July/August 2013 - South Dakota Trial Lawyers Association

JULY/AUGUST 2013
ISSUE NO. 269
Advanced Anatomy for Trial Lawyers
2013 SDTLA Fall Seminar
September 19-20, 2013
Lodge at Deadwood
See page 15 for details
Inside this issue….
TRIAL LAWYER OF
THE YEAR—page 6
Chief Justice Gilbertson Receives
Nichol Award—page 8
Get a Booster Shot for Your Office
Technology— see page 9
Law School Times—see page 12
2013 Annual Meeting Moments
and much much more…..
J ul y /A u g u s t 2 0 1 3
Page 2
PRESIDENT’S MESSAGE….
BY STEPHANIE E. POCHOP
Officers
President: Stephanie E. Pochop
President-Elect: G. Verne Goodsell
Secretary-Treasurer: Steven C. Beardsley
Board of Governors
Timothy Rensch, AAJ Delegate
Richard D. Casey, AAJ Delegate
Clint Sargent, AAJ Governor
Terrence R. Quinn, AAJ Governor
Aaron D. Eiesland
Casey W. Fideler
Alecia E. Fuller
Raleigh E. Hansman
Margo Tschetter Julius
Ryan Kolbeck
Brad J. Lee
Melissa B. Nicholson
Robbie J. Rohl
McLean Thompson Kerver
T.J. Von Wald
Kasey L. Wassenaar
It is truly an honor for me to the president of
the SDTLA in its 51st year. I want to sincerely
thank the members for trusting me to get the
SDTLA off to a great start for the next fifty
years.
Steve Siegel has handed the gavel to me
with the organization in great shape and deserves an extra round of applause for his efforts and accomplishments last year. With
Steve’s leadership, our membership grew; we
had a diverse Board of Governors that represented the interests of our membership; we
operated within our budget; we had a successful year in the legislature and helped craft
Past Presidents
fundamentally important changes to the crimiImmediate Past President
nal justice system; we had national quality
Steven S. Siegel
CLE’s; and we “brought sexy back” to the
William J. Holland - Stan Siegel
SDTLA with our 50 Year Gala event. We said
Joseph M. Butler - John H. Zimmer
good-bye with a flourish to valued member Stanley Whiting; we recognized the outCarleton R. Hoy - Horace R. Jackson
standing achievements of Chief Justice Gilbertson for his leadership in the reforWilliam F. Day Jr. - Vincent J. Protsch
mation of the criminal justice system; and we surprised and applauded one of our
Gale E. Fisher - A. William Spiry
Franklin J. Wallahan - Gerald L. Reade
most extraordinary members and mentors, Charlie Thompson. If I can hand the
Rick Johnson - David V. Vrooman
gavel to Verne Goodsell next year with anything close to this list of successes, the
Terence R. Quinn - Thomas R. Pardy
Charles M. Thompson - David R. Gienapp SDTLA will have had another great year in 2013-14.
Gary E. Davis - Gregory A. Eiesland
James S. Nelson - Robert J. Burns
Brent A. Wilbur - Steven M. Johnson
Glen H. Johnson - William J. Srstka Jr.
Gary D. Jensen - John P. Blackburn
Michael W. Day - Michael J. Schaffer
Bruce M. Ford - Nancy J. Turbak Berry
Scott Heidepriem – Michael D. Stevens
Robert L. Morris II - Richard D. Casey
Jon Sogn – Mark V. Meierhenry
Brad Schreiber – Jeff A. Larson
Mark Connot – Tina M. Hogue
James Roby - Wally Eklund
Michael F. Marlow - Clint Sargent
Michael A. Wilson—Roger A. Tellinghuisen
Association Office
104 W Spring Creek Dr — PO Box 1154
Pierre, SD 57501-1154
605-224-9292
The other person who deserves every member’s appreciation for a job wonderfully
done is Sara Hartford. Sara is sincerely dedicated to the SDTLA and it shows in our
business meetings, at our CLE’s and in our budget. Every member who has talked
me about contacting the SDTLA with questions or concerns reports the same experience: Sara provides timely, accurate, friendly and engaging responses. As a rural
lawyer from a small law firm, I represent an important demographic in our membership and Sara’s organizational skills, adaptability and encouragement make it possible for lawyers like me to assume leadership roles in the SDTLA. She deserves a
standing ovation for all the things, big and small, she does for us all year long.
I admit it: I am anchored to the history and traditions of the SDTLA and am at risk of
becoming an SDTLA dinosaur because I have so many great memories of SDTLA
events from “back in the day” that I don’t really much like to think of changing things.
I am the third generation of my family to hold a leadership position in the SDTLA and
I have been attending SDTLA events since I was in law school because active involvement in the organization was practically mandatory in our
Continued on page 21
The Barrister is published electronically six times a year by the South Dakota Trial Lawyers Association as a service to its membership and as part of its continuing commitment to educate and promote
professionalism among trial attorneys. Submissions are welcome. Interested authors should contact Sara Hartford, Executive Director at the above address. Articles are accepted from contributors who
share the goals of the South Dakota Trial Lawyers. All submissions must be signed by the author. The Barrister is not responsible for cite-checking or reference checking materials cited in submissions. The author must verify that any sources included, relied upon or quoted in the submission have been properly credited and cited; the author must obtain all necessary permissions for publication of
copyright protected materials. The Executive Director and Editor have the right to edit all submissions or refuse to publish articles that are not in keeping with the goals of the organization. Subscriptions of
$25 are included in the Association’s annual membership dues. Non-members subscription rate is $50 per year.
Statements and opinions in the Barrister editorials and articles are not necessarily those of SDTLA. Publication of advertising does not imply endorsement of products or services or statements made about
them. Add advertising copy is subject to approval by SDTLA. Copy deadlines are February 1, April 1, June 1, August 1 October 1 and December 1. Call for advertising rates.
