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E-Counsel is available to members of the Nebraska State Bar at no additional charge.

E-COUNSEL --Thursday, May 10, 2007

ARTICLES

NSBA NEWS

CLE UPDATES

RESOURCES
Articles

NINE THINGS YOU SHOULD KNOW ABOUT SELECTING A WEB HOST

It may seem simple, yet it is often times overlooked. When it comes to choosing the right Internet hosting provider for their Web sites, most law firms know very little about making the best decisions. Here are tips to help you make good choices........
....(more)

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DISPUTE RESOLUTION WORKING TOWARD CRITICAL MASS: FEMA, ADR & DISASTERS

Alternative dispute resolution (ADR) is becoming more prevalent in the disaster context, and both the Federal Emergency Management Agency (FEMA) and local agencies are working to use ADR whenever possible in response to disasters...........(more)

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NSBA NEWS

SOLO AND SMALL FIRM CONFERENCE

You do not have to be in a smaller firm to benefit from the Solo and Small Firm Conference June 14-16. You will find a wealth of valuable practice and substantive-law information to be gained at this conference offering some 25 sessions, including general sessions and concurrent breakouts. The program planners brought in well-known speakers from outside Nebraska as well as Nebraska experts to talk about issues ranging from collecting fees to ethical marketing, staying on top of tech and law practice management trends, and more – family law, estate and probate, DUI, and real estate issues. If you are a solo or in a smaller law firm, you should make it a point to go to this event, even if it is the only program you attend this year.
Click here to view the brochure or here to register online.

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COURT CASE ONE TIME SEARCH NOW AVAILABLE ONLINE

Are you worried about the backgrounds of the people working at your child’s daycare center, the people you hire, the

people living in your neighborhood or who your son or daughter is dating? Need answers? Investigate using a new online service,

Court Case One Time Search, available at www.Nebraska.gov

Nebraska’s Office of the State Court Administrator launched this new service in collaboration with Nebraska.gov, the state’s official website.

The Court Case One Time Search provides access to more than 7.1 million court cases in all 93 county courts and 92 of the state’s 93 district

courts (excluding the district court in Douglas County). “One time court searches make accessing state court records more available

for the general population. We are very pleased to add this online service for Nebraska citizens,” said State Court Administrator Janice K. Walker.

Also known as the JUSTICE system, the search can provide all of the public information about a case, as it has been entered through the court

system.
This information includes, but is not limited to:

Case Detail, such as the date and outcome of the trial, what the case
was about and who the judge was.

Party Listing, including the plaintiff and defendant, and often times
their associated attorneys.

Court cost information, including all fees associated with the case.

Payments by and to the court.

Register of actions, so you can follow everything that's been done with
the case up to, during, and after the case, should it have been
recorded.

State Court Administrator Walker says, “This service will increase the availability of court records and benefit the public.”

About Nebraska.gov

Nebraska.gov (www.Nebraska.gov) is managed and operated without tax funds through a public-private partnership between the state and Nebraska

Interactive, the Lincoln-based official eGovernment partner for the state of Nebraska. Nebraska Interactive is a subsidiary of eGovernment firm NIC.

About NIC

NIC manages more eGovernment services than any provider in the world. The company helps government communicate more effectively with citizens

and
businesses by putting essential services online. NIC provides eGovernment solutions for 2,200 state and local agencies that serve more than 60

million people in the United States. Additional information is available at www.nicusa.com.

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CHARITABLE FUNDS INC. UPCOMING EVENTS

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


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.

THANK YOU TO OUR 2007 SPONSORS FOR THE GREATER NEBRASKA GOLF SCRAMBLE!!

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.

THANK YOU TO OUR 2007 SPONSORS FOR THE ELEVENTH ANNUAL VLP GOLF SCRAMBLE!!

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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THE 2008 EIGHTH CIRCUIT JUDICIAL CONFERENCE

The 2008 Eighth Circuit Judicial Conference will be held August 11 - 15, 2008 at the Chicago Marriott Downtown Magnificnet Mile. The conference is
open to all attorneys who practice in the seven states of the Eighth Circuit and all attorneys are invited and encouraged to attend.

