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P.O. Box 81809
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ph. (402) 475-7091
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NSBA Web Site

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

E-COUNSEL --Tuesday, June 14, 2005

Articles

TRIAL OF THE TAPE

As courts install sophisticated, supposedly fail-safe electronic recording equipment, along comes a reminder that technology is only as good as the humans who run it. A New Jersey judge has discovered that a clerk's failure to switch on a tape recorder caused a two-hour gap in the verbatim record of the trial that led to the largest liquor-liability award in U.S. history. "The absence of a verbatim record of any portion of the trial record raises a question of fairness," Judge Mary Cuff said......(more)

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MANAGING CLIENT EMOTIONS

Lawyers are trained to deal with facts, evidence and strategy. Such forward thinking can sometimes cause you to miss what's important to your client here and now. Clients bring to your office more than just legal problems; they bring with them feelings about those legal matters and a host of emotional and psychological issues that may impact how they think and feel about the legal issue at hand. Not responding to these feelings can have a significant impact on the effectiveness of your lawyering........(more)

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NSBA NEWS

CHARITABLE FUNDS INC.,

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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RULES OF PROFESSIONAL CONDUCT ADOPTED BY NEBRASKA SUPREME COURT

The Rules of Professional conduct were adopted on June 8, 2005 and will become effective September 1, 2005.

Court Order
Complete Rules

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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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OFFICE DEPOT-ANOTHER MEMBER BENEFIT


Office Depot is our office supply partner. This member benefit offers significant savings on your office supply

purchases. They bring our members the very best value with contract pricing on all your office supply needs.

The program includes savings of 50% on black/white and color copies at the Office Depot Stores.

Catalog or internet orders will be delivered right to your office with no additional delivery charges or you may use one of their

1000 stores nationwide. With 100% satisfaction guarantee, fanatical customer service and innovative solutions

for your business this is a member benefit worth using. For further information about Office Depot and the NSBA office supply

program, please call Loren Binko at 402-926-0166 x208 or toll free 888-438-2822 x208.

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JOB ANNOUNCEMENT

Opening Date: June 6, 2005
Closing Date: July 6, 2005

Position: TRIBAL COURT PROSECUTOR
Immediate Supervisor: Winnebago Tribe of Nebraska-General Counsel
Condition of Employment: Regular Full-Time Salary / Grade: Contract

ORGANIZATIONAL LOCATION & DUTY STATION: Winnebago Tribal Court. Located in Winnebago, Nebraska 68071

HOW TO APPLY: Applicants must submit the following applicable documents to: Winnebago Tribe of Nebraska. ATTENTION: Personnel Office, P.O. Box 687 Winnebago, Nebraska 68071. For further information on this vacancy, call Gerben D Earth, Personnel Officer at 402-878-3128. Applicants must submit a letter of application for the SPECIFIC position applied for, with a complete resume or a letter of application with a completed application form and two (2) letters of reference. If claiming Indian preference, verification of Indian quantum and or veteran status must be confirmed. INCOMPLETE APPLICATIONS WILL NOT BE CONSIDERED. Applications and required documents must be received by the Personnel Office NO LATER THAN THE CLOSING DATE: FAILURE TO SUBMIT THE REQUIRED DOCUMENTS BY CLOSING DATE WILL RESULT IN NOT BEING CONSIDERED FOR THE POSITION.

APPLICANTS MUST SUBMIT A WRITING SAMPLE WITH APPLICATION:
NATURE OF WORK:
Incumbent will be responsible for conducting prosecution in all criminal court proceedings on behalf of the Winnebago Tribal Court. Must present to the Court, childcare issues involving abuse, neglect, dependency, and child in need of supervision cases. Is the Courts designated representative providing services required by the Indian Child Welfare Act and Protection Services Agreement and the Winnebago Tribal Code.

ILLUSTRATIVE EXAMPLES OF WORK:
1. Gathers and Analyzes evidence in cases.
2. Reviews pertinent decisions, policies, regulations, and other legal matters pertaining to case.
3. May present evidence against accused to judge or jury for indictment or release of accused.
4. Appears against accused in court of law and presents evidence before judge.
5. Work with community resources to develop sentencing alternatives.
6. Evaluate and initiate appropriate intervention based on information provided by the public and childcare agencies concerning the abuse, neglect, and dependency of minor children under the jurisdiction of the Winnebago Tribal Court.
7. Presents to the Court pleadings, motions, orders, and such other documentation, as is necessary, to initiate, review and close cases.
8. Conduct legal research as needed.

