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, January 23, 2007

ARTICLES

NSBA NEWS

CLE UPDATES

RESOURCES
Articles

OFFICE SUITES ONLINE: COST-SAVING PRODUCTIVITY SOLUTIONS

In smaller firms, productivity software is often one of the more costly technology expenditures. Fortunately, there are now browser-based options that enhance efficiency for a price you can justify....
.......(more)

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THE 2005 BANKRUPTCY AMENDMENTS: NEW TRAPS EMERGE FOR THE CASUAL PRACTITIONER

Bankruptcy, like neurosurgery, is not for the dilettante. That is true now more than ever. The Bankruptcy Abuse Prevention and Consumer Protection Act, most provisions of which went into effect October 17, 2005, will keep most general practitioners out of the area. Here is a list of some of the reasons you, as a general practitioner, may wish to reconsider ever filing a bankruptcy case again...........(more)

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NSBA NEWS

AMERICAN BAR ASSOCIATION BOOK DISCOUNT

That's right...it's special offer time! To show our appreciation for your participation in the American Bar Association Book Discount Program, we're offering FREE SHIPPING on all your ABA book orders now through January 31, 2007.

As you know, the ABA Discount Program is offered exclusively to state, local and specialty bars. By purchasing ABA publications at a 40% discounted rate, your bar association has the opportunity to generate additional revenue, enhance CLE programming or increase the value of association membership. For a complete list of titles, visit our website at www.ababooks.org. Otherwise, take a look at some of our latest and greatest right here.

**Please remember that in order to receive your discount and take advantage of this free shipping offer, you must email your orders directly to me at krusec@staff.abanet.org. Please do not place your orders through the ABA website at this time.**

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CHARITABLE FUNDS INC. UPCOMING EVENTS

Please mark your calendars for any or all of the upcoming CFI events in 2007.

April 28, 2007 – 3rd Annual Barristers' Ball, Omaha Hilton, Omaha. Proceeds from the Ball will go to support the Nebraska State Bar Association's Volunteer Lawyers Project, specifically, VLP's Domestic Violence 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.

May 18, 2007 – 4th Annual NSBA-CFI Greater Nebraska Golf Scramble, Bayside Golf Club, Ogallala. 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. If you wish to be a sponsor, click here.

August 20, 2007- 11th Annual NSBA-CFI Golf Scramble, Oak Hills Country Club, Omaha. 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. If you wish to be a sponsor, click here.

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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2007 ABA TECH SHOW

Join the ABA Law Practice Management Section as it presents ABA TECHSHOW® 2007 from March 22-24, 2007 at the Sheraton Chicago Hotel & Towers in the magnificent city of Chicago! Take advantage of the world's premier legal technology conference and expo at a substantial discount by registering to attend as a member of the Nebraska State Bar Association. Visit the conference website for more information.

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NSBA CAREER CENTER

Nebraska State Bar Association Career & Practice Development Conference – Spring 2007

Are any of these your New Years resolutions or personal goals in 2007?

Grow your practice?
Build your book of business?
Advance your career?
Make a lateral move?

Then you do not want to miss this event!

We have joined with over 80 other legal associations to form a single online career and practice development event that combines the best talent, content and programs from across the nation. The best part is that you can join us without ever having to leave your office or home. It is the Virtual Career & Practice Development Conference available through our online Career Center. Come and join us today!

This one week online event will be held March 5-10, 2007 and offers the most comprehensive selection of career and practice development content and speakers available online. Here is a short list of what is available:

FREE Pre-Conference Services (available now):

Articles Database
Hundreds of career and practice development articles
Career & Practice Forums
Ask and share your knowledge with peers in the legal community
Featured Employers
Find out who is hiring right now
Career & Practice Development CLE Links
A powerful resource of currently available CLE content
Conference Services (available February):

"Ask The Expert" Career and Practice Development Teleseminars
Interact with some of the nation's leading experts in their field
Keynote Speaker Presentations
Listen in on the most industry sensitive presentations from prominent leaders and professionals within the legal community

Career & Practice Development Teleseminars
Chose from a variety of programs that focus on the information and skills you need
Audio Archives
You never have to worry about missing an event! We archive all the Ask the Experts and Keynote Speaker presentations for easy access

The Early Bird Gets The Programs - Register Today!

