E-Counsel Archive [August 13, 2019][8/13/2019]
August 13, 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.



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.

August 22, 2019, Application Deadline Set for District Court Judge Vacancy, Sixth Judicial District
According to Supreme Court Justice Jeffrey J. Funke, the Judicial Nominating Commission for District Judge in the Sixth Judicial District (consisting of Burt, Cedar, Dakota, Dixon, Dodge, Thurston and Washington Counties) held its first public hearing on the qualifications of four candidates who previously submitted their names to fill the vacancy in the office of District Judge due to the resignation of Judge Paul J. Vaughan. Article V, § 21(1) of the Nebraska Constitution requires that a nominating commission must present to the Governor “a list of at least two nominees” to fill a judicial vacancy. At the conclusion of the public hearing on July 9, 2019, a majority of the voting members of the Commission was unable to agree to advance two names of candidates to the Governor. The constitutional requirement cannot be met in this case. Therefore, in accordance with Neb. Rev. Stat. § 24-810(3), the Commission shall institute a search for additional candidates to fill the vacancy.  Full Press Release

6th Annual Rural Practice Initiative Associate and Summer Clerkship Placement Program - Kearney, NE - September 20, 2019
In-person interviews for our clerkship program or full-time employment will take place at Kearney Country Club in Kearney, NE, on Friday, September 20, 2019 from noon to 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 by September 13, 2019.

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.

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
Think you don’t have time to be a good lawyer and have a good life?  If you believe that, then you need to 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.

Lawyer's Advisory Committee Opinions for 08/02/2019
19-01 May an attorney transmit information relating to the representation of a client over the internet and allow for that information to be stored on, and accessed through, third-party, off-site servers (generically referred to as “the Cloud”)?

Vacancy for 3rd District on Nebraska State Bar Commission
A vacancy for the District 3 position on the Nebraska State Bar Commission will occur on October 31, 2019, upon the expiration of the current term of Mark D. Fitzgerald, who by rule is not eligible for reappointment. Active members of the Nebraska State Bar Association from District 3 who are interested in serving on the commission should notify Supreme Court Judge William B. Cassel by email to Ashley.Nolte@nebraska.gov as soon as possible.

Information regarding the duties and functions of the members of the commission may be found at Neb. Ct. R. § 3-102 and at https://us-east-2.protection.sophos.com?d=nebraska.gov&u=aHR0cHM6Ly9zdXByZW1lY291cnQubmVicmFza2EuZ292L2F0dG9ybmV5cy9hZG1pc3Npb24tcHJhY3RpY2UtbGF3&e=bG5lZWxleUBuZWJhci5jb20=&t=TkFWRUU5LzIyUDMyQnpDWEtkVlVHNStJRHZJdGIxc2ExN0dOQS9ZWjRpTT0=.

Recent Supreme Court Cases

Week of August 9, 2019

303 Neb. 855
JB & Assocs. v. Nebraska Cancer Coalition

Week of August 2, 2019

S-18-711 303 Neb. 817 In re Estate of Barger
S-18-1104 303 Neb. 844 State v. Lovvorn

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

NLF News


Clio Con - October 21 -22, 2019
This year, on October 21-22, the 2019 Clio Cloud Conference will take place in San Diego, CA—and you’re invited! Come be inspired by keynote speakers and industry experts, level up your legal technology skills, and enjoy our legendary Clio After Dark events. Use the code NEBRASKA-BAR-MEMBER to receive a special Nebraska Bar member discount of $100 off your conference pass. (To learn more about the conference, visit www.cliocloudconference.com.)

Casemaker Weekly Update

Like its predecessor CasemakerLegal, Casemaker4 also allows you to store documents you find over the course of your research. Using the Folders feature you can access your documents from anywhere you can access the internet. Saving hard drive space and paper.

The first thing you will need to do is create a new folder. You can create a folder at any time by clicking on the folder link in the upper right or the Folder menu option under the My Account menu. In addition, if you are on the document you wish to save, you can click the Save to Folder icon and type a name for your folder into the New Folder field and click the + button.
Once a folder has been created, you can save to your folder at any time. Just click the Save To Folder icon from the Document Toolbar, choose your folder, and click Save. If you prefer to drag and drop simply click the Folder icon, and this time choose the folder you would like to use and click ok. This allows the icon to represent the folder you have chosen. Next click and drag the title of the document to the grey toolbar area. Your chosen folder name will appear, and you can drop the document title on top of it.

When you are ready to view the contents of a folder, click the Folders link in the Features toolbar or the Folders option under My Account. Once there, on the left of your screen is a listing of all of your folders. Clicking your folder will display its contents in the central area of the page. Once the folder is open you have the opportunity to move, rename, and delete the entire folder using the options menu at the top of the folders list. On the right you can use the corresponding check boxes to move an individual document to a different folder, or to add it to the print queue, print directly, download, email, or remove. Don’t worry if you have accidentally deleted a document, or folder, that you need. You also have access to a Trash file.



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 2019 Nebraska Legal Diversity Summit

Summit Sponsor

Program Sponsors

Law Student Sponsor

Prelaw Student Sponsor

Thank you to the Sponsors of the 2019 Annual Meeting

General Session


Hotel Key Cards

Technology Seminars by Jim Calloway

Presidential Public Service Project

The Bench & Bar Reception

  • Lincoln Bar Association
  • Omaha Bar Association
  • Buffalo County Bar Association
  • Custer County Bar Association
  • Lincoln County Bar Association
  • Madison County/7th Judicial District Bar Association
  • Sarpy County Bar Association
  • Tri-County Bar Association

Thank You to Our 2019 Annual Meeting Exhibitors