CONTACT US AT:

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, March 22, 2006

Articles

WHEN OSHA COMES CALLING

OSHA's list of the 10 most-violated workplace safety and health standards offers employers the opportunity to improve safety.
....(more)

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WHERE TO FIND MEANINGFUL MENTORING

Everyone can benefit by networking and learning from others in the profession. In particular, those new to the practice of law can benefit from the mentoring of more experienced members of the bar.

A good place to develop a meaningful mentoring relationship is within an American Inn of Court....(more)

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NSBA NEWS

SPRING BEST PRACTICES SERIES

The third installment of the Best Pratices Series is scheduled at the Roman L. Hruska Law Center in Lincoln on March 24, 2006. The topic is Using an Expert in Business Valuation and Economic Loss Cases by Brad Larson CPA/ABV. Click here for additional information and the registration form.

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YEAR OF THE JUROR ACTIVITIES

In celebration of The Year of the Juror, the cities of Grand Island and Norfolk have both held proclamation signing ceremonies declaring Juror Appreciation Week in their respective communities. Members of the local judiciary were presented with the proclamation and were asked to provide some brief comments to the public on the importance of jury service.

The proclamation signings are part of a statewide campaign being undertaken by the Minority and Justice Implementation Committee through a grant received from Woods Charitable Fund. The campaign is designed to thank jurors for their contribution to the justice system and to promote the representation of people from every ethnicity, race, religion and economic background on our juries. As Court Certified Interpreter Natalie Malmberg explained at the Norfolk ceremony, “Jury duty is based on the idea that a jury is the best judge of an individual’s actions; this is why it is important that juries are reflective of the communities they represent.”

In addition to the ceremonies, a radio campaign on the importance of jury duty was aired in the Grand Island and Norfolk communities and information on jury service was disseminated to local employers, high school and community college students, citizenship classes, and minority community groups. By providing the community with educational materials about jury service, the campaign hopes to increase public trust and confidence in the justice system, especially among its newest citizens.

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UPCOMING CFI EVENTS

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

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.

THANK YOU TO OUR SPONSORS!!

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.

THANK YOU TO OUR SPONSORS!!

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.

THANK YOU TO OUR SPONSORS!!

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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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ADDITIONAL AGENDA ITEM ADDED TO JUDICIAL RESOURCES COMMISSION HEARING

The Judicial Resources Commission has added a third item to its agenda for its meeting to be held on April 11, 2006. The Judicial Resources Commission will hold a public hearing pursuant to Neb. Rev. Stat. § 24-1204 to determine the following:

(1) Whether, based on the judicial workload statistics, a judicial vacancy exists in the office of county judge of the 3rd Judicial District, due to the retirement of the Honorable Jack B. Lindner, effective April 30, 2006, and make a recommendation to the Supreme Court as to the principal place of office of said vacancy.

(2) Whether, based on the judicial workload statistics, a judicial vacancy exists in the office of district judge of the 8th Judicial District, due to the retirement of the Honorable Ronald D. Olberding, effective April 30, 2006, and make a recommendation to the Supreme Court as to the principal place of office of said vacancy.

(3) Whether a judicial vacancy exists in the office of juvenile judge of the Separate Juvenile Court of Lancaster County, due to the retirement of the Honorable Tom Dawson, effective June 1, 2006.

The hearing is scheduled for Tuesday, April 11, 2006, at 1:30 p.m., central time. The hearing will be held via video conferencing from the State Capitol Building, Room 1525, Lincoln, Nebraska, and will include participation from the Panhandle Learning Center, 4502 Ave. I, High Plains Room, Scottsbluff, Nebraska, and from the State Office Building, Room 207, Second Floor, 1313 Farnam Street, Omaha, Nebraska.

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.

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 at 711.

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PROBATE SYSTEM V RELEASED

Manage your problems with this combined electronic manual, automated forms systems and probate information manager, co-developed by the Nebraska State Bar Association and Basha Systems LLC. Probate System V was designed expressly to meet the requirements of Nebraska attorneys.

* The software is free.
* The installation is free.
* The updates are free.
* Pay only for the files you need.

Going beyond mere document assembly, Probate System V includes a wealth of practitioner tools, including document abstracter, file management system, a contact manager, and a form for modifying shipping forms and creating custom forms for your firm.

Press Release

Order Form

Basha Systems' Store

Probate System V Forum

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FILING FEES INCREASED IN FEDERAL COURT

1. Congress recently increased the filing fees in federal courts. Effective April 9, 2006, the fee to file a civil case in district court will increase to $350. The fee to file an appeal with a circuit court will increase to $450. Fees to file bankruptcy cases have increased as well. See Deficit Reduction Act of 2005, Pub. L. No. 109-171, ? 10001 (amending 28 U.S.C. ? 1913-1914)(Feb. 8, 2006).

2. The district court's Plans for Administration of the Federal Practice Fund and the Federal Practice Committee have been updated. The plans can be found on the court's Web site at http://www.ned.uscourts.gov/fpo/crtplans/index.html.

