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

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


NSBA Web Site

E-Counsel is available to members of the Nebraska State Bar at no additional charge.

E-COUNSEL -- Monday, October 11, 2004

Articles

THE TOP 10 WAYS FOR YOUNG ASSOCIATES TO THRIVE ON THE LITIGATION TEAM


Most newly minted lawyers have few illusions about their ability to do deals. Transactional practice is not a serious part of the curriculum at most law schools. On the other hand, we have all been schooled in case law and procedure.

Yet the packaged assignments of the academic and summer associate world do little to prepare new lawyers for making themselves immediately useful in real-life litigation projects, usually far from the courtroom.

The full-time practice of law requires a change of focus. Assignments are longer, and commitments are more substantial. Senior litigators want teams of reliable, capable junior lawyers, to whom they expect to turn again and again as issues develop in a case and as new cases develop. Here are 10 proven ways to ensure that you do not get left on the bench.....(more)

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PRO BONO: DOING WELL BY DOING GOOD

Many of the reasons to do pro bono legal work are familiar to most lawyers. Volunteering in communities without access to quality legal services is part of our responsibility as lawyers to use our skills in service to others. It is also an opportunity to have a meaningful and lasting impact on people's lives. The American Bar Association encourages all lawyers to commit to at least 50 hours of pro bono service each year.....(more)

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NSBA NEWS

CHARITABLE FUNDS INC.,

CFI's Barristers' Ball

The First Annual Barristers’ Ball "Starry Starry Night " is scheduled for April 30, 2005 in Omaha. Dance the night away under the stars with the band Galaxy as they wheel through the heavens. Swirl with the galaxies, flash with meteors and soar with comets.

The evening promises to be an event to remember, so mark your calendar and be prepared for a festive night of fun and entertainment.

Proceeds to benefit the Volunteer Lawyers Project which is the NSBA's statewide volunteer legal services project and referral network founded on the belief that all citizens should have access to the legal system, regardless of ability to pay.

Mark your calendars!! The second annual Race Judicata is scheduled for April 30, 2005 at Chalco Hills

Don't miss out on the second annual Greater Nebraska Golf Scramble on June 17, 2005 at Wild Horse Golf Course in Gotenburg!




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JUDICIAL RESOURCES COMMISSION PRESS RELEASE

The Judicial Resources Commission will hold its annual meeting pursuant to
Neb. Rev. Stat. § 24-1205 to determine whether . . .

Due to the death of the Honorable Charles Glenn Wallace, III, the
Commission will determine, pursuant to Neb. Rev. Stat. § 24-1204, based on
the judicial workload statistics, whether a judicial vacancy exists in the
office of county judge of the 12th Judicial District.

Due to the retirement of the Honorable James L. Macken, effective December
31, 2004, the Commission will also determine, pursuant to Neb. Rev. Stat. §
24-1204, based on the judicial workload statistics, whether a judicial
vacancy exists in the office of county judge of the 12th Judicial District.

The hearing is scheduled for Friday, October 22, 2004 at 10:00 a.m.,
central time. The hearing will be held via video conferencing from the
State Office Building, Rm. 207, 2nd Floor, 1313 Farnam Street, in Omaha,
Nebraska, and will include participation from the Panhandle Education
Center, 4502 Ave. I, High Plains Room in Scottsbluff, Nebraska, and from
the Executive Building, 521 South 14th Street, Suite 103, Lincoln,
Nebraska.

Full release on the web at:
http://court.nol.org/press/releases/1022hearing.htm




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2004-05 BAR DIRECTORY UPDATES AND CORRECTIONS

On page 37 of the new Bar Directory the phone number for the Nebraska State Bar Foundation and the Nebraska Lawyers Trust Account Foundation has been corrected and is available for you to download and print. We've also received updates for some of the information in the Judiciary section. Download pages 57-61 here.
We apologize for the error.




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IT IS NOT TO LATE TO REGISTER FOR THE ANNUAL MEETING

Here is the full list of CLE opportunities you do not want to miss:

Wednesday, October 20, 2004

Cross-Examining Expert Witnesses
Bank Attorneys Section Seminar: Banking Law Update
Nebraska Women's Bar Association: International Trafficking in Women & Girls: A Nebraska Problem?
Real Estate, Probate & Trust Law Section: Non-Probate Transfers-A Life and Death Decision
Women & the Law Section: To P.C. or to L.L.C., That is the Question: A Guide Through the Alphabet Soup of Choosing the Right Legal Entity for Your Law Firm
Professional Responsibility: An Overview of the Proposed "Model Rules" for Nebraska
Employee Benefits for the Non-ERISA Attorney
Elderlaw Section Seminar: Evaluating Competency When Working with Older Clients
Labor Relations & Employment Law Section Seminar: What's New in Employment Law-Plaintiff and Defense Perspectives on Federal and Nebraska Law
VLP Pro Bono Conference
Mangrum on Evidence: Overview of the Critical Issues in the Law of Evidence
Using Interpreters in Nebraska Courtrooms
General Session: Juan Williams
Agriculture Law/Natural Resources & Environmental Law Section Seminar: Water Law
Securities Law Section Seminar: The Privately Held Company and When the Securities Laws Apply
Government Practice Section: Government Practice and the Nebraska Administrative Procedure Act


Don't be left out. Register Online.




