Gender Bias in the Legal Profession Survey
In partnership with the Law Practice Management Section and the Women in the Law Section, the Nebraska State Bar Association is seeking information about lawyers’ experiences with gender-based inappropriate conduct, harassment, discrimination or biased-behavior in workplace and other venues where our members practice law in Nebraska. It is extremely important that the legal profession be at the forefront of creating workplaces free from gender-based inappropriate conduct, harassment, discrimination or other biased behavior, including behavior based on any protected or other status. Please take a few minutes to complete this short, eleven-question survey by August 1, 2018. Your response will be anonymous. Here is the survey link: https://www.surveymonkey.com/r/genderbiasNElegalprofession
Just What New Associates Need
NSBA offers practice manuals on a variety of basic topics—just the sort of resources new associates need to answer basic questions. Manuals include The Red Book, Probate, Civil Practice and Procedure, Adoption, Appellate Practice and the Evidence Handbook. See descriptions, tables of contents and order online through the NSBA Store. Be sure to log in for discounted NSBA member pricing.
2018 Health Law Update
Thursday, July 26, 2018
3:00 PM – 4:30 PM
Hruska Law Center, Lincoln
1.5 hours of live and distance learning CLE
Please join the Health Law Section on July 26 for a health law update and networking reception. Bill Mueller and Bub Windle, both of Mueller Robak LLC, will provide lawyers with an overview of the 2018 Legislative Session and what to expect during the 2019 Legislative Session. Followed by Christine F. Delgado, Brown & Brown, and Erin Pemberton, Wolfe Snowden Hurd Luers & Ahl, LLP, who will provide lawyers with an overview of recent case law and how it will affect legal and compliance practices in health care.
REGISTER HERE: https://www.nebar.com/events/EventDetails.aspx?id=1098847&group=
Juvenile Law Seminar: Reflective Practice & A Developmental Framework for Representation of Youth
Friday, August 10, 2018
9:00 AM – 4:45 PM
North Platte Community College (North), North Platte
6.5 hours of live CLE, including 2 hours of ethics
3 hours of GAL credit
***6.5 Hours of Live CLE in North Platte****
***2 hours ethics, 3 hours GAL***
***$165 - NSBA dues-paying members, $210 - regular registration***
This CLE developed in collaboration with UNL Center on Children Families and the Law provides GALs and juvenile law attorneys with quality training to ensure high-quality and meaningful representation of youth.
Join us in North Platte where Jennie Cole-Mossman, Nebraska Resource Project for Vulnerable Young Children, and Tana Fye, Fye Law Office, will speak on how reflective practice can make you a better GAL and lawyer, including how lawyers can improve communication when interviewing and counseling their clients. Christine Henningsen, UNL Center on Children Families and the Law, and Amanda M. Speichert, Lindemeier & Dawson, will speak on interviewing youth and advocating effectively for youth at disposition hearings. Amoreena Brady, Nebraska Office of Probation Administration, will speak on the graduated response matrix used by juvenile probation.
REGISTER HERE: https://www.nebar.com/events/EventDetails.aspx?id=1130561&group=
Emerging Issues and Hot Topics in Animal Law: Legislation & Litigation
Wednesday, August 29, 2018
1:00 PM – 4:45 PM
Scott Conference Center, Omaha
3.5 hours of live and distance learning CLE
Animal law cases have garnered significant attention over the last couple of years, touching on issues of administrative and criminal law and “service animal” vs. “emotional support animal.” The practice of animal law is an emerging issue and is prevalent in the practice of criminal, juvenile, family and employment law. This CLE was developed to provide lawyers and animal advocates with an overview of the emerging issues and hot topics in animal law. [Non-attorneys who would like to attend the CLE program may do so at a reduced cost. To register as or for a non-attorney, just call our office at 402-475-7091.]
Katie Bray Barnett, Barnett Law Office LLC, has traveled the country speaking and working with animal shelters and local governments, including training law enforcement. Katie will discuss developments in animal law for local governments, including breed specific ordinances, pre-conviction forfeiture of animals and canine-law enforcement encounters.
