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NSBA Web Site

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

E-COUNSEL --Wednesday, April 16, 2008

ARTICLES

NSBA NEWS

 

CLE UPDATES

RESOURCES
Articles

HOW TO BACK UP YOUR PCs AND MACs: AN OBSESSIVE'S GUIDE FOR THE SMALL LAW FIRM

It should go without saying that you have to plan for backing up and restoring your data. If an ounce of prevention is worth a pound of cure, then it can translate into a fortune when you’re talking precious data in a law office. I have lost no data (knock on wood) since October 2002...........(more)

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BREYER, COURT MASTER OF THE "WHAT IF?"

The nine justices in black robes file into the Supreme Court consumed with thoughts about the great legal issues of the day. Only one of them is likely to ask questions involving raccoons, an unruly son, pet oysters or even the dreaded "tomato children.".............(more)

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NSBA NEWS

NOTICE TO JUDGMENT DEBTOR FORM, FORM CC 3:8B, AMENDED

The Notice to Judgment Debtor form, Form CC 3:8B, has been amended and is available online:

http://supremecourt.ne.gov/forms/county/CC-3-8B.pdf

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SARPY COUNTY COURT MISSING FILES

Sarpy County Court needs help finding old Probate files. Several Court files have been checked out over the years and they have not been returned. We are asking for your help locating them. Please check your offices for these old files. If you have them, please return them at your earliest convenience. These files include Guardianships, Conservatorships, and Estates. Thank you in advance for your help!

Amanda Marquart
Sarpy County Court
Probate/Adoptions Clerk
(402) 593-2181

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SUPREME COURT AUTHORIZES TELEVISION NEWS CAMERAS IN TRIAL COURTS

Judges Dan Bryan and Paul Korslund of the 1st Judicial District are establishing a pilot project to test the use of still and video news cameras in their courtrooms. The Nebraska Supreme Court has approved local court rules for the two judges to allow expanded news coverage by broadcasters for trials held in courtrooms where they preside.

“We have, of course, always welcomed the press into the trial court with their notepads and pens. In November of 2007, we asked the Supreme Court to approve rules allowing radio newscasters into the courtroom with their audio equipment. The experiment went so well we are more than willing to make room for television cameras, should the news stations want to cover cases in our area,” said Judge Dan Bryan.

News stations will have restrictions on which portions of a trial can be covered, similar to the restrictions developed by the Iowa Supreme Court.
All proceedings required by law to be private will be strictly prohibited from media coverage. In addition, expanded media coverage of cases with juveniles, child custody, police informants, undercover agents and similar witnesses are prohibited unless consent of all parties to a case is obtained.

Judge Paul Korslund remarked, “I hope this experiment will help inform the public about the workings of the judicial system and remove any mystery about what happens in a courtroom. Our intent is to provide Nebraskans with a greater understanding of their court system without putting undue pressure on litigants. Courtrooms are, after all, open to the public.”

The Nebraska Supreme Court has hosted cameras in oral argument sessions for nearly a quarter century as have most state supreme courts. At the trial court level, policy varies from state to state

Chief Justice Mike Heavican said he “couldn’t be more pleased” with the willingness of Judges Bryan and Korslund to develop a pilot project for the broadcasters. “The right of citizens to a fair trial is of utmost importance. The right of citizens to see courts at work is also an important goal. Allowing television cameras into our courtrooms provides us with a mechanism to become more visible and show Nebraskans the very important work of this branch of government.”

Link to the newly approved rule:

http://www.supremecourt.ne.gov/rules/trial-court/district-1-exp-media-coverage.pdf

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CHILD SUPPORT GUIDELINES BASIC SUBSISTENCE LIMITATION RAISED FROM $851 TO $867

Reminder: The Nebraska Supreme Court adopted an amendment on 2/27/08 raising the Child Support Guidelines Basic Subsistence Limitation ( paragraph R) from $851 to $867 net monthly for one person.

Link to Nebraska Child Support Guidelines:

http://www.supremecourt.ne.gov/rules/pdf/childsupp-06.pdf


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LSAT PREP SCHOLARSHIP PROGRAM

The Call to Action Initiative's efforts to promote diversity in the legal profession are underway! The LSAT Prep Scholarship Program assists individuals with preparing for the LSAT exam by covering the costs of a Kaplan LSAT Preparatory Course and registration for the LSAT exam. The course includes 14 sessions, 3.5 hours in length, for a total of 49 hours.

