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ph. (402) 475-7091
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E-Counsel is available to members of the Nebraska State Bar at no additional charge.

E-COUNSEL --Thursday, May19, 2005

Articles

LAWYERS SEEK PASS FROM PRIVACY LAW

The American Bar Association and the New York State Bar Association, along with state bars nationwide that support the two groups, are asking the U.S. Court of Appeals for the D.C. Circuit to rule once and for all that the Federal Trade Commission has no right to hold lawyers to certain privacy provisions in the 1999 Gramm-Leach-Bliley Act.
.....(more)

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MARKETING DOESN'T HAVE TO BUST A BUDGET

A marketing campaign might seem like a luxury to many small business owners who don't have budgets for consultants or publicists. But marketing can be relatively simple and inexpensive for many small companies. ........(more)

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NSBA NEWS

CHARITABLE FUNDS INC.,

CFI's Barristers' Ball

The First Annual Barristers’ Ball "Starry Starry Night "was a HUGE SUCCESS! The gala raised over $70,000 to help fund the NSBA's Pro Bono legal services program, the Volunteer Lawyers Project. Thank you to the sponsors and all who attended.

THANK YOU TO THE SPONSORS OF THE BARRISTERS BALL!!


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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GOVERNOR HEINEMAN APPOINTS KELCH TO COUNTY COURT BENCH FOR THE SECOND JUDICIAL DISTRICT

   (Lincoln, Neb.) Gov. Dave Heineman today appointed Max Kelch of Nebraska City to a vacant seat on the County Court bench in the Second Judicial District. The Second Judicial District includes Cass, Otoe and Sarpy Counties.

Kelch, who has been the Otoe County Attorney since 1987, was honored as Nebraska’s 2004 County Attorney of the Year.

“I am impressed with the work ethic, temperament and experience Mr. Kelch brings to the bench,” Gov. Heineman said. “He has an excellent reputation as a prosecutor, and I have the utmost confidence in his future as a jurist.”

Kelch graduated with an accounting degree from the University of Nebraska-Lincoln in 1979. He earned his law degree from the University of Nebraska College of Law in 1981, beginning his career in the office he would eventually lead.

“I had the opportunity to meet with Governor Heineman before this process even began, and his leadership and ideas were outstanding,” Kelch said. “I am honored and humbled that he has selected me for the County Court bench.”

Kelch, 47, has previously worked as a special prosecutor in Johnson County, in private practice, as a deputy Nebraska City Attorney, as a Deputy Syracuse City Attorney, a deputy Nemaha County Attorney and a deputy Otoe county Attorney.

He plans to move to Papillion with his wife and family.

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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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EIGHT SUBMIT THEIR NAMES FOR DISTRICT JUDGE IN THE 6TH JUDICIAL DISTRICT

LINCOLN -- William L. Binkard, Ponca; Thomas A. Fitch, South Sioux City;


Carll J. Kretsinger, Papillion; Leland K. Miner, Wakefield; Randall V. Petersen, Lincoln;
Donald D. Schneider, Ames; Dean F. Skokan, Hooper; and Patrick H. Tott, Sioux City, Iowa,
have submitted applications for appointment as District Judge in the 6th Judicial District
consisting of Burt, Cedar, Dakota, Dixon, Dodge, Thurston, and Washington counties. The
vacancy is due to the resignation of Judge Maurice S. Redmond effective April 1, 2005.

The public hearing of the Judicial Nominating Commission will be held in the Commissioner’s
Room in the basement of the Dakota County Courthouse, 1601 Broadway Street, Dakota City,
beginning at 10:00 a.m. on Thursday, May 26, 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&dc6.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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JOURNALISTS GUIDE TO FEDERAL COURTS

The link below is to the Federal Court's Journalists Guide to the Federal Courts, which was written by Richard Carelli with help from a few others. Mr. Carelli worked for the AP for 31 years before joining the Office of Public Affairs of the Administrative Office of the U.S. Courts in 2000.

According to Assistant Director for Public Affairs in D.C., David Sellers, the Federal Courts has posted the information on their web site and hope that journalism schools and others will link to it.

http://www.uscourts.gov/journalistguide/welcome.html

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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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WALKER APPOINTED STATE COURT ADMINISTRATOR FOR NEBRASKA SUPREME COURT

Chief Justice John V. Hendry announces the appointment of Janice Walker as State Court Administrator, effective May 13, 2005. Under the direction of the Chief Justice, Ms. Walker will oversee the administrative operations of the statewide court system.

"As a result of Ms. Walker's distinguished 28-year career working with our courts, I have every confidence in both her knowledge of the Nebraska court system and her leadership abilities,” said Chief Justice Hendry. “Over the past 28 years Ms. Walker has consistently demonstrated her commitment to providing quality court services to the citizens of Nebraska."

Ms. Walker has worked in the Nebraska courts since 1977, when she was appointed Associate Judge for the Red Willow County Court in McCook. She later served as Chief Associate Judge for the 14th Judicial District and in
1984 began working with the Administrative Office of the Courts in Lincoln.

“It has been an honor to work in the judicial branch of government,” said Ms. Walker, “and I am eager to help meet the challenges our courts face in the 21st century.”

Ms. Walker received a Bachelor’s Degree from University of Nebraska-Kearney, with a major in criminal justice. She received a Masters Degree in Public Administration from the University of Nebraska-Omaha, and is a Fellow of the Institute for Court Management.

Ms. Walker has served as president of the YWCA of Lincoln Board of Directors and president of St. Monica’s Board of Trustees. She has been a member of the YWCA Housing Corporation Board of Advisors and the Advisory Board of the Nebraska Repertory Theatre.

