CONTACT US AT:

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 -- Monday, March 7, 2005

Articles

DEMANDING DIVERSITY: CORPORATE PRESSURE IS CHANGING THE RACIAL MIX AT SOME LAW FIRMS

Sara Lee Corp. general counsel Roderick Palmore halts a second when asked to come up with a fresh anecdote, some new concrete example of why diversity matters in the legal profession.

He’s been making the business case for diversity for so long, these questions are irritating. So, switching gears, he answers with a story about an employee who dreamed up the innovative tagless T-shirt idea used by Sara Lee’s Hanes clothing brand.

Without her on the product development team, would Sara Lee have nixed the annoying tag? Palmore doesn’t know for sure.....(more)

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JUDICIAL NOMINATION BATTLES ARE NOT NEW

The nomination of federal judges has become one of the most controversial of all presidential acts. No spending bill, tax cut proposal or even act of war seems to raise congressional tempers so quickly to a boil -- and provide red meat to partisan ideologues and fund-raisers alike -- as when the president sends a high-profile name down to Congress for an appointment to the bench.......(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!

THANK YOU TO THE SPONSORS OF THE NINTH ANNUAL NSBA GOLF TOURNAMENT!!

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http://court.nol.org/trialcourt/county/DougCo.htm#1

DOUGLAS COUNTY COURT RULES

    Trial Court Rules - County Court

DOUGLAS COUNTY COURT RULES
RULE 1

    When attempting the following remedies/procedures listed below, the forms provided by the Clerk of the Court, and only those forms, may be
used:

    1. Temporary Order to Clerk in Replevin

    2. Application/Order for Continuing Lien

    3. Application/Order to Deliver Non-Exempt Funds

    4. Motion/Affidavit/Order in Aid of Execution

    5. Motion/Affidavit/Order for Alternate Service

    These forms are available free of charge in unlimited quantities at the office of the Clerk of the Court.

Rule 1 approved February 9, 2005.


Janet Bancroft
jhammer@nsc.state.ne.us
Nebraska Supreme Court Public Information Officer The Executive Building, 521 South 14th Street, Suite 200 Lincoln, NE 68509
P: 402-471-3205 F:402-471-3071
web: www.nebraskacourt.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 third session of 2005 is scheduled for March 9, 2005 at the UNL law school. Dennis Keefe and Joe Kelly will discuss the anatomy of a criminal trial. A reception will follow. Click here for the registration form.

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TWELVE SUBMIT THEIR NAMES FOR DISTRICT JUDGE IN THE FOURTH JUDICIAL DISTRICT

LINCOLN -- W. Russell Bowie, Todd E. Frazier, Amy S. Geren, Barbara A.Kueny,
Dennis P. Lee, Michael J. Lehan, Paul F. Peters, Michael W. Pirtle,
Marlon A. Polk, Daniel W. Ryberg, Joan M. Stacy, all of Omaha; and Thomas C. Lauritzen, Bennington,
have submitted applications for appointment as District Judge in the 4th
Judicial District consisting of Douglas County. The vacancy is due to the
retirement of Judge Robert V. Burkhard.

The public hearing of the Judicial Nominating Commission will
be held in the ­­­­Hall of Justice, 1701 Farnam Street, Courtroom # 5,
Fifth Floor, in Omaha, Nebraska, beginning at 10:00 a.m. on Monday, March
14, 2005. The Commission will review all applicants for the office at that
time. The public is welcome to attend the hearing and present information
concerning candidates for the judicial opening.

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/rosterdc4.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.

http://court.nol.org/press/releases/burkhard2.htm

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SIXTEEN SUBMIT THEIR NAMES FOR COUNTY JUDGE IN THE FOURTH JUDICIAL DISTRICT

LINCOLN -- Susan M. Bazis, Craig H. Borlin, Duane C. Dougherty, Barry S. Grossman,
David W. Johnson, Jr., John J. Kohl, James R. Kozel, Dennis P. Lee,
Craig Q. McDermott, Timothy D. Mikulicz, Paul C. Pennington, Ralph E. Peppard,
Michelle A. Peters, Shelly R. Stratman, all of Omaha; Dennis E.Koley, Arlington;
and Brian J. Lockwood, Gering, have submitted applications for appointment as
County Judge in the 4th Judicial District consisting of Douglas County.

The vacancy is due to the retirement of Judge Samuel V. Cooper, effective February 1, 2005.
The public hearing of the Judicial Nominating Commission will be held in the ­­­­Hall of Justice,
1701 Farnam Street, Courtroom # 5, Fifth Floor, in Omaha, Nebraska, beginning at 10:00 a.m.
on Friday, March 11, 2005. The Commission will review all applicants for the office at that
time. The public is welcome to attend the hearing and present information concerning candidates
for the judicial opening.

