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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 -- Friday, February 18, 2005

Articles

EXIT INTERVIEWS URGED FOR SMALL BUSINESS

One of your employees just announced she's leaving. What do you do? A wise small business owner will conduct an exit interview, to try to learn all the reasons for the employee's departure. And, in the case of valued workers, they'll also have what's known as a stay interview, to see if there's a way to keep these staffers on. .....(more)

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AFTER WRITING A WILL, YOU STILL HAVE I'S TO DOT

Six years ago, Peggy Hathaway's mother, who had Alzheimer's disease, called her daughter to say that she could not find her stock and bond certificates.

Ms. Hathaway, now 58, flew from Washington, D.C., to her mother's home in Menlo Park, Calif., where she spent three days searching for the certificates before finding them behind an antique organ in the family room. This was one example, Ms. Hathaway said, of how her mother's finances weren't in order.

As her mother's health deteriorated, Ms. Hathaway said she and other family members spent considerable time and ''well into the thousands of dollars'' in legal fees to sort out the finances.......(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!

THANK YOU TO THE SPONSORS OF THE SECOND ANNUAL GREATER NEBRASKA GOLF TOURNAMENT!!


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

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PETITION TO ADOPT RULES OF PROFESSIONAL CONDUCT GOVERNING ATTORNEYS
NOTICE OF COMMENT PERIOD

    On February 17, 2004, the Nebraska State Bar Association filed a “petition to Adopt Rules of Professional Conduct Governing Attorneys,” case No. S-36-040001, in which the NSBA requested that the Nebraska Supreme Court adopt the proposed Nebraska Rules of Professional Conduct and repeal Nebraska’s Code of Professional Responsibility. On April 2, 2004, the proposed rules were published for comment by the Supreme Court for a period which ran until July 16, 2004.  Thereafter, the Court considered the proposed rules as submitted by the NSBA and all comments received.

    The Supreme Court has completed its review and has, with the exceptions noted below,  made no revisions to the rules as they were proposed by the NSBA Ethics Committee in its petition. Any revisions made by the Court to the Committee’s proposed rules are indicated in the revised proposed rules by highlighting, underscoring, or strikeouts. Besides minor editing changes made by the Court, the following is a list of those rules in which the most significant revisions were made by the Court:
Rule 1.1(b); Rule 1.5(b); Rule 1.6(b)(1); Rule 1.6(c); Rule 1.6 at
Comment [6];
Rule 1.9 (d), (e) and (f); Rule 1.15 (a); Rule 1.17(b) and Comment
[8];
Rule 3.3(a)(3) and Comments [10] and [11]; and Rule 6.1 at Comment
[5].

    The Nebraska Supreme Court invites interested persons to comment on the revised proposed Nebraska Rules of Professional Conduct.  Anyone desiring to comment on the revised proposed rules should do so in writing to the office of the Clerk of the Supreme Court and Court of Appeals, P.O. Box 98910, Lincoln, NE 68509-8910, or via e-mail to lasmussen@nsc.state.ne.us, no later than March 14, 2005.

     The full text of the revised proposed Nebraska Rules of Professional Conduct is available (in PDF format) on the Nebraska Judicial Branch web site (click here), or a hard copy of the revised proposed rules may be obtained from the NSBA by sending a request by mail to the Nebraska State Bar Association, Jane Schoenike, P.O. Box 81809, Lincoln, NE 68501-1809, or via e-mail to jschoenike@nebar.com.

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ADD NSBA EVENTS DIRECTLY TO YOUR OUTLOOK CALENDAR

Simply click on the meeting you wish to download from the NSBA calendar and when prompted click the "Open" button. An Outlook appointment screen should then appear. Click the "Save & Close" button to save to your calendar.

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HOUSE MEETINGS

CLICK HERE FOR THE NSBA CALENDAR

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 second session of 2005 is scheduled for February 23, 2005 at the UNL law school. Kent Frobish form the counsel of discipline's office will be the speaker. A reception will follow. Click here for the registration form.

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END OF LEGISLATION SESSION SUMMARY

Click here to view the 2004 end of legislation summary....

