NEBAR NEWS -- Monday, January 6th, 2003

CONTACT US AT:

635 S.14th Street
P.O. Box 81809
Lincoln, NE 65801

 

ph. (402) 475-7091
(800) 927-0117
fx. (402) 475-7098

 

E-COUNSEL -- Monday, June 16th, 2003


COURT NEWS

JUDGE PAUL R. ROBINSON OF HARTINGTON, DIED TUESDAY, JUNE 10, 2003

Judge Paul R. Robinson of Hartington, died Tuesday, June 10, 2003, one
month short of his 66th birthday.

Judge Robinson took the bench as County Judge of the Cedar County Court
February 8, 1989. He replaced Judge David Curtiss who retired in October of
1988.

Judge Robinson graduated from George Washington University Law School in
1964 and had been in private practice in Hartington before becoming a
judge. He served as 2nd Lieutenant in the Army from 1959 to 1961 prior to
attending law school. Following law school graduation, he served as
legislative assistant for Congressman Beerman (1964) and as Cedar County
Attorney for one term (1967-1970).

He is survived by two children, Kristen Robinson and husband, Kyle Bellin,
Chicago, IL, and Paul Robinson, Jr., Lincoln.

Memorial Services will held at 11:00 a.m. on Wednesday, June 18 at the
Wintz Funeral Home in Hartington.

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THE JUDICIAL RESOURCES COMMISSION WILL HOLD A PUBLIC HEARING

The Judicial Resources Commission will hold a public hearing to
determine whether, based on the judicial workload statistics, a judicial
vacancy exists in the office of district judge of the 6th Judicial
District, due to the appointment of the Honorable F.A. Gossett, III, as a
federal magistrate, and make a recommendation to the Supreme Court as to
the principal place of office of said vacancy.

The Commission will also have a discussion concerning the Judicial
Resources Subcommittee on Statewide Resource Issues to review the need for
judges in the various district and county judicial districts in the state.

http://court.nol.org/press/releases/0617hearing.htm

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NSBA NEWS

GENERAL SESSION

Thursday, October 23, 2003

Michael Josephson, the founder and president of the nonprofit Joseph & Edna Josephson Institute of Ethics, has become one of the most sought-after teachers and speakers on the subjects of ethics and character. His Gabriel Award-winning commentaries air daily on radio stations in several U.S. cities. He conducts more than 50 programs per year for leaders in education, business, government, journalism, law, and the nonprofit community.

His ideas and the work of the Institute have been featured on ABC's "Prime Time Live," "Nightline" and "World News Tonight"; NBC's "Dateline" and "The Today Show"; "CBS This Morning" and the "CBS Evening News With Dan Rather"; PBS's "Bill Moyers' World of Ideas"; CNN; and C-SPAN.

Mr. Josephson has also been profiled in Time, The Wall Street Journal, USA Today, and the Los Angeles Times, and his articles have been published in dozens of publications, including the Los Angeles Times, The Boston Globe, and The Chicago Tribune, to name a few. He is the author of You Don't Have to Be Sick to Get Better! (2001), co-author of Parenting to Build Character in Your Teen (2001) and co-editor of The Power of Character (1998).

Through the Institute Mr. Josephson founded the CHARACTER COUNTS! Coalition, a partnership of hundreds of communities, schools and other educational and youth-service organizations that together have the potential of reaching millions of young people. The Coalition helps kids live more responsible, honest and safe lives by providing character-building curricula and programs based on core ethical values called the "Six Pillars of Character." The Coalition's efforts include production of the children's videos, "Choices Count!" and "Kids for Character." The President, the United States Congress and over 500 communities support the Coalition's nonpartisan approach and have declared the third week in October "National CHARACTER COUNTS! Week." In recognition of his work with CHARACTER COUNTS!, Mr. Josephson was awarded the America's Award for Integrity in 1996 by former President Ronald Reagan.

