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E-Counsel is available to members of the Nebraska State Bar at no additional charge.

E-COUNSEL --Monday, February 26, 2007

ARTICLES

NSBA NEWS

CLE UPDATES

RESOURCES
Articles

DAYLIGHT SAVINGS TIME MOVE CREATES PROBLEMS

Blogs and Web sites by the dozens provide timely information about technology law issues. The problem, of course, is finding the time to sort through them all to select the ones that meet your specific interests. This article lists those that I have found to be particularly helpful........
....(more)

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BLAWGS TO ADD TO YOUR FAVORITES LIST

Bankruptcy, like neurosurgery, is not for the dilettante. That is true now more than ever. The Bankruptcy Abuse Prevention and Consumer Protection Act, most provisions of which went into effect October 17, 2005, will keep most general practitioners out of the area. Here is a list of some of the reasons you, as a general practitioner, may wish to reconsider ever filing a bankruptcy case again...........(more)

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NSBA NEWS

MINORITY AND JUSTICE COMMITTEE 2006 PROGRESS REPORT

The Nebraska Minority Justice Committee is please to release its 2006 Progress Report. The Committee is a joint effort of the Nebraska Supreme Court and Nebraska State Bar Association, established to examine and address issues and perceptions of racial and ethnic bias in the courts.

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CHARITABLE FUNDS INC. UPCOMING EVENTS

Please mark your calendars for any or all of the upcoming CFI events in 2007.

April 28, 2007 – 3rd Annual Barristers' Ball, Omaha Hilton, Omaha. Proceeds from the Ball will go to support the Nebraska State Bar Association's Volunteer Lawyers Project, specifically, VLP's Domestic Violence 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.

May 18, 2007 – 4th Annual NSBA-CFI Greater Nebraska Golf Scramble, Bayside Golf Club, Ogallala. 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. If you wish to be a sponsor, click here.

THANK YOU TO OUR 2007 SPONSORS FOR THE GREATER NEBRASKA GOLF SCRAMBLE!!

August 20, 2007- 11th Annual NSBA-CFI Golf Scramble, Oak Hills Country Club, Omaha. 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. If you wish to be a sponsor, click here.

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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2007 ABA TECH SHOW

Join the ABA Law Practice Management Section as it presents ABA TECHSHOW® 2007 from March 22-24, 2007 at the Sheraton Chicago Hotel & Towers in the magnificent city of Chicago! Take advantage of the world's premier legal technology conference and expo at a substantial discount by registering to attend as a member of the Nebraska State Bar Association. Visit the conference website for more information.

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CELEBRATE HOPE FOR DOMESTIC VIOLENCE VICTIMS

Please join us to Celebrate Hope for domestic violence victims, March 5, 2007 with featured keynote speaker Denise Brown (Nicole Brown Simpson's sister). The Domestic Violence Coordinating Council of Greater Omaha (DVCC) cordially invites you to attend its annual awards ceremony, an evening of inspiration and tribute which recognizes outstanding individuals, programs and organizations that had a significant impact on our community in the area of domestic violence. Individual tickets are $50.00 and corporate sponsored tables are available for $1,000 and will be recognized in all publicity and at the event. For more information or to purchase tickets, visit our website at www.dvccomaha.org

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NEW JUDICIAL BRANCH WEB SITE

The Administrative Office is pleased to announce the launch of the newly revised Judicial Branch Web Site. If your organization has linked to the Judicial Branch Web Site, you may wish to take time to link to the new site at www.supremecourt.ne.gov

Site improvements include:

•RSS feed on opinions, rules and press releases

•Enhanced menu selections and navigation

•Google search feature on full site

•New pages for Probation, JBE, Jury Service,      Problem Solving Courts, Guardians and more.

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2007 YOUNG LAWYERS SECTION PRACTICE SEMINAR

Please take a moment to mark your calendar to attend the 2007 Young Lawyers Section Practice Seminar. The seminar will be held at the University of Nebraska College of Law on March 16, 2007. A copy of the seminar brochure is attached for your convenience. This year’s seminar features a diverse topic list with a fantastic panel of speakers.

This year’s topics include:

· Ins and Outs of Engagement Letters/Non-engagement Letters/Retainer Agreements

· Estate Planning Fundamentals: Choosing the Right Plan for Your Client

· Interaction with Corporate Counsel: Behavior to Avoid

· Trial Practice How To’s

· Recreational Liability of Municipalities

· Liability in Real Estate Disclosure Statements

· Killer Contract Provisions

· DUI Basics and Recent Statutory Changes

· Divorce 101

· Juvenile Law: What are the rules and what is my role?

The Young Lawyers Section invites you to kick off the weekend with them on Friday, March 16, 2007 with an F.A.C.! The F.A.C. will follow the Section’s annual Practice Seminar, and will be held from 5:00 p.m. until 8:00 p.m. at the Old Chicago located in the Haymarket. Whether you attend the seminar or not, come and socialize with other young lawyers from across the state. See you there!”

