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 --Tuesday, August 22, 2006

ARTICLES

NSBA NEWS

CLE UPDATES

RESOURCES

Articles

TOO POOR TO FILE BANKRUPTCY: THE (UN)INTENDED CONSEQUENCES OF THE BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2005

Many of my clients are now too poor to file bankruptcy.

How did this come about? Wasn’t the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the Act) signed into law by President George W. Bush supposed to help the consumer and prevent abuse? The law went into full effect on October 17, 2005, and immediately had a chilling effect on bankruptcy that has only recently begun to ease......(more)

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BUSINESS CARDS - FAST AND EASY

When an attorney is meeting new clients, or is interacting with peers at a meeting or tradeshow, there is a need to have one of the tried and true business tools - a professional business card.......(more)

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NSBA NEWS

BEST PRACTICES SEMINAR IN COLUMBUS

The Best Practices Seminar is scheduled for Friday, September 15th at the Holiday Inn Express in Columbus. The Platte County Bar Association is planning a golf outing at Quail Run and a reception at Duster's Restaurant for Thursday, September 14th. Click here for additional information and the registration form.

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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 LEGAL DIVERSITY SUMMIT

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 (appetizers 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 DIGITAL SIGNATURE RULE

A new "Digital" signature rule, adopted by the Supreme Court on July 19 is now on-line. The purpose is to establish standards for use of digital signatures by authorized personnel and applies to all Nebraska judges and court personnel authorized to use digital signatures. The use of digital signatures is not mandated, but is available to authorized court personnel who wish to utilize the technology.

http://court.nol.org/rules/DigitalSignatures38.htm


Janet Bancroft
jbancroft@nsc.state.ne.us
Nebraska Supreme Court Public Information Officer Nebraska State Capitol, Rm1220 P.O. Box 98910, Lincoln, NE 68509
P: 402-471-3205 F:402-471-2197
web: www.nebraskacourt.com

 

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NEBRASKA ETHICS ADVISORY OPINION FOR LAWYERS UPLOADED TO JUDICIAL BRANCH WEB SITE

The following Nebraska Ethics Advisory Opinion for Lawyers were uploaded to the Judicial Branch Web Site under:
http://court.nol.org/ethics/lawyers/opinions/2000s/

06-3. Whether it would be unethical for an attorney to assert a lien on a former client’s child support judgment as a means of collecting outstanding legal fees.

06-4. I. Whether an inactive attorney’s notice to real estate clients which informs them that the attorney is inactive and will not provide legal services in the context of real estate transactions is sufficient so as to not create an attorney-client relationship. II. Whether such notice to real estate clients is sufficient so as to exempt the application of ethical rules to the law-related services provided to real estate clients.

06-5. I. Whether there are any ethical issues involved in sharing a computer server with various county offices. II. Whether a public defender is required to use its own computer server.

06-6. 1. Can a suspended attorney do research, writing, and other projects for the firm where the suspended attorney previously practiced law if the suspended attorney works from a location away from the firm’s office and has no contact with clients of the firm? 2. Can a suspended attorney do investigative work for the firm where the suspended attorney previously practiced law if the suspended attorney does not represent that they are acting as an attorney? 3. Can a suspended attorney perform either of the functions listed above at the firm where the suspended attorney previously practiced law if the suspended lawyer has no contact with clients of the firm?

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FAMILY MEDIATION TRAINING

30-HOUR FAMILY MEDIATION TRAINING

When:* Sept. 26 - 29, 2006

*Where:* Archdiocese Conference Center; 3330 N. 60th, Omaha NE

This training satisfies the training requirements established by the NE Parenting Act.

To register, visit www.nemediation.org/TrainingInstitute.htm or call 877-342-2004.

Kelly Riley, Manager
Training Institute
Nebraska Mediation Center Association (NMCA)
1338 South 202nd Street
Eagle, NE 68347-2012
402/781-2011 or 877.342.2004
www.nemediation.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 CLE SEMINARS

U
pcoming live seminars include:

August 25: Elderlaw Section’s Program on important issues affecting older clients and their families. Much has changed in the landscape of Elderlaw, and all of the changes to Medicare and Medicaid are only a part of the large and complex picture.

September 8: Annual Real Estate Probate and Trust Section’s Real Estate Update – New issues, new topics. Land and land use never cease to be important.

September 29: Workers Compensation Section’s Update – Experienced practitioners will get important update information from well-respected lawyers and judges. Those new to the field should plan to come early and attend the special one hour “Workers Comp 101” Overview.

March 9, 2007: Mark Your Calendar for Estate Planning and Probate in Lincoln. [Advance Notice] - New topics as well as updates on well-known areas. Excellent information for the estate practitioner.

ONLINE EDUCATION

ONLINE CLE - WITH ONLINE CLE YOU GET MORE THAN JUST THE MATERIALS

NCLE and LegalSpan enable you to view seminars you may have missed. Get the
information you want when you want it. View only the specific presentations that interest
you from the comfort of your office or home.

