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COURT
NEWS
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IMPORTANT NOTICE FROM USDC REGARDING CLERK, GARY MCFARLAND AND COMBINING
THE OMAHA AND LINCOLN CIVIL DOCKETS
Click here for the notice from
Chief Judge Kopf
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NOMINATIONS BEING ACCEPTED FOR OUTSTANDING JUDGES
Nominations are being accepted for annual Nebraska Supreme Court
Judicial Awards.
The awards recognize the efforts of judges who have provided outstanding
service inside and outside the judicial system. Chief Justice John V.
Hendry will present the awards at the Nebraska Judges Fall Education
Program this October.
Nominations will be kept anonymous and may be made by judges, court
staff, lawyers and the public using with the following criteria:
Award of Service to the Judiciary
Award #1 is for a judge who has distinguished himself or herself by/through:
- Contributing to the improvement of the judicial system;
- Service as a trial judge (not necessarily length of service);
- Promoting judicial efficiency.
Award of Service to the Community
Award #2 is for a judge who has distinguished himself or herself through:
- Showing or performing outstanding service to the community on a
volunteer or professional level.
The deadline for accepting nominations is August 30, 2003.
Nominations should be no longer than one page, submitted to:
Janet Hammer Bancroft
Nebraska Supreme Court
P. O. Box 98910
Lincoln, NE 68509-8910
A committee of retired judges and the Chief Justice serve on the selection
committee.
Nominations forms are online at:
http://court.nol.org/community/awards.htm
Previous winners of the “Distinguished Judge for Improvement
of the
Judicial System” include:
1999: Hon. Robert O. Hippe, Scotts Bluff County District Judge, for
serving as editor of the Nebraska Bench Book, for developing a divorce
education project for parents, and for his volunteer work.
2000: Hon. F. A. Gossett, Dodge County District Judge, for his
outline on handling evidence beginning in 1981. The outline eventually
grew
into the Nebraska Evidence Handbook and published by Nebraska Continuing
Legal Education for distribution to lawyers and judges across the state.
2001: Hon. Alan L. Brodbeck, Holt County Judge, for his long service
as chairman of the county judges’ education committee and other
education
efforts. He also developed a web site for the Nebraska County Judges
Association in 1998. The site is divided into two parts, a public portion
that seeks to educate citizens about the workings of the court and a
private side dedicated to information for fellow judges.
2002: Hon. Karen B. Flowers, Lancaster County District Judge, for her
leadership and supervision of the first drug court in Lancaster County.
Other endeavors include teaching the Domestic Relations section of the
new
judge orientation and other educational participation. She also served
as
president of the Lincoln chapter of the American Inns of Court, past
president of the Lincoln Bar Association and past chair of the Nebraska
Bar
Association’s House of Delegates.
Previous winners of the “Distinguished Judge for Service to
the Community”
are:
1999: Hon. James M. Murphy, who retired from Douglas County District
Court, for his effort to establish the Douglas County Drug Court, which
began in April 1997 and was the first of its kind in Nebraska.
2000: Hon. Donald E. Rowlands, Lincoln County District Judge, for his
work with Latino and Hispanic communities in his district. He helps
with a
local Hispanic citizenship project, speaking to classes about the judicial
branch of the American system of government and developing a booklet
on the
court system for distribution to citizenship students.
2001: Hon. Douglas F. Johnson, Douglas County Separate Juvenile Court
Judge, Appointed to the bench in 1993, for maintaining a rigorous schedule
as a volunteer and leader within his community. As a judge, his efforts
include serving on the Board of Trustees of the National Council of
Juvenile and Family Court Judges, and is involved in the Permanency
Planning for Children Project; and speaker for the Foster Care Review
Board
and The Troubled Children and Youth Conferences; played a major role
in
starting the CASA program in Douglas County; presenter during the yearly
tours of the Omaha Law League; and for starting a series of free, “brown
bag” educational lectures at the Douglas County Juvenile Court.
2002: Hon. William B. Cassel, Brown County District Judge, and Hon.
