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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 --Wednesday, November 16, 2005

Articles

YOU SHOULD PLAN FOR THE HOLIDAYS NOW

The holiday season often seems to creep up on all of us, including small business owners. All of a sudden, Thanksgiving arrives, and tasks like planning for a staff party and gifts for customers have gone undone
......(more)

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STEP UP TO THE PLATE

During interviews of prospective associates I'm often asked whether I received "substantive" work during my first few years as an attorney working at a large law firm. The implication being, of course, that working for a large law firm means reviewing documents in a poorly lit file room for the first two or three years of one's practice........(more)

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NSBA NEWS

CREIGHTON UNDERGRAD MOCK TRIAL NEEDS YOUR HELP

Creighton University Mock Trial is hosting a college mock trial competition this weekend, Nov 19, 20 and needs your help. We have called, emailed, begged and can't even come close to enough attorneys to judge this competition. There are schools from Iowa, Nebraska, South Dakota,
Missouri, and Kansas coming to the event. There are four rounds. Each round needs at least 30
attorneys to have two judges in each courtroom.

Right now, at 5am on Wednesday morning, we have less than 10 of the 30 judges we need for each of the four rounds! Please help!!!

Schedule:

Saturday 1 pm - 4:30 pm
Saturday 5 pm - 8:30 pm

Sunday 8 am - 11:30 am
Sunday 12:30 - 4pm

Please call Theresa Gase at 598-4273 or Theresa@gase.com to help

I have set up a page at www.gase.com/mocktrial if you want to check on the recruiting progress of volunteers

Thanks so much for your support
Theresa Gase
(402) 598-4273
TGase@LoneStarSolutions.com

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UPCOMING CFI EVENTS

Please mark your calendars for any or all of the upcoming CFI events in 2006.

April 22, 2006 – 3rd Annual NLAP Race Judicata at Chalco Hills Recreation Area, Omaha. Run & Fitness Walk to Benefit Nebraska Lawyers’ Assistance Program (NLAP) 10K (6.2 miles) & 2 mile fun run/walk. Men and women runners; law firm/other team competition. Registration includes event t-shirt. Medals awarded to top 10 men and women and trophies to top 3 teams.

May 20, 2006 – 2nd Annual Barristers' Ball, Doubletree Hotel, Omaha. Proceeds from the Ball will go to support the Minority and Justice Implementation Project. This event will include dinner, live and silent auctions and a dance, as well as honoring members of the NSBA who hae been deemed "Visionaries" for their efforts.

June 12, 2006 – 3rd Annual NSBA-CFI Greater Nebraska Golf Scramble, Lochland Country Club, Hastings. Registration includes, golf cart, driving range, lunch and dinner. Prizes awarded to the top two teams, along with hole prizes and raffle items. Proceeds will benefit VLP.

August 21, 2006- 10th Annual NSBA-CFI Golf Scramble, Firethorn Country Club, Lincoln. Registration includes, golf cart, driving range, lunch and dinner. Prizes awarded to top teams in two flights, along with hole prizes and raffle items. Proceeds will benefit VLP.

More detailed information to follow in the upcoming months. If you or your members are interested in further information on any of these events, please contact Sam Clinch at 800-927-0117, ext. 25.

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SEVEN SUBMIT THEIR NAMES FOR DISTRICT JUDGE IN THE 11TH JUDICIAL DISTRICT

LINCOLN -- Daylene A. Bennett, McCook; Maurice A. Green, McCook; Jeffery S.
Meyer, North Platte; Joel W. Phillips, Wallace; David W. Urbom, Arapahoe; Terrance O. Waite, North Platte; and Paul Wood, McCook, have submitted applications for appointment as District Judge in the 11th Judicial District consisting of Arthur, Chase, Dawson, Dundy, Frontier, Furnas, Gosper, Hayes, Hitchcock, Hooker, Keith, Lincoln, Logan, McPherson, Perkins, Red Willow, and Thomas counties. The vacancy is due to the retirement of Judge John J. Battershell.

The public hearing of the Judicial Nominating Commission will be held in the District Court Courtroom at the Red Willow County Courthouse located at
502 Norris Avenue in McCook, Nebraska, beginning at 10:00 a.m. on Thursday, December 1, 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&dc11.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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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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APPLICATION DEADLINE SET FOR DISTRICT COURT JUDGE VACANCY, 3RD JUDICIAL DISTRICT

LINCOLN -- According to Supreme Court Justice William M. Connolly, the Judicial Nominating Commission for District Judge in the 3rd Judicial District (consisting of Lancaster County) will hold a public hearing in the Supreme Court Courtroom at the State Capitol in Lincoln, Nebraska, beginning at 10:00 a.m. on Tuesday, December 13, 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 Bernard J. McGinn, effective October 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., Tuesday, November 22, 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/rosterdc3.htm.