Click on the LegalSpan link at http://www.legalspan.com/nebar/onlinecle.asp and browse the catalog today.

• Free demos are available on the website, so pay a visit and see how easy getting
the information you want is.

• View Video, Hear Audio, or download audio files to your iPod or mp3 playerwith CLE TO GO.

• Seminars available from NCLE Estate Planning, NCLE Family Law, and NCLE Bankruptcy.

• Coming Soon: Social Security, Franchising, Elderlaw, Real Estate and Workers Compensation.

• Also – you can view CLE from other states on a host of topics of relevance to Nebraska lawyers.

TELEPHONE SEMINARS

Telephone Seminars – Live or buy the CD

Putting the Deal Together: The Art and Practice of Commercial Real Estate Transactions
Telephone Seminar Series - Available as one hour live telephone seminars or audio CD ROMs

Eight Segments: August 10 – October 4, 2006

Calendar:

Segment 1: August 10: Law and Economics: Understanding How the Deal Comes Together

Segment 2: August 16 : Preparing the Deal, Part 1: Due Diligence

Segment 3: August 23: Preparing the Deal, Part 2: Title, Survey, and Environmental Issues

Segment 4: August 30: Getting the Property in the Right Way: Acquisition Agreements

Segment 5: September 13: Financing the Deal

Segment 6: September 20: Common Ownership: Condominiums and More

Segment 7: September 27: When the Deal Goes Bad: Bankruptcy Issues in Real Estate Deals

Segment 8: October 4: End Game: The Essentials of Tax Planning for Commercial Real Estate Deals

About the Series – “Putting the Deal Together: The Art and Practice of Commercial Real Estate
Transactions” Series is an 8-part series on the multifaceted practice of putting together
commercial real estate deals. The series will build week-to-week from understanding the basics
economics of different types of real estate deals to due diligence and documenting the acquisition
and finance agreements. Many other issues will be covered, too.

About the Speakers – The national-known faculty is comprised of practice leaders from across
the nation. They have cumulatively hundreds of years of experience putting together commercial
real estate transactions of every time – and in eight weeks they will guide you through the
intermediate practice of structuring, negotiating and documenting real estate deals.

If you can’t attend a segment – All segments of the program are available on audio CD for $79
per segment. Also, all programs are uploaded to WebCredenza’s On Demand Audio Network,
which lets you listen to any segment you want over the telephone – whenever you want, 24 hours
a day / 7 days a week.

To register: Contact Kathryn Bellman 402-742-8131 or 1-800-927-0117 or email
kbellman@nebar.com or Click Here for more information and for a fax-back registration form.

Cost: $89 per segment, which includes live telephone access and written materials or $79
per CD ROM, which includes audio CD ROM and written materials. Register for the
entire series at a discount: Live $650; CD ROMs $600.

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FORENSICS IN HEALTHCARE SEMINAR

“Forensics in Healthcare: Suspicious Injury and Death Investigation and Managing Evidence in Healthcare and other Settings” is the title of a 2-day workshop sponsored by Creighton University. The conference will be held on November 2 and 3 at the Forte Conference Center in Downtown Omaha.

Keynote speaker will be Robert K. Ressler, founder and former director of the FBI's Violent Criminal Apprehension Program. Ressler, considered the world's leading authority on violence in contemporary society, will help us understand violent and extreme criminal behavior.

Law enforcement, attorneys, emergency response personnel, physicians, nurses, pharmacists, advocates and those interested in forensics are encouraged to attend. Creighton University School of Law is a sponsor of the event.

A series of forensic experts will share forensic scenarios with clinical applications for assessment and specialized documentation. In addition, specific skills sets will be addressed such as forensic photography as well as the many facets of a criminal investigation that occurs in a healthcare setting highlighting the responsibilities of all healthcare professionals.

Registrations can be made on line at http://cme/creighton.edu. For more information, contact Joyce Bunger, Creighton University School of Nursing, 402-280-2029, or email jbunger@creighton.edu.

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RESOURCES

RISK ASSESSMENT TIP FROM MARSH AFFINITY GROUP SERVICES

Are you involved in an office sharing arrangement with other attorneys? If yes...

You should always confirm that your office sharing partners carry their own Lawyers’ Professional Liability insurance. While it is a remote possibility that your firm would be named in a suit involving one of your office sharing partners, it has happened because the public does not always recognize the distinction between separate firms when you are housed together. Ask the question and don’t put your own practice at risk.

For more information on the Nebraska State Bar Association-endorsed Professional Liability Insurance.

Please visit http://www.nebarinsurance.com/

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MARSH AFFINITY SERVICES INTRODUCES NEW COMPRHENSIVE WEBSITE

Marsh Affinity Group Services is pleased to introduce a new, comprehensive website dedicated to the needs of Nebraska State Bar members. You can access information on all of the Bar endorsed insurance products through this site at www.personal-plans.com/nebar.

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