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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 -- Wednesday, June 14, 2006

ARTICLES

NSBA NEWS

CLE UPDATES

RESOURCES

ARTICLES

DELETING MAY BE EASY, BUT YOUR HARD DRIVE STILL TELLS ALL

It was only a single digit in a 20-page Microsoft Word contract between two partners, but Scott Cooper earned his fee several years ago when he found it.
...(more)

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THE NEW FEDERAL PROCEDURAL RULES ON ELECTRONIC DISCOVERY. WRITING TECHNOLOGY INTO THE LITIGATION PROCESS

The new millennium has witnessed a plethora of judicial opinions and regulatory actions severely sanctioning sophisticated corporations and their prestigious law firms for botching electronic discovery, and the carnage does not appear to be on the decline. Moreover, as the proverbial “tip of the iceberg,” these high-profile punishments do not reveal the cases where the handling of e-discovery helped determine the outcome in other ways.....(more)

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NSBA NEWS

NEW LAWYER'S ETHICS ADVISORY OPINION

A new Ethics Advisory Opinion for Lawyers has been uploaded to the Web site.

Question:
May an attorney who accepts appointments as guardian ad litem in one county also act at the same time as part time deputy county attorney in another county in Nebraska?

http://court.nol.org/ethics/lawyers/opinions/2000s/06-1.htm

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GOVERNOR HEINEMAN APPOINTS KARIN NOAKES OF GRAND ISLAND TO EIGHTH DISTRICT BENCH

Gov. Dave Heineman today announced his appointment of Karin Noakes of Grand Island as a district court judge for the Eighth Judicial District.

The Eighth District includes the counties of Blaine, Boyd, Brown, Cherry, Custer, Garfield, Greeley, Holt, Howard, Keya Paha, Loup, Rock, Sherman, Valley, and Wheeler.

"Karin Noakes has a distinguished record as a prosecutor and private practitioner, and I am confident she will make a fine judge," Gov. Heineman said. "Her service to central and north-central Nebraska has prepared her well for this next challenge of her legal career."

Noakes, 38, has been serving as Howard County Attorney since 1999, as City Prosecutor in St. Paul since 2002, as Greeley County Attorney since 2003 and as Village Attorney for Greeley since 2004. She has also practiced law privately, served as a deputy county attorney in Hall and Platte counties and as a deputy public defender in Madison County.

Her duties have included advising elected officials on legal matters, advising planning and zoning administrators, establishing and enforcing child support obligations and filing actions to protect abused and neglected children. She also serves as chairwoman of the Howard and Greeley County Child Abuse and Treatment teams.

Noakes' volunteerism includes providing free legal services to victims of domestic violence without the financial means to afford a lawyer and serving as a former board member on the Central Nebraska Council on Alcoholism, as well as Junior Achievement.

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UPCOMING CFI EVENTS

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

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.

THANK YOU TO OUR SPONSORS!!

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LEGAL SOFTWARE SPECIAL: TABS3 AND PRACTICEMASTER

Tabs3 and PracticeMaster make up a reliable, seamlessly integrated suite of software products ranging from billing to practice management and check writing to trust accounting. Ask about Version 14, now available. Members of the Nebraska State Bar save up to 10% off the purchase of Tabs3 and PracticeMaster. There's an additional 20% discount off Tabs3 Billing Software for firms that convert from Timeslips to Tabs3.

Visit our website for more information or a free trial of our software.

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SEVEN SUBMIT THEIR NAMES FOR COUNTY COURT JUDGE IN THE SEVENTH JUDICIAL DISTRICT

Ronald J. Albin, Charles W. Balsiger, Patrick P. Carney, Dennis W. Morland, Ross A. Stoffer, all of Norfolk; Christopher J. Connolly, Wayne; and Kent L. Frobish, Lincoln, have submitted applications for appointment as County Judge in the 7th Judicial District consisting of Antelope, Cuming, Knox, Madison, Pierce, Stanton, and Wayne counties. The principal place of office for this vacancy should be in Pierce County or Madison County, Nebraska, the site to be selected by the county judges of the 7th judicial district. The vacancy is due to the retirement of Judge Philip R. Riley, effective July 1, 2006.

The public hearing of the Judicial Nominating Commission will be held in Norfolk at the City Council Chambers, 309 Madison Avenue, beginning at 9:30 a.m. on Friday, June 30, 2006. 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&dc7.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.

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BUSINESS RETIREMENT PLANS FROM FIRST NATIONAL BANK

Implementing an employer-sponsored retirement plan makes good sense for your business to attract and help keep good workers. Depending on the type of business you have, individual retirement accounts (IRAs), defined benefit plans and defined contribution plans may be available. Learn the basics before you choose a retirement plan....(more)

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PROBATE SYSTEM V RELEASED

Manage your problems with this combined electronic manual, automated forms systems and probate information manager, co-developed by the Nebraska State Bar Association and Basha Systems LLC. Probate System V was designed expressly to meet the requirements of Nebraska attorneys.

* The software is free.
* The installation is free.
* The updates are free.
* Pay only for the files you need.

Going beyond mere document assembly, Probate System V includes a wealth of practitioner tools, including document abstracter, file management system, a contact manager, and a form for modifying shipping forms and creating custom forms for your firm.

Press Release

Order Form

Basha Systems' Store

Probate System V Forum

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NSBA BAR DIRECTORY

At the end of June, you should be receiving your 2006 NSBA Directory in the mail. The 2007 edition is set to be mailed at the end of January, 2007. Why so soon after 2006? In the last two years, the NSBA has taken the Directory back "in-house" after having it outsourced for several years. In our attempt to get the Directory back on an annual schedule, we have been working our way back to releasing the Directory in January of each year, starting with the 2007 edition.