Robert R. Steinke, Platte County District Judge, for their commitment
as
regional coordinators for the Nebraska High School Mock Trial Project
for
many years. Additionally, Judge Cassel set up a web site for his 8th
Judicial District and provides a spreadsheet program via the Internet
for
use by judges and lawyers in calculating child support payments.
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NSBA
NEWS
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ONE HOUR OF SHARING CAMPAIGN
Thank you to everyone that has participated in the One Hour of Sharing
campaign.
If you would like additional information on the One Hour of Sharing
campaign, please
click here. If you would like to contribute to the campaign, please
download the pledge
sheet or contact Sam Clinch at
sclinch@nebar.com
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NSBA 7TH ANNUAL GOLF TOURNAMENT
Date: September 12, 2003
Format: 4-person scramble
Lunch & Driving Range: 11:00 a.m. - 12:30 p.m.
Time: Shotgun start at 12:30 p.m.
Place: Arbor Links Golf Course
Price: $90.00 per person.
Includes: 18 holes with cart, range balls, prizes, drinks, lunch and
dinner.
Room Reservations: A block of rooms are available at the Lied Lodge
and Conference Center, phone number 402-873-8768.
Click
here for a registration form
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FCC TO AMEND THE REGULATIONS THAT IMPLEMENT THE TELEPHONE CONSUMER
PROTECTION ACT OF 1991
The new FCC reading of the Telephone Consumer Protection Act prohibits
any person or entity from sending any fax that contains an unsolicited
advertisement which is defined as "any material advertising the
commercial availability or quality of any property, good, or services
which is transmitted to any person without that person's prior express
invitation or permission." ... Click
here for additional information.
The proposed changes are scheduled to go into effect on August 25, 2003.
Please click here for the marketing consent
form. Please complete this form, sign it and return it to NSBA either
by fax at 402-475-7098 or by mail to NSBA, P.O. Box 81809, Lincoln,
NE 68501-1809 or by electronic version which clearly shows your signature
to mgooden@nebar.com
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VLP-SO CELEBRATES ITS ONE-YEAR ANNIVERARY
This week marks the one-year anniversary of the operation of the VLP-SO
Clinics. The clinics were established to promote access to the legal
system for non-English speaking individuals. Currently, the clinic is
operational in Omaha, Lincoln and Grand Island.
In the past year, 68 attorneys have volunteered their time and have
served over 300 clients. In addition, over 65 interpreters have been
trained to provide assistance at the clinics.
If you would information on the clinic or would like to volunteer contact
Jean McNeil at jmcneil@nebar.com
or (800) 927-0117.
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CLE
UPDATES
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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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ONLINE CLE COMES TO NEBRASKA
Now you can just click your mouse and obtain access to Nebraska and
other states’ online CLE through the Nebraska State Bar Association’s
partnership with LegalSpan,
our online partner. Visit the catalog - to be updated frequently as
more offerings become available - to see what CLE options you would
like. Online seminars can be purchased in segments costing only $30
or less each, and you have access to your program for up to 3 months..
Take CLE at YOUR convenience - at your office or home computer - and
see how convenient it is! Current seminars include employment law, ethics,
probate, and more. Coming soon - family law.
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IMPORTANT NEBRASKA REAL ESTATE SEMINAR UPDATE
To All Attorneys Who Practice in the Area of Real Estate:
The 2003 Annual Real Estate Seminar has been approved by the
following agencies for continuing education credit:
· Nebraska Real Estate Commission: 6 hours of intermediate
credit, course number 0552
· State of Nebraska Abstracters Board of Examiners: 3
hours of continuing education credit for full attendance at the seminar.
· Nebraska Department of Insurance: 6 hours Title Insurance
Credit - I.D. Number SA 11736
STATE OF IOWA - 6 ¾ General CLE Credit approved, course
id. Number 19425
Please Note:
If you are seeking credit from any of these agencies you will need
to sign in and out. Please have your appropriate ID or license number
ready!
The real estate lineup this year is outstanding and the seminar promises
to be full of good information for you and your practice. Click
here to review or print out a brochure. This seminar is coming up
soon but there is still time to register by fax, phone, or snail mail.
