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

E-COUNSEL --Tuesday, August 21, 2007

ARTICLES

NSBA NEWS

CLE UPDATES

RESOURCES
Articles

THE NEW FEDERAL RULES ON E-DISCOVERY: THE FIRST 180 DAYS

Now that we have some perspective on the Federal Rules of Civil Procedure, what impact has it had in the last six months? In this roundtable, experts in electronic discovery discuss their experiences with the new rules and what they anticipate for the future...............(more)

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HAPPY FATHER'S DAY AUGUST EDITION

Some of the greatest lessons in life and law are learned from fathers – or father figures. Commemorating the great mentors in his life, Stewart Levine shares some fatherly advice related to the practice of law and the management of legal institutions.............(more)

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NSBA NEWS

NEW GUIDELINES FOR GUARDIANS AD LITEM FOR JUVENILES IN JUVENILE COURT PROCEEDINGS

Guidelines for Guardians Ad Litem for Juveniles in Juvenile Court Proceedings were adopted by the Nebraska Supreme Court on July 18, 2007.

You can view the full set of guidelines on the Judicial Branch Web site on the ‘Rules’ page: http://court.nol.org/rules/index.shtml under “Juvenile Matters” or go directly to the guidelines at: http://court.nol.org/rules/pdf/GAL_Guidelines.pdf

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REGGIE RYDER OF LINCOLN TO LANCASTER COUNTY JUVENILE COURT

Gov. Dave Heineman today announced his appointment of Reggie Ryder of Lincoln to serve as a judge for the Separate Juvenile Court of Lancaster County, which handles the majority of cases
involving minors in Lincoln and Lancaster County.

“Reggie cares about the well-being of our children,” Gov. Heineman said. “His extensive knowledge of the juvenile justice system will serve Lincoln and Lancaster County well in his new role as a juvenile court judge. I am pleased that he is open to new ideas that benefit children and that will
allow the Juvenile Court to be more responsive to the needs of families.”

“I am very excited about being selected by Governor Heineman,” said Ryder. “I am extremely honored and grateful for all of the support and encouragement that I have received during this process. I look forward to continuing my involvement with the children and their families of Lancaster County in my new role as a Juvenile Court Judge.”

Ryder, 35, has spent the majority of his legal career working in juvenile law. Most recently, he has served as a Lancaster County Public Defender, representing juvenile cases ranging from truancy concerns to instances of parental abuse and neglect. He has handled more than 3,000 Juvenile Court cases since joining the public defender’s office in 1998. Ryder has been an active member of
Lancaster County’s Juvenile Drug Team since last year.

Prior to joining the Lancaster County Public Defender’s Office, Ryder was an attorney with Anderson & Lepant, P.C., in Beatrice. In addition to juvenile law, his duties included criminal, civil, divorce and personal injury cases in the District and County Court of Gage County.

Ryder is a graduate of the University of Nebraska at Kearney and the University of Nebraska-Lincoln College of Law. He has been a member of the American Bar Association, Nebraska Bar Association, Lincoln Bar Association, National Association of Trial Lawyers and the Nebraska Criminal Defense Attorneys Association.

Ryder has served in a variety of community leadership and service positions including the Nebraska Coalition for Juvenile Justice, Lancaster County Juvenile Detention Center Advisory Committee, and the Juvenile Court Collaboration Project. He has served as an expert panel member for the Lancaster County Court Appointed Special Advocate training program, and is a volunteer with local YMCA youth
sports programs

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WILLIAM WRIGHT OF KEARNEY TO NINTH JUDICIAL DISTRICT JUDGESHIP

Gov. Dave Heineman today announced his appointment of William Wright to serve as a district court judge for the Ninth Judicial District, which includes Hall and Buffalo Counties. Although Judge Wright will be headquartered in Buffalo County, Gov. Heineman expects Wright will spend approximately 65% of his time in Buffalo County and 35% of his time in Hall County.

“Mr. Wright’s extensive legal career lends valuable experience to his new role as District Court Judge,” Gov. Heineman said. “I am confident that he will serve the counties of Hall and Buffalo very well as he spends his time working with the people in this district.”

