Iowa lawyers serving US in war zone

Transcription

Iowa lawyers serving US in war zone
THE
Volume 64 Number 4 April 2004
IOWA LAWYER
Iowa lawyers serving U.S. in war zone
ALSO IN THIS ISSUE
– Dick Calkins’ mock trial impact felt nationally
– Chief Justice paints somber picture
– Appealing for more Pro Bono volunteers
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THE
CONTENTS
IOWA LAWYER
Volume 64 Number 4 April 2004
Published at 521 East Locust
Des Moines, Iowa 50309
Charles Corcoran, Editor
515-243-3179
THE IOWA STATE BAR ASSOCIATION
OFFICERS 2003-2004
ABA proposes rule on financial responsibility
– Collins. . . . . . . . . . . . . . . . . . . . . . . . . 4
Iowa lawyers serving with honor in Iraq
– Nell, Larson, Stanger . . . . . . . . . . . . . . . 6
Rosenberg heads Civil Rights Commission. . . . 9
Minority rights equity still a way off,
ABA says . . . . . . . . . . . . . . . . . . . . . . . 10
Lavorato reports next year
my be toughest yet . . . . . . . . . . . . . . . . . 11
Calkins honored for pioneering
mock trial work – Bloch . . . . . . . . . . . . . . 13
Iowa leading in protecting biotech
– Lebron-Dykeman. . . . . . . . . . . . . . . . . . 16
CONTINUING LEGAL EDUCATION SECTION
– Rue . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Jay Foonberg coming for Annual Meeting . . 18
IowaDocs classes in April and May . . . . . . 19
Workers Comp Seminar April 21 . . . . . . . . 20
Juvenile Law Seminar April 22 . . . . . . . . . 21
Criminal Law Seminar April 29 & 30 . . . . . 22
Bridge the Gap May 6 & 7 . . . . . . . . . . . . 23
Spring Ethics Seminar May 11 - 14 . . . . . . 25
Local Government Financing May 12 . . . . . 26
Transitions . . . . . . . . . . . . . . . . . . . . . . . . 27
NEW Leadership Development &
Orientation Program – Oliver . . . . . . . . . . 29
We can’t forget pro bono! – Toresdahl . . . . . . 30
Pro Bono Honor Roll . . . . . . . . . . . . . . . . . 31
Classified Advertisements . . . . . . . . . . . . . . 34
Bench-Bar Conference: It’s a whole new
ball game! May 20 - 22 . . . . . . . . . . . . . . 38
ISBA Two-person Best shot State Championship
July 12 . . . . . . . . . . . . . . . . . . . . . . . . . 40
President, Kevin Collins, Cedar Rapids
President-elect, Nicholas Critelli, Jr., Des Moines
Vice President, J. C. Salvo, Harlan
Immediate Past President, Alan E. Fredregill, Sioux City
Executive Director, Dwight Dinkla, Des Moines
THE IOWA LAWYER
(ISSN 1052-5327) is published monthly by The Iowa State Bar
Association, 521 East Locust, Des Moines, Iowa 50309.
Subscription included in membership fee. Non-members, $30
per year. Periodicals postage paid at Des Moines, Iowa.
Postmaster: Send address changes to The Iowa Lawyer,
521 East Locust, Des Moines, IA 50309.
ABOUT THE COVER
The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave.,
Des Moines, IA 50322. Telephone (515) 270-0402.
Art Director: Peggy Card
ARMED AND READY – Clad in body armor,
some of the first United States soldiers flew
to Qayyarah, Iraq, in a Blackhawk helicopter.
Serving in an advance party to establish a
new location for First Brigade of the 101st
Airborne Division, Major Roger Nell, at left,
an Iowa attorney, was among 12 AirAssault
troops in three choppers leading the way.
Read Roger’s story and those of two others
with Iowa legal ties in their own words,
starting on page 6.
Classified Advertising
Qualifying ISBA members – 2 months free; $70 thereafter
Non-members – $110 per column inch per insertion
See classified section for details.
For Display Advertising Rates
Contact David R. Larson (515) 440-2810; or write:
The Iowa Lawyer, c/o Larson Enterprises, 909 50th St.,
West Des Moines, IA 50265.
Communicating with The Iowa Lawyer online:
Send your comments and Letters to the Editor to
[email protected]. Please include your daytime
phone number should we need to contact you with an
answer or for verification. Executive Director Dwight
Dinkla’s electronic mail address is [email protected].
Assistant Executive Director Harry Shipley’s address is
[email protected].
Iowa State Bar Association Board of Governors
OFFICERS:
Kevin Collins, president,
Cedar Rapids, (319) 365-9461;
Nicholas Critelli, Jr., president-elect,
Des Moines, (515) 243-3122;
J. C. Salvo, vice president,
Harlan, (712) 755-3141;
Dwight Dinkla, secretary,
Des Moines, (515) 243-3179,
Alan E. Fredregill, immediate past president,
Sioux City, (712) 255-8838
DISTRICT 1-A:
Marion Beatty, Decorah, (319) 382-4226;
Stephen Juergens, Dubuque, (319) 556-4011.
DISTRICT 1-B:
Timothy Sweet, Reinbeck, (319) 345-4696;
George L. Weilein, Waterloo, (319) 233-6163.
DISTRICT 2-A:
C. Bradley Price, Mason City, (641) 423-1173;
Thomas A. Lawler, Parkersburg, (319) 346-2650.
DISTRICT 2-B:
Steven W. Hendricks, Fort Dodge, (515) 576-4127;
Joel T. Greer, Marshalltown, (641) 752-5467;
Jim P. Robbins, Boone, (515) 432-7114;
DISTRICT 3-A:
A. David Bibler, Algona (515) 295-3565.
Joseph Fitzgibbons, Estherville, (712) 362-7215
DISTRICT 3-B:
James Lohman, Denison, (712) 263-4627
Dan A. Moore, Sioux City, (712) 252-0020
DISTRICT 4:
Alan Anderson, Logan, (712) 755-3141
Charles L. Smith, Council Bluffs, (712) 325-9000
DISTRICT 5-A:
Mark Otto, Newton, (641) 792-4160
DISTRICT 5-B:
Elisabeth S. Reynoldson, Osceola, (641) 342-3423
DISTRICT 5-C:
Steven Lytle, Des Moines, (515) 283-8159
Michelle A. McGovern,
Des Moines,(515)281-6620
Paul Tyler, Des Moines, (515) 246-4513
Frank Carroll, Des Moines, (515) 288-2500
Jane Lorentzen, Des Moines, (515) 244-0111
Joe Van Winkle, Des Moines, (515) 243-1000
Susan L. Ekstrom, Des Moines, (515) 243-6395
Carol Moser, Des Moines, (515) 237-1561
David C. Craig, Des Moines, (515) 288-0145
Anita L. Shodeen, Des Moines, (515) 237-1186
DISTRICT 6:
Marsha Beckelman, Cedar Rapids, (319) 297-7515
Marsha A. Bergan, Iowa City, (319) 351-5193
Christine M. Luzzie, Iowa City, (319) 351-6570
Daniel Y. Rathjen, Tama, (641) 484-5211
J. Michael Weston, Cedar Rapids, (319) 366-733.
DISTRICT 7:
A. John Frey, Jr., Clinton, (563) 242-1832
Gerald Denning, Wilton, (563)732-2666
DISTRICT 8-A:
John Morrissey, Fairfield, (641) 472-3144
Rick L. Lynch, Bloomfield, (641) 664-3188
DISTRICT 8-B:
Roger Huddle, Wapello, (319) 523-4221
IOWA JUDGES ASSOCIATION REPRESENTATIVE:
Honorable John Nahra,
immediate past president, IJA
EX-OFFICIO MEMBERS:
James Carney (legislative counsel)
Des Moines, (515) 282-6803
ABA DELEGATES:
David Funkhouser Mason City, (515) 423-6223
David Brown, Des Moines, (515) 244-2141
Jay Eaton, Des Moines, (515) 832-6565
YLD OFFICERS:
Aaron Oliver, president,
Des Moines, (515) 244-2141
Joseph T. Moreland, president-elect,
Iowa City, (319) 337-9606
Matthew Preston, secretary,
Cedar Rapids, (319) 866-9277
Timothy Semelroth, immediate past-president,
Cedar Rapids,
(319) 365-9200.
THE
IOWA LAWYER March 2002 3
THE PRESIDE
ABA Proposes Model Rule on Lawyer Disc
TATE
AS
N
O
AS
SO
R
BA
IOW
Kevin Collins
C I ATI
Two recent issues of The Iowa Lawyer
have devoted columns to loss
prevention. This topic will also be on
the agenda at the ABA Annual Meeting
in Atlanta in August, 2004. A proposal
which has received a mixed response is
the Model Rule on Financial Responsibility.
This model rule addresses disclosure of
whether a lawyer or law firm carries
professional liability insurance.
The ABA Standing Committee on
Client Protection will recommend to
the ABA House of Delegates the
adoption of a Model Rule on Financial
Responsibility. The full text of the
proposed Model Rule is set out in
the accompanying side bar.
Alaska, New Hampshire, Ohio and
South Dakota have amended their
Model Rules of Professional Conduct to
require lawyers to disclose to their
clients whether they maintain
professional liability insurance.
Delaware and Michigan require
lawyers to disclose on their annual
certification to the state Supreme Court
whether they maintain professional
liability insurance and Nebraska, North
Carolina, and Virginia require lawyers
to disclose on their annual registration
4
THE
IOWA LAWYER April 2004
statement with the state bar association
whether they maintain professional
liability insurance. In Nebraska and
Virginia, information regarding a
lawyer’s professional liability insurance
is made available to a potential client if
the client contacts the bar association
and requests it. Oregon is the only
state that mandates professional
liability insurance as a condition of
practicing law.
As set forth below the disclosure
requirements vary from state to
state. Oregon has the most stringent
requirement which is that all lawyers
must maintain coverage as a condition
of licensure:
Alaska: A lawyer shall inform the
client in writing if the lawyer does
not maintain liability insurance with
limits of $100,000 per occurrence
and $300,000 annual aggregate.
Lawyer to maintain disclosure
records for 6 years from termination
of representation.
Delaware: Annual certification to State
Supreme Court whether lawyer/firm
has malpractice coverage.
Michigan: Annual certification to State
Supreme Court whether lawyer/firm
has malpractice coverage.
Nebraska: Annual certification to state
bar association whether member is
currently covered by professional
liability insurance. Information
regarding whether lawyer/firm
maintains insurance coverage will
be made available to member of the
public upon inquiry.
New Hampshire: Lawyer shall inform
client at time of engagement or at
any later time if the lawyer does
not maintain professional liability
insurance of at least $100,000 per
occurrence and $300,000 aggregate.
A separate form shall be signed by
client acknowledging notice by the
lawyer. Lawyer must maintain a
copy of notice for 5 years following
termination of representation.
North Carolina: Annual certification to
state bar association whether
lawyer/firm maintains professional
liability insurance.
Ohio: Lawyer shall inform client at time
of engagement, or at any later time
during representation if the lawyer
does not maintain professional liability insurance of at least $100,000 per
occurrence and $300,000
aggregate. A separate form shall
be signed by client acknowledging
notice by the lawyer. Lawyer
must maintain a copy of notice
for 5 years following termination
of representation.
Oregon: Requires lawyers to maintain
professional liability insurance.
South Dakota: If a lawyer does not have
professional liability insurance with
limits of at least $100,000, or if during the course of representation the
coverage lapses or is terminated, a
lawyer shall promptly disclose to the
client as a component of the lawyer’s
letterhead. In other words a lawyer
without coverage is required to use
letterhead in communications with
clients which discloses the lack of
coverage. Since the rule mandates
the disclosure only to clients it means
lawyers without coverage will have
two sets of letterhead. One to
communicate with clients and one
for all other communications.
Virginia: Annual certification to state
bar association whether lawyer/firm
maintains professional liability
insurance. Information regarding
whether lawyer/firm maintains
insurance coverage will be made
available to member of the public
upon inquiry.
NT’S LETTER
losure of Professional Liability Insurance
The ABA Standing Committee on
Client Protection believes that whether
a lawyer maintains professional liability
insurance or another form of adequate
financial responsibility is a material fact
that may bear upon a client’s decision
to hire a lawyer. It is the Committee’s
position that lawyers should be
required to make this information
available to prospective clients so that
the clients can make a fully informed
decision when deciding whether to
hire a lawyer.
In lieu of recommending an
amendment to the ABA Model Rules of
Professional Conduct, the proposed
Model Rule would require lawyers to
disclose on their annual registration
statement whether they maintain
professional liability insurance or
another form of adequate financial
responsibility. Failure to make the
required disclosure would not be a
disciplinary offense but rather would
result in a lawyer’s administrative
suspension until such time as the lawyer
complies with the Rule.
The ABA has requested that each
state bar association bring this matter to
the attention of its governing board to
provide input. This issue is of sufficient
importance that the ISBA would like to
hear from members. Specifically, we
would like to know if you support the
idea of requiring lawyers to disclose on
their annual registration statement
whether they maintain professional liability insurance or another form of adequate financial responsibility and, if so,
if you have any suggestions on how the
proposed ABA Model Rule could be
improved.
Please take the time to review the
proposed rule and contact the bar association or your governor.
AMERICAN BAR ASSOCIATION
STANDING COMMITTEE ON CLIENT PROTECTION
A B A MODEL RULE ON FINANCIAL RESPONSIBILITY
RULE ___.
FINANCIAL RESPONSIBILITY
A.
The purpose of this Rule is to make information available to the public about the
financial responsibility for professional liability claims of each active lawyer admitted
to practice law in [jurisdiction]. Each lawyer shall, upon admission to practice law in
[jurisdiction], and with each subsequent annual registration statement, submit the
certification required in this Rule.
B.
Every active lawyer shall certify to the [highest court of the jurisdiction] on or
before [July 31 or December 31 of each year]: 1) whether the lawyer is engaged in
the private practice of law; 2) if so engaged, whether the lawyer is currently covered
by professional liability insurance with limits of not less than $100,000 per claim and
$300,000 policy aggregate covering generally insurable acts, errors and omissions
occurring in the practice of law, other than an extended reporting endorsement;
3) if the lawyer is so engaged and is not covered by professional liability insurance in
the above minimum amounts, whether the lawyer has another form of adequate
financial responsibility and describing same with reasonable particularity; 4) whether
there is any unsatisfied final judgment(s) against either the lawyer, or any firm or
professional corporation in which the lawyer has practiced, for acts, errors, or
omissions (including, but not limited to, acts of dishonesty, fraud or intentional
wrongdoing) arising out of the performance of legal services by the lawyer,
including the date, amount and court where the judgment(s) was rendered; and
5) whether the lawyer is exempt from the provisions of this Rule because the lawyer
is engaged in the practice of law as a full-time government lawyer or in-house
counsel and does not represent clients outside that capacity.
C.
The foregoing shall be certified by each active lawyer admitted to practice law in
[jurisdiction] in such form as may be prescribed by the [highest court of the
jurisdiction] and shall be made available to the public by such means as may be
designated by the [highest court of the jurisdiction].
D. Any active lawyer who fails to comply with this Rule in a timely fashion, as defined by
the [highest court in the jurisdiction], may be suspended from the practice of law
until such time as the lawyer complies. Supplying false information in response to
this Rule shall subject the lawyer to appropriate disciplinary action.
E.
Definitions.
1.
“Another form of adequate financial responsibility” means funds, in an amount
not less than $100,000, available to satisfy any liability of the lawyer arising from
acts or omissions by the lawyer or other persons employed or otherwise
retained by the lawyer. The funds shall be available in the form of a deposit
in trust in a [jurisdiction] trust company of cash, bank certificate of deposit
or United States Treasury obligation, a bank letter of credit or a surety or
insurance company bond.
THE
IOWA LAWYER April 2004 5
Heroics, perseverance, sense of purpose, patriotism:
Iowa lawyers serving with honor in Iraq war zone
By Major Roger Nell, Major Chuck Larson and First Lieutenant Kristina Stanger
War stories told by soldiers in a war zone
aren’t just all about shooting. They often
let you see inside them, what they might
not normally show just anyone.
They tell of loneliness, fear and faith.
They are of principles, pride in what they
see as mission, passion for justice and
longed-for peace. They are of new
experiences and counting days down.
They are of missed families and friends.
Lt. Stanger, right, smiles in a chow line.
The food isn’t bad.
Here two members of our bar and a law
student from Drake University Law School
tell how real people see Operation Iraqi
Freedom from the inside and how they
dealt or are dealing with it.
Major Roger Nell, today the district
public defender in Clarksville, Tennessee,
has been a member of the ISBA since
June, 1990.
Major Charles (Chuck) Larson, well
known in Iowa as Republican Party chair
and a state legislator, had been working as
a corporation counsel when he received
his orders to deploy to Iraq a few months
ago. He is in the war zone now.
First Lieutenant Kristina Stanger of A
Company, 109th Medical Batallion was
in Iraq, in a place called Mosul. She is
heading home now, dreaming of going to
a paradise called Jamaica. It has been the
dream that helped sustain her.
From Major Nell –
“Having just returned from a tour
of duty in Iraq, I thought it might be
appropriate to share some observations.
I have a long list of things that I have
learned over the last year, some related to
home (my wife Rhonda is extraordinary),
6
THE
IOWA LAWYER April 2004
some related to policy (like the EPA is not
a bad thing after all), some related to
comfort (indoor plumbing is a great
thing), and others. Let me share two: the
excellence of the American soldier and
the state of the Iraqi judicial system.
“During the war, I was concerned
mostly with making sure commanders did
not have to answer for actual or perceived
violations of the law of war. It was my job
Here the lieutenant is aboard a
C130 heading out.
to make sure that operations were conducted within the rules set out in the
Hague Regulations and Geneva
Conventions. To do that, my team ... and
I monitored the combat operations 24
hours a day in the brigade tactical
operations center. We went out onto the
battlefield with the brigade commander
to observe the situation. We attended
targeting meetings to ensure that
proposed targets were lawful and that
the weapon system directed at a target
was appropriate. We also reviewed the
handling of prisoners.
“When major combat operations concluded, we found ourselves in Qayyarah in
Northern Iraq, about an hour’s drive
south of Mosul. We spent nine months
establishing local government, rebuilding
infrastructure, and providing security in
that area. My team and I focused early on
finding the local courts, finding the judges
(who had all fled), learning about the
judicial system, and getting it all working
again. We were helped greatly by two
men: Mahmood Hammed who was our
translator and a lawyer and Hussein
Mansour, also a lawyer, who became the
mayor of
his town.
“The judicial system, at the local and
provincial level, is pitiful. One would think
that a culture that can boast of the Code
of Hammurabi and a civilization that dates
back 4,000 years and more would be more
sophisticated or simply more functional. It
is apparent that Saddam’s regime held no
regard for the rule of law. Court facilities
had seen no repairs, let alone
Major Larson at a map during a
battle simulation.
improvements, in over 12 years. Judges’
salaries were about $150 a month, which,
for one judge in our area, was sufficient
for about a week’s worth of necessities for
his family of 5. The former regime
assigned judges to areas far removed
from their familial and tribal ties, which
paralyzed the judges’ ability to make
hard decisions. Of course, to even be a
judge, you had to be a member of the
Ba’ath Party.