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MINORITY AND JUSTICE IMPLEMENTATION COMMITTEE RELEASES 2005 PROGRESS REPORT

The Nebraska Supreme Court and the Nebraska State Bar Association, with the assistance of the Public Policy Center, established the Minority and Justice Task Force in 2001 to identify actual or perceived racial/ethnic bias and discrimination in the Nebraska justice system and make recommendations to the Supreme Court on how to address any identified inequities. The major recommendation of the Final Report was to establish a standing committee to implement the Task Force's recommendations. The Minority and Justice Implementation Committee, consisting of a racially and ethnically diverse group of judges, lawyers, and community leaders has been formed and is currently working on a number of initiatives. In an effort to share their progress and future agenda the Minority and Justice Implementation Committee is proud to release its 2005 Progress Report. The Report is available on-line at:

http://www.nebar.com/pdfs/misc_pdfs/MJTF-Progress_Report_05.pdf or

http://ppc.nebraska.edu/program_areas/documents/mjtf/MJTF-2005Progress_Report.pdf

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APPLICATION DEADLINE SET FOR COUNTY COURT JUDGE VACANCY, 2ND JUDICIAL DISTRICT

According to Supreme Court Justice William M. Connolly, the Judicial Nominating Commission for County Judge in the 2nd Judicial District (consisting of Cass, Sarpy and Otoe Counties) will hold a public hearing in District Courtroom # 3 at the Sarpy County Courthouse located at 1210 Golden Gate Drive in Papillion, Nebraska, beginning at 10:00 a.m. on Monday, April 11, 2005. The principal place of office for the judicial vacancy is Papillion. 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 retirement of Judge Larry F. Fugit, effective April 1, 2005.

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. Monday, March 21, 2005, to the Chairperson, Justice Connolly, 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&dc2.htm.

For special accommodations relating to the Americans with Disabilities Act, please call (402) 471-3730. For persons with hearing impairments, please call the Nebraska Relay System, 7-1-1. AA/EOE.

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APPLICATION DEADLINE SET FOR COUNTY COURT JUDGE VACANCY, 5TH JUDICIAL DISTRICT

February 18, 2005

FOR IMMEDIATE RELEASE

March 23, 2005, Application Deadline Set for County Court Judge Vacancy,

5th Judicial District

LINCOLN -- According to Supreme Court Justice John F. Wright, the Judicial Nominating Commission for County Judge in the 5th Judicial District (consisting of Boone, Butler, Colfax, Hamilton, Merrick, Nance, Platte, Polk, Saunders, Seward, and York Counties) will hold a public hearing in the District Court Courtroom at the Seward ­­­­County Courthouse in Seward, Nebraska, beginning at 10:00 a.m. on Wednesday, April 13, 2005. The principal place of office for the judicial vacancy will be either Hamilton or Merrick County. 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 retirement of Judge Gary F. Hatfield, effective March 31, 2005.

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., Wednesday, March 23, 2005, to the Chairperson, Justice Wright, 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&dc5.htm.

For special accommodations relating to the Americans with Disabilities Act, please call (402) 471-3730. For persons with hearing impairments, please call the Nebraska Relay System, 7-1-1. AA/EOE.

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VIDEOCONFERENCE: PROSECUTING CRIMINAL & CIVIL ACTIONS AGAINST PERPETRATORS OF ABUSE & NEGLECT AGAINST VULNERABLE ADULTS

On Monday March 14, 2005 from 9AM to 12 noon CST there will be an interactive videoconference linking 13 sites across the state: Prosecuting Criminal and Civil Actions Against Perpetrators of Abuse and Neglect Against Vulnerable Adults

Featured Speaker: Doug Warner JD, Scottsbluff Deputy County Attorney
Panel to include: Don Kleine JD, NE Attorney General’s Office; Mike Rumbaugh JD, NE Attorney General’s Office; Jeffery Kirkpatrick JD of McHenry, Haszard law firm, Lincoln; others.

Target audience: County Attorneys, Civil Trial Attorneys, Law Enforcement, Adult Protective Services workers, Developmental Disabilities Service Coordinator Supervisors, others.

The goals are a) to identify ways to enhance successful prosecution of criminal and civil cases against perpetrators where victims have developmental disabilities or severe physical or cognitive impairments, 2) to build awareness of cases such as State v. Fields, 268 Neb. 850 (2004) and the recent civil judgment in Gage County, and 3) to build and reinforce regional and statewide networks of interested professionals across the state – both attorney to attorney as well as across disciplines. A follow-up “bridge-line” telephone conference call at the end of March will allow interested parties to continue the process.

Presented free of charge by the ARC of Nebraska. Costs underwritten through a grant from the Developmental Disabilities Council and Nebraska Advocacy Services, Inc.
For more information: http://www.arc-nebraska.org/SPANN.htm
Pre-registration is appreciated to anticipate training materials and refreshment needs at each site, however walk-ins welcomed. To pre-register, please contact: A. Jocelyn Ritchie JD PhD at arcneb@inebraska.com or call the ARC of Nebraska at 402-475-4407.

