NSBA News

Rural Practice Initiative Associate and Summer Clerkship Placement Program
In an effort to connect law students and attorneys with firms looking to hire associates or law clerks in greater Nebraska, the Nebraska State Bar Association is conducting a Rural Practice Initiative Interview Event in Norfolk on September 30th. In-person interviews for the clerkship program or associate employment will take place at the Norfolk Country Club on Friday, September 30th from noon - 5:00 pm. The goal is to provide 15-20 minutes for each interview. We estimate that each attorney will have the opportunity to interview at least six attorney/students. Attorneys, students and representatives from law firms will have an additional opportunity to meet and converse at a reception following the formal interviewing session.

If you are interested in hiring and would like to interview at the event, email Sam Clinch at sclinch@nebar.com If you are interested in interviewing for an associate position or a law clerkship for the summer of 2017, please complete this form and return to Sam Clinch, 635 S 14th St. #200, Lincoln, NE 68508. Please respond by September 23, 2016.

Swearing in Ceremony Set for New Attorneys
The Nebraska State Bar Commission has received the Supreme Court’s approval of its recommendation for the following individuals to be admitted to the practice of law in the State of Nebraska, having fulfilled all of the requirements under Rule §3-117 for admission by examination. The swearing in ceremony will take place September 29, 2016, at 10:00am in the Rotunda of the State Capitol building.  Full Press Release

October 6, 2016, Application Deadline Set for Judge Vacancy, Nebraska Workers’ Compensation Court
According to Supreme Court Justice John F. Wright, the Judicial Nominating Commission for the Nebraska Workers’ Compensation Court will hold a public hearing in the Supreme Court Courtroom, Room 2200, State Capitol Building, Lincoln, Nebraska, beginning at 10:00 a.m. on Thursday, October 27, 2016. The primary place of office for the judicial vacancy is Lincoln, Lancaster County, Nebraska. At the hearing, the Commission will receive information on the qualifications of candidates to fill the vacancy in the office of Judge due to the retirement of Judge Laureen K. Van Norman, effective January 5, 2017. Full Press Release

Volunteer for a NSBA Committee
Hon. Joseph F. Bataillon, of Omaha, will take office as president of the Nebraska State Bar Association at the October Annual Meeting. He will be appointing NSBA committees. If you are interested in serving on a committee, please review and return the Committee sign up form by November 1st.

Updated Civil Practice and Procedure Manual Now Available
Thanks to the generosity of many of Nebraska’s best trial lawyers, the Civil Practice and Procedure Manual has just been completely reviewed and updated. Chapters provide in-depth information and practice tips for every step of a civil matter, from initial case in-take through motions, filings, discovery, pre-trial, trial, and more. Many chapters include sample forms. The manual is available electronically in the NSBA (online) Store for $95.

Leadership Look-out
Most NSBA sections are currently looking for new lawyers to join section leadership teams. This is a fun, easy way to help sections as they help lawyers be their best, while building your own brand within your practice area. Contact any section chair (see leadership lists for all sections at nebar.com) or contact Lorrie Benson, NSBA Section Facilitator.

Seven Submit Their Names for District Judge in the Second Judicial District
Julie E. Bear, Plattsmouth; Nathan B. Cox, Plattsmouth; Jennifer A. Huxoll, Palmyra; David J. Partsch, Nebraska City; Paul A. Payne, Dodge; Michael A. Smith, Springfield; and Margaret M. Zarbano, Omaha, have submitted applications for appointment as District Judge in the 2nd Judicial District consisting of Cass, Otoe, and Sarpy counties. The primary place of office for the judicial vacancy is Plattsmouth, Cass County, Nebraska. The vacancy is due to the appointment of Judge Jeffrey J. Funke to the Supreme Court bench. Full Press Release

