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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 -- Tuesday, April 18, 2006

ARTICLES

NSBA NEWS

CLE UPDATES

RESOURCES

Articles

LOCK IT UP! PROTECT YOUR CLIENTS (AND YOURSELF) WITH ENCRYPTION

You return to your office one morning to find your computer stolen. You’ll be able to recover your client and administrative files from backups—maybe off-site or online backups—and resume business, but what about the data on your hardware that the thief made off with?
....(more)

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STALKING THE 'STEALTH JUROR': POTENTIAL JURORS MAY LIE TO GAIN SEATS ON IMPORTANT CASES

Are "stealth jurors" infiltrating jury pools, lying on questionnaires and during voir dire to land seats on high-profile cases for bragging rights? At least one jury consultant thinks so.....(more)

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NSBA NEWS

SPRING BEST PRACTICES SERIES

The sixth installment of the Best Pratices Series is scheduled at the Roman L. Hruska Law Center in Lincoln on May 2, 2006. The topics are Workers' Compensation by Jill Schroeder and Estate Planning-Death and Disability by Jeff Peetz. Click here for additional information and the registration form.

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OBA LAW DAY 2006 LUNCHEON

The Omaha Bar Association (OBA) in coordination with the Nebraska Association of Legal Assistants (NeALA), the Omaha Legal Professionals Association (OLPA), and the Omaha Law League (OLL) and the Daily Record will celebrate Law Day 2006 by conducting several activities.

The Law Day theme this year is Liberty Under Law: Separate Branches, Balanced Power.

The Law Day Luncheon will be held as follows:

Date: Tuesday, May 2, 2006
Location: Holiday Inn Central, 3321 South 72nd Street
Time: 11:45 am - 1:15 pm
Cost: $20 per person or $150 per table
Please make reservations as soon as possible!
Contact: Mardee Korinek
mardee @creighton.edu or (402) 280-3607

Speaker: Senator Kermit Brashear,
Speaker of the Nebraska Legislature
OBA and NSBA Member

In addition to the Law Day Luncheon, the Omaha Bar Association's Law Day Committee is organizing a Mock Trial of Jack and the Beanstalk to be held at the Federal District Court (i.e. Hruska Courthouse) on Tuesday, April 25, 2006 for three Omaha Area Schools. As part of the Law Day Committee's "Lawyers In The Classroom" program, over fifty (50) Omaha lawyers will venture out to speak to more than 3,000 Greater Omaha 4th, 5th, and 6th grade elementary students located in several different school districts. The Daily Record has once again donated Law Day pens to be presented to each of the students and teachers participating in this Law Day program.

The Omaha legal community is also holding an "8th Grade Essay Contest" for 8th Grade Students, and a "5th Grade Poster Contest" wherein the winning 5th Grade Law Day poster will be featured on a billboard at 72nd and Dodge (Crossroads Mall area). The winners of those contests will be presented certificates and/or savings bonds at our Law Day Luncheon.

Omaha will also honor Steve and Sara Achelpohl who have been selected to receive the Omaha Bar's Public Service Awards at the Law Day Luncheon. Among other public service activities, Steve, with the assistance of Sara, Chaired the OBA's Law Day Committee for the past five years.

Rodney (Rod) Shkolnick, Dean Emeritus and Professor of Law at Creighton Law School will be awarded the Lifetime Achievement Award from the Omaha Bar Association.

We invite and encourage anyone interested in celebrating these events to join us in these Law Day 2006 activities.

Douglas J. Law
Chair, Omaha Bar Association Law Day 2006 Committee

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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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EFFECTIVE APRIL 20, 2006, THE JUDGMENT INTEREST RATE WILL BE 6.849%

Effective April 20, 2006, the judgment interest rate will be 6.849%.

http://court.nol.org/community/interestrate.htm

 

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JUDGE OLBERDING RECEPTION

The Custer County Bar Association is hosting a retirement open house for Judge Olberding on April 28, 2006 from 6:00pm to 8:00 pm at the Broken Bow Country Club. Please rsvp to Tami Schendt, County Attorney, 308-872-6327.

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TRUST ACCOUNTS & BLANKET BONDS RULE AMENDMENT

Trust Account and Blanket Bonds Rule 5C and Appendix 1 (adopted March 29, 2006)

Amendments to the rule and trust account affidavit form were made. Click on the Appendix 1 link for a copy of the form.

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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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ANNOUNCEMENT FOR ATTORNEYS WHO HOLD REAL ESTATE LICENSES

LB 819 passed on April 6 and according to the Legislature’s web site, it is still in the Governor’s office. If the Governor signs it, it will become effective July 14, three calendar months after adjournment.