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ABA TECHNOLOGY SHOW

Attend the ABA TECHSHOW March 31 – April 2, 2005 at the Sheraton Chicago Hotel and Towers, and get up-to-speed on the latest and greatest in legal technology! ABA TECHSHOW is the world’s premier legal technology conference and expo. Produced by the ABA Law Practice Management Section (www.lawpractice.org), ABA TECHSHOW offers more than 50 education sessions in twelve exciting tracks and a two-day expo featuring the latest cutting-edge technology. To register, visit http://www.abanet.org/techshow/register. Complete information including sessions, speakers, and vendors can be found at www.techshow.com.

Big Savings! Sign up by February 18, 2004 and receive a $100 discount off the $795 registration fee. Sign up through the Nebraska State Bar Association using the following program promoter code PP07and receive an additional $100!

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LEGAL DIVERSITY SUMMIT

Nebraska’s first Legal Diversity Summit has been scheduled for April 11, 2005 from 1:00 to 6:00 p.m. at Embassy Suites (555 S. 10th Street) in Omaha. This important event will include:

Keynote Speaker: Dennis Archer, the first African American President of the American Bar Association, former Michigan Supreme Court Justice, former mayor of Detroit, and named one of the United States’ Most Powerful Attorneys by the National Law Journal.
Sessions on how to improve your efforts to recruit and retain attorneys of color.
Networking Reception with minority law students from Nebraska, Iowa, Kansas, Missouri and South Dakota.
Introduction of Nebraska’s new Legal Diversity Website, a new venue for Nebraska’s legal employers to specifically recruit attorneys of color.

This conference is a joint effort of the Nebraska State Bar Association, the Midlands Bar Association, the Nebraska Hispanic Bar Association, the Nebraska Supreme Court, the Minority and Justice Implementation Committee, Creighton University School of Law and the University of Nebraska College of Law. The goal of this event is to bring legal employers together to focus on increasing the racial and ethnic diversity of our profession. We hope that you will come away from this conference with some new ways of understanding the value of a diverse workforce, strategies for recruiting and retaining attorneys of color, and a renewed commitment to work together toward a more diverse legal community in Nebraska. For more information or to register for the event, contact Liz Neeley, PhD at the Nebraska State Bar Association at (402) 475-7091 or lneeley@nebar.com.

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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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2005 ESTATE PLANNING INSTITUTE AT THE VAIL CASCADE RESORT

Mark your calendars for the 2005 estate planning institute at the Vail Cascade Resort June 30-July 2, 2005. More information to come soon. Click here to view the brochure.

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CONSTRUCTION LAW SEMINAR

Mark your calendars for the March 18th Construction Law seminar at Southeast Community College. More information to come soon. Click here to view the brochure.

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RESOURCES

PRACTICE TIP: THE MOUSE IS YOUR FRIEND

If you are learning a new software application or program and seem to be stuck, try right-mouse clicking to view additional options. You may find short cuts to some very useful parts of the application, plus find a quick way to do some everyday things like cutting and pasting. And best of all, if the right-mouse menu doesn't contain what you need, you can easily click out of the menu via a normal left-mouse click. So regardless of what program you are working in, stop now and Right-Mouse Click! (Note for left-handed individuals: You can configure your mouse so that your right-mouse click is really a left-mouse click under the Buttons tab in Start/Settings/Control Panel/Mouse.)

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PRACTICE TIP: THANK YOU

Create a "Thank You" file. In it should go the letters from satisfied clients, the replies from speaking engagements, the Little League support letter-anything that demonstrates that you are making a positive difference in someone's life. What gets measured gets done. Start measuring the impact that you are laving on the world. After all, it's a wonderful life!

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RISK MANAGEMENT TIP: CLIENT/CONFLICTS OF INTEREST

Knowing how to check for and identify conflicts is essential to avoid a legal malpractice claim. Having a good client intake form is an excellent first step. In addition to the basic client and case information, client intake forms should contain the following:

• Prior attorneys consulted about the proposed case.
• How the client chose your firm (referrals, advertising, etc.)
• Opponents and their counsel.
• Fee and Billing arrangements.
• Does the firm have the expertise to handle the case?
• Are the Client’s goals and expectations of success reasonable?
• Does the firm have the necessary staffing?
• Can the firm afford a contingency fee arrangement, if applicable?
• What red flags appeared during the initial interview?
• What are the statutes of limitations or other time sensitive deadlines? Can the firm meet them?

This tip is reprinted by permission of Marsh Affinity Group Services, a Service of Seabury & Smith. It is not intended to prevent any legal malpractice action. It should be used only as a guide for implementing procedures that could lead to the avoidance of such actions.

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