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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 -- Friday, June 30, 2006

ARTICLES

NSBA NEWS

CLE UPDATES

RESOURCES

ARTICLES

WHAT SHOULD LAW SCHOOLS TEACH?

It's a common complaint by lawyers: Many law schools, with their century-old teaching methods, do not prepare graduates for the day-to-day realities of law practice
...(more)

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SOFTWARE AND UTILITIES FOR MOBILE LAWYERING

When you think about it, lawyers deal in information. Clients bring us information, which we combine with more of the same from other sources. Whether correspondence, contracts, pleadings, or trial, lawyers deliver information. With a laptop computer and the right software and utilities, mobile lawyering means you can have practically all your practice-related information at your fingertips when you’re away from your office.....(more)

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NSBA NEWS

SUPREME COURT ADOPTS THE CONCEPT OF MANDATORY CONTINUING LEGAL EDUCATION FOR ACTIVE LAWYERS IN NEBRASKA

The NSBA House of Delegates passed a resolution in 2004 that requested the Nebraska Supreme Court to adopt the concept of mandatory continuing education for lawyers. A copy of the resolution is attached. After this resolution was adopted, law schools, law-related associations, law firms, bar association sections and other legal employers were asked to indicate their support for the concept of mandatory CLE.

This information was provided to the Nebraska Supreme Court by way of a petition in March of 2006. In mid-June, the officers of the NSBA met with the Supreme Court to make a presentation on the value and importance of MCLE to the professionalism of the practicing bar, as well as the public’s trust and confidence in the legal profession.

On June 21, the Supreme Court adopted the NSBA’s petition and approved the concept of mandatory continuing legal education for active Nebraska lawyers. It also ordered the NSBA to provide it with proposed rules for the implementation of MCLE. The NSBA is in the process of forming such a committee. The committee will be as broadly based as possible to assure that the plan will take into account the need for accessibility and affordability in meeting any MCLE requirement.

The proposed rules will be sent to the NSBA House of Delegates, before submission to the Supreme Court. The House will have the opportunity to vote on the proposed rules. Those proposed rules will then be sent to the Supreme Court for further consideration.

If you would be interested in serving on a committee to draft the rules, or know of someone who would be interested, please contact NSBA President William Dittrick or Executive Director Jane Schoenike.

Resolution

Supreme Court Order

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NEBRASKA LAWYER SEARCHING FOR INFORMATION

Robert Janda, age 48, of St. Edward, Nebraska, died May 31, 2006. He is survived by his wife, Sveta Janda. Sveta Janda is searching for an attorney to whom her husband introduced her to, approximately two years ago, at a conference held at the Cornhusker Hotel in Lincoln, Nebraska. At the time Mr. Janda informed his wife that if anything were to happen to him, this attorney would be able to assist her in the legal matters. Sveta Janda does not know the name of this attorney and no attorney has contacted her.

If you are an attorney that has performed legal services for Robert Janda and has met his wife, Sveta Janda, we ask that you contact Richard T. Seckman, Attorney in Schuyler, Nebraska, at (402)352-5118, who will provide the necessary information.

Please consider this and give me your thoughts as to what we might be able to accomplish. Your cooperation and assistance is appreciated.

Very truly yours,


Richard T. Seckman
Attorney at Law

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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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REGISTER NOW FOR THE 2ND ANNUAL NEBRASKA LEGAL DIVERSITY SUMMIT

Nebraska’s 2nd Annual Legal Diversity Summit has been scheduled for October 6, 2006 from 1:00 to 7:00 p.m. at the Doubletree Hotel (1616 Dodge Street) in Omaha. This important event will include:

A book signing event by Charles Ogletree, author of All Deliberate Speed: Reflections on the First Half Century of Brown v. Board of Education and From Lynch Mobs to the Killing State: Race and the Death Penalty in America.

A keynote address by Professor Charles Ogletree, Harvard Law School, Founding and Executive Director of the Charles Hamilton Houston Institute for Race and Justice, and named one of the 100+ Most Influential Black Americans by Ebony Magazine.

A panel discussion on the Hiring and Retention of Attorneys of Color.

Interviews between Nebraska legal employers and law students of color from Nebraska, Colorado, Iowa, Kansas, Missouri, South Dakota and beyond.

Legal Networking Reception for legal employers and law students (hour devours and drinks provided).

We hope that you will come away from this conference with some new ways of understanding the value of a diverse workforce, strategies for recruiting and retaining attorneys of color, contacts with law students of color from the region, and a renewed commitment to work together toward a more diverse legal community in Nebraska. Register on-line at www.nelegaldiversity.org or send in this registration form.