Click here for additional information....

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NEW LEGAL RESOURCE CENTER FOR CHILD WELFARE LAWYERS

The Nebraska Appleseed Center for Law in the Public Interest (Nebraska Appleseed) announces the recent launch of the Foster Care Reform Legal Resource Center for child welfare lawyers.

The Legal Resource Center features a Nebraska child welfare listserv. Through the listserv, Appleseed sends regular updates highlighting child welfare case law, policy and legislative developments, and foster care reform issues. The listserv also provides a forum for list members to communicate with one another about issues and challenges that arise in their juvenile court practices.

To sign up for the Nebraska child welfare listserv, go to http://www.neappleseed.org/lrc.

The overall goal of the Legal Resource Center is to support child welfare lawyers - guardians ad litem and attorneys for biological and foster parents – in enforcing the legal rights of children and families, developing positive precedents in juvenile cases, and advocating for policies and practices that will create systemic change.

The Foster Care Reform Legal Resource Center can provide child welfare lawyers with:

• Legal research on constitutional or statutory issues implicating targeted systemic issues in the system
• Information on child welfare reform that is occurring across the state and nationally, including case law and legislative developments
• Co-counseling, intervention, and development of amicus briefs in selected cases involving systemic policy issues

In the future, the Legal Resource Center will also provide:

• Resources including sample pleadings and briefs on systemic issues in juvenile law practice
• Collaborative trainings

For more information, please visit http://www.neappleseed.org/lrc or contact Sarah Helvey at shelvey@neappleseed.org or 402-438-8853, ext. 106.

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PROPOSED AMENDMENTS TO SUPREME COURT UNIFORM GARNISHMENT FORMS

The Supreme Court is seeking comment on proposed amendments to the following Supreme Court uniform garnishment forms: The Summons and Order of Garnishment, the garnishment interrogatories and the Notice to Judgment Debtor.

Anyone desiring to comment on these proposed amendments should do so in writing to the office of the Clerk of the Supreme Court and Court of Appeals, P.O. Box 98910, Lincoln, Nebraska 68509-8910, or via e-mail to lasmussen@nsc.state.ne.us, no later than June 15, 2007.

Notice of Comment Period for Proposed Amendments to Supreme Court Uniform Garnishment Forms
http://court.nol.org/rules/amendments/NoticeGarnishmentForms.pdf

Summons and Order of Garnishment with Interrogatories
http://court.nol.org/rules/amendments/Summons&OrderofGarnishment.pdf

Notice to Judgment Debtor
http://court.nol.org/rules/amendments/NoticetoJudgmentDebtor.pdf

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NSBA 2007 PUBLIC SERVICE AWARD NOMINATIONS

The NSBA is accepting nominations for the 2007 Public Service Awards. The deadline for the nominations is June 1, 2007. Go to www.nebar.com for the award criteria, nomination form and list of past recipients.

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AUDIO FILE OF PUBLIC HEARING ON VOLUNTARY SENTENCING GUIDELINES ON WEB SITE

An audio recording of the Supreme Court's Public Hearing on Voluntary Sentencing Guidelines, April 25, 2007 has been added to the Judicial Branch Web site:

Supreme Court page -- Quick Links, last item: Audio file of Public Hearing on Voluntary Sentencing Guidelines 4/25/07
http://www.supremecourt.ne.gov/supreme-court/index.shtml?sub1


www.supremecourt.ne.gov, click on Supreme Court page in left hand menu, click on last item in Quick Links on right hand side.

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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 for NCLE’s Landlord-Tenant Law Update May 18, 2007. This information-packed half day seminar will cover the essentials of landlord and tenant relations from the landlord’s and tenants perspectives, and includes presentations on public housing, fair housing issues, and disposition of personal property. Click here to view or print the brochure or here to register online.

