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COURT
NEWS
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CHILD SUPPORT GUIDELINE COMMENT, COURT INTERPRETER RULES
Supreme Court Child Support Guidelines Changes Open for Comment:
The Supreme Court invites comment on a proposal by the Nebraska Child
Support Commission (now known as the State Disbursement and Child Support
Advisory Committee) for amendments to Sections F, G, H and O of the
Nebraska Child Support Guidelines which would alter the Income Shares
Formula Table and the calculation of health care reimbursement.
Changes may be found on the Judicial Branch Web Site: www.nebraskacourt.com
Select “Supreme Court Rules” look under “Rule Amendments
(made within the
last 90 days)
Comment on the Child Support Guidelines and Income Shares Formula Table
by
writing to the office of the Clerk of the Supreme Court and Court of
Appeals, or via e-mail at lasmussen@nsc.state.ne.us,
no later than
November 21, 2003.
Supreme Court Rule Change:
Court Interpreter Rules
September 17, 2003 — amendments to the Court Interpreter Rules
for Trial
Courts (Rules Relating to Court Interpreters): updates the rules
regarding training and certification. Corresponding forms have also
been
amended.
Changes may be found on the Judicial Branch Web Site: www.nebraskacourt.com
Select “Supreme Court Rules” look under “Rule Amendments
(made within the
last 90 days)
Notice to Court Clerks: If you do not have access to the internet
and are
interested in the full text of a specific rule, send an e-mail response
“reply with history” and your request will be forwarded to
the proper
individual. The rule will be mailed to you.
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MINORITY AND JUSTICE IMPLEMENTATION COMMITTEE
2003 TOWN HALL MEETINGS
As part of a three-year investigation of Nebraska's justice system,
the Minority and Justice Task Force traveled to communities across Nebraska,
soliciting testimony from the public on issues relevant to race and
ethnicity in the courts. The testimony gathered at these public hearings
played a critical role in illustrating minority's perceptions of the
justice system. As a follow-up to the 2002 public hearings, the Implementation
Committee will be returning to the communities it solicited information
from. In addition to reporting back to the communities involved in the
2002 public hearings, the Implementation Committee views these town
hall meetings as an opportunity to answer questions and inform the public
as to the findings of the Minority and Justice Task Force Report. More
importantly, the Committee will also be discussing several of the initiatives
they are undertaking to address problems in the state's justice system.
Public feedback is invited. Spanish interpreters will be in attendance
at each meeting. The first town hall meeting is scheduled for October
7, 2003 at the Teacher Administrative Center in Omaha from 6:30 to 8:30
p.m. For a complete schedule of the Minority and Justice Implementation
Committee's Town Hall Meetings click
here.
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EFFECTIVE OCTOBER 16, 2003, THE INTEREST RATE WILL BE 3.027
Effective October 16, 2003, the interest rate will be 3.027.
the chart has been updated on the internet:
http://court.nol.org/community/interestrate.htm
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NSBA
NEWS
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YOUNG LAWYERS TO ADDRESS THE UNMET LEGAL NEEDS OF CHILDREN
Nearly 300 young lawyers from across the country are expected to attend
the American Bar Association Young Lawyers Division Summit for Children
and Fall National Public Service Conference, Oct. 9 - 12 at the Sheraton
Square Hotel in Pittsburgh. The conference will provide lawyers with
public service opportunities focusing on the unmet legal needs of children.
"Thousands of children linger in the foster care system each year,
with no one to advocate for their needs and no hope of finding a permanent
home," said YLD Chair Jonathan Cole of Nashville. "As lawyers,
we have the ability and the expertise to improve the lives of these
children by giving them a voice and ensuring that their legal needs
are met. The fall conference and summit promises to provide an excellent
opportunity for lawyers interested in helping children in their communities."
Throughout the conference, attendees will have the opportunity to participate
in training sessions led by national experts to learn how they can help
address the legal needs of foster care children in their communities.
Among the workshops are several programs that are part of the YLD's
public service project "One Child One Lawyer." These programs
are designed to train lawyers to represent the interests of children
in court proceedings by serving as guardians ad litem, provide the benefits
of a permanent home by facilitating pro bono adoptions and guardianships,
and create school-based legal clinics to ensure that pressing legal
issues do not prevent teenagers from completing their education.
In addition, the conference will include professional development workshops
for young lawyers on such topics as lawyers with disabilities, copyright
and intellectual law, financial planning and diversity in the legal
profession.
For more information on the conference and the "One Child One
Lawyer" program, visit http://www.abanet.org/yld
or contact Amy O'Brien at 312/988-6235 or mailto:obriena@staff.abanet.org.
The Young Lawyers Division is the ABA's largest entity, composed of
approximately 125,000 members and nearly 300 affiliated state and local
bar organizations across the country. As the national voice of young
lawyers, and the public service arm of the ABA, the Young Lawyers Division
works to provide leadership in serving the public and the profession
and to promote excellence and fulfillment in the practice of law.
The American Bar Association is the largest voluntary professional
membership association in the world. With more than 405,000 members,
the ABA provides law school accreditation, continuing legal education,
information about the law and a wide range of services to help lawyers
and judges in their work.