We are limited to the number of registrants allowed to participate in each live program. We anticipate that our two most popular programs; Ask the Experts and Keynote Speakers will fill up quickly once announced, so register today to receive advance notification of when the programs become available! Select this link to Register now! We have three levels of registration available, ranging from free pre-conference access to fee-based Teleseminar access.

Looking to make a lateral move?

Take a look at the job listings available on the NEBAR Career Center.

NEBAR Career Center Services, 866-935-5902

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THE STUDENT HURRICANE NETWORK

We are writing on behalf of the Student Hurricane Network, which was organized by and made up of a nationwide network of law students dedicated to solving the legal problems created by Hurricanes Katrina and Rita. The Student Hurricane Network serves this goal by publicizing the problems created by the Hurricanes with the purpose of attracting volunteers and connecting volunteers with organizations working to solve these problems. Since December 2005, the Student Hurricane Network has sent over 1,700 law students to the Gulf Coast region. This spring, we plan on continuing the tradition and involvement. In our most recent trip, a diverse group of eight law students from UNL College of Law and UNL BLSA have donated their time and efforts during their 2006 Winter Break to travel to the Gulf Coast region to contribute their time and legal experience to help rebuild and support the legal system that remains in disarray....(more)

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ELECTRONIC FILING AND SERVICE NOW AVAILABLE IN LANCASTER COUNTY DISTRICT COURT

Effective February 12, 2007 electronic filing and service is enabled for Contract Disputes, Miscellaneous Civil, All Negligence, Dissolution of Marriage, and All Paternity Cases.

The Lancaster County District Court has undertaken a project that will allow attorneys to file documents with the court and serve documents to other parties electronically. The Court strongly encourages the use of this technology as it gives law firms, the Court, and the Clerk’s Office more control over the delivery, management, and cost of filing and service activities.

LexisNexis® File & Serve has been selected as the solutions provider of electronic filing and service for Lancaster County District Court. There is no charge for signing up to use LexisNexis File & Serve. You pay only a per-transaction fee for filing and serving documents plus applicable court fees. LexisNexis has also agreed to provide online training at no charge for attorneys and staff. Please visit www.lexisnexis.com/fileandserve to view additional information on electronic filing and to register to use LexisNexis File and Serve. After you are registered you may visit the Resource Center to register for free, online training and to obtain a copy of the local electronic filing rules.

Please contact LexisNexis File and Serve Customer Service at 1-888-529-7587 with any questions.

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FRASER STRYKER TO AWARD DIVERSITY SCHOLARSHIPS IN 2007

Fraser Stryker has announced the formation of the Fraser Stryker Diversity Scholarship Program and will begin awarding college-level scholarships in 2007. The purpose of the Program is to provide college tuition assistance and paid internships at the firm for students of African-American, Asian, Latino and Native-American origins from low-income families in the Omaha metro area. Scholarships are for students who are interested in a career in law.

“We know there are talented students of color who would make excellent lawyers but simply lack the necessary financial resources," said Fraser Stryker partner Stephen Bruckner, the Program director. “We hope to fill a void by providing tuition assistance for college-bound students and also giving our Fraser Stryker Scholars the opportunity to learn about the practice of law by working in our firm during the summer months."

The initial deadline to apply for the 2007 Fraser Stryker Diversity Scholarships is March 9, 2007. Applications are available in the counselor’s office at all Omaha metro high schools and on the firm's website, www.fraserstryker.com. The scholarships are to be used for tuition, fees, books, supplies and the equipment incurred by the Scholars to further their education. The firm plans to award two scholarships in 2007. Each scholarship will be in the amount of $2,500 per academic year.

Formed in 1898, Fraser Stryker has grown to become a nationally recognized law firm of 50 lawyers who represent local, national and multinational clients in complex business transactions and litigation matters. Fraser Stryker attorneys participate actively in a wide array of community organizations.