J ul y /A u g u s t 2 0 1 3
Page 3
SUSTAINING MEMBERS
Scott A. Abdallah
Michael C. Abourezk
Charles Abourezk
Stephanie R. Amiotte
Kenneth E. Barker
Steven C. Beardsley
John P. Blackburn
Michael D. Bornitz
John William Burke
Michael J. Butler
Renee H. Christensen
J. Michael Dady
Patrick K. Duffy
Aaron D. Eiesland
Gregory A. Eiesland
Bruce M. Ford
Elizabeth M. Frederick
Jay R. Gellhaus
Scott N. Heidepriem
Gary D. Jensen
Steven M. Johnson
Jeff A. Larson
James D. Leach
Michael F. Marlow
Lee C. Kit McCahren
Mark V. Meierhenry
James S. Nelson
Timothy J. Rensch
James C. Roby
Susan M. Sabers
Michael K. Sabers
Clint Sargent
Steven S. Siegel
Michael J. Simpson
Michael D. Stevens
Roger A. Tellinghuisen
Thomas P. Tonner
Nancy J. Turbak Berry
TJ Von Wald
Thomas K. Wilka
Michael A. Wilson
Sustaining members pay $700 in dues each year, which entitles them to attend the Association’s annual fall seminar, the annual meeting and
luncheon and a plaque denoting their sustaining membership status. Our gratitude goes to these members so that the association can continue to
sustain funding for an on-going defense of the civil justice system!
SDTLPAC is the political action committee of the SD Trial Lawyers Association. Organized in 1987, SDTLPAC contributes to any candidate
for a state office who will support fair and equitable legislation to protect
the rights of South Dakotans through the preservation of our justice system. WE THANK THESE CONTRIBUTORS FOR THEIR SUPPORT!
$1,800 ANNUAL
Michael F. Marlow
Stephanie E. Pochop
$1,200 ANNUAL
Kenneth E. Barker
John P. Blackburn
Aaron D. Eiesland
Gregory A. Eiesland
Scott N. Heidepriem
Clint Sargent
Michael D. Stevens
Roger A. Tellinghuisen
$1000 ANNUAL
Scott Hoy
$900 ANNUAL
Gary D. Jensen
Nancy Turbak Berry
$720 ANNUAL
Michael A. Wilson
$600 ANNUAL
Terry L. Hofer
Margo T. Julius
Mark V. Meierhenry
James C. Roby
Michael J. Schaffer
Whiting Hagg & Hagg
$500 ANNUAL
John W. Burke
Courtney R. Clayborne
Terry Pechota
$480 ANNUAL
Jon C. Sogn
$300 ANNUAL
Charles Abourezk
Steven C. Beardsley
G. Verne Goodsell
Wm. Jason Groves
Thomas Johnson
Paul H. Linde
Thomas Tobin
$240 ANNUAL
Richard D. Casey
$200 ANNUAL
Stephanie R. Amiotte
Susan M. Sabers
$180 ANNUAL
Brad J. Lee
$120 ANNUAL
Kenneth D. Bertsch
Daniel F. Duffy
Richard A. Engels
Dennis W. Finch
Robert B. Frieberg
Alecia E. Fuller
George E. Grassby
Ryan Kolbeck
Michael Paulson
Catherine V. Piersol
Haven L. Stuck
T. J. Von Wald
LIFETIME ACHIEVEMENT AWARD
Carleton “Tex” Hoy
John F. Hagemann
Robert C. Ulrich
Fred J. Nichol Award for
Outstanding Jurist
Hon. Ernest W. Hertz – 2000
Hon. Andrew W. Bogue - 2001
Hon. John B. Jones – 2002
Hon. George W. Wuest - 2003
Hon. Marshall P. Young – 2004
Hon. Robert A. Amundson – 2005
Hon. Lawrence L. Piersol – 2006
Hon. Richard W. Sabers – 2007
Hon. Judith K. Meierhenry - 2008
Hon. Tim D. Tucker – 2009
Hon. David R. Gienapp - 2010
Hon. Jack Von Wald – 2011
Hon. John Bastain - 2012
Hon. David Gilbertson -2013
TRIAL LAWYER
OF THE YEAR AWARDS
87-88
88-89
89-90
90-91
91-92
92-93
93-94
94-95
95-96
96-97
97-98
98-99
99-00
00-01
01-02
02-03
03-04
04-05
05-06
06-07
07-08
08-09
09-10
10-11
11-12
12-13
Terry Quinn
Greg Eiesland
Steve Johnson
Glen Johnson
Bob Burns
Gary Jensen
Joe Butler
Mark Meierhenry
Jeff Larson
Nancy Turbak
David Gienapp
Rick Johnson
Jim McMahon
Mike Schaffer
John Blackburn
William F. Day, Jr.
Michael Abourezk
Michael W. Strain
Patrick Duffy
Thomas G. Fritz
Michael J. Butler
Wally Eklund
James D. Leach
N. Dean Nasser, Jr.
Stanley Whiting
Charles M. Thompson
J ul y /A u g u s t 2 0 1 3
TOAST OF TRIAL LAWYERS
June 2006
Nancy Turbak
T.F. Martin
Travis Jones
Michael Stevens
Page 4
42
June 2007
Roger Tellinghuisen
Mike Butler
Eric Schulte
June 2008
Sid Strange
Jerry Reade
Jim Leach
June 2009
Mike Abourezk
Alecia Garcia
Scott Heidepriem
Shiloh MacNally
Doug Cummings
June 2010
Michael DeMersseman
Hon. John Schlimgen
Joni Cutler
Margo Julius
Scott Abdallah
June 2011
Susan Sabers
TJ Von Wald
John Murphy
Steve Siegel
June 2012
John Blackburn
Linda Lea Viken
Hon. Mark Smith
Ronald Parsons
June 2013
Rep. Michael Stevens
Hon. John Hinrichs
Hon. Michelle Percy
Clint Sargent
McLean Thompson Kerver
Eric C. Schulte
Tim Rensch
Stephanie Pochop
Richard Casey
Ryan Kolbeck
If you are wondering why there is a giant 42 on the top of
this page, I am following Stephanie’s idea of recruiting 42
new members to our organization. It is also Jackie Robinson’s number which was a hit movie this year, so it should
be easy to remember. I also think the quote I’ve included
from Jackie Robinson, is particularly appropriate to each
and every one of you. You impact your clients’ lives every
day. Sara, Stephanie and I will continue to tally the new
members as we go this year and keep you posted as to
how close we are to this goal. As Stephanie suggested,
think about sponsoring a membership for a young lawyer
who may be struggling and can’t afford one on his/her own.
