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

E-COUNSEL --Wednesday, June 20, 2007

ARTICLES

NSBA NEWS

CLE UPDATES

RESOURCES
Articles

SKYPE TO THE RESCUE

$5 per minute calls to the US are now a thing of the past. The technology is now widely available to establish a voice connection with anyone in the world via the Internet..............(more)

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FORGOTTEN COLLEAGUES

In recent decades, law firms have hired more women and people of color, but are they leaving out those with disabilities? Opening the doors to the entire pool of available talent takes more than honest intentions. Here, Michael Greco provides the steps to improve your firm's hiring process and promote equality in the profession............(more)

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NSBA NEWS

ANNUAL YLS GOLF SCRAMBLE

This year's YLS Golf Scramble will be held at Tregaron Golf Club of Bellevue on Friday, July 27, 2007. The $75 golfer fee includes range fees, cart, prizes, dinner and 2 drink tickets. Click here for the registration form.

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RULES FOR MANDATORY LEGAL EDUCATION FOR NEBRASKA LAWYERS

Comments are requested on the proposed Rules Relating to Continuing Legal Education for attorneys admitted to the practice of law in Nebraska.

To review the proposed rules and the Nebraska State Bar Association's petition, go to the Judicial Branch Web site at:
http://court.nol.org/rules/index.shtml

Comments are needed no later than August 1, 2007 in writing to the office of the Clerk of the Supreme Court and Court of Appeals, P.O. Box 98910, Lincoln, Nebraska 68509-8910, or via e-mail to lasmussen@nsc.state.ne.us

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CHARITABLE FUNDS INC. UPCOMING EVENTS

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


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.

THANK YOU TO OUR 2007 SPONSORS FOR THE ELEVENTH ANNUAL VLP GOLF SCRAMBLE!!

If you or your members are interested in further information on this event, please contact Sam Clinch at 800-927-0117, ext. 25.

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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 Supreme Court Courtroom, Room 2200, State Capitol Building, 1445 K Street, Lincoln, Nebraska, beginning at 9:30 a.m. on Tuesday, July 10, 2007. At the hearing, the Commission will receive information on the qualifications of candidates to fill the new judgeship position created by LB 377.

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.supremecourt.ne.gov/forms/supreme-court-judicial-vacancy.shtml.
Completed applications must be returned no later than 5:00 p.m., Tuesday, June 19, 2007, 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.supremecourt.ne.gov/commissions/jnc-juvl-roster.shtml.

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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FRASER STRYKER AWARDS DIVERSITY SCHOLARSHIPS

Fraser Stryker has announced the recipients of the 2007 Fraser Stryker Diversity Scholarship Program. The purpose of the Scholarship Program is to provide college tuition assistance and paid internships at the firm for students of African-American, Asian, Latino and Native-American origins from low-income families in the Omaha metro area. Scholarships are for students who are interested in a career in law. Each scholarship will be in the amount of $2,500 per academic year.

The two scholarships recipients are Yvonnda Summers, graduate of Millard South High School and Divine W. Shelton, graduate of Northwest High School. Both graduates are attending Creighton University in the fall of 2007.

Yvonnda Summers is the daughter of Monique and Otis Cooper of Omaha. Yvonnda was a Senior Class Board Member, National Forensic League Executive Board Member, Forensic Class Officer and a Douglas County Teen Court Peer Judge at Millard South High School. She also was a member of the National Honor Society, Silver and Bronze honor Roll and placed first in the Forensics Speech Time. Yvonnda’s intended University major is Pre-Law, Political Science.

Divine W. Shelton is the son of Pamela Alston and Clifton Shelton of Omaha. Divine was the Senior Class President, Charter Member of the African American Leadership Association and on the Varsity track team at Northwest High School. He was also a member of the National Honor Society, Northwest Honor Roll and Who’s Who Among High School Students. Divine’s intended University Major is Pre-Law, Political Science with a Public Policy emphasis.

Fraser Stryker is hosting a reception for the scholarship recipients, their families and employees of the law firm on Wednesday, June 13, 2007 at 5:30pm in the OPPD atrium at 409 South 17th Street. Formed in 1898, Fraser Stryker has grown to become a nationally recognized law firm of 50 lawyers who represent local, national and multinational clients in complex business transactions and litigation matters. Fraser Stryker attorneys participate actively in a wide array of community organizations.

For more information on the Fraser Stryker Diversity Scholarship Program, please visit www.fraserstryker.com.

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GAL TRAINING SCHEDULE/REGISTRATION INFORMATION

Registration and schedule information is now available for mandated training for guardians ad litem in abuse and neglect cases. Information is available on the website of the /Through the Eyes of the Child/ Initiative ( www.throughtheeyes.org ).

Victoria Weisz, M.L.S., Ph.D.
Research Professor
Center on Children, Families, and the Law University of Nebraska - Lincoln
121 S. 13th St. Suite 302
Lincoln, NE 68588-0227
telephone: 402-472-9814
fax: 402-472-8412
e-mail: vweisz1@unl.edu

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LAW SCHOOL DEAN NAMED VICE PRESIDENT FOR ACADEMIC AFFAIRS AT CREIGHTON

Creighton University School of Law Dean Patrick J. Borchers, J.D., has been named vice president for Academic Affairs at Creighton. His term is effective July 1, 2007. He replaces Christine Wiseman, J.D., who was named provost of Loyola Chicago.