Nebraska Lawyers Foundation Kicks Off One Hour of Sharing Campaign
Contributions to the Nebraska Lawyers Foundation support programs like the Volunteer Lawyers Project (VLP), the Nebraska Lawyers Assistance Program (NLAP), the LSAT Prep Scholarship Program, and the Rural Practice Initiative. These programs help support a strong legal profession and help ensure justice for all Nebraskans. This year, through our One Hour of Sharing campaign, we ask that you consider donating the equivalent of one billable hour. Whether you give $10 or $10,000, you can help us tip the scale toward our goal of $50,000 by December 31, 2016. Your gift through the One Hour of Sharing Campaign is an opportunity to help make an impact. You will receive a donation form in the mail this week.  You can also donate online via this link: http://www.nebar.com/donations/

• Over 310,000 Nebraskans, or 17% of the state’s population, are income eligible for services from civil legal service providers.
• 20.6% of lawyers nationally report problematic alcohol use and 1 in 4 lawyers are struggling with some level of depression.
• There are 11 counties in Nebraska with no lawyers and 20 more counties with three or fewer lawyers.
• For many first generation college students and other historically underrepresented groups, the cost of an average LSAT Prep Course ($1,600) is beyond their means.

Because of donations from you and other NSBA members...

• Volunteer lawyers helped more than 7,000 persons through VLP programs and activities.
• NLAP provides confidential support, consultation and treatment referral for substance abuse, mental health and other impairments.
• The Rural Practice Initiative has helped place 10 lawyers in rural Nebraska.
• LSAT Prep Diversity Scholarships have been awarded to students demonstrating economic need.

2016 Outstanding Young Lawyer Award
The Outstanding Young Lawyer Award is presented annually to a young lawyer who has made exemplary contributions to the community and to public service, who has actively participated in State and local bar activities, and who stands out in the areas of professional knowledge, skill, integrity and courtesy.

To nominate a young lawyer for this award, please complete and return this form. You may be contacted, confidentially, for more information on your nominee. Nominations must be received no later than September 25, 2016, by the YLS Executive Committee, c/o Leslie Shaver; Simmons Olsen Law Firm, P.C.; 1502 2nd Ave.; Scottsbluff, NE 69361. Nominations may also be e-mailed to lshaver@simmonsolsen.com.

Outstanding Contributor to Women & the Law Award
The Women in the Law Section is seeking nominations for the “Outstanding Contributor to Women and the Law Award.” This award is presented annually and recognizes the lifelong accomplishments of an individual who has directly contributed to the active integration and participation of women in the Nebraska system of justice.

Do you know someone who has been:

• An advocate for women’s issues?
• A pioneering woman in the law?
• A mentor or role model for women in the law?
• Someone who advanced gender equality in the justice system?

To nominate someone, please complete the nomination form and return it to Katie Vogel, Chair, Women and the Law Section, via mail Seiler & Parker, P.C., L.L.O., 726 East Side Blvd., Hastings, NE 68901; via email kvogel@hastingslawfirm.com or via Fax: (402) 463-3110 by Friday, September 23, 2016.

Nebraska Free Legal Answers
Pro Bono Online Starts in 2 Weeks!
By now, you have probably heard attorneys talking about Nebraska Free Legal Answers (NFLA), a new pro bono opportunity scheduled to launch October 4. NFLA is part of an American Bar Association National Website that allows lawyers to provide limited scope civil legal advice to low-income Nebraskans who post questions on the Website. No more set schedules, long training or travel to do pro bono work. More important, NFLA provides an opportunity for all approved Nebraska lawyers to do pro bono, including transactional, in-house, corporate and government attorneys.

• Pro bono available 24/7, anywhere you have Internet access
• You pick the days and time you want to do pro bono work
• Pick the questions you want to answer
• Provide much needed limited representation across Nebraska
• NLADA malpractice coverage for all pro bono work you do

Go to www.Ne.FreeLegalAnswers.org to register or contact Carol Cleaver at (402) 742-8127 or VLP@nebar.com to register or obtain more information. Watch an 8-minute YouTube video overview of the Website to see how easy it is to do pro bono online.

