterity. The Omaha Bar Association and our membership has proudly celebrated Law Day with a luncheon for over 30 years. In addition to the luncheon, the OBA Law Day Committee partners with the Omaha Legal Professionals Association, the Nebraska Paralegal Association, and members of the community to hold a variety of events and activities connected to the Law Day theme and overall message, which is educating the public about the importance of the Rule of Law in the United States.
The Omaha Bar Association Public Service Committee is Philip Klutznick, good friend of longtime Dean Louis J. TePoel, proud to select the Creighton Law Library as the 2018 Public founder of the Omaha Housing Authority, and successful Service Award recipient. The Award, given each year, is in developer in Chicago. Klutznick is probably best known for recognition for significant acts of public service done by non- building the 76-story Water Tower on the Magnificent Mile attorneys to educate the local public about the law. The OBA of Michigan Avenue in Chicago. The Law Library in the new considers the law library extremely qualified to receive this building became the Klutznick Law Library. In 1981, the first commercially available IBM desktop honor. Presentation of the Award will take place on Tuesday, computer was produced, and Dean Shkolnick predicted that May 1, 2018, at the Law Day Lunch. Creighton Law Library, whose official name is the Klutznick within a few years 90% of all legal research material would be Law Library / McGrath North Mullin & Kratz Legal Research retrievable by computer through the law library computers. Center, has also been home to the Omaha Lawyer Referral Dean Lawrence Raful (1988-1999) lead the effort to bringing the law school into the “information Service and the Omaha Bar age” through new technology. Association for well over 30 years. In 1990, Dean Raful hired Kay We are grateful to the hospitality Andrus to the Law Library. At they’ve shown us for so long! that time the library contained In 1904, Creighton established 127,000 volumes and 29,000 a law school, housed in the medical microfilm volume equivalents, school on 14th and Davenport. From with an annual budget of 1905-1920, the law school, along $284,000 per year. That budget with dental school, were located swelled to $1,200,000 for the law at 210 18th Street, across from the library in 1995. Douglas County Courthouse. A 1991 report by Andrus on During those early years, from 1905 the state of the law library lead to until 1911, Creighton law operated an expansion of the law library in a shared library arrangement with the Omaha Bar Association and Troy Johnson oversees the physical and electronic 1997-98, at a cost of $3,500,000, nearly doubling the space of the Douglas County Law Library, the offerings at Creighton’s law library. library. 3 lead donations assisted latter of which continues to operate inside the courthouse. From 1911 on, Creighton Law had its in the large overhaul, coming from McGrath North Mullin & own dedicated library, although it was not staffed by a full time Kratz, Robert Ahmanson, and Dan Monen. The library was and professionally trained law librarian until 1974. The library renamed the Klutznick Law Library / McGrath North Mullin & boasted 10,000 volumes in 1916, and had a budget of $5,000/ Kratz Legal Research Center. In 2017, Kay Andrus retired from his directorship of the library, and Troy Johnson was named year in 1919. In 1917, Creighton Law hired Professor Hugh Gillespie as interim director. Over its many years of operation, Creighton’s law library director of the law library, a position he would hold for many decades. In 1921, a new law school/dental school building was has performed the task of educating law students, practicing built at 28th and California streets, boasting a two story reading lawyers, the judiciary, academics, as well as the public. Reference room and library collection to match almost any law school librarians direct people where to find the resources they are in the nation. The early years of the library relied heavily on searching for, and the library has a space set aside for members donation of law books from active and retiring attorneys to of the public to seek out answers to their legal problems. The entrance area to the library contains a plethora of helpful build the collection. In 1973, Creighton Law hired Robert Kelly as library director, information on where to find appropriate legal assistance, and the first professional law librarian for the library. Kelly’s wife the library staff are generous in their time to make sure those Elizabeth, also a professionally trained law library, served as looking for resources find what they are looking for. The OBA is proud to recognize Creighton Law Library for associate director for the law library also. The hiring of both lead to a long, professional stewardship of the law library. Dean its significant public service it provides every day on educating Shkolnick, at Kelly’s retirement is quoted as saying, “The library on the law. has always been somewhat of a mystery to deans, as ours was to *The OBA would like to thank former OBA member Oliver me when I became Dean…Bob performed admirably with what Pollak for his book “To Educate and Serve: The Centennial History was available.” In 1975, with the law school/dental school in need of of Creighton University School of Law, 1904-2004”, which was separate, defined spaces, the current law school building at 21st very helpful in the writing of this article. and Cass streets was built. Included in the $4,700,000 funds for the build was $250,000 from 1929 Creighton Law graduate
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Robert M. Spire Award
Nebraska Supreme Court Chief Justice Michael Heavican Hon. Michael G. Heavican, Chief Justice of the Nebraska Supreme Court, is the 2018 OBA Robert M. Spire Award recipient for his lifetime of public service work in the Nebraska legal community. Chief Justice Heavican will receive the award at the 2018 Law Day Luncheon in st Omaha on May 1 .