Michael J. Elsken, Staff Attorney for Disability Rights Nebraska, will address the law as it applies to an individual’s use of a “service animal” and “emotional support animal” and when such animal is provided legal protection under the law.
Tannaz Kouhpainezhad, Husch Blackwell, will discuss how to handle animal abuse and neglect cases in such a manner so as to render long-term benefits, particularly because studies show that animal cruelty is a predictor of future criminal behavior with juvenile crime and domestic violence. Prior to joining Husch Blackwell, Tannaz was a Deputy Attorney General with the California Department of Justice where she handled animal welfare cases, taught Animal Law at Loyola Law School and, in 2011 was named one of the nation’s “Top Ten Animal Defenders” by the Animal Legal Defense Fund.
REGISTER HERE: https://www.nebar.com/events/EventDetails.aspx?id=1117877&group=
Recent Supreme Court Opinions
Week of July 13, 2018
Week of July 6, 2018
For a complete listing of recent opinions, visit the Nebraska Judicial Branch Website.
Finding the Most Effective Courtroom Persona
By Jay Kim, Originally Published in ABA Law Practice Today
What is the first image that people conjure up when they think of a lawyer? Chances are they will think about the characters, depending on the generation, in Suits, Better Call Saul, Law & Order, or L.A. Law. With these portrayals of lawyers, it’s easy to see that we have an image problem, one that is simultaneously positive and negative. On the one hand, lawyers may be revered for their presumed oratory skills and cleverness while, on the other, they are reviled as slick spin doctors prescribing misdirection. Full Article
Casemaker Weekly Update
Searching for Cases with Citation
The most frequently used function of Casemaker for most users is searching by citation. From the home page, you can simply type your citation in. You do not have to worry about being too picky if you use the wrong spacing, punctuation, or capitalization; Casemaker will automatically correct that for you. You do however need to make sure you are using only the reporter citation and the proper abbreviation. Casemaker goes by the Blue Book citation guidelines if you have any questions regarding abbreviations. For example, with Kearns v. Ford Motor Co., 567 F.3d 1120 (9th Cir. 2009), all you would put in the search bar is 567 F.3d 1120. Be sure you select the correct jurisdiction, however – you will not be able to pull up a New Hampshire Superior Court case when searching in US Court of Appeals!
Sometimes a particular citation brings up more than one result, and there is a very good reason for this. The other case shares a page with the case you were searching for. For example, your case may end on page 104 and another case begins on the same page of the reporter. This means even if you are typing in a pin cite, you will still be able to locate the case you are looking for.
Always Available - Folders
Perhaps you often print cases that you need, or maybe you download them to your work computer. As you have likely found, the file on your computer or the case you printed are only useful if you have them with you. However, you can access Casemaker from anywhere using a web browser! So instead, you can save the items you need to a folder in your Casemaker account which is accessible from anywhere you can access the web.
The first thing you'll need to do is to create a folder. Click on the save to folder icon and type a folder name here into the new folder name field. Then just click create.
There are two methods to save a document to a folder. You can click on the Save To Folder icon from the Dark Gray toolbar, choose your folder, and click Save. Or you can click on the orange My Folder Icon next to the search button, and then choose the folder you'd like to use and click OK. This allows the orange folder icon to represent the folder that you've selected. Then you can simply click, drag, and drop documents into that folder for saving.
When you are ready to view the contents of your folders, you can click on the white My Folders link at the top of the search area. The listing of your folders is displayed on the left and clicking on your folder will display its contents in the central area of the screen. Once the folder has loaded you have the opportunity to move, rename, or delete the entire folder. You can also utilize the individual check boxes to print, download, email, or throw away individual contents.
So you are looking for Ohio cases which involve improper driving. “Well,” you say to yourself, “I will just type in the words improper driving and hit search.” Casemaker then gives you quite the impressively long list of results. However, when you pull up a few cases you notice that they do not all seem to be on point. In fact, they just seem to be cases with the word improper somewhere in them and the word driving somewhere else in them. That is too broad. This just won’t do!
So how do you fix this? Try using the phrase search.
To use the phrase search put the phrase or words you are looking for in quotation marks. This tells Casemaker to treat all the words in the quotes as one single search term. This will only pull documents where the words within the quotations are adjacent and in the same order.