“You can be proud of U.S. soldiers in
every respect, including this one. The
discipline of the soldiers and the judicious
use of force by commanders made this
aspect of our job easy. Our soldiers,
through excellent training, knew when
and how much force to apply in the
situation. There were times that called
for all out firepower, and they poured it
on. When the brigade entered An Najaf,
Saddam Fedayeen soldiers fought
desperately and were overwhelmed by
our firepower.
“There were times for restraint, and they
showed it. At the Mosque of Ali in An
Najaf, our soldiers were confronted by an
overwhelming, angry mob and the
battalion commander ordered the soldiers
to take a knee and smile. There were times
when they could have lawfully poured it
on, but didn’t. A patrol had found a
cache of mortar rounds and set up an
‘overwatch’ position with orders to kill
whoever went there to retrieve the
munitions. Instead, the patrol leader
captured the insurgents without firing
a shot.
“Still, we found some judges to be
motivated individuals who had a strong
desire to see the judiciary become
independent. Under our protection, the
courts were the first government agency to
reopen in our area. The judges, more so
than the average citizen, showed initiative
and a desire to work. In fact, they all
returned to work and continued working
even though they didn’t get paid for
months as we tried to unravel the fiscal
mess. We obtained funds to renovate the
three courthouses in our area, in the hope
that improved facilities will increase
respect for the law as they move towards
the rule of law rather than the rule of
Saddam. There is a spark, at least at the
local level, to improve matters, but it is
contingent upon matters being settled at
the national level.”
Roger received his law degree with
honors from Drake University in 1990 and
graduated from the University of Iowa with
honors in history in 1987. He is a major in
the Judge Advocate General’s Corps
assigned to the 139th Legal Support
Organization in Nashville, Tennessee, and
was activated and deployed with the 101st
Airborne Division (Air Assault) in March,
2003. He was assigned to the 1st Brigade
after a grenade attack injured the regularly
assigned judge advocate.
Upon release from active duty in late
March, 2004, he returned to his position
as District Public Defender for the 19th
Judicial District of Tennessee to which the
governor of Tennessee appointed him in
2000 and to which he was elected in 2002.
He was awarded the Bronze Star for his
service in Operation Iraqi Freedom.
Upon returning to the U.S., he learned
that he had been selected for promotion
to lieutenant colonel. He can be
reached at [email protected] or
[email protected]
From Major Larson –
“I have good news. We arrived safe and
sound in Iraq! After spending 10 days in
Kuwait, we convoyed north. It was a long
Major Nell with an indispensable
Iraqi advisor.
and dangerous two-day journey.
“The final day of the route we took is in
the most dangerous area in the country there was one roadside bomb ahead of our
convoy that morning and three the day
before. This brought reality home to
everyone about the environment we are
working in. This is what we expected,
but it is just something no one can truly
understand until you are in that situation.
All of our weapons were fully loaded, at
the ready.
“Two hours after our arrival, we
received our first mortar round. Should
make life here interesting. Last week they
had a French or Russian rocket hit a tent,
went through a person’s sleeping bag and
cot. It did not explode and no one was
hurt. The mortar attacks occur on nearly a
daily basis, but everyone seems to carry on
with life as if that were not the case.
“Our new home is about like Gilligan’s
Island. Everything was built by hand –
desks, benches, shower points, etc. The
soldiers that we are replacing did this
work. The weather in the summer will
reach about 140 on a regular basis. Most
folks lose 20 lbs or more, but then put it
back on in the winter.
I have attached some photos, one from
Kuwait (the tents we lived in) and several
from our convoy.
The lower half of Iraq is an alluvial
plain or a river basin. Thus, the ground is
nothing more than extremely dry silt. It is
almost a white powder and it covers everything. The river shot is of the Tigris River.
Much of the river basin used to be
wetlands and is thought to be the Garden
of Eden. The Shi’a Muslims populate this
area of the country, and as you know, they
were not supporters of Hussein. Although
they were a political minority, they represent 60 percent of the population. Because
Saddam considered them the enemy, he
had them murdered (mass graves with an
estimated 300,000 plus buried), their
The ball of the sun sets over a military tent
city in the desert.
homes burned and bulldozed. Canals were
dug through the wetlands to drain the
water and to deny the Shi’a their very
existence. If digging canals did not work,
he would then poison the water. It is truly
a very sad story.
As you can imagine, the Iraqis in this
part of the country were thrilled to see us.
They lined the highway to welcome us. We
saw very few homes and could not figure
out where they all lived. The few homes
that we did see where tents or very primitive mud-brick, single-room dwellings.
From Baghdad on to the North, it is an
entirely different story. The Sunni Muslims
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THE
IOWA LAWYER April 2004 7
predominately populate this area and they
were Hussein’s strongest supporters. They
received all of the benefits of his regime. I
found out that Sunni Muslims represent
only about 30% of the population (with
the remaining 10 percent of the population, a mix of Christians and other religions). The Shi’as are much more religious whereas the Sunnis are less religious
and more political. I would estimate that
40 percent of the people in the northern
area are supportive and 60 percent are
not. When we drove through areas north
of Baghdad, few would wave. We saw a
little boy run up to the road to wave and
his sister grabbed his arm and pulled
him away.
The last photo is a shot of a worn-out
soldier who just wrapped up a two-day
convoy through hell. The camouflage
vest is body-armor that should stop an
AK-47 machine gun round. All four
doors of our HMMWV (high mobility
multipurpose wheeled vehicle) were
replaced with thick steel.
I’m glad to be safe and to have a
chance to update you on the mission
here. It’s an honor to be serving our
great country. I wish you all the best.
From First Lieutenant Stanger –
Things are going fine. Yes I am still
kicking. The company has had quite a bit
happen in the last 10 days or so. To give
you an idea here are just a few of the
dramatic events:
• Two convoys through bad parts of the
country last week in order to retrieve
some of my medics from the “outlying”
sites. Of course I had a toe to toe with
some higher ranking personnel about
the release of these soldiers from their
areas even though they are my soldiers
in the first place. But we returned
with minor bruises and no accidents
or incidents.
• An exchange of my medical professionals: by law (thanks to the First Gulf War)
the Reserve component MD’s only have
to spend 90 days in theater. This is our
fourth and final (we hope) rotation of
doctors. It is hard to break them in
sometimes as we have been living this
way without a lot for months and just a
few days to them is torture. In addition
most are like Majors or Colonels, so it is
often difficult to integrate them with the
medics. Believe me I don’t have a lot of
patience for that mission ... but I am
thrilled to have them here! They always
do a great job and then leave us behind.
• A new mission to establish a dental clinic
in one week. Oh, I forgot to mention we
didn’t have any equipment (it had been
sent to Battalion for use), no dental
technician, and no dentist. But now we
got the dentist, so we should begin ops
any day. Right?
• I have been preparing about six packets
of information to present to the
Battalion Commander today. I bet I have
spent about 18 hours in the office for
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THE
IOWA LAWYER April 2004
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the last 4 days. Putting out fires. Never
mind the fact that I am nervous about
flying the 250 miles on a MEDEVAC
chopper to the Battalion Area of
Operations. I also have to fly lying down
on a litter as there will be other three
other patients going that way. But, I am
required to be there and I will do what it
takes. Besides, I have never flown on a
litter – generally a good thing – and this
will hopefully be my one and only
experience with it.
• Our timeline for redeployment
continues to look like end of March for
arriving in the states – Fort McCoy likely.
And so my focus is on one day at a time.
One issue at a time. Not a problem – only
about 67 (rough, best guess – end of
March) days to go. And only 103 to
Jamaica.
Thanks everyone for your prayers and
continued support!! I really appreciate it. I
promise to do everything in my power to
stay out of trouble and get us home safe
and sound in the next two months.
Take care. God Bless.
Then came this note –
I have been waiting for over 12 months
to write this message: This will be my
final email
from Iraq. Company A will be in Kuwait
by Monday. We will likely have very limited
if any access to email at all down there. We
will be deep in the process of getting the
heck out of here (REDEPLOYMENT) for
the next 20 days. ....
We will be flying in to Wisconsin.... As
we drive into Iowa City we will welcome
family, friends, and supporters to line the
streets or meet us at our final destination.
Not sure if that will be Carver Hawkeye
parking lot yet or not – I’ll keep you posted. From there, we will be dismissed for
GOOD! And then it is home sweet home.
Of course Jaimaca about a month later.
Well, I know that everyone is thinking
about us and praying for us because we
have had some really close hits this last
week. Thankfully we are all doing
well. But, we could definitely use your
continued prayers for this weekend as
we convoy over 800 miles through this
country and on into Kuwait. Thanks
again for everything. I hope the next time
I send a message to this wonderful group
will be from American soil. All the best to
you and yours.
God Bless, Kristina.
Rosenberg named Rights Commission chief
Marion Beatty, a Decorah attorney and
member of the ISBA Board of Governors,
was unanimously nominated at the March
BOG meeting to be the next vice president
of the Association. Ballots were sent to
members in early March and were due
back by March 31.
You should know that …
all the rules with respect to lawyer advertising
are set out in DR 2-101, DR 2-102, and
DR 2-105 of the Iowa Code of Professional
Responsibility for Lawyers which is Chapter 32
of the Rules of the Iowa Supreme Court.
Ames Attorney Ralph Rosenberg, cited for his “strong personal commitment to civil
rights,” has been named director of the Iowa Civil Rights Commission by Governor Tom
Vilsack and Lt. Governor Sally Pederson.
“Ralph Rosenberg has extensive experience in law, in public policy, as a member of
the Iowa Legislature and in nonprofit administration, and he has demonstrated a strong
personal commitment to civil rights,” Governor Vilsack said. “I am confident he will be a
strong and effective leader for the Iowa Civil Rights Commission.
“Ralph Rosenberg has a special commitment to helping at-risk children, people with
disabilities and other vulnerable Iowans,” Lt. Governor Pederson said. “He is the right
choice for this position and we are confident that he will be a strong voice for civil rights
for all Iowans.”
“I am honored to be chosen for this position, and I look forward to working towards
achieving a more inclusive Iowa and a state free of discrimination,” Rosenberg said.
He will be leaving his position as the Interim Executive Director of Heartland Senior
Services, and will begin work at the Civil Rights Commission on March 29.
His previous experience includes: serving as executive director of the Coalition for
Children’s and Family Services in Iowa, a group of 32 private and public agencies that
provide services to at-risk children and families; coordinator and chair of the Institute for
Public Leadership, a statewide institute to train emerging leaders in state government, and
executive director of the Youth Law Center in Des Moines. Rosenberg served in the Iowa
House of Representatives from 1981 to 1990 and in the State Senate from 1991 to 1994,
and practiced law from 1979 to 1995.
He has lectured at Iowa State University, Drake University Law School, Upper Iowa
University, and Des Moines Area Community College on family law and policy,
introduction to law, public interest law, business law, state government and crime
and delinquency.
The Iowa Civil Rights Commission is the agency charged with enforcing the laws
prohibiting discrimination in employment, housing, financial credit, education and public
accommodation. Rosenberg’s appointment is subject to confirmation by the Iowa Senate.
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THE
IOWA LAWYER April 2004 9
Minority rights equity still a way off,
ABA reports on itself, profession
Much work
remains to be done
before minorities
achieve full and
equal representation
in the American Bar
Association and the
legal profession as a
whole, the ABA
Dennis W. Archer
Commission on
Racial and Ethnic
Diversity in the Profession concluded in its
Goal IX Report for 2003-2004.
The ABA noted in a release that 2003
marked a milestone year in advancing
minority leadership, with Dennis W.
Archer of Detroit and Robert J. Grey Jr.
of Richmond holding the association’s
two highest offices. Archer, president,
and Grey, president-elect, both are
African American.
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10
THE
IOWA LAWYER April 2004
“Progress has been made, but there is
much more that can and needs to be
accomplished,” said Lawrence R. Baca,
chair of the commission.
The commission cited the 2000 U.S.
Census report that 90 percent of all
lawyers and judges in the U.S. were
Caucasian, although only 75.1 percent
of the general population was.
In a voluntary census of ABA members,
only 37.9 percent of members identified
their ethnicity. Among those, 90.99
percent listed themselves as Caucasian,
2.75 percent designated themselves as
African American, 2.5 percent as Asian
American, 2.23 percent as Hispanic and
0.52 percent as Native American.
These statistics are among data detailed
in the commission’s Goal IX Report
for 2003-2004. The annual report was
developed to monitor progress by the ABA
and its various entities in achieving “full
and equal” participation of minorities
throughout the ABA. The association’s
ninth goal is to encourage “full and
equal participation” of racial and ethnic
minorities in the legal profession.
“We conduct this self-analysis because
the ABA is the largest and most prominent
organization in the legal profession. It
should both reflect and lead the broader
legal profession. If we in the ABA hope
to maintain public confidence in the
relevance of the justice system, then
it is crucial that our profession reflects
and incorporates the diversity that
characterizes our nation. We can only
lead the profession toward that goal if we
continue to strive to achieve it within our
own ranks,” said Baca.
One measure of progress used by the
commission is the proportion of presidential appointees to leadership positions who
are racial or ethnic minorities. Of Archer’s
688 appointees, 228 or 33.1 percent were
minority lawyers, an all-time high for the
association. Of the minority appointees,
44.2 percent were minority women, an
increase of 3.1 percent from last year, and
the first increase in three years.
The association’s Board of Governors,
composed of 37 elected representatives
from a variety of constituencies, includes
six African American and two Hispanic
lawyers, two more minorities than last year.
Although the composition of the board
changes each year and there have been
members of other ethnic or racial minority
groups in prior years, the commission is
“concerned” that there are so few Hispanic
and no Asian American or Native
American lawyers on the board at this
time, according to the report. It described
as “disturbing” that only six members
of the 67-lawyer nominating committee
that selects ABA leaders are racial or
ethnic minorities.
Of the association’s 28 sections and
divisions, only 15 have elected minority
lawyers to serve in primary leadership
positions, a four-year low. Among ABA
forums, the number of minorities in
leadership roles increased, with four of the
six forums reporting an increase in racial
and ethnic diversity.
The report urges the leaders of sections,
divisions and forums that report little
or no minority participation in their
leadership work to cultivate increased
future minority leadership, and recommends that the future leaders of the ABA
educate themselves about issues of racial
and ethnic diversity in the profession.
The American Bar Association
Commission on Racial and Ethnic
Diversity in the Profession is a catalyst to
change the legal profession to reflect the
society it serves. It helps racially and
ethnically diverse lawyers advance their
careers and standing in the profession.
Its leadership, programs and information
help the profession understand and
eliminate racism, bigotry and discrimination. The commission works to increase
racial and ethnic diversity in the legal
profession, and thus enrich it.
The American Bar Association is the
largest voluntary professional membership
association in the world. With more than
400,000 members, the ABA provides law
school accreditation, continuing legal
education, information about the law,
programs to assist lawyers and judges in
their work, and initiatives to improve the
legal system for the public.
Proposed legislation concerns the court -
Chief Justice updates BOG on budget outlook for year
By Chief Justice Louis A. Lavorato*
Today, I want to touch on a number of
subjects, including the budget outlook for
the next fiscal year, which begins July 1,
some pending legislation that affects the
courts, and some other topics that I think
are of interest to the Bar.
FY 2005 Budget Outlook
Next fiscal year, the judicial branch will
need up to $5.6 million in new money just
to maintain the status quo.
This amount includes $1.6 million to
supplant salary adjustment money the governor transferred to us this fiscal year, $1.8
million for raises for contract employees,
and another $2.2 million for raises for
non-contract employees and judges if the
legislature and governor approve them.
Past Budget Cuts
Next fiscal year may turn out to be our
toughest year yet. Over the past three years,
the judicial branch has sustained a $9.5
million reduction to its budget.
To handle these cuts, we’ve reduced our
workforce by nearly 11 percent, drastically
cut travel, supplies, and education and
training programs, and imposed other
stringent measures. If we’re forced to make
further cuts, I don’t know what they’ll be,
but they won’t be pretty.
We’re following the situation closely, and
making our case with legislative leaders
every chance we get. We appreciate the
many demands they have before them, but
trust they’ll respond to the needs of the
judicial branch.
Fiscal Impact of Legislation
One of the easiest ways the legislature
could help us cope with the current
financial crisis is to quit piling on more
responsibilities for the courts.
Legislation, though well-intentioned,
almost always adds to our workload,
and adding responsibilities without
commensurate resources sometimes makes
for poor results. As we do every year, we’re
closely following legislation for any impact
on the court system, and there are many
bills under consideration that would impact
the courts significantly.
Small Claims Jurisdictional Amount
A bill pending before the Iowa Senate
would increase the jurisdictional amount for
small claims cases from $5,000 to $8,000.
This would undoubtedly pile more work
on judges and clerks. Statistics over the years
show us that raising the small claims jurisdictional amount increases the number of
small claims cases without a corresponding
decrease in the number of regular civil cases.
Moreover, as the jurisdictional amount
climbs higher, the cases naturally become
more complicated and require longer
hearings. In addition, the bill provides
de novo review for small claims cases over
$5,000, which most certainly will result in
more appeals.
While we are not opposed to the idea of
raising the jurisdictional amount to reflect
increases in monetary values, it is not
prudent to do so now when our resources
are stretched to the limit. The Court
opposes the bill for this reason.
There are lots of other bills pending that
would require more hearings, create new
types of actions, and make more work for
clerks and juvenile court officers.
For instance, the tort reform bill moving
through the legislature creates new court
duties and hearings concerning workers
compensation and OSHA safety audits.
Another bill lifts the statute of limitations
for one year for sexual abuse cases.
There are several bills that would involve
the courts more on the issue of abortions.
And there are all sorts of bills creating new
civil and criminal actions.
I mention these bills not because we are
concerned about their substance, but as
examples of the countless ways in which
legislation can add to the administrative
burden of the courts.
While we are always careful to provide a
fiscal impact statement outlining the potential fiscal impact of pending legislation, the
legislature usually ignores this information.
Questionable Plea Agreements
On occasion, we ask the legislature for
statutory changes to fix certain problems.
As you know, last week the Court
announced it had asked the General
Assembly to repeal all provisions in the
Code that allow donations to charities and
local anticrime organizations as sentencing
options.
As I’m sure you know, the court’s request
was in reaction to a series of reports by the
Des Moines Register about questionable
plea practices by some local officials.
The reports showed that the application
of the statutory provisions allowing
charitable donations as sentencing options
appears at best widely misunderstood, and
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THE
Packaging
IOWA LAWYER April 2004 11
at worst subject to systematic abuse by
some local officials.
While these provisions are wellintentioned, even their legitimate
application suggests favoritism, creating
an appearance of impropriety that can
undermine public confidence in the
impartiality of the judiciary and the
integrity of the state justice system.
For this reason, the situation warrants
nothing less than repeal of these provisions
along with an amendment that expressly
prohibits donations within the criminal
justice system in the future.
The Association of County Attorneys
has also called for the repeal of these
provisions.
I strongly urge the Bar Association to
join this effort.
