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


NSBA Web Site

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

E-COUNSEL -- Monday, January 31, 2005

Articles

COLLABORATING WITH CLIENTS: MEET YOUR CLIENTS VIRTUALLY ANYWHERE AT A REASONABLE COST

Online meetings and long-distance collaboration are no longer the exclusive province of big-firm lawyers doing big deals or handling big cases. Many solos are finding situations in which they have discussions with attorneys, clients, and experts in other states and even other countries. Even in local cases, conference calls and other technological alternatives may prove more convenient, efficient, and inexpensive than bringing people into a conference room, whether at your office or elsewhere .....(more)

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JURY INSTRUCTIONS: A ROAD MAP FOR TRIAL COUNSEL

Careful trial lawyers prepare instructions at the beginning of the case as a “living” document, revising and supplementing them as the case moves toward trial. These instructions can help you win at trial and preserve error for appeal......(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 at the Hilton Omaha Downtown. The Barristers' Ball is a black-tie optional celebration in the cause of improving access to justice in Nebraska. Over 400 leaders from the fields of law, business, government, and community development from across the state will be attending. The ball includes a reception, gourmet dinner, silent and live auctions and a dance. Through corporate sponsorship and generous patrons, the ball is expected to raise substantial dollars that fund the NSBA's Pro Bono legal services program, the Volunteer Lawyers Project. To be a law firm sponsor or to buy a table, click here. To buy tickets online, go to http://www.nebar.com/store/category.asp?category=81

THANK YOU TO THE SPONSORS OF THE BARRISTERS BALL!!

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

THANK YOU TO THE SPONSORS OF THE SECOND ANNUAL RACE JUDICATA!!

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

THANK YOU TO THE SPONSORS OF THE SECOND ANNUAL GREATER NEBRASKA GOLF TOURNAMENT!!


The ninth annual NSBA golf tournament will be August 26, 2005 at the Platteview Country Club!

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THE NSBA HAS OFFICE FURNITURE FOR SALE

Board room table - $250
Board room chairs - $50/each or $40/each if you buy all 14 chairs
Side chairs - $50/each or $30/each if you buy all 5 chairs
Reception desk with (2) 3-drawer lateral filing cabinet - $250

To purchase, please contact Mark Gooden at 1-800-927-0117 or at mgooden@nebar.com

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ADD NSBA EVENTS DIRECTLY TO YOUR OUTLOOK CALENDAR

Simply click on the meeting you wish to download from the NSBA calendar and when prompted click the "Open" button. An Outlook appointment screen should then appear. Click the "Save & Close" button to save to your calendar.

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HOUSE MEETINGS

CLICK HERE FOR THE NSBA CALENDAR

Future meetings of the House of Delegates will be held on Friday, April 22, 2005 at University of Nebraska-Kearney and on Thursday, November 10, 2005 at the Cornhusker Hotel in Lincoln, during the 2005 Annual Meeting.

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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 first session of 2005 is scheduled for February 9, 2005 at the Hall of Justice, Courtroom #32. Chief Justice Hendry, Judge Kopf, Judge Flowers, Judge Hoffert and Judge Lovell will discuss what lawyers should and should not be doing in their courtrooms. A reception will follow. Click here for the registration form.

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JUDICIAL VACANCY EXISTS IN THE OFFICE OF COUNTY JUDGE OF THE 2ND JUDICIAL DISTRICT

January 10, 2005

FOR IMMEDIATE RELEASE

The Judicial Resources Commission will hold a public hearing pursuant to Neb. Rev. Stat. § 24-1204 to determine the following:
(1) Whether, based on the judicial workload statistics, a judicial vacancy exists in the office of county judge of the 2nd Judicial District, due to the retirement of the Honorable Larry F. Fugit, effective April 1, 2005, and make a recommendation to the Supreme Court as to the principal place of office of said vacancy.
(2) Whether, based on the judicial workload statistics, a judicial vacancy exists in the office of county judge of the 5th Judicial District, due to the retirement of the Honorable Gary F. Hatfield, effective March 31, 2005, and make a recommendation to the Supreme Court as to the principal place of office of said vacancy.
The hearing is scheduled for Monday, February 14, 2005, at 10:00 a.m., central time. The hearing will be held in the Lincoln Executive Building, Suite 103, 521 South 14th St., Lincoln, Nebraska, and will include participation from the Panhandle Education Center, High Plains room, 4502 Ave. I, in Scottsbluff, Nebraska, and from the State Office Building, Rm. 207, 2nd Floor, 1313 Farnam Street, in Omaha, Nebraska.