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/rostercc4.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.

http://court.nol.org/press/releases/cooper2.htm

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TWELVE SUBMIT THEIR NAMES FOR DISTRICT JUDGE IN THE 2ND JUDICIAL DISTRICT

LINCOLN -- David K. Arterburn, Papillion; Teresa J. Colombo, Papillion;
Patrick F. Condon, Bellevue; Steven M. Delaney, Bellevue; Ann E. Ebsen, Bellevue;
PaTricia A. Freeman, Papillion; Carll J. Kretsinger, Papillion;
David P. Lepant , Lincoln; Brian J. Muench, Papillion; Michael A. Smith, Springfield;
Michael D. Wellman, Omaha; and Wendall E. Wood, Papillion, have submitted applications
for appointment as District Judge in the 2nd Judicial District consisting of Cass, Sarpy,
and Otoe counties.

The vacancy is due to the retirement of Judge Ronald E. Reagan, effective February 1, 2005.

The public hearing of the Judicial Nominating Commission will be in Courtroom
# 3 at the Sarpy ­­­­County Courthouse, 1210 Golden Gate Drive, in Papillion, Nebraska,
beginning at 10:00 a.m. on Monday, March 14, 2005.

The Commission will review all applicants for the office at that time. The
public is welcome to attend the hearing and present information concerning
candidates for the judicial opening.

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.

http://court.nol.org/press/releases/reagan2.htm

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SUPREME COURT APPOINTS DEBORA BROWNYARD AS NEW DISPUTE RESOLUTION AND RURAL COURT SERVICES DIRECTOR

Lincoln – Nebraska Justice Center Executive Director, Debora Brownyard, has been named new Dispute Resolution and Rural Court Services Director by the Nebraska Supreme Court. Brownyard is a Nebraska lawyer and mediator who currently resides in Lyons and directs the mediation center in Walthill which serves the northeast and north central areas of the state.

She will be responsible for organizing and supporting the statewide dispute resolution services throughout Nebraska, as well as general grant development and programming for rural court services.

“Deb Brownyard has a wealth of experience in alternative dispute resolution and an understanding of the needs of courts in more rural parts of the state,” said State Court Administrator Frank E. Goodroe. “She has successfully expanded the mediation center in Walthill from a two-person operation to a multi-dimensional center whose budget runs at nearly half a million dollars.”

Brownyard was the founding director of the Nebraska Justice Center which began offering mediation services in 1992. She has authored many publications ranging from an Elementary Conflict Resolution Skills Workbook to complete training manuals for mediation. She has a wide variety of training experience both nationally and within the state. Her training topics include the areas of Family Group Conferencing, Restorative Justice, Diversity and Culture Basic and Family Mediation, School-Based Peer Mediation and others.

“As Executive Director for the Nebraska Justice Center, I have had the most wonderful, growing and satisfying professional experience of my life,” said Brownyard. “I have been fortunate to have learned from and worked with some of the finest professionals and practitioners in the dispute resolution field. It will be an honor to continue that work on a statewide basis.”

Brownyard’s previous legal experience includes work with the Legal Aid Society, Nebraska Advocacy Services, and the Department of Social Services.

She earned a Bachelor of Arts degree from UNL in 1975 and a Juris Doctorate from the UNL College of Law in 1980.

Brownyard is expected to begin her position in Lincoln in the next couple of months.

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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.

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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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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2005 YLS PRACTICE SEMINAR

    The NSBA Young Lawyers Section's 2005 Practice Seminar is Friday, March 18, 2005 at the University of Nebraska College of Law. Click here for the brochure and to register.

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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: COLOR CODING

Many lawyers use the same ivory-colored files for everything in their office: Client files, research files, business files, financial files, etc. When you need to locate a file, the only way to differentiate between files is to look at the writing on the tab of each file. Even if you have a color-coded numbering system along the edge of the file, it's still not easy to find the one file you need among all the files on your desk or in your office.

So how can you quickly find the one file you need among the many? Color code your files. Use a different color file for each type of file. Client files can be one color. Or you can have a different color file for each substantive area of your practice (family law, T&E, etc.). The business files for your practice can be another color, research files can be another.

Think about how your practice works, and which types of files would best be color-coded. Don't try to do too many colors--three to five works best. Each time you go searching for a file look only at the files of that color. You'll save time and aggravation each time you need to find a file.

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RISK MANAGEMENT TIP: ACCEPTING CLIENTS and/or CASES

• Beware of clients who are changing attorneys.
• Beware of clients who have unreasonable expectations.
• Beware of the client who wants to proceed “at all costs” or “because of the principle”.
• Beware of client who has done considerable research on their own.
• Think twice if the client tries to negotiate or is difficult about the cost of representation.
• Trust your first instinct if your impression of the client or the case is unfavorable.
• Always decline any representation in writing. Avoid giving any recommendations or opinions on the case. and include any statute of limitation dates if applicable.

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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