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635 S.14th Street
P.O. Box 81809
Lincoln, NE 65801

ph. (402) 475-7091
(800) 927-0117
fx. (402) 475-7098


 

NSBA Web Site

E-Counsel is available to members of the Nebraska State Bar at no additional charge.

E-COUNSEL -- Tuesday, December 21, 2004

Articles

THE ANNUAL DILEMMA OF CLIENT GIFTS

It's that time of year again. The days are getting shorter, the holidays are drawing near and you're thinking about the perfect gift -- the one that tells clients you appreciate their business. But where do you start?.....(more)

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MONEY MATTERS: STARTING YOUR OWN FIRM

When Stephanie L. Friese graduated from law school in 1999, she didn't join an established firm. Instead, she took the entrepreneurial route and hung out her own shingle.

With guidance, support and a few clients from her father, who's also an attorney, she launched a commercial real estate firm. For a year, she worked alone. "I remember being so lonely going to work," she says......(more)

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NSBA NEWS

CHARITABLE FUNDS INC.,

CFI's Barristers' Ball

The First Annual Barristers’ Ball "Starry Starry Night " is scheduled for April 30, 2005 at the Hilton Omaha Downtown. The Barristers' Ball is a black-tie optional celebration in the cause of improving access to justice in Nebraska. Over 400 leaders from the fields of law, business, government, and community development from across the state will be attending. The ball includes a reception, gourmet dinner, silent and live auctions and a dance. Through corporate sponsorship and generous patrons, the ball is expected to raise substantial dollars that fund the NSBA's Pro Bono legal services program, the Volunteer Lawyers Project. To be a law firm sponsor or to buy a table, click here. To buy tickets online, go to http://www.nebar.com/store/category.asp?category=81

THANK YOU TO THE SPONSORS OF THE BARRISTERS BALL!!

Mark your calendars!! The second annual Race Judicata is scheduled for April 30, 2005 at Chalco Hills

THANK YOU TO THE SPONSORS OF THE SECOND ANNUAL RACE JUDICATA!!

Don't miss out on the second annual Greater Nebraska Golf Scramble on June 17, 2005 at Wild Horse Golf Course in Gothenburg!

The ninth annual NSBA golf tournament will be August 26, 2005 at the Platteview Country Club!

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VLP RECEIVES GRANT AWARD FROM THE LEGAL AID AND SERVICES FUND

VLP has received a $141,000 grant award from the Legal Aid and Services Fund. This grant will enable VLP to continue to provide services to low-income individuals across the state.

The Nebraska Commission on Public Advocacy administers the Fund.

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APPLICATION DEADLINE SET FOR COUNTY COURT JUDGE VACANCY, SIXTH JUDICIAL DISTRICT

FOR IMMEDIATE RELEASE

January 6, 2005, Application Deadline Set for County Court Judge Vacancy,
Sixth Judicial District

LINCOLN -- 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, and Washington Counties) will hold a public hearing at the Judicial Center, 428 N. Broad St., 3rd Floor, County Courtroom A, in Fremont, Nebraska, beginning at 10:00 a.m. on Thursday, January 27, 2005. The primary office of the judicial vacancy will be Fremont, Dodge County, Nebraska. 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 resignation of Judge Daniel J. Beckwith, effective December 2, 2004.

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 www.nebraskacourt.com/manual/application.htm. Completed applications must be returned no later than 5:00 p.m., Thursday, January 6, 2005, 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 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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HOUSE MEETINGS/LEGISLATIVE INFORMATION

CLICK HERE FOR THE NSBA CALENDAR

The House of Delegates will meet on Friday, January 28, 2005 at the Holiday Inn in Lincoln. The meeting will begin at 9:00 a.m. The purpose of the meeting is to determine the legislative positions of the NSBA for the 2005 session of the Unicameral. The House of Delegates is expected to review nearly 200 bills for the 2005 session. The positions taken by the House will be available on the NSBA website, or by calling Jane Schoenike at the NSBA office.

The NSBA will sponsor a Legislative Reception on Thursday, January 27, 2004, beginning at 5:00 p.m. at the Hruska Law Center in Lincoln. The Reception will begin at 5:00 p.m. Members of the Legislature are invited to attend. If you are interested in attending, please call Jane Schoenike at 402-475-7091 or 800-927-0117.