In addition, the Court called upon the
Judicial Qualifications Commission, the
Committee on Professional Ethics and
Conduct, as well as the Prosecutorial
Standards and Conduct Committee of the
Iowa County Attorneys Association, to
promptly and thoroughly investigate and
effectively address any ethical violations
related to the practices mentioned in the
Register’s reports.
The Court has the utmost confidence
that the commission and committees will
perform their duties as required by law.
Ethics Office
By the way, I want to compliment the
ethics staff.
They’re a hardworking, dedicated group.
We added another lawyer to the ethics
office last year, and we have long-range
plans to hire another attorney along with
other staff.
This is one of the reasons why the Court
raised the fee that supports the office from
$85 to $125.
We realize this was a sizable increase, but
the ethics office must expand to keep up
with the growing number of complaints and
investigations, and at the same time reduce
the amount of time it takes to resolve complaints something we wish to see happen.
Also, the size of the increase reflects the
Court’s desire not to have to re-visit the
amount of the fee annually.
You’ll note this is the first increase in the
fee since its inception 10 years ago.
Hopefully, it will be another 10 years before
we see another increase.
On a related matter, I’d like to give you a
heads-up on the status of the client security
fund. By rule, the net value of the fund
must remain above $600,000 on December
first of each year.
Last December, the fund came within an
eyelash of falling below the $600,000 figure.
This situation has been caused by decrease
interest income, the payout of large claims
in the past year, and some other large
claims that remain pending.
While we continue to monitor the
situation, I cannot rule out the possibility
of a special assessment for that fund within
the next couple of years.
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12
THE
IOWA LAWYER April 2004
Model Rules
The Court is continuing to plow
through the model rules of professional
responsibility. We plan to have the rules
ready for comment this summer.
Judicial Building
I would like to shift gears and mention
the new judicial branch building. In a few
weeks, we’ll mark the first year in the building, and it is not only a wonderful place to
work, it is also a great asset for the state.
Our conference center, which includes
two nicely sized conference rooms and a
small auditorium, has been heavily used
in the past year by numerous court
committees, boards, and commissions,
as well as many state agencies.
I’m proud to add that last fall we hosted
the dedication ceremony of the American
Judicature Society in the new building.
Soon the building will be the location for
the Bar’s state mock trial finals and later a
national college moot court competition.
Some of our judges and staff have been
very busy giving tours of the building to
visiting groups of school children from all
over Iowa, and teaching the children about
the court system.
Law Day
On Saturday, May 1, we’ll sponsor a
public open house as part of our Law Day
celebration.
Last year, nearly one thousand people
visited the building during our open house.
Like last year, justices will be available to
answer questions from visitors.
I encourage you all to come that day, and
bring your families and friends.
During the week of May third, which is
our court week, we plan to broadcast at
least one set of oral arguments to high
school classes over the ICN. About 500
students from 25 schools watched when we
did this last year.
I want to mention that John Wheeler,
the director of your law-related education
program, was immensely helpful with this
project last year. We hope we can count on
his expertise again this year.
Conclusion
May [20-22] is also the month of the
annual bench bar conference. Court
members are looking forward to that event.
*Delivered at Board of Governors
meeting the morning of March 2, 2004, at
the Marriott Hotel, West Des Moines.
Calkins honored for his vision bringing students into
the real world of lawyering
By Brad Bloch
Richard “Dick”
Calkins
On February 16, 1985, three
extraordinary men founded the American
Mock Trial Association.
In 1982, Richard “Dick” Calkins, then
Dean of the Drake Law School, met over
lunch with two of his senior alumni
advisors, Gene Reifsnider and Dan
Stamatelos. The three developed an idea
that Drake Law would broaden its impact
in the community by bringing mock trial
to the masses.
In 1983, Drake Law joined forced with
the Iowa Supreme Court and the Young
Lawyers’ Division of The Iowa State Bar
Association to introduce Iowa’s first high
school mock trial tournament. With 64
teams from all over the state, Iowa had the
largest first-year high school field in
the nation.
Within the year, entries soared to over
100 high schools, regional competitions
were established, and the “high school
bar” worked hard, hoping to be among
the 24 teams who would try their cases for
the state championship in Des Moines.
In 1984, Calkins, Reifsnider, and
Stamatelos knocked again on the doors
of Iowa practitioners to ask: could they
“spare a weekend to judge mock trial
again?” The third tournament of the
season was the All-State High School
Invitational. West Des Moines Valley and
Central Community of Elkader competed
with champions from Illinois, Minnesota,
Nebraska, and Wisconsin.
When two junior high teams entered
the 1984 mock trial competition, and one
of them reached the “Des Moines 24,”
Calkins, Reifsnider, and Stamatelos
decided to invite six junior high schools
to a “mini-tournament.” Was the mock
trial program too sophisticated for this
age group? The question was answered
faster than the Hawkeye blinks: 24 junior
high school teams make the tournament
no “mini”!
The signature event in two years of
innovative programming was introduced
on February 16, 1985. These three
extraordinary men and their growing
army of friends produced the first
THE
IOWA LAWYER April 2004 13
National Intercollegiate Mock Trial
Tournament. Dick Calkins has talked often
of the humble beginnings: “eight schools
and 12 teams.” But when a time capsule
of mock trial history happened to be
discovered in August 2001 in Calkins’
attic, memories were abandoned and
contemporaneous documents established
an even humbler start: five Iowa schools
joined with three Illinois campuses for
only a ten-team field.
In October, 1986, Calkins authored an
article in the law school newspaper that
began, “...not many people in Iowa know
that Drake University Law School is the
national center for mock trial competition.” He added as to the college national
tournament, “Our goal is to build this
national tournament, which is the only
one of its kind in the nation, into a
Drake Relays.”
And there can be no doubt that Dick’s
goal of “a Drake Relays” of mock trial has
been achieved for undergraduates. AMTA,
the NCAA of college mock trial, and
always headquartered in State Center,
Midlands (better known as Des Moines),
now sanctions nearly 60 events a season.
Most are invitational events scheduled all
over the nation and available almost
weekly from mid-October through the
end of January.
Double-digit growth in new
programs and more teams has
become the annual habit. For
the 2003-2004 academic year,
the numbers are 267 colleges
and universities, fielding 507
teams, from 39 states and the
District of Columbia. AMTA has
had programs on 407
campuses over the years. There
are 100 campuses nationwide
with 10 or more years of
mock trial education
under their belts.
AMTA is holding 19 regional qualifier
tournaments this season. Each qualifier
is stuffed with teams all dreaming “to
make Des Moines.” However, there are
sometimes qualifier teams with six wins,
a loss, and a tie who just miss their
Des Moines dream. So AMTA now
schedules “second-chance” Nationals in
March, with 48-team fields in Saint
Petersburg, FL and Richmond, KY. Each
advances its top four finishers to complete
the elite 64-team Des Moines AMTA
Championship Tournament field.
AMTA’s motto is “In mock trial,
14
THE
IOWA LAWYER April 2004
everyone’s a winner!” Dick himself has
uttered the phase so many times that
most attribute the motto to him. Not so
according to his time capsule! Dick’s
October 1986 memoir included the
comments of Chief Justice W. Ward
Reynoldson addressed to the awards
banquet of the All-State Invitational of
1984: “Although it is fun to walk away with
a state or national championship, the
mock trial tournaments are unique for
one reason: everyone wins, there are no
losers. Any student who will stick with his
or her team through all the practices and
the tournaments themselves comes out a
winner because they learned something
about our legal system of which few adults
have any knowledge. And they walk away a
stronger and more confident person
because of the training they received.”
The plain fact is that praise for Dick
Calkins is inherently praise for the
enormous volunteer contributions of Iowa
bar members that have permitted Calkins’
seed corn to reach harvest.
AMTA’s awards have a distinctly Iowa
gloss. The Calkins Award (given to the
national tournament’s champion) has
traveled 17 times, but only to six states and
the District of Columbia. It rested in Iowa
celebrating Drake’s championship in 1993,
and rests now in Iowa City, in honor of the
University of Iowa team’s back-to-back
championships.
The Chief Justice Charles M. Mason
Award, with an engraved tribute to the
contributions of the Iowa Bar, was
presented to Gold Flight champions,
and has symbolized the achievement of
National Division Champions since 1995.
The Chief Justice W. Ward Reynoldson
Award has been presented to 74 college
coaches who have guided their teams to
the AMTA National Championship Final
Trial. “The Chief” has never missed a
National. He has presented the award
named in his honor to Iowa practitioners
Nan Horvat, Rob Tully, Patty Notch, Al
Olson, and Mary Lynn Neuhaus, as well as
six Hawkeye coaches still studying at the
University of Iowa College of Law.
The Congressman Neal Smith Award
has honored 17 since 1991 for their
extraordinary contributions to law-related
education. The first recipient was Dick
Calkins’ “right hand man,” AMTA
Vice-President Don Racheter of Central
College. Iowa lawyers have earned the
Smith Award three times: Mike Johnson in
1999, Dan Stamatelos in 2001, and Mary
Lynn Neuhaus in 2003.
Sixty Iowa Bar members have been
inducted into AMTA’s Judges Hall of
Fame since 1992.
Working with Dick Calkins, as The Iowa
State Bar Association is aware, is never a
matter of lacking new ideas. In 2000, Dick
realized his new dream for AMTA of
creating a competition in what seemed
to be the inherently non-competitive:
mediation. Drake Legal Clinic became the
site of the first two National Intercollegiate
Mediation tournaments. Dick also
organized the National Law School
Mediation Tournament, beginning in 2002,
and is now becoming involved with
intercollegiate moot court as well.
To understand Dick, one must
appreciate his duality. He has always been
sincere in tempering competitive intensity
(“It’s not about winning, it’s about
growing. Everyone’s a winner! Everyone
grows!”), yet some say he is nuts about
more awards. Perhaps the message most
important to share is that each AMTA
mock trial tournament extends a most
impressive plaque cherished by its
recipients nearly as much as the Calkins
Award. It is the Team Spirit of AMTA
Award, which recognizes the team that
best exemplifies AMTA’s objectives: civility,
justice, and fair play.
Dick’s time capsule tells us that, at the
second national tournament in 1986, Dick
Calkins recruited Drake Law alumnus
Robert Helmick, president of the United
States Olympic Committee, to keynote the
Awards Banquet. Helmick challenged the
fledgling “mockers” to learn to contest and
debate, to know what’s right without the
rules, and to take responsibility for one’s
personal actions.
As Dick Calkins moves to President
Emeritus status in the American Mock
Trial Association, we think he’ll put his
feet up, rest a moment, and hopefully
realize that for tens of thousands of
mock trialers, mock mediators, and
their practitioner judges, the Helmick
challenge has been met.
*Brad Bloch has coached
University of WisconsinMilwaukee mockers, coached
mock mediation as well
and taught law-related
communication courses since
Brad Bloch
1987. He received his BA from
UW- M in 1973 and the J.D.
from Cumberland in 1978. He has practiced
criminal defense for 25 years with his principal
office in Waukesha, Wisconsin. He has served
on AMTA’s board since 1989 and has been
AMTA’s National Tournament Director since
1992. Contact him at [email protected]
MEDIATION
ARBITRATION
GROUP FACILITATION
Roger L. Carter
LL.M. in Dispute Resolution
University of Missouri-Columbia
· 24 years as a practicing attorney
· Over 400 mediations
· Reasonable rates
· No charge for travel within Iowa
1-800-808-9630
THE
IOWA LAWYER April 2004 15
Iowa at the forefront of protecting biotechnology
By Christine Lebron-Dykeman
Iowa is one of the nation’s leaders in
agricultural technology. It seems only
fitting, then, that two major legal
developments relating to protection of
agricultural biotechnology and more
particularly, germplasm, have stemmed
from Iowa. The development of
intellectual property law with respect to
protection of plants and plant varieties
owes a large part of its heritage to the
courts of Iowa.
In 1998, Pioneer Hi-Bred International,
Inc., an Iowa corporation, the world’s
largest researcher and producer of hybrid
and inbred seed corn varieties, filed
litigation asserting patent infringement
against a group of unlicensed resellers
including J.E.M. Ag Supply, Inc., et al.
The claim was based on the activities of
the defendants, none of whom were
authorized Pioneer sales representatives,
but purchased patented Pioneer® brand
seed and resold it to other entities
violating the express restrictions written
on the Pioneer bag and corresponding
bag tag. Pioneer asserted that resale of its
unopened bag of seeds infringed on the
company’s exclusive patent rights.
The defendants in the action first
attempted to avoid liability by arguing that
Pioneer’s inbred and hybrid seed corn
plants were not patentable subject matter
under the United States patent laws.
Essentially, they argued that plants were
only protectable under the Plant Variety
Protection Act (PVPA). In December,
2001, the United States Supreme Court in
Pioneer Hi-Bred International, Inc. v. J.E.M.
Ag Supply, Inc., et al., ruled in favor of
Pioneer that plants, like any other
invention, are entitled to the benefit of
the regular patent laws. As a result of this
ruling, biotechnology inventors now have
a choice; they can protect their interests
through the PVPA, patents, and/or
trade secrets.
Most recently, in a continuation of this
same case, Chief Judge Mark W. Bennett
for the Northern District Court of Iowa
held that biotechnology owners can
protect their patented inventions, through
the use of a “limited label license” or “seed
wrap license” printed on the seed bag.
Specifically, by ruling in favor of Pioneer
on summary judgment, Judge Bennett
held that as a matter of law, the limited
label license was a reasonable field of use
restriction. Further, because the limited
label license clearly provided constructive
notice to the defendant of the limited
rights obtained by a purchaser, the Court
held, as a matter of law that the defendant
“infringed Pioneer’s patent rights by
reselling Pioneer® brand seed corn in
violation of the terms of the ‘limited
label license.’”
Judge Bennett’s decision, which follows
along the lines of the shrink wrap license
cases in the computer software industry
recognizes the fact that biotechnology, is
distinctive in that it involves inventions
which incorporate life forms uniquely
capable of self-duplication. The decision
recognizes that because of the great costs,
in terms of both time and money, it is
important that these inventions, once
patented, are adequately protected.
These dramatic legal developments and
their implications on the basic forms of
intellectual property protections for
germplasm technology will be further
discussed by Edmund J. Sease, Heidi
Nebel, Christine Lebrón-Dykeman,
attorneys from the Des Moines-based
firm of McKee Voorhees & Sease, at one
of the largest agricultural biotechnology
conferences to be held in the Midwest.
Scheduled for April 8-10 at the University
of Illinois Champaign-Urbana, “Seeds of
Change: Intellectual Property Protection for
Agricultural Biotechnology” will bring
together hundreds of specialists from
all over the world. The purpose of the
conference is to explore the role of
intellectual property protection for
genetically modified organisms, the
economics of the industry and the
issues that other countries face with this
expanding technology.
Christine
LebronDykeman
16
THE
IOWA LAWYER April 2004
*Christine Lebron-Dykeman is
an associate attorney with the
Des Moines-based firm of McKee,
Voorhees & Sease PLC. Her
practice focuses primarily
on litigation of intellectual
property issues and trademark
prosecution.
2004 ISBA CLE Calendar
Mark your calendars now for the following seminars that will be offered by The Iowa State Bar Association this year!
April
21
22
29-30
Worker’s Compensation Seminar
Juvenile Law Seminar
Criminal Law Seminar
Ames, The Hotel Gateway
Des Moines, Hotel Fort Des Moines
West Des Moines, West Des Moines Marriott
Bridge the Gap Seminar
Marsh/Seabury Spring Ethics Seminar
Understanding Iowa Local Government Financing
Marsh/Seabury Spring Ethics Seminar
Marsh/Seabury Spring Ethics Seminar
Marsh/Seabury Spring Ethics Seminar
Bench-Bar Conference
Des Moines, Downtown Marriott Hotel
Sioux City, Convention Center
Telephone CLE
Des Moines, Clarion Hotel on Hickman
Cedar Rapids, Collins Plaza Hotel
Davenport, Radisson Quad City Plaza
Okoboji, The Inn Conference Center
Commercial & Bankruptcy Seminar
Annual Meeting
Cedar Rapids, Clarion Hotel
Des Moines, Downtown Marriott Hotel
General Practice CLE/Golf
Polk City, Tournament Club of Iowa
YLD Summer Seminar
Okoboji, The Inn
ABA/YLD Midwest Regional Conference
Labor & Employment Law Seminar
Des Moines, Downtown Marriott Hotel
West Des Moines, West Des Moines Marriott
Family Law Seminar
Environmental Law Seminar
West Des Moines, West Des Moines Marriott
Des Moines, Four Points Sheraton (Airport)
Tax School
Federal Practice Seminar
Des Moines, Downtown Marriott Hotel
Des Moines, Downtown Marriott Hotel
May
6-7
11
12
12
13
14
20-22
June
4
16-18
July
12
August
13-14
September
16-18
24
October
21-22
28
December
8-10
17
ISBA Online CLE Seminars:
Health Law
Employment Issues in the Health Care Workplace #21417
Alternative Dispute Resolution (ADR)
Immigration Law
Immigration Law: Advanced Issues Part 1 #21424
Immigration Law: Advanced Issues Part II #21425
Immigration Law: The Essentials Part 1 #21426
Immigration Law: The Essentials Part II #21427
How to Get the Best Results in Mediation #21423
Bankruptcy
Attorney’s Relationship Client/Case & Court #21413
Post Confirmation Issues/Creative Motions #21437
Preferences and Fraudulent Conveyances Update #21439
Ineffective Assistance of Counsel #19610
Intellectual Property
Copyright Update/Copyright Law #21415
Inventorship/Patent & Trademark Investigation #21428
Intellectual Property —Patent, Trademark/Copyright Law #17320
Patent Law Update/Festo/Johnson & Johnston #21434
Personal Jurisdiction/Venue & Service in Cyberspace #21435
PTO’s Strategic Plan & Fee Bill/Use of Others’ Trademarks #21442
Trade Dress and Beyond #21443
Trademark Update, Including Dilution/Privacy Issues #21444
Why Business Owners Should Fear the U.S. Patent System #21445
Employment Law
Employment Issues in the Health Care Workplace #21417
Law Practice Management
Case and Client Selection #19607
Ethics
Current Developments in Legal Ethics #21408
Probate & Estate Planning
Fundamentals of Generation-Skipping Tax #21421
Medicaid Planning #19608
Overview of Special Issues in the Valuation of Entities #19612
Business Law
Fair Debt Collection/Identity Debt & Account Fraud #21420
Updated Model Business Corporation Act #19611
Criminal Law
Criminal Liability for Corporations/Executives/Employees #21409
Family Law
Children in Court #19609
THE
IOWA LAWYER April 2004 17
Taxation
Split Dollar Arrangements After Notice 2002-8/Proposed Regulations #16950
Tax Issues for Sole Proprietorships #16961
Iowa Tax Cases and Rulings #16949
Transportation
Accident Scene Investigation/The Biomechanics Expert #21411
Trial & Litigation
A Guide to Success in Complex Litigation: Federal Tax Case #21410
A Potpourri of Trial Tips #19606
An Overview of a Commercial Trial #21412
Communicating with Jurors at Trial #21414
Digital Discovery #21416
Effective Direct Cross Examination #15690
Trial & Litigation continued
Electronic Evidence/Computer Forensics/Discovery Strategies #21436
Essential Trial Strategy Tips & Techniques in Civil Litigation #21419
Honing Deposition Skills—A Mock Demonstration #21422
Jury Selection after Enron #21429
Jury Selection, Opening Statement/Closing Defense Perspective #24130
Jury Selection/Opening Statement for the Plaintiff #15691
New Techniques for Jury Trials: Opening/Closing Statements #21431
New Techniques for Winning Jury Trials: Pretrial Preparation #21432
New Techniques for Winning Jury Trials: Voir Dire #21433
Pre-Trial Organization/Preparation/Technology in the Courtroom #21438
Working With Technical Experts/Forensic Electronic Discovery #21440
The Litigator’s Edge: Anatomy of a Trial/U.S. vs. Arthur Andersen #21441
CLE Guidelines for Telephone and Computer-Based CLE Seminars: The CLE Commission of the Iowa Supreme
Court states that attorneys who attend telephone or computer-based CLE activities must provide certain substantiation as a condition precedent to CLE credit in Iowa. Attorneys will need to attach a certificate of attendance/completion for a telephone or online
seminar to their annual CLE report at the close of the calendar year. Attorneys do not need to submit outline materials, confirmation of registration or other materials previously requested by the CLE Commission unless the seminar has not been prior approved. For information about any Iowa State Bar Association-sponsored event call 1-800-457-3729 or (515) 243-3179 or
visit our website: www.iowabar.org. You can register online by using VISA or MasterCard.