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YOUNG LAWYERS BEST PRACTICES SEMINAR SERIES

You are invited by the Nebraska State Bar Association's Mentoring Committee and Young Lawyers Section to attend, free of charge, the Best Practices seminar series. The eight session series will focus on a wide range of substantive topics and will offer practical training for new lawyers and identify available resources to aid in your practice. The sessions will be led by experienced Nebraska attorneys who will offer insight, from a practical prospective, on how to successfully practice law. Additionally, at the conclusion of each seminar, the Nebraska State Bar Association will sponsor a free Reception for the participants to get to know each other and other members of the Nebraska Bar. Here is your opportunity to obtain high quality training at no cost and meet many fellow Bar Members.

The third session is scheduled for October 19, 2004 at the Omaha Hilton in the St. Nicholas A room. Frank X. Haverkamp will talk about the Anatomy of a Step-Parent Adoption. A reception will follow. Click here for the registration form.




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NEBRASKA SUPREME COURT APPOINTS JUDGE EVERETT O. INBODY OF WAHOO TO CHIEF JUDGE FOR COURT OF APPEALS

The Nebraska Supreme Court has appointed Judge Everett O. Inbody as Chief Judge of the Nebraska Court of Appeals beginning September 2004. Judge Inbody took office as Court of Appeals Judge representing the 5th Appellate Court Judicial District on April 28, 1995. He graduated from the University of Nebraska with a Bachelors of Science in 1967 and from the University of Nebraska College of Law in 1970. In addition to being the first Nebraska judge to earn The Diploma of Humanities and Judging through the American Academy of Judicial Education, he also earned a Diploma of Judicial Skills in 1990.

Prior to his appointment to the bench, he served as Saunders County Deputy County Attorney in addition to private practice as an attorney for 16 years in Wahoo. He was appointed County Court Judge of the 5th Judicial District in 1986 and District Court Judge of the 5th Judicial District in1991.

"I am looking forwarding to working with Judge Inbody," said Chief Justice John V. Hendry. "He is a fine administrator and an experienced judge on both the trial and appellate benches."

Judge Inbody succeeds Judge John Irwin who has served as Chief Judge since 1998.

The position of Chief Judge for the Court of Appeals has been statutorily specified as a two year term although there is no limit to the number of terms that any one judge can serve. Prior Court of Appeals chief judges include now Supreme Court Justice Miller-Lerman and the first Chief Judge, Honorable Richard Sievers.

Contact Information:
Judge Everett O. Inbody
402-443-5180
Wahoo, NE




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FORMS AND INSTRUCTIONS FOR "SIMPLE DIVORCE" AVAILABLE TO PUBLIC TODAY

The much anticipated "Simple Divorce" forms and instructions from the
Court's Pro Se are uploaded to the web. Special thanks to Keia Helmick,
Pat Dormer and Marcie Brush on this project.

Please feel free to forward this to anyone you feel could benefit from this
information. The trial courts have been notified.

Here is the direct link:

http://court.nol.org/public/self_help/SimpDiv/filing_index.htm

Here is the press release:

FOR IMMEDIATE RELEASE

Date: October 1, 2004
Contact: Janet R. Bancroft, jhammer@nsc.state.ne.us
(402)471-3205, Fax: (402)471-3071

Forms and Instructions for “Simple Divorce” Available to Public Today

Individuals who wish to complete their own "simple divorce" will find forms
and instructions available to them through the Nebraska Judicial Branch Web
site or at the offices of the clerks of the district courts throughout the
state beginning October 1.

These forms and instructions will allow individuals who choose to represent
themselves to do so using standardized forms and instructions which were
prepared by the Nebraska Supreme Court Committee on Pro Se Litigation, and
approved for distribution by the Nebraska Supreme Court. The forms are
designed for a "simple divorce"--those involving no children and no
property of consequence, which is the type of divorce in Nebraska where one
or both individuals are most often self-represented.

The dissemination of such forms and instructions represents the culmination
of several years of intensive work and study of the challenges posed to the
court system by the increasing frequency of self-representation according
to the Honorable Richard D. Sievers, Chairperson of the Nebraska Supreme
Court Committee on Pro Se Litigation. Sievers said: "Litigants who
represent themselves (pro se) are typically motivated by economic
circumstances which prevent them from obtaining counsel, rather than by a
burning desire to play lawyer. The resources of the existing legal service
providers for the poor and near poor are inadequate to service the legal
needs of such people, which contributes to much self-representation,
particularly in the area of family law."

According to Sievers, the availability of the forms and instructions
provides a substantial step forward in providing access to the courts for
all Nebraskans.