Borchers has served as law dean for eight years. From 1990 to 1999, Borchers was a faculty member and an associate dean at Albany Law School in New York. Prior to that he was in private law practice in California and also served as a law clerk for the Hon. Anthony M. Kennedy, now an Associate Justice of the U.S. Supreme Court.

Under his leadership applications to Creighton’s law school have more than doubled and the school has won several regional and national trial skills, negotiating and moot court competitions. During his tenure the school has hosted the Hon. Clarence Thomas of the U.S. Supreme Court as a visiting professor every other year.

The law school was awarded it’s first federal grant from the U. S. Agency for International Development which is being used to study resolution of property claims involving Cuba. Borchers, an international expert in conflict of laws, is leading a cross-disciplinary team of six faculty and seven students working on the project.

In 2005, a $4 million gift from the family of C.L. Werner, founder of Werner Enterprises, helped establish the Werner Institute for Negotiation and Dispute Resolution which enrolled almost 50 master’s students in its first year.

The law school also received a U.S. Department of Justice grant to create a Community Economic Development Clinic, which is committed to encouraging economic growth and stability within under-served communities in Nebraska, while providing third-year law students a clinical experience.

In 2005, a $4 million gift from the family of C.L. Werner, founder of Werner Enterprises, helped establish the Werner Institute for Negotiation and Dispute Resolution which enrolled almost 50 master’s students in its first year.

Borchers received his law degree from the University of California, Davis, in 1986. In 1983 he earned a bachelor of science degree in physics from Notre Dame, where he was a Rhodes Scholar nominee. Borchers is the author of four books and more than 50 law review articles. He serves as co-chair of Omaha Mayor Mike Fahey’s task force on public safety and on the board of Catholic Charities.

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THE LANCASTER COUNTY SELF HELP DESK

A joint project of Legal Aid of Nebraska and the Nebraska State Bar Association will open July second. The Self Help Desk is in need of volunteers willing to spend a couple of hours giving information and limited advice to self-represented litigants. Initially the Self-Help Desk will focus on domestic relations matters.

The Self Help Desk will be opened Monday, Wednesday and Thursday.

To find out more about this pilot project, please contact Jean McNeil at 475-7091 or jmcneil@nebar.com.

Thank you for your consideration.

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

According to Supreme Court Justice Kenneth C. Stephan, the Judicial Nominating Commission for District Judge in the 9th Judicial District (consisting of Buffalo and Hall Counties) will hold a public hearing in District Courtroom No. 1 at the Buffalo County Courthouse located at 1512 Central Avenue in Kearney, Nebraska, beginning at 10:00 a.m. on Tuesday, July 24, 2007. The Supreme Court has determined that either Buffalo County or Hall County is acceptable as a primary office, because in order to provide maximum service to all areas of the judicial district, the judge will be required to sit in both counties. Accordingly, the final choice of the location of the primary office shall be left to the judge appointed to fill the vacancy. At the hearing, the Commission will receive information on the qualifications of candidates to fill the new judgeship position created by LB 377.

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.supremecourt.ne.gov/forms/supreme-court-judicial-vacancy.shtml.
Completed applications must be returned no later than 5:00 p.m., Tuesday, July 3, 2007, 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.supremecourt.ne.gov/commissions/jnc-ccdc9-roster.shtml.

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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LEO DOBROVOLNY OF ALLIANCE APPOINTED TO TWELFTH JUDICIAL DISTRICT JUDGESHIP

Gov. Dave Heineman announced his appointment of Leo Dobrovolny to serve as a district court judge for the Twelfth Judicial District of Nebraska, which includes the counties of Banner, Box Butte, Cheyenne, Dawes, Deuel, Garden, Kimball, Morrill, Scotts Bluff, Sheridan, and Sioux.

“Mr. Dobrovolny’s experience in both the public and private sector will serve him well in this new role,” Gov. Heineman said. “The fact that he has spent his entire legal career representing those in western Nebraska gives me confidence that his familiarity and expertise will benefit residents in this part of our state for years to come.”

In addition to maintaining a private practice in Alliance for more than 20 years, Dobrovolny, 51, served as a deputy in the Box Butte County Attorney’s Office from 1985 to 1988 and has served as city attorney for Alliance since 1989. Starting in 1980, he served in the Box Butte County Public Defender’s Office while working as an attorney at Sampson and Forney, where he became a partner in 1982.

He was selected to serve as the special prosecutor in a grand jury investigation in 2005, and was chairman of the Box Butte County Mental Health Board from 1998 to 2003. In addition to his 27 years of legal experience, Dobrovolny has been a member of the Alliance Volunteer Fire Department since 1993, where he has held several leadership roles.

Dobrovolny said, “I am very excited to have this opportunity to continue my public service. I appreciate the Governor’s confidence in me and the support I’ve received from the local community. As a judge, my first priority will be to fairly and efficiently administer the laws of Nebraska for all parties.”