For 21 years, Wright, 57, has been a partner at Jacobsen, Orr, Nelson, Wright & Lindstrom law office in Kearney, with experience in defense litigation and tort claims ranging from general and automobile negligence to premises and products liability. His work also focused on defense of employers, political subdivisions, governmental entities, police officers, and alleged violators of fair employment laws. From 1978 to 1986, Wright was a partner at Parker, Grossart, Bahensky & Wright in Kearney.

Wright is an active member of the Nebraska Bar Commission, having been appointed by the Nebraska Supreme Court in 2001. He is a member of the American Bar Association.

Wright said, “I feel very fortunate to be chosen for this position. The Governor could not have made a bad decision. All four candidates were highly qualified and I was honored simply to be among them.”

Wright graduated from the University of Iowa in 1970 and entered the U.S.
Army as a commissioned officer. He served four years. He received his law degree in 1977 from the University of Nebraska – Lincoln College of Law.

Wright has been a volunteer for several community groups including Habitat for Humanity, the Knights of Columbus, Saint James Chapter of Kearney, and the Kearney Literacy Council. He is also a former board member for the Kearney Catholic High School Foundation Board and the Kearney Catholic High School Activities Association.

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GOVERNOR'S WEEKLY COLUMN - NEW TOOL IMPROVES ACCOUNTABILITY

Dear Fellow Nebraskans:

The division charged with improving services for vulnerable children and families within the new Nebraska Department of Health and Human Services recently unveiled a new tool to help Nebraskans track our performance in serving children in need throughout our state.

The Division of Children and Family Services has taken a significant step toward improving accountability and transparency by launching a new interactive website that tracks progress when it comes to improving Nebraska’s child welfare system.

Officially known as Children’s Outcomes Measured in Protection and Safety Statistics, but better known as COMPASS, this program makes it easy to see what’s happening with our foster care and child welfare system.

The COMPASS site is updated monthly, and allows anyone to dial-up the most current data tracking the work of the Division of Children and Families.
Because we work closely with Nebraska courts on every child welfare case, information can be displayed according to specific judicial districts or by geographic region. The site also tracks performance in key areas identified as priorities by both state and federal agencies.

In recent years the federal government has begun measuring each state’s child welfare system according to a list of performance measures. Regular reviews are done to track progress in achieving safe outcomes for children and success in developing stronger families. Nebraska was last reviewed in
2002 and just as in other states; there was considerable room for improvement. A follow-up review is scheduled for next year and I have made it a priority that we show clear improvement over the 2002 review.

The launch of the COMPASS site is a turning point because it is the first time this level of detail has been made available on the performance and achievements of the Division of Children and Family Services. It demonstrates our willingness to share information in an open and honest way – regardless of whether it shows success or the need for improvement.

Now and in the coming year, the entire Division of Children and Family Services will be focused on strengthening performance in several key areas of the federal review, including: achieving stable placements for state wards, ensuring the safety of children while in foster care, reuniting children with their families, completing adoptions within a reasonable time frame, and helping ensure that children do no re-enter the system. The status of each of these measures is reflected on the new COMPASS site.

The COMPASS project is the result of improved collaboration between the Department of Health and Human Services and our courts, and I want to express my appreciation to all those in our judicial branch who are helping improve service to children and families.

I encourage anyone with an interest in these issues to visit the COMPASS website, available online at http://www.dhhs.ne.gov/compass, and to help track our progress in the year ahead.

We are in the midst of a major improvement effort and this new tool will help make our progress more accessible to all Nebraskans by demonstrating improvement in our efforts to provide opportunities for children to grow to their fullest potential here in our great state.

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LEGAL SELF-HELP DESK PILOT PROJECT UNDERWAY IN LANCASTER COUNTY

A new Legal Self-Help Desk opened in the Lancaster County Courthouse located next door to the Clerk of the District Court’s office on July 2, 2007. The office is designed to provide legal information to individuals who are not able to retain the services of an attorney for representation in civil matters before the courts.

“While the Self-Help Desk is not a substitute for representation by a lawyer, the reality is that many individuals appear in court unrepresented by legal counsel. Most of these people have few or no resources to hire an attorney. They attempt to navigate the court system on their own without correct information and with an incomplete understanding of the workings of the court system. The Self-Help Desk will make available correct and current information on Nebraska law and court proceedings in family law matters such as divorce, child custody, support, and visitation” said Court of Appeals Judge Richard D. Sievers, Chairperson of the Nebraska Supreme Court Pro Se Committee.

