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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 -- Friday, April 1, 2005

Articles

SENATE PASSES NEW BANKRUPTCY LEGISLATION

The biggest rewrite of bankruptcy laws in 27 years is about to turn the path to a debt-free second start, undertaken by more than 1 million Americans each year, into a road less traveled. .....(more)

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WANT HAPPY EMPLOYEES? LET THEM DESIGN THEIR WORKSPACE

A novel idea is gaining traction among employers who want happy workers: Let them design the workplaces where they toil for eight, 10, 12 hours a day........(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!

THANK YOU TO THE SPONSORS OF THE NINTH ANNUAL NSBA GOLF TOURNAMENT!!

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JOIN THE UNL STUDENT BAR ASSOCIATION AT THEIR ANNUAL GOLF SCRAMBLE

    The UNL Student Bar Association is holding their annual golf scramble at Crooked Creek Golf Club in Lincoln on April 2, 2005 starting at 1:00 p.m. To register please click here.

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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 fifth session of 2005 is scheduled for April 6, 2005 at the UNL law school. John Frey & Dick Garden will discuss the topics of Elderlaw and Bankruptcy. A reception will follow. Click here for the registration form.

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SECOND REVISED VERSION OF THE PROPOSED NEBRASKA RULES OF PROFESSIONAL CONDUCT

The Nebraska State Bar Association (NSBA) filed a “Petition to Adopt Rules of Professional Conduct Governing Attorneys,” requesting that the Nebraska Supreme Court adopt the proposed Nebraska Rules of Professional Conduct and repeal Nebraska’s Code of Professional Responsibility. The second set of revisions is posted on the website for comment.

Link to the Rules page of the website: http://court.nol.org/rules/

Look under the proposed rules for comment.

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FIFTEEN SUBMIT THEIR NAMES FOR COUNTY JUDGE IN THE 2ND JUDICIAL DISTRICT

http://court.nol.org/press/releases/fugit2.htm

March 22, 2005

LINCOLN -- Ann C. Addison-Wageman, Omaha; David K. Arterburn, Papillion; David V. Chebatoris, Plattsmouth; Charles E. Dorwart, Bellevue; Steven A. Gabrial, Papillion; John E. Higgins, Plattsmouth;
Max J. Kelch, Nebraska City; Mark A. Klinker, Papillion; Christopher J. Lathrop, Papillion; Brian J. Muench, Papillion; Timothy W. Nelsen, Talmage; Michael W. Pirtle, Omaha; Jerry J. Sena, Omaha; Michael A. Smith, Springfield; and William C. Warnes, Bellevue, have submitted applications for appointment as County Judge in the 2nd Judicial District consisting of Cass, Sarpy and Otoe counties. The vacancy is due to the retirement of Judge Larry F. Fugit, effective April 1, 2005.

The public hearing of the Judicial Nominating Commission will be held in District Courtroom # 3 at the Sarpy County Courthouse located at 1210 Golden Gate Drive in Papillion, Nebraska, beginning at 10:00 a.m. on Monday, April 11, 2005. The Commission will review all applicants for the office at that time. The public is welcome to attend the hearing and present information concerning candidates for the judicial opening.

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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2004 ANNUAL CASELOAD REPORTS FOR ALL NEBRASKA COURTS

2004 Annual Caseload Reports for All Nebraska Courts are now on the
web:

http://court.nol.org/community/04caseload.htm

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FOURTEEN SUBMIT THEIR NAMES FOR COUNTY JUDGE IN THE 5TH JUDICIAL DISTRICT

http://court.nol.org/press/releases/hatfield2.htm

March 24, 2005

LINCOLN -- Andrea E. Belgau, Columbus; Dorothy D. Benton, Phillips; Linda S. Caster Senff, Hampton; Steven M. Curry, Central City; Thomas J. Klein, Wahoo; Wesley D. Nespor, Fullerton; C. Jo Petersen, Beaver Crossing; Michael H. Powell, Aurora; Kent E. Rauert, York; Julie L. Reiter, Bellwood; James C. Stecker, Columbus; Vincent Valentino, York; Lynnett M. Wagner, Grand Island; and Nancy L. Waldron, Exeter, have submitted applications for appointment as County Judge in the 5th Judicial District, which consists of Boone, Butler, Colfax, Hamilton, Merrick, Nance, Platte, Polk, Saunders, Seward, and York Counties. The vacancy is due to the retirement of Judge Gary F. Hatfield, effective March 31, 2005.

The public hearing of the Judicial Nominating Commission will be held in the District Court Courtroom at the Seward County Courthouse in Seward, Nebraska, beginning at 10:00 a.m. on Wednesday, April 13, 2005. The principal place of office for the judicial vacancy will be either Hamilton or Merrick County. The Commission will review all applicants for the office at that time. The public is welcome to attend the hearing and present information concerning candidates for the judicial opening.

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&dc5.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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LEGISLATIVE SUMMARY

The 2005 Session is now just over half way completed. Legislative hearings are finished, and most floor action will consider prioritized bills and the biennium budget. Now is a good time to review the bills which we are following for you. Click here for the current status of the bills. If you have any questions or comments, please let us know.

Ruth Mueller Robak LLC
530 South 13th Street, Suite 110
Lincoln, Nebraska 68508
Telephone: 402.434.3399
Fax: 402.434.3390
Website: www.ruthmueller.com

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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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THE DISTRICT COURT OF NEBRASKA, FOURTH JUDICIAL DISTRICT NOTICE TO ATTORNEYS COURT RULE AMENDMENTS

The Douglas County District Court is considering a proposed amendment to Rule 4-2 of the rules of the District Court. Click here to view the amendment.

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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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INSURANCE LAW SEMINAR

The Insurance Law seminar is scheduled for April 22nd at the Embassy Suites hotel in Lincoln. 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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RESOURCES

PRACTICE TIP: MARKETING TIPS

1. Print law firm business cards for each staff member, including their name and title. Provide some practice on how to give (and take) business cards; encourage them to give out the cards in appropriate circumstances.

2. Send thank you letters to judges, witnesses, and personnel from the courtroom and clerk's office.

3. Every person you meet is a potential client or potential recommender of a client.

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RISK MANAGEMENT TIP: ENGAGEMENT AGREEMENTS-ITEMS TO HAVE IN YOUR AGREEMENT

• Client and attorney identity
• Address any conflict of interest and attorney/client privilege issues
• Scope of service
• Responsibilities of attorney and client
• Communication methods (use of cell phones, encrypted e-mails, calling ahead to notify client of fax communications being sent)
• Fee arrangement including what expenses the client will pay. Retainers, when /how often are they refreshed
• Billing Format, cycle payment expectations, including interest
• Retainer Terms
• Withdrawal for non-payment
• Arbitration provisions if a dispute arises, including binding provisions.

This tip is reprinted by permission of Marsh Affinity Group Services, a Service of Seabury & Smith. It is not intended to prevent any legal malpractice action. It should be used only as a guide for implementing procedures that could lead to the avoidance of such actions.

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