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DON'T MISS THESE EXCITING SEMINARS AT THE ANNUAL MEETING
Bank Attorneys Section Seminar: Current
Topics in Banking Law
Civil Practice and Procedure Committee Seminar: Notice
Pleading Update
Corporate Counsel Section/Business Law Section Seminar: Sarbanes-Oxley
Update
Elderlaw Section Seminar: The
Trouble with Trusts
Family Law Section Seminar: Farm
Divorces and Farm Bankrupticies
Insurance Committee Seminar: Risk
Management
Technology Committee Seminar: Beyond
Time Management
Women & the Law Section Seminar: Courtroom
Decorum: "Ain't Misbehavin?"
Click
here for the CLE general outline
Click here for the entire annual
meeting brochure
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2003 ECONOMIC & TECHNOLOGY SURVEY RESULTS
The 2003 NSBA Economic & Technology Survey Results are now available
for purchase. Results for each survey are $25/copy.
To order your copies, print out the order
form or contact Sam Clinch
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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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JUVENILE LAW SEMINAR
Coming November 21: Special low price of only $25 for this outstanding
Juvenile Law program at Omaha's
Joslyn Museum featuring Dr. David Arredondo, M.D., Judge Len Edwards,
and Kurt Kumli, and Nancy Thompson.
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NSBA WORKERS COMPENSATION SECTION SEMINAR
You will not want to miss this important coverage of the latest developments
in workers' compensation law. This seminar is the only workers' compensation
seminar program specifically sponsored by the NSBA
Workers' Compensation Section.
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NEBRASKA UNIFORM TRUST CODE OVERVIEW
If you practice in the area of estate planning and trusts, you will
want to know what has changed with Nebraska's adoption of the Uniform
Trust Code. Don't miss this opportunity to learn from the experts on
the effect of these changes to the law that could have a significant
impact on your estate-planning practice. Plan to attend this important
full day seminar and register
today!
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BASIC MEDIATION TRAINING
There are still a few spaces open for NCLE's November Basic
Mediation Training, a 30 hour course November 12-15, 2003. Contact
Kathryn Bellman at kbellman@nebar.com
or 800-927-0117 for more information.
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RESOURCES
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TEST YOUR KNOWLEDGE OF PROFESSIONAL LIABILITY INSURANCE
1. Suing a client for unpaid legal fees is an acceptable risk
management procedure. FALSE. Statistics support the insurance
carrier's position that this is not an acceptable practice. In an article
published by the ABA LPL Advisory, author Phillip D. Fraim says that
in 1997 "as many as 20 of claims filed against lawyers were responses
to suits for fees." Counterclaims of negligent representation are
the hazard of bring suit against your client and this is the concern
insurance carriers are addressing when they ask about a firm's history
of bringing suit. There are cases where bringing suit may be the only
recourse for a law firm. In those cases you should always review the
file to make certain the client clearly understood the billing method
when hiring the firm and to verify that all legal services were performed
appropriately. Client screening practices, fee agreements and engagement
letters should be used up front with a client to help minimize any misunderstandings.
Written documentation is vital to your defense if you are sued.
2. I should always turn in potential claim matters to preserve
my coverage rights. TRUE. Many insurance carriers actually provide
incentives such as a reduced deductible or additional defense costs
if a firm involves the carrier immediately in a potential matter. Often
the carrier's early involvement in any potential claim matter can diminish
or eliminate the situation before it becomes an actual suit, which serves
to keep costs down for everyone. Another aspect of early reporting becomes
apparent when you are changing carriers. Claims made coverages usually
contain language that excludes coverage for circumstances known prior
to the inception of a policy. The policyholder must report any potential
claims to their current carrier before making a change to a new carrier.
Determining what is a potential matter is difficult, but there are resources
available to help with this decision. Most insurance carriers and the
American Bar Association offer attorney hotlines where you can discuss
potential matters on an informal and confidential basis. The website
for the American Bar Association is www.abanet.org.
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HAS YOUR FIRM REVIEWED SPECIFIC DETAILS ABOUT PRIOR ACTS OR TAIL
COVERAGE WITH THE CARRIER PROVIDING YOUR PROFESSIONAL LIABILITY INSURANCE?
Recently many attorneys in Nebraska have asked about "Tail"
coverage. Quite often this term is misunderstood. There is a difference
between providing "prior acts" or "past coverage"
to an attorney and tail coverage. The basic difference is that prior
acts is something that is addressed for attorneys who are still engaged
in practice and tail is most often something an attorney only needs
to think about when they have completely ceased practice. The following
information addresses the basic function and purpose of each type of
coverage and is common for all claims made insurance being offered in
Nebraska. It is important that a firm review specific details about
prior acts or tail coverage with the carrier providing their Professional
Liability insurance.
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PRACTICE TIP-TAX DEDUCTIONS
Know how your fees and/or costs can be tax deductible to your clients.
If tax deductions are possible, share this information with your clients.
Encourage them to have their accountant or tax preparer call you to
get information that might maximize their deductions(s). Your clients
will appreciate this extra effort--especially if you explain it at no
charge!
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