I hope everyone enjoyed the bar convention in Pierre this June. It was a great
turn out for the Trial Lawyer’s luncheon. I love it when we are listening to background of the Trial Lawyer of the Year and everyone is trying to figure out who it
is. I don’t think my table figured out until Dean was at least half way through!
Dean did a great job of filling in for Stan Whiting. Judge Trandahl’s dedication of
the donated Bill of Rights to hang in the courthouse in Tripp County in Stan’s
memory was a touching tribute. Don’t miss Stephanie’s first president’s page. It
is a touching tribute to our past and an energetic call out to everyone to embrace
the future of this organization.
In this issue, we have some highlights of the bar convention: presentation of the
Trial Lawyer of the year to Charlie Thompson, the Nichol Jurist Award to Chief
Justice Gilbertson, and an article on updating your office technology. We also
have our new liaison’s (Kelsey Sutton) first article. I think Kelsey is going to help
Stephanie kick off our 51st year with a bang. There is no shortage of enthusiasm
with those two. Kelsey just spent the summer interning at Stephanie’s office so I
am sure they have brain stormed some good ideas to continue the “sexy trend” of
the Trial Lawyers at the law school. Now that we brought it back, we need to keep
up the momentum.
Don’t forget to reserve your room for the Advanced Anatomy for Trial Lawyers
seminar in Deadwood. This year’s seminar will be at the Lodge at Deadwood.
The block of rooms will be released on August 20th. Last year, the weather was
beautiful and the gathering was tons of fun. I am sure Terry is putting together a
fabulous line up for us.
The bar examination will be given on July 30th and 31st. If you know a young law
school graduate, this is a good time to call and wish him/her luck. I know I would
have been astounded if a lawyer had called me and done the same. As Jackie
said, make an impact on the lives of others…this might be a good place to start.
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J ul y /A u g u s t 2 0 1 3
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The 2012-13 Trial Lawyer of the Year
Charlie Thompson
Excerpts from the Presentation by Dean Nasser:
This last year we lost, among others, one of our finest. Stan Whiting, this past years recipient of this award
should be standing before you to present the Trial Lawyer of the Year Award to this years Recipient. Stan was
an example for all of us and I am sad but honored to stand in for him this year.
I had a lot of fun preparing for this presentation and got to speak to a number of fine Trial Lawyers and Judges
who allowed me to get to know this year’s recipient better than I had before. The more conversations I engaged
in, the deeper I came to understand this individual and the more convinced I became that SDTLA had truly made
a great selection this year.
This year’s Recipient became extremely accomplished as a Trial Lawyer in the great South Dakota tradition of
doing so out of a general practice of law; a jack of many, if not all trades.
This lawyer's general practice included criminal law, DUIs, felonies, varied misdemeanors, domestic relations,
wills & estates, employment law, business law and corporate law, pro bono legal services, agricultural issues,
property disputes, farming issues, insurance work, governmental entity work, and lawsuits of all kinds in all
those areas. This lawyer both Plaintiff'ed and Defended in Personal injury cases and business and farming litigation cases. This lawyer was well known for excellent trial performance in all these areas and more.
This Lawyer has been known, tongue in cheek, to attribute much of his extensive experience and expertise in
the courtroom to the fact that the lawyers in the south central part of the state that this lawyer often goes up
against are a "damn litigious bunch".
This lawyer's colleagues have incredible respect for this lawyer and told me things like, this lawyer:
1) Always will do the right thing no matter what the cost.
2) This lawyer's word that can be taken to the bank.
Continued on page 19
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Page 7
A Note to the Trial Lawyers…..
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Page 8
CHIEF JUSTICE GILBERTSON RECEIVES NICHOL JURIST AWARD
The South Dakota Trial Lawyers Association presented the Honorable David Gilbertson with the annual Fred J. Nichol
Award for Outstanding Jurist during the Association's annual meeting in Pierre on June 20, 2013.
The award is given to an outstanding trial or appellate judge who possesses unwavering personal integrity and maintains
an exemplary standard of conduct that enhances the image of the judiciary and reinforces public confidence in the justice system. The judge receiving the award must also show respect and courtesy to the parties, witnesses, jurors, court
personnel and attorneys who appear in the Judge’s Courtroom and consistently make decisions that are well reasoned
and uphold the integrity and independence of the office. The South Dakota Trial Lawyers Association created this award
in honor of the late Judge Fred J. Nichol.
Chief Justice Gilbertson was elected to a fourth 4-year term as Chief Justice by the members of the Supreme Court. He
was appointed to the Supreme Court in April 1995 to represent the Fifth Supreme Court District and was retained by the
voters in the 1998 general election and the 2006 general election.
Chief Justice Gilbertson received his undergraduate degree from South Dakota State University in 1972 and his Juris
Doctor from the University of South Dakota, School of Law in 1975. He engaged in private practice from 1975 until his
appointment to the circuit court bench in 1986. During this time he also served as a deputy state’s attorney and as an
attorney for several municipalities and school districts.
He is past President of the South Dakota Judges Association; and is a member of the Glacial Lakes Bar Association, the
Brown County Bar Association and the South Dakota Bar Association. He is a member of the Conference of Chief Justices and chairs its Committees on Tribal/State Relations and the Task Force on Politics and Judicial Selection. He was a
member of the Board of Directors of the National Conference of Chief Justices from 2005-2007. In 2006, he was the recipient of the Distinguished Service Award from the National Center for State Courts for his defense of judicial independence. He serves on the Judicial-Bar Liaison Committee of the State Bar Association and has served as a Court Counselor at South Dakota Boys State since 1995. Born October 29, 1949, he and his wife Deborah have four children.
J ul y /A u g u s t 2 0 1 3
Page 9
Does Your Office Need a Technology Booster Shot?
By Marya Tellinghuisen
A few months ago, I took my then 15 year old son to the pediatrician for a physical. I dragged his older brother along as he
had car troubles and was without transportation. When we saw our pediatrician, he said both of the boys were overdue for
booster shots for their childhood immunizations. Over the next few months, we went back to get everyone caught up. I
had thought I was a “good” mom but because my kids have always been in the Rapid City School District, there has never
been a request to update their immunizations since they started kindergarten. What a shock it was to find out how behind
the times I really was.
