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, October 31, 2005

Articles

DON'T DO DISPOSABLE DEPOSITIONS
Taking depositions can intimidate any new lawyer. Whether the attorney just started practicing law or has finally paid enough dues to take critical depositions in high-stakes cases, preparation strategies and techniques can put the newbie in a league with the most seasoned litigator
......(more)

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THE PATH TO E-MAIL PRODUCTION

In e-discovery, e-mail production can be a thorny issue. The quick answers -- "It's on the e-mail server" or "The last 60 days are on the server and the rest has been purged" -- are often wrong. If you're only looking in one place, you could be missing out on a treasure trove of evidence........(more)

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NSBA NEWS

THE SCOPES TRIAL SYMPOSIUM FATE OR FAITH

The Lied Center for Performing Arts invites you to participate in The Scopes Trial Symposium Fate or Faith. Click here about this interesting and historically significant topic. Please contact Gail McNair or at 472-4712 for additional information.

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UPCOMING CFI EVENTS

Please mark your calendars for any or all of the upcoming CFI events in 2006.

April 22, 2006 – 3rd Annual NLAP Race Judicata at Chalco Hills Recreation Area, Omaha. Run & Fitness Walk to Benefit Nebraska Lawyers’ Assistance Program (NLAP) 10K (6.2 miles) & 2 mile fun run/walk. Men and women runners; law firm/other team competition. Registration includes event t-shirt. Medals awarded to top 10 men and women and trophies to top 3 teams.

May 20, 2006 – 2nd Annual Barristers' Ball, Doubletree Hotel, Omaha. Proceeds from the Ball will go to support the Minority and Justice Implementation Project. This event will include dinner, live and silent auctions and a dance, as well as honoring members of the NSBA who hae been deemed "Visionaries" for their efforts.

June 12, 2006 – 3rd Annual NSBA-CFI Greater Nebraska Golf Scramble, Lochland Country Club, Hastings. Registration includes, golf cart, driving range, lunch and dinner. Prizes awarded to the top two teams, along with hole prizes and raffle items. Proceeds will benefit VLP.

August 21, 2006- 10th Annual NSBA-CFI Golf Scramble, Firethorn Country Club, Lincoln. Registration includes, golf cart, driving range, lunch and dinner. Prizes awarded to top teams in two flights, along with hole prizes and raffle items. Proceeds will benefit VLP.

More detailed information to follow in the upcoming months. If you or your members are interested in further information on any of these events, please contact Sam Clinch at 800-927-0117, ext. 25.

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APPLICATION DEADLINE SET FOR DISTRICT COURT JUDGE VACANCY, 11TH JUDICIAL DISTRICT

According to Supreme Court Chief Justice John V. Hendry, the Judicial Nominating Commission for District Judge in the 11th Judicial District (consisting of Arthur, Chase, Dawson, Dundy, Frontier, Furnas, Gosper, Hayes, Hitchcock, Hooker, Keith, Lincoln, Logan, McPherson, Perkins, Red Willow, and Thomas Counties) will hold a public hearing in the District Court Courtroom at the Red Willow County Courthouse located at 502 Norris Avenue in McCook, Nebraska, beginning at 10:00 a.m. on Thursday, December 1, 2005. The principal place of office for the judicial vacancy is McCook, Red Willow County, NE. At the hearing, the Commission will receive information on the qualifications of candidates to fill the vacancy in the office of District Judge due to the retirement of Judge John J. Battershell, effective October 31, 2005.

http://court.nol.org/press/releases/battershell1.htm

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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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APPLICATION DEADLINE SET FOR DISTRICT COURT JUDGE VACANCY, 3RD JUDICIAL DISTRICT

LINCOLN -- According to Supreme Court Justice William M. Connolly, the Judicial Nominating Commission for District Judge in the 3rd Judicial District (consisting of Lancaster County) will hold a public hearing in the Supreme Court Courtroom at the State Capitol in Lincoln, Nebraska, beginning at 10:00 a.m. on Tuesday, December 13, 2005. At the hearing, the Commission will receive information on the qualifications of candidates to fill the vacancy in the office of District Judge due to the retirement of Judge Bernard J. McGinn, effective October 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., Tuesday, November 22, 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/rosterdc3.htm.

For special accommodations relating to the Americans with Disabilities Act, please call (402) 471-3730.

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HOW TO APPLY FOR A JUDGESHIP SEMINAR

Have you ever considered applying for a judgeship or serving on a judicial nominating commission? On November 11, 2005 from 9:00 a.m. to 11:00 a.m. the Nebraska Minority and Justice Implementation Committee together with the Nebraska Hispanic Bar Association and the Midlands Bar Association will be hosting a FREE seminar at the NSBA’s Annual Meeting on “How to Apply for a Judgeship.”