LB 819 has been amended and adopted by the Legislature, and is awaiting the Governor’s signature. Activation of the new law is estimated to be approximately July14, 2006. For current information on LB819, go to http://www.unicam.state.ne.us/ and use the Bill Finder search engine to review the bill’s status. It is extremely important that all those holding licenses from the Real Estate Commission be aware of the bill. Please review the Bill itself and also visit the Real Estate Commission’s website for additional information.

This proposed legislation would amend Neb. Rev. Stat. Section 81-885.20 of the Nebraska Real Estate License Act regarding the return of pocket cards when affiliated licensees leave the employ of an employing broker. This proposed legislation would eliminate the need to return the pocket card which will assist in making this process more efficient.

Please note that Amendment 2547 to LB 819 specifically addresses continuing education requirements. Section 81-885.07 is amended, the relevant portion of which is excerpted as follows:

(7) Prior to the issuance of any license to a nonresident applicant, an affidavit shall be filed by the applicant with the commission certifying that the applicant has reviewed and is familiar with the Nebraska Real Estate License Act and the rules and regulations of the commission and agrees to be bound by the act, rules, and regulations. Within ninety days after the issuance of a license to a nonresident licensee, the licensee shall provide to the commission adequate proof of completion of a three-hour class approved by the commission specific to the Nebraska Real Estate License Act and the law of agency relationships enumerated in sections 76-2401 to 76-2430. If the licensee fails to provide adequate proof of completion of the approved class to the commission within the ninety-day period, the director of the commission or his or her designee shall place the license on inactive status and notify the licensee that he or she must show cause why the license should not be revoked.

LB819 mandates a three hour class covering License law and a three hour class covering the Agency Act. So attorneys who are Real Estate Licensees may want to make note of this.

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APPLICATION DEADLINE SET FOR SEPARATE JUVENILE COURT JUDGE VACANCY, LANCASTER COUNTY

According to Supreme Court Justice Michael McCormack, the Judicial Nominating Commission for Separate Juvenile Judge in Lancaster County will hold a public hearing in the Court of Appeals Courtroom, Room 2123, State Capitol Building, 1445 K Street, Lincoln, Nebraska, beginning at 9:00 a.m. on Tuesday, May 23, 2006. At the hearing, the Commission will receive information on the qualifications of candidates to fill the vacancy in the office of Separate Juvenile Judge due to the retirement of Judge Thomas B. Dawson effective June 1, 2006.


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, May 2, 2006, to the Chairperson, Justice McCormack, 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/rosterjuvl.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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APPLICATION DEADLINE SET FOR COUNTY COURT JUDGE VACANCY, THIRD JUDICIAL DISTRICT

According to Supreme Court Justice William M. Connolly, the Judicial Nominating Commission for County Judge in the 3rd Judicial District (consisting of Lancaster County) will hold a public hearing in the Supreme Court Courtroom, 2nd Floor, State Capitol Building, 1445 K Street, Lincoln, Nebraska, beginning at 10:00 a.m. on Tuesday, May 23, 2006. The principal place of office for the judicial vacancy is Lincoln. At the hearing, the Commission will receive information on the qualifications of candidates to fill the vacancy in the office of County Judge due to the retirement of Judge Jack B. Lindner, effective April 30, 2006.


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, May 2, 2006, 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/rostercc3.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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NSBA PUBLIC SERVICE AWARDS

NSBA 2006 Public Service Award Nominations Deadline is June 1, 2006

The NSBA is accepting nominations for the 2006 Public Service Awards. The deadline for the nominations is June 1, 2006. Go to http://www.nebar.com for the award criteria, nomination form and list of past recipients.

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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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NCLE ANNOUNCES CLE TELESEMINARS

NCLE announces live, one-hour telephone seminars beginning in April. Click below to see descriptions of the programs and registration information.

April Seminars
May Seminars

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RESOURCES

PRACTICE MANAGEMENT TIP: A/R AGING PRIORITIES TIP

Once a month lawyers should take a financial snapshot of the practice. The main purpose of this practice is to give lawyers a clear picture, on a monthly basis, of where the money is. This snapshot should tell them how much money is going out and how much is coming in. An important part of the money "coming in" is actually what should have come in, but hasn't yet. This is the accounts receivable (A/R) aging report. This report shows unpaid accounts, their amounts and how old they are. Any collection efforts should look at the largest amounts first. If you are going to spend 30 minutes dealing with an unpaid account, do it on one worth $1000 instead of one worth $10.

Provided by the ABA Law Practice Management Advisors Group.

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MARSH:NEW AUTO AND HOMEOWNERS INSURANCE

Exclusively for NSBA Members

The NSBA is now offering auto insurance and homeowners insurance to all bar members. Together with Marsh Affinity Group Services the bar has negotiated a new member benefit that could save you up to 10%. To learn more please call us Toll-Free at 1-866-236-6582 or visit http://www.nebarinsurance.com/promo/AH

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