QUALIFICATIONS:
1. Licensed or qualified attorney at law is required.
2. Two (2) years legal experience is required, preferably in litigation.
3. Must have never been convicted of a felony for which he/she did not receive a full pardon.
4. Must be of high moral character.
5. Must be familiar with the Code of Professional Ethics for attorneys.
6. Must be willing to be "ON CALL" during off duty hours.

Under Federal Law, all qualified Indian applicants will receive preference over non-Indian applicants. In the absence of qualified Indian applicants considerations shall be given to applicants without regard to race, color, religion, sex, national origin, age marital or veteran status, the presence of a non-job-related medical condition or handicap, or any other legally protected status.

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SUPREME COURT APPOINTS SCOTT CARLSON AS STATEWIDE COORDINATOR FOR NEWLY CREATED POSITION WITH PROBLEM SOLVING COURTS

Lincoln – Lancaster County Juvenile Court Drug Court Coordinator, Scott Carlson, has been named new Statewide Coordinator for Problem Solving Courts by the Nebraska Supreme Court. He will be responsible for organizing and supporting the existing statewide drug courts and assisting in the establishment of problem solving court services throughout Nebraska in both urban and rural courts.

"Scott's skills in community organizing and his knowledge of problem-solving courts have prepared him for the exciting work of building a network of new services across the state. I'm very pleased that he is joining us in this new venture" said State Court Administrator Janice K.
Walker.

Carlson was the first coordinator of the Lancaster County Juvenile Drug Court which began in 2000. His experience includes Assistant Group Living Director, Team Leader, Group Leader and Youth Counselor at the Clarinda Academy in Iowa. The academy is a residential foster care facility that provides treatment and shelter care to at-risk and delinquent youth from several states. It offers long-term residential treatment, a 90-day impact program, shelter care, and transitional living services for more than 250 young people.

“As Coordinator for the Juvenile Drug Court in Lancaster County, I have been fortunate to be involved with a program that is making great strides in addressing the substance abuse and law violation issues all too common in our community,” said Carlson. “I am excited and honored to be tasked with the continuation of that work on a statewide basis.”

Carlson earned a Bachelor of Science degree in Criminal Justice at the University of Nebraska at Lincoln/Omaha and is expected to begin his position July 1.

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BEST PRACTICES SEMINAR

The outstate Best Pratices Series has been scheduled for July 12th and August 2nd at the Kearney Holiday Inn and on August 17th at Bayside Golf Club in Ogallala. Click here for additional information and the registration form.

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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 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.

This two day program is accredited in Iowa and Colorado.

Iowa - Total/Regular CLE Hours Approved 9.5 Of that total, 1 hour is approved for Ethics 1 Iowa Activity No. 30549

Colorado – Total/ Regular CLE Hours approved 11 of which 1.2 count for Ethics. (No activity number)

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NCLE SEMINARS THROUGH SEPTEMBER

Click here to view upcoming seminars through September.

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RESOURCES

PRACTICE MANAGEMENT TIP: SUMMER

Let's talk about summer; are you taking a vacation this year? Psychologists agree vacations are a way to take a break from a busy, stressful schedule. But don't fall into two common traps: Don't overplan your vacation. Scheduling too many things can be counterproductive to a relaxing vacation. Avoid rushing to do anything, and leave time to be spontaneous. And just make time to do nothing. If you feel you must bring along work, laptop or cell phone, limit the amount of time you spend using them. Otherwise, you are cheating yourself and your family out of a meaningul, refreshing experience.

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PRACTICE MANAGEMENT TIP: THE TWO MINUTE RULE

If you pick up a file, document, letter, or phone message, and can het it done in two minutes or less, do it immediately! If it will take longer than two minutes, quickly assign it a high, medium or low priority, then add it to your "to do" list. Now get it off your desk and out of your mind until it comes up on your "to do" list again. Try this for several days, and see if it helps you get your work done!!

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