through his work as head of the Judiciary accomplishments during his time have Branch in Nebraska. Heavican’s position been (1) the establishment the Self Help puts him as the boss of over 1,000 state Desks in Douglas, Lancaster, and greater employees, including county clerks Nebraska counties, (2) establishment of in all 92 of Nebraska’s counties, and the Office of the Public Guardian, (3) a growing number of state probation the advancement of Problem-Solving officers. Central to his post, Heavican Courts, (4) the promotion of Limited oversees, presents, and champions the Scope Representation legal services by annual budget for the Judicial Branch, Nebraska attorneys, (5) the growth of the What do you get when you combine 16 which requires advocating with the forms for Pro Se litigants on the Supreme years with the Lancaster Court’s website, (6) the County Attorney’s Office allowing of cameras (10 years of which as in the courtroom, and County Attorney) with (7) the digitization of 15 years with the U.S. court records in a single Attorney’s Office (5 years online case management of which as U.S. Attorney) system, Justice. with 12 years with the Nebraska Supreme Court Each one of these (all 12 years as Chief advancements is a Justice)? You get what significant achievement, most of us would consider and has in its own right more than a few lifetimes been a large benefit for the worth of public service. public in its interaction However, in the case of and understanding of the Chief Justice Michael legal system and Judicial Heavican, you get only 43 Branch. Put all together, years of his career, a career Chief Justice Heavican with Justice Lindsey Miller-Lerman and the rest of these accomplishments in the Supreme Court heard oral arguments in Omaha in April. that is still going strong. 12 short years typify how effective Chief Justice Born in Colfax County Nebraska to a Legislative and Executive Branches to Heavican has been in his role, and how farming family, Chief Justice Heavican ultimately gain funding for operations fortunate the Nebraska legal community spent his first two years after college of the judicial branch across the state. and public are and continue to be under as a math teacher in Papillion, before An unenviable task to some, Chief his steady hand and watchful eye. returning to the University of Nebraska Justice Heavican commands a strong Lincoln for law school, following understanding of each part of the The Omaha Bar Association is proud the advice of family members. Upon Judicial Branch’s mission and function, to have Chief Justice Heavican selected graduation from law school, Heavican and ably champions the important as the 2018 Robert M. Spire Award was hired on by the Lancaster County work done by his office for the benefit of recipient for his public service. Please Attorney’s Office to handle civil matters all Nebraskans. join us in congratulating him on all his for the County. Rather than a grand accomplishments and good works. plan executed to perfection, the Chief A number of priorities have been Justice’s first job as an attorney was more advanced under Chief Justice Heavican’s a product of fortunate happenstance. tenure as head of the Nebraska Supreme Today, with more than 40 years in Court, many of which have greatly practice, Chief Justice Heavican helped the education of public about continues his service to the public the legal system. Notable among the
Four Attorneys Have Earned the Ellick Service Award At the Omaha Bar Association’s Law Day luncheon, four attorneys will be honored with the Alfred G. Ellick Lawyer Referral Service Award. It is the fourth year for the award named in honor of the OBA president who, in 1962, established the OBA Lawyer Referral Service. Up until now, 121 attorneys have been recognized for their service as members of the LRS for 10 or more years. Three of the four Omaha attorneys receiving the award this year are Patrick Cavanaugh, Rodney Dahlquist and David Handley. The fourth requested no publicity. Patrick Cavanaugh is a partner in the Cavanaugh Law Firm and specializes in Social Security Disability law. Rodney Dahlquist is a member of the Dornan Law Team, focusing his practice on civil litigation. David Handley practices primarily in workers’ compensation and personal injury at Watson & Carroll law firm.
Cavanaugh
Dahlquist
Handley
OBA Invests in New Douglas County Courthouse A/V Equipment Rental Available for OBA Members at Discounted Rates In 2017, the Omaha Bar Association invested thousands of dollars into completely overhauling its Courthouse A/V Equipment, available for rent by
application for the rental (found on the bottom of the OBA website, www. omahabarassociation.com) is sent to the OBA. Prior to the date of the equipment’s use, if the renter needs a tutorial on using the system, that can be set up with Bob Gast at the courthouse. After the equipment is used, the OBA will invoice the renter for final payment. OBA members enjoy a discount of 30% or more on rental rates.
