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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 --Tuesday, January 10, 2006

Articles

BALANCING LIFE AND PRACTICE: GOT 2 EXTRA HOURS FOR YOUR EMAIL?

Even in his sleep, Stever Robbins, an executive adviser, could not escape his e-mail. ''I was buried under a pile of e-mail,'' Mr. Robbins, 41, said. ''I can't remember ever having a nightmare. For my first nightmare to be about e-mail, that was pathetic.".....(more)

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THE BEST ADVERTISING YOU'LL NEVER PAY FOR. HOW TO MAKE MARKETING BILLABLE

"I’ll have the double porterhouse with sautéed wild mushrooms, a baked potato with butter and sour cream, a house salad with blue cheese dressing, and a vodka martini."

"Excellent choice sir," the waiter announced as he retrieved J.R.’s menu. "And you, ma’am?" "Spinach salad, please, but hold the bacon."

"And to drink?" he asked.

"Seltzer water and cranberry juice with a twist of lime," she replied. No sooner had the waiter departed than her associate launched into conversation.

"So I’m up for partner next year and I’m wondering how I’m supposed to meet the 2200 hour billable requirement AND make time for marketing? It’s crazy!" J.R. was obviously upset. ........(more)

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NSBA NEWS

APPLICATION DEADLINE SET FOR DISTRICT COURT JUDGE VACANCY, FOURTH JUDICIAL DISTRICT

January 9, 2006, Application Deadline Set for District Court Judge Vacancy, Fourth Judicial District

LINCOLN -- According to Supreme Court Justice Kenneth C. Stephan, the Judicial Nominating Commission for District Judge in the Fourth Judicial District (consisting of Douglas County) will hold a public hearing in District Courtroom #1, Fifth Floor, Hall of Justice, 1701 Farnam, in Omaha, Nebraska, beginning at 10:00 a.m. on Monday, January 30, 2006. 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 Richard J. Spethman, effective December 30, 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., Monday, January 9, 2006, 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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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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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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2006 ABA TECHSHOW

Celebrating its 20th year, the ABA TECHSHOW® continues to be the world's premier legal technology conference and exposition. From April 20-22, 2006 at the Sheraton Chicago Hotel & Towers, more than 1400 participants will attend the ABA TECHSHOW® to take advantage of the more than 60 legal technology programs and training sessions offered in fourteen topical tracks. Over 100 technology vendors will feature the latest in legal technology products and services.

This year NSBA members will receive a $100 association member registration discount. Register early and receive an additional $200 Early Bird Discount (ends March 10) to save a total of $300 in registration fees. Act now to receive this incredible benefit!

To register now, visit the ABA TECHSHOW® web site at www.techshow.com. Choose Program Promoter Registration and specify promoter code PP101.

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NEW SC RULE REGARDING THE USE OF STANDARDIZED MODEL FOR DELIVERY OF SUBSTANCE ABUSE SERVICES

Click here to see a revised version (12/21/05) of the Overview of Standardized Model for Substance Abuse Services which was originally sent with the December Administrative Memorandum. The 2-page overview also contains the newly passed rule.

The rule is effective as of January 1, 2006. The rule, complete with attachments and forms, can be found on-line under court rules on the Judicial Branch web page:

Neb. Ct. R. Regarding Use of Standardized Model for Delivery of Substance Abuse Services (adopted November 30, 2005; effective January 1, 2006)

A committee of county court judges, chaired by Judge Kurt Rager, will be providing information and education to members of the bar. If you have questions or would like additional information, please contact Probation's Community Corrections Programs Coordinator Deb Minardi at 471-8572.

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SUPREME COURT JUSTICE GINSBURG TO SPEAK AT THE HRUSKA INSTITUTE

Mark your calendars to attend the Hruska Institute on April 7, 2006 to hear United States Supreme Court Justice Ginsburg. Click here for additional information.

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BAR DIRECTORY CORRECTIONS

Click here to see the latest bar directory corrections.

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2006 UPDATES TO THE CHILD SUPPORT SPREADSHEET

2006 updates to the Child Support Spreadsheet have been uploaded to the internet and are ready for use. Click on the link below:

http://court.nol.org/community/cscalc/calculator.cfm

 

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GOVERNOR SIGNS PROCLAMATION DECLARING 2006 THE YEAR OF THE JUROR

On Friday January 6, 2006 Governor Heineman, signed a joint proclamation with Nebraska Supreme Court Justice John Hendry and Nebraska State Bar Association President William Ditttrick, declaring 2006 The Year of the Juror. The proclamation recognizes the important contribution that jurors provide to the justice system and marks the launching of a statewide campaign in 2006 to educate and encourage jury service among Nebraskans.

While it is hoped that the campaign will increase juror participation among all Nebraskans, the campaign targets the more diverse counties of Hall, Madison, Scotts Bluff, Dawson, Lancaster and Douglas. As Chief Justice Hendry explains, “The jury system is a fundamental cornerstone of the justice system. The premise that a defendant will receive a trial by a representative group of his or her peers is essential to maintain confidence in the court system.” When considering why the perception of a fair process is important, Justice John Gerrard of the Nebraska Supreme Courts elaborates, “Attitudes toward the courts can affect the way individuals perceive their role in the justice system. When people believe that the justice system is fair it increases their willingness to comply with laws, report crimes, file suits, and so on.”