Likewise, I am sure some of you have neglected to update your law office technology. Maybe not intentionally but more
because you have the notion that if it “ain’t broke why change things?” However, a technology “booster” does not have to
be expensive and difficult to implement. With a few minor changes, your office can run much more efficiently. Here are
just a few suggestions to consider:
Cell Phones, Phone Systems and Remote Access
Most attorneys have a smart phone of some sort. This allows the attorney to be connected with his/her office even when
on the road or from a remote office at home or in a hotel. Your firm should also have a network (or Cloud) which allows the
attorneys to access it from a laptop or home computer. There are also many “apps” that can be used to further increase
efficiency when the attorney is out of the office. My iPhone has a free application that allows me to record messages and
send them by email or text to another person. Dictamus is a similar application that can replace your Dictaphone. Videoconferencing saves a lot of travel time and expense. Some of the state court houses have videoconferencing abilities as
do some of the bigger law firms. Contact these firms to see if you can use their equipment for a cost. It is still cheaper than
flying across the country to take a 20 minute deposition of a witness.
One final suggestion for those of you who are in the courtroom a lot. The courthouses do not have internet access. If you
would like to be connected to your network while in trial, then you should probably invest in an internet “hot spot” which is a
device that plugs into your computer that allows an internet connection. Printing can also be a problem…check with your
court administrator to see if there is a way to print documents there.
Computer Programs
There are hundreds (maybe thousands) of computer programs that will help your office run more efficiently. Wikis are often
used by groups of attorneys in an office. Instead of getting 20 emails a day regarding a document, all recipients can access the changes through a wiki which allows everyone access to information on a secure page online.
Westlaw/Lexis/Fastcase
Every attorney has to have access to a law library. Most law firms have now eliminated libraries and instead now opt for
Westlaw and or Lexis. This is due to both expense and space. But did you know that your subscription to Dakota Disc
gives you access to the Supreme Court cases for all 50 states? You get much more than that with the additional option of
downloading Fastcase for iPhone and iPad. At $500 a year, it is truly a bargain.
If you spend any time doing trial work, then you must have Dakota Disc for the jury instructions. I see jury instructions submitted with the wrong Pattern number frequently. I have access to them on my computer but I also print them off for quick
access during trials. My Criminal set was updated by the State Bar in 1996. The Committee supplements them each year.
My Civil set was updated by the State Bar in 2013. If you are using an older set, you need to update or check to make sure
yours has the most recent numbering and patterns contained in it. In Pennington County, we have a set of both in the library for lawyers to use.
Marketing, Web Page and Blogs
Many people these days use the web to find attorneys. Your firm should have a web page. In addition to the basic web
page, some firms have “blogs” and “podcast” links to additional newsworthy information. If you don’t know what a blog is or
a pod cast then you should probably spend a little time with one of your associates, children or grandchildren. Technology
is not something you can avoid so you are better off embracing it.
Continued on page 13
J ul y /A u g u s t 2 0 1 3
Moments from 2013 Annual Meeting & Elections
Page 10
J ul y /A u g u s t 2 0 1 3
Page 11
SOUTH DAKOTA TRIAL LAWYERS ASSOCIATION
Board of Governors
Meeting Minutes
June 19, 2013
Ramkota—Pierre
In attendance: Steve Siegel, Stephanie Pochop, Verne Goodsell, Roger Tellinghuisen, Clint Sargent, Terry Quinn, John
Blackburn, Richard Casey, Aaron Eiesland, Eric Schulte, Alecia Fuller, Ryan Kolbeck, Brad Lee, Tim Rensch, Robbie
Rohl, and Sara Hartford. A quorum was present. New Law Student Liaison Kelsea Sutton, incoming SecretaryTreasurer Steve Beardsley and Barrister Editor Marya Tellinghuisen were also present.
President Siegel introduced and welcomed Ms. Sutton. Siegel asked for comments and a motion to approve the May
16, 2013 Board conference call minutes. Quinn made the motion, Kolbeck seconded, motion unanimously carried.
Goodsell and Hartford gave the Treasurer’s report and discussed the Draft 12-13 Year-End report. Account balances
are as follows: Operations - $9,939, Savings - $4,230, Reserve Fund - $25,102 and the PAC - $19,066. Hartford presented the proposed 13-14 Budget and there was discussion. Rensch made a motion to adopt the 13-14 budget as
presented, Eiesland seconded. Motion unanimously carried.
Under old business, Fuller reported an event is being planned for Thursday August 15 at the Law School during Orientation week. There was discussion on enhancing our presence at the Law School and suggestions for the Law School
Outreach committee to explore. Hartford will add the Adopt-A-Law Student program to the dues renewal invoices going
out next week.
Quinn reported the planning of the Fall seminar is underway with Tom Vesper as the evening banquet speaker. It is to
be held September 19-20 at the Lodge of Deadwood and it is entitled Advanced Anatomy for Trial Lawyers. The agenda and registration material is imminent. Kolbeck reported he is actively trying to engage Judge Bennett from Iowa to
be a speaker at the Spring Seminar, May 8-9, 2014 in Sioux Falls. Pochop suggested Judge Bill Wilson from Arkansas
also be recruited to speak as well.
Under new business, Hartford asked Rohl & Eiesland to recruit a Rapid City attorney to replace Stan Whiting on the Dakota Plains Legal Services Board.
President-Elect Pochop appointed Robbie Rohl to start a Social Media committee and establish a Facebook page for
SDTLA.
Sargent made a motion to recognize Lobbyist Tellinghuisen and Barrister Editor Tellinghuisen as official ex-officio members of the Board of Governors and extend an open invitation to attend the board meetings, Goodsell seconded. Motion
unanimously carried.
Lee asked the Board to sponsor the Seventh Circuit Charity Golf Tournament August 23 with proceeds going to the
Dave Curington Family. There was discussion. Quinn made a motion to do a one-time sponsorship of the tournament
in the amount of $500, Kolbeck seconded. Motion unanimously carried.