He graduated Magna Cum Laude from Wayne State College in 1977 with a bachelor’s degree in history and political science, and received his law degree in 1980 from the Creighton University School of Law.

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CHILD SUPPORT GUIDELINE AMENDMENTS

The amendments to the Nebraska Child Support Guidelines have been posted to the "Rule Amendments" section of the Rules page:

http://court.nol.org/rules/amendments/ChildSupportRuleAmds.pdf

The rules themselves, located in the main portion of the Rules page will not be updated nor will the separate worksheets and table in the Forms section, until the effective date of July 1, 2007.

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JEFFREY FUNKE OF NEBRASKA CITY APPOINTED TO SECOND JUDICIAL DISTRICT JUDGESHIP

Gov. Dave Heineman announced his appointment of Jeffrey Funke to serve as a county court judge for Nebraska’s Second Judicial District, which includes Cass, Otoe and Sarpy Counties.

“Mr. Funke’s experience in the public and private sectors will suit him well in this new role,” Gov. Heineman said. “I appreciate the interest he’s shown in continuing his public service to the residents of the second judicial district.”

Funke, 38, began his legal career working at Nelsen Law Office in Nebraska City from 1994 to 1997. During that time, he also worked as a deputy public defender for Otoe County.

In 1997, he became a partner with Hoch, Funke and Kelch law firm, now Hoch, Funke and Partsch, and served as a deputy county attorney for Otoe County, becoming the Otoe County Attorney in 2005.

He held elected office from 1996 to 2002 as a member of the Nebraska City Airport Authority Board. He was president of the Second Judicial District Bar Association in 1999 and led the Otoe County Bar Association from 1995 to 1996. He is currently vice president of the Friends of Arbor Lodge Foundation and has been secretary of the Morton James Public Library Foundation since 1997.

Funke said, “I’m very excited to be able to serve the public in this judicial capacity, and am honored by both the Governor’s confidence in me and the support I’ve received from the community. I will strive to impartially and efficiently perform the duties of county judge for all those who come before the bench.”

He received a business degree from the University of Nebraska – Lincoln (UNL) in 1991 and graduated with honors from the UNL College of Law in 1994.

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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

NCLE returns to Mahoney State Park on THURSDAY JUNE 28 for a full day Employment Law Seminar, sponsored by NSBA’s Labor and Employment Law Section. Click here to view the brochure.

The NSBA Family Law Section and NCLE are proud to offer another Annual Family Law Update, in Omaha on JULY 13 at the Scoular building. Click here to view the brochure.

Mark your calendar for FRIDAY, SEPTEMBER 14 for the Annual Real Estate Seminar, sponsored by the NSBA Real Estate Probate and Trust Law Section. The program this year will be at the Embassy Suites in Lincoln. Accreditation from the Real Estate Commission, Department of Insurance, Abstracters Board and Appriasers Board is pending. Click here to view the brochure.

In addition, NCLE is offering a number of convenient, noon-hour telephone seminars June through August. You can register to participate in the live telephone seminar or choose to receive the audio CD ROM. See the listings here

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SOLO AND SMALL FIRM CONFERENCE

NCLE is pleased to report that the first (in a long time) Solo and Small Firm Conference was much appreciated by those attending. The 1 ½ day conference at Eugene Mahoney State Park featured an opportunity for families to enjoy summer recreation while hardworking moms and dads attended the conference sessions. Presentations ranging from “Beyond the Billable Hour” and “Ethical Marketing” to substantive workshops in real estate, family law, estate planning and probate, ethics, and DUI were all well-attended. In addition, technological issues such as disaster planning, electronic storage of data, and effectively finding resources on the internet were all covered.

If you missed the program this year, you will be able to access the programming soon through our LegalSpan affiliate at www.nebar.com. If you are a solo practitioner or practice in a small law firm, please watch for upcoming programs in the future. A special thanks to planning committee members Brandie Fowler, Brad Kutilek, William Lindsay, William Olson, Mike Dunn, Warren Whitted and all of the 25 or so speakers at this year’s conference. Great work!

Also thank you to the sponsors who helped make this conference possible: Marsh Affinity Group, Tabs3/PracticeMaster,Thomson West, eFrame, Focus Solutions, Wahltek, Inc., Legal Aid of Nebraska, NASD, EndowNebraska and the Charitable Tax Credit

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RESOURCES

HOW WELL DO YOU KNOW YOUR MALPRACTICE INSURANCE?

All insurance carriers offer the same coverage features. FALSE. While most of the insurance policies appear to provide the same basic contractual features such as an insuring agreement, exclusions and conditions the extent of coverage can vary significantly from one policy to another. During the very competitive past decade, lawyers have been given a choice of how their deductibles are paid, how claim expenses affect their limits and broad prior acts coverage. Insurance companies have used these features to distinguish themselves in the market. As the market changes, however, firms may see a reduction in the choices they are offered.

For more information on Lawyers' Professional Liability Insurance or other risk management questions, please contact Bryan Brown or Mary Whisenand at 1-866-236-6582 or on-line at www.nebarinsurance.com.

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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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