Data gathered by Nebraska’s Minority and Justice Task Force in 2001 suggested that our juries are not always representative of their communities. Testimony collected through statewide public hearings and discussions with district court clerks, jury commissioners and minority community leaders suggests that minority under-representation on juries is in part due to a general distrust and unfamiliarity with the justice system, resulting in a failure to respond to jury summonses by many. For many new Americans, receiving a letter from the court often creates feelings of suspicion or fear, especially if the summons is served by local law enforcement.

In response, the MJIC partnered with district court clerks, jury commissioners, and representatives from the Nebraska Commission on Indian Affairs, the Nebraska Mexican American Commission, the Urban League of Nebraska and the Nebraska Racial Justice Initiative in developing a three-pronged campaign to promote jury service, consisting of meetings with minority community organizations, dissemination of written materials regarding the jury process, and a targeted radio campaign. The campaign will visit select counties across the state, educating the public about the jury process and broadcasting the message, “It Isn’t Fair If You Aren’t There.” The campaign is funded through a grant to Charitable Funds Inc. from Woods Charitable Fund and several individual contributors.

Outcomes measurement: The MJIC will collect baseline data on the racial composition of Nebraska’s jury pools, and the current “non-response” rates counties have in regards to jury summonses. Following the educational campaign the MJIC will be able to track any significant impacts the project has on the “non-response” rate and to what extent the campaign has increased the participation of racial and ethnic minorities on jury pools. Data will also be collected regarding the reasons why individuals are hesitant to serve on juries and the results of this evaluation will be used to inform and make policy recommendations to the Administrative Office of the Courts about adopting long term policies to increase juror participation and encourage minority representation on juries.

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THE PLAYERS CLUB AT DEER CREEK IN OMAHA IS LOOKING FOR MEMBERS AS IT GOES PRIVATE

The Players Club at Deer Creek is dedicated towards becoming Omaha's only 27-hole Private Facility. If you are interested in joining, please click on the additional information below.

Classification of Membership
Corporate Classification
Junior Classification
Question and Answers

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CLE UPDATES

NCLE SECTION CALENDAR

NCLE Calendar – Click here for a short list of upcoming NCLE programs.

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CONSTRUCTION LAW SEMINAR

Construction lawyer Denise Saathoff has planned the third annual Construction Law Seminar, scheduled for Friday, October 31 in beautiful Malcolm, Nebraska (just outside of Lincoln). Click here to view the preliminary flyer.

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PROBATE SYSTEM V TELECONFERENCE

PS V Information - Please join software developer and lawyer Seth Rowland for an On-line meeting and conference call to discuss the upcoming release of Probate SystemV and get a sneak preview of what is coming down the pike. Meetings will beheld on Mondays at Noon, central time, 11:00 mountain time. See the product, ask questions!. Click here for information.

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LEGALSPAN INFORMATION

LegalSpan Information - NCLE and LegalSpan enable you to view seminars you may have missed.

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TRIAL SKILLS SEMINAR

Trial Lawyer Maren Chalopka has planned a great program for March 24, 2006. See and hear experienced Nebraska trial lawyers and special guest speakers explain and demonstrate courtroom techniques. Click here for information.

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PROBATE SEMINAR

The NCLE and the NSBA Real Estate Probate and Trust Section annual seminar, scheduled for March 10, is ready for your viewing. Omaha estate planning lawyer and planning chair Susan Spahn invites you to view the agenda and plan to attend. Click here to see the flyer.

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RESOURCES

PRACTICE MANAGEMENT TIP: A TRAINING LUNCH

As the immortal Yogi Berra said, "You got to be careful if you don't know where you're going, because you might not get there." Two things should never stop in your law firm - training and marketing. You need a year-round, career-long commitment to both marketing and training. Docket training and marketing goals are just like court deadlines. Set goals for a set number of luncheons each month with possible sources of new business. Every three months have a "training lunch" where one staff member teaches a few new tricks to the rest of you. Let someone develop macros or other document automation and then show the rest of you.

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PRACTICE MANAGEMENT TIP: INVOLVEMENT IS GOOD!

Involve your clients in their legal matters as soon as possible and as much as possible. The lawyer-client relationship that develops is much better than those in which the client is not involved. Ask your clients to draft their own case histories, review documents obtained in discovery, and participate in the preparation of pre-trial statements. As a result, clients obtain some appreciation for the amount of time and type of work involved in preparing their cases, gain some control over their own cases, understand the effort and skill involved in being an attorney, and gain a greater sense of trust and appreciation for your services.

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MARSH AFFINITY SERVICES INTRODUCES NEW COMPRHENSIVE WEBSITE

Marsh Affinity Group Services is pleased to introduce a new, comprehensive website dedicated to the needs of Nebraska State Bar members. You can access information on all of the Bar endorsed insurance products through this site at www.personal-plans.com/nebar.

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