E-Counsel Archive [July 30, 2019][7/30/2019]
July 30, 2019     Stay connected



In this Issue:


OnDemand CLE

Watch webinars on what you want, when you want! Visit the NSBA’s on-demand CLE portal, www.nebarondemand.com to view a webinar at your convenience and earn distance-learning CLE credit, including professional responsibility (ethics) and GAL credit. 

Here are some titles currently available.

Visit the NSBA’s on-demand CLE portal, www.nebarondemand.com to view these and many other webinars.



Job Opportunity with NSBA: Section Facilitator and Director of Publications
The Section Facilitator promotes member engagement and supports the NSBA Sections in fulfilling their respective missions. The Director of Publications identifies the need for and coordinates the production of practice manuals, publications and other written resources for NSBA members. Full Job Description

Leadership Academy Nominations Now Being Accepted - Deadline August 21, 2019
The Nebraska State Bar Association is pleased to announce the tenth annual Leadership Academy designed to develop and nurture future leaders of the association and profession. Class size is limited to 25 participants in order to ensure a high quality of participation and instruction. The members of the class will participate in a mandatory day and a half retreat on September 19-20, 2019 at the Carol Joy Hollings Camp in Ashland as well as a wide range of seminars during the five month academy starting in November. Complete Information & Schedule

Complete and return the application form if you wish to apply to become a member of the Leadership Academy.  Please return your completed application form by August 21, 2019 to Sam Clinch, Nebraska State Bar Association, 635 S 14th St. #200, Lincoln, NE 68508.

Privacy/Security/Tech Lawyers Group Forming
Lawyers whose practices include the areas of privacy and security and/or technology are invited to a meeting from 3-4 pm, Wed, Aug 21 in Omaha to determine how a group of like-minded lawyers might enhance practice in these areas.  Likely possibilities include organizing CLE seminars, networking, and possibly legislation.  The meeting will be hosted by Bob Kardell at the Baird Holm offices.  There is a conference call option.  Questions and RSVPs to Lorrie Benson at NSBA. 

Be a Good Life Lawyer
Do you like practicing law, but wish it didn’t take everything you’ve got and wish you had more time for other things you love?  Sign up for “Good Life Lawyers,”  a 10-month program sponsored by the NSBA Law Practice Management Section to help lawyers increase their satisfaction with legal practice through improving management of their practices and improving aspects of their personal lives that they enjoy.  This will be a small Omaha-based group, led by lawyer/life coach Susan Koenig, and is open to  any lawyer regardless of practice type or location.  The group will begin in September and include monthly group meetings and one-to-one coaching with Susan.  Details available here or from Lorrie Benson at NSBA.

Free CLE: Starting a Practice and Succession Planning for Lawyers & Rural Practice Initiative Clerkship Interviews - Kearney, NE - September 20, 2019
Join us at the Kearney Country Club on Friday, September 20 for a FREE 2-hour CLE  from 9:00 am - 11:00 am on Starting a Practice and Succession Planning for Lawyers.  Topics covered will include: successor selection, competence, diligence, safekeeping of fi les and client property, winding down and closing, other kinds of transitions to a practice, and dealing with the unforeseen absence, disability, or death.

Following the CLE, the NSBA Rural Practice Initiative will be holding in-person interviews for our clerkship program or full-time employment.  Interviews will be held from Noon - 5:00 pm,  with a reception to follow. The goal is to provide 15-20 minutes for each interview. We estimate that each attorney will have the opportunity to interview at least six students in the afternoon. Attorneys and students will have an additional opportunity to meet and converse at a reception following the formal interviewing session. If you are interested in hiring an associate or a law clerk for the summer of 2020, please fill out the form below and return to Sam Clinch, 635 S 14th St. #200, Lincoln, NE 68508. Please respond for Interveiw Sessoin by September 13, 2019. 

Register for the CLE        Attorney/Law Student Registration Interview Session

Travel to Portugal With the NSBA - May 18-23, 2020
The Nebraska State Bar Association is offering an exclusive program to Portugal. Visit Lisbon, Porto and other beautiful cities from May 18-23, 2020 with a 3 day & 2 night optional extension to the Douro Valley wine country from May 23-25, 2020. Space is limited so don't miss this unique opportunity. Our partner, CLE Abroad, is accepting registrations through the end of January 2020 for this once-in-a-lifetime trip.  For complete information download the brochure.

Nebraska Criminal Offense Penalties List Now Available
Professor Steven J. Schmidt has updated his list of criminal penalties through July 1, 2019, and it’s now available in the online NSBA Library (free to all voluntary NSBA members) and the NSBA Store. The List is available electronically and in laminated print form. This 12 page handy quick reference includes felony penalties, habitual criminal sentencing enhancement, misdemeanor and infraction penalties, traffic penalties, DUI sentences, common City of Lincoln ordinance violations, and failure to appear penalties.

VLP and Legal Aid of Nebraska Offer FREE Legal Clinic Basics CLE
“Just the Basics!:  Providing Limited Legal Services in Walk-In and Virtual Legal Clinics” provides new and seasoned lawyers a review of ethical rules, general substantive law, procedure and practical advice for assisting self-represented persons at walk-in and virtual legal clinics.  This seminar is being offered in Omaha, Lincoln, Norfolk, Grand Island, North Platte and Scottsbluff.  Omaha and Lincoln sessions occur on August 23 and 27, respectively.  Check the NSBA website for more information on sessions in Norfolk, Grand Island, North Platte and Scottsbluff.  Don’t miss this out on this unique opportunity! 