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GOVERNOR HEINEMAN APPOINTS LINDA CASTER SENFF OF HAMPTON TO FIFTH JUDICIAL DISTRICT JUDGESHIP

(Lincoln, Neb.) Gov. Dave Heineman today announced his appointment of Linda Caster Senff as a county court judge for the Fifth Judicial District.

The district includes the counties of Boone, Butler, Colfax, Hamilton, Merrick, Nance, Saunders, Seward, Platte, Polk, and York.

“Linda has an outstanding record of public service as a city and deputy county attorney,” Gov. Heineman said. “I was very impressed by her qualifications and I know her more than 20 years of legal and trial experience will serve her and the residents of the Fifth District well in the years to come.”

Senff, 49, has been a partner with the general civil practice firm of Powell & Senff since 1997. She also serves as Deputy County Attorney for Hamilton County and the City Attorney in Aurora. She was an associate with Angle, Murphy, Valentino & Campbell, P.C. in York, and served as Deputy County Attorney in the York County Attorney’s Office in 1997. Prior to entering private practice, Senff worked as a Deputy County Attorney for Douglas County from 1988 to 1997, and Hall County from 1983 to 1988.

She is a member of the Nebraska State Bar Association, the Nebraska County Attorney’s Association and the Nebraska Women’s Bar Association, as well as the Aurora Area Chamber & Development Corporation and the American Legion Auxiliary Post #41.

Senff serves as a member of the board for the Goldenrod Girl Scout Council and is a former board member for the Hamilton Community Foundation. She also serves as a regional coordinator for Mock Trial competitions.

Senff earned her undergraduate degree in political science from the University of Nebraska–Lincoln in 1980 and her law degree from the University of Nebraska–Lincoln College of Law in 1983.

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NSBA NOMINATING PETITIONS

Notice of nomination for President-elect Designate has been mailed, along with nominating petitions for the 4th Supreme Court District Seat on the Executive Council and for all even-numbered districts in the House of Delegates. If you did not receive either the notice of nomination or the petitions, please call Jane Schoenike at 1-800-927-0017.

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CONTRACT FOR SERVICES IN THE SEPARATE JUVENILE COURT

The Lancaster County Board of Commissioners is seeking a law firm (or attorneys) interested in providing legal services for individuals in the Separate Juvenile Court of Lancaster County in matters filed under the Nebraska Juvenile Code...(more)

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AMENDMENT OF THE LOCAL RULES OF PRACTICE REGARDING ETHICAL STANDARDS

The U.S. District Court recently filed General Order 2005-10, In the Matter of the Amendment of the Local Rules of Practice Regarding Ethical Standards....(more)

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2005 PUBLIC SERVICE AWARDS

The NSBA House of Delegates Nominating Committee seeks nominations for the 2005 Public Service Awards. The deadline is June 1, 2005. To make a nomination please complete the nomination form and send to the NSBA by June 1, 2005.

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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 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.

This two day program is accredited in Iowa and Colorado.

Iowa - Total/Regular CLE Hours Approved 9.5 Of that total, 1 hour is approved for Ethics 1 Iowa Activity No. 30549

Colorado – Total/ Regular CLE Hours approved 11 of which 1.2 count for Ethics. (No activity number)

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BANKRUPTCY AND FAMILY LAW UPDATE SEMINARS

Click to sign up for the Bankruptcy and Family Law update seminars.

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RESOURCES

RISK MANAGEMENT TIP: SUITS FOR FEES

The practice of suing clients for unpaid legal fees often results in cross-complaints for legal malpractice. Statistics from the American Bar Association show that in 1997 20% of all claims made were a direct result from of cross complaints due to the attorney suing for unpaid legal fees. With this statistic in mind you can understand why it is a key underwriting issue for many insurance carriers.

The American Bar Association recommends attorneys consider the following before bringing a lawsuit to collect outstanding fees:

• Consider the cost of litigation and the time involved
• Consider the possibility of a malpractice cross-action and address these issues:

? Have the underlying file reviewed for malpractice claim potential.
? The fees sought to be collected should be substantial.
? Assess the result you achieved for the client in the underlying case.
? Assess whether your relationship with the client was good prior to the fee dispute.
? Has the statute of limitation on a potential malpractice action run?

• Consider the factors in collecting the judgment

Some firms utilize a procedure of using larger retainers, or a series of follow up letters with the periodic billing statements to help recover fees. Others will use a collection agency to pursue the matter before an actual suit is filed against the client. A final step, assuming an attorney has met all ethical obligations, is withdrawing from representing the client.

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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PRACTICE MANAGEMENT TIP: TAKE CARE OF YOURSELF

1. Exercise: Exercise is one of the most effective anti-stress, and anti-depression tools in behavioral medicine. Try to build reasonable steps to a new lifestyle of increased exercise. Do what you enjoy most; Aerobics, short walk, take the stairs, sports etc..

2. Try relaxation exercises: Take a five-minute break each afternoon and practice "Imagery"--a popular relaxation technique. Imagery is sitting back and remembering a favorite event such as a vacation or a round of golf. Try to use all of your senses (the sound of the surf, the smell of the salt air, the feel of the sun on your skin, the colors of the setting sun) and take poetic license (a golf game can be your favorite 18 holes played all together)

3. Practice good nutrition (and not because your mother said so). Improved nutrition is a very important aspect of behavioral medicine. Lighter meals and less excess weight yield increased energy. Increasing fruits and vegetables (even by one serving per day) is effective. Research has shown that small achievable steps toward a lifestyle change are more enduring and thus more effective than large changes.

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