How to access an ISBA online seminar:
1) Go to www.iowabar.org
2) On left hand side of page scroll down to Continuing Legal
Education and click on General Information.
3) Click on Online Seminars.
4) Read CLE Commission Guidelines then scroll to bottom of
age and click on Continue to Online Seminars.
5) Seminars are listed under category topic. Select category then
choose seminar you wish to view. You can view a 2-3 minute
demonstration, click on more information or add to cart. If you
select “Add to Cart” you can set up a new account and proceed
with your seminar.
Noted Speaker &Author Jay Foonberg at ISBA Annual Meeting
June 16 & 17, 2004
Downtown Marriott Hotel, Des Moines
700 Grand Avenue
JAY FOONBERG will give two different presentations at the ISBA Annual Meeting in June. On Wednesday
afternoon, June 16th, Jay’s presentation will focus on closing a law practice and opening a law practice. Thursday
morning he will address trust accounts and other law practice management topics.
Mr. Foonberg currently serves in the ABA House of Delegates; he is on the Advisory Council for the ABA Commission on Evaluation of the Rules of Professional Conduct and he was a founder of the ABA Law Practice Management Section.
His book, How To Start and Build a Law Practice (4th edition), is the book that is most frequently stolen from
law libraries in the United States and it has earned $1 million for the ABA, and has been their best seller every
year since 1977. Mr. Foonberg is the author of three other books: How to Get and Keep Good Clients (2nd edition); Finding the Right Lawyer; and The ABA Guide to Lawyer Trust Accounts.
Registration materials will be mailed in mid-April or you can register on the website at www.iowabar.org.
18
THE
IOWA LAWYER April 2004
www.iowabar.org
2004 Spring IOWADOCS ® Class
For Lawyers and Office Staff
April Dates:
Tuesday, April 13, 2004
The Inn at Okoboji
3301 Lakeshore Drive
Okoboji, Iowa
(afternoon program)
Wednesday, April 14, 2004
Sioux City Plaza Hotel
707 Fourth Street
Sioux City, Iowa
(morning program)
Tuesday, April 27, 2004
Quality Inn & Suites
2525 North Dodge Street
Iowa City, Iowa
(afternoon program)
Thursday, April 29, 2004
Indian Hills Community College
525 Grandview Ave.
Bennett Student Services Center, Rm100
Ottumwa, Iowa
(afternoon program)
Wednesday, May 12, 2004
Super 8 Oelwein
210 10th St.
Oelwein, Iowa
(morning program*)
Tuesday, May 25, 2004
Super 8 Motel Creston
804 W. Taylor, Jct 34 and state 25
Creston, Iowa
(afternoon program)
Wednesday, May 26 2004
Holiday Inn Hotel & Suites
2202 River Road
Council Bluffs, Iowa
(morning program)
May Dates:
Tuesday, May 11, 2004
Holiday Inn Mason City
2101 4th St. SW HWY 122
Mason City, Iowa
(afternoon program)
Based on demand, if we fill up
seating for the morning program in
Oelwein, we may offer another
class in the afternoon of
Wednesday, May 12 from
1:30-4:00 p.m. You will
be notified by e-mail if
another class is offered.
Based on demand, if we fill up
seating for the morning program in
Council Bluffs, we may offer
another class in the afternoon of
Wednesday, May 26 from 1:00pm3:45 p.m. You will be notified by
e-mail if another class is offered.
We are taking IOWADOCS® on the road. If you are thinking about buying IOWADOCS® or wanting to review the
enhancements of IOWADOCS® Version 6.1, this is your opportunity to see it in use. Outlines are included in the
registration fee.
General Overview of Program
Saving Forms
Adding Text to Bordered Forms
Import/Export Text
Adding Miscellaneous Characters
Editing Filled Forms
Printing Forms
IOWADOCS® website review
Form updates on-line
Customize IOWADOCS®
Extensive question and answer period. We will also have IOWADOCS® Version 6.1 available for purchase at each
location.
Program Agenda
Morning Program
9:00 am - 9:15 am
9:15 am - 11:45 am
Registration
Program
*Oelwein registration will start at 9:15am-9:30am. Class
will run from 9:30am to 12:00pm
Afternoon Program
1:00 pm -1:15 pm
1:15 pm - 3:45 pm
Registration
Program
Please pre-register!
Seating is limited, sign up early
---------------------------------------------------------------------------------
Registration Form: 2004 Spring IOWADOCS® Classes
Please print or type the following:
1st Attendee
Firm Name: ________________________________
2nd
Address: ___________________________________
3rd
City/State/Zip: ______________________________
4th
Telephone #: _______________________________
E-mail: ____________________________________
Registration Fees:
First Attendee
$45.00
Additional Attendee(s)
Total Enclosed:
$25.00
$ ____________
Method of Payment:
Check enclosed
MasterCard
Visa
Credit Card #:_________________________ Exp. Date: ______
Cardholder Signature: _________________________________
Please check the seminar you are attending:
April 13, Okoboji
1:15pm-3:45 pm
April 14, Sioux City
9:15am-11:45 am
April 27, Iowa City
1:15pm-3:45 pm
April 29, Ottumwa
1:15pm-3:45 pm
May 11, Mason City
1:15pm-3:45 pm
May 12, Oelwein
9:30am-12:00 pm
May 25, Creston
1:15pm-3:45 pm
May 26, Council Bluffs
9:15am-11:45 am
For Des Moines classes please cont act the Bar Office or
visit www.iowabar.org/iowadocs.nsf
Return Registration form by 4/10/04 to: ISBA CLE, 521 E. Locust St., Fl. 3rd, Des Moines,
IA 50309-1939 or register online at www.iowabar.org. For questions call:
(515) 243-3179 or fax (515) 243-2511.
www.iowabar.org
IOWA LAWYER April 2004 19
THE
Iowa State Bar Association
Workers’ Comp Seminar
April 21, 2004
Program Agenda
Seminar Location:
Gateway Center
Us 30 & Elwood Drive, Ames
515-292-8600
Hotel Rooms: $89 single or
$99double
8:00
Registration
8:30
Occupational Disease Cases
Speaker to be announced
9:00
Practical Aspects of Computing the Rate
Sara Sersland
9:30
Heart Attack Cases
Aaron Oliver
10:00
Break
10:15
Impairment Ratings and Guides
From a physician and attorney perspective.
Dr. John Kuhnlein and
Chris Godfrey
11:15
Tips on Presenting Cases to the Commissioner’s Office
What they appreciate and what they dislike.
IWCC Deputy Stan McElderry
11:45
Litigating Hearing Loss Claims
James Peters
12:15
Lunch
1:15
The Importance of Appellate Advocacy Before the
District and Appellate Courts
Hon. Robert A. Hutchison,
Mark Soldat
2:00
Industrial Disability Panel
Janece Valentine, Valerie Landis,
and Matt Dake
2:45
Break
3:00
Primer on Medical Terminology
Dr. Mathew Weresh
3:30
Penalties and How to Avoid Them
Mindi Vervaecke
4:00
Adjourn
Continuing Legal Education: Application has been made and approval is pending for 6 hours State CLE Credit.
Directions: From Interstate 35, Exit 111B (U.S. 30), four miles west to Exit 146, south on Elwood Drive, west on Green Hills
Drive. For more information visit the hotel’s website: thehotelatgatewaycenter.com.
---------------------------------------------------------------------------------
Registration Form: Workers’ Compensation Seminar
April 21, 2004
Name : _______________________________________________________ Member # ____________________
Address: ____________________________________________________________________________________
Advance Registration Fee:
(lunch is included in registration fee)
Work Comp Section Member: $125.00
ISBA Member: $135.00
Non-Member: $185.00
Method of Payment:
Check enclosed
MasterCard
Visa
Credit Card #:_________________________ Exp. Date: ______ Cardholder Signature: _________________________________
Return Registration form by 4/15/04 to: ISBA CLE, 521 E. Locust St., Fl. 3rd, Des Moines, IA 50309-1939
or register online at www.iowabar.org. For questions call: (515) 243-3179 or fax (515) 243-2511
20
THE
IOWA LAWYER April 2004
Seminar Location:
Hotel Fort Des Moines
1000 Walnut, Des Moines
515-243-1161
Hotel Rooms: $89 single or double
ISBA Juvenile Law Seminar
April 22, 2004
Program Agenda
8:00
Registration
(F)
8:30
9:30
Avoiding Disasters—ICWA and Iowa ICWA
Speaker to be announced
Yes, Virginia, There are Rules of Evidence and Procedure
in Juvenile Court
Hon. Larry Eisenhauer, Des Moines
10:00
Break
10:15
What’s a GAL to do? (Duties and Responsibilities
of Guardian Ad Litems)
Hon. John Mullen and Panel of GALs
11:15
For Whom the Clock Ticks (Permanency and Termination
Issues in Cina Cases)
Hon. Alan Allbee, West Union
12:15
Lunch (included in registration fee)
12:45
Map for the Future (Model Court and Child Welfare
Initiatives Update)
Jerry Foxhoven and Gail Barber
Des Moines
Growing Up in Juvenile Court (Child Development Issues
in Juvenile Court)
1:15
2:15
Kelly Hill-Hunt, Des Moines
Dr. David Barden, Cedar Rapids
Break
Avoiding Judicial and Attorney Ethical Pitfalls
(The Job You Save May Be Your Own)
Hon. Douglas Johnson, Omaha
3:30
What’s New in the Neighborhood? (Case Law Update)
Hon. James Weaver, Muscatine
4:30
Adjourn
2:30
(E)
Continuing Legal Education: Application has been made and approval is pending for 7 hours State Continuing Legal Education
Credit of which 1 hour is Federal and 1 hour is Ethics. E = Ethics CLE and F = Federal CLE
Parking: Parking is available in the 10th Street parking ramp across the street from the hotel. There is also a new 3,000 space
Allied Insurance parking garage immediately west of the hotel with access through the skywalk system to the hotel.
---------------------------------------------------------------------------------
Registration Form: Juvenile Law Seminar
April 22, 2004
Name : _______________________________________________________ Member # ____________________
Address:
____________________________________________________________________________________
Advance Registration Fee:
(lunch is included in registration fee)
Family Law Section Member: $85.00
ISBA Member Judge: $55.00
ISBA Member: $100.00
Law Student: $10
Non-Member: $160.00
Method of Payment:
Check enclosed
MasterCard
Visa
Credit Card #:_________________________ Exp. Date: ______ Cardholder Signature: _________________________________
Return Registration form by 4/15/04 to: ISBA CLE, 521 E. Locust St., Fl. 3rd, Des Moines, IA 50309-1939
THE
IOWA LAWYER April 2004 21
ISBA Criminal Law Seminar
Program Agenda
April 29 & 30, 2004
Seminar Location/Hotel Rooms:
West Des Moines Marri tt Hotel
1250 74th Street, West Des Moines Des Moines
515– 267-1500 or www.marriott.com
Sleeping room rate: $99.00 single or double
Thursday, April 29
8:00
Registration Opens
8:30
Federal Weapons Issues (1 hr. Federal)
Nicholas Drees, Assist. Federal Public Defender
9:30
Ethics (1 hr. Ethics)
Speaker to be announced
10:3
Break
10:45
State/Federal Case Law (1/2 hr. Federal)
11:45
Lunch
12:45
Appellate Advocacy Panel
U.S. Supreme Court Iowa v. Tovar case
Thomas G. Becker, Richard Winders,
Theresa Wilson, and Paul Rosenber
1:45
Search and Seizures
Hon. Michael J. Newmeister
2:45
Break
3:00-4:00
Search and Seizures continued
John Burns, Assist. Federal Public Defender
Hon. Michael J. Newmeister
Friday, April 30
7:45
Registration Opens
8:00
Admissions/Confessions (1/2 hr. Federal)
Bell Co-Conspirators/Federal Hearsay
Bruton Co-Conspirators/State Admissions
Speaker to be announced
9:00
Immigration Law/Deportation (1 hr. Federal)
10:00
Break
Speaker to be announced
10:15
Jury Selection
Alfred Willett
11:00-12:30
Cross-Examination
Mark Weinhardt
Continuing Legal Education
Application has been made and approval is pending for 10.25
State CLE including 1 hour Ethics CLE and 3 hours Federal CLE.
Attendees can also register online at
the ISBA website: www.iowabar.org
--------------------------------------------------------------- ---------------------
Registration Form: Criminal Law Seminar
April 29 & 30, 2004
Name : _______________________________________________________ Member # ____________________
Address: ____________________________________________________________________________________
Advance Registration:
ISBA Members:
Criminal Law Section Member
ISBA Member
Non ISBA Members:
$135.00
$150.00
$170.00
$ _________
$ _________
$ _________
(Lunch is included in registration fee)
Method of Payment:
Check enclosed
Credit Card #:_________________________ Exp. Date: ______
MasterCard
Visa
TOTAL DUE: $________
Cardholder Signature: _________________________________
Return Registration form by 4/10/04 to: ISBA CLE, 521 E. Locust St., Fl. 3rd, Des Moines, IA 50309-1939
or register online at www.iowabar.org. For questions call: (515) 243-3179 or fax (515) 243-2511
22
THE
IOWA LAWYER April 2004
Bridge the Gap “Goes to the Movies”
Program Agenda
May 6 & 7, 2004
Thursday, May 6
7:00
Registration Opens (3rd Floor Marriott Exhibit Hall)
8:00
Legislative Update
Robert M. Hogg, State Rep.
“Oh come on guys, it’s so simple maybe you needs refresher course. HEY! It’s all ball bearings these days.”
8:30
Punitive Damages
Gregory F. Greiner
“Take out your calculator, multiply that number by 100—anything less than that is a waste of our time.”
9:00
E-mail Ethics (1/2 hr. Ethics)
“You’ve got mail? Those are very powerful words.”
John F. Fatino
9:30
Work Comp
“It’s only a flesh wound.”
Janece M. Valentine
10:15
Break
10:30
Charitable Planning (1/2 hr. Federal)
“I’ve always had a soft spot in my heart for artists, painters, writers and inventors...”
David T. Hayes
11:00
Commitments
“Sell crazy someplace else, we’re all stocked up here.”
Douglas R. Smalley
11:30
Depositions
“Stop typing, this is off the record.”
Sharon Soorholtz Greer
12:00
Lunch
1:00
Federal Case Law Update (1 hr. Federal)
“Honey, it ain’t armed robbery if the gun isn’t loaded.”
Hon. Ross A. Walters
2:00
Ethical Considerations/Dissolutions (1/2 hr. Ethics)
“Take me to bed or lose me forever.”
Anjela A. Shutts
2:30
DOT Hearings
“Dong—where is my automobile?”
David J. Stein, Jr.
3:00
Break
3:15
Evidence—Prior Bad Acts/Habit
“Stupid is as stupid does.”
Hon. Stephen P. Carroll
4:00
Quiet Title
“That’s all of Tara you’ll ever get.”
Dan A. Moore
4:30
Oral Arguments
“And the truth shall set you free...
Hon. Larry J. Eisenhauer
Friday, May 7
7:00
Registration Opens (3rd Floor Marriott Exhibit Hall)
8:00
Federal Sentencing Guidelines
“Do you do drugs Danny?”
8:45
Preservation of Error
“I strenuously object.”
Hon. James M. Drew
9:15
General Employment Law
“I don’t want to sell anything, buy anything or process anything as a ca
Randall D. Armentrout
10:00
Break
10:15
Products Liability
“This is a new silicon-based kitchen lubricant my company’s been working on.”
(3/4 hr. Federal)
Hon. Linda R. Reade
Patrick M. Roby
THE
IOWA LAWYER April 2004 23
Registration & Exhibits:
Seminar Location & Hotel Rooms:
Registration will be held in the Exhibit Hall, 3rd
Floor of the Downtown Marriott Hotel. Plan to
spend your break times in the exhibit hall visiting
vendors showcasing their products & services.
Downtown Marriott Hotel
700 Grand Avenue, Des Moines, Iowa
515-245-5500 or www.marriott.com
Sleeping room rate: $116 single or double
11:00
Litigation/Will Contest
“I’m now old and one day you too are going to be old...and then you will die.”
Paul P. Morf
11:30
Medicaid Estate Recovery
“He’s only mostly dead.”
Benjamin C. Chatman
12:00
Lunch
1:00
State Case Law Update
“Buehler?...Buehler?...anyone?”
Paul B. Ahlers
1:45
HIPAA (1/2 hr. Federal)
“Did you eat a lot of paint chips when you were a kid?”
Gilda L. Boyer
2:15
Juvenile Law Primer
“It is possible the two yutes...”
Hon. Patrick R. Grady
2:45
Bankruptcy (1/2 hr. Federal)
“I want my two dollars!”
Thomas L. Flynn
3:15
Break
3:30
Forfeitures (State and Federal) (1/4 hr. Federal)
“They’re taking all our stuff, even the things we didn’t steal.”
4:00
Ethics Panel (1 hr. Ethics)
“We’re on a Mission from God.”
Martin J. McLaughlin
Hon. Larry J. Eisenhauer, Hon. J.C. Irvin
Hon. David M. Remley & Hon. Michael J. Streit
Continuing Legal Education
Application has been made and approval is pending for 15 State
CLE including 2 hours Ethics CLE and 3.5 hours Federal CLE.
