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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, September 5, 2006

ARTICLES

NSBA NEWS

CLE UPDATES

RESOURCES

Articles

THE PROACTIVE ATTORNEY: USING FREE E-MONITORING AND E-ALERTS TO KEEP A STEP AHEAD

Being proactive rather than reactive is one of the keys to becoming a sought-after attorney. Being proactive requires being a step ahead of others about the issues that affect your firm, your profession and your clients (this includes current, past, and potential clients). Setting up online e-monitoring and e-alert services can be your secret weapon. Instead of trying to keep up to date by manually scanning information from myriad news articles, pending legislation and regulations, dockets, and websites, you can set up an e-monitoring/e-alert service to automatically monitor this assortment of information for you and have an e-alert e-mailed to your in-box.
......(more)

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CREATING LEADERSHIP OPPORTUNITIES IN LAW DEPARTMENTS

Almost every law department struggles with ways to create career paths where none exist. In the traditionally flat structure of a law department, there are simply not enough management appointments to go around.......(more)

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NSBA NEWS

BEST PRACTICES SEMINAR IN COLUMBUS

The Best Practices Seminar is scheduled for Friday, September 15th at the Holiday Inn Express in Columbus. The Platte County Bar Association is planning a golf outing at Quail Run and a reception at Duster's Restaurant for Thursday, September 14th. Click here for additional information and the registration form.

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SUPREME COURT ADOPTS THE CONCEPT OF MANDATORY CONTINUING LEGAL EDUCATION FOR ACTIVE LAWYERS IN NEBRASKA

The NSBA House of Delegates passed a resolution in 2004 that requested the Nebraska Supreme Court to adopt the concept of mandatory continuing education for lawyers. A copy of the resolution is attached. After this resolution was adopted, law schools, law-related associations, law firms, bar association sections and other legal employers were asked to indicate their support for the concept of mandatory CLE.

This information was provided to the Nebraska Supreme Court by way of a petition in March of 2006. In mid-June, the officers of the NSBA met with the Supreme Court to make a presentation on the value and importance of MCLE to the professionalism of the practicing bar, as well as the public’s trust and confidence in the legal profession.

On June 21, the Supreme Court adopted the NSBA’s petition and approved the concept of mandatory continuing legal education for active Nebraska lawyers. It also ordered the NSBA to provide it with proposed rules for the implementation of MCLE. The NSBA is in the process of forming such a committee. The committee will be as broadly based as possible to assure that the plan will take into account the need for accessibility and affordability in meeting any MCLE requirement.

The proposed rules will be sent to the NSBA House of Delegates, before submission to the Supreme Court. The House will have the opportunity to vote on the proposed rules. Those proposed rules will then be sent to the Supreme Court for further consideration.

If you would be interested in serving on a committee to draft the rules, or know of someone who would be interested, please contact NSBA President William Dittrick or Executive Director Jane Schoenike.

Resolution

Supreme Court Order

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NEBRASKA LEGAL DIVERSITY SUMMIT

Register Now for the 2nd Annual Nebraska Legal Diversity Summit

Nebraska’s 2nd Annual Legal Diversity Summit has been scheduled for October 6, 2006 from 1:00 to 7:00 p.m. at the Doubletree Hotel (1616 Dodge Street) in Omaha. This important event will include:

A book signing event by Charles Ogletree, author of All Deliberate Speed: Reflections on the First Half Century of Brown v. Board of Education and From Lynch Mobs to the Killing State: Race and the Death Penalty in America.

A keynote address by Professor Charles Ogletree, Harvard Law School, Founding and Executive Director of the Charles Hamilton Houston Institute for Race and Justice, and named one of the 100+ Most Influential Black Americans by Ebony Magazine.

A panel discussion on the Hiring and Retention of Attorneys of Color.

Interviews between Nebraska legal employers and law students of color from Nebraska, Colorado, Iowa, Kansas, Missouri, South Dakota and beyond.

Legal Networking Reception for legal employers and law students (appetizers and drinks provided).

We hope that you will come away from this conference with some new ways of understanding the value of a diverse workforce, strategies for recruiting and retaining attorneys of color, contacts with law students of color from the region, and a renewed commitment to work together toward a more diverse legal community in Nebraska. Register on-line at www.nelegaldiversity.org or send in this registration form.

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JUDICIAL NOMINATING COMMISSION FORWARDS NOMINEES FOR NEBRASKA'S CHIEF JUSTICE

A Judicial Nominating Commission has forwarded the names of three nominees to Gov. Dave Heineman for consideration of appointment to serve as the next Chief Justice of the Nebraska Supreme Court.

The nominees are John Gerrard of Norfolk, Mike Heavican of Lincoln, and John Icenogle of Kearney.