Attached is a Legislative Contact Form. William Mueller of Ruth, Mueller and Robak, Legislative Counsel for the NSBA is requesting information from members of the NSBA. Completion of the form is optional, but your cooperation is appreciated. Return the form to William Mueller, 530 S. 13th St, Suite 110, Lincoln, NE 68508 or by e-mail to Mueller@ruthmueller.com.

Future meetings of the House of Delegates will be held on Friday, April 22, 2005 at University of Nebraska-Kearney and on Thursday, November 10, 2005 at the Cornhusker Hotel in Lincoln, during the 2005 Annual Meeting.

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YOUNG LAWYERS BEST PRACTICES SEMINAR SERIES

You are invited by the Nebraska State Bar Association's Mentoring Committee and Young Lawyers Section to attend, free of charge, the Best Practices seminar series. The eight session series will focus on a wide range of substantive topics and will offer practical training for new lawyers and identify available resources to aid in your practice. The sessions will be led by experienced Nebraska attorneys who will offer insight, from a practical prospective, on how to successfully practice law. Additionally, at the conclusion of each seminar, the Nebraska State Bar Association will sponsor a free Reception for the participants to get to know each other and other members of the Nebraska Bar. Here is your opportunity to obtain high quality training at no cost and meet many fellow Bar Members.

The first session of 2005 is scheduled for February 9, 2005 at the Hall of Justice, Courtroom #32. Chief Justice Hendry, Judge Kopf, Judge Flowers, Judge Hoffert and Judge Lovell will discuss what lawyers should and should not be doing in their courtrooms. A reception will follow. Click here for the registration form.

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APPELLATE BRIEF BANK

The Nebraska State Bar Association is expanding the Casemaker™ Library. We have added an appellate brief bank where an active member of the NSBA will be able to do a word search and locate briefs written by other Nebraska lawyers on the issues set forth in the search.

Please send the NSBA a copy of your brief in electronic format. Only briefs received electronically will be added to Casemaker™. The file needs to be in a Word or Word Perfect format and the file name must be unique, otherwise a later file with the same name will overwrite it. Please include a specific case name for each brief. Your participation in the brief bank project is voluntary. Please send your brief to Sam Clinch at sclinch@nebar.com or mail the brief on disk or CD-Rom to:

NSBA
Attn: Sam Clinch
P.O. Box 81809
Lincoln, NE 68501-1809

If you have any questions, please call Sam Clinch at 1-800-927-0117.

 

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CLE UPDATES

NCLE SECTION CALENDAR

Click here for a calendar of 2005 CLE programs to be offered in upcoming months.

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2005 ESTATE PLANNING AND PROBATE SEMINAR

The 2005 Estate Planning and Probate Seminar is scheduled for March 11, 2005 at the Cornhusker Hotel in Lincoln. Click here to view the brochure.

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MEDIATION SEMINAR

The mediation seminar is limited to 10 participants through NCLE. This 30-hour interactive workshop course is designed primarily to teach the process and communications skills involved in mediating disputes. Click here to view the brochure.

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2004 UPDATES FOR JUDGE GOSSETT'S EVIDENCE MANUAL

Here are the 2004 updates (Nebraska Reports Vol. 266 – 67) for Judge F.A. Gossett’s Evidence Manual. If you wish to purchase the whole manual, contact Cara Kruid at NSBA ext 28 or visit the NSBA Store.

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RESOURCES

PRACTICE TIP: FEES

Remember that clients are often under considerable stress (from their legal problems) the first time they visit a lawyer. Your explanation of your fees and costs may be a model of clarity, but it may not sink in. Give your explanation in writing as well as verbally. If a lot of money is at stake (in the eyes of the client), allow the client time to think it over before committing to your fees. Clients who "buy in" to a fee agreement are more likely to abide by it. Then take the initiative to periodically discuss the amount of fees throughout your representation. If at any given point the fee does not comport with the client's expectations, resolve the situation as soon as possible--don't let it fester until the attorney/client relationship is irreparably damaged.

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PRACTICE TIP: IT'S ALL IN THE INTRODUCTION

Learn how to meet and greet people and not turn them away by how you introduce yourself. If you immediately say "I'm a labor lawyer," few people will ever think to themselves that they will need your services. At that point you may have lost the opportunity to market yourself for any other purpose. Create a five second introduction and repeat when meeting new people (i.e. potential new clients). It should be natural and informative, such as "I am a problem-solver for small businesses" or "I help families plan for their financial future."

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