VLP offers new “Low Bono” Opportunity to Nebraska Lawyers through Program Aimed at Assisting Victims of Crime
In May, the Nebraska State Bar Association Volunteer Lawyers Project (VLP) was awarded federal Victim of Crime Act (VOCA) funding to implement the EVOLVES (Essential Volunteers Offering Legal Services to Victims Ensuring Safety) project. Through this project, VLP aims to increase legal services to Nebraska rural, minority and elder victims of abuse, domestic violence, sexual assault, stalking and human trafficking by referring cases to volunteer attorneys to represent victims in family law, consumer and immigration matters on a reduced fee basis ($60 per hour). This project is similar to VLP’s former LAPTOP program and begins July 1, 2019.

For more information, or if you are interested in providing legal assistance to victims on a reduced fee basis, contact Laurie Heer Dale at (402) 742-8133 or lheerdale@nevlp.org.

Judge Douglas Johnson to Retire August 31
Judge of the Douglas County Separate Juvenile Court, Douglas F. Johnson, is retiring effective August 31, 2019. In his announcement letter to the Governor, Johnson called attention to his court staff who routinely go “beyond the call of duty” spending countless hours in court-community related service projects like the Annual Reunification Day Picnic, National Adoption Day, and Through the Eyes of the Child Initiative. He noted, “For almost 26 years I have enjoyed the privilege of presiding in the Separate Juvenile Court of Douglas County, Nebraska. I am grateful to my dedicated staff: Mary Vlcek, Bailiff, Natalie Biede, Administrative Assistant, and Mary Kay Bocshee, Court Reporter.” He continued, “We have worked as a team whose primary purpose is to provide excellent services for children and families in the state’s busiest jurisdiction.”  Full Press Release

Recent Supreme Court Cases

Week of July 26, 2019

303 Neb. 762
State ex rel. Counsel for Dis. v. Khaleeq
303 Neb. 765
McPherson v. City of Scottsbluff
S-18-899   303 Neb. 784 Siedlik v. Nissen
 S-18-1011 303 Neb. 799   State v. Kruse

Week of July 19, 2019

S-17-577, S-17-657 303 Neb. 676 State v. Jenkins
S-18-006 303 Neb. 729 State v. Bigelow
S-18-656 303 Neb. 743 Maloley v. Central Neb. Pub. Power & Irr. Dist.
 S-19-226  303 Neb. 755 State ex rel. Counsel for Dis. v. Schmidt 

For a complete listing of recent opinions, visit the Nebraska Judicial Branch Website.

NLF News

Scotch, Wine & Craft Beer Tasting

Friday, August 2, 5:30 p.m. – 8:30 p.m.
The Talon Room | 230 N 12th St., Lincoln, Neb
21-and-over Event | Attire: Business Casual

Proceeds to Benefit Nebraska Lawyers Foundation

$50 per person

Register Today

Complete Event Information


Casemaker Weekly Update

Casemaker4  Results Page
Sometimes, the best way to find what you are looking for is browsing. In Casemaker4 there are two different ways to browse content. Tree View and List View.

The State Compilations page is your default landing page. On it, you can see a listing of all 50 States plus the District of Columbia and the Virgin Islands; and access those collections. To the left of this list, you can find the Federal Materials menu and Tribal courts menu. Along the top, you can find a drop-down menu version of the same clickable list you see when you start the system. These menus are available by hovering over them on any page, however, clicking on a menu item will then direct you to the corresponding page.

Clicking on any state is going to offer you different collections - at a minimum giving you access to case law, constitution, administrative code, court rules, statutes, and session laws. By default, Casemaker shows you a list view of these materials. This allows you to navigate through the particular items in an index or table of contents fashion. However, along the top of any state or the federal compilations, you will find a blue bar with the option fo Tree View will allow you to navigate through the system in a more visual way, allowing you to expand and collapse the information that you're looking for. This not only allows you to have a more visual frame of reference for where you are in the library, but it also allows you to explore the content around a particular statute, for example. If you are in Tree View and would like to return to List View, you will find the List View link in the upper grey bar.

Also, in the blue bar in list view is a link for Archive. This will show you previous year versions of materials. The Tree View shows these archived versions in its directory structure so there will not be an archive link in that view.

As you click around and navigate the List View, you will notice in the light grey bar there is a path of how you got to where you are. This is Casemaker4’s breadcrumb trail. It allows you to click to previous points in the hierarchy that you had clicked on. This makes it easy to return to the title or chapter of statute or rules.

Once you click to view the content of a statute, rule or regulation, you will see a document view that is similar to what we have discussed previously when talking about Cases. However, on rule and statutory content, there are some different options on the left tabs. You will find the ability to return to the Table of Contents with the Browse TOC tab. The Annotator tab will give you a list of cases which cited the rule or statute you are viewing. And of course the Archive tab gives you previous year’s versions of the document.



NSBA Career Center

The NSBA has a new Career Center. Employers can post job openings and job seekers and posters can search openings and subscribe to new posting notifications.


Our Sponsors

Special Thank You
The NSBA gratefully acknowledges the support of the Nebraska State Bar Foundation, the Winthrop & Frances Lane Foundation and the Nebraska Lawyers Foundation.

Thank you to the Sponsors of the 1st Annual Scotch,Wine & Craft Beer Fundraiser