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PROPOSAL FOR VOLUNTARY SENTENCING GUIDELINES FOR FELONY DRUG OFFENSES ON WEB

The Notice of Public Hearing and Comment for the Implementation of Voluntary Sentencing Guidelines for Felony Drug Offenses can be found on the Judicial Branch Web site under the ‘Rules’ section:

http://www.supremecourt.ne.gov/rules/index.shtml

Click here to view items separately:

Notice of Public Hearing and Comment Period for Proposed Rule for the Implementation of Voluntary Sentencing Guidelines for Felony Drug Offenses

Proposed Rule for the Implementation of Voluntary Sentencing Guidelines for Felony Drug Offenses

http://www.supremecourt.ne.gov/rules/amendments/notice-sentencing-guidelines.pdf

Please note: The comment period ends April 16, 2007 and the Public Hearing to be held April 25, 2007, 1:30 p.m.

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ESTATE PLANNING SEMINAR

There is still time to register for the Real Estate Probate and Trust Section Estate Planning Seminar on March 9th at the Cornhusker Hotel in Lincoln. To register online, go to http://www.nebar.com/store/category.asp?category=48 or click here

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CLE UPDATES

 

SEARCHABLE INDEX OF PAST NCLE PRESENTATIONS

Click here for a searchable index of past NCLE presentations. Seminar Manuals may be purchased at the NSBA store. Selected individual articles may also be purchased at the NSBA store. If you wish to obtain an article that is in the index but not in the NSBA store, just contact NCLE directly.

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EDUCATIONAL OPPORTUNITIES AT NCLE

There is still time to register for the March 9 Estate Planning and Probate Seminar, to be held at the Cornhusker Hotel in Lincoln. Make your plans now! No risk. If you register and cannot attend, a full refund is available to you. Hear the latest on Federal and State caselaw, ethics, second homes, estate planning documents, Medicaid developments, trusts, estate tax, voice recognition software, charitable gifts, and jurisdiction issues! To register online, go to http://www.nebar.com/store/category.asp?category=48 or click here

NCLE offers a catalog of past and upcoming Audio telephone seminars. Past seminars are available on CD ROM and cost $79. If you would like to listen to the upcoming seminars live, the cost is $89. All live broadcasts are at noon, Central Time on their appointed date. Click here to view or print out the catalog, organized by subject area. To register or order, contact kbellman@nebar.com or at 402-742-8131.

For mediators: Click here to view the Heartland Regional Conference of Mediators brochure, conference to be held in Olathe Kansas, April 19-20, 2007. Contact the Nebraska Association of Mediation Centers or the Conference planners for more information.

Mark your calendar for the 18th Annual Commercial Real Estate Workshop, April 13, Qwest Center, Omaha. Click here for additional information.

Young Lawyers Section Practice Seminar March 16, 2007: Plan to Attend! Click here for additional information.

Nebraska Criminal Defense Attorneys Association Seminar March 2, 2007.: The topic is Avoiding Pitfalls in Defending Abuse Cases with Richard Lougee as the keynote speaker. Walk in registrations are welcome. Registration is at 8:15 a.m. at the Holiday Inn Downtown and it adjourns at 4:30 p.m.. Cost is $135 for NCDAA members and judges and $190 for non-members. Call Helga Kirst at 476-1253 to register.

Sign up now for the Legal Career & Practice Development Conference on March 5 – 10, 2007. Click here for additional information.

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RESOURCES

FREE "RISK ASSESSMENT" FROM MARSH AFFINITY GROUP SERVICES

Sharing office space with other attorneys. Is this a good idea? From an economic standpoint cost sharing on rent, supplies and support personnel is a valid reason for sharing office space.
You should also ask if this is good for your practice. Can you maintain client confidentiality? What if you and your office sharing partner on opposite sides of the same matter? How could my Professional Liability insurance be affected?

The Counsel for Discipline of the Nebraska Supreme Court has reviewed this matter on several occasions. In a summary of Advisory Opinion 89-2, the following criteria was considered acceptable:

1. The attorney shall keep a secure file system, only accessible to the attorney and the attorney's staff.
2. The attorney shall keep a secure computer system, only accessible to the attorney and the attorney's staff.
3. No secretary be allowed to work on the same case for both parties.
4. All common parties be informed and consent from all parties is obtained.

Many of the Professional Liability policies written in Nebraska contain wording or endorsements that make it clear the insurance contract only covers the Named Insured, not their office sharing attorneys. This is an extra level of protection so you are not drawn in as a "deep pocket" in a
case your office sharing attorney created. Sharing letterhead, signage on
the building and answering the telephone can create confusion to the public. You should also make certain that the public's perception of your
office arrangement is clear.

For more information on this topic, contact Mary Whisenand or Bryan Brown of Marsh Affinity Group Services at
1-866-236-6582 or through the NSBA website at www.nebarinsurance.com.

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PRACTICE TIP

When you are preparing a witness to testify, there are certain things you can and can't encourage the witness to do. What are they?

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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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