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COURT
NEWS
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VERSION 3 CHILD SUPPORT SPREADSHEET TEMPLATE
A new revision to Judge Cassel's child support spreadsheet templates
has been posted. Year 2003 Version 3 is the latest version and incorporates
recent federal tax law changes. The revision also prevents total gross
income from going negative, which could produce an erroneous result.
The templates can be obtained, without charge from the District Court,
Eighth District website at: http://www.nol.org/home/DC8/CSTemplate.html
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APPLICATION DEADLINE SET FOR COUNTY COURT JUDGE VACANCY, 6TH JUDICIAL
DISTRICT
According to Supreme Court Justice Michael McCormack, the
Judicial Nominating Commission for County Judge in the 6th Judicial
District (consisting of Burt, Cedar, Dakota, Dixon, Dodge, Thurston,
Washington Counties) will hold a public hearing at the Dodge County
Courthouse, 428 N. Broad, 3rd floor district courtroom in Fremont,
Nebraska, beginning at 10:30 a.m. on Thursday, September 11, 2003. At
the
hearing, the Commission will receive information on the qualifications
of
candidates to fill the vacancy in the office of County Judge due to
the
death of Judge Paul R. Robinson.
The public is welcome to attend the hearing and present information
concerning candidates for the judicial opening. Individuals interested
in
applying for the position must do so on an approved form available through
the Chairperson of the Commission or the Office of the State Court
Administrator, P.O. Box 98910, Lincoln, NE 68509. The application form
may
also be printed from the Nebraska Judicial Branch Web site at
http://www.nebraskacourt.com/manual/application.htm.
Completed applications must
be returned no later than 5:00 p.m., Thursday, August 21, 2003, to the
Chairperson, Justice McCormack, at the above-stated address or delivered
to
the office of the Clerk of the Supreme Court, Room 2413, State Capitol.
A listing of the members of the Judicial Nominating Commission can be
found
on the Nebraska Judicial Branch Web site at
http://www.nebraskacourt.com/jnc/rostercc&dc6.htm.
For special accommodations relating to the Americans with Disabilities
Act,
please call (402) 471-3730.
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NSBA
NEWS
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UNIFORM TRUST CODE
Click here for
the study of the Uniform Trust Code. It was passed by LB 130 at the
2003 legislature and sections 1-110 will appear in the revised statutes
as sections 30-3801 to 30-38,110 (SUPP. 2003).
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NSBA 7TH ANNUAL GOLF TOURNAMENT
Date: September 12, 2003
Format: 4-person scramble
Lunch & Driving Range: 11:00 a.m. - 12:30 p.m.
Time: Shotgun start at 12:30 p.m.
Place: Arbor Links Golf Course
Price: $90.00 per person.
Includes: 18 holes with cart, range balls, prizes, drinks, lunch and
dinner.
Room Reservations: A block of rooms are available at the Lied Lodge
and Conference Center, phone number 402-873-8768.
Click
here for a registration form
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MODEL RULES OF PROFESSIONAL CONDUCT SUBCOMMITTEE
The Model Rules Subcommittee of the NSBA Ethics Committee is currently
studying the Model Rules of Professional Conduct. It is anticipated
that the NSBA will propose that the Nebraska Supreme Court adopt the
Model Rules as a replacement for the Nebraska Code of Professional Conduct.
Click
here to review and submit comments on the Model Rules.
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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
Plan to attend the NCLE Real Estate Seminar September 5. Click
here for more information
September 5, 2003
Cornhusker Hotel, Lincoln
8:30 a.m. - 5:15 p.m.
Accredited by the Nebraska Real Estate Commission for 6 hours intermediate
credit. Other credit applications pending.
Topics include divorce and real estate, disclosure issues, bankruptcy
and real estate, water law, mold issues, title insurance issues, and
a commercial landlord and tenant law update.
Planning Chair Allan J. Eurek
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FAMILY LAW SEMINAR A SUCCESS
The NCLE Family Law Seminar, held in Lincoln on July 25th, 2003, was
well-attended by about 100 people. Speakers included Professor Colin
Mangrum, who addressed the use of expert witnesses in custody cases,
and Lt. Brian McLain, who discussed the Soldier's and Sailor's Relief
Act. In addition, Steve Flodman and Jim Gordon did their annual case
law and legislative update, Kent Frobish addressed ethics issues, and
Bill Chapin talked about bankruptcy and divorce. The program closed
with a judges' panel consisting of Judges Michael Owens, William Cassel,
John Icenogle and William Merritt, who discussed alimony issues and
took a number of questions from the audience.
If you missed this program and want the latest information in the area
of family law, you may still order the materials by contacting NCLE.
The audio portion and materials will also be available through LegalSpan
in the next few weeks. You will be able to purchase only those segments
of interest to you! Special thanks to Planning Chair Chris A. Johnson
and the Faculty.
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RESOURCES
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TEST YOUR KNOWLEDGE OF PROFESSIONAL LIABILITY INSURANCE
1. Full Prior Acts coverage means that I have coverage for all of the
legal services I have ever done. TRUE. "Full Prior Acts"
is a term used to describe coverage for claims arising from services
provided prior to the effective date of a claims made policy.
2. When I leave one firm and go to another, I need to be concerned
about my individual for work I did while I was with my former firm.
TRUE. Contrary to what many insureds think, your individual coverage
for work that you did for your former firm is not always guaranteed.
If your former firm dissolves and doesn't purchase extended reporting
period coverage or changes insurance companies, you may not be protected.
That is why it is always a good idea to purchase prior acts coverage
under your individual policy or have an agreement with your former firm
that they will continue to cover you.
3. When an attorney joins my firm I can't be sued for work they did
at another firm. FALSE. If you, as the hiring entity, accept
the prior acts coverage of an incoming attorney you are also picking
up the possibility your new attorney may be sued for something they
did before joining your firm. In theory, the firm they came from will
also have coverage and the two insurance carriers will work together
to resolve the claim. In reality, it is often held that the attorney
who committed the alleged error is the primary insurance coverage. If
that attorney now works for your firm, it is your policy that could
answer. This is not as implausible as it sounds. One of the largest
claims the NSBA administrator, Marsh, encountered was this exact scenario.
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CASEMAKER™ TIP#12: HOW CAN I SEARCH OR BROWSE THE CODE OF
FEDERAL REGULATIONS?
The short answer is: Not easily. The Federal library in Casemaker
has the unannotated CFR which can be accessed by searching or browsing.
If you know the citation of the your regulation and want to see that
regulation there are two ways to get it. The first is to browse but
this method is cumbersome because you have to go through five screens
to get to the regulation. Searching is faster but tricky. If you type
a search phrase such as 9 CFR 302.3 the Casemaker search engine will
not locate the regulation and will tell you that words with two or less
letters can not be used, i.e. the 9. Enclosing the phrase in parentheses,
"9 CFR 302.3", will get the appropriate result: However, don't
include a section sign, §, because Casemaker doesn't recognize
it as a word or letter.
Doug Kluender
dkluender@law7000.com
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PRACTICE TIP-WAYS TO KEEP IN TOUCH
Have you ever been unable to get to your office in a snowstorm or
other emergency? How can you contact your clients, opposing counsel
or the court to postpone important events? Keep a list of all office
and home phone numbers of clients and opposing counsel. Bring home an
updated hard copy of the list--or e-mail it to yourself--every few months.
In case of an emergency, such as sickness, injury, storm or damage to
your office--and it happens way more than we think--you will have a
way to contact clients and other attorneys to inform them of the situation.
Be sure to keep your client list in a confidential and secure location.
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