Kolbeck reported the AG’s Consumer Protection Task Force is seeking our support. Tellinghuisen volunteered to contact Charlie McGuigen.
Quinn reported AAJ is giving new lawyers a discounted membership rate. The contact at AAJ is Suzanne Rogers.
The next Board meeting is Thursday, July 18, 2013 at 11:00 am CENTRAL/10:00 am MT by conference call. Dialing instructions will be on the agenda.
Meeting adjourned.
J ul y /A u g u s t 2 0 1 3
Page 12
Law School Times
By
Kelsea K. Sutton
[email protected]
(605) 830-5039
SDTLA Law Student Liaison
Who wants to be a trial lawyer after law school graduation? At the beginning of our first year, the more appropriate question probably would
have been who didn’t want to be a trial lawyer after graduation? While
some students have most likely found a new path in transactional law,
non-profit organizations, or public service, the desire for a career in litigation certainly still lingers in many of them.
I am the new South Dakota Trial Lawyers Association Student Liaison
for the 2013-2014 school year, and I am here to help you connect with
those students. I will work this year to encourage student membership
in SDTLA, nurture the mentorship program for students who are interested in litigation after graduation, and expand SDTLA’s presence
amongst the entire student body.
If you are looking for ways to get involved in Vermillion, the first upcoming opportunity will be the
SDTLA Orientation event on Thursday, August 15th. The Trial Lawyers will perform mock opening
statements for both a plaintiff and a defendant and then screen the documentary “Hot Coffee,” a film
that I feel both informs students about why trial work is so important and also inspires them to get
involved in it. The screening will be followed by a social at Carey’s, which will be the perfect setting
to get to know incoming first-year students.
If you want more feedback on how to volunteer at the law school or get involved with students, feel
free to contact me anytime by phone or email. I look forward to working hard for all of you in the upcoming school year.
SDTLA CALENDAR OF EVENTS
2013
August 15
Board meeting 11 am CT and Orientation Event, 1 pm CT
USD School of Law, Vermillion
September 19
September 20
Board meeting, Lodge at Deadwood, 11 am MT
Fall Seminar & Banquet, 1pm Lodge at Deadwood
Fall seminar, 9 – noon, Lodge at Deadwood
October 17
Board Conference call, 4 pm CT
November TBA
Meeting with Chief Justice, Location TBA
December 19
Board Conference call, 4 pm CT
J ul y /A u g u s t 2 0 1 3
Page 13
Continued from page 9
Law Office Basics
Finally, it’s important that you have a copy machine that does more than just make copies. Copy machines these days
can, at a minimum, staple, scan, Bate Stamp and sort. Fax machines are a bit passé; however, they are still utilized
when scanners and internet are not available. The South Dakota court system has recently completed its conversion to
Odyssey Case Management system. While the Odyssey system is not available to you yet, it will be soon. You will be
able to file electronically and access information regarding your cases. The electronic system should be similar to the
system utilized by the Federal Courts.
Some offices scan and store their files electronically. Additionally, I have talked to attorneys who have all of their mail
scanned and sent to them so they can access it even when they are out of the office. Electronic file management saves
space and increases the ability to access old files. Billing programs have evolved with our greater mobility as well. Plus,
conflict check and tickler systems are must haves. Most of this technology can be obtained at affordable prices.
Conclusion
If you are really uncomfortable using technology, then at a minimum, you must have support staff that can help you with
some of these items. The “booster” will only hurt a little and in the long run it may increase your mobility and provide
benefits to you and your clients.
__________________________________
I
blog (a contraction of the words web log) is a discussion or informational site published on the World Wide Web and consisting of discrete entries
("posts") typically displayed in reverse chronological order (the most recent post appears first). Wikipedia.
Ii
A podcast is a type of digital media consisting of an episodic series of audio radio, video, PDF, or ePub files subscribed to and downloaded through
web syndication or streamed online to a computer or mobile device. Wikipedia.
Iii
My 82 year old mother has a laptop and wireless internet and her very own Facebook page. So don’t tell me you are too old to learn!
Iv
See http://ujs.sd.gov/Odyssey_System/ for more information.
J ul y /A u g u s t 2 0 1 3
Page 14
SOUTH DAKOTA TRIAL LAWYERS ASSOCIATION
Board of Governors
Conference Call Minutes
July 18, 2013
On the call: Stephanie Pochop, Steve Siegel, Tim Rensch, Aaron Eiesland, TJ Von Wald, Margo Julius, Alecia Fuller,
Ryan Kolbeck, Melissa Nicholson, Casey Fideler, Raleigh Hansman, Kasey Wassenaar and Sara Hartford. A quorum
was present. Law Student Liaison Kelsea Sutton was also on the call.
President Pochop welcomed newly appointed board members. Pochop asked for comments and a motion to approve
the June 19, 2013 Board meeting minutes. Rensch made the motion, Siegel seconded, motion unanimously carried.
Hartford gave the Treasurer’s report and discussed the FY 13-14 Budget. Account balances are as follows: Operations
- $47,915, Savings - $4,230, Reserve Fund - $25,103 and the PAC - $20,178. Fuller made a motion to accept the
Treasurer’s report as presented, Rensch seconded. Motion unanimously carried.
Pochop and Fuller explained the Adopt-A-Student option on the dues billing as a way to grow our membership by having
a current member host a law student’s dues for $10 and be available to discuss being a lawyer during their education.
Under old business, Fuller reported “A Welcome to the Courtroom and the Beginning of Your Career as a Trial Advocate” is being planned for Thursday August 15 at the Law School during Orientation week. The event has been revised
to enhancing our presence at the Law School. All board members are encouraged to attend and mingle with the students as there will be a board meeting prior to the afternoon event. Volunteers for the event are (but not limited to):
Hansman, Sargent, Siegel, Wassenaar, Fuller, Sutton, Pochop, Kolbeck, Fideler, Rohl, Rensch and possibly Julius.
Pochop announced James Leach has agreed to take the Board seat on the Dakota Plains Legal Services board that
was vacated by Stan Whiting.