Attendees can also register online at
the ISBA website: www.iowabar.org
-------------------------------------------------------------------------------------
Registration Form: Bridge the Gap
May 6 & 7, 2004
Name : _______________________________________________________ Member # _________________ ___
Address: ____________________________________________________________________________________
Advance Registration:
ISBA Members:
Admitted to practice after January 1, 1994
Admitted to practice prior to January 1, 1994
Non ISBA Members:
Para-professionals (Legal Assistants & Office Employees)
Law Students:
$160
$195
$275
$125
$25
$ _________
$ _________
$ _________
$ _________
$ _________
$10
$10
$ _________
$ _________
Lunch Fees (meals at Marriott Hotel) :
Thursday Lunch
Friday Lunch
Method of Payment:
Check enclosed
Credit Card #:_________________________ Exp. Date: ______
MasterCard
Visa
TOTAL DUE: $________
Cardholder Signature: _________________________________
Return Registration form by 4/30/04 to: ISBA CLE, 521 E. Locust St., Fl. 3rd, Des Moines, IA 50309-1939
or register online at www.iowabar.org. For questions call: (515) 243-3179 or fax (515) 243-2511
24
THE
IOWA LAWYER April 2004
Iowa State Bar Association
Spring Ethics Seminar
May 11-14, 2004
Program Agenda and Speaker Information
Registration and Materials Distribution (1/2 hour prior to seminar)
Welcome and Introductions
Update of Bar Association Activities, Dwight L. Dinkla, Executive Director of The Iowa State Bar Association
Avoiding the Three D’s: Discipline, Disgorgement of Fees and Damages Actions, Peter R. Jarvis
This two-hour presentation will focus on Conflicts and Conflicts Waivers in Business; Estate Planning and Litigation; The
Creation, Preservation and Waiver of Attorney-Client and Work Product Privilege; and Client Screening for Fun and Profit.
Peter R. Jarvis is a partner of Hinshaw & Culbertson’s Portland office. He received his B.A. in 1972 from Harvard University; M.A.
(Economics), J.D. Yale University; has been a member of the Oregon State Bar since 1976, the Washington State Bar since 1981; the
California State Bar since 2002 and the Alaska State Bar in 2003. Mr. Jarvis is a frequent writer and speaker on legal ethics issues, and
his practice includes advising attorneys with legal ethics questions and defending attorneys accused of legal ethics violations.
Seminar Locations:
Seating is limited so register early! Door registrations will be accepted only as space allows.
Sioux City
Des Moines (2 Sessions) Cedar Rapids
Davenport
Tuesday, May 11, 2004
1:30-4:00 p.m.
Convention Center
801 4th Street
Wednesday, May 12
8:30-11:00 a.m. or 1:30-4:00 p.m.
Clarion Hotel (Hickman)
11040 Hickman Rd., Clive
Friday, May 14
8:30-11:00 a.m.
Radisson Quad City Plaza
111 E. 2nd Street
Thursday, May 13
1:00-3:30 p.m.
Collins Plaza Hotel
1200 Collins Road, NE
Continuing Legal Education: Application has been made and approval is pending for 2 hours State CLE Credit including 2 hours of Ethics.
Sponsored by: The Iowa State Bar Association and Marsh Affinity Group Services
Premium Credit: If 50% or more of the firm’s attorneys attend this seminar, the firm is eligible to receive 5% off the next professional liability policy written through Marsh Affinity Group Services and Chicago Insurance Company. Credit can only be applied within the approved Iowa
Department of Insurance filing. Marsh cannot exceed the maximum filed credit.
Questions: For further information, contact Marsha Ratashak at Marsh Affinity Group Services at 515-365-4181 or 800-435-7094, ext. 54181.
---------------------------------------------------------------------------------
Registration Form: Spring Ethics Seminar
Name : _______________________________________________________ Member # ____________________
Address: ____________________________________________________________________________________
Advance Registration Fee:
(lunch is included in registration fee)
ISBA Member: $35.00
Location:
Non-Member: $50.00
(Please check location you will be attending)
Sioux City (May 11)
Des Moines (May 12- Morning)
Cedar Rapids (May 13
Davenport (May 14)
Method of Payment:
Check enclosed
MasterCard
Des Moines (May 12- Afternoon)
Visa
Credit Card #:_________________________ Exp. Date: ______ Cardholder Signature: _________________________________
Premium Credit Certificate:
Check here if 50% or more of your firm’s attorneys are attending
Return Registration form by 5/3/04 to: ISBA CLE, 521 E. Locust St., Fl. 3rd, Des Moines, IA 50309-1939
or register online at www.iowabar.org. For questions call: (515) 243-3179 or fax (515) 243-2511
THE
IOWA LAWYER April 2004 25
ISBA Telephone CLE
Understanding Iowa Local Government Financing
Wednesday, May 12, 2004
12:00-1:00 p.m. (Central Time)
The focus of this one hour telephone seminar is on understanding Iowa local government financing. The speakers will address
current issues in the legislature that affect local government funding. The seminar will be interactive and participants are
encouraged to ask questions and participate in the discussion.
Join our expert faculty…
Susan Judkins is Director of Governmental Affairs for the Iowa League of Cities. She oversees state legislative issues for the
League, which counts nearly 900 cities among its members. She previously worked with the Iowa Department of Economic
Development. She has extensive experience in the legal and banking fields and was a board member and later Executive
Director of the Warren County Economic Development Corporation.
Bruce Bergman has been City Attorney for the City of Des Moines, Iowa since 1996, and has been with the City Legal
Department since 1989. He is a Regional Vice President of the International Municipal Lawyers Association, and Vice
President of the Iowa Municipal Attorneys Association.
David D. Grossklaus is with the Des Moines Law Firm of Dorsey & Whitney, LLP. In addition to being a member of the
Iowa State Bar and Polk County Bar Associations, he is also a member of the Iowa Municipal Attorneys Association and
National Association of Bond Lawyers.
This one hour telephone CLE seminar is a quick, inexpensive and convenient way to receive CLE credit. Using ISBA’s
conference call service, you can be an interactive participant in a live CLE seminar and avoid the added expense of travel and
time away from your office. The seminar is delivered over the phone for reliable and clear sound quality. There are no special
equipment requirements or hook-ups, all you need is your touch-tone phone.
Register on the ISBA website at www.iowabar.org or by mail with the form below. Once you have
registered for the program, access instructions will be e-mailed to you a few days prior to the program. The instructions will
include a toll-free number to call on the day of the seminar and a special code number to access the call. Course materials will
be e-mailed at that time. In order to obtain CLE credit for this telephone seminar, the attorney will need to attach a certifi cate
of attendance/completion to their annual CLE report at the close of the calendar year. This certificate will be e-mailed to you
upon completion of the seminar. One (1) hour of State Continuing Legal Education Credit has been applied for.
---------------------------------------------------------------------------------------------------------------------------------------------------------
Understanding Iowa Local Government Financing—Telephone Seminar
Wednesday, May 12, 2004
12:00-1:00 p.m. (Central Time)
Name: ______________________________________________________
Member #: ________________
Address: ____________________________________________________________________________________
Registration Fees:
[
] $25 for ISBA Member
[
] $40 for Non-member
Program Materials: A few days prior to the seminar, the ISBA office will e-mail the program materials to you. This
allows us to keep the seminar fees reasonable. If you do not have e-mail capabilities, a copy of the outline will be mailed to
you prior to the seminar.
e-mail: ______________________________________________
[ ] Please mail me a copy of the program outline.
Method of Payment:
[ ] Check enclosed
[ ] MasterCard
[ ] VISA
Credit Card #: _______________________________Exp. Date: _________ Signature: ______________________________
Please return payment and registration by 5/5/04 to: ISBA, 521 E. Locust St., Fl. 3rd, Des Moines, IA 50309.
26
THE
IOWA LAWYER April 2004
TRANSITIONS
Timothy M. Feeney has become a shareholder
Kami M. Lang has joined Finley,
in McCarthy, Callas, Fuhr & Ellison, P.C. of Rock
Island, Illinois.
Alt, Smith, Scharnberg, Craig,
Hilmes & Gaffney,
P.C., of Des Moines as
an associate.
Timothy earned his Bachelor of Science from the
University of Iowa in 1989 and his law degree with
distinction from the university’s College of Law in
1992. He clerked for Chief U.S. Bankruptcy Judge
Lee M. Jackwig from 1993-1994.
He serves as member of the Supreme Court’s
Commission on the Unauthorized Practice of Law.
McCarthy, Callas, Fuhr & Ellison, P.C., is a Quad
City-based general practice firm of eight lawyers
serving clients throughout Iowa and Illinois.
Kami graduated magnum cum
laude from Loras College in 1999
and received her Juris Doctor
with highest honors from Drake University Law
School in 2002.
Kami M. Lang
joined Davis, Brown, Koehn,
Shors & Roberts, P.C., of
Des Moines as associates.
C. Jennifer
Peterson
Jennifer also is a 2003 University
of Iowa College of Law graduate
and earned her B.A. from Iowa in
1996. She practices in the firm’s
Litigation Division.
Jeff Stone
William F. Sueppel has become of counsel
to the firm.
Andrew B. Howe has been
Andrew B.
Howe
have joined Whitfield & Eddy P.L.C.
as members and Jeff Ewoldt as
an associate. All are practicing in
the firm’s new branch location in
West Des Moines.
John joined the firm as a
member and has been appointed
chairperson of the firm’s
Construction Law and Surety
Practice Group for 2004.
He received his B.A. from the
University of Iowa in 1972 and his
J.D. with high distinction from the
University of Iowa College of Law
in 1974.
of Meardon, Sueppel & Downer P.L.C. of
Iowa City.
Emily practices in the firm’s
Intellectual Property Department.
She earned a B.A. degree in
Biology from Grinnell in 1998 and
received her J.D. from the
University of Iowa College of Law
in 2003.
Emily E.
Harris
John A.
Templer, Jr.
She clerked for Judge Robert Mahan of the Iowa
Court of Appeals prior to joining the firm.
Dennis J. Mitchell has become a member
Emily E. Harris and
C. Jennifer Peterson have
John A. Templer, Jr.,
Jeff Stone, and Greg Naylor
He was a shareholder and
president of Pingel & Templer,
P.C. of West Des Moines and was
co-founder of the firm in 1987.
He spent 12 years with the
Davis Law Firm, where he was
a senior partner.
named a shareholder with
Hudson, Mallaney &
Jeff Ewoldt
Shindler, P.C., of West Des
Moines. Andrew focuses his
practice on appeals, family law,
and general civil litigation.
Jeff Stone has joined as a member. He received
his Bachelor of Science degree in construction
engineering from Iowa State University and worked
as a contractor and developer for 14 years. He
received his J.D. with honors from Drake University.
Andrew received his J.D. with high
distinction in 1996 from the University of Iowa
College of Law. He received his Bachelor of Arts
degree from Wartburg College in Waverly in 1993.
TRANSITIONS SUBMISSIONS
Copy deadline for Transitions is 30 days before the month of publication. Please follow the same
style published here and keep submissions short and to the point. For new hires and promotions,
the name of the law firm is not as important as the individual involved, so mention the lawyer
first. Always submit a photo of the subject. If it is to be digital, please use the “.jpg” format only.
Make all submissions in plain text or Microsoft Word “.doc” format via e-mail to
[email protected] and please do not expect late submissions to be published immediately.
We need at least a 30-day interval before publication. Include office phone number and name of
the person furnishing the copy. Submissions by U.S. Mail to Editor, The Iowa Lawyer, 521 East
Locust St., Flr. 3, Des Moines, Iowa 50309-1939, also are acceptable with the same requirement
for a 30-day lead time. Questions? Call Chuck at 515-243-3179. Thank you for your assistance.
N O T I C E
Jeff practices primarily in construction law. He is a
member of Master Builders of Iowa, Associated
General Contractors of Iowa, Mechanical Contractors
Association of Iowa, and American Bar Association
Forum on the Construction Industry.
Greg has joined the firm as a member and has been
appointed co-chairperson of the firm’s Labor and
Employment Law Practice Group for 2004.
Greg received his B.A. with distinction from the
University of Iowa in 1975 and his J.D. from Drake
University Law School in 1978.
OFFICE SPACE FOR LEASE
Bank of America Building
6th and Locust Street
Des Moines
UNAUTHORIZED PRACTICE OF
L AW V I O L AT I O N S
2,081-6,527 SF suites available,
including top floor
competitive lease rate
For information and to file a complaint, contact:
Mark Godwin, Chair – Commission on Unauthorized Practice of Law
400 East First Street • Des Moines, Iowa 50309
e-mail: [email protected]
CBRE/Hubbell Commercial
Todd Millang or Dan Connolly
224-4900
THE
IOWA LAWYER April 2004 27
TRANSITIONS
Greg was a shareholder of Pingel & Templer, P.C., in
West Des Moines. He is editor of the Iowa Employment
Law Newsletter published by M. Lee Smith Publishers.
Greg is a member of the Labor Council for the
Associated General Contractors of America and the
Labor and Employment sections of the Iowa and
American Bar Associations. He served as the Lecturer
on Labor and Employment Law for the Iowa State Bar
Review School, Inc. for several years.
Jeff Ewoldt has joined the law firm as an associate. He
received his J.D. with honors from Drake University Law
School in 2000. He graduated with distinction from Iowa
State University in 1993 with a B.S. in journalism and
mass communications.
William P. Laird has joined the Pastrnak Law Firm,
P.C., of Davenport and Moline as an associate.
William earned a Bachelor of Science and Juris Doctor
from Drake University and has been a practicing
attorney in the Quad City area for over 25 years. He is
licensed to practice law in Iowa and Illinois.
He has served as assistant state’s attorney, assistant
public defender, special Illinois Assistant public
defender, special Illinois assistant attorney general,
and Hillsdale, Illinois, village attorney.
Nathan D. Koch and Pope S. Yamada have both
joined the Phelan, Tucker, Mullen, Walker, Tucker &
Gelman, LLP law firm as associates. Nathan earned his
B.A. from University of Iowa in 1995, his J.D. from the
University of Iowa in 1998. Before joining the Firm he
practiced with Vedder Price in Chicago, Illinois.
Pope earned his B.S. from Wesleyan University in
1996, with honors and his J.D. from the University
of Iowa in 2003.
Corinne R. Butkowski has become a
Pastrnak Law Firm, P.C., has offices in Davenport
and Moline.
shareholder of Lynch Dallas, P.C. of Cedar Rapids.
Ms. Butkowski received her Bachelor of Science degree
from Mankato State University in 1985. She was a
Registered Nurse at the University of Iowa in the In Vitro
Fertilization Clinic before attending law school. Ms.
Butkowski obtained her Juris Doctor degree from the
University of Iowa and joined Lynch Dallas in 1997.
Jeff previously was associated with Pingel & Templer,
P.C., in West Des Moines.
TATE
AS
N
O
AS
SO
R
BA
IOW
Patrick J. O’Connell has become a
shareholder of Lynch Dallas, P.C. of Cedar Rapids.
Mr. O’Connell received his Bachelor of Arts degree from
Luther College in 1992 and his Juris Doctor degree from
the University of Iowa in 1995. He served as a Judge
Advocate in the U.S. Marine Corps from 1996 to 1999,
after which he entered private practice in Cedar Rapids.
Mr. O’Connell joined Lynch Dallas in 2001.
C I ATI
To reach the Consulting Counsel Assistance Hotline,
Contact Attorney Chris Green
Duncan,Green, Brown, Langeness & Eckley, P.C., Des Moines.
at 515-288-6440.
Business Valuations
and Litigation Support
Alan D. Ryerson
CPA /ABV, ASA
BUSINESS
CA P I TA L
C O R P O R AT I O N
Your True Strength.
6 6 6 Wa l n u t S t r e e t
S u i t e 15 0 8
Des Moines, Iowa 50309
515-282-8019
Fax 515-282-0325
w w w. b u s i n e s s c a p i t a l c o r p . c o m
28
THE
IOWA LAWYER April 2004
Gregory L. Weber
CPA /ABV, ASA
ISBA schedules a new Leadership
Development and Orientation Program
By Aaron T. Oliver, President – Young Lawyers Division
The Iowa State Bar
Association, in
conjunction with the ISBA
Young Lawyers Division
(YLD) and the ISBA
Women & Minorities
Committee, will offer
Aaron T. Oliver
their first Leadership
Development and
Orientation Program, which will be held on
Thursday, May 27, from 10 a.m. to 4 p.m. at
the West Des Moines Marriott in West
Des Moines. The program is free.
A multi-track program, it is designed for
all lawyers who aspire to be leaders in The
Iowa State Bar Association – for all lawyers
who wish to serve on ISBA committees or
sections and for lawyers who just want to
learn more about the ISBA.
It will include leadership skills training
and a general overview concerning the
numerous opportunities for involvement
in the ISBA. The list of possible
topics includes:
“Bar Association 101,” Overview of the functions
of ISBA office/staff, Legislative & Lobbying
process, Board of Governors – what it is, what
governors do, how to get on the Board, Why get
involved and how to become more involved in
ISBA activities/leadership, All about the ISBA
website, Serving on a Committee or Section as a
member or chair, How to run meetings & parliamentary procedure, How to motivate, work with
and lead volunteers, and Strategic planning.
Sessions will feature speakers and
panelists from diverse backgrounds,
including women lawyers, minority lawyers,
government lawyers, corporate lawyers,
young lawyers, “senior” lawyers, rural
lawyers, urban lawyers, judges, and others.
The ISBA is proud to serve all lawyers,
and this is the perfect opportunity to get
involved and make a positive impact on the
legal profession.
Also, if you are currently a leader in a
county or local bar association, we encourage you to register for this program and/or
nominate someone from your community
to attend. The Leadership Development
and Orientation Program is the result of
efforts by the ISBA to reach out to Iowa
lawyers to identify future leaders, and your
support is very important.
All attendees will be equipped with the
necessary tools to get involved and become
active in the bar. There might also be one
hour of free CLE credit. Again, here are all
of the details for this exciting program for
Iowa lawyers, which includes a free lunch:
WHO:
ALL lawyers who want to learn
more about the ISBA or want to
become more involved in
the ISBA
WHAT:
Leadership Development &
Orientation Program
WHERE: West Des Moines Marriott
WHEN: May 27, 2004
from 10 a.m. to 4 p.m.
COST:
FREE
NEED HELP WITH AN APPEAL?
Patrick W. O’Bryan • O’BRYAN LAW FIRM
[email protected]
STATE OR FEDERAL
300 Walnut Street, Suite 125, Des Moines, Iowa 50309
Phone: 515-283-8399 • Fax: 515-283-2670
LAW DEGREE DRAKE U. 1976
UMKC MASTER OF LAW DEGREE 1979
Former Law Clerk: Justice Harris 1977-1978
Former Director Appellate Screening
Supreme Court of Iowa ‘85-‘92
This program will also provide an
opportunity to meet the ISBA officers, the
ISBA YLD officers, and the ISBA Board
of Governors. One of the tracks of this
program will include the annual orientation
session for newly-appointed ISBA leaders,
Board of Governors members, and
committee and section chairs.
There has never been a better time to
become involved in The Iowa State Bar
Association or to learn more about it.
Please mark your calendar for May 27 and
register for this Leadership Development
and Orientation Program. You may register
for the program online at www.iowabar.org
or by calling the ISBA office at
515-243-3179. We look forward to
seeing you in West Des Moines.
