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P.O. Box 81809
Lincoln, NE 65801

ph. (402) 475-7091
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fx. (402) 475-7098


NSBA Web Site

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

E-COUNSEL --Wednesday, October 12, 2005

Articles

NEW SURVEY OF LAWYERS' TECHNOLOGY USAGE RELEASED BY ABA

The percentage of lawyers using wireless technology to connect to the Internet away from the office has more than doubled since 2003, according to the results of the 2004-2005 American Bar Association Legal Technology Survey
......(more)

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ARGUING BEFORE THE SUPREME COURT OF THE UNITED STATES OR LESSER COURTS

When lawyers are first faced with an argument before the Supreme Court or any type of argument before any court dealing with the interpretation of a statute, they should organize their thoughts as to how the courts in the past have indicated how they wish to interpret the statutes........(more)

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NSBA NEWS

NEBRASKA SUPREME COURT NAMES BROKOFSKY AS PROBATION ADMINISTRATOR

Lincoln – The Nebraska Supreme Court has named Ellen Fabian Brokofsky as State Probation Administrator. Ms. Brokofsky will provide administrative support to the Nebraska Supreme Court in planning, organizing, and directing the functions of the Nebraska State Probation System which includes over 200 probation officers throughout the state. A veteran to probation, Ms. Brokofsky began as a probation officer in 1975 and has been a Chief Probation Officer in Sarpy, Cass and Otoe Counties for the last 15 years.

“Given Ms. Brokofsky's nearly 30 years as a probation officer, the last 15 years being served as a Chief Probation Officer, the Supreme Court has confidence in her knowledge of the probation system and her demonstrated leadership abilities,” said Chief Justice John V. Hendry on behalf of the Nebraska Supreme Court.

“Ms. Brokofsky's past experience as a Chief Probation Officer for District 5, which includes Sarpy, Cass, and Otoe Counties, together with her prior responsibilities as Chief Probation Officer for juvenile probation in Sarpy County, gives Ms. Brokofsky a good understanding of the needs associated with both urban and rural probation offices, as well as juvenile probation issues,” said Chief Justice Hendry.

Ms. Brokofsky is a Licensed Alcohol and Drug Abuse Counselor, current president-elect of the National Juvenile Court Services Association, member of the National Council of Juvenile and Family Court Judges Substance Abuse Committee since 1990, and current member of Nebraska’s Community Corrections Council Justice Substance Abuse (JSAT) Subcommittee.

Ms. Brokofsky is completing a Masters in Management degree at Bellevue University. She received the 1993 Tribute Award from the Court Appointed Special Advocates and the 2000 Outstanding Supervisor Award from the Nebraska Probation System.

“I am truly honored to serve the Nebraska Supreme Court as State Probation Administrator,” said Ms. Brokofsky. “ I believe that building an integrated, diverse, and responsive probation system requires a leader not only able to apply new skills to our everyday business, but also a leader with a progressive vision toward our future. Probation service has enriched my life for almost 30 years. As Probation Administrator, I will work to the best of my ability to enrich this probation system I am so privileged to serve.”

Ms. Brokofsky will commence her duties as Probation Administrator on October 1, 2005.

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DIRECTOR OF ADMISSIONS

The Nebraska State Bar Association seeks candidates for Director of Admissions. The position is responsible for the administrative functions associated with the application for admission to the practice of law in Nebraska. BA required, JD preferred. Excellent communications skills, knowledge of the legal community, the ability to handle confidential information and creativity required. First resume review October 15, 2005. EOE. Send resume and salary requirements to NSBA, P.O. Box 81809, Lincoln, NE 68501-1809.

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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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JURY PARTICIPATION PROJECT

The Minority and Justice Implementation Committee was awarded $30,000 from Woods Charitable Fund to develop, implement and evaluate a statewide educational campaign designed to educate and encourage jury service, especially among minority communities. The results of the evaluation will be used to inform and make policy recommendations to the Administrative Office of the Courts to increase juror participation and encourage minority representation on juries. The project is a collaborative effort among the Administrative Office of the Courts, the Mexican American Commission, the Urban League of Nebraska, and the Commission on Indian Affairs.

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SAO POSITION ANNOUNCEMENT

#SAO2005-01

STAFF ATTORNEY

The United States Court of Appeals for the Eighth Circuit is looking for smart, hardworking lawyers or recent law school graduates to serve in two-year clerkships as staff attorneys in St. Louis, Missouri, beginning in August 2006. Staff attorneys work under the direction of the Senior Staff Attorney for the court as a whole, primarily preparing legal memoranda and proposed per curiam opinions for cases in which a party is proceeding without an attorney, and for counseled cases that are decided by the court on the briefs. Candidates should excel in legal research and analysis, and should be superior writers who wish to become better writers. Candidates must be willing and able to work with an editor. A demonstrated commitment to justice is desirable. Minimum qualifications for a CL 27, Step 25 level (currently $50,708) are graduation with a J.D. or LL.B. degree from an accredited law school, and one year of specialized experience, which may be satisfied by superior academic performance in law school. Candidates are being sought on a nationwide basis; must be U.S. citizens or eligible to work in the United States; must agree to be paid by direct deposit. The court is an equal opportunity employer. Applicants should submit cover letter (referencing announcement number above), resume, copy of law school transcript, indication of class rank, unedited writing sample, and a list of three references, to Senior Staff Attorney, U.S. Court of Appeals for the Eighth Circuit, 111 South 10th Street, Suite 23.336, St. Louis, Missouri 63102. Only resumes received by November 15, 2005, are assured consideration.

