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

E-COUNSEL -- Friday, April 15, 2005

Articles

HOW TO GET BITTEN BY THE HAND THAT FEEDS YOU

Few things thrill us lawyers more than accomplishing a piercing cross-examination or a bulletproof legal motion. Such savvy maneuvers form the substance of much-deserved retelling and occasional chest thumping. Alas, these are not the things that our clients can truly appreciate. Few clients are in a position to evaluate the substance of the legal work we do for him or her; in fact, they tend to take for granted that we are competent and skilled at the legal issues at hand or they would not be in our office to begin with.....(more)

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BENCH PRESSED

U.S. Supreme Court Justice Ruth Bader Ginsburg had a confession to make recently: She does not read all the amicus curiae briefs filed in connection with cases before the Court........(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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GOV. HEINEMAN APPOINTS DISTRICT COURT JUDGE FOR SECOND JUDICIAL DISTRICT

   (Lincoln, Neb.) Gov. Dave Heineman announced on April 4th the appointment of David K. Arterburn of Papillion as a District Court judge in the Second Judicial District, which includes Sarpy, Cass and Otoe counties.

“I am pleased to appoint a person with such extensive experience in private and public service,” Gov. Heineman said. “David is respected in his field, and while we’re sad to see him leave the Attorney General’s Office, we know he will serve the court with character.”

Since 1992, he has prosecuted felonies as an Assistant Attorney General in the Criminal Prosecution Division. He has appeared in the courts of approximately 40 Nebraska counties, in addition to the Nebraska Supreme Court and the Nebraska Court of Appeals.

He also has worked with the U.S. Attorney’s Office, having operated as a Special Assistant U.S. Attorney to prosecute select drug-related crimes in federal court. He has served on a Governor’s committee to address methamphetamine abuse issues since September 2002.

He began the decade as an advisor for the U.S. Department of Health and Human Services in Omaha. From 1986 to 1991, he worked in private practice as a partner at Freeman and Arterburn in McCook and served as Chief Deputy Red Willow County Attorney.

Arterburn, 47, a speech communications graduate of the University of Nebraska-Lincoln, earned his law degree from UNL’s College of Law in 1985.

Away from law, he serves as Secretary of the Board of Trustees of the Cornhusker Christian Children’s Foundation and as a performance judge for high school mock trial competitions.

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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 sixth session of 2005 is scheduled for April 20, 2005 at the UNL law school. Pat Timmer, Jan Beran and John Milliganwill discuss the topics of Trust & Estates and Landlord/Tenant Issues. 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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EFFECTIVE APRIL 21, 2005, THE JUDGMENT INTEREST RATE WILL BE 5.125%

The judgment interest rate is now 5.125%.

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JUDICIAL RESOURCES COMMISSION TO MEET VIA PHONE ON APRIL 19, 2005

The Judicial Resources Commission will hold a public hearing via a telephone conference call pursuant to Neb. Rev. Stat. § 24-1204 to determine whether, based on the judicial workload statistics, a judicial vacancy exists in the office of district judge of the 6th Judicial District, due to the resignation of the Honorable Maurice S. Redmond, effective April 1, 2005, and make a recommendation to the Supreme Court as to the principal place of office of said vacancy.

The hearing is scheduled for Tuesday, April 19, 2005, at 10:30 a.m. central time. The hearing will be held via telephone conferencing from the Nebraska State Capitol, Room 1525.

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 in Room 1525 of the State Capitol, Lincoln, Nebraska, 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.

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SUPREME COURT RULE CHANGE

Oral Arguments before the Supreme Court and Court of Appeals

March 16, 2005 — amendments to rule number (Nebraska Ct. R. of Prac. 11):
Regarding scheduling, argument, and submission in specified juvenile and
criminal cases.

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 90days)”

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THE NEW SERVICEMEMBERS CIVIL RELIEF ACT

THE NEW SERVICEMEMBERS CIVIL RELIEF ACT by Mark E. Sullivan

[Mr. Sullivan is a retired Army Reserve JAG colonel who practices with Sullivan & Grace, P.A. in Raleigh, NC. He is a board-certified specialist in family law and past president of the North Carolina Chapter of the American Academy of Matrimonial Lawyers. He is currently chair of the Military Committee of the ABA Section of Family Law.

On December 19, 2003, President Bush signed into law the “Servicemembers Civil Relief Act” (SCRA), a complete revision of the statute known as “The Soldiers' and Sailors' Civil Relief Act,” or SSCRA. Even for lawyers with no military base nearby, this federal statute is important. There are over 160,000 National Guard and Reserve personnel at present who have been called up to active duty, and over 40% of the armed forces serving in Iraq are Reserve/Guard servicemembers....(more)

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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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WHAT YOU SHOULD KNOW ABOUT NCLE

Here are the answers to a few of the frequently asked questions about NCLE...(more)

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EMPLOYMENT LAW AND FAMILY LAW UPDATE SEMINARS

Click here to sign up for the Emplyment Law and Family Law update seminars...(more)

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RESOURCES

RISK MANAGEMENT TIP: DOCKET AND CASE MANAGEMENT ISSUES

Using a docket and case management system is essential for maintaining control of your practice. Timely and accurate communication with your client is a part of case management as well. Consider implementing these procedures.

• Computerized docket system with a minimum of one paper back up system and off site storage of backup information.
• Calendars cross-checked by more than one individual.
• Formal procedure for opening, logging and distributing all received mail, including stamping date received.
• Training for staff on the proper use and management of all office procedures.
• Making arrangement for a back up attorney if you are suddenly unable to practice. Often a county or local bar association can assist with this process.
• Return all client phone calls promptly, within 24 hours if possible. Ask staff to return a call and explain the delay if you cannot personally respond.
• Send regular communications on the status of the client’s matter, even if there is nothing new to report.
• Send copies to your client of all work being done on their behalf.
• Document all discussion with the client and follow up in writing to the client.
• Don’t continue hearings or trials without the client’s consent.
• Review files periodically even if no action is immediately required.
• Use file-closing letters at the end of a representation to confirm that the representation has ended or is finalized.
• Consider using an end-of-case thank you letter and request they complete an evaluation questionnaire.

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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