The Commission makes its determination based on weighted caseloads, adequate access to the courts by litigants, population, judicial duties, travel time and other factors necessary to assure efficiency and service of the court system.
Following the hearing, the commission will make a recommendation to the Legislature of their determination.
Commission members are:

Supreme Court Justice Michael McCormack, Chairperson
Alan L. Brodbeck, O'Neill
Robert P. Chaloupka, Scottsbluff
Thomas B. Dawson, Lincoln
Riko E. Bishop, Lincoln
Thomas F. Hoarty, Omaha
Ronald Furse, Aurora
Jolanda J. Kuzma, Lincoln
Nicole R. Neesen, Omaha
Jane Morgan, Gordon
Mark M. Sipple, Columbus
Gerald E. Moran, Omaha
Robert J. Parker, Hastings
Margie A. Smith, Bellevue
Patricia McQuillan, Greeley
Sharlon Rodgers, Omaha
D. Paul Hartnett, Bellevue

Any member of the public is entitled to attend the Nebraska Judicial Resources Commission hearing and present, either orally or in writing, any pertinent information concerning the existence of a judicial vacancy. If anyone wishes to present written material at the hearing, a copy of such material should be furnished to the Chairperson at least one week prior to the hearing.

For special accommodations relating to the Americans with Disabilities Act, please call (402) 471-3730.

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RULES OF PRACTICE AND PROCEDURE

January, 2005 – amendments to the Rules of Practice and Procedure Neb. Ct.
R. of Prac. 5(b)(3)(d): Amended to clarify the existing rule that bills
of exceptions cannot be altered in any way.

Janet Bancroft
jhammer@nsc.state.ne.us
Nebraska Supreme Court Public Information Officer The Executive Building, 521 South 14th Street, Suite 200 Lincoln, NE 68509
P: 402-471-3205 F:402-471-3071
web: www.nebraskacourt.com

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APPLICATION DEADLINE SET FOR COUNTY COURT JUDGE VACANCY, 4TH JUDICIAL DISTRICT

LINCOLN -- According to Supreme Court Justice Kenneth C. Stephan, the Judicial Nominating Commission for County Judge in the 4th Judicial District (consisting of Douglas County) will hold a public hearing in the Hall of Justice, 1701 Farnam Street, Courtroom # 5, Fifth Floor, in Omaha, Nebraska, beginning at 10:00 a.m. on Friday, March 11, 2005. At the hearing, the Commission will receive information on the qualifications of candidates to fill the vacancy in the office of County Judge due to the retirement of Judge Samuel V. Cooper, effective February 1, 2005.

The public is welcome to attend the hearing and present information concerning candidates for the judicial opening. Individuals interested in applying for the position must do so on an approved form available through the Chairperson of the Commission or the Office of the State Court Administrator, P.O. Box 98910, Lincoln, NE 68509. The application form may also be printed from the Nebraska Judicial Branch Web site at www.nebraskacourt.com/manual/application.htm. Completed applications must be returned no later than 5:00 p.m., Friday, February 18, 2005, to the Chairperson, Justice Stephan, at the above-stated address or delivered to the office of the Clerk of the Supreme Court, Room 2413, State Capitol.

A listing of the members of the Judicial Nominating Commission can be found on the Nebraska Judicial Branch Web site at www.nebraskacourt.com/jnc/rostercc4.htm.

For special accommodations relating to the Americans with Disabilities Act, please call (402) 471-3730. For persons with hearing impairments, please call the Nebraska Relay System, 7-1-1. AA/EOE.

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APPLICATION DEADLINE SET FOR DISTRICT COURT JUDGE VACANCY, 4TH JUDICIAL DISTRICT

January 20, 2005

FOR IMMEDIATE RELEASE

February 18, 2005, Application Deadline Set for District Court Judge
Vacancy, 4th Judicial District

LINCOLN -- According to Supreme Court Justice Kenneth C. Stephan, the Judicial Nominating Commission for District Judge in the 4th Judicial District (consisting of Douglas County) will hold a public hearing in the Hall of Justice, 1701 Farnam Street, Courtroom # 5, Fifth Floor, in Omaha Nebraska, beginning at 10:00 a.m. on Monday, March 14, 2005. At the hearing, the Commission will receive information on the qualifications of candidates to fill the vacancy in the office of District Judge due to the retirement of Judge Robert V. Burkhard.