NOTE: A/V equipment rental is not needed for criminal cases in Douglas County District Court; the County private practicing attorneys in civil cases Attorney’s Office has a A/V system in Douglas County District Court. The available for use by privately retained new equipment boasts HDMI hookups, 60 inch flatscreen TVs, and top-of-theline ELMO digital cameras. For counsel looking to make an impression on the judge or jury with a visual presentation, the OBA’s Courthouse A/V Equipment rental is a great option. How it works: attorneys interested in using the equipment can contact the OBA at 402-280-3607 or Bob Gast at the courthouse at 402-444-7302 to make sure the equipment is available on the trial or hearing date. Next, an
defense counsel. The benefits: in addition to presenting your case in court in an orderly and clean method, another benefit to using the OBA Courthouse A/V Equipment is that proceeds from the rental go to support the Omaha Lawyer Referral Service, a referral and information service run in conjunction with the Omaha Bar Association. With over 8,000 calls and emails received every year, the LRS refers members of the public to regular fee attorneys who can meet for a consultation and advise them whether or not they have a case. When appropriate, the LRS also will direct those who cannot afford an attorney to the pro bono legal service programs in the community. Consider “upgrading” your trial presentation by using the OBA’s NEW
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Civil Jury Verdicts DOUGLAS COUNTY DISTRICT COURT Jury Verdicts May 2017 – April 2018 (Incomplete – 2nd set to be released in next OBA Newsletter) Compiled by Dave Sommers
Case Type: Negligence - Malpractice Special Damages: None specified Verdict: For Defendant Remarks: Plaintiff brought negligence-malpractice case against Defendant doctor and physician business. Plaintiff also claimed loss of consortium for wife. Injury allegedly caused by failure of care in relation to a colonoscopy. Jury deliberated and returned verdict for Defendants.
CI 12-4627:
Corinna Hagberg v. Kurt Krajicek & Lam Dorcas, LLC Judge: Hon. Gary Randall Plaintiff’s Attorney: Ronald Palagi Defendant’s Attorney: Sean Conway, John Green Case Type: Negligence - Other Special Damages: None specified Verdict: For Defendant Remarks: Plaintiff suffered gunshot wound injury at Kurt & Clyde’s Bar, owned by Defendant. Plaintiff claimed Defendant did not have proper security measures in place, knowing of reoccurring incidents (3 shootings in past year), and should have had security guards and/or metal detectors to keep business safe for patrons. Jury returned verdict for Defendants.
May 2017 CI 12-237:
CI 15-5116:
Slack v. James S. Gerner, DDS Judge: Hon. Duane Dougherty Plaintiff’s Attorney: Matt Lathrop Defendant’s Attorney: Jerry Katskee Case Type: Negligence - Malpractice Special Damages: None specified Verdict: For Defendant Remarks: In 2006, Plaintiff started seeing Defendant for regular dental treatment. In 2009, Plaintiff was admitted to hospital because of jaw pain. In 2010, upon seeing a second dentist, Plaintiff was advised she had major bone loss in her teeth, and extraction of multiple teeth was needed. That extraction took place, and showed years of decay had gone unnoticed. Plaintiff sued Defendant, arguing that Defendant did not follow the general duty of care in his professional care of her dental care. Jury sided with Defendant, noting the Plaintiff did not meet the burden for proving negligence. Jacqueline Wiley v. TA Johnson Limited dba JNJ Grocery Judge: Hon. Leigh Ann Retelsdorf Plaintiff’s Attorney: James Welsh Defendant’s Attorney: Robert Futhey Case Type: Negligence - Other Special Damages: Plaintiff to pay costs Verdict: For Defendant Remarks: Plaintiff was at the counter at Defendant’s grocery store, and stepped away, tripping over a shopping basket lying on floor. Plaintiff alleged that Defendant should have taken better care of store and baskets on floor, and warned customers of the potential for tripping.
August 2017 CI 16-5692:
August 2017 CI 16-5692:
June 2017 CI 15-9060:
Valerie Hutter v. Robina Safa Judge: Hon. Gregory Schatz Plaintiff’s Attorney: James Knowles, Jr, Michael Mullen Defendant’s Attorney: Paul Shotkoski, Jacqueline DeLuca Case Type: Negligence - Vehicular Special Damages: None specified Verdict: For Defendant Remarks: Plaintiff was driving SB just south of 132nd and West Center Road. Defendant was traveling WB from parking lot of mall on east side of 132nd Street, to parking lot to west of 132nd Street. Cars collided, causing damage to car, personal injuries, and loss of income. Defendant’s insurance paid out on claim by Plaintiff before trial. Jury found for Defendant.