To view the instructions and forms go to the web site of the Nebraska
Judicial Branch at www.nebraskacourt.com and look under the “Self Help”
section.
For background information:

Hon Richard D Sievers Hon. Teresa Luther
Court of Appeals, Lincoln District Court Judge, Grand
Island
Nebraska Supreme Court Committee Nebraska Supreme Court Committee
on Pro Se Litigation Chairman on Pro Se Litigation Vice Chair
402-471-3732 308-385-5666

Link to:
REPORT OF NEBRASKA SUPREME COURT COMMITTEE ON PRO SE LITIGATION 11/22/02
http://court.nol.org/community/pro_se_report.pdf




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NEBRASKA HISPANIC BAR ASSOCIATION

Hispanic attorneys have joined forces to create the Nebraska Hispanic Bar Association in order to address the needs of the Hispanic communities across the State of Nebraska. In her volunteer work with the Hispanic community, Shirl Mora James saw a pressing need for legal assistance amongst Nebraska’s Latina/o population. The Hispanic voice was not being heard in regard to issues that adversely affect our population. Ms. Mora James gathered support from friends and the legal community. Attorneys Sandra Hernandez Frantz of Lincoln, Clarissa Suarez-Russell of Omaha, and Tania Diaz of Sterling met with Ms. Mora James to discuss the growing legal issues faced by Hispanics in Nebraska and possible solutions. After numerous formative discussions the foundation was laid for the Nebraska Hispanic Bar Association.

The purpose of the organization is:

Advance and develop Hispanics in the legal profession;
Promote equal justice and opportunity for all Hispanics;
Educate the Hispanic community about relevant legal issues;
Promote the professional development of Hispanic lawyers and law students in Nebraska;
Encourage Hispanics to enter the legal profession; and
Promote the appointment of Hispanics to leadership positions in federal, state and local governments, the judiciary and in other leadership positions.

If you are interested in joining, please feel free to contact the
Nebraska Hispanic Bar Association at NEHispanicBar@aol.com






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CLE UPDATES

NCLE SECTION CALENDAR

Click here for a calendar of CLE programs to be offered in upcoming months.

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CLE ACCREDITATION FOR ANNUAL MEETING

The NSBA CLE Programs and several of the Tech programs at the upcoming NSBA Annual Meeting in Omaha have been accredited in Colorado and Iowa. Please refer to the attached information for details. As you are no doubt already aware, the procedures by which different states award CLE credit vary from state to state. The amounts and types of credit awarded for a given program also vary. You should refer to each states rules governing CLE (usually available on a website) for each state in which you are seeking CLE credit. If you need assistance seeking CLE credit in any state, please contact Kathryn Bellman kbellman@nebar.com for assistance.
Iowa Accrediation
Colorado Accrediation
I

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TAKE A KILLER ADVERSE DEPOSITION!

Robert Musante returns to Nebraska with a new program. This seminar comprises a full-day CLE seminar that presents a complete and brilliant analysis of the arsenal of attacks against any adverse expert...no matter their field, no matter the case. The seminar is Wednesday, October 20th in the St. Nicholas B room of the Omaha Hilton hotel...(flyer)

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MEDIATION TRAINING
Due to unexpected cancellations, NCLE has several openings for Mediation Training November 8-11, 2004. Please contact Kathryn Bellman at 1-800-927-0117 or kbellman@nebar.com for information...(flyer)

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RESOURCES

PRACTICE TIP: SELF EVALUATION

At least once a year it's a good idea to block off sufficient time to evaluate our systems, equipment, work performance (of attorneys and staff), our client relations, office morale and our physical facilities and furnishings. Here are some other quick and easy self audit questions you can ask at any time without advance planning or calendaring:
1. If attitudes are contagious, is mine worth catching? If not, what can you do to change your attitude?
2. If I had to exchange places with my staff, would I like working for someone like me? If not, how can you improve your supervisory skills (e.g. a dose of thoughtfulness, by giving clearer instructions, by organizing and prioritizing your time better, etc.)
3. Do all of your staff members practice professional and courteous phone etiquette? If not, are you proud of the impression about the firm they are giving to clients and others?
4. Are you doing your part to hone your technology skills in order to fully benefit from the power of your firm's software programs? If not, could you take at least one hour a week to focus on improving your skills and learning more about the software packages used in your practice?
5. Have you asked for your clients input regarding their satisfaction with services and treatment received so far? If not and you have some disgruntled troops out there, are you ready to explain the situation to the State Bar when a grievance is filed against you?

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PRACTICE TIP: NOTIFICATION

An attorney/law firm would never move its office without providing notice to clients, vendors, courts, and the community-at-large. In addition, the firm would ensure a forwarding notice was in effect with the postal service for at least six months, usually for a full year.

Why is it that when an attorney/law firm changes something as important as its email address, it often provides no notification at all?

If you change email addresses, take the time to send an email notice to all those in your address book. You can preserve confidentiality of your mailing list by using the "BCC" address line of the email. No one will see the address of anyone else you've addressed the email to. You should also keep the old service up and running for at least several months to know who to send second and third reminders to. Include a notice with firm newsletter mailings, billings, and in small print on the bottom of a letter if your letterhead includes your email address.

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