YOUNG
LAWYERS
Y
DIVISION
L D
IOWA STATE BAR ASSOCIATION
&
VALUATIONS
EXPERT
TESTIMONY
When Results Count
Business Valuation for:
> Gift and Estate Taxes
> Employee Stock Ownership Plans
> Family Limited Partnerships
> Intellectual Property
Expert Testimony for:
> Lost Profits/Earnings Analysis
> Stockholder Disputes
> Commercial Damages
> Dissolutions
Offices Coast to Coast
Midwest Managing Director
Terry J. Allen, ASA, CPA/ABV
3605 SW 29th Street
Des Moines, IA 50321
515.953.4498
THE
IOWA LAWYER April 2004 29
We cannot forget pro bono !
Needs increase with greater numbers being denied services
By Brett Toresdahl*
In the wake of requests for donations being
made to the members of The Iowa State Bar
Association, don’t forget that your pro bono
obligation does not end with your checkbook
and a stamp. Attorneys in Iowa are receiving
multiple requests to provide financial support
so that programs can keep their doors open,
but attorneys are also needed to volunteer to
“The most needed
area for volunteers is
family law.”
keep the doors from being shut on clients.
Pro bono is not something that you can
“buy-out” of when you make a financial
contribution to Iowa Legal Aid or one of the
pro bono programs. Clients are still in need
of services. Volunteer attorneys are a critical
component in the delivery of legal services
to our indigent citizens.
The ISBA Volunteer Lawyers Project, the
Polk County Bar Association Volunteer
Lawyers Project, and Iowa Legal Aid have
been struggling with funding reductions the
past year. There is a crisis in the provision
of legal assistance for the indigent. The
reduction of funding and staff resources at
Iowa Legal Aid results in fewer people being
served. The number of clients who are being
turned away each day and month continues
to grow. Pro se filings in our courts are on the
rise. The need for pro bono legal assistance
continues to grow. Demand for volunteers
is at an all time high as Iowa Legal Aid is
referring more clients to the pro bono
programs or simply turning them away.
Times are tough. Demand continues to
increase. The members of The Iowa State
Bar Association and all attorneys in this state
have consistently been responsive to the
needs of Iowa’s indigent citizens. Nearly 45
percent of the attorneys in Iowa are signed
up to take cases through one of the pro bono
programs. Even though this number is
impressive, the reality is that not all of these
attorneys are getting or taking cases because
they are signed up for cases that are outside
the areas of highest demand. The most
needed area for volunteers is family law.
There are other areas of service, but if we
could increase the number of attorneys
willing to accept family law referrals, then we
would start to see a decrease in the number
of clients being denied services.
The ISBA Board of Governors re-affirmed
a long standing resolution in June encouraging all attorneys in Iowa to provide no less
than 20 hours per year of pro bono legal
services to the poor and disadvantaged. It is
not acceptable to deny someone access to
justice simply because they cannot afford it.
Clients are unserved and all of us need to
stay mindful of it.
To find out more about how you can assist
in meeting the need in Iowa, please contact
the Iowa State Bar Association Volunteer
Lawyers Project at 800-325-2909.
The Iowa Code of Professional Responsibility for
Lawyers reminds attorneys -:
Historically, the need for legal services of those
unable to pay reasonable fees has been met in part
by lawyers who donated their services or accepted
court appointments on behalf of such individuals.
Presents...
2004 Preventing Legal Malpractice Claims and Ethics Complaints in Your Law Practice
Professionally produced videotapes will be used to show a number of malpractice risks and ethics problems that
exist in any law practice.
The law office dramatization of attorney-client scenarios will present vignettes based on actual claims, ethics
complaints and malpractice insurance problems.
After the vignettes, a panel of experts will be present to discuss with attendees the errors, omissions and
deficiencies of the attorneys in the dramatizations.
Tuesday, April 27, 2004
9:00 am—12:15 pm (8:30 am check in)
Harrah's, Council Bluffs, IA (712) 329.6059
There are three easy ways to register for this event:
• FAX:
800.305.1510
Wednesday, April 28, 2004
9:00 am—12:15 pm (8:30 am check in)
Downtown Marriott, Des Moines, IA (515) 245.5500
• Online:
www.mlmins.com
• Mail:
333 South Seventh Street, Suite 2200
Minneapolis, MN 55402
Thursday, April 29, 2004
9:00 am—12:15 pm (8:30 am check in)
Crowne Plaza Five Seasons, Cedar Rapids, IA
(319) 363.8161
30
THE
IOWA LAWYER April 2004
Please include your name, firm name and which
seminar you would like to attend.
Cost: Free
CLE and Ethics credits have been applied for.
The basic responsibility for providing legal services
for those unable to pay ultimately rests upon the
individual lawyer, and personal involvement in
the problems of the disadvantaged can be one of the
most rewarding experiences in the life of a lawyer.
Every lawyer, regardless of professional prominence
or professional workload, should find time to
participate in serving the disadvantaged. The
rendition of free legal services to those unable to
pay reasonable fees continues to be an obligation of
each lawyer, but the efforts of individual lawyers
are often not enough to meet the need. Thus it has
been necessary for the profession to institute
additional programs to provide legal services.
Accordingly, the legal aid offices, lawyer referral
services, and other related programs have been
developed, and others will be developed by the
profession. Every lawyer should support all proper
efforts to meet this need for legal services.
Ethical Consideration EC 2-27 ....
*Executive Director, The Iowa State Bar
Association Volunteer Lawyers Project
PRO BONO IN IOWA
ISBA honors lawyers who volunteer for
indigent Iowans 2003 Honor Roll
The Iowa State Bar Association Volunteer
Lawyers Project is pleased again to present
its Pro Bono Honor Roll recognizing Iowa
attorneys who make it possible for more
Iowans to have access to justice. Members
of the private bar provide hundreds of hours
of pro bono legal services through their VLP
efforts. Pro bono service is the critical
component in making more legal services
available to the indigent citizens of our state.
We list here all Iowa attorneys who closed
one or more VLP cases in 2003. Highlighted
names are of attorneys who provided 20 or
more hours of VLP services. This is the
recommended standard established by the
Pro Bono Resolution passed by the ISBA
Board of Governors in 1990 and reaffirmed
in June 2003.
Some attorneys who participate in the VLP
report their cases through their firms and
these firms are included on the list. In
addition to taking cases, many attorneys
provide pro bono services in other ways.
They provide valuable assistance to the legal
service community by doing intake, talking
with clients at clinics, training and research,
pro bono mediations and as support to the
court. This list also includes key volunteers
who have worked tirelessly in the past year to
increase funding for Iowa Legal Aid and the
VLP programs as well as service on the
Boards for these organizations.
We thank all VLP volunteer attorneys for
their generous commitment and support of
pro bono in Iowa.
STAY IN TOUCH
with your legislator
By James W. Carney – Legislative Counsel
Two sayings that I have learned to appreciate more each year that I have been
lobbying are: “All politics is local,” a quote from Tip O’Neill, and “No man’s life,
liberty or property are safe while the legislature is in session...”, 1 Tucker 248
(NY Surr. 1866).
Whether it is on Iowa State Bar Association issues or those of importance to
you as a citizen, you should always keep in touch with your local legislators. They
may not do or vote the way you want them to on every proposed law, but they do
listen to their constituents. Never undervalue your personal contact with them.
HOW TO CONTACT YOUR LEGISLATOR
Today it is very easy to communicate with your elected representatives. You can
do it by mail, phone, e-mail or by meeting with them in your home district. You
can contact them during the legislative session by calling SENATORS 515-281-3371 reaches the Iowa Senate switchboard.
REPRESENTATIVES 515-281-3221 reaches the Iowa House switchboard.
E-MAIL – A list of Iowa legislators and their e-mail addresses, as well as home
contact information, is on the Web at www.legis.state.ia.us
Legislators read their e-mail. It is a great way to communicate with them.
U.S. MAIL – Address it to members of the Legislature at the State Capitol,
Des Moines, IA 50319.
WEB ACCESS – Find calendars of legislative meetings, track legislation, find your
lawmaker, and even listen to live debate on the General Assembly’s Web site at
www.legis.state.ia.us
GENERAL INFORMATION – Legislative Information Office 515-281-5129.
If at any time you have questions about legislation, contact our office.
We will try to answer any questions you pose. If you communicate with your
legislator and you determine they have a position on an issue of importance
to the Association, please forward a copy of that communication to us so we can
follow up with your legislator at the Capitol. You can contact Jim Carney, Troy
Skinner or Jenny Tyler at 400 Homestead Building, 303 Locust Street, Des Moines IA 50309
515-282-6803 • Fax 515-282-4700
[email protected][email protected]
[email protected]
THE
IOWA LAWYER April 2004 31
Volunteer Lawyers Project Honor Roll
This list has been compiled with the
assistance and cooperation of The Iowa State
Bar Association Volunteer Lawyers Project,
Iowa Legal Aid Volunteer Lawyers Project,
Polk County Bar Association Volunteer
Lawyers Project, and HELP Legal Assistance
Pro Bono Project based on information the
attorneys reported to these agencies in 2003.
ADAIR: Karen Emerson, John Fisher, Clint Hight.
ADAMS: Jeffrey Millhollin, Stuart Nielsen.
ALLAMAKEE: Matthew Erickson, Jeffrey Swartz, W. Richard White.
BENTON: Patricia Lough.
BLACK HAWK: Andrew Abbott, John W. Ackerman, Brandon
Adams, Kevin Ahrenholz, Colleen Alexander, Craig Ament,
Samuel Anderson, Robert Andres, Larry Anfinson, Miryam
Antunez DeMayolo, Judith Benson, Henry Bevel III, Tim
Boller, Bruce Braley, Robert Braun, Jen Bries, Peter Burk,
Michael Congalton, David Correll, Steven Daniels, Paul Demro,
Sarah Dooley-Rothman, Michael Dunbar, Kevin Engels, Megan
Fereday, Hugh Field, E. J. Gallagher III, Bruce Gettman, Jr.,
Robert Griffin, Dennis Guernsey, Linda Hall, Beth Hansen,
John Harris, John Hines, Russell Hinze, Theresa Hoffman,
Gary D. Iversen, Eric Johnson, James Kalkhoff, Mary Kennedy,
Sara Kersenbrock.
Also, Max E. Kirk, K. L. Kober, Laura Langenwalter, Mike
Lanigan, Corey Lorenzen, Rick Lubben, Timothy Luce, Adnan
Mahmutagic, David Mason, John McCoy, Mark Milder, Michael
Miller, Steven Moore, Richard Morris, Kenneth Nelson, David
Odekirk, Michael Pedersen, Jeffrey Peterzalek, John Rausch,
Robert Rausch, Donald Redfern, David Riley, Kevin Rogers,
Mark Rolinger, Obie Saddler, Jr., Daniel Seufferlein, Joseph
Sevcik, Karla Joy Shea, R. James Sheerer, Paul Shinkle, Lynn M.
Smith, Chad Swanson, Thomas Verhulst, James L. Wagner, D.
Raymond Walton, Steven Weidner, Natalie Williams Burris,
Mediations & Arbitrations
Workers’ Compensation Mediators
Frank T. Harrison
Former Deputy Iowa Industrial Commissioner
E. J. Kelly
Former Deputy Iowa Industrial Commissioner
Robert C. Landess
Former Iowa Industrial Commissioner
Valerie A. Landis
M. Anne McAtee
Civil Litigation Mediators & Arbitrators
Jeff H. Jeffries • Thomas J. Logan
John E. Orrell, Jr. • Kimberly J. Stamatelos
Family Law Mediator
Kimberly J. Stamatelos
Des Moines • Adel • Quad Cities
515-244-0111
www.hopkinsandhuebner.com
32
THE
IOWA LAWYER April 2004
Melvin Wolf, John J. Wood, Gene R. Yagla, David Zellhoefer.
BOONE: Bruce Anderson, Dorothy Dakin, Ben Doran, Lee
Johnson, Judd Kruse, James Malloy, Adria Stonehocker.
BREMER: Ivan Ackerman, Gerald Carney, Keith Collins, Steven
Egli, Lana Luhring, Lawrence Stumme, John Tremaine.
BUCHANAN: Gary McClintock, Franklin Sauer.
BUENA VISTA: Mary Hamilton, Steven Hamilton, John Murray,
David Patton.
BUTLER: Thomas Lawler, Gregory Lievens, Amy Swanson.
CALHOUN: Cynthia Voorde.
CARROLL: Frank Comito, Ronald Eich, Joseph Halbur, Patrick
Hall, A. Eric Neu, Arthur A. Neu, Robert Peters, William
Polking.
CASS: Brian Daiker, Lawrence Jones, James Mailander.
CEDAR: Brian Fairfield, William Norton, Francesca Passeri.
CERRO GORDO: J. Mathew Anderson, Rolf Aronsen, Kristy
Arzberger, Charles Biebesheimer, Erin Bolinger, Rustin
Davenport, John Duffy, F. David Eastman, David Funkhouser,
James Heiny, William Keen, John Lander, Tim Lapointe,
Charles Levad, James McGuire, C. W. McManigal, David
Nelsen, C. Bradley Price, John Sorensen, Gerald Stambaugh,
Richard Tompkins Jr., Steven VandenBerg, Michael Vervaecke,
Mark Young, Joel J. Yunek.
CHEROKEE: Richard Cook, John Loughlin, Daniel Meloy, George
Wittgraf.
CHICKASAW: Lewis Churbuck, Kevin Kennedy, Michael Kennedy,
Christopher O’Donohoe, Nathaniel Schwickerath, Patrick
Wegman.
CLARKE: Unes Booth, William Eddy, Dan Northfield.
CLAY: Christopher Bjornstad, Charles Borth, Donald Hemphill,
David Scott.
CLAYTON: David Baumgartner, John Gnagy, J. Steven
McCorkindale, Michael Schuster.
CLINTON: J. Drew Chambers, Stephen Haufe, Robert McGee,
Kenneth F. Schoenauer, Bert Watson.
DALLAS: Scott Finneseth, Randy Hefner, Bryan Jennings,
Jonathan Kimple, Misheal Waller-Little.
DAVIS: Stephen Richardson, John Silko.
DECATUR: Robert Rolfe.
DELAWARE: Daniel Swift, William Werger.
DES MOINES: James Adams, David Beckman, Daniel Cahill,
William Cahill, John Cray, Ronald Ellerhoff, Robert Engberg,
Robert Engler, Gerald Goddard, Toby Gordon, Brian Helling,
David Hirsch, William Jahn, Jr., James Miller, William Monroe,
Donald Porth, Nicholas Pothitakis, W. Scott Power, Brent
Ruther, Michael Schilling, Scott Schroeder, J. Bryan Schulte,
Steven Swanson, Mitchell Taylor, Alan Waples.
DICKINSON: Edward W. Bjornstad, John Bjornstad, Bethany
Verhoef Brands, Jon Martin, Pamela Wingert.
DUBUQUE: Monica Ackley, John Becker, Mark Beckman, Joseph
Bitter, Tom Bitter, William Blum, Brannon Burroughs, Dave
Clemens, Jennifer Clemens-Conlon, Chad Cox, Davin Curtiss,
MaryBeth Fleming, Danita Galdick, Arthur Gilloon, Timothy
Goen, Dirk Hamel, Melissa Hancock, Darin Harmon, Werner
Hellmer, Francis Henkels, Stuart Hoover, Alfred Hughes,
Philip Jensen, Stephen Juergens, Todd Klapatauskas, Dean J.
Konrardy, Roger Kurt, Francis Lange, David Leifker, Todd
Locher, John Nemmers, Brian Peters, Anthony J. Quinn, Bruce
Rehmke, Patricia Reisen-Ottavi, David Setter, Angela Simon,
Thomas Straka, Leanne Striegel, Jeffrey Trannel, Jim Trannel,
Michael Whalen.
EMMET: Scot Bauermeister, David Forsyth, Gordon Forsyth.
FAYETTE: Jeffrey Clements, David Hanson, John Hofmeyer III, T.
David Katsumes, W. Wayne Saur, Ronald VanVeldhuizen, Larry
Woods.
FRANKLIN: Lee Blum, Michael Cross, Brent Symens.
GREENE: Rita Harmening Pedersen, Mark J. Rasmussen, Robert
Schwarzkopf.
GRUNDY: Bradley Harris, Gerald Monk, Kirby Schmidt, Robert
Thompson.
GUTHRIE: Dwight Dinkla, Robert Feilmeyer, Beverly Wild.
HAMILTON: Charles Deppe, Mark Hemmingson, Ellen J. Henry.
HANCOCK: Phillip Garland, Earl Hill, Brian Jones, James
Wetterling.
HARDIN: Michael Holt, Larry Johnson, Carl Letz, Clark McNeal.
HARRISON: John Kellogg.
HENRY: Richard Bell, Patrick Brau, Michael Vance.
HOWARD: Mark Anderson, James Moriarty, Kevin Schoeberl.
HUMBOLDT: Marc Arends, Robert Lee, Steven Sandblom, Gregory
Stoebe.
IDA: Laurel Boerner, Matthew Forristal, Peter Goldsmith.
IOWA: Orville Bloethe, Robert Leinen, William Shafer, Fred
Stiefel, Eric Tindal.
JACKSON: Corliss Baty, James Bear, Ronald J. Besch, Steven
Kahler, Mark Lawson, Kenneth E. Wright.
JASPER: Randal Caldwell, Dennis Chalupa, Trisha Greear, Steven
Holwerda, Bradley McCall, Mark Otto, Terry Rickers, Lois
Vroom, Kathryn (Beth) Walker, Lee M. Walker.
JEFFERSON: Ed Noyes, Stephan Small, Nancy Watkins.
JOHNSON: John Allen, Lars Anderson, Dawn Barker Anderson,
Jean Bartley, Janice Becker, Christine Boyer, Maurine
Braddock, Michael Brenneman, Kandie Briscoe, David Brown,
David Burbidge, Rockne Cole, Lois Cox, Mark Danielson,
Martin Diaz, Eleanor Dilkes, Sue Dulek, Jeffrey Fields, Davis
Foster, Gregg Geerdes, Bruce Goddard, Timothy G. Grady,
Stephen Greenleaf, John Hayek, LeAnn Heun, Thomas
Hobart, Mary Hoefer, Sondra Kaska, Michael Kennedy, Sue
Kirk, Margaret Lainson, James Larew, Nestor Lobodiak, Karen
Lorenzen, Lawrence L. Lynch, Lillian Lyons Davis, Paul
McAndrew, Jr., James McCarragher, Thomas McMurray,
Charles Meardon, Sharon Mellon, Dennis Mitchell, Joseph
Moreland, Jennifer Morrison, Bruce Nestor, Reta Noblett-Feld,
Anna O’Flaherty, Douglas Olson, Cynthia Parsons, Constance
Peschang Stannard, Julie Pulkrabek, Jeffrey Renander, Dell
Richard, Barbara Schwartz, Leon Spies, L. Jay Stein, Randy E.
Trca, Bruce Walker, Sally Weyer, Randall Willman.
JONES: Craig Elliott, Adrian T. Knuth, Nick Strittmatter, James
Thomas, Janette Voss, Todd Weimer, Jay A. Willems.
KOSSUTH: Scott Buchanan, Thomas Lipps, David Skilling, Eldon
Winkel.
