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 --Friday, November 2, 2007

ARTICLES

NSBA NEWS

CLE UPDATES

RESOURCES
Articles

HOW TO MAKE ASSOCIATE DEVELOPMENT HAPPEN

Associates can become effective business developers and contributors to the future of the firm. Here are three steps any firm can take to make it happen.................(more)

Back to Top

FINDING TREASURES FOR CASES ON FACEBOOK

At Malbrough & Lirette in Houma, La., a secretary browses MySpace and Facebook Web sites each day. She's not checking the online social networking sites for personal reasons, but is performing one of her job duties...............(more)

Back to Top


NSBA NEWS

ALL CHILD SUPPORT GUIDELINES AND WORKSHEETS UPDATED

All Child Support Guidelines and Worksheets (forms 1-4 on the Forms page) have been successfully updated on-line.

http://www.supremecourt.ne.gov/rules/index.shtml

(rule amendments within the last 90 days)

Back to Top

NEBRASKA SUPREME COURT AMENDMENTS TO WORKSHEETS 1 THROUGH 4 OF THE NEBRASKA CHILD SUPPORT GUIDELINES

On October 24, 2007, the Nebraska Supreme Court adopted amendments to worksheets 1 through 4 of the Nebraska Child Support Guidelines. The Child Support worksheet amendments are posted at the link below. The actual worksheets will be updated early next week.

http://www.supremecourt.ne.gov/rules/amendments/childsuppwkshtamds.pdf

Back to Top

THE JUDICIAL STRUCTURE AND ADMINISTRATION TASK FORCE

The Judicial Structure and Administration Task Force was charged to examine options and opportunities for the judicial system to more efficiently utilize resources while preserving the core legal values of accountability, access, fairness and efficiency. The Task Force was divided into four subcommittees that examined: 1) the jurisdiction of the courts, 2) the boundaries of the state’s judicial districts, 3) the feasibility and utility of court consolidation, and 4) technological upgrades required pursuant to recommended court reforms. On October 18, 2007 the House of Delegates accepted the /Final Report/ of the Judicial Structure and Administration Task Force and adopted the Task Force recommendations. The report and recommendations are available via this link:

http://www.nebar.com/pdfs/mjic/JSATF_FinalReport_October2007_2.pdf

Back to Top



RULES FOR THE REDACTION OF PERSONAL INFORMATION FROM CIVIL COURT DOCUMENTS

The Nebraska Supreme Court invites interested persons to comment on the Nebraska State Bar Association’s Petition to Adopt Rules for the Redaction of Personal Information From Civil Court Documents, S-36-06002, and the proposed request for amendment of such petition filed on September 26, 2007.

Comments on the proposed rules, which include Neb. C t. R. of Dist. Cts. 21 and Appendix 3, as well as Neb. C t. R. of Cty. Cts. 64 (options 1 and 2), should be made 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 December 14, 2007. T he rules are available for review on the Nebraska Supreme Court’s Web site by clicking on the link below.

http://www.supremecourt.ne.gov/rules/amendments/scNotice26.pdf

Back to Top



BAR DIRECTORY DEADLINE

The deadline of November 1, 2007 to make address changes for the NSBA Directory is absolutely firm. If information is not in our hands by that date, it will not be included in the 2008 NSBA directory.

Printing the directory is a huge undertaking, and once it goes to press, we cannot make changes. We know that you appreciate and understand the absolute necessity of submitting your changes promptly.

Back to Top



POSITION ANNOUNCEMENT FOR ASSISTANT FEDERAL PUBLIC DEFENDER

The Federal Public Defender is accepting applications for a fellowship as an Assistant Federal Public Defender
in Omaha, Nebraska starting on or after December 3, 2007. This position is intended for attorneys with less than
three years of experience. Annual salary range is $47,000 to $57,000 depending upon experience.
The fellowship allows relatively new attorneys to become thoroughly familiar with federal criminal defense. The fellowship
attorney will attend the two week criminal defense training in Macon, Georgia as well as periodic training available to
Assistant Federal Public Defenders. Extensive training and mentoring will be provided to the fellowship attorney by
the experienced trial attorneys in the office. This is a one year position with the possibility of a one year extension. Primary
consideration will be given to individuals who have a demonstrated commitment to the representation of indigent individuals
accused of committing crimes and who express a desire to remain in Nebraska and practice federal criminal defense after
completion of the fellowship. Fluency in Spanish is helpful, but not required. The successful candidate will
be subject to a background check as a condition of employment. Interested applicants should send a resume, cover letter,
and list of three references to David R. Stickman, Federal Public Defender, 222 S. 15th Street, Suite 300N, Omaha NE
68102. Application deadline is November 16, 2007. Please, no telephone inquiries.

Equal Opportunity Employer.

Back to Top



45TH ANNUAL GREAT PLAINS FEDERAL TAX INSTITUTE

The 45th Annual Great Plains Federal Tax Institute is November 29 and 30, 2007 at the Embassy Suites Omaha – Downtown/Old Market at
555 South 10th Street in Omaha. Click here for additional information.