3. The court has created a new event in CM/ECF called "Index-Continued." Experience has shown that the CM/ECF system will sometimes time out when users file an Index of Evidence with several large attachments. To avoid that problem, users can now create one or more attachments to the index, upload them to the system, then file the remaining attachments by using the "Index-Continued" event, which is found in the drop-down menu right below the "Index" event. Please keep in mind that no individual attachment may be more than 3 megabytes.

If you have questions about these changes, please contact the Clerk's Office at 402-661-7350.

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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

Dealing with the Construction Defects Case – Don’t Enter Into a Construction Contract Without Learning How to Resolve the Disputes that Inevitably Arise. Click here to view the preliminary flyer.

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COMMERCIAL REAL ESTATE WORKSHOP

NCLE and CrewMidwest have joined forces to provide an outstanding program featuring the latest developments in Commercial Real Estate, leasing, and development. Click here for more information

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LIVE WEBCAST

Click here for information on NCLE and CLE Options Live Webcast on March 24th on prosecution of money laundering cases. See these and other live and video-archived seminars at the NSBA / LegalSpan website.

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TRIAL SKILLS SEMINAR

Don’t Miss this opportunity to learn from the experts – see and hear trial work at its best. Law Students may attend free (but you must register!) Click here for information.

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WEBCREDENZA TO OFFER TELEPHONE SEMINARS

Starting in April, 2006, NCLE will offer WebCredenza’s regular series of teleseminar (Telephone Seminar) CLE programming available to Nebraska attorneys in partnership with the Nebraska State Bar Association (NSBA). The teleseminars are one-hour in length, cover timely legal topics and are broadcast over the telephone - the most accessible, convenient and reliable medium available - to wherever you can access a telephone.

The seminars are provided by and for state-level bar-affiliated CLE organizations around the country to provide programming options for their members. We utilize often overlooked but universally accessible “old technology” – the telephone – to bring high quality programming directly to your offices or homes. Watch your email and/or e-counsel to see the catalog of upcoming programs of cutting-edge and enduring topics and nationally recognized speakers, along with pricing and registration information. In addition, if you are not able to tune into the live telephone seminar, you will be able to purchase audio CDs, available within 2-3 days of their live broadcast for sale as home-study products.

Teleseminars marshal “old” but eminently reliable and convenient technology to bring high-quality programming to attorneys wherever they are. Joining in partnership with WebCredenza provides Nebraska lawyers a significant member benefits, as well as a convenient way to access important CLE information.

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RESOURCES

PRACTICE MANAGEMENT TIP: QUICKLY ZOOMING FONTS FOR EASIER READING

When you are reading a document or a webpage and the font is a bit too small to comfortably read, here's a quick solution. Hold down the control key and use the scroll wheel on your mouse to easily enlarge the text, zooming in. This doesn't work with everything. But since it works with True Type fonts, it will work most of the time.

Provided by the ABA Law Practice Management Advisors Group.

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PRACTICE MANAGEMENT TIP: LAW OFFICE DOCUMENT INVENTORY

Electronic discovery has gained prominence on everyone's radar. We know about it, but what to do about it? Many experts, companies, and tools have arisen to help law firms deal with those issues. But one of the most basic things you can do to help yourself is free and requires only some time and organization.

At a minimum, law offices should consider developing a self-assessment or inventory. Questions to which you ight seek answers might include, just for starters:

1. What are your office's document retention and storage policies?
2. If you use a document management system like WorldDox or similar products, who in your office maintains that system or understands how it works?
3. Who is responsible for which records and how are they maintained?
4. If records are maintained in more than one form (electronic, paper) where are the files located?
5. How often are electronic records backed up and where are the backups kept?
6. How is evidence in an ongoing case collected and preserved? Are there standard procedures in your office? Should there be?
7. When was the last time you had your electronic security checked (firewalls) checked? If it has been a while, you may want to revisit that also.

There are a host of other questions you might ask yourself, but many law office managers find the task so daunting that they don't do anything. The key is to make a start. A basic inventory and self-assessment will tell you what you need to think about next, what training staff need, and will raise overall awareness of how important this subject is. Don't try to do everything, but make a start. If your budget allows, hire an expert, but if it does not, you can make a start yourself.

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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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CASEMAKER TIP #20

How can I adjust how Casemaker™ sorts search results?

Casemaker™ arranges search results in reverse chronological order, i.e. most recently dated result first, and in many, if not most searches, this is the desired outcome. However, if you already know your case citation and just want to see the case you would probably do a basic search with the citation in quotation marks, e.g. “267 Neb. 133.”

But your case will be at the end of the results page, or pages, and that can be very annoying since it takes additional time to get to the last listing. Use the advanced search alternative and enter the citation in the first field, “Full Document Search Query”, and at the “Result Order” field, which is the last field, change the order to “Date Ascending”. The case sought will now be at the top of the list upon completion of the search.

Doug Kluender
douglaskluender@dor.state.ne.us

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