July 2017 CI 14-965:
John Logan v. Trevor Pearson MD & Midwest Gastrointestinal Associates Judge: Hon. Duane Dougherty Plaintiff’s Attorney: Steve Howard Defendant’s Attorney: Bob Mooney
Editor’s Note: Every effort is made to ensure accuracy. However, if you note an error in your case, please notify the OBA office.
Mary Hall v. Laura Hernandez Judge: Hon. Horacio Wheelock Plaintiff’s Attorney: Craig Kelley, Ryan Sewell Defendant’s Attorney: Jacqueline Tabke Case Type: Negligence - Vehicular Special Damages: None specified Verdict: Plaintiff - $19,918.83 Remarks: Defendant made a left hand turn in front of Plaintiff’s vehicle on Ed Creighton Blvd. Plaintiff incurred medical bills and expenses of $27,156, and lost wages of $600. Jury determined negligence of Defendant was proximate cause to damage and injury.
Mary Hall v. Laura Hernandez Judge: Hon. Horacio Wheelock Plaintiff’s Attorney: Craig Kelley, Ryan Sewell Defendant’s Attorney: Jacqueline Tabke Case Type: Negligence - Vehicular Special Damages: None specified Verdict: Plaintiff - $19,918.83 Remarks: Defendant made a left hand turn in front of Plaintiff’s vehicle on Ed Creighton Blvd. Plaintiff incurred medical bills and expenses of $27,156, and lost wages of $600. Jury determined negligence of Defendant was proximate cause to damage and injury.
September 2017 CI 14-8269:
Amy Muell v. State Farm Judge: Hon. James Gleason Plaintiff’s Attorney: Scott Lautenbaugh Defendant’s Attorney: David Stubstad Case Type: Contract Dispute Special Damages: $47,390 – Attorneys Fees for Plaintiff Verdict: Plaintiff - $121,148.89 Remarks: Plaintiff was in a vehicle accident caused by another driver. The other driver was underinsured for the damages caused, and so after receiving initial funds from the underinsured driver, Plaintiff turned to her own auto insurance, through State Farm, and her underinsured driver policy provision. However, Plaintiff’s insurance (Defendant) refused to compensate for damages. At trial, jury found in favor of the Plaintiff, that Defendant State Farm violated the terms of its insurance contract with Plaintiff. Jury awarded $121,148.89 to Plaintiff. Judge Gleason awarded an additional $47,390 to Plaintiff for attorneys fees, and $101 to Plaintiff for filing fees.
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Swanger v. Alegent Health Immanuel Medical Center Judge: Hon. Thomas Otepka Plaintiff’s Attorney: Chris Welsh Defendant’s Attorney: Maria Lighthall, Patrick Vipond Case Type: Negligence - Malpractice Special Damages: None specified Verdict: For Defendant Remarks: Plaintiff was admitted to Defendant’s Hospital with pelvic pain and prolapse. A robotic-assisted hysterectomy and sacroculpopexy was scheduled. The operation had complications, and two months later, Plaintiff was readmitted with a abdominal abscess. Jury could not find that reasonable care was not taken by Defendant. November 2017
CI 15-1993
CI 15-991:
Hanan Aboshehata v. Eric Mease Judge: Hon. J. Russell Derr Plaintiff’s Attorney: John Ekeh Defendant’s Attorney: Karen Bailey Case Type: Negligence - Vehicular Special Damages: None specified Verdict: For Defendant Remarks: Defendant failed to yield when turning left, and a collision with Plaintiff’s car resulted. Jury found Plaintiff did not meet burden of proof for case. Eric Beal v. Melvin Menjivar-Ramirez Judge: Hon. Marlon Polk Plaintiff’s Attorney: Jerry Katskee Defendant’s Attorney: David Stubstad Case Type: Negligence - Vehicular Special Damages: None specified Verdict: For Defendant Remarks: Plaintiff was turning left through lighted intersection on a yellow light, and Defendant was driving straight through the intersection. Plaintiff claimed he was trying to clear the intersection and that Defendant was trying to speed through a yellow light he should have been braking for.