The Self-Help Desk is located off the Jury Lounge on the third floor at the Lancaster County Courthouse at 575 South 10th Street in Lincoln and is open Mondays from 10:00 a.m. to 2:00 p.m., Wednesdays from 9:00 a.m. to 1:00 p.m., and Thursdays 12:00 to 4:00 p.m. No legal advice is provided, only legal information. The Lancaster County Self-Help Desk houses a small library of legal resources including manuals and brochures specific to Lancaster County.

“We are particularly pleased that Lancaster County has been selected as the first site in the state for this type of legal self-help center. The high level enthusiasm shown by volunteer lawyers from Lancaster County who will provide most of the staffing as well as Legal Aid of Nebraska and the Nebraska State Bar Association is critical to the success of this project,” said Judge Karen Flowers. “We thank them, as well as Sue Kirkland, Clerk of the District Court, and her staff for their time and effort on this project which is designed to facilitate citizen access to the judicial system.”

The effort to establish a Self-Help pilot project began in November of 2006 as an initiative of the Nebraska Supreme Court Committee on Implementation of Pro Se Litigation, chaired by Sievers. A partnership between Legal Aid of Nebraska and the Nebraska State Bar Association evolved to operate the Self Help center under the supervision of the Committee as an 18 month pilot project. Legal Self-Help Centers have been well established in many other states across the country by Court Systems and Bar Associations to deal with the challenges presented to courts and court staff by the increasing number of self-represented litigants in America’s courts.

For additional information, please contact:

Honorable Richard D. Sievers, Nebraska Court of Appeals and Chair of the Nebraska Supreme Court Committee on the Implementation of Pro Se Assistance, 402-471-3732.

Jean McNeil, Nebraska State Bar Association Director of Legal Services and Self-Help Desk Coordinator, 402-475-7091, or

Jen Gaughan, Legal Aid of Nebraska Managing Attorney, 402-435-2161.

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


September 7 is the deadline 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 2007 nomination form is now on-line at: www.supremecourt.ne.gov/community/distinguished-judge/index.shtml.

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.

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THIRD ANNUAL LEGAL DIVERSITY SUMMIT

The third annual legal diversity summit is scheduled for September 14th at the Doubletree Hotel in Omaha. You may register at http://www.nelegaldiversity.org. For additional information, please click here.

THANK YOU TO OUR SPONSORS!!

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NSBA ANNUAL MEETING

The NSBA Annual Meeting is scheduled for October 17-19, 2007 at the Cornhusker Marriott hotel in Lincoln. There are many exciting speakers this year. Click here for additional information.

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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

Check out the upcoming seminars in September. On September 11th is the Half day Parenting Plan Seminar, on September 14th is the Annual Real Estate Seminar and on September 21st is the Adoption Seminar.

Also, don't forget to sign up for the lunch and learn noon program in Lincoln on August 30th.

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

Don't have time to go to a seminar in person? Try online CLE through NCLE and Legal Span. Click here for additional information...

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RESOURCES

ENGAGEMENT CHECKLIST

LETTER USAGE:

Providing your clients with written documentation of your scope of representation, fee, billing practices and periodic updates on their legal matter have been advised by the professional liability industry for many years. Now the Nebraska Rules of Professional Conduct support this risk management practice in several ways. Communicating clearly and concisely with your clients is the best risk management tool you have in your practice.

RULE 1.5 FEES
(b) The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation, except when the lawyer will charge a regularly represented client on the same basis or rate. Any changes in the basis or rate of the fee or expenses shall also be communicated to the client.

RULE 1.18 DUTIES TO PROSPECTIVE CLIENTS [8] Notice, including a general description of the subject matter about which the lawyer was consulted, and of the screening procedures employed, generally should be given as soon as practicable after the need for screening becomes apparent.

The Nebraska State Bar Lawyers' Professional Liability program administered by Marsh provides the following checklist to guide you in developing a comprehensive engagement letter. For sample letters or further information on this topic, please contact Bryan Brown or Mary Whisenand at 1-866-236-6582 or visit the NSBA insurance website at www.nebarinsurance.com.

For more information on the NSBA endorsed insurance plans, please contact Mary Whisenand or Bryan Brown at 1-866-236-6582 or at mary.whisenand@marshpm.com and bryan.brown@marshpm.com.

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