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NCLE CO-SPONSORS INNOVATIVE AUDIO CONFERENCE ESTATE PLANNING PROGRAMS
Check out these programs and register to attend via conference call!
Nothing could be more convenient to pick up some of the latest information
offered by well-known authorities in the field. Your participation in
the UMKC programs supports NCLE, so visit the URL below and if these
subjects and speakers interest you, consider attending via conference
call.
September 4
Audio Conference UNIVERSITY OF MISSOURI KANSAS CITY LAW SCHOOL
”How best to structure IRA beneficiary designations to achieve
the best tax benefits,” and how and when to structure a trust to
be the beneficiary of the IRA. Christopher Hoyt Professor, UMKC School
of Law, Kansas City, Mo.
October 2
Audio Conference UNIVERSITY OF MISSOURI KANSAS CITY LAW SCHOOL
Jeffery N. Pennell will discuss “Planning for the Spouse for the
First and Second Marriage to avoid conflict,” including a discussion
of QTIPs and Elective Shares.
For more information,
click here
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RESOURCES
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TEST YOUR KNOWLEDGE OF PROFESSIONAL LIABILITY INSURANCE
1. When an attorney joins my firm I can't be sued for work they
did at another firm. FALSE. If you, as the hiring entity, accept
the prior acts coverage of an incoming attorney you are also picking
up the possibility your new attorney may be sued for something they
did before joining your firm. In theory, the firm they came from will
also have coverage and the two insurance carriers will work together
to resolve the claim. In reality, it is often held that the attorney
who committed the alleged error is the primary insurance coverage. If
that attorney now works for your firm, it is your policy that could
answer. This is not as implausible as it sounds. One of the largest
claims the NSBA administrator, Marsh, encountered was this exact scenario.
2. As a sole practitioner I should always have a back up attorney
in case I suddenly could not practice law. TRUE. This is one
of the best and least difficult risk management tools for an attorney
to implement. Many carriers require a solo practitioner to list the
name of their back up attorney on the application. Often this involves
working through active cases to assign them to other counsel or to make
appropriate filing deadlines. Under some insurance policies your back
up is covered for the work they do on your behalf while covering for
you. It is a good idea, however, to be sure that your back up carries
professional liability insurance with comparable limits to yours.
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SMART DOCUMENTATION FOR THE BUSY LAWYER
Failure to keep good paper trails continues to rank among the leading
causes of malpractice. Is documentation the fun part of practicing law?
No. But it is an essential risk management tool that, if neglected,
will come back to haunt a firm sooner or later. Here are five reminder
tips for smart documentation:
· Gather initial client information in a case management software
program, which serves as a reminder checklist of important questions
to ask.
· Prepare engagement/fee agreements for every client and client
matter
· Send confirmation letters of advice given to clients, including
when they refuse to follow your advice
· Train all employees about the importance of and how to keep
good records of client contact and conferences
· Make sure all firm lawyers and staff are properly and faithfully
documenting files
Smart documentation starts with a comprehensive agreement and ends
with a file-closing letter. In between should be adequate notation of
all conferences, telephone calls, and other activities. When everything
is in writing, the risk of lawyer-client misunderstandings is significantly
reduced.
This excerpt is from: Easy Self Audits for the Busy Law Office, published
by the ABA Law Practice Management Section. It is available at: http://www.lawpractice.org/catalog/511-0420P
or by calling 1-800-285-2221
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PRACTICE TIP-GIVE A LITTLE REASSURANCE
Buyer's remorse is not limited to the purchases of consumer electronics
and automobiles. Many clients also experience second thoughts about
the lawyer they just hired. To reassure your new clients that they have
made the right choice, immediately show a little extra client care.
Send each new client a brief thank you letter with a "gift."
The "gift" could be a recent copy of your firm newsletter,
a recent topical article you authored, a business card that lists an
unpublished telephone number for the client to reach you in an emergency,
or a book related to their legal issues that shows you care about them
as a client. (You get the idea.) Then follow-up with a personal telephone
call several days later to let your client know you have begun work
on the matter. Let your client know it is a no-charge call. This immediate
special attention helps to retain clients and build positive long-term
relationships.
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