Join VLP’s Network of Volunteers
Please visit the VLP Attorney Portal on the NSBA Website to view all VLP-sponsored pro bono activities. Every week, hundreds of Nebraska residents look to Nebraska legal service organizations for assistance. You have the ability to make a difference in someone’s life this week. Join VLP’s network of volunteers to make pro bono happen across Nebraska.

Calling All Techies:  We Need You at Annual Meeting
We’re trying a fun new tech event at this year’s NSBA Annual Meeting, and are looking for volunteers for a one-hour commitment.  Tech Tutors will offer 15-min individual opportunities for attendees to get advice on some aspect of a portable device (especially smartphones and tablets) or apps or software.  As a volunteer, you’ll meet with up to 4 attendees to help them, much as you might help a friend or work colleague.  We need six volunteers each day from 9-10 am.  You can volunteer for any topic you’re comfortable with, but here are some topics we’re suggesting:  General smartphone (iPhone or Android), general tablet, PowerPoint, LinkedIn, Twitter, cameras on phone/tablet, texts, Facebook, Skype/Google Hangouts, saving data and battery on your smartphone, password apps, extracting text and data from devices.  You don’t have to be an expert—just reasonably knowledgeable about your topic and willing to be a coach.  Interested?  Contact Lorrie Benson at NSBA. 

Recent Supreme Court Opinions

Week of September 16, 2016

Week of September 9, 2016

For a complete listing of recent opinions, visit the Nebraska Judicial Branch Website.

NLF News

Save the Date 2017 Barristers' Ball - March 18, 2016
The 2017 Barristers' Ball will be held at the Embassy Suites La Vista on Saturday, March 18, 2016. The theme is Emerald City.
Thank to you all our sponsors.

Articles

The Speakers’ Society: An Innovative Approach to Developing Presentation Skills
By Molly Peckman, Originally Published in ABA Law Practice Today
Imagine a lawyer training program so popular that everyone participating volunteered to attend.

Imagine a training program where all attendees didn’t just show up—they spoke!

Imagine a training program that not only helped lawyers develop critical skills, but also helped them learn more about their firm, their colleagues and their clients.

Imagine Dechert Speakers’ Society, an innovative approach to oral communications skill development.   Full Article

Law School Deans Push to Add Tech to the Curriculum
By Steven J. Best, Originally Published in ABA Law Practice Today
In early August, as the ABA membership gathered in San Francisco for its annual meeting, six law school deans and professors also met in the city by the bay to continue their discussion about including legal technology training in the current law school curriculum.  Full Article

Resources

Casemaker Weekly Update
You know that with Casecheck+ the green thumbs up icon means the case you are viewing is good law. What about the red thumbs down icon? What else can Casecheck+ tell me?

When you click on the case with a red thumbs down you will see a case listed that generated the negative treatment as well as an indication of the type of negative treatment–but what does that term mean? Lets go over the list:

• Criticized - This keyword is used between two same state appellate courts or between two different circuit courts, when one is not agreeing with the conclusion of the other
• Granted - The citing case grants further appeal in the cited case.
• Modified - The higher court modifies or brings certain changes in the lower court’s decision or the lower court brings certain changes in its prior opinion. However, that may affect change in judgment or not.
• Overruled - The citing case explicitly overrules or disapproves the cited case.
• Overruled in part - The citing case explicitly overrules or disapproves some portion of the cited case.
• Questioned - The citing case determines that the cited case lacks continuing validity and thus can no longer be relied upon.
• Reversed - The higher court overturns the judgment of the lower court based on legal issues.
• Superseded - When a statute has overwhelming authority over the court’s decision.
• Vacated - When a higher court renders the lower court’s judgment null and void.
• Withdrawn - When a court finds its earlier opinion or its lower court’s opinion unresponsive.
  

You can also find other cases that cited your case by clicking on the citing references tab. This is simply a list of cases which cited the case, there is no treatment applied to this list. The Negative Treatment tab will list of the cases which cited the case negatively.