For more information or an application for the Fraser Stryker Diversity Scholarship Program, please visit www.fraserstryker.com.

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NEW JUDICIAL BRANCH WEB SITE

Visitors to the Judicial Branch Web site will find a completely new look beginning January 31, 2007.
The site has been revised so that it is easier to navigate with Google search capability for the entire web site.
Certain sections such as court
opinions, ethics opinions, and court rules will be able to be searched separately.

Real Simple Syndication (RSS) feeds have been added for the press release, opinions and rules pages.
One of the main reasons for the re-design is to insure that the Judicial Branch Web site remains in compliance
with accessibility guidelines from
the state and federal government. The other is to increase the
functionality of the site for the general public and legal community.

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CLE UPDATES

 

SEARCHABLE INDEX OF PAST NCLE PRESENTATIONS

Click here for a searchable index of past NCLE presentations. Seminar Manuals may be purchased at the NSBA store. Selected individual articles may also be purchased at the NSBA store. If you wish to obtain an article that is in the index but not in the NSBA store, just contact NCLE directly.

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EDUCATIONAL OPPORTUNITIES AT NCLE

There is still time to register but you need to act soon. So much information is covered in these two dynamic and interesting programs you will not want to miss them. Print out this flyer or go to www.nebar.com/store/category.asp?category=48 to register online. Robert Musante shows with demonstrations and examples how to spot, deal with, counter, consider and successfully handle a host of witness issues and how to challenge expert witness opinions. Learn critical listening skills. [Trial Skills Seminar Feb 1-2]

Federal and state caselaw updates, dealing with second homes and property in other states, common errors in drafting trusts, Nebraska tax issues, charitable gift planning, antenuptial estate planning and more! You won’t want to miss this important Estate Planning and Probate update.
Print out this flyer or go to www.nebar.com/store/category.asp?category=48 to register online.

You don’t have to be a member of a small firm to take advantage of the wealth of substantive law, law practice management, technology, and professionalism topics to be covered at the solo and small firm conference at Mahoney State Park. Wherever you are in your career, you will find valuable information here. [Solo-Small Firm]

Updated 2007 NCLE Calendar

NCLE Telephone Seminars for February and March. Listen to the live program or purchase the audio CD ROM for your office.

Don’t forget to check out LegalSpan to see what is new in Live Webcasts

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RESOURCES

FREE "RISK ASSESSMENT" FROM MARSH AFFINITY GROUP SERVICES

Sharing office space with other attorneys. Is this a good idea? From an economic standpoint cost sharing on rent, supplies and support personnel is a valid reason for sharing office space.
You should also ask if this is good for your practice. Can you maintain client confidentiality? What if you and your office sharing partner on opposite sides of the same matter? How could my Professional Liability insurance be affected?

The Counsel for Discipline of the Nebraska Supreme Court has reviewed this matter on several occasions. In a summary of Advisory Opinion 89-2, the following criteria was considered acceptable:

1. The attorney shall keep a secure file system, only accessible to the attorney and the attorney's staff.
2. The attorney shall keep a secure computer system, only accessible to the attorney and the attorney's staff.
3. No secretary be allowed to work on the same case for both parties.
4. All common parties be informed and consent from all parties is obtained.

Many of the Professional Liability policies written in Nebraska contain wording or endorsements that make it clear the insurance contract only covers the Named Insured, not their office sharing attorneys. This is an extra level of protection so you are not drawn in as a "deep pocket" in a
case your office sharing attorney created. Sharing letterhead, signage on
the building and answering the telephone can create confusion to the public. You should also make certain that the public's perception of your
office arrangement is clear.

For more information on this topic, contact Mary Whisenand or Bryan Brown of Marsh Affinity Group Services at
1-866-236-6582 or through the NSBA website at www.nebarinsurance.com.

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PRACTICE TIP

When you are preparing a witness to testify, there are certain things you can and can't encourage the witness to do. What are they?

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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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