CI 16-5027:
Oscar Rodriguez-Guillen v. Katlin McMillan Judge: Hon. J. Russell Derr Plaintiff’s Attorney: John Ekeh Defendant’s Attorney: Dan Chesire, Dan Hassing Case Type: Negligence - Vehicular Special Damages: None specified Verdict: For Defendant Remarks: Defendant collided with car Plaintiff was traveling in SB on 42nd Street, approaching J. Scott Paul Hon. Laurie Smith Camp Steve Sieberson Rich Hoffman I-80. Plaintiff allegedly incurred damages from the incident. Jury could not determine that Defendant’s actions were proximate cause for Plaintiff’s injuries.
CI 15-5314:
Troy Cooper v. Union Pacific Railroad Judge: Hon. J. Russell Derr Plaintiff’s Attorney: Jayson Nelson, Randy LeNeave (Wayzata, MN) Defendant’s Attorney: Kyle Wallor, Maria Lighthall Case Type: Negligence - Other Special Damages: None specified Verdict: Plaintiff - $351,530.50 Remarks: Plaintiff was working for Defendant as carman in North Platte. Forklift driver ran over Plaintiff’s leg and foot. Prior to injury, Plaintiff yelled at forklift driver to stop. Jury found Plaintiff’s Damages as $703,061, and Plaintiff 25% Negligent and reduced the damages another 25% due to Plaintiff’s failure to take reasonable steps to minimize damages for a final judgment of $351,530.50. Post-trial motions by Plaintiff were filed 4/10/2018 requesting amendment of judgement or a new trial.
CI 15-5144:
Jayne Meehan v. CHI Health Bergan Mercy Judge: Hon. Shelly Stratman Plaintiff’s Attorney: Donna Colley, Ronald J. Palagi Defendant’s Attorney: David Welch Case Type: Negligence - Other Special Damages: None specified Verdict: Plaintiff - $120,000 Remarks: In 2013, Plaintiff was walking on a walkway in the parking lot of Bergan Mercy Medical Center, and lost balance by stepping in a “hidden rut” in the concrete. Plaintiff alleges the fall and injuries were caused by negligent maintenance of the walkway.
March 2018 CI 16-4708:
CI 13-6327:
Henderson v. Buchanan and Sons Framing Judge: Hon. Peter Bataillon Plaintiff’s Attorney: Tim Kielty Defendant’s Attorney: Douglas Phillips (Sioux City) Case Type: Negligence - Other Special Damages: None specified Verdict: $283,450 for Plaintiff Remarks: Plaintiff John Henderson volunteered to help Defendant business help lift into place a constructed wall of a house on a construction site. Defendant allowed Plaintiff to assist. No compensation was paid to Plaintiff by Defendant for assistance. On the attempt to “lift and stand” the wall, the weight of the wall became too great for the employees and Plaintiff to erect into place, and the wall fell on Plaintiff, crushing him underneath, and causing him fractures in his back, missing time from work, and an alleged 20% diminished capacity in his future earnings. Loss of consortium complaint was made by Plaintiff’s wife, and the award by jury was $0 to her. Jury determined Defendant was negligent, and ordered payment of medical bills to date, as well as other damages incurred. Gutierrez Pradines v. General Motors LLC Judge: Hon. Gregory Schatz Plaintiff’s Attorney: Jason Ausman Defendant’s Attorney: Tom Houston, Tom Grennan, Dan Chesire Case Type: Negligence - Other Special Damages: None specified Verdict: For Defendant Remarks: Gutierrez Pradines brought suit on behalf of the deceased, Daniela Testa, who died when
her 2003 Pontiac Montana had a sudden tire disablement, left the roadway, and rolled over. Daniela was wearing her seatbelt, and her kids were in the vehicle with her. Plaintiff claimed that Defendant GM was under obligation to do more safety testing on said vehicle related to rollover risks, but did not. Also Plaintiff alleges that Defendant 24 Street tires installed the tires on Plaintiff’s car incorrectly, proximately causing the crash and death. Plaintiff requested loss of consortium for kids. Jury returned verdict for Defendants, that burden of negligence against Defendants had not been proven.