The public is welcome to attend the hearing and present information concerning candidates for the judicial opening. Individuals interested in applying for the position must do so on an approved form available through the Chairperson of the Commission or the Office of the State Court Administrator, P.O. Box 98910, Lincoln, NE 68509. The application form may also be printed from the Nebraska Judicial Branch Web site at www.nebraskacourt.com/manual/application.htm. Completed applications must be returned no later than 5:00 p.m., Friday, February 18, 2005, to the Chairperson, Justice Stephan, at the above-stated address or delivered to the office of the Clerk of the Supreme Court, Room 2413, State Capitol.

A listing of the members of the Judicial Nominating Commission can be found on the Nebraska Judicial Branch Web site at www.nebraskacourt.com/jnc/rosterdc4.htm.

For special accommodations relating to the Americans with Disabilities Act, please call (402) 471-3730. For persons with hearing impairments, please call the Nebraska Relay System, 7-1-1. AA/EOE.

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APPLICATION DEADLINE SET FOR DISTRICT COURT JUDGE VACANCY, 2ND JUDICIAL DISTRICT

January 20, 2005

FOR IMMEDIATE RELEASE

February 18, 2005, Application Deadline Set for District Court Judge
Vacancy, 2nd Judicial District

LINCOLN -- According to Supreme Court Justice William M. Connolly, the Judicial Nominating Commission for District Judge in the 2nd Judicial District (consisting of Cass, Sarpy and Otoe Counties) will hold a public hearing in Courtroom # 3 at the Sarpy County Courthouse, 1210 Golden Gate Drive, in Papillion, Nebraska, beginning at 10:00 a.m. on Monday, March 14, 2005. The principal place of office for the judicial vacancy is Papillion. At the hearing, the Commission will receive information on the qualifications of candidates to fill the vacancy in the office of District Judge due to the retirement of Judge Ronald E. Reagan, effective February 1, 2005.

The public is welcome to attend the hearing and present information concerning candidates for the judicial opening. Individuals interested in applying for the position must do so on an approved form available through the Chairperson of the Commission or the Office of the State Court Administrator, P.O. Box 98910, Lincoln, NE 68509. The application form may also be printed from the Nebraska Judicial Branch Web site at www.nebraskacourt.com/manual/application.htm. Completed applications must be returned no later than 5:00 p.m., Friday, February 18, 2005, to the Chairperson, Justice Connolly, at the above-stated address or delivered to the office of the Clerk of the Supreme Court, Room 2413, State Capitol.

A listing of the members of the Judicial Nominating Commission can be found on the Nebraska Judicial Branch Web site at www.nebraskacourt.com/jnc/rostercc&dc2.htm.

For special accommodations relating to the Americans with Disabilities Act, please call (402) 471-3730. For persons with hearing impairments, please call the Nebraska Relay System, 7-1-1. AA/EOE.

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ABA TECHNOLOGY SHOW

Attend the ABA TECHSHOW March 31 – April 2, 2005 at the Sheraton Chicago Hotel and Towers, and get up-to-speed on the latest and greatest in legal technology! ABA TECHSHOW is the world’s premier legal technology conference and expo. Produced by the ABA Law Practice Management Section (www.lawpractice.org), ABA TECHSHOW offers more than 50 education sessions in twelve exciting tracks and a two-day expo featuring the latest cutting-edge technology. To register, visit http://www.abanet.org/techshow/register. Complete information including sessions, speakers, and vendors can be found at www.techshow.com.

Big Savings! Sign up by February 18, 2004 and receive a $100 discount off the $795 registration fee. Sign up through the Nebraska State Bar Association using the following program promoter code PP07and receive an additional $100!

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LEGAL DIVERSITY SUMMIT

Nebraska’s first Legal Diversity Summit has been scheduled for April 11, 2005 from 1:00 to 6:00 p.m. at Embassy Suites (555 S. 10th Street) in Omaha. This important event will include:

Keynote Speaker: Dennis Archer, the first African American President of the American Bar Association, former Michigan Supreme Court Justice, former mayor of Detroit, and named one of the United States’ Most Powerful Attorneys by the National Law Journal.
Sessions on how to improve your efforts to recruit and retain attorneys of color.
Networking Reception with minority law students from Nebraska, Iowa, Kansas, Missouri and South Dakota.
Introduction of Nebraska’s new Legal Diversity Website, a new venue for Nebraska’s legal employers to specifically recruit attorneys of color.