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NEW PARALEGAL COMPENSATION SURVEY RELEASED

(Newtown Square, PA, June 29, 2006) The 2006 Annual Compensation Survey for Paralegals / Legal Assistants and Managers has just been released. The survey, which reports on ten levels of paralegal positions in law firms and corporate law departments, was conducted by Altman Weil Publications, Inc. in partnership with the International Paralegal Management Association (IPMA).

The Survey shows modest increases in median total cash compensation for most paralegal positions in 2006. In law firms, median billing rates for paralegals were up significantly.

“As the paralegal profession becomes more sophisticated, paralegals continue to add value to their organizations and increase their earning power as a result,” notes Altman Weil principal James S. Wilber. “In law firms, increased billing rates create added revenue for the firm and potentially additional profits as well.”

Paralegal Compensation

Nationally, the median salary for Paralegals is $50,000 according to the survey. An annual bonus adds $2,000 to cash compensation. 69.1% of Paralegals in law firms and 62.5% of those in law departments reported receiving an annual bonus.

Median overtime compensation is reported at $3,922/year. 76.2% of eligible, non-exempt law firm Paralegals and 33% of eligible law department Paralegals receive overtime compensation. Total cash compensation nationally for the Paralegal position is $55,014, up 3.9% from 2005.

Law Firms vs. Law Departments

Nationwide, Paralegals in law firms earn 10.4% more in median total cash compensation than Paralegals in law departments. In other paralegal positions, the difference is more pronounced: Legal Assistant Managers in law firms earn 29.4% more; Senior Legal Assistants earn 25.9% more; and, Specialists take home 23.2% more in total cash compensation than their law department peers.

“There are two primary reasons for the difference,” says Wilber. “Most law department paralegals don’t earn overtime and those who do receive only a fraction of what law firm paralegals do. In addition, paralegal compensation trends with organization size, and there are a lot more large law firms.”

Practice Specialties

Paralegals working in the IP/Patent/Trademark practice earn the highest total cash compensation in both law firms ($61,918) and law departments ($58,291). The lowest-paying practice in law firms is Regulatory/Utilities at $41,513, and in law departments, Government/Legislative at $33,561.

Billing Rates

The survey found median billing rates ranging from $95/hour for Paralegal Clerks to $150/hour for Paralegals and topping out at $210/hour for Paralegal Case Managers. Billing rates were up across the board for all ten paralegal positions reporting, including a 17.6% increase for Legal Assistant Managers, a 13.5% increase for Case Managers, an 11.8% increase for Paralegal Clerks, and a 7.1% increase for Paralegals.

Billable Hours

Paralegals in law firms billed a median 1,426 hours/year in 2005, down 2.9% from the previous year. Insurance Paralegals logged the highest number of hours at 1,600/year, followed by Litigation Paralegals at 1,495/year. Paralegals with a Regulatory/Utilities specialty billed the least, at 1,024 hours/year.

Data Collection and Reporting

The 2006 Annual Compensation Survey for Paralegals / Legal Assistants and Managers is based on data collected in 2006 from 261 law firms and 80 law departments and encompasses a total of 12,381 paralegal positions.

The Survey reports on ten distinct paralegal positions. Law firm and law department data is reported cumulatively and comparatively. Data was collected on salary, overtime, bonus, total cash compensation, benefits, billable hours, and billing rates – and is reported by position, type and size of organization, location, exempt/non-exempt status, years in the profession, and practice area where applicable.

About Altman Weil

Altman Weil Publications, Inc. conducts and publishes numerous surveys on the legal profession including the Survey of Law Firm Economics and the Law Department Compensation Benchmarking Survey. For additional information or to purchase a survey, visit our website at www.altmanweil.com/ParalegalComp.

About IPMA

The International Paralegal Management Association (IPMA), formerly known as the Legal Assistant Management Association, promotes the development, professional standing and visibility of paralegal management professionals. More information on IPMA can be found at www.paralegalmanagement.org.

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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.)

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.

Please mark your calendar for September 8, 2006 for the NCLE Annual Real Estate Seminar, to be held at the Cornhusker Marriott Hotel in Lincoln, NE. More information coming soon.

June and July Telephone Seminars: See the attached descriptions for the 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: NSBA-ENDORSED DISABILITY INCOME PROTECTION

Can you afford to live on 40% of your income? If you got sick or hurt, that is what you could face. Don’t let it happen to you. Request your own disability protection now. Visit www.nebarinsurance.com to download an application for the Disability Income Program endorsed by the NSBA today! You can also obtain more information on other NSBA endorsed products such as Professional Liability, Life insurance, and many more.

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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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