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COURT
NEWS
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APPLICATION DEADLINE SET FOR DISTRICT COURT JUDGE VACANCY
The application deadline for the District Court Judge vacancy, sixth
judicial district is July 8, 2003
http://court.nol.org/press/releases/gossett1.htm
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THE JUDICIAL RESOURCES COMMISSION WILL HOLD A PUBLIC HEARING
The Judicial Resources Commission will hold a public hearing to
determine
if a judicial vacancy exists in the office of county judge in the 6th
Judicial District.
http://court.nol.org/press/releases/0721hearing.htm
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RETIRED COURT JUDGES CLARENCE C. KUNC & KENNETH FRITZLER PASS
AWAY
Retired County Court Judge Clarence C. Kunc died on March 30, 2003
at age
91.
Kunc of Crete, formerly of Wilber, was born July 6, 1911, in Crab
Orchard. He was a World War II veteran and was a retired attorney and
county court judge until his retirement in July 1983.
He was a member of the Wilber Rotary, and American Legion Louis Milan
Post 101.
Kenneth C. Fritzler, 87, formerly of Kimball, Nebraska, died Sunday,
May
25, 2003.
He was born February 3, 1916, in Lincoln. He attended high school
in
Lincoln and in 1939, received his law degree from the University of
Nebraska.
Fritzler practiced law in Kimball until 1974 when he was appointed
to the
county bench. He served until retiring on February 1, 1988. He moved
to
the Marshfield, Wisconsin, area in 1994.
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NSBA
NEWS
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CHILD SUPPORT ENFORCEMENT RESULTS PUBLISHED ON LANCASTER COUNTY
ATTORNEY WEB SITE
Effective July 1, 2003, results for hearings or trials regarding child
support contempt actions brought by the Lancaster County Attorney's
Office will be accessible through the Lancaster County Attorney's web
site. The hearing results will be for cases brought before the Lancaster
County District Court involving child support and medical support judgments
originally ordered or registered in Lancaster County.
Results from the first appearance before the District Court Referee
through the possible trial before a District Court Judge will be posted
on the web site within two days of the hearing or trial. The information
provided on the site will include future appearance dates and the hearing
or trial disposition.
The posted results will remain on the web for no less than thirty days
after being posted. As of this time, results will not be available for
trials regarding the establishment or modification of child support
and medical support orders.
If you have any questions as to whether the Lancaster County Attorney's
Office is enforcing your child support or medical support case, please
call the Nebraska Child Support Customer Service Call Center at 1-877-631-9973.
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YOUNG LAWYERS GOLF TOURNAMENT
Date: July 25, 2003
Time: Shotgun start at 1:00 p.m.
Place: Beatrice Country Club which is ranked as one of the top ten courses
in Nebraska by Golf Digest Magazine and which also hosted the 2003 Nebraska
State Stroke Play Championship and the 2003 Nebraska U.S. Open Qualifier.
Price: $75.00 per person.
Includes: 18 holes with cart, range balls, prizes drinks and dinner.
Entertainment: The band "Giggle Box" will play following cocktails
and dinner.
Room Reservations: A block of rooms are available at the Super 8 Motel,
phone number 402-228-8808.
Click
here for a registration form
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GRAMM-LEACH-BLILEY ACT
Memorandum to our Members:
As many of you know, the American Bar Association has challenged in
federal
district court in the District of Columbia the FTC's view that lawyers
who
provide real estate, tax and any other financially related advice to
individuals are covered by the privacy provisions of the Gramm-Leach-Bliley
Act ("Act"). I attended the oral argument a few weeks ago,
it went well for
us and I am optimistic about the outcome.
Last Friday the Court advised us that it would be releasing its opinion
in
mid-July but that it was "concerned" about the July 1 deadline
for filing
annual privacy notices. To address this concern, our lawyers have prevailed
upon the FTC to issue a letter stating that it will not bring an enforcement
action against any lawyer for failing to comply with the notice provisions
of the Act prior to the Court's forthcoming decision.
You can read the letter yourself at
http://www.abanet.org/poladv/glbfactsheet/amnestyletter.pdf,
but as I read
the FTC's letter, it means that if you missed the July 1 deadline this
year
for sending notices of your "privacy policy" to your individual
clients, you
will not be subject to an enforcement action by the FTC--even if its
interpretation is eventually sustained by the courts.
Of course, I am hopeful that the FTC's view that lawyers are covered
by the
Act will be struck down by the DC federal court and upheld on appeal.
I will
let you know as soon as the court renders its opinion.
Alfred P. Carlton, Jr.