A graduate of UCLA and UCLA law school, Mr. Josephson was a law professor with an academic career spanning almost 20 years. During that period he was founder and chief executive of a publishing company and a national chain of bar exam preparation courses. In 1985 he sold these businesses, left academia, and devoted himself to the Institute, which is governed by a distinguished, independent Board of Governors. Mr. Josephson receives no salary or other financial remuneration for his Institute-related work.

Come hear Mr. Josephson at the Association Luncheon on October 23rd at the Annual Meeting.




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ELECTION NOTICE AND PETITIONS WERE MAILED LAST WEEK

The notice of the nomination of William G. Dittrick for President-elect Designate, and petitions for elections to be held in odd-numbered House Districts and the 3rd District Seat on the Executive Council were mailed last week. All petitions for all positions must be received in the NSBA office on June 23rd by 5:00 p.m. The petition to challenge the President-elect nominee requires 25 signatures, the petition for Executive Council candidates requires 15 signatures and the petition for House of Delegate candidates requires 3 signatures. Your petition must be signed by members who reside in the relevant district. Beginning this year, only one nominee is required for Executive Council elections. As in previous years, only one nominee is required for House positions. In several districts, there is more than one position open. In District 3 - Lancaster County - there are 18 House seats. The 18 candidates receiving the highest number of votes will be elected. Other districts with more than one seat in the House are: District 5 ( Butler, Saunders, Seward, Polk, York and Hamilton), District 9 (Antelope, Knox, Pierce, Madison, Wayne, Stanton and Cuming), District 11(Howard and Hall), and District 13 ( Arthur, Keith, Hooker, McPherson, Lincoln, Thomas, Logan and Dawson). Copies of petitions are availabe by calling Irene Munoz at the NSBA office.

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VOLUNTEER LAWYERS PROJECT UPDATE

The Volunteer Lawyers Project (VLP) has many opportunities for attorneys to volunteer their time. Currently, the VLP-SO legal clinics are active at the Chicano Awareness Center in Omaha and at the Hispanic Community Center in Lincoln. Two new VLP-SOs will be added in the next couple months. One will be held in Grand Island and the other will be in Omaha at the Southern Sudan Community Association.

Within the past couple weeks, the Volunteer Lawyers Project helped train 25 interpreters in the Grand Island area. The interpreters are not court certified, but they now have received training on how to interpret for an attorney. Within the next couple months, the VLP has plans to coordinate another training for interpreters in the Omaha area.

The VLP detention project is active and hopes to provide basic training for volunteers within the next few months.

Anyone who is interested in volunteering for a case, would like to spend time at a clinic, or has any questions about any VLP activities may contact Jean McNeil or David Bruggeman at 402-475-7091.

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NSBA END OF SESSION LEGISLATIVE SUMMARY 2003


There is a continuing trend to "package" several bills together into a single bill for final passage, and that was certainly evident this session.

Senators, staff, and lobbyists now take a breather for several weeks, but then interim studies will begin to focus issues for next session. We will keep you informed about these interim studies as staff and senators become more involved, and as hearings on those issues are scheduled. We will also advise you as political events take place which may affect the legislative landscape, including the campaigns for legislative seats.

Click here for a final legislative summary for the 2003 Legislative Session.

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DEADLINE FOR ECONOMIC AND TECHNOLOGY SURVEY'S HAS BEEN EXTENDED TO JUNE 20TH

There is still time to send in your economic and technology survey's. Please send the completed survey's to Sam Clinch at:

NSBA
Attn: Sam Clinch
P.O. Box 81809
Lincoln, NE 68501-1809

If you have any questions, please call Sam Clinch at 1-800-927-0117.

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CLE UPDATES

NCLE SECTION CALENDAR

Click here for a calendar of CLE programs to be offered in upcoming months. Download this calendar for easy reference.