This conference is a joint effort of the Nebraska State Bar Association, the Midlands Bar Association, the Nebraska Hispanic Bar Association, the Nebraska Supreme Court, the Minority and Justice Implementation Committee, Creighton University School of Law and the University of Nebraska College of Law. The goal of this event is to bring legal employers together to focus on increasing the racial and ethnic diversity of our profession. We hope that you will come away from this conference with some new ways of understanding the value of a diverse workforce, strategies for recruiting and retaining attorneys of color, and a renewed commitment to work together toward a more diverse legal community in Nebraska. For more information or to register for the event, contact Liz Neeley, PhD at the Nebraska State Bar Association at (402) 475-7091 or lneeley@nebar.com.

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NOTICE OF COMMENT PERIOD: PROPOSED RULES OF PROFESSIONAL CONDUCT

On February 17, 2004 the Nebraska State Bar Association filed a “petition to Adopt Rules of Professional Conduct Governing Attorneys,” case No. S-36-040001, in which the NSBA requested that the Nebraska Supreme Court adopt the proposed Nebraska Rules of Professional Conduct and repeal Nebraska’s Code of Professional Responsibility. On April 2, 2004 the proposed rules were published for comment by the Supreme Court for a period which ran until July 16, 2004. Thereafter, the Court considered the proposed rules as submitted by the NSBA and all comments received.

The Supreme Court has completed its review and has, with the exceptions noted below, made no revisions to the rules as they were proposed by the NSBA Ethics Committee in its petition. Any revisions made by the Court to the Committee’s proposed rules are indicated in the revised proposed rules by highlighting, underscoring, or strikeouts. Besides minor editing changes made by the Court, the following is a list of those rules in which the most significant revisions were made by the Court:

Rule 1.1(b); Rule 1.5(b); Rule 1.6(b)(1); Rule 1.6(c); Rule 1.6 at Comment [6];
Rule 1.9 (d), (e) and (f); Rule 1.15 (a); Rule 1.17(b) and Comment [8];
Rule 3.3(a)(3) and Comments [10] and [11]; and Rule 6.1 at Comment [5].

The Nebraska Supreme Court invites interested persons to comment on the revised proposed Nebraska Rules of Professional Conduct. Anyone desiring to comment on the revised proposed rules should do so in writing to the office of the Clerk of the Supreme Court and Court of Appeals, P.O. Box 98910, Lincoln, NE 68509-8910, or via e-mail to lasmussen@nsc.state.ne.us, no later than March 14, 2005.

The full text of the revised proposed Nebraska Rules of Professional Conduct is available at the Nebraska Supreme Court’s Web site address, http://court.nol.org/rules/, or a hard copy of the revised proposed rules may be obtained from the NSBA by sending a request by mail to the Nebraska State Bar Association, Jane Schoenike, P.O. Box 81809, Lincoln, NE 68501-1809, or via e-mail to jschoenike@nebar.com.

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CLE UPDATES

NCLE SECTION CALENDAR

Click here for a calendar of 2005 CLE programs to be offered in upcoming months.

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2005 ESTATE PLANNING AND PROBATE SEMINAR

The 2005 Estate Planning and Probate Seminar is scheduled for March 11, 2005 at the Cornhusker Hotel in Lincoln. Click here to view the brochure.

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MEDIATION SEMINAR

There are a few spots still available for February basic mediation training in Omaha February 8-11. Contact Kathryn Bellman at 800-927-0117 for more information. Click here to view the brochure.

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CIVIL PRACTICE AND PROCEDURE SEMINAR

Plan on attending the February 18 civil practice & procedure seminar in Omaha. Special low price of $130. Practical information you can use and a bargain to boot! Click here to view the brochure.

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2005 ESTATE PLANNING INSTITUTE AT THE VAIL CASCADE RESORT

Mark your calendars for the 2005 estate planning institute at the Vail Cascade Resort June 30-July 2, 2005. More information to come soon. Click here to view the brochure.

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CONSTRUCTION LAW SEMINAR

Mark your calendars for the March 18th Construction Law seminar at Southeast Community College. More information to come soon. Click here to view the brochure.

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RESOURCES

PRACTICE TIP: TAX DEDUCTIONS

Know how your fees and/or costs can be tax deductible to your clients. If tax deductions are possible, share this information with your clients. Encourage them to have their accountant or tax preparer call you to get information that might maximize their deduction(s). Your clients will appreciate this extra effort--especially if you explain it at no charge!

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PRACTICE TIP: HELP THEM REACH FOR THE STARS

Try to creat opportunities for your clients. If you become aware of a development in the law or in business that may be of interest to a client, let them know about it and, if possible, introduce them to the key players.

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