LEE: Clinton R. Boddicker, Elaine Eschman, R. L. Fehseke, Jr.,
Richard L. Fehseke, III., John E. Kultala, M. Carl McMurray,
Robert Reding, Thomas Skewes, Steven J. Swan, John Wright.
LINN: Janice Aasgaard, Connie Alt, Brian D. Bergstrom, Jace
Bisgard, Richard L. Boresi, Gilda Boyer, Hugo Burdt, Philip A.
Burian, Kevin Caster, Kevin Collins, Christine L. Conover,
Patrick Courtney, Christine Crilley, Elizabeth Croco, Terri
Davis, Robert Davison, Laurie L. Dawley, Kenneth Dolezal,
John H. Ehrhart, Dean R. Einck, Gregory J. Epping, Ronald
Fadness, Michael Fay, Thomas Fiegen, Heather Fleming,
Richard Fry, Richard Garberson, Carla Garrels-Pearson, Sarah
Gayer, Richard W. George, James Gerk, Gordon R. Gibson,
Matthew A. Glasson, Cory Goldensoph, D. John Hedgecoth,
William Hochstetler, Tricia Hoffman-Simanek, James C.
Holmes, Janet Hong, Anne Hoskins, Deborah Hughes, Wesley
B. Huisinga, Stephen Jackson, Sr., Stephen Jackson, Jr.,
Elizabeth Jacobi.
Also, Maureen Kenney, Henry M. Keyes, Linda M. Kirsch,
Kurt Kratovil, Gerald J. Kucera, Diane Kutzko, Pamela Jo
Lewis, Darin Luneckas, David Marner, Sr., Robert W. Matias,
Martin J. McLaughlin, Dennis J. McMenimen, Douglas C.
Meyer, Michael L. Mollman, John Monroe, Darrel A. Morf, Iris
Muchmore, David Nadler, Douglas Oelschlaeger, Robert
O’Shea, Steven Pace, Jack Paige, Thomas Peffer, Nancy Penner,
Robert Porter, Troy Powell, William P. Prowell, Carroll
Reasoner, John Riccolo, Jennifer Rinder, Mark Roberts, Jeffrey
K. Robison, Forrest Rosser, Robert Rush, Gregory Seyfer, James
Shipman, Rush Shortley, James Sines, Todd Slagter, D. J. Smith,
R. L. Sole, John Stitely, Wilford Stone, Gary Streit, Marty
Sutcliffe, Debra Svoboda Epp, Stephen Swift, Robert Teig,
David Thinnes, Shannon Thompson, Larry Thorson, Traci
Vercande, Karen A. Volz, Chad M. VonKampen, Darrell
Walters, Jr., Hanna B. Weston, Judith Whetstine, Lynn Wickham
Hartman, Daniel Willems, Charles J. Williams, Anne Wilson,
Robert F. Wilson, Karla Wolff, Thomas Wolle, Mark L. Zaiger,
Richard H. Zimmermann.
LOUISA: Roger Huddle, David Matthews, Wiliam Matthews, Jay J.
Schweitzer, Timothy Wink.
LUCAS: Raymond G. Meyer.
MADISON: Julie Forsyth, Jerrold B. Oliver, G. Stephen Walters.
MAHASKA: Randy DeGeest, David Dixon, Julie Fisher, Greg Life,
Eric Palmer.
MARION: Barry Griffith, David Johnson, Michael Lane, Dwaine
Meyer, Timothy Tripp, Ronald Walker.
MARSHALL: Erin Broadston, Chris Clausen, James C. Ellefson,
Kent L. Geffe, Joel Greer, John J. Haney, George W. Hinshaw,
Michael R. Horn, Steven A. Kloberdanz, Merrill C. Swartz,
Robert Weiss, Patrick L. Wilson.
MILLS: Charles Haack.
MITCHELL: Richard Gross.
MONONA: Stephen Allen.
MONTGOMERY: Brian Mensen, Charles E. Richards.
MUSCATINE: Gary Allison, Linda Allison, Paul Bouska, Roland
Caldwell, William Creasey, Gerald Denning, John Harris,
Jeffrey Johnson, Eric Knoernschild, Michael Metcalf, Mark
Neary, Jean Pfeiffer, Don Schroeder.
O’BRIEN: Bruce Green.
PAGE: Anthony Almquist, Gary Gee, Sanford Turner.
PALO ALTO: Michael Brown, Donald Capotosto.
PLYMOUTH: Richard Bauerly, Scott Bixenman, W.E. (Gene)
Collins, Marten Trotzig.
POCAHONTAS: Donald Beneke, Donald M. Winkler.
POLK: Mark Abendroth, Ahlers, Cooney, Dorweiler, Haynie,
Smith & Allbee, Everett Albers, Angela Althoff, Fred Anderson,
James Austin, Todd Babich, Bruce Baker, Nathan Barber, Neil
Barrick, Joseph Barron, Patricia Barry, William Bartine, Chuck
Becker, Mark Beerman, Belin, Lamson, McCormick, Zumbach
& Flynn, Susan Boe, Eric Boehlert, Randy Bolin, Eric Borseth,
Sara Jane Bowe, Andrew Bracken, Bradshaw, Fowler, Proctor &
Fairgrave, Trinity Braun, Scott Brennan, William Brewer, Brick,
Gentry, Bowers, Swartz, Stoltze, Schuling & Levis, Brown,
Winick, Graves, Gross, Baskerville & Schoenebaum, Michael
Burdette, Bruce Butler, Heather Campbell, Brent Cashatt,
David Charles, James Christenson, Megan Claypool, Jennifer
Clendenin, Lori Cole, Chris Coppola, R. Mark Cory, Christine
Cownie, Garry Cox, Tom Crabb, David Craig, Martha Crist,
Matthew Cronic, Michael Cumings, Davis, Brown, Koehn,
Shors & Roberts, Darrel Davison, Michael Deege, Tom DeSio,
Steve Despotovich, Tracy Deutmeyer, Dickinson, Mackaman,
Tyler & Hagen, Catherine Dietz-Kilen, Diane Dornburg, Dorsey
& Whitney, Douglas Drees, Paul Drey, Thomas Duff, Duncan,
Green, Brown, Langeness & Eckley, Carmen Eichmann,
Honorable Larry Eisenhauer, Susan Ekstrom, Tara Elcock,
Todd Elverson, Catherine Engel, Michael Ensley, David
Erickson, Kimberly Erickson, Ray Fenton, Jake Feuerhelm,
James Fifield, Thomas Fisher, Jr., Thomas Fisher, Sr., Jeff
Flagg, Patrick Fraizer, Sally Frank, Susan Freed, Michael
Galloway, Elias Gastelo, Ryan Genest, Drew Gentsch, Mike
Gilchrist, Grefe & Sidney, A. J. Greffenius.
Also, Gordon Greta, Elizabeth Grob, Laura Hamady, Jim
Hanks, Wendell Harms, John Harding, Marc Harding, Keith
Haroldson, Harvey Harrison, Wade Hauser, Jon Heiny, Alice
Helle, Christopher Henderson, James Holcomb, Bob Holliday,
Hopkins & Huebner, Terry Hopkins, Randy Horstmann, John
Hudson, R.J. Hudson, Jr., Debra Hulett, Jason Hunt, Fred
James, Lawrence James, Sr., Dallas Janssen, Jennifer JaskolkaBrown, Steve Jayne, Danielle Jess, Alexander Johnson, Martha
Johnson, Elizabeth Katz, William Kelly, Kent Kelsey, Jeff Kelso,
Ann Kendall, Elizabeth Gregg Kennedy, Greg Kenyon, David
Kilpatrick, Patrick Kirchner, Peter Kitundu, Linda Kniep,
Kimberly Knoshaug, Becky Knutson, Sonia Parras Konrad,
Chris Kragnes, Jim Krambeck, Gretchen Kramer, Jonathan
Kramer, Yale Kramer, Thomas Krause, LeAnne Krell, Elizabeth
Kruidenier, Judd Kruse, Cristina Kuhn, Robert Laden, Mark
Lagomarcino, Jennifer Lampe, Matthew Laughlin, Tom Levis,
Jeff Lipman, Tom Loftus, Holly Logan, Susan Low, Chip Lowe,
Dick Lozier, David Luginbill, Steve Lytle, Rod Maharry,
Michael Mallaney, Ed Mansfield, Larry Marcucci, Kathy
Massier, Jane McAllister, Cynthia McCall, Curt McCormick,
Matt McDermott, Michael McEnroe, Ed McIntosh, Larry
McLellan, Patrick McNulty, James Meade, Ann Michelson,
Andrew Miller, Christopher Miller, Cynthia Miller, Donna
Miller, Clark Mitchell, Sean Moore, David Morse, Burns
Mossman, Darrel Mullins, Linda Murphy, Thomas Murphy,
Alexandra Nelissen, Nyemaster, Goode, Voigts, West, Hansell
& O’Brien, Robert Oberbillig, Jennifer Oetker, Dennis Ogden,
Jeff Oliver, Mike Oliver, Amy Omvig, Nathan Overberg, Martin
Ozga, Greg Page, Heather Palmer, Kristin Parks, Patrick
Payton.
Also, Tim Pearson, Karen Pearston, Peddicord, Wharton,
Spencer & Hook, Ron Peeler, Lisa Perdue, David Phillips,
James Piazza, Sr., Sarah Pitts, Vickie Place, Van Plumb, Thomas
Pospisil, John Priester, Principal Financial Group – Law
Department, Chip Pritchard, Randi Ray, Wayne Reames, Mike
Reck, David Repp, Scott Riemenschneider, Ron Rieper, Nancy
Lynn Robertson, Mark Roth, Steve Roy, Rod Ryan, Roxann
Ryan, Michael Said, Peter Sand, Michelle Saveraid, Thomas
Schlapkohl, John Schmidt, John Scieszinski, Joe Seidlin, John
Seitz, Karen Shaff, Robert Sharp, Jeremy Sharpe, Matt Sheeley,
Danielle Shelton, Anita Shodeen, Anjela Shutts, Aaron
Siebrecht, Cathleen Siebrecht, D. Scott Simpson, Kara Sinnard,
Tom Slaughter, Douglas Smith, Behnaz Soulati, Jerry Spaeth,
Katherine Spencer, James Spellman, Curt Stamp, Mac
Stanfield, Donn Stanley, Steve St. Clair, Randy Stefani, Frank
Steinbach, III., Roger Stetson, Susan Stockdale, Jason Stone,
Susan Suh, Sullivan & Ward, James Swanger, David Swinton,
Paul Swinton, Krista Tanner, Tom Tarbox, Mark Thomas,
Nancy Thompson, Andrew Tice, Bryan Tingle, Steven Traynor,
Nancy Trotter, Joan Trout, Leanne Valentine, Pam Vandel,
Margaret Van Houten, Jon Vasey, John Vernon, Milo Vukelich,
James Wainwright, David Walker, Tim Walker, Stacey Warren,
Ivan Webber, Richard Webster, Daniel Weddle, Mark
Weinhardt, Patty Westemeyer, Tammy Westhoff, Ron Wheeler,
Lu Ann White, Whitfield & Eddy, Mary Whitman, Mark
Wiedenfeld, Don Williams, Wayne Wilson, Don Wine, Colin
Witt, Michael Wunn.
POTTAWATTAMIE: Gregory Barntsen, James Campbell, Phil
Caniglia, Stephen Ebke, Keith Engel, Daniel L. Fretheim,
Michael Gallner, Dennis Gray, Michael Haller, Jr., Eric Hansen,
Dean T. Jennings, Drew Kouris, David McCann, Clarence
Meldrum, Jr., Michael Moss, G. Elizabeth Otte, Suellen
Overton, Jacob Peters, Richard Peterson, John Rasmussen,
Aaron Rodenburg, Jack Ruesch, Michael A. Sciortino, G.
William Smits, Norman Springer, Jr., Benjamin Thompson,
Joseph Thornton.
POWESHIEK: Donald Charnetski, Jeffrey Garland, Dennis
McKelvie, William McNally, Donald Schild.
SCOTT: John Aitken, Suzanne Arzberger, Kathleen Bailey, Steven
Berger, David G. Binegar, Patricia Cepican, Nathan Clark,
Michael Clifton, Jeffrey Cook, Joe Creen, Chris Curran, Jack
Darland, Vic Dietz, Steven Fieweger, John Flynn, Robert S.
Gallagher, Jack Harris, Matt Hatch, Troy Howell, Catherine
Hult, Joe Judge, Courtney Kay-Decker, Patrick Kelly, Brian
Kuethe, John Kuhl, Larry Lammers, Lane & Waterman, Peggy
Lay, J. Wilson McCallister, Michael McCarthy, William
McCullough, Jeffrey McDaniel, Sandra Madsen, Michael Meloy,
Robert Meyer, David Millage, Stephen Newport, Jason
O’Rourke, Maria Pauly, Robert Phelps, Diane Puthoff, Seymore
Raben, Diane Reinsch, Ronald Rothert, Mikkie Schiltz, Doug
Scovil, Lisa Shileny, James Sothmann, Penelope Souhrada,
Stanley, Lande & Hunter, William Sueppel, Eric Syverud,
Katherine Teel Don Thuline, David Treimer, Steven Wing,
Tom Yeggy.
SHELBY: Richard Schenck, Bryan Swain.
SIOUX: Bradley DeJong, , Maureen McGill Hoogeveen, James
Pickner.
STORY: David Benson, Stephen Howell, Christine Hunziker,
Christine Keenan, Jere C. Maddux, Clark Pasley, Margaret
Rhodes, Dale Sharp, Kathy Mace Skinner, William T. Talbot,
John Timmons.
TAMA: Jared O. Bauch, Bruce Reinders, Allan Richards.
UNION: Marion James, Arnold O. Kenyon, III.
WAPELLO: Matt Cunningham, J.T. Denefe, H. Edwin Detlie,
Kenneth Duker, Dennis Emanuel, Philip Ferren, Steven
Gardner, Richard J. Gaumer, Gayla Harrison, Timothy W.
James, Joni Keith, Lloyd Keith, Thomas F. Kintigh, Mary B.
Krafka, Jeffrey R. Logan, Timothy McKay, Rose Anne Mefford,
Ryan Mitchell, John N. Moreland, Michael J. Moreland, H.
Michael Neary, Allan C. Orsborn, Thomas M. Walter, Paul
Zingg.
WARREN: James F. Fowler, Kimberly Graham Haddox, Stephen
Hall, Claire Patin.
WASHINGTON: Tracy Anderson, Craig Arbuckle, Christal L.
Arthur, Tamara Borland, Leslie D. Lamping, Patricia Lipski,
Gerald Partridge, Kathryn Salazar, Douglas Tindal.
WAYNE: Roberta Chambers, Monty Franklin, Verle Norris, Alan
Wilson.
WEBSTER: Stuart J. Cochrane, Rebecca Hanson, Steven
Hendricks, Derek Johnson, Dan T. McGrevey, Blake Parker,
Kurt T. Pittner, R. Thomas Price, Jerry Schnurr, III., David
Sergeant, William Thatcher.
WINNEBAGO: Daron Fritz, Mark A. Newman.
WINNESHIEK: James Burns, Timothy Lynch, Lee Wilmarth.
WOODBURY: Steven Andreasen, A. Frank Baron, Robert Deck,
James Daane, Jay Denne, Daniel D. Dykstra, Ray H. Edgington,
Michael W. Ellwanger, Martha Fagg, Judith Garnos Huitink,
Jeffrey Garreans, John C. Gray, Michael Hobart, Mercedes
Ivener, Michael Jacobs, Jeffrey Johnson, Michelle Lessmann,
Michele Lewon, Gregory N. Lohr, Glenn Metcalf, John
Moeller, John Nelson, David Nyberg, Teresa O’Brien, Barbara
Orzechowski, Douglas Phillips, James W. Redmond, Richard
Rhinehart, Elizabeth Row, Delbert (Will) Rowse, Kelly Salker,
Rosemary Sheehan, Bruce G. Thomas, Kendra Zirbel Olson.
WORTH: Craig Ensign, Jeffrey H. Greve, John H. Greve.
WRIGHT: Richard Bordwell, Larry E. Ivers.
Drake Law team takes
second nationally
The Drake University Law School
Association of Trial Lawyers of America
(ATLA) Mock Trial team has taken
the No. 2 team ranking in the nation
at the annual Student Trial Advocacy
Competition.
The team of third-year law students
David Porter and Josh Tomsheck, and
second-year students Wendy Cooper and
Matthew Eslick, defeated South Texas
University in the semi-finals, but lost to
the University of Akron in the finals.
The mock trial competition began
February in 14 cities where 224 teams
from 124 schools faced each other
regionally. The top team from each
region advanced to the finals competition
held March 11 – 14 in West Palm
Beach, Fla.
Drake Law School alumni Jeff Noble
and Chuck Kenville coached the team
which was sponsored by the Des Moines
law firm of Galligan, Doyle & Reid.
ISBA PRESIDENT Kevin Collins, left, and his
wife, Sally Stephenson, behind him, were
joined by J.C. Salvo, ISBA vice president, and
his wide Trudy at the recent NCBP meeting in
San Antonio.
Charles T. Traw
MEDIATION/ARBITRATION
Certified Mediator, American Academy of ADR Attorneys
12 years’ ADR experience as neutral ■ Fellow, Iowa Academy of Trial Lawyers
Member
■ Chartered Institute of Arbitrators
■ Panel of Mediators and Arbitrators,
National Arbitration Forum
■ Iowa and American Trial Lawyers’ Associations
■ Iowa Defense Counsel Association
■ Defense Research Institute
Leff, Haupert, Traw & Willman
P.O. Box 2447
Iowa City, Iowa 52244
phone 319/338-7551
fax 319/338-6902
e-mail [email protected]
THE
IOWA LAWYER April 2004 33
CLASSIFIED ADS
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practice receives two free insertions annually. Corporate and government attorney members
of the association receive the same free privileges for their business, non-employer-related
ads. If you have questions, call Chuck Corcoran at 515-243-3179. E-mail your copy to
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©2003 by Great American Insurance Company. All rights reserved.
HON INDUSTRIES Inc. is the secondlargest office furniture manufacturer in
North America, and the nation’s leading
manufacturer and marketer of gas- and
wood-burning fireplaces. HON INDUSTRIES
was recognized for the third consecutive year
as one of the 400 Best Big Companies in
America by Forbes magazine in 2003, and
as America’s Most Admired Company in
the furniture industry by Fortune magazine
in 2003.
We currently have an in-house opening for
Legal Counsel, reporting to the Vice
President, General Counsel and Secretary.
The responsibilities of this position include:
negotiating and documenting acquisitions
and divestitures; legal counseling on
commercial issues (e.g., tax, trade regulation,
sales/purchase transactions); legal counseling
regarding contracts, leases, licensing
agreements, supply agreements and similar
legal instruments (including negotiating
and drafting, when necessary); conducting
compliance programs (e.g., trade regulation
reviews; legal compliance reviews; assist with
environmental audits). Qualified candidates
will be licensed to practice law in a US state
and have 5+ years experience with general
corporate law. An undergraduate business
degree or MBA and experience with real
estate and securities would be helpful.