April 2018 CI 13-9586:
Anderson v. Gregory Babbe MD and Elizabeth Backer MD Judge: Hon. Duane Dougherty Plaintiff’s Attorney: Patrick Cullan Defendant’s Attorney: Mary Schott Case Type: Negligence - Malpractice Special Damages: Economic Damages: $100,000; Non-Economic Damages: $500,000; Loss of Consortium for Wife of Plaintiff: $200,000 Verdict: $800,000 for Plaintiff (75% to be paid by Babbe, 25% to be paid by Backer) Remarks: Plaintiff was suffering from a red, swollen, right lower extremity. Began treatment with Defendant Dr. Backer, who diagnosed cellulitis and performed no x-rays. 5 days later (Nov 6, 2012), Plaintiff was admitted to the hospital, where he was under the care of Defendant Dr. Babbe. During approximately 4 days in the hospital, Plaintiff received treatment for cellulitis, and his foot was not x-rayed. Two and half months later, Plaintiff consulted another physician, who upon performing an x-ray, diagnosed Plaintiff with “charcot foot”, which had
developed significantly since November hospital visit, and would have been easily seen on an x-ray done in November. Jury found both defendant physicians negligent, and owing payment to Plaintiff. Motion for new trial submitted 4/8/2018.
Editor’s Note: The OBA keeps an archive of past Douglas County Civil Jury Verdicts available for current OBA members, available through the OBA website, www.omahabarassociation.com (login required).
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OBA Service to Members The Rise of the Pod People:
Just the Basics CLE
A series for all from the Young Lawyers Division of OBA. Since October, we’ve had presentations…
…on Criminal Law
OBA continues to add “Bar Talk” podcast episodes with big names and fun subjects… With 18 episodes posted and over 1,000 listens logged to date, the OBA’s “Bar Talk” podcast continues to build momentum and connect members with legal heavyweights such as Nebraska Supreme Court Chief Justice Michael Heavican, Dave Houghton, John Slowiaczek, and Hon. Lyle E. Strom, as well as entertaining those looking for a lighter side of lawyer-discussion with Omaha Barristers Joe Bradley, Patrick McNamara, and Jordan Holst. For those looking for practice pointers, we are also adding recordings of select OBA CLE events.
Watch for more CLEs in the future ... Check the website for information.
To listen to the podcasts, simply go to www.omahabarassociation.com and click on “Podcast” on top of the page. Have an idea for an episode? Great! Just email dave@omahabarassociation.com and we’ll get it recorded.
Jeff Leuschen and Tom Gross co-presented on Criminal Law.
…on Juvenile Law
FIELD DAY
July 23, 2018 All Day with an Evening Reception Champions Run 13800 Eagle Run Drive Wish you were here! Well, not here …
Visit omahabarassociation.com for details
Joe Bradley and Joy Suder presented on Juvenile Law.
…on Arbitration
Adam Feeney taught us about Arbitration.
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A PICTORIAL LOOK BACK AT EVENTS
OF FALL 2017 AND WINTER 2018
2017 Fall Kickoff
Old Friends…
…New Friends…
…That’s What Fall Kickoff Is All About
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Honoring His Honors
Titans of the Law Hon. Bill Riley & Hon. Lyle Strom
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Walk Through the Courts
‌and Dinner at Field Club 2017
Twenty new attorneys lunched with judges, got practice tips, and literally walked through the Douglas County and Federal courthouses.
At the November Dinner welcoming new attorneys, U.S. Magistrate Judge Susan Bazis regaled new (and old) attorneys with stories from her career, giving great advice on building (and enjoying) the practice of law.
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Lawyer Referral Service CLE at Boys Town
President’s Christmas Party 2017
A holiday celebration gave past and current officers and members of the OBA Executive Committee a chance to earn a mid-year thank you for a job well done.
“Conversations with our Neighbors at BoysTown” The OBA held its 6th Annual “End of the Year” CLE at BoysTown National Headquarters, with presentations on Juvenile Law, Estate Planning with Bequests to NonProfits, and of course, a work/life balance “check up” with lawyer coach Susan Koenig.
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Wine Tasting 2018 The OBA found a new home for the wine tasting at the fabulous Barn at Ackerhurst Dairy, owned by Douglas County Attorney Jill Podraza with her husband Troy. Omaha Wine Company made the event extra special with some very fancy wine, and a raffle prize of a custom Napa Valley wine tour and tastings. All attendees walked away with their own personalized OBA wine tasting glasses!
Mmm, Mmm, Good What a Wine Tasting! We hosted 275 attendees (a record…usually we get 100 no shows, but not this time!) Heidi LaSala won the raffle, the Private Tour of 4 Vineyards in Napa, provided by The Omaha Wine Company. She’s the sister of Lily Richardshon-Severn, rd and she bought 3 tickets, and the 3 ticket was the winner. Lily advised her to only buy two. If she had only bought two Mike Huffer would have been the winner. Special Thanks to Lynda and The Daily Record for sponsoring the event, and Troy and Jill Podraza for hosting us at The Barn! – Dave Sommers
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Lunch with Fenner 2018 Lunch with Fenner – Professor Mike Fenner delivers an incredible 28th “Lunch with Fenner” to an enraptured crowd of former students, colleagues, and admirers.