The session includes an expert panel including which will provide: a general overview of the application and interview process, discussion on the political realities of judicial appointments, discussion on the role of judicial nominating commissions, a discussion on how the process differs geographically, and the need for diversity on Nebraska’s bench and judicial nominating commissions. Registrants will receive a packet of materials including: the qualifications checklist, an application package, the Judicial Nominating Commissioners Manual, sample letters of recommendation, applicable sections of the Nebraska Constitution and Statutes, etc.

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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 November 1, 2005. The topic is Alternative Dispute Resolution Options for Your Clients by Arthur Pearlstein. Click here for additional information and the registration form.

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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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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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MEMORIAL SERVICE SET FOR FORMAL SUPREME COURT JUSTICE DALE E. FAHRNBRUCH

A memorial service will be held for former Supreme Court Justice Dale E.
Fahrnbruch on Tuesday, November 8, 2005, 2:00 p.m. in the Supreme Court Chambers of the State Capitol, Lincoln, Nebraska.

Justice Fahrnbruch, who served the Court from December 1987 until he retired December 31, 1996, was appointed to the Supreme Court to succeed William C. Hastings who had been appointed as Chief Justice. Justice Fahrnbruch died June 1, 2005 at age 80.

Fahrnbruch served on the Lancaster County district court bench from 1973 to
1987 and served as a private practice attorney and deputy Lancaster County attorney prior to his judicial appointments.

Among those paying tribute to the late Justice Fahrnbruch are Hon. D. Nick Caporale, former Supreme Court Justice for the 2nd District; Hon. Earl Witthoff, Lancaster County District Court Judge; and Hon. Ronald Lahners, Social Security Administration Judge, Office of Hearings & Appeals in Omaha.

Former Chief Justice C. Thomas White, Omaha, is chairman of the Memorial Service Committee for the late Justice.

Friends, family and members of the public are invited to attend.

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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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CLE AT THE ANNUAL MEETING

WEDNESDAY NOVEMBER 9

NSBA REAL ESTATE PROBATE AND TRUST LAW SECTION SEMINAR
9 AM -11 30 AM November 9 at the Cornhusker Hotel
1031 Exchanges, Undivided Interest Purchases and a Review of the 2005 Nebraska Legislation on Estate Tax and Real Estate Law,
featuring H. Thomas Dunck on 1031 Exchanges.

BEYOND E-DISCOVERY – TECHNOLOGY ISSUES FOR YOUR FIRM AND YOUR CLIENTS
9 AM -11:45 AM November 9 at the Cornhusker Hotel
NSBA WOMEN AND THE LAW SECTION SEMINAR
This program will present a survey of current technology issues ranging from electronic discovery to risk management – how what you don’t know could hurt you and your clients. Featuring David Hahn, James E. O’Connor, Jennifer Lee, and Leslie Levy.

BANKING LAW SECTION SEMINAR
9 AM -12 Noon 9 at the Cornhusker Hotel in Ballroom D
Multiple Topics Including
* Detailed Legislative And Case Law Update
* Bankruptcy Amendments Affecting Lenders
* Nebraska Department Of Banking Regulations Update
* Updates On The Bank Secrecy Act And Suspicious Activities Reports
* Government Summonses
* IRS Levies
* Transfers Of Water Rights

IT WAS NEVER ABOUT TIME MANAGEMENT ANYWAY . . .
HOW TO HAVE THE TIME OF YOUR LIFE AND GET YOUR WORK DONE TOO!

1:30 – 4:30 PM November 9 at the Cornhusker Hotel
Featuring
Pamela Vaccaro
I was so incredibly busy today, and I got nothing done!” Pam has termed this dilemma—ADD—Attention Demand Deficiency—the deficiency we feel from having so many demands our attention. Pam shows how to change your focus off of time management and move to a more effective focus on managing your attention. She presents both big picture solutions and practical applications to accomplish this new direction.

FAMILY LAW SECTION SEMINAR
SELECTED ASPECTS AND CURRENT CHANGES AFFECTING DIVORCE TAXATION

Wednesday, November 9 at the Cornhusker Hotel – 3- 5 PM
Well-known Nebraska CPA John Cederberg will outline what every lawyer who does divorce should know about taxation issues affected by the dissolution of marriage.

THURSDAY NOVEMBER 10

BECOMING A RAINMAKER
SALES AND MARKETING TO GROW YOUR PRACTICE

Thursday, November 10, 2005 9:00 AM – 12:00 Noon - Cornhusker Hotel
Featuring Stephen Fairley, president of Today’s Leadership Coaching
* Are you ready to jump-start your practice?
* Are you looking for high-impact, low cost, marketing strategies?
* Do you want real-world tactics for increasing your client base?