You do not have to be in a smaller firm to benefit from the Solo and Small Firm Conference June 14-16. You will find a wealth of valuable practice and substantive-law information to be gained at this conference offering some 25 sessions, including general sessions and concurrent breakouts. The program planners brought in well-known speakers from outside Nebraska as well as Nebraska experts to talk about issues ranging from collecting fees to ethical marketing, staying on top of tech and law practice management trends, and more – family law, estate and probate, DUI, and real estate issues. If you are a solo or in a smaller law firm, you should make it a point to go to this event, even if it is the only program you attend this year.
Click here to view the brochure or here to register online.

Mark your Calendar for the NSBA Labor and Employment Law Section’s Employment Law Update June 28. Click here to view an agenda.

Too busy to leave your office? Say it isn’t so! But if it is, you can still obtain education and information via NCLE Telephone seminars. Click here to see the five seminars coming up in later May and June. Topics include Employment law, Corporate Law (LLCs), Like-kind Exchanges, and Business Reorganizations (Ch 11).

Last but not least. Don’t forget NSBA’s Affiliate LegalSpan. New Online Seminars are being added all the time – many from Nebraska but also many from other jurisdictions. You can browse by subject area and obtain information when you want it, where you want it. Click here to view the catalog.

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INHERITANCE TAX RATES AND EXEMPTION CHANGES

Click here to see slip law changing inheritance tax rates and exemptions.

2007 Inheritance Tax Class 2 Changes

2007 LB502 Class 3 Analysis

This will be effective January 1, 2008.

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RESOURCES

LEGAL PRACTICE STRESS INVENTORY FROM MARSH AFFINITY GROUP SERVICES

Here are come common sources of job stress reported by lawyers. Stress, substance abuse and depression directly affect your practice and pose a significant statistical factor in creating malpractice claims. Knowing your level of stress can provide an indication of what action you may need to take to avoid making errors in your representation of clients.

Assign each a number according to how often you feel that way or have that sense or experience:

0= rarely / 1= sometimes / 2= frequently / 3= usually


____ Inadequate time to complete jobs satisfactorily

____ Competition – turning every encounter into a win-lose situation

____ Self-Criticism – focusing on weaknesses rather than strengths

____ Absence of recognition for a good job performance

____ Powerlessness – the failure to see available choices

____ Hurrying – constant pressure to perform better and faster

____ Comparison of achievements, or lack of them, to those of peers

____ Pessimism

____ Unrealistic expectation that life should be problem free

____ Inability to work with others because of the basic differences in goals and values

____ Lack of control over or pride in the finished product

____ Prejudice and bigotry expressed by colleagues of a different age, sex, race or religion

____ Concerns related to being responsible for employees

____ Not being able to use personal talents or abilities effectively or to full potential

____ Fear, uncertainty or doubt

TOTAL: A score of more than 10 suggests that you are under considerable stress. You may need to change your response to your work. Contact your Lawyers’ Assistance Plan for suggestions on how to reduce some of these symptoms.

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: LETTER-WRITING STRATEGY

Letters and pleadings give structure and flow to a litigator’s practice. Just as we pursue our clients’ goals through the effective and judicious use of pleadings and motions, so too can we use letters to define and pursue our goals; to communicate those goals to our opposing counsel, clients, and staff; and to measure whether we are attaining them in a timely fashion.

The volume of communications taking place over the phone and via e-mail leaves little time to draft succinctly worded letters. Often we regard them as an impossible luxury. As nice as it would be to document the file, confirm with opposing counsel, and apprise the client of your two phone conversations and four e-mails this morning, there isn’t time to put it down on paper before you leave for court this afternoon. Do you keep the information in your head and try to remember to do a letter later? Do you reluctantly forward the e-mails to the client but wonder whether the casual tone and the pleasantries you are sharing with adverse counsel might seem a tad glib to the client?

In litigation, there is no such thing as a “casual letter.” Every letter that goes out becomes part of the litigation and should be done with care and with strategic considerations in mind. These may include the following:

* When in doubt, write it out.
* Be clear.
* Be relentlessly polite.
* Leave the ball in their court.
* Don’t overstate.

By Daniel I. Small and Robin Page West
ABA General Practice, Solo and Small Firm Division

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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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