YLD Champions Dinner 2018
Recognizing attorneys and their good works, and enjoying world-class entertainment!
LA mentalist and actor Joe Brogie
Scott Hahn and Dave Sommers
Charlie Gotch accepting for Mike Kinney
Natasha Preston and Dave Sommers
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Medical Legal Dinner 2018
OBA/Creighton School of Law Ethics Seminar 2018
The OBA pushed the conversation to the future in our panel discussion of “Designer Babies: The Medical, Legal, and Ethical Considerations.� Participating on the panel were Dr. Omar Rahman, Jennifer Anderson, and Jacob Dahlke, all from UNMC.
Another year, another packed house for the annual Creighton/OBA Ethics Seminar. New for 2018: the online broadcast on Facebook Live was approved for ethics credit, helping 40 additional OBA members attend the event remotely!
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The Young Lawyers Division Pub Quiz Returns!
Fidelity National Title Group Co-Hosts Event
H
eld at the new Bärchen Beer Hall in Benson—a business partially owned by former OBA member Vijay Malik—the private event attracted 80 young attorneys. Winners received $60 in gift cards. The team of “Stormy Daniel Husch Money” prevailed after an overtime challenge. special thank you to Fidelity National Title Group and their “VP of Fun” Dan Lennon for co-hosting the event with the OBA YLD.
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NOMINATIONS ARE OPEN
LAWYERS IN THE CITY
The OBA is currently accepting nominations for our Executive Council. Past involvement in OBA events and programming is preferred, but not necessarily required for the positions. Consider nominating yourself or someone else deserving via the nominations form below.
The President-Elect position is a three-year commitment as President-Elect, President, and Immediate Past President. The same three-year commitment applies to the Treasurer-Elect. The office of Secretary remains a oneyear term. Two Executive Council positions of three-year terms are open each year. Any interested OBA member should fill out the application and email it to the Omaha Bar Association office (dave@omahabarassociation.com) by May 10, 2018. The applications will be kept strictly confidential and will be seen only by the President, the Executive Director, and the Nominating Committee, which is composed of 3 past OBA presidents. TO: OMAHA BAR ASSOCIATION NOMINATING COMMITTEE Confidential Application for OBA Officer/Executive Council Position
FROM:
_____
President-Elect
(3 year commitment)
_____
Secretary
(1 year commitment)
_____
Treasurer‑Elect
(3 year commitment)
_____
Executive Council Member (3 year term)
meet with a volunteer lawyer
FRIDAY, June 8, 2018 9 am–Noon and 1–4 pm
South Omaha Campus Metropolitan Community College
Industrial Training Center (ITC) Conference Center 2709 Edward Babe Gomez Ave Omaha, NE 68107
low‐income residents civil law questions only (no criminal, no appeals) o family law, debtor rights, landlord/tenant, protection orders
brief legal advice legal resources and information self‐help forms
___________________________________________
Name of Person Being Nominated: ___________________________________________ Address:
____________________________________________________________
Phone:
__________________ Date of Graduation from Law School:___________
NO COST to meet with a Volunteer Lawyer First-Come, First-Served, Spanish-speaking volunteers will be onsite.