Under new business, Hartford asked for discussion on the frequency of seminars and the new format of Thursday afternoon CLE, evening banquet and CLE being done by Friday noon. It was first attempted in Deadwood last September
2012 and was a great success. The Spring 2013 seminar was replaced by the 50 th Anniversary Gala and mini CLE so
that cannot be used as a gauge. There was discussion and consensus to host the 2014 Spring seminar in Sioux Falls,
with the new format, on the heels of the 2013 Fall seminar in Deadwood to see if both events are well-attended and successful.
Wassenaar and Hansman reported the new Social Media committee is actively putting together a FACEBOOK page for
SDTLA to attract more members and provide another form of networking among our members.
Von Wald reported the planning of the Fall seminar planning is almost complete with Tom Vesper as the evening banquet speaker. It is to be held September 19-20 at the Lodge of Deadwood and it is entitled Advanced Anatomy for Trial
Lawyers.
Pochop and Kolbeck reported the AG’s Consumer Protection Task Force has asked Roger Tellinghuisen to participate.
The next Board meeting is Thursday, August 15, 2013 at 11:00 am CENTRAL in Vermillion-Holiday Inn Express.
Lunch will be served before the Orientation event at 1 pm.
Meeting adjourned.
SDTLA HAS SOCIAL MEDIA!!!!
The South Dakota Trial Lawyers Association is pleased to announce that it has recently re-launched its official Facebook
page in an effort to connect and unite more attorneys and legal support staff throughout South Dakota. Currently, the
SDTLA page features videos of SDTLA’s 50 Year Anniversary Party held at Grand Falls Casino this past May and a
tribute video to all of the great SDTLA members, past and present. Videos, pictures, and information about upcoming
SDTLA events will be posted soon. Members are also invited to post questions, comments, articles, etc. on SDTLA’s
Facebook wall.
Not yet a SDTLA Facebook page member? Become one today by typing South Dakota Trial Lawyers Association –
SDTLA into your Facebook search function and click JOIN!
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Advanced Anatomy for Trial Lawyers
2013 SDTLA Fall Seminar
September 19-20, 2013
Lodge at Deadwood
Agenda to be emailed out soon.
Check it out on FACEBOOK too….
REGISTRATION INFORMATION:
The seminar begins at 1 pm on Thursday September 19 and ends at noon on
Friday, September 20. Registration fees covers two half days of seminar with course materials,
breaks, Past President’s Reception and banquet dinner.
REGISTRATION FEES:
____ Comp
Sustaining members, Judges and Law
Students*
____ $175.00
members over 3 years in practice
____ $150.00
members less than 3 years in practice
____ $100.00
Public attorney members
____ $150.00
Public attorney Non-members
____ $250.00
non-members less than 3 years in practice
____ $325.00
non-members over 3 years in practice
____ $50.00
Legal Support Staff
Deadline to register is September 9th
Space is limited so REGISTER TODAY!!!
ACCOMODATIONS:
Rooms can be reserved by calling the Lodge at Deadwood 1-877-393-5634 and ask for reservations in the SD Trial Lawyer Association block. The SDTLA rate is $89.00/night plus tax. The
SDTLA room block will be released on August 20th so call today! There is a back-up room
block at Cadillac Jack’s 1-866-333-9195 for SDTLA also when the Lodge block fills up.
Please photocopy and use a separate registration form for each registrant.
Return this form and the appropriate fees to:
SDTLA Office
PO Box 1154
Pierre, SD 57501-1154
If you have questions, call (605) 224-9292.
Name___________________________________
Address_______________________________
City_____________________State_______Zip_______
Telephone_____________________ EMAIL: _________________
REGISTER ON-LINE by sending an email message with the above information to
[email protected]. Please send your registration fee by mail to SDTLA, PO Box 1154, Pierre,
SD 57501-1154.
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South Dakota Trial Lawyers Association
Notice of 2013—2014
MEMBERSHIP DUES
DUE July 1, 2013
CATEGORIES
Check one:
_______ Legal Support Staff …………………. $50.00/ year
________ Law Student…………...………………$10.00/ year
________ 0-2 years in Practice…………………$70.00/year
________ 3-5 years in Practice……..………..$100.00/year
_____ Public atty employed over 2 years*……$100.00/year
______ Over 5 years in Practice …………… $350.00/year
______ Sustaining membership ** …………$700.00/year
______ Subscribing membership *** ……..$125.00/year
Please print or type
Name _________________________________________________ Email Address_______________________
Mailing address______________________________________________________________________________
CITY _____________________________________ State__________________________ ZIP _______________
Telephone _________________________________ Cell number ____________________________________
County _____________________________________ Date Admitted to Bar __________________________
Return to with appropriate dues:
SDTLA
PO Box 1154
Pierre, SD 57501-1154
* All public attorney members must be employed on a full-time basis by the Federal, State, county or municipal
government or legal aid association.
** Any sustaining member must be engaged in the practice of law for more than five years and be a member in good standing of the
Association for five years. Attendance at the Association’s annual fall seminar is free for sustaining members.
*** Anyone may apply for a subscribing membership in the Association, i.e. associations, institutions of higher learning, research
companies, etc. Subscribing members shall receive all Association membership benefits, but are not entitled to vote.
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NEW LAWYER REFERRAL LIST
The South Dakota Trial Lawyers Association has compiled a list of aspiring young trial lawyers who are interested in
accepting civil case referrals. The list is not for pro bono referrals, but rather cases that another attorney is not interested
in handling due to his or her caseload, area of interest, or the client’s ability to pay.
The purpose of creating this list is to allow young lawyers to gain experience handling civil cases on their own, while at
the same time matching a worthy client with a willing lawyer. The goal is to give the lawyer the opportunity to
independently plan case strategy, pursue a discovery plan and try a jury trial. By agreeing to be on the list, the attorneys
have not automatically agreed to accept a case. They have the independence to accept or decline any case referred to
them. Any lawyer in practice less than five years interested in accepting referrals is encouraged to contact the SDTLA
office to join this list.