On behalf of the NSBA, thank you to the the Sponsors of the 2008 LSAT Prep Scholarship Program



EFFECTIVE APRIL 17, 2008, THE JUDGMENT INTEREST RATE WILL BE 3.532%.

http://supremecourt.ne.gov/community/judgment-interest-rate.shtml


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NSBA MEMBER BENEFIT SPOTLIGHT: GONEXT TRAVEL EXCURSION

Want to get away from it all and have an enjoyable vacation? Sign up for any NSBA-sponsored group travel excursion offered through GoNext.

You will find these trips moderately priced with excellent service. For information on upcoming NSBA travel destinations, dates and prices, call either GoNext at (800) 842-9023 or the NSBA office at (800) 927-0117.

2008 FALL PROGRAMS


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JUDICIAL NOMINATING COMMISSION FORWARDS NOMINEES TO GOV. HEINEMAN FOR THIRD JUDICIAL DISTRICT

The Judicial Nominating Commission for the District Court, Third Judicial District, has forwarded the names of three nominees to Gov.
Dave Heineman for his consideration in naming a judge to fill a vacancy created by the retirement of Judge Earl J. Witthoff.

The nominees are Andrew R. Jacobsen, Robert R. Otte and Stephanie F. Stacy.
All are from Lincoln.

Gov. Heineman will schedule interviews with nominees in the coming weeks.


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NATIONAL JURY CONSULTANT, TV COMMENTATOR TO FACILITATE STUDENT Q & A IN CELEBRATION OF LAW DAY

Dr. Paul Lisnek, a lawyer and jury consultant from Chicago, Illinois, will moderate a panel of Nebraska appellate court judges in a program originating from Nebraska Educational Telecommunications studios on Monday, May 5, from 12:30 to 1:30 p.m., Central Time. Students throughout Nebraska in grades 7 through 12 will have an opportunity to interact with Lisnek and the judges, including Chief Justice Michael G. Heavican and Justice John M.
Gerrard, Nebraska Supreme Court, and Judge Everett O. Inbody and Judge Frankie J. Moore, Nebraska Court of Appeals. Lisnek appears frequently on CNN and can be heard as a regular legal expert for radio stations around the nation. He has been featured and appeared frequently on NBC News (Today Show and Nightly News), MSNBC, MTV, WGN-TV and Court TV.

The event is in celebration of the 50th anniversary of Law Day and will be delivered live via satellite to schools and Educational Service Units throughout the state. The event also commemorates the Ninth Annual Law Day Essay Contest, sponsored by the Nebraska State Bar Foundation and the Nebraska Supreme Court. Essay contest winners will be recognized at a special luncheon prior to the program, and one student winner will receive the McGrath North Mullin & Kratz Scholarship to attend the National Student Leadership Conference on a major university campus this summer.

Student essayists were asked to address a question related to First Amendment Rights, specifically about free speech. The Question and Answer session between students and panelists will also focus on these issues. Dr. Lisnek’s appearance in Nebraska is being funded by the Flavel A. Wright Fund for the Study of Constitutional Law, a Bar Foundation Endowment. Support is also being provided by Thomson West.

If your school or Educational Service Unit would like to downlink this interactive Law Day program, please send email to cindy@nebarfnd.org no later than April 30.

The American Bar Association has set the following theme for the 50th Anniversary celebration of Law Day: “The Rule of Law: Foundation for Communities of Opportunity and Equity.” More information about Law Day may be found at www.lawday.org.

The Nebraska State Bar Foundation is a non-profit organization offering numerous Law-Related Education programs statewide. More information about the Law Day Essay Contest and other programs may be found on its website at www.nebarfnd.org/lawday.html.


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THE COMPLETE LAWYER-A NEW MEMBER BENEFIT

Welcome to The Complete Lawyer, a new electronic publication provided for you by NSBA, and published six times a year. This first issue focuses on women lawyers. Click on the link http://nebraska.thecompletelawyer.com/volume4/issue2/index.php
to read this issue and watch for upcoming issues – published every other month and featuring different themes and ideas, with articles and interviews from lawyers around the nation, including Nebraska. This month the Nebraska issue, focusing on women lawyers, features Nebraska lawyers Linda Willard and Ann O’Hara in interviews. Other Nebraska lawyers will be featured in future issues.

April – May Theme: What Do Women Lawyers Really Want?