The 2007 Directory will contain the new officers plus updated information on committees, sections, judiciary and membership. The Directory is an ever-evolving book, and changes are being made to it on a regular basis. If you would like to send corrections or additions for the next edition (January 2007), please contact Anne Nau at (402) 475-7091.

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MEMBER BENEFIT: CAREER CENTER SPECIAL

Would you like to keep your yearly online recruiting budget under $500? Does your office recruit more than three legal professionals in a year? Would you like to recruit locally, statewide, and nationally through one online service within the same $500 budget?

The Nebraska State Bar Association Career Center is offering an incredible recruiting opportunity available to you and you firm through June 30. For only $495, you can sign up for a one-year unlimited job posting membership that also includes unlimited resume access. Normally priced at $3,318, you save over $2,800!

This one-year special includes:

One Year of Unlimited Online Job Postings under all legal categories

New and Lateral Attorneys

Summer Associates and Interns

Paralegals and Legal Secretaries

One Year Unlimited Online Legal Professional Resume Database Access

More than 45,000 online resumes

One Year of Career Agent Job/Candidate Matching

Your online listings will be automatically emailed to those legal professionals matching your listing criteria. (More than 50,000 legal professionals have created Career Agents with our Career Center)

Local, Regional and National Recruitment! Your jobs will be seen on more than 80 other legal associations’ online Career Centers with a combined membership of more than 500,000 legal professionals. Participants include the:

Kansas Bar Association

Illinois State Bar Association

National Federation of Paralegal Associations (70 local paralegal chapters)

NALS (200+ local legal secretary chapters)

Getting started is easy. For those who already have your company profile listed with us, simply call and I will activate your one-year special package. Otherwise, click here to go to our online Career Center. Select the Employers tab and create your company profile. Once that is completed, simply call or send me an e-mail with your request to take advantage of the special.

Questions or need assistance? Call Tom Reitmann at (800) 659-5589 and I will do my best to meet your needs.

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CLE UPDATES

NCLE SECTION CALENDAR

NCLE Calendar – Click here for a short list of upcoming NCLE programs.

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UPCOMING NCLE SEMINARS

NCLE is working hard to provide you with opportunities to obtain important information for your practice in a number of different ways: live seminars, telephone seminars, CD Roms, and archived video and audio online seminars.

Live seminars: (Please note – some program descriptions are preliminary and details are subject to change.)

June Live Seminar: There is still time to register for this Friday’s (June 16) Effective Client Relationships – Getting great clients and keeping them, featuring Roy Ginsburg. Accredited for ethics credit in Iowa. You may register for morning, afternoon, or both sessions.

July Live Seminar: Annual Family Law Update (July 21). ADR, bankruptcy, matrimonial clauses, unusual and overlooked assets, and more.

August – September Live Seminars:

Eighth Circuit Social Security Conference (August 9-11) – we have registrants from six other states in the Eighth Circuit – how about you?

Business Law (August 18) – What every lawyer needs to know about franchising – special half day program

Elder-Law (August 25) – important developments and issues in the area of elder law.

Workers Compensation (Sept 29) – An exciting update, including a special one-hour “Workers Compensation 101” program before the general program.

June and July Telephone Seminars: See the attached descriptions for the remaining June and all of July telephone seminars. You can listen to these one hour programs live on the dates of broadcast for $89, OR you can purchase the CD ROM and have it sent to your office shortly after the date of broadcast. In both cases you receive the written materials. These programs offer timely information on a number of specialized topics, including HIPAA and estate planning, ethics, UCC Article 9, UCC Article 2, Metadata, and Employment law – discharge issues. To register or purchase the CD, contact Kathryn Bellman at 1-800-927-0117 ext 131 or send an email to kbellman@nebar.com.

NCLE Videos from recent seminars – go to our LegalSpan link http://www.legalspan.com/nebar/onlinecle.asp? on the NSBA website and register for selected topics from Estate Planning and Probate and Bankruptcy seminars held earlier this year, or see other programs from NCLE and a host of partner states – right in your office. Live webcasts are also available at specific times. Consider some of the most current live webcasts, including expert advice from Marty Latz, nationally known expert on negotiation:

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RESOURCES

PRACTICE MANAGEMENT TIP: WIFI VS. CELLULAR ACCESS

There is a lot of hype about the availability of WiFi but the fact is that there is not enough coverage, free or otherwise, to count on it being there in a pinch. If you have to be mobile and you have to be connected, either spend the money for a cellular broadband card for your PC or spend the time learning how to use your cell phone as a cellular modem. Depending on the phone type and the capabilities of the PC you have, you may require a cable to connect to your PC or you may connect via Bluetooth. It will not be as fast as WiFi but you will get a signal where no WiFi is available. You can learn more by visiting http://mobileoffice.about.com/od/usingyourphone/a/cellmodem.htm.

Provided by the ABA Law Practice Management Advisors Group.

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USB FLASH DRIVES: USE WITH CARE

USB flash drives, sometimes called jump drives, have become very popular with lawyers. What lawyer wouldn't be interested in being able to carry thousands of documents in his pocket? They are very convenient for the lawyer on the go. The problem is that they are so small that they are easy to lose. Therefore you need to take care with any documents containing confidential client communications on them. You may password protect those documents, use a zipping utility to compress them while adding a password, or maybe just buy a more expensive flash drive with encryption software as a part of the package. Keeping the flash drive on your key ring makes loss less likely as well.

Provided by the ABA Law Practice Management Advisors Group.

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