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 --Friday, June 24, 2005

Articles

ARE YOU SUFFERING FROM VACATION DEPRIVATION?

Three million years worth of days – that’s how many vacation days American workers won’t bother to take in a given year, according to new studies released by Harris Interactive, Expedia.com and Universal Parks and Resorts ......(more)

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HOW TO REALLY SET YOURSELF APART FROM THE COMPETITION

I'm always coming across articles and books by marketing gurus about how you must differentiate yourself from your competition. Their writing is usually peppered with advice on how to "position" yourself and "brand" your practice.

And many attorneys spend a lot of time, energy, and money trying to convince potential clients that they are somehow different (read: better) than others who provide the same service. It's a fool's errand, and I'll tell you why........(more)

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NSBA NEWS

CHARITABLE FUNDS INC.,

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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YOUNG LAWYERS SECTION GOLF TOURNAMENT


The Young Lawyers Golf Tournament is scheduled for Friday, July 29, 2005 at Arbor Links Golf Course in Nebraska City.
The cost is $75 per person, $300 per team.

Sign up your 4-person team today

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GOV. HEINEMAN APPOINTS WILLIAM BINKARD OF PONCA TO SIXTH JUDICIAL DISTRICT JUDGESHIP

Lincoln, Neb.) Gov. Dave Heineman today announced his appointment of William Binkard as a district court judge for the Sixth Judicial District.

The district includes the counties of Burt, Cedar, Dakota, Dixon, Dodge, Thurston, and Washington.

Gov. Heineman said, “I was very impressed by Bill’s qualifications and I know his more than 30 years of legal and trial experience will serve him and the residents of the Sixth District well.”

Binkard, 56, has maintained a private law practice representing clients in Nebraska and Iowa since 1977. Upon entering private practice, he worked for 10 years as an associate with Don A. Fitch. He served as Deputy County Attorney for Dakota County from 1977 to 1979. He was the Assistant County Attorney in Woodbury County in Iowa from 1976 to 1977, and began his legal career with Qualley Law Offices in Sioux City, Iowa in 1975.

He also served as a lawyer member of the Sixth Judicial District Mental Health Board for 25 years, was a hearing examiner for South Sioux City Community Schools, and from 1990 to 1997 was a member of Nebraska’s District 3 Committee on Judicial Inquiry. He is a member of both the Nebraska and Iowa State Bar Associations.

Binkard was previously elected to serve three terms as a member of the Ponca School Board. He is a member of the South Sioux Chamber of Commerce, and is a former member of the South Sioux Rotary Club, serving as president from 1982 to 1983.

Prior to earning his law degree from Drake University in 1975, Binkard received his undergraduate degree in economics from the University of Iowa in 1972.

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NEBRASKA LEGAL DIVERSITY WEBSITE

The Minority and Justice Implementation Committee, together with the Nebraska State Bar Association, the Midlands Bar Association, the Nebraska Hispanic Bar Association, Creighton University School of Law and the University of Nebraska College of Law are proud to present Nebraska’s Legal Diversity Website (www.nelegaldiversity.org). The website is designed to showcase the growing diversity in Nebraska and to provide prospective and current minority law students and lawyers with information about: living in Nebraska, attending law school in Nebraska, scholarship opportunities, voluntary Bar Associations, information on networking opportunities and events, job postings from firms and organizations seeking minority applicants, discussion forums, an on-line mentoring program and more. The website is expected to promote diversity in Nebraska’s legal profession, by providing prospective and current law students and attorneys with information and resources to help them build relationships in Nebraska and by providing law schools and legal employers with the resources to reach out to diverse candidates.

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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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NCLE WORKING ON UPDATED PROBATE SYSTEM IV PROGRAM

NCLE is working with Basha Systems to develop an automated version of Probate System IV with revised and updated forms. This new product will feature a subscription whereby you only purchase the number of probate packages that you need and you do not need to buy other software to use it. The online system is expected to be ready to go by October 2005.

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GREAT PLAINS TAX INSTITUTE

The 2005 Great Plains Federal Tax Institute is meeting in Omaha at the Embassy Suites-Old Market on December 1 and 2, 2005

The program will feature current developments in Income, Estate, and Gift Tax and much more up-to-the-minute tax information of interest to CPAs, Attorneys, Financial Planners, Life Insurance Professionals and other Tax Professionals.

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NEW NEBRASKA COURT RULE 62

COUNTY COURT AND SMALL CLAIMS COURT JURISDICTIONAL LIMITS

I. County Court Civil Jurisdiction. The Nebraska Supreme Court has determined, pursuant to Neb. Rev. Stat. § 24 517(5), that on or after July 1, 2005, each county court shall have concurrent original jurisdiction with the district court in all civil actions of any type where the amount in controversy is $51,000 or less.

II. Small Claims Court Jurisdiction. The Nebraska Supreme Court has determined, pursuant to Neb. Rev. Stat. § 25 2802(4), that on or after July 1, 2005, each small claims court shall have jurisdiction in all civil actions set forth in Neb. Rev. Stat. § 25 2802(1) and (2) where the amount in controversy is $2,700 or less.

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UPDATED CASEMAKER USERS MANUAL

The Nebraska State Bar Association is one of 21 state bar associations across the country providing members free online legal research. Casemaker is a online legal research tool with a powerful search engine providing access to a combination of state and federal materials.

Log on to Casemaker today to view the Nebraska library. If you don't know your password, please call Sam Clinch at 1-800-927-0117 or email him at sclinch@nebar.com.

Details on how to use Casemaker is available by using the:
Online Users Manual
Online Demonstration
Frequently Asked Questions
A "cheat sheet" of searches
Tips & Shortcuts

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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: CONFIDENTIALITY

Practice management advisors from bar associations and law societies (in Canada) make numerous visits to law practices to help lawyers in the management of their practices. One issue that frequently arises is the confidentiality of client information. If you are in an office sharing arrangement, you should take overt steps to ensure that persons not associated with your practice do not have access to your files or other client information. Client files must remain confidential, and that confidentiality does not extend to other lawyers or non-lawyers sharing your suite. Lock your office door when you're out of the office. Remember to do the same with the files on your secretary's workstation or in file cabinets in a public area. Also, if you share a receptionist, be sure to periodically remind him or her not to discuss your business or your clients with others sharing the suite.

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