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

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NEBRASKA LEGAL DIVERSITY WEBSITE

Is your firm or organization hiring? Are you looking for a more diverse group of applicants? By registering with the Nebraska Legal Diversity Website you can post job descriptions and solicit résumés from a diverse group of attorneys for free. The website also provides access to valuable links and resources with information about how to improve the diversity of your firm or organization. Website sponsorship opportunities are also available. Demonstrate your commitment and increase your visibility by becoming a sponsor of Nebraska’s Legal Diversity Website today!

www.nelegaldiversity.org

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BEST PRACTICES SEMINAR FOR THE FALL OF 2005

The sixthinstallment of the Best Pratices Series is scheduled at the Regency Lodge in Omaha on November 29, 2005. The topic is Divorce: Support, Alimony and Property Settlement Agreements by Amy Geren. Click here for additional information and the registration form.

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GREAT PLAINS TAX INSTITUTE

The 2005 Great Plains Federal Tax Institute is meeting in Omaha at the Embassy Suites-Old Market on December 1 and 2, 2005

The program will feature current developments in Income, Estate, and Gift Tax and much more up-to-the-minute tax information of interest to CPAs, Attorneys, Financial Planners, Life Insurance Professionals and other Tax Professionals.

Click here for the current press release.

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JUDICIAL RESOURCES COMMISSION-4TH DISTRICT


The Judicial Resources Commission will meet to determine whether a judicial vacancy exists in the office of district judge in the fourth judicial district.

http://court.nol.org/press/releases/1206hearing.htm

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BAR DIRECTORY CORRECTIONS

Bar Directories will be mailing throughout the month of November.
If you are a member with ACTIVE status, and have not received your
Directory by November 30th, please let us know and we will get one
to you.

Pre-ordered directories or orders for more than one, will begin
shipping next week and will continue until we are done. To order
extra copies, please contact Sophia McDermott at the bar or email
smcdermott@nebar.com.

A correction page for the Directory will be printed in the January
2006 issue of The Nebraska Lawyer and posted to the website. If
you have corrections to the Directory (excluding address changes),
please send them to Anne Nau at the NSBA, email: anau@nebar.com.

We have received reports of one or two directories with backwards
pages in the Active member section. If you happen to get one,
please let us know ASAP and we will send you a new one.

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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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UPCOMING CLE

2006 Estate Planning & Probate Seminar

Trial Skills Seminar

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NCLE NOTES

Missed a Seminar? Visit the LegalSpan website link at www.nebar.com to review and download past seminars. Select only the topics you wish to view and receive materials and view videos of those presentations. Estate Planning, Family Law, Real Estate, and more. Also available: programs from other participating states in the LegalSpan consortium. New seminars are added frequently.

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RESOURCES

PRACTICE MANAGEMENT TIP: COMPUTERIZED DOCKET SYSTEM-EFFECTIVE RISK MANAGEMENT

"Your firm has a computerized docket system and client conflict/intake system. That's great! But do you have a system to police how well your attorneys are using the system? Effective risk management can help address the "garbage in-garbage out" type of use. Consistent, mandatory and monitored use of any technology system is essential to minimizing the risk of a legal malpractice claim from a conflict or missed deadline.

According to the most recent study of claims by the American Bar Association's Standing Committee on Lawyers' Professional Liability Insurance, the nation's top insurance carriers are still reporting that administrative and deadline actions are the basis for more than 23% of all claims being reported. In our technologically advanced practice it is important to note that the same errors are still continuing to cause the most claims.

So, if your firm has a computer system, make certain all attorneys are using it. "

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: THE RECEPTIONIST

The receptionist is the person who makes the initial contact with almost everyone seeking to do business with you. Yet often the receptionist is the most underpaid, unappreciated and under-trained person in the office. The receptionist can make a big difference in everything from losing a client to the initiation of a bar complaint proceeding. Compare the impact of the following two responses to an angry client who has not had a phoone call returned. (1) Yes, I gave him the message. There's nothing else I can do about it. (2) Mr. Atty is usually very good about returning his phone calls. He has been in court all day. I'll try and make sure someone gets back to you as soon as possible.

Make sure that those answering the phone or stationed in the reception area are continually encouraged to be friendly problem solvers. If you have turn-over at the receptionist position, consider having some written guidelines, including responses to difficult situations.

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