First Circuit
Kraig L. Kronaizl
Blackburn & Stevens
100 West 4th Street, Yankton, SD 57078
665-5550
Family Law, General Civil Litigation, Some Criminal
Defense
Laura Brahms
Kading Kunstle & Goodhope
7400 S Bitterroot Pl #100
Sioux Falls, SD 57108
336-1730
Family Law, Criminal Defense, Worker’s Comp, General Civil Litigation
Katie Johnson
PO Box 136
Beresford, SD 57704-0136
763-8013
Family Law, Criminal Defense, Bankruptcy
Katie Johnson
PO Box 136
Beresford, SD 57704-0136
763-8013
Family Law, Criminal Defense, Bankruptcy
Second Circuit
Cesar Juarez
Siegel, Barnett & Schutz
PO Box 1286, Sioux Falls, SD 57101
335-6250
Family Law, Criminal Defense & General Civil Litigation
Fifth Circuit
Seamus W. Culhane
Turbak Law Office
1301 4th St NE, Watertown, SD 57201
886-8361
Long Term Care, Homeowner’s, Worker’s Compensation and
other Non-ERISA Insurance Denials
Meghann Joyce
Boyce Greenfield etal
PO Box 5015, Sioux Falls, SD 57117
336-2424
Family law, Civil Litigation and Insurance Litigation
James Nasser
Nasser Law Office
204 S Main, Sioux Falls, SD 57104-6310
335-0001
General civil litigation
Casey W. Fideler
1301 4th St NE, Watertown, SD 57201
886-8361
Personal Injury, Wrongful Death, & Tax Implications of Settlements & Judgments
Seventh Circuit
Heather C. Knox
Lynn, Jackson, Shultz & Lebrun, PC
P.O. Box 8250, Rapid City, SD 57709
342.2592
family law and civil litigation.
WELCOME NEW SDTLA MEMBERS!
Kasey (Wassenaar) Olivier is a 2012 graduate of the USD School of Law. After clerking with the Second Judicial Circuit of South
Dakota, Kasey joined Johnson, Heidepriem, and Abdallah in July 2013. Kasey’s practice is devoted primarily to civil litigation, including
business litigation, products liability law, medical malpractice, insurance law, and contract law.
Jessica Larson graduated from Black Hills State University in 2005 and from USD School of Law in 2008. Jessica was active in law
school - Student Bar Association as the ABA Representative, Pace Environmental Law Moot Court Competition, Editor-in-Chief for the
Great Plains Natural Resources Journal, and a member of the USD Trial Team. Upon graduation, she clerked in the Third Judicial
Circuit of South Dakota. In 2009, Jessica joined Beardsley, Jensen & Von Wald where she handles all types of civil litigation, business
law, and appellate work.
Joe Dylla has a general civil litigation practice with Cutler & Donahoe, LLP in Sioux Falls. Joe is also hoping to build an appellate
practice. Joe started at Cutler & Donahoe in October, 2012 after a year in private practice in Rapid City. Joe is a 2010 Sterling Honor
Graduate of USD School of Law, a former editor on the South Dakota Law Review, and was law clerk for the Fourth Judicial Circuit in
Deadwood from August 2010 to July 2011.
Paul John Brankin received his BA from DePaul University, his JD from University of South Dakota and is a licensed CPA in the
State of Illinois. He is currently the Pennington County Public Advocate providing public defender services on conflict cases in Pennington County.
J ul y /A u g u s t 2 0 1 3
Page 19
From page 6
3) Is the consummate gentle-person both in and out of the courtroom.
4) Can get along with everybody.
5) Is the most self-effacing and humble lawyer this colleague knew,and
6) Has many extraordinary qualities and talents as a person and a lawyer and yet never extolls his own virtue
and always "deflects" praise from others.
7) This lawyer represents every client whether Plaintiff or Defendant, rich or poor, with full and equal vigor.
Every client gets full respect from this lawyer. Every lawyer gets full respect from this lawyer as does every
judge, every witness, and every person involved in every case.
This lawyer is known to have raised the dignity of the profession in many ways.
For example, it was reported to me that this lawyer:
1) After successfully defending a personal injury case, called the losing Plaintiff to tell him that "You are a wonderful person. I'm so sorry I had to be against you in doing my job. If there is ever anything I can do for you
please call me."
2) After getting soundly defeated in a bitter and heated contentious case, this lawyer wrote the other lawyer a
letter praising the other lawyer's performance.
3) When unable to convince an insurer client to honestly disclose discovery documents, this lawyer called opposing lawyer and said:
"There are some things I cannot be hired to do. You're entitled to have these documents. I promised you that
you would have them. I cannot get my client to provide them. All I can tell you is that as of 15 minutes ago I
have withdrawn as counsel. They cannot hire me to do just anything they want."
One lawyer told me that this recipient was trying a lawsuit in a small town against another lawyer and due to the
fact that there was only one motel and almost no accommodations they both stayed in the same room while trying the case.
Showing even more of this lawyer's collegiality amongst colleagues and opposing counsel: This lawyer who
always asserted you should get right to the point and make you strongest point first is famous for his collection
of rubber stamps that are used in response to settlement demands such as _(BLANK)_ You! Strong correspondence to follow, (Exclamation point). And Bull _(Blank)_, Exclamation Point.
Some of this lawyer’s more infamous cases include an unsuccessful defense in an alienation of affections case
wherein a $15,000 verdict was entered by a jury in favor of an 85 year old male Plaintiff who had been cuckolded by our recipient's 86 year old male client.
When the client came in to write the $15,000 check he screamed out that “if they wanted his blood they could
have it,” whereupon he cut his hand with a knife and wrote the check in his blood.
Another famous case of this famous trial lawyer involved two trips to the Supreme Court of South Dakota ultimately losing to a pro se sewing machine salesman.
This lawyer's firm belief in service to the public and to the profession have taken our recipient, and us along
with him, to some very high places. He didn't stop with being an SDTLA president or the State Bar President.
1) He has been President of the National Conference of Bar Presidents.
2) Years ago he ran for and narrowly lost the office of President of the Young Lawyers Section of the American
Bar Association.
3) Years later he lost the Presidency of the entire ABA by one vote.
Continued on page 20
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Page 20
From page 19
4) He serves on the Board of the American Bar Association Endowment Corporation.
5) For may years he was a member of the ABA House of Delegates and on its Board of Governors.