“We’ve been talking about gender inequity for 20 years. Let’s see some progress!” These are the sentiments that Holly English, president of the National Association of Women Lawyers, says she regularly hears from women all over the country. While progress has been made on several fronts, Holly and eight other national writers in this edition of TCL demonstrate how much more needs to be done before women will even begin to be on equal footing with men.

Although 40% of law students since the 1980s have been women and roughly half of current law school graduating classes are female:

• Among the 50 firms named Best Law Firms for Women, only 16% had female managing partners and 2% had female chairpersons. (Working Mother & FlexTime Lawyers, 2007)

• In the same survey, women partners represented only 10% of the top ten percent of the most highly compensated lawyers in the firm. (Working Mother & FlexTime Lawyers, 2007)

• Only 5.4% of law firm lawyers worked reduced hours despite it being offered in 98% of the 1,500 law firms surveyed. (NALP 2007)

Other articles of note in this edition of TCL:
FIRM & PRACTICE MANAGEMENT
• The Quest To Bury The Billable Hour
• The “Family-Friendly” Workplace Is Inadequate
MARKETING & BUSINESS DEVELOPMENT
• Why I Like Listening To Lawyers
• How To End The “Lone Ranger” Syndrome
PERSONAL & PROFESSIONAL PLANNING
• 14 Financial Facts & Consequences For Women
• Boomers Are Redefining Life Expectancy & Retirement
RESEARCH, SURVEYS & RESOURCES
• Welcome To The Age Of The Smaller Firm
• Stress: The Early Warning Signs

Regards,

Jane Schoenike
Executive Director
Nebraska State Bar Association


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CLE UPDATES

EDUCATIONAL OPPORTUNITIES AT NCLE

NCLE and other Nebraska CLE providers are offering CLE programs for Nebraska lawyers. Look at the information and view the attached flyers and plan to attend!

April

18 - NCLE and CREW host the Annual Commercial Real Estate Workshop "Upside Down - Navigating Through Difficult Times

18 - NATA Deposition Workshop - Honing Your Skills

May

1-3 - UNL Space Law Conference

2 - NCLE and Security National Bank - Fiduciary duties, featuring Eugene Maloney.

6 - NCLE - Great! Adverse Depositions: Principles & Principal Techniques And Attacking “I Don’t Know”, “I Don’t Remember” & “I Do Remember” featuring Robert Musante

16 - NCLE Live Replay of Estate Planning and Probate Seminar – Ogallala

16 - Creighton U. - Complex Issues in Juvenile Court Practice - Christine Costantakos and others

15-16 - UNL Estate and Business Planning

June

6 – NCDAA DUI Defense – Mahoney State Park

20 - NCLE - MAKING YOUR CASE WITH A BETTER MEMORY! Presented by nationally known memory training consultant Paul Mellor - Creighton University School of Law, Room 124

July

11 - NCLE Nonprofit Corporations

18 - NCLE Annual Family Law Update

August

29 - NCLE Municipal Law Update

September

12- NCLE Annual Real Estate Institute

Telephone Seminars NCLE Telephone Seminars – Live Telephone Seminars or Audio CD ROMs – May Calendar

Online CLE Still cannot find what you want? Check out NCLE’s online offerings at www.nebar.com (click on the LegalSpan icon on the front page) – or go to http://www.legalspan.com/nebar/onlinecle.asp


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RESOURCES

MEMBER BENEFIT SPOTLIGHT

ABA Bookstore

Receive a 40% discount on all books ordered through the ABA Bookstore. It's easy and saves you money. Shop at the ABA Bookstore www.ababooks.org. Use the NSBA purchase promo code PAB5ENEB when making your purchase. **Discount does not apply to ABA-CLE iPod products.**

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RISK MANAGEMENT TIP FROM MARSH

Q. What are the top areas of Employment Practices Liability Insurance claims against law firms as a profession?

A. Failure To Make Partner, Breach of Contract and Discrimination (often age discrimination) are the top areas of claims against law firms. As a profession, the legal community is often placed at a disadvantage in front of a jury. Consider the following:

· Employer Defendants lose 60% of litigated cases
· The average amount paid for out of court settlement is $40,000
· Defense of the average EPLI case, through trial, costs over $45,000
· The median compensatory award in EPLI cases is $218,000

Risk avoidance is the best practice for eliminating EPLI claims. The insurance coverage offered by the NSBA endorsed program offers not only the insurance protection, it also offers training for firm members and employees, an on-going assistance hotline and samples of employment manuals for your use. To learn more about the NSBA program, please contact Bryan Brown at 1-866-236-6582, Ext. 56722.

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