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BEST PRACTICES SEMINAR FOR THE FALL OF 2005

The third installment of the Best Pratices Series is scheduled at the Regency Lodge in Omaha on October 18, 2005. The topic is Your First Deposition by Julia Belian. Click here for additional information and the registration form.

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NEBRASKA DELEGATION TO ATTEND LANDMARK NATIONAL MEETING TO REFORM FOSTER CARE SYSTEM

Nebraska Delegation to Attend Landmark National Meeting to Reform Foster
Care System
Sept. 20 – 23, 2005
Held in Bloomington, Minnesota

Lincoln – Nebraska Court and Health and Human Services agency leaders are participating in an unprecedented national effort to better protect abused and neglected children who are in the court system. Nebraska’s team
includes: Chief Justice John V. Hendry; Chief Judge of the Court of Appeals, Rett Inbody and Separate Juvenile Court Judge Doug Johnson who co-chairs the Supreme Court Commission on Children in the Courts; State Court Administrator Janice Walker; Director of Nebraska Health and Human Services System Nancy Montanez; Administrator of the Health and Human Services Office of Protection and Safety, Todd Reckling and Director of the Nebraska Court Improvement Project Dr. Victoria Weisz.

The Nebraska group is joining court leaders and representatives of child welfare agencies from every state, the District of Columbia, and three U.S.
territories for Changing Lives By Changing Systems: National Judicial Leadership Summit for the Protection of Children, Sept. 20 – 23 in Bloomington, Minnesota.

This event coincides with the Supreme Court’s formation of the Commission on Children in the Courts this past January. “We are committed to making improvements for children who are involved with the court system,” said Chief Justice John V. Hendry. The Court’s commission consists of judges, lawyers, representatives of the legislative and executive branches, and children’s advocates. The initial goal of the commission has been to study the appropriate steps to insure that the court system is as responsive as possible for children who interact with, or are directly affected by, the courts.

(More information on the Commission and its membership:
http://www.ccfl.unl.edu/outreach/judicialcommission/judicialcommision.html)

The summit will serve as the springboard for a series of actions designed to reform the way abused and neglected children’s cases proceed through the courts. One of the summit’s goals is to reduce delays in securing safe, permanent homes for children in foster care. Each state will develop an individual action plan to improve its child protection procedures and programs. Following the summit, these action plans will be compiled into a National Call to Action for state courts and will launch a collaborative reform plan between the courts and child welfare agencies at state and local levels. More than 40 justices or judges from the states’ highest courts are attending the four-day event.

In May 2004, the Pew Commission on Children in Foster Care issued recommendations that call for improving court oversight of foster care cases to reduce delays in placing children safely and permanently in homes.
These recommendations, endorsed by the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA), will serve as the summit’s central themes.

The summit is made possible by a $400,000 grant from The Pew Charitable Trusts to the National Center for State Courts (NCSC), which has conducted extensive research on family courts and child protection. Additional support for this project is being provided by the Annie E. Casey Foundation, the Dave Thomas Foundation for Adoption, Fostering Results, and the State Justice Institute. The NCSC, CCJ, COSCA, and the National Council of Juvenile and Family Court Judges (NCJFCJ) are sponsoring the summit.

The Pew Charitable Trusts serves the public interest by providing information, advancing policy solutions and supporting civic life. Based in Philadelphia, with an office in Washington, D.C., the Trusts will invest
$204 million in fiscal year 2006 to provide organizations and citizens with fact-based research and practical solutions.

 

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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.

Click here for the current press release.

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JUDGMENT INTEREST RATE

Effective October 20, 2005, the judgment interest rate will be 6.002%

http://court.nol.org/community/interestrate.htm

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AMENDMENTS TO THE RULES OF THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT

1st Judicial District rule amendments for the District Court have been incorporated into the trial court rules on the Judicial Branch Web Site.

You may review the rules at: http://court.nol.org/trialcourt/index.html

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ANNUAL MEETING PREVIEW-NOVEMBER 9-11 AT THE CORNHUSKER HOTEL

For more information (including: events by day, CLE program schedule, keynote speakers and more) visit the calendar/annual meeting pages. To register for meeting packages, individual NCLE programs, social events and meals go to the NSBA STORE.

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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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RECENT NCLE PROGRAMS ATTRACT GOOD ATTENDANCE

NCLE’s September Real Estate Seminar featuring the roll out of the 2005 version of the “Red Book” or Real Estate Practice Manual was a sell-out success. Over 200 people registered, with approximately 170 attending per day of the two day program in September. Copies of the Manual with CD ROM are still available for those who were not able to attend the seminar. Credit for the planning goes to John Jelkin, the ten-member Editorial Board, and the 31 contributors to the Practice Manual.