Elderlaw Section Seminar
UPDATING THE M’S – MEDICARE AND MEDICAID

Thrusday, November 10, 1 PM – 3 PM
As you may know, new legislation affecting Medicare and Medicaid is looming on the horizon. If these issues are features of your practice, you will want to hear the latest.

Ethics Seminar
AN OVERVIEW OF THE MODEL RULES OF PROFESSIONAL CONDUCT

Thursday, November 10, 2 PM – 3 PM
Dennis Carlson will provide a quick overview of what has changed and what has not as a result of the adoption of the Model Rules of Professional Conduct. Bring your questions!

NSBA GENERAL SESSION
LIFE LAW AND THE PURSUIT OF HAPPINESS

Featuring John V. McShane
Thursday, November 10 – 3 PM Cornhusker Hotel
Dallas divorce and criminal defense attorney with 33 years of experience, John McShane empowers people to enrich their lives, using their cases as catalysts for growth and change. A sought-after speaker at legal seminars, he inspires lawyers to reclaim their destiny as agents of change. He is also a Certified Professional Coach and coaches lawyers on finding joy, meaning, and passion in their lives and work. McShane was profiled in the June 2000 Issue of the American Bar Association Journal as “The Passionate Practitioner.”

FRIDAY NOVEMBER 11

ADVANCED RESEARCH TECHNIQUES FOR THE SPECIALIST PRACTITIONER
Sponsored by WEST

Friday November 9 – 9 AM – 11 AM
You will want to know about the tools that can help you do in-depth research in specific areas of law quickly and easily, as well as providing forms and other tools to make your practice more efficient and effective.

NSBA Government Practice Section Seminar
REPRESENTING YOUR CLIENTS BEFORE LEGISLATIVE AND ADMINISTRATIVE BODIES

Featuring
Senator Patrick - Legislative hearings and legislative process from a Senator's viewpoint
William Mueller - Legislative process from a lobbyist's viewpoint
Mitch McCartney - Legislative information available
William Morris -Expectations or what you would like to see from people before administrative hearings.

ADR AND BUSINESS LAW SEMINAR
Sponsored by the NSBA Business Law, Alternative Dispute Resolution, and Securities Law Sections.

Friday, November 9 - 9 AM – Noon
Part A: Securities Law – A panel of securities law attorneys, along with special guest representative from the NASD will discuss dispute resolution in the securities law arena.
Part B: Business Law – A panel of business attorneys, moderated by Prof. Arthur Pearlstein of the Werner Center for Dispute Resolution at Creighton, will discuss alternative dispute resolution in the context of business disputes.

Minority and Justice Implementation Committee Seminar
HOW TO APPLY FOR A JUDGESHIP

Friday November 9 – 9am – 11 AM
If you have ever considered serving the cause of justice by embarking on a judicial career, or even if you just want to learn about the possibilities, come to this program. Find out what can help or hinder you in your quest to join your brothers and sisters on the bench.

The NSBA Natural Resources and Environmental Law Section
and the NSBA Agricultural Law Section
ANNUAL UPDATE

Featuring:
* Environmental Insurance – Solution to potential problems? – AON
* Updates on Department of Environmental Quality Approach to Confinement Systems and Permitting Ethanol Plants – Annette Kovar
* Practical Applications and Answers to Frewuently Asked Questions about LB 962 – Ann Diers
* The Role of Natural Resources Districes in Integrated Management Plans and Examples from Across the State – Dean Edson
* Agricultural Law Update

To view what is going on at the annual meeting, click on http://www.nebar.com/memberinfo/calendar/annualmeeting/annualmeet.htm

To register online, click here http://www.nebar.com/store/category.asp?category=51

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RESOURCES

PRACTICE MANAGEMENT TIP: MARKETING TIPS

1. Print law firm business cards for each staff member, including their name and title. Provide some practice on how to give (and take) business cards; encourage them to give out the cards in appropriate circumstances.

2. Send thank you letters to judges, witnesses, and personnel from the court room and clerk's office.

3. every person you meet is a potential client or potential recommender of a client.

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PRACTICE MANAGEMENT TIP: TEN, NINE, EIGHT.....

With all the papers and documents that are piled up in our offices, it becomes overwhelming and often times downright discouraging to even think about dealing with them. As a result, we let things get worse and worse until we start misplacing important documents and clients wonder about our organization skills. One approach is to take it in little pieces. Several times a week set a short term goal of ten minutes to go through a growing stack of papers that need to be filed or trashed. That way, you can accomplish something without feeling you need to get everything done. When the ten minutes is over, you may feel so good that you may actually want to continue and finish much more! Also try to take advantage of the extra time when a meeting suddenly cancels; try to use the extra time to go deeper into the stacks of paper. If you cull through and throw out the junk first, then go back to read and file things, the job is easier.

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