Date of Membership in OBA: ____________ Nomination Type: Self / By Other OBA Member Present Activity in OBA:
________________________________________________
Past Activity in OBA:
________________________________________________
Areas for Improvement by OBA:
__________________________________________
SIGNATURE: ______________________________________________________
Sponsored by Nebraska State Bar Association in collaboration with:
LW Document ID: 14102 Version: 6.0 Document: nics / Lawyers in the City / 2018 June LinC Omaha / LinC Public Flyer.docx
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FIVE
GREAT REASONS
TO JOIN OBA’S LAWYER REFERRAL SERVICE • NOT pro bono - clients pay $$$ for consultation and additional services • LRS gets 8,000+ calls ANNUALLY for legal referrals • Better ROI than advertising • Conflicts check and calendaring of consultation done by a professional • EFFORTLESS way to get new business *LRS applications were sent out April 10th in the mail. For more information, please call or email Donna Birkby at 402-280-3606 or dbirkby@creighton.edu. OBA Lawyer Referral Service Connecting Omaha with Legal Services Since 1962
OMAHA LEGAL PROFESSIONALS ASSN. By Lynda Henningsen, President 2016 - 2018 Greetings everyone! It is with much pleasure that I announce this year’s 20182019 OLPA officers who were installed at our st 21 Annual Awards Banquet, Installation of Officers and Boss Appreciation event that was held April 18, 2018 at Arbor Hall. The Honorable Laurie Smith Camp, Chief Judge of the U.S. District Court for the District of Nebraska, served as our Master of Ceremonies and installed the following officers: • Nadine Ostrow, President
• Jean Roeder, Vice President
• Donna Olson, Secretary
• Jeanne Mangimelli, Treasure
• Doris Crayton, Chapter Representative
I was honored as this year’s Legal Professional of the Year. I am the publisher of The Daily Record and have been an OLPA member for three years, having served on various committees and the past two years was president. Cathy S. Trent-Vilim was honored as Boss of the Year. Ms. Trent-Vilim is a partner at Lamson, Dugan and Murray. She was nominated by OLPA member Laura Cejka. Our Oscar award winner was Donna Olson of Fraser Stryker. The Oscar award is given each year to a member in recognition of outstanding loyalty, service and attendance.
Congratulations to all this year’s winners! At this year’s Law Day luncheon on May 1, OLPA members Donna Olson and Jean Roeder will present the Omaha Bar Association’s Law Day Contest winners. Every year OLPA serves as liaison to the OBA th as 8 graders from the greater metropolitan area are invited to submit an essay about the meaning of the Law Day theme. This year, all three winners were chosen from Mr. Greg Gorski’s history class at St. Pius / St. Leo Catholic School in Omaha. Mr. Gorski has been teaching for four years at St. Pius / St. Leo after 26 years as a practicing attorney
in Omaha. st nd The winners are: 1 place - Gigi Salerno, 2 place - Meg rd Raabe and 3 place - Abby Wessling. st nd Cash prizes of $150 for 1 place, $125 for 2 place and $100 rd for 3 place will be awarded to the winners. Thank you to the Honorable Lyle E. Strom, retired Senior United States District Judge of the U.S. District Court for the District of Nebraska; Jason Grams, an attorney with Lamson, Dugan & Murray and Rebecca Kratky, sixth grade teacher at Oakdale School for serving as our judges this year.
This is the beginning of OLPA’s new year and a great time to become involved. We are a professional organization open to all persons employed in or interested in work of a legal nature. Many opportunities are available in the areas of networking, professional Additionally, scholarships in the development, education and amount of $500.00 each were leadership. If you would like more Hon. Laurie Smith Camp emceed OLPA’’s annual awarded to Amou Riing and Raul banquet in April. information, please feel free to Ramirez. Miss Riing is a senior at contact me at lhenningsen@omahadailyrecord.com. Omaha Northwest High Magnet School and plans to attend the University of Nebraska-Lincoln to study psychology and continue on to law school to become an attorney. Mr. Ramirez is a senior at Omaha South High Magnet School. After graduation, he plans to study criminal justice For more information on the Omaha Legal Professionals at the University of Nebraska-Omaha with the career Association, please visit our website at www. objective of becoming an agent for the Federal Bureau of nebraskalegalprofessonals.org/OLPA. Investigation.
Omaha Bar Association
PRSRT STD U.S. POSTAGE PAID OMAHA, NE PERMIT NO. 1025
NEWSLETTER
Omaha Bar Association 2133 California Street Omaha, Nebraska 68178
Omaha Bar Association Newsletter Managing Editors: Stephen M. Bruckner David Riley Dave Sommers
Contributing Reporters: Lynda Henningsen Anne Marie O’Brien Dave Sommers
Photographers: Donna Birkby, Lorraine Boyd, and Dave Sommers Some photos courtesy of The Daily Record
Design by: Lorraine Boyd, Avant Garde Publications
Printed by: Elman & Co.
Copyright © 2018 by Omaha Bar Association
CALENDAR
May 1 Tuesday
Law Day Luncheon Omaha Marriott 11:45 am - 1:oo pm
4 Friday
OBA Memorial Service Douglas County Legislative Chambers
6 Wednesday
YLD Riverboat Cruise Kon-Tiki-O! and the River City Star
8 Friday
Lawyers in the City South Omaha Campus Metropolitan Community College
TBA
Omaha Barristers Club Steak Fry Elmwood Park Pavilion
23 Monday
OBA Field Day Champions Run
June
July
Please check the calendar on the OBA’s Website for more details on upcoming scheduled events.