THE NCLE-NDVSAC jointly sponsored October 7th seminar on trial skills for lawyers handling domestic violence cases was a surprise hit, attracting 54 registrants. Julie Kunce Field, a litigation expert and domestic violence victim advocate, was the catalyst for discussion and questions. Credit for planning this outstanding program goes to Robert Sanford, project attorney with NDVSAC.

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RECENT NCLE PUBLICATIONS

This catalog lists our most recent seminar manuals and popular practice manuals. We have some other publications as well from earlier years, so if you want something that you do not see here, please contact
Kathryn Bellman.

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E-MAIL ETIQUETTE

I always have questions about e-mail in the business environment. The most important suggestion is teach yourself and your staff how to write a grammatically correct e-mail.

E-mail Dos:

Abbreviate the e-mail content in the subject line for quick reference
Write a salutation with the person’s name included
Be up-front with the reason for your e-mail
Use spell check
Always sign your e-mails with your first and last name
Include company name, address, phone and fax numbers under signature
Always respond to a real business message
Be careful what you forward – E-mail is not private

E-mail Don’ts:

Add lengthy attachments that destroys the reason for the e-mail
Send junk mail
Use abbreviations and acronyms (BRB – be right back)
Send unsolicited jokes
Write in the subject line at the top of the e-mail, and then nothing more in the body of the message
Type in all caps – It is like yelling your message
Apply stationery to a business e-mail
Use colorful, handwritten signatures
Use difficult to read font styles
Request a read receipt for all sent messages
Send time-wasting chain letters (It’s bad enough that you’ve wasted company time reading the one you received. Don’t send it on to others to waste their company’s time, too)
Communicate solely by e-mail to the people who are in offices next to yours
Conclude your e-mail messages with “A Thought for the Day”
Use office computers for personal e-mail

When A Letter Is Better Than An E-mail:

A condolence message for a death
A job resignation
A criticism of someone’ job performance
An enthusiastic letter of thanks or praise
A request of management for a raise or a promotion
An attempt to mend a personal or business relationship

Cheryl Samusevich
Certified Etiquette and International Protocol Consultant
Etiquette Solutions
P.O. Box 6686
Lincoln, NE 68506
cheryl@etiquettesolutions.com
(402)483-4407

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UPCOMING LEGALSPAN SEMINARS

LegalSpan is one of the best bargains around and allows you to add to your store of CLE information from the convenience of your office or home computer. Give it a try today.

NCLE seminars recently uploaded to LegalSpan with video and text on specific topics: civil practice and procedure, probate, employment law, family law, and bankruptcy. Explore topics of particular interest to your practice and view the video of what speakers have recently said and obtain the written materials. Prices range from a special low of $20 to $30 per segment. Typical segments vary from one half to one hour in length.

ALSO – to be added to the lineup soon – the NCLE 2005 Real Estate Seminar.

ALSO look at our catalog to a schedule of LIVE WEBCASTS on a variety of topics. Each webcast is live (broadcast from other states) and airs on a particular date and time. You can attend a live seminar from the comfort of your own office or home. Prices vary depending on the length of the seminars, and range from one hour to six hours in length. Upcoming programs include: Oct. 7 – Trademark Licensing, Oct. 11 – the Energy Policy Act of 2005, Oct. 26 – Taking the Executive Deposition, Nov. 9 – Sarbanes-Oxley Whistleblower Claims, Nov. 16 – Arbitration. Visit the website and click on the webcasts category to obtain detailed information and view a demo.

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RESOURCES

PRACTICE MANAGEMENT TIP: NETWORKING

Hold a social gathering. Invite friends, colleagues and business acquaintances to periodic social gatherings.

Call people in the news. When you read newspaper or magazine articles of interest to your practice, circle the names of the individuals who are quoted in the articles. Call the ones who you would like to get to know. Use their quote as an icebreaker. Then ask a follow-up question to keep the conversation moving. If things go well, add them to your contact list.

Volunteer to be the secretary or scribe. When you are newly active in an organization, it is sometimes hard to get to know other members. When you attend a function, volunteer to take notes of the meeting or write an article about the event for the organization's newsletter. You then have a good reason to call the other members and introduce yourself while preparing the minutes or article.

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PRACTICE MANAGEMENT TIP: COLOR CODING

Many lawyers use the same ivory-colored files for everthing 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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PRACTICE MANAGEMENT TIP: HAVE YOU ASSESSED YOUR INSURANCE PORTFOLIO RECENTLY?

Have you assessed your insurance portfolio recently? How confident are you that your finances would be protected from the effects of a disability, catastrophic accident, lawsuit or your passing? Perhaps it is time to make a change.

Your membership in the NSBA gives you the opportunity to do something about your financial future. Nine quality group insurance plans are available to members and their families. All you have to do is decide which plans you need to safeguard your future.

Just click on the Member Benefits section of the Bar's website or call 1-866-236-6582.

 

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