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2003 REAL ESTATE SEMINAR

Allan Eurek, planning chair for the 2003 Real Estate Seminar, wants you to mark your calendars for Friday, September 5th, 2003. He is working on the program lineup now, and it will cover a number of current issues and hot topics, including mold and its impact on real estate transactions, new developments in water law, title insurance regulation, partition, and much, much more! A descriptive flyer will arrive in your mail soon, but it is not too soon to block that date. The program will be in Lincoln at the Cornhusker Hotel. For football fans, Saturday the 6th is the Utah State game. Plan on attending what looks like an excellent and substantive educational event devoted to real estate.

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2003 BEST PRACTICES SERIES

The seventh session of the 2003 Best Practices Seminar will be on Wednesday, June 18, 2003. The seventh session is "Bankrupty & Juvenile Procedure", and will take place at the Roman L. Hruska Law Center, 1st floor conference center beginning at 4:30 p.m. The speakers include John Hahn & Teresa Truksa Skretta

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NCLE TRIAL SKILLS SEMINAR

Plan on attending this important trial skills program! Click Here to view the brochure:

Take a Killer Adverse Deposition is an accredited program under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide a maximum of 6 1/2 hours of regular credit toward the mandatory continuing legal education requirements under the Iowa rule.

Iowa Information:

Title: Take a Killer Adverse Deposition

Sponsor: NCLE

Date: June 23, 2003

Location: Lincoln, NE

Activity Number: 18353

Total/Regular CLE Hours Approved: 6 1/2

Ethics Hours Approved: 0

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FAMILY LAW UPDATE

Click here for information about the upcoming Family Law Update - Trials and Travails: Practical Information You Can Use in the Family Law Arena , July 25, 2003 at the Lincoln Country Club. You will find the great annual program you have come to expect with some new areas and some updates in familiar areas. A few of the highlights include: *Expert Witnesses - Professsor Richard Colin Mangrum; *Ethical Issues - Kent L. Frobish; * Bankruptcy and Divorce; * Recent Cases Update - Steven J. Flodman; * Legislation Update - James E. Gordon; * Judges' Panel: "Alimony Hot Buttons."

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RESOURCES

CUT-OFF DATES

Take the time to find out the monthly cut-off date for each client's bill-paying cycle. Try to time your bill to arrive before the cut-off date each month, so that it does not wait around for another month's cycle. This may mean doing your bills in several small batches, but it is sure to improve your cashflow!

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PRACTICE TIP-THE RECEPTIONIST

The receptionist is the person who makes the initial contact with almost everyone seeking to do business with you. Yet often the receptionist is the most underpaid, unappreciated and under-trained person in the office. The receptionist can make a big difference in everything from losing a client to the initiation of a bar complaint proceeding. Compare the impact of the following two responses to an angry client who has not had a phone call returned: (1) Yes, I gave him the message. There's nothing else I can do about it. (2) Mr. Atty is usually very good about returning his phone calls. He has been in court all day. I'll try and make sure someone gets back to you as soon as possible.

Make sure that those answering the phone or stationed in the reception area are continually encouraged to be friendly problem solvers. If you have turn-over at the receptionist position, consider having some written guidelines, including responses to difficult situations.

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CASEMAKER™ TIP#9: USING THE UCC

I was recently asked about searching in the Uniform Commercial Code. Unlike the printed statutes where the U.C.C. is a separate volume in Casemaker it is part of the statutes as a whole. If you know the number of the section you want to view it can easily be found using the 'browse' feature. However, if you use the basic or advanced 'search' methods you should be advised that Casemaker uses a non-standard citation format. To find your statute you need to write it with the letter u preceding the statute's number, e.g. u2-201. There is no need to enclose the phrase in quotation marks. Citing as U.C.C. Section 2-201 or U.C.C. 2-201 won't return any result.

If you want to do a words and phrases search in just the U.C.C. it can't be done. The search will be conducted on the entire set of statutes, including the annotations.

Doug Kluender
dkluender@law7000.com

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