Relocation available. Excellent compensation
and benefits package.
To apply, please email resume to
[email protected] or fax (563) 264-7923.
HON INDUSTRIES • 414 E Third St •
(SE)
Muscatine, IA 52761 • www.honi.com
ASSOCIATE POSITION – Central Iowa
county seat AV-rated law firm seeks an associate with up to three years experience.
Opportunities in area of office practice. Send
resumé and present level of compensation in
confidence to Code 40104, The Iowa Lawyer,
The Iowa State Bar Association, 521 East
Locust Street, Des Moines, Iowa 50309-1939
(0504)
34
THE
IOWA LAWYER April 2004
ASSOCIATE ATTORNEY – Eastern Iowa
county seat law firm seeks an associate
interested in practicing primarily in areas of
criminal law and civil litigation. Applicants
shall have one to three years experience.
Income shall be based on salary plus
bonuses for production. All inquiries held in
confidence. To apply, send resume and cover
letter to The Iowa State Bar Association, The
Iowa Lawyer, Code 3099, 521 E. Locust Street,
(0504)
Fl. 3, Des Moines, Iowa 50309.
MID-SIZE AV-RATED SIOUX CITY law
firm is seeking an attorney with five-plus years
practicing primarily in real estate, banking
and business law. We offer an excellent salary
and fringe benefits package. Must be licensed
or eligible for license in Iowa. Send resume,
professional references and letter of interest
by mail to: Attn: Cody M. McCullough;
Crary, Huff, Inkster, Sheehan, Ringgenberg,
Hartnett & Storm, P.C.; PO Box 27;
Sioux City, Iowa 51102, or by email to
[email protected]
(TF)
NOTICE
The firm which placed the ad
with Code 22004 please contact
the bar office at
[email protected]
Thank you!
ATTORNEY TO WORK on a
contract/hourly basis to help deal with a
temporary work overload in small North
Central Iowa general practice. This is a
non-complex office practice involving mostly
real estate, probate and corporate work.
Some experience is necessary. All
applications and inquiries will be held
strictly confidential. Respond with resume
and letter of application to Code 22004,
The Iowa Lawyer, 521 East Locust Street,
(0404)
Des Moines, Iowa 50309-1939.
CLASSIFIED ADS
ASSOCIATE ATTORNEY – Eastern Iowa
county seat law firm seeks an associate
interested in practicing primarily in areas of
criminal law and civil litigation. Applicants
shall have one to three years experience.
Income shall be based on salary plus
bonuses for production. All inquiries held in
confidence. To apply, send resume and cover
letter to the Iowa State Bar Association, The
Iowa Lawyer, Code 3099, 521 E. Locust Street,
(0504)
Fl. 3, Des Moines, Iowa 50309.
ASSOCIATE WANTED – Well-established
and growing AV-rated firm, with substantial
litigation and employment law practices with
offices in Cedar Rapids and Iowa City seeks
highly motivated attorney with 1-5 years
experience practicing in litigation and/or
employment law. Compensation competitive.
Send resume to Timothy J. Hill, Bradley &
Riley PC, PO Box 2804, Cedar Rapids, Iowa
52406-2804, or email [email protected]
ASSISTANT COUNTY ATTORNEY –
The Johnson County Attorney’s Office has an
opening for a full-time attorney. Current
admission to practice in Iowa is required.
Initial duties involve misdemeanor
prosecution. Starting salary $36,500.
Submit resumes by April 9 to J. Patrick White,
Johnson County Attorney, P.O. Box 2450,
Iowa City, Iowa 52244-2450. Screening and
interview process will begin immediately.
Johnson County is an Affirmative Action
Equal Opportunity Employer. Women,
minorities, and elderly are encouraged
(0604)
to apply.
Career Center
ARE YOU SEARCHING for a new associate
or law partner? Are you looking for a
different full- or part-time position? Go to
www.iowabar.org and click on the ISBA
(TF)
Career Center.
(TF)
ATTORNEY WANTED – AV-rated Des
Moines law firm seeking an attorney to locate
to south-central Iowa to participate in operation of general law practice there. Send
resume, professional references and letter of
interest to The Iowa Lawyer, Code 9965, 521
East Locust Street, Des Moines, Iowa 50309.
(0604)
ATTORNEY – McDonald, Stonebraker,
Cepican & Woodward, P.C., a Quad Cities
firm, is seeking an attorney with 2-3 years of
general practice and/or litigation experience
to work in areas of general practice, personal
injury litigation, insurance defense and
workers’ compensation. Candidates licensed
in both Iowa and Illinois will be preferred.
Please send confidential letter of interest and
resume to Elliott R. McDonald III, Box 2746,
Davenport, Iowa 52809 or to
[email protected]
(0504)
Expert Software
LegalWorks Guidelines for Iowa. IBM
Windows Compatible/Windows version.
Calculates child support pursuant to Iowa
child support guidelines worksheet and
client’s financial affidavit. Call 888-282-5291
for pricing and delivery information.
Satisfaction guaranteed. LegalWorks Software,
P.O. Box 22127, Des Moines,
(SE)
Iowa 50325.
Office Space Available
PLAZA LAW OFFICE – Office space
available in suite of law offices in The Plaza
in downtown Des Moines; includes staff,
services, equipment and utilities. Reasonable
terms. All inquiries confidential. Phone
(SE)
515-244-7820.
OFFICE SPACE FOR RENT – Four rooms,
575 sq. ft. Shared use of reception area,
existing furniture and office equipment,
2 conference rooms, telephones, and
receptionist are available. Three minutes off
I-80 at Coral Ridge Exit, Coralville.
(0504)
Call 319-887-1690.
Office Equipment
PLEASE DONATE your used computers to
Digital Aid, Inc. Computers are refurbished
and distributed to schools in Africa. Digital
Aid Inc. is a 501(c)(3) organization. Call for
details at 515-770-5865 or e-mail us –
[email protected].
(TF)
SULLIVAN & WARD, PC
MEDIATION &
ARBITRATION GROUP
Larry McLellan
Board Certified Mediator by
the American Academy of ADR Attorneys
Robert M. Holliday
Member of the American Academy of ADR Attorneys
Harlan (Bud) Hockenberg
Lawrence F. Scalise
Conducting Mediations
& Arbitration in the
following areas:
• Attorney Fee Disputes
• Business and Corporate
• Construction
• Employment
• Environmental
• Family Law
• Government Contracts
• Insurance Coverage Claims
• Personal Injury
• Probate
• Toxic Torts (Asbestos)
• Wrongful Death
(515) 244-3500
801 Grand Avenue, Suite 3500
Des Moines, IA 50309
www.sullivan-ward.com
THE
IOWA LAWYER April 2004 35
CLASSIFIED ADS
Miscellaneous
NOTICE CRIME VICTIM
COMPENSATION SUBROGATION.
Do you represent a client who has received
medical benefits, lost wages, loss of support,
counseling or funeral and burial assistance
from the Crime Victim Compensation
Program of the attorney general’s office?
When your client applied for compensation
benefits, a subrogation agreement was signed
pursuant to Iowa Code section 912.12 (1995).
The attorney who is suing on behalf of a
crime victim should give notice to the Crime
Victim Compensation Program upon filing a
claim on behalf of the recipient. The Crime
Victim Compensation Program will pay a
prorated share of the expenses incurred in
obtaining a judgment or verdict. Questions?
Contact Julie Swanston, MPA Compensation
Administrator, Crime Victim Assistance
(SE)
Division, 515-281-5044.
NOTICE TO ATTORNEYS: Estate
Recovery Program. Iowa Code section
249A.5(2)f(2) provides that medical
assistance recipients, age 55 and older,
shall reimburse the state for Title XIX
benefits received. Title XIX funds the
Medicaid, Medically Needy, and Elderly
Waiver programs. A medical assistance claim
for reimbursement is a priority claim, Iowa
Code section 633.425. Iowa Code section
249A.5(2)f(2) provides that the personal
representative or executor of the estate of
the recipient may be personally liable for the
claim to the extent of the recipients assets at
the time of death, if such assets were not
used to pay the medical assistance debt. For
further information contact: Ben Chatman;
Estate Recovery Program; 1011 Locust,
Ste 200, Des Moines, IA 50309; telephone
515-246-9841; fax 515-246-0155; 888-513-5186;
http://www.iowa-estates.com
E-Mail: [email protected]
(SE)
Mailing Addresses
The ISBA on occasion makes its list of members and mailing addresses available to carefully screened
companies and organizations, which helps contribute non-dues dollars to the association. If you prefer to
not receive mailings other than those of the bar association, please write or e-mail Beth Schmitz at
[email protected]
E-mail Addresses
The e-mail addresses of bar members are only used for mailings by the ISBA. They are not sold or rented
to anyone outside the association. If you do not wish to receive e-mailings from the ISBA, please e-mail
Beth Schmitz at [email protected]
One
company
NOTICE – MEDICAID LIEN: The Iowa
Department of Human Services has a lien
against the recovery recipients obtained from
third party tort feasors pursuant to Iowa Code
249A.6. Questions? Call CONSULTEC, INC.,
Rocco Russo, 1-515-327-0950 ext. 1114. (SE)
Vacation Rental
Watch the sunset over the Gulf of Mexico.
Take advantage of a quiet island with fantastic
shelling. Two bedroom, two bathroom
condos at Boca Grande, Florida. Please call
Yale Kramer at 515-281-9237 for owner’s
(SE)
discount. $630 per week and up.
Experts
EXPERT WITNESS – CONSULTANT
CONSTRUCTION CONSULTING &
INSPECTIONS, LTD.
• Construction and facilities investigations:
defects, materials, scope claims
• Personal injury
• Extensive experience with association
properties and stucco claims
• Work primarily midwest, but some
nationwide
JOHN G. RUSSO, Ph.D.
(SE)
Phone: 925-944-7137
makes advertising
your business easy
a
al Dire
Leg
c
Si n
Legal Directories Publishing Company 9111 Garland Road
36
THE
IOWA LAWYER April 2004
ry
to
Iow
One company enables you to list your business in the Iowa Legal Directory,
the Official Directory of the Iowa State Bar Association, and on the world
wide web at www.legaldirectories.com. Solutions to meet today’s needs and
tomorrows challenges. In an increasingly competitive world, one company
is leading the way. Legal Directories Publishing Company.
ce 1935
Dallas, TX 75218 800-447-5375 fax 214-320-4869 www.legaldirectories.com
CLASSIFIED ADS
Architecture and Construction Expert
Witness – Architect, and Contractor, 34 years
experience. Available to assist plaintiff or
defense attorneys. Specializing in:
• Building Codes
Uniform Building Codes (UBC, UMC,
UPC, UEC, UFC) --- Americans with
Disabilities Act (ADA) --- OSHA --International Building Code (IBC) --- Life
Safety Code (NFPA 101) --- Council of
American Building Officials(CABO)
• Industry Standards
American Institute of Architects (AIA) --Associated General Contractors (AGC) --National Fire Protection Association
(NFPA) --- American National Standards
Institute (ANSI) --- American Society of
Testing Materials (ASTM) --- Underwriters
Laboratories (UL Standards) --- American
Society of Refrigeration Engineers
Association (ASREA)
• Usual and Customary practices
Safety --- Owner – Contractor relations
Undocumented agreements / Change
orders / Cost overruns
Workmanlike craftsmanship --Construction methods
Licenses, Affiliations and Memberships:
Architectural Licenses: Iowa, Nevada,
Indiana --- National Council of
Architectural Registration Boards
(NCARB) --- International Conference of
Building Officials (ICBO) --- Iowa
Association of Building Officials (IABO) --National Safety Council (NSC) --Iowa/Illinois Safety Council (IILSC) --National Fire Protection Association
(NFPA)
John G. Kujac, NCARB • 515-795-4001 (SE)
Iowa Lawyers Assistance Program
800-243-1533
If you or any lawyer you know has a stress, alcohol or substance abuse problem,
we can help. We are a non-profit corporation offering free assistance to lawyers
on a totally confidential basis. The personnel, phone and office are all
completely separate from the bar association.
The director of the program is trained to help. All communications with
the director are confidential under federal law.
We can’t help unless you call. We are also available to provide speakers for our local bar
association events to talk about lawyers and stress, alcohol and substance abuse.
Personal
IF DEPRESSION, STRESS, ALCOHOL
OR DRUGS are a problem for you, we
can help. We are a non-profit corporation
offering attorneys free help in a totally
confidential relationship. We are the Iowa
Lawyers Assistance Program and totally
separate from the state bar association.
Under order of the Iowa Supreme Court,
all communication with us is privileged and
private. Our director is a former lawyer, a
recovering alcoholic and drug addict. He
is a trained substance abuse counselor and an
Employee Assistance Professional (EAP). We
cannot help unless you call – 515-277-3817 or
800-243-1533 – or message (in confidence)
[email protected] All you have to do is
ask us to contact you. No other details are
necessary. We will call you. The Iowa Lawyers
Assistance Program can provide speakers for
(TF)
local bar associations. Just ask.
THE
IOWA LAWYER April 2004 37
It’s A Whole New Ball Game!
12th Bench-Bar Conference
Program Agenda
May 20, 21 & 22, 2004
Hit a Home Run by attending this year’s conference!
Join us at The Inn at Okoboji.
Thursday, May 20
2:30
Registration Opens
3:30
Warm Up
3:45
Lead-off Hitters
4:00
Dealing With Curve Balls
4:30-5:30
Pop Flies for Bench-Bar Fielders
Pro-Se Hazards on the Bench, David Sivright
Pro-Se Quandaries for the Bar, Phil Willson
Out-of-Bounds Attorneys, Ross Walters
A-Maze-in Criminal Court, Ann Brenden
Mediating Solutions, Randy DeGeest
6:00-8:00
Pre-Game Rally at The Lake Arts Center
(Reception hosted by the Court of Appeals)
Van Zimmer, Emcee
Steve Clarke, Iowa Judges Association President
Kevin Collins, Iowa State Bar Association President
Chief Justice Louis Lavorato
Friday, May 21
You Won’t Believe What You Can Find on the Internet! Jerry Spaeth & Co.
8:30
9:00
(1.5 Ethics)
Is Everybody Reading the Same Rule Book?
Panel Discussion: The Challenges of Pro Se Litigants
Pat Grady, Mark Godwin, Nancy Whittenburg, Tim McKay, and Dan Bray
10:30
7th Inning Stretch
10:45
Bullpen (Small Group Discussions)
12:00
Luncheon and program: The Vanishing Jury Trial, Bob Pratt
1:30
Social Activities (Golf, Tennis, Painting, Biking, Running, etc.)
7:30
Training Table at The Inn (Hosted by Supreme Court & Chief Judges)
8:30
Cy Young Awards (Night cap and prizes)
Saturday, May 22
38
THE
IOWA LAWYER April 2004
8:30
Team Work (Panel Discussion)
Susan Ledray, Marion Beatty, Marti Mertz, & Kurt Swaim
10:00
7th Inning Stretch
10:15
Bullpen (Small Group Discussions)
11:45
Closing: There’s Always Another Season…
12:00
Adjourn
Continuing Legal Education
Seminar Location
The Inn at Okoboji
3301 Lakeshore Drive, Okoboji, Iowa
800-831-5092
www.theinnatokoboji.com
Application has been made and
approval is pending for
8.5 State CLE
including 1.5 hours Ethics
-------------------------------------------------------------------------------------
Lawyer’s Registration Form*
Bench Bar Conference
May 20-22, 2004
*Lawyers, please use this registration form for the Bench Bar Conference. Judges will receive their registration form in
the mail. You can also register on the ISBA website at www.iowabar.org.
Name : _______________________________________________________ Me mber # ____________________
Address: ____________________________________________________________________________________
Registration Fee:
$190.00 per person
Registration fee includes: Thursday evening social, Friday morning continental breakfast, Friday lunch,
Friday dinner, and Saturday morning continental breakfast. Does not include hotel rooms.
Hotel Accommodations:
You need to make your own hotel reservations. Call The Inn Resort complex at 800-831-5092. Be sure to ask for
the ISBA special rates. $85 single or $90 double accommodations. Lakefront rooms $105/poolside rooms $115.
Recreational & Other Activities:
(Please check if interested in any of the following activities—this helps us with planning.)
Friday Golf (Team assignments & payment at conference.)
Check if interested in playing golf Thursday morning and/or Saturday afternoon. Golf committee will
contact you prior to the conference to confirm details for: Thursday
Saturday
Tennis (Payment & assignments at conference.)
Bridge Tournament
Watercolor/Painting workshop (There will be a charge for materials with payment at conference.)
Fun Walk
Fun Run
Sailing and Power Boating
Bench Bar Bikers (There will be bike rentals available) Check if interested in bike rental _____
Other Ideas or Activities you would like to see organized: _______________________________
Registration Instructions & Method of Payment:
Check enclosed
MasterCard
Visa
Credit Card #:_________________________ Exp. Date: ______
Registration Deadline:
Cancellations:
Attendance:
TOTAL DUE: $________
Cardholder Signature: _________________________________
May 7, 2004
No cancellations will be accepted nor refunds made after May 7, 2004.
This conference is for ISBA members and Judges only. Dress is casual.
Return Registration form by 5/7/04 to: ISBA CLE, 521 E. Locust St., Fl. 3rd, Des Moines, IA 50309-1939
or register online at www.iowabar.org For questions call: (515) 243-3179 or fax (515) 243-2511.
THE
IOWA LAWYER April 2004 39
ISBA Two Person Best Shot
State Championship
Sponsored by the
General Practice Section
Monday, July 12, 2004
Tournament Club of Iowa, Polk City, Iowa
Schedule of Events
Seminar (1 hour ethics CLE)
Lunch
Golf
Cash Bar, Snacks and Awards
10:30 – 11:30 A.M.
11:30 – 12:30 P.M.
12:30 P.M. Shotgun
Immediately following golf
Entry fee: $130 per player includes seminar, lunch, green fees, cart rental, driving range,
prizes and trophies.
Please Note: Entry Deadline is June 25th
No refunds after the entry deadline
Special Prize to be awarded: Free foursome round with carts
For more information on the golf course visit their website at www.tcofiowa.com.
This is an Arnold Palmer Signature Course and future home of the Allianz Tournament/Champions Tour.
Register online at www.iowabar.org.
Registration Form: Two Person Best Shot/CLE 7/12/04
Name: ___________________________________________ Member # _________ Phone: __________________
Address: __________________________________________________ E-mail: _________________________
City/State/Zip: _______________________________________________
Please indicate your average 18 hole score: _____
My golf partner is: ______________________________________________ or
_________ pair me with someone
Please check one of the choices below to aid in planning, the entry fee of $130 is the same regardless of your choice:
____ I will attend the 1 hour seminar, sack lunch and play golf
____ I will eat sack lunch and play golf
____ I will play golf only
Payment Method:
Check
VISA
Credit Card # _________________________________
MasterCard (VISA or MasterCard only)
Exp. Date ___________
Signature _______________________________
Your entry fee & registration must be received no later than June 25, 2004. No refunds after the entry deadline.
Send check and registration to: ISBA, 521 East Locust, Floor 3, Des Moines, IA 50309-1939 (515-243-3179)