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COURT
NEWS
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SUPREME COURT RULE CHANGE
Attorney Rules of Discipline
August 27, 2003 — amendments to the Nebraska Supreme Court Rules
of
Discipline (rule 10): Alters rule on procedure regarding initiation
of
proceedings and costs of actions.
Changes may be found on the Judicial Branch Web Site: www.nebraskacourt.com
Select “Supreme Court Rules” look under “Rule Amendments
(made within the
last 90 days)”
Notice to Court Clerks: If you do not have access to the internet and
are
interested in the full text of a specific rule, send an e-mail response
“reply with history” and your request will be forwarded to
the proper
individual. The rule will be mailed to you.
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2003 COURT INTERPRETER PROGRAM
The Nebraska Supreme Court announces its 2003 court interpreter program
designed to improve court interpretation in the Nebraska state court
system.
Introduction Workshop for Court Interpreting September 24 & 25
Lincoln, Southeast Community College
Skills Training for Employed Spanish
Court Interpreters September 26 & 27
Lincoln, Southeast Community College
Written Language Certification
Exams for Court Interpreters
Spanish, Vietnamese, Arabic, Russian, October 4
Mandarin, Cantonese, Laotian, Korean Lincoln, Grand Island,
Madison, Gering
Oral Language Certification
Exams for Court Interpreters
Spanish, Vietnamese, Arabic, Russian, November 1
Mandarin, Cantonese, Laotian, Korean Lincoln, State Capitol
(must have passed written to qualify)
http://court.nol.org/press/releases/interpreter.htm
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NSBA
NEWS
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NEBRASKA STATE BAR ASSOCIATION RECOGNIZES OUTSTANDING LAWYERS FOR
THEIR PUBLIC SERVICE
Professors John M. Gradwohl and Ronald R. Volkmer have both
been chosen to receive the Award of Appreciation. The Award of
Appreciation is given to individuals or organizations in recognition
of outstanding public service creating a better public understanding
of the legal profession and the administration of justice. They are
being recognized for their work on the adoption of the Uniform Trust
Code in Nebraska.
John V. Morgan of Fullerton, Nebraska is the recipient of the
Robert M. Spire Pro Bono Award. This award recognizes outstanding
contributions by a volunteer lawyer providing legal services to the
poor, as shown by his willingness to accept many pro bono cases.
John B. Milligan is the recipient of The Award of Special
Merit, which is presented to a member of the NSBA to recognize service
in advancing the legal profession, the administration of justice and
the public interest. He is being recognized for his work as public service
attorney for low-income Nebraskans in civil matters.
Professor Kevin L. Ruser is the recipient of the George H.
Turner Award. The George H. Turner Award is presented to a member
of the NSBA who has demonstrated unusual efforts in furthering the public
understanding of the legal system, the administration of justice, and
confidence in the legal profession. He is being recognized for his efforts
to train the future lawyers of Nebraska in the Legal Clinic and his
work in the immigration and asylum area.
Award recipients will be recognized at the NSBA Association Luncheon,
Friday, October 24th, a noon.
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UPDATE AND REQUEST FOR ACTION ON FCC "DO NOT FAX" RULES
On August 18, 2003, the Federal Communications Commission ("FCC")
issued a temporary
stay until January 1, 2005 of new rules that would prohibit all
bar associations from sending unsolicited facsimile advertisements to
their own members and others who are interested in their products and
services without first obtaining the express written consent of the
recipient. These FCC
rules were scheduled to go into effect on August 25, 2003.
While we are pleased with the temporary stay, the FCC statement implied
that the purpose of the 16-month delay was simply to provide extra time
for companies to prepare for the new rules and to give the FCC additional
time to learn more about how the new rules might effect businesses.
In granting the stay, the FCC made it clear that the extension did not
signify a retreat. Instead, the FCC would use this time to respond to
concerned parties and reconsider the rules.
See August 20, 2003 Washington
Post article.
Therefore, because the FCC rules have been merely delayed and not withdrawn,
we must continue our efforts to defeat the new rules. In light of the
serious detrimental effects that these new rules would have on all bar
associations, we urge you to send a letter to FCC Chairman Michael K.
Powell expressing your opposition and asking the FCC to (1) permanently
withdraw the new rules that would eliminate the "established business
relationship" ("EBR") exemption to the do-not-fax rules
under the Telephone Consumer Protection Action of 1991 ("TCPA")
and (2) issue a clarification that tax-exempt nonprofit organizations
are exempt from the do-not-fax rules under the TCPA.
If you have any questions or comments regarding the new FCC rules,
please contact me at (202) 662-1098 or frisbyr@staff.abanet.org.
In addition, please fax a copy of your letter to the FCC to our office
at (202) 662-1762 so that we can coordinate with you and follow-up on
your efforts.
Background
On July 3, 2003, the FCC released revised rules implementing the TCPA,
a statute that prohibits the faxing of "unsolicited advertisements."