President, American Bar Association
For more information on Gramm-Leach-Bliley Act please go to
http://www.abanet.org/poladv/glbfactsheet.html
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BAR DIRECTORIES
The 2003-04 bar directories have been mailed to all active members
of the Nebraska State Bar Association. To purchase additional copies
for $29 (plus tax) each they should call Sarah
at 1-800-927-0117. The small-sized directories will be available for
purchase for $29 (plus tax) next week.
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CLE
UPDATES
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NCLE SECTION CALENDAR
Click here for a calendar
of CLE programs to be offered in upcoming months. Download this
calendar for easy reference.
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2003 REAL ESTATE SEMINAR
Allan Eurek, planning chair for the 2003
Real Estate Seminar, wants you to mark your calendars for Friday,
September 5th, 2003. He is working on the program lineup now, and it
will cover a number of current issues and hot topics, including mold
and its impact on real estate transactions, new developments in water
law, title insurance regulation, partition, and much, much more! A descriptive
flyer will arrive in your mail soon, but it is not too soon to block
that date. The program will be in Lincoln at the Cornhusker Hotel. For
football fans, Saturday the 6th is the Utah State game. Plan on attending
what looks like an excellent and substantive educational event devoted
to real estate.
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2003 BEST PRACTICES SERIES
The eighth and final session of the 2003 Best
Practices Seminar will be on Wednesday, July 2, 2003. The eighth
session is "How to Avoid Hearing from the Counsel For Discipline",
and will take place at the Roman L. Hruska Law Center, 1st floor conference
center beginning at 4:30 p.m. The speakers include John Steele &
Tim Engler.
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FAMILY LAW UPDATE
Click here
for information about the upcoming Family Law Update - Trials and
Travails: Practical Information You Can Use in the Family Law Arena
, July 25, 2003 at the Lincoln Country Club. You will find the great
annual program you have come to expect with some new areas and some
updates in familiar areas. A few of the highlights include: *Expert
Witnesses - Professsor Richard Colin Mangrum; *Ethical Issues - Kent
L. Frobish; * Bankruptcy and Divorce-Bill Chapin; * Recent Cases Update
- Steven J. Flodman; * Legislation Update - James E. Gordon; * Judges'
Panel: "Alimony Hot Buttons."
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RESOURCES
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TEST YOUR KNOWLEDGE OF PROFESSIONAL LIABILITY INSURANCE
1. All insurance carriers offer the same coverage features.
FALSE. While most of the insurance policies appear to provide the same
basic contractual features such as an insuring agreement, exclusions
and conditions the extent of coverage can vary significantly from one
policy to another. During the very competitive past decade, lawyers
have been given a choice of how their deductibles are paid, how claim
expenses affect their limits and broad prior acts coverage. Insurance
companies have used these features to distinguish themselves in the
market. As the market changes, however, firms may see a reduction in
the choices they are offered.
2. I am always covered for legal services, even when I'm talking
to my neighbor across the back yard fence.
FALSE. Contrary to what many think, you are not automatically covered.
Most insurance contracts do provide coverage for all legal services.
However, there is a clause in some contracts that can radically alter
this coverage. Generally the clause is found in the definition of "Named
Insured" and contains wording such as "only while acting on
behalf of the Named Insured". This restricts coverage to only those
legal services performed on behalf of the firm.
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CASEMAKER™ TIP#10: USING THE JURY INSTRUCTIONS
One of the most useful books for trial attorneys in the Casemaker™
library is the one containing the full NJI 2d, including the annotations
and comments. You can search like in the other books but most attorneys
know which instruction interests them. With basic computing techniques
you or your assistant can save typing time in preparing instructions
for trial.
Text of an instruction can be selected with the click and hold method
using the mouse or all the text can be selected by using the control
key and the letter A(for all) at the same time. Casemaker™ does
not have its own 'edit' menu but you can probably also do a 'select
all' with your browser's. The next step is to copy the selected text,
control-C(for copy). This step places the text into your PC's clipboard.
Open your word processor and paste the text onto a new document, delete
any text that is not a part of what you want, and format the font and
line spacing, etc., to your particular preferences. You can then save
the document to a folder and with a name of your choosing for future
reference.
Doug Kluender
dkluender@law7000.com
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PRACTICE TIP-A TRAINING LUNCH
As the immortal Yogi Berra said, "You got to be careful if you
don't know where you're going, because you might not get there."
Two things should never stop in your law firm-training and marketing.
You need a year-round, career-long commitment to both marketing and
training. Set goals for a set number of luncheons each month with possible
sources of new business. Every three months have a "training lunch"
where one staff member teaches a few new tricks to the rest of you.
Let someone develop macros or other document automation and then show
the rest of you.
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