Back to Top



NEBRASKA LAW COLLEGE-PROJECT WISHLIST

The Student Bar Association (SBA) at the University of Nebraska College of Law, in conjunction with Heartland Big Brothers Big Sisters, organizes an annual event called "Project Wishlist" to provide needy children with holiday gifts (i.e. necessities such as shoes, winter jackets, clothing, etc.) that their families otherwise cannot provide.

The SBA is currently raising money for Project Wishlist. On November 17, 2007, volunteers from the law college will take the children "shopping" at Gordman's Department store in Lincoln. The management at Gordman's has given us a 20% discount on all items the children purchase during Project Wishlist.

In 2005, the SBA raised enough money to provide each of around 30 needy children with $100 of spending money, all of which the children spent on necessities, rather than on toys or luxury items.

Donations for this year's Project Wishlist are welcom and extremely appreciated in any amount! The SBA hopes to get information about the project to as many people as possible; please pass on this information to co-workers, family, friends and clients. Please send any donations to:

SBA
Project Wishlist
University of Nebraska College of Law
P.O. Box 830902
Lincoln, NE 68583-0902

Checks are payable to "Big Brothers Big Sisters." Thank you for you holiday spirit!"

Back to Top



SARPY COUNTY COURT JUDGE TODD HUTTON AWARDED DISTINGUISHED JUDGE FOR SERVICE TO THE COMMUNITY

County Court Judge Todd Hutton of Papillion was awarded the Distinguished Judge for Service to the Community Award on
Thursday, October 18, 2007.
The award, presented by Chief Justice Mike Heavican, is the highest honor
given by the Nebraska Supreme Court recognizing members of the judiciary for meritorious projects and exemplary
accomplishments that enhance the
vision of justice within Nebraska communities.

Judge Hutton was nominated for his determination in the establishment of the Nebraska State Bar Foundation’s
PEOPLE committee and his leadership of
its Media Subcommittee. The Public Education Outreach Promoting the Law &
Equity (PEOPLE) Committee was established to help judges and lawyers develop skills in public outreach, community collaboration,
community
leadership, and public service.

The committee is structured to include equal numbers of attorneys and judges working together to meet the educational needs
of the public
regarding the Judicial Branch. In establishing the committee, Judge Hutton formulated a plan to focus on
outreach to teachers and news reporters as the two groups who have the greatest ability to impart knowledge to a large
segment of Nebraskans.

Judge Hutton, who has less than 10 years on the bench, has volunteered many of his evenings and weekends designing
various law-related projects
including the establishment of the PEOPLE committee. In presenting the award, Chief Justice
Heavican thanked Judge Hutton for
his dedication to the legal profession and his creativity in public outreach.

Back to Top



COUNTY COURT JUDGES CURTIS MASCHMAN AND PATRICK MCDERMOTT AWARDED DISTINGUISHED JUDGE FOR THE IMPROVEMENT OF THE JUDICIAL SYSTEM.

County Court Judge Curt Maschman of the 1st Judicial District and County
Court Judge Pat McDermott of the 5th
Judicial District were jointly awarded
the Distinguished Judge for Improvement of the Judiciary Award on Thursday,
October 18, 2007. The award, presented by Chief Justice Mike Heavican, is the highest honor given by the Nebraska
Supreme Court recognizing members
of the judiciary for meritorious projects and exemplary accomplishments
that enhance the vision of justice within Nebraska communities.

Judges Maschman and McDermott were honored for their innovation and assistance in developing portions of the
computer system used in Nebraska’s
trial courts. The two judges have been diligently working together since
1999 on the Supreme Court Automation Advisory Committee. Both judges were instrumental in the development of the
DOCKET program, and recognized early
on that they could assist with improving accuracy and efficiency through
the use of computers and the standardization of proceedings. Both adapted their courtrooms to the system, taking the time
to iron out problems and
implement improvements before moving forward.

Pat McDermott has an extensive background in computer programming through his previous employment as a programmer-analyst,
writing systems for NASA
and others. Curt Maschman has proved himself to be an excellent computer user who instinctively knows
how to make programs work easily and adapt
them to the court system. Each of these judges uses their unique talents to improve
the effectiveness
and efficiency of the computer programs produced through the Supreme Court. In bestowing the awards,
Chief Justice Heavican remarked that it is the
dedication of Judges Maschman and McDermott that has inspired the JUSTICE
team to move rapidly and successfully toward their release of new computer projects.

Back to Top



RULE AMENDMENTS: UNAUTHORIZED PRACTICE OF LAW, SECOND JUDICIAL DISTRICT COURT

On October 16, the Nebraska Supreme Court approved rule changes for the District Court of the Second Judicial District, Rules 2-2 and 2-9

View on the Judicial Branch Web site:
http://www.supremecourt.ne.gov/rules/amendments/2dJudDistAmds.pdf

October 10, 2007 the Court adopted Rules Governing the Unauthorized Practice of Law

View on the Judicial Branch Web site:
http://www.supremecourt.ne.gov/rules/amendments/UPL.pdf
.