Included in the new rules are provisions eliminating the EBR exemption
to the "do-not-fax" rule under the TCPA. As a result, bar
associations would no longer be able to fax unsolicited advertisements,
defined as "any material advertising the commercial availability
or quality of any property, goods, or services," to their own members
or to anyone else. Before such advertisements are sent, bar associations
would be required to obtain the signed written consent of each fax recipient-including
their own members-and the consent forms must be sent by some method
other than fax. Anyone violating the new regulations will be subject
to stiff fines and potential judgments, ranging from $500 to $11,000
per unsolicited fax. A link to the FCC's new rules is referenced above.
On August 8, 2003, the ABA Board of Governors adopted a policy opposing
the new FCC rules. Subsequently, on August 22, ABA President Dennis
Archer sent a letter
to the FCC praising their decision to stay key portions of the new
rules until January 1, 2005, but urging them to withdraw the rule abolishing
the EBR exemption and to issue a clarification that tax-exempt nonprofit
organizations are not subject to the TCPA's do-not-fax rules.
Many other organizations, including the U.S. Chamber of Commerce and
American Society of Association Executives ("ASAE"), have
also expressed strong objections to these new rules. See August 19,
2003 ASAE
press release.
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2003 ECONOMIC & TECHNOLOGY SURVEY RESULTS
The 2003 NSBA Economic & Technology Survey Results are now available
for purchase. Results for each survey are $25/copy.
To order your copies, print out the order
form or contact Sam Clinch
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ANNUAL MEETING PREVIEW-OCTOBER 22-24, LINCOLN
The Annual Meeting includes many opportunities to see old friends as
well as meet new ones. On Wednesday, come join the first time attendees
at a reception in the lower level lobby of the atrium at 11:30 a.m.
At noon, meet with fellow UNL or Creighton alumni at their law school
luncheons. At 4:00 p.m., join our host Pinnacle Bank at the Exhibitor's
Reception to thank the exhibitors. End the evening by attending the
Judges' Reception at 5:00 p.m. at the University of Nebraska College
of Law Schmid Law Library on east campus.
On Thursday, join us again at the first time attendees reception at
11:30 a.m. At noon, come honor the fifty-year members and the twenty-five
year members at the NSBA Legacy Luncheon. At 5:00 p.m, meet your friends
at the President's Reception to see The Second City Improv Group sponsored
by Union Bank & Trust. The Second City's National Touring Company
is always original, daring and hilarious. Top off the evening by attending
the NSBA Young Lawyers Reception at P.O. Pears.
End the Annual Meeting on Friday by attending the NSBA Association
Luncheon featuring Mark Mayfield. He will have you laughing all the
way back to your office!
Substantive programs feature 13 CLE seminars. Take a look at everything
planned by going to the website.
SPECIAL ROOM RATE EXPIRES OCTOBER 12. Don't wait to register!
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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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IOWA ACCREDITS ANNUAL MEETING SEMINARS
The Following Annual Meeting Programs Are Accredited by Iowa for CLE
Credit:
Information on other programs will be posted as it is received.
Iowa Accreditation Annual Meeting Seminars
Title Corporate Counsel Section (Sarbanes-Oxley Update)
Sponsor: NE CLE
Date: October 22, 2003
Location: Lincoln, NE
Activity Number: 19722
Total/Regular CLE Hours Approved: 2 ½
Ethics Hours Approved: 0
Title: Tech. C’ee Seminar (Beyond Time Management)
Sponsor: NE CLE
Date: October 22, 2003
Location: Lincoln, NE
Activity Number: 19723
Total/Regular CLE Hours Approved: 3 ¾
Ethics Hours Approved: 0
Title: Notice Pleading Update
Sponsor: NE CLE
Date: October 22, 2003
Location: Lincoln, NE
Activity Number: 19724
Total/Regular CLE Hours Approved: 3
Ethics Hours Approved: 0
Title: Elderlaw Section (The Trouble with Trusts)
Sponsor: NE CLE
Date: October 22, 2003
Location: Lincoln, NE
Activity Number: 19726
Total/Regular CLE Hours Approved: 2
Ethics Hours Approved: 0
Title: Courtroom Decorum (“Ain’t Misbehavin’ “)
Sponsor: NE CLE
Date: October 22, 2003
Location: Lincoln, NE
Activity Number: 19725
Total/Regular CLE Hours Approved: 2 ½
Ethics Hours Approved: 0
Title: Family Law Section (Farm Divorces and Farm Bankruptcies)
Sponsor: NE CLE
Date: October 22, 2003
Location: Lincoln, NE
Activity Number: 19727
Total/Regular CLE Hours Approved: 2 ½
Ethics Hours Approved: 0
Title: Bank Atty. Sect. (Current Issues in Banking Law)
Sponsor: NE CLE
Date: October 22, 2003
Location: Lincoln, NE
Activity Number: 19728
Total/Regular CLE Hours Approved: 2
Ethics Hours Approved: 0
This approval means that time spent in continuing legal education activities
incorporated in this accredited program may be credited against the
continuing legal education requirement of fifteen (15) clock hours per
year, established by Rules 41.3 and 42.2 of the Iowa Supreme Court.
