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NSBA
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E-Counsel is available to members of the Nebraska
State Bar at no additional charge.
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![]() E-COUNSEL --Thursday, September
13, 2007
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| Articles |
BUSINESS
CONTINUITY PLANNING IN SMALL LAW FIRMS
Downtime can have
an almost immediate impact on the long-term financial viability
of a small firm. Limited resources in both money and manpower
to build application and data recovery solutions, remote access
systems, and alternate workspace can make recovery of a smaller
firm problematic. The good news is that modern technology and
a little creativity can help a firm of any size build a business
continuity capability...............(more)
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SURFING THE
NET IS NOW WORK FOR LAWYERS
When a Minnesota
doctor recently saw a young patient with an unusual bulging
eye, he had no trouble finding multiple experts to consult
with him right away about the case. Dozens of physicians offered
suggestions via a social networking site exclusively for physicians.............(more)
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| NSBA
NEWS |
PUBLIC INFORMATION
AVAILABLE THROUGH NEBRASKA COURTS
Click
here to find an extended essay for Nebraska state court judges
of all levels, journalists whose work assignments require them
to
access court records, and clerks of all Nebraska courts -- an
audience possessing a fairly wide range of legal sophistication
and court-related background. The second piece is a checklist
outlining items that must be released upon request. Our appreciation
to Judge Alan G. Gless for this information.
Click
here to review the civil case applellate standards of review
by Judge Alan G. Gless
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THE
NEBRASKA APPLESEED CENTERS GOOD APPLE DINNER
The Nebraska Appleseed Board of Directors cordially invites
you to the Good Apple dinner. Join us as we present the Equal Justice
Award to Nebraska Appleseed Founder and former Executive Director
Milo Mumgaard.
The dinner is Wednesday, September 26th at the Ironwood Country
Club at 12627 Pacific St in Omaha, Nebraska. Cocktails are at
6:15 p.m. and dinner is at 7:00 p.m. Click
here for additional
information.
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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 |
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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
September 21- NCLE Adoption Law in Nebraska - Live Seminar
Susan K. Sapp,
Planning Chair. Topics to be covered include, review of recent adoption cases,
LB 247
birthfather provisions, working with other professionals, assisted reproduction
and birth certificate issues, international adoptions and the Hague convention,
due diligence issues, and ICWA and the adoption of state wards. Click
here for
additional information or here to register
online
September 21- Interstate Family Law Issues – Live Webcast
The practice of family law has become increasingly challenging
in recent years. Lawyers who serve clients in these often emotional
and complex legal matters are faced with issues governed primarily
by state law and procedure. Increasingly, however, other, non-state
specific, issues, economic matters and emerging torts have taken
on greater importance. In addition, ethical quandaries seem to
be around every corner. This program is sponsored by Business
Professionals' Network, Inc. and the CLE Options Network in conjunction
with Nebraska Continuing Legal Education. Click
here to register
November 9 - NCLE Workers Compensation Law Update 2007 – Live
Seminar
Workers Compensation 101 – back by popular demand – aimed at
lawyers new to the field – follwoed by the regular program inclduing
AMA guidelines to permanent impairment, loss of earning power,
retaliatory Discharge,Medicare Set-Asides,Temporary Total Disability
Running Awards, View from the Bench, and more. Click
here to review the brochure and register
November 16 - NCLE
Attorneys MasterClass Featuring Dustin
Cole - Live Seminar
Building the Million-Dollar Practice - 8:00 Am – 5:00 PM – Friday
November 16 and Law Practice Phase Two - Building a Plan for
the Next Era of Your Career - 8:00 AM – Noon November 17
NCLE Telephone
Seminars in September.
Listen to the live
program via telephone or order the audio CDs to listen to any
time. Materials provided with either purchase.
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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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