Gov. Heineman will conduct interviews with each of the nominees in the coming weeks.

 

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JUROR APPRECIATION WEEK

On September 18th at 12:00 p.m. at the County City Building, the mayor of Lincoln will be signing a proclamation declaring September 18th through September 22nd, Juror Appreciation Week in Lancaster County. The proclamation signing is part of a statewide campaign being undertaken 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. We warmly invite you to join us in this declaration and opportunity to hear from your local judges and leaders. Click here for additional information.

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NSBA LEADERSHIP ACADEMY

The Nebraska State Bar Association is pleased to announce the first annual Leadership Academy designed for lawyers who aspire to be leaders. The seven month academy is intended to develop the leadership skills to allow lawyers to make greater contributions to the legal profession and their community.

The goals of the academy are to nurture effective leadership with respect to ethical, professional and community service issues; to build relationships among legal leaders from across the state and from across disciplines within the profession; to raise the level of awareness among lawyers regarding the broad range of issues facing the legal profession and to enhance the diversity of leaders within the legal profession and the community as a whole.

Session topics will include a mandatory retreat during the 2006 annual meeting in November. Starting in January, topics will include a legislative session focusing on the legislative branch of Nebraska government; Issues in the Court; Interacting with the Media; Bar Governance; Leadership Skills and Community and Public Service. The sessions will include speakers and panelists from diverse backgrounds who will share their expertise and experience on effective leadership.

The academy is open to NSBA members that will be in their fifth to fifteenth year of practice. Class size is limited to 25 participants in order to ensure a high quality of instruction.

Tuition of $300 covers the cost of all programs, meals, receptions, graduation dinner and printed materials. Individual participants are responsible for their own travel and personal expenses. Mileage and hotel reimbursement will be provided if you are required to travel more than 150 miles to attend a program session. Limited scholarships are also available and may be requested on the application form. The deadline for applications is 5 p.m. September 15, 2006.

THE GOVERNMENT PRACTICE SECTION WILL ASSIST GOVERNMENT PRACTICE LAWYERS WITH TUITION WHO ARE ACCEPTED INTO THE NSBA LEADERSHIP ACADEMY

Gary Krumland, chair of the Government Practice Section said that the Government Practice Section executive committee voted to earmark $300 to be used as tuition assistance for Government Practice Section members who are accepted into the NSBA Leadership Academy. The money will be divided among all section members who participate.

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NOMINATIONS NOW BEING ACCEPTED FOR THE CHIEF JUSTICE'S ANNUAL JUDICIAL AWARDS

September 5 is the deadline for you to nominate the judge of your choice for “Distinguished Judge for Improvement of the Judicial System” award or “Distinguished Judge for Service to the Community” award. The 2006 nomination form is now on-line at www.nebraskacourt.com/community/awards.htm. Please participate by nominating a judge who fits either of the categories. These awards are established to publicly recognize members of the judiciary for meritorious projects and exemplary accomplishments which enhance the vision of justice within our communities.

Contact Janet Bancroft, Public Information Officer, 402-471-3205, jhammer@nsc.state.ne.us

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NOMINATIONS FOR ODR ADVISORY COUNCIL

The Office of Dispute Resolution is requesting nominations for appointment to the ODR Advisory Council (see attached letter).

If you have someone you would like considered for appointment to the Council, please send/fax/e-mail the attached nomination form to ODR by Friday, September 15, and an application form will be sent out to them.

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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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UPCOMING CLE SEMINARS

U
pcoming live seminars include:

September 8: Annual Real Estate Probate and Trust Section’s Real Estate Update – New issues, new topics. Land and land use never cease to be important.

September 26-29:
30-HOUR FAMILY MEDIATION TRAINING

*Where:* Archdiocese Conference Center; 3330 N. 60th, Omaha NE

This training satisfies the training requirements established by the NE Parenting Act.

To register, visit www.nemediation.org/TrainingInstitute.htm or call 877-342-2004.

Kelly Riley, Manager
Training Institute
Nebraska Mediation Center Association (NMCA)
1338 South 202nd Street
Eagle, NE 68347-2012
402/781-2011 or 877.342.2004
www.nemediation.org

September 29: Workers Compensation Section’s Update – Experienced practitioners will get important update information from well-respected lawyers and judges. Those new to the field should plan to come early and attend the special one hour “Workers Comp 101” Overview.

October 13: Time Mastery for Lawyers: 68 Ways to Maximize Your Productivity and Satisfaction at the Georgetowne Club in Omaha.

March 9, 2007: Mark Your Calendar for Estate Planning and Probate in Lincoln. [Advance Notice] - New topics as well as updates on well-known areas. Excellent information for the estate practitioner.