6) He has been the South Dakota Bar Foundation President;
7) He has been the Jackrabbit Bar Association Chancellor;
8) He is a member of the ABA Standing Committee on the Federal Judiciary.
9) He was a Co-recipient of the coveted McKusick Award.
10) He was the recipient of an additional honorary Doctorate at USD.
11) and he was an invited member of the American College of Trial Lawyers at a young age.
And yet he devoted pro bono and charitable efforts towards such wonderful projects as Wakpa Sica, a place of
Reconciliation with a Justice Center for Native American Tribal Disputes. And numerous pro bono projects.
Our recipient began his love affair with South Dakota at the age of 3 when parents Walter and Lois moved their
family to Pierre from Texas. The Texas accent is long gone, except, I'm told, when it has re-emerged on several
occasions during campaigns for various ABA offices when he needed to solicit the votes of Southern delegates.
Of her father, this lawyer's daughter told me that her dad would take her and her brother to all the professional
functions he attended, but more importantly, he would carry his dictating machine with him, whether traveling
or at home and whenever one of his kids said something that would make him smile he would dictate it into the
machine so he wouldn't forget it. As busy as he was, he always let them know how important they were. When
they got older, this lawyer, also being a pilot, would fly to Kansas or Washington DC or wherever they were to
just "show up" for dinner. I personally saw the pride and joy on his face when his daughter received her USD
law degree since he had always told her that she was capable of doing anything her older brother could do.
He graduated from Riggs High School in Pierre. He graduated from Colorado State University with honors in
1965. After furthering his agricultural studies in Peru for a year he decided to be a lawyer and enrolled In the
USD School of Law, graduating with honors.
He practiced law with the May, Adam, & Porter, (now May, Adam, Gerdes, & Thompson) firm.
His mother, Lois, 93 is still living and well. He has two children Murray and McLean. McLean is also a lawyer
and very active in this organization. His family is here and they are as proud of him as we are.
He is a pilot. He is a rancher. He is fine fine Trial Lawyer and a fantastic person.
Dean Nasser keeping Stan company at the headtable…..
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Continued from page 2
law firm. My grandfather George Johnson was one of the founding members and served as the Secretary/Treasurer of
the organization in 1968; unfortunately cancer prevented him from moving any further up the ladder. My father Rick
Johnson was committed to the SDTLA for his entire career: he served as the SDTLA president in 1971. Additionally former members of our firm Gary Davis (1982) and Wally Eklund (2007) each served as president of the SDTLA, and my
brother George Johnson and I have both served on the Board of Governors.
I hope that you noticed at the top of this letter that I’m recycling: my brother and I found this stationery in a file marked
“SDTLA – Important” while we were cleaning out Rick’s desk after his death. Other records Rick kept in his desk included: invitations and complimentary letters he had received from other lawyers; a variety of witty musings from the likes of
Bill Wilson, Dave Gienapp, Dave Vrooman, Bill Janklow, Mark Meierhenry, Ron Banks and Tom Pardy; laminated maps
of the trees he had planted in his orchard; a stack of hot pepper plant orders and seed packets (which I assume were
being saved in anticipation of a Mike Schaffer challenge); hunting notes and drawings that he and my son Gavin had
exchanged; and decades of invitations to his trial lawyer’s hunts. It was like mining a treasure trove of things that mattered to my dad.
Included in Rick’s “SDTLA – Important” file along with the stationery that I’ve used here were 42 blank membership certificates that were signed by Joe Butler in 1967. At the end of my president’s letter, I’ve included one of the blank membership certificates signed by Joe – another legendary lion of the South Dakota trial bar.
The blank membership certificates do indicate that membership recruitment in 1967 – year 4 of the SDTLA -- wasn’t exactly what the Board of Governors had hoped. Yet this certificate should not only trigger a re-telling of some of the best
Joe Butler war stories, I hope it inspires all of you to help us fulfill the1966-67 Board of Governor’s membership goal.
With your help, we can recruit at least 42 new lawyers who can benefit from a SDTLA membership this year.
I have one easy way of doing this: our law school student memberships are only $10 a piece. Law student participation
in SDTLA events and positive interactions between SDTLA members and aspiring trial lawyers is mutually beneficial:
we can encourage law students to explore a career in trial law and the students can help us grow our membership and
adapt to the changes that the next generation of trial lawyers will bring to our profession. Additionally, because the USD
Law student body is increasingly diverse, welcoming USD law students into our organization at the very beginning of
their legal careers will encourage necessary diversity in the SDTLA in years to come.
We would like to provide complimentary student memberships to every one of the 217 full-time law students at USD.
Can you help us? Each donation of $10.00 to the “Adopt a Student” membership drive will allow you to sponsor a law
student membership. Simply send your donation to Sara marked “Adopt a Student”: when you do, the law student you
sponsor will be advised that you have provided him/her with this valuable membership along with your contact information so that you can potentially correspond or meet at SDTLA events.
Adopting a law student is an important step toward our future, but there is more that we can do for practicing trial lawyers. There is something valuable in SDTLA membership for every lawyer who does courtroom work in the state, especially in terms of our legal education programs and workshops. Law school faculty memberships are complimentary.
Your legal support staff can join for $50.00. New lawyer memberships for lawyers who have been in the practice three
years or less are $70.00; memberships for lawyer who have been in the practice for three to five years are $100.00.
Federal, state and local government and legal aid memberships cost $100.00.
Think about Joe Butler’s optimistic effort of signing 42 blank membership certificates. Can you call a favorite professor
and tell them about this free opportunity to be a part of the best legal education and professional development organization in the state? Can you sponsor a membership for a public service trial lawyer who has a set budget or help out a
new lawyer who has a student loan debt that impacts his/her ability to pay membership dues? Can your trial preparation be more effective and creative by having your legal support staff learn the newest persuasion techniques with you?
Rick’s description of the things he saved -- “SDTLA – Important”– summarizes exactly how I feel about both the past and
the future of the SDTLA. We have an enthusiastic Board of Governors who are excited to make the SDTLA even more
responsive to membership interests and a little more technologically accessible. We are looking forward to hearing your
ideas and concerns so that we can continue to build a diverse, creative and enthusiastic membership.
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