In publicizing this accreditation, the Commission suggests that wording
similar to the following be used:
(Program Title) 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 (Number of Hours Approved)
hours of regular credit toward the mandatory continuing legal education
requirements under the Iowa rule, including (Number of Ethics Hours
Approved) hours of ethics credit.
Activity ID numbers for events already reviewed by our office are available
at the following web site on the Internet. Additional accreditation
forms
also are available at the site:
http://www.judicial.state.ia.us/regs/conted.asp
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NCLE UPCOMING SEMINARS IN 2003-2004
November 7 - Workers Compensation - Lincoln
November 12-15 - Basic Mediation Training - Lincoln
November 14 - Uniform Trust Code Overview - Lincoln
December 12 - Social Security Disability - Omaha
January 16 - Advising Small Business Owners - Omaha
January 30 -Tax for the General Practitioner - Omaha
March 4 - 2004 Estate Planning and Probate - Lincoln
March 5 - Drafting Under the New Uniform Trust Code - Lincoln
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LIVE WEBCAST SEMINAR "WHY EVERY BUSINESS OWNER SHOULD FEAR
THE US PATENT SYSTEM
Date: Thursday, September 25, 2003
Time: 2 - 4:15 P.M. (CDT)
CLE Credits: Up to 2.0 WI CLE credits
Tuition: Live Webcast $49
Many new-economy companies have intellectual property as their primary
valuable asset. Protecting this property will determine their success
or failure. Help your clients protect their assets from piracy in cyberspace
via the Internet by attending this cutting-edge, informative seminar.
Register Now!
Find out why...
o Issued patents do not automatically grant patentees a right to practice
their own inventions.
o Patent lawsuits have increased 48% in nine years.
o The average cost of just preparing an answer to a patent infringement
complaint is $250,000.
o The average cost of defending a suit through trial is approximately
$1.5 million for each party.
At this seminar, available as both a live webcast and in-person, Attorney
Stephen Lesavich, founder of the Lesavich High-Tech Law Group in Chicago,
will discuss the new patent enforcement business models and tactics
being used by Jerome Lemelson; Pangea Intellectual Properties, LLC;
TechSearch, LLC; and other similar outfits against business owners with
intellectual property portfolios.
What is a live-webcast?
You attend a webcast via a web page on your computer. Webcasts include
video and audio of the speakers, slides, and Seminar handout materials
- all on your computer! Webcast programs keep you up-to-date, enhancing
your productivity by putting CLE programs right on your desktop, whether
you're at home, in the office, or on the road.
What are the advantages of a live webcast? Savings. No travel time,
no travel expenses, no parking hassles, and really comfortable chairs…your
own! You have the ability to participate through e-mail and seminar
forums as well as phone and fax, making this webcast interactive, interesting,
and responsive to your specific needs.
Presented by State Bar of Wisconsin CLE Seminars
Click here for
more information or to register
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RESOURCES
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TEST YOUR KNOWLEDGE OF PROFESSIONAL LIABILITY INSURANCE
1. The term "Claim Expense Inside" means that the
amount available to pay a claim is reduced by claim expenses. TRUE.
Under this option every dollar over the firm's deductible that is used
to defend the firm is applied to the Per Claim Limit. Another common
term for this is "diminishing limits". The reverse of this
is to have Claim Expense Outside, which can take several forms. Some
carriers allow full claim expenses above and beyond a deductible. Others
will limit the overall claim expenses to equal the Per Claim Limit.
The important distinction, though, is that at the end of the day with
"Claim Expenses Outside" you will still have your full limit
available to pay towards a judgment or settlement.
2. It doesn't matter to my insurance company if I hold equity
in a client's business and provide legal services. FALSE. This
issue is becoming an underwriting "hot button" as the market
changes. Underwriters view this type of activity as a conflict of interest
and will take appropriate underwriting action. Some insurance carriers
allow up to a 10% equity threshold before an automatic exclusion applies,
some simply exclude claims arising from legal services for that client.
Getting into business dealings with your clients is never a good idea.
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CASEMAKER™ TIP#13: DOES SPELLING MATTER?
I came across this one by accident. A basic search was coming up with
no documents although I knew there should be many. It turned out that
I had misspelled one of the words in my search phrase. After experimenting
for awhile I confirmed that if only one word is misspelled there will
be a negative result. That is because the search is looking for documents
that have all the words somewhere in their text.
There is an occasional exception which usually involves the search
engine recognizing the misspelled word as some other correctly spelled
one.
Doug Kluender
dkluender@law7000.com
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PRACTICE TIP-FEES
Remember that clients are often under considerable stress (from their
legal problems) the first time they visit a lawyer. Your explanation
of your fees and costs may be a model of clarity, but it may not sink
in. Give your explanation in writing as well as verbally. If a lot of
money is at stake (in the eyes of the client), allow the client time
to think it over before committing to your fees. Clients who "buy
in" to a fee agreement are more likely to abide by it. Then take
the initiative to periodically discuss the amount of fees throughout
your representation. If at any given point the fee does not comport
with the client's expectations, resolve the situation as soon as possible--don't
let it fester until the attorney/client relationship is irreparably
damaged.
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