ONLINE EDUCATION

ONLINE CLE - WITH ONLINE CLE YOU GET MORE THAN JUST THE MATERIALS

NCLE and LegalSpan enable you to view seminars you may have missed. Get the
information you want when you want it. View only the specific presentations that interest
you from the comfort of your office or home.

Click on the LegalSpan link at http://www.legalspan.com/nebar/onlinecle.asp and browse the catalog today.

• Free demos are available on the website, so pay a visit and see how easy getting
the information you want is.

• View Video, Hear Audio, or download audio files to your iPod or mp3 playerwith CLE TO GO.

• Seminars available from NCLE Estate Planning, NCLE Family Law, and NCLE Bankruptcy.

• Coming Soon: Social Security, Franchising, Elderlaw, Real Estate and Workers Compensation.

• Also – you can view CLE from other states on a host of topics of relevance to Nebraska lawyers.

TELEPHONE SEMINARS

Telephone Seminars – Live or buy the CD

Putting the Deal Together: The Art and Practice of Commercial Real Estate Transactions
Telephone Seminar Series - Available as one hour live telephone seminars or audio CD ROMs

Eight Segments: August 10 – October 4, 2006

Calendar:

Segment 5: September 13: Financing the Deal

Segment 6: September 20: Common Ownership: Condominiums and More

Segment 7: September 27: When the Deal Goes Bad: Bankruptcy Issues in Real Estate Deals

Segment 8: October 4: End Game: The Essentials of Tax Planning for Commercial Real Estate Deals

About the Series – “Putting the Deal Together: The Art and Practice of Commercial Real Estate
Transactions” Series is an 8-part series on the multifaceted practice of putting together
commercial real estate deals. The series will build week-to-week from understanding the basics
economics of different types of real estate deals to due diligence and documenting the acquisition
and finance agreements. Many other issues will be covered, too.

About the Speakers – The national-known faculty is comprised of practice leaders from across
the nation. They have cumulatively hundreds of years of experience putting together commercial
real estate transactions of every time – and in eight weeks they will guide you through the
intermediate practice of structuring, negotiating and documenting real estate deals.

If you can’t attend a segment – All segments of the program are available on audio CD for $79
per segment. Also, all programs are uploaded to WebCredenza’s On Demand Audio Network,
which lets you listen to any segment you want over the telephone – whenever you want, 24 hours
a day / 7 days a week.

To register: Contact Kathryn Bellman 402-742-8131 or 1-800-927-0117 or email
kbellman@nebar.com

Cost: $89 per segment, which includes live telephone access and written materials or $79
per CD ROM, which includes audio CD ROM and written materials. Register for the
entire series at a discount: Live $650; CD ROMs $600.

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FORENSICS IN HEALTHCARE SEMINAR

“Forensics in Healthcare: Suspicious Injury and Death Investigation and Managing Evidence in Healthcare and other Settings” is the title of a 2-day workshop sponsored by Creighton University. The conference will be held on November 2 and 3 at the Forte Conference Center in Downtown Omaha.

Keynote speaker will be Robert K. Ressler, founder and former director of the FBI's Violent Criminal Apprehension Program. Ressler, considered the world's leading authority on violence in contemporary society, will help us understand violent and extreme criminal behavior.

Law enforcement, attorneys, emergency response personnel, physicians, nurses, pharmacists, advocates and those interested in forensics are encouraged to attend. Creighton University School of Law is a sponsor of the event.

A series of forensic experts will share forensic scenarios with clinical applications for assessment and specialized documentation. In addition, specific skills sets will be addressed such as forensic photography as well as the many facets of a criminal investigation that occurs in a healthcare setting highlighting the responsibilities of all healthcare professionals.

Registrations can be made on line at http://cme.creighton.edu For more information, contact Joyce Bunger, Creighton University School of Nursing, 402-280-2029, or email jbunger@creighton.edu.

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RESOURCES

REJECTING CERTAIN CLIENTS

As attorneys gain experience, they learn that it is best to reject certain clients at the outset. Some red flag warnings follow:

A. Beware of the client who is changing attorneys.

B. Beware of the client whose expectations exceed your case evaluation.

C. Beware of the client who has already contacted multiple government representatives to plead his case.

D. Beware of the client who wants to proceed with his case because of principle and regardless of cost.

E. Beware of the client who has done considerable legal research on their own.

F. If your first impression of the client or his course of action is unfavorable, think twice before accepting the case.

G. If you and your client cannot easily agree on the fee and retainer, you may be dealing with a difficult client.

This risk management tip is brought to you by Marsh Affinity Group Services, a service of Seabury & Smith. Marsh is the only insurance provider endorsed by the Nebraska State Bar Association. For more information visit our website at www.nebarinsurance.com or call 1-866-236-6582.

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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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