Back to Top



ABA TECHSHOW

The Nebraska State Bar Association is a program promoter for the 2008 ABA Techshow. Please use the code PP804 when registering to receive your $100 discount. For additional information go to http://www.techshow.com


Back to Top



JUDICIAL RESOURCES COMMISSION TO MEET ON NOVEMBER 14, 2007

Link to on-line press release:
http://www.supremecourt.ne.gov/press/2007-releases/jrc-111407-annual%20meeting.pdf

Link to map of county court judicial districts:

http://www.supremecourt.ne.gov/county-court/Coun-courts-map.shtml?sub4

The Judicial Resources Commission will hold its annual meeting pursuant to Neb. Rev. Stat.
§ 24-1205 to determine whether (1) a new judgeship is appropriate in any judicial district or a reduction in judgeships is appropriate in any judicial district, or (2) the judicial district boundaries or the number of judicial districts should be changed for the district or county courts. The Commission shall also examine current caseload statistics and make any appropriate recommendations for the more balanced use of existing judicial resources.

The Commission will discuss the report and recommendations of the Judicial Structure and Administration Task Force.

The Commission will also discuss the specific scenarios of moving the county court for Saunders County from the 5th Judicial District to the 2nd Judicial District and moving the county court for Colfax County from the 5th Judicial District to the 6th Judicial District as set out in the report of the Judicial Structure and Administration Task Force.

The hearing is scheduled for Wednesday, November 14, 2007, at 9:30 a.m., central time.
The hearing will be held via video conferencing from the State Capitol Building, Room 1525, Lincoln, Nebraska, and will include participation from the Panhandle Research & Extension Center, Center, 4502 Ave. I, High Plains Room, Scottsbluff, Nebraska, and from the State Office Building, Room 207, Second Floor, 1313 Farnam Street, Omaha, Nebraska.

Following the hearing, the commission will make a recommendation to the Legislature of its determination.

Commission members are:

Supreme Court Justice Michael McCormack, Chairperson Alan L. Brodbeck, O'Neill Robert P. Chaloupka, Scottsbluff Robert B. O'Neal, Papillion Riko E. Bishop, Lincoln Thomas F. Hoarty, Omaha Ronald Furse, Aurora Jolanda J. Kuzma, Lincoln Nicole R. Neesen, Omaha Jane Morgan, Gordon Mark M. Sipple, Columbus Gerald E. Moran, Omaha Robert J. Parker, Hastings Margie A. Smith, Bellevue Patricia McQuillan, Greeley Sharlon Rodgers, Omaha D. Paul Hartnett, Bellevue

Any member of the public is entitled to attend the Nebraska Judicial Resources Commission hearing in Room 1525 of the State Capitol, Lincoln, Nebraska, and present, either orally or in writing, any pertinent information concerning the existence of a judicial vacancy. If anyone wishes to present written material at the hearing, a copy of such material should be furnished to the Chairperson at least one week prior to the hearing.

Back to Top




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.

Back to Top

EDUCATIONAL OPPORTUNITIES AT NCLE

November 5 – Roman Hruska Law Center First Floor Conference Room - Lincoln

Special - Free Lunch And Learn Lecture on International Law Featuring HON. MOHAMED EL GHANNAM

United Nations Assistance Mission For Iraq (UNAMI) – Office Of Constitutional Support, Baghdad, Iraq.

Judge El Ghannam is a member of the American Bar Association, Section of International Law (ABA), Since 2005.

American Society of International Law (ASIL), since 2005.

Egyptian Judges’ Club, since 1995.

RSVP to kbellman@nebar.com

UPCOMING SEMINARS

October 26 – ICWA Update
November 2 – Divorce Trial Practice
November 9 – Workers Compensation
November 16 – Attorneys Master Class

Also, mark your calendar for these upcoming programs in 2008:

Advanced Contract Drafting, January 17 -18, 2008, Bar Center, Lincoln.

Estate Planning and Probate Institute, March 14, 2008 (form) (agenda)

Continuing Legal Education Online

CLE Online gives members access to Nebraska's, and other states' continuing legal education seminars and materials. Take CLE at YOUR office or home computer - and see how convenient it is! Visit the catalog. Over 350 video and audio programs are available, as well as a growing number of live webcasts. Click and browse – nothing could be easier.

Back to Top

 

 


RESOURCES

RISK ASSESSMENT QUESTION FROM MARSH

When an attorney joins my firm I can’t be sued for work they did at another firm. FALSE. If you, as the hiring entity, accept the prior acts coverage of an incoming attorney you are also picking up the possibility your new attorney may be sued for something they did before joining your firm. In theory, the firm they came from will also have coverage and the two insurance carriers will work together to resolve the claim. In reality, it is often held that the attorney who committed the alleged error is the primary insurance coverage. If that attorney now works for your firm, it is your policy that could answer. This is not as implausible as it sounds. One of the largest claims that, as an administrator Marsh, has encountered was this exact scenario with one of their law firms.

For more information on Lawyers' Professional Liability Insurance or other risk management questions, please contact Bryan Brown or Mary Whisenand at 1-866-236-6582 or on-line at www.nebarinsurance.com.

Back to Top