THE Volume 74 Number 2 February 2014

2014 lawyer-legislators

ALSO IN THIS ISSUE • Meet the 2014 lawyer-legislators • Retired? Or want to? • Recommendations on legal education, licensure • Rockin Robin

1269_IL.indd 1 2/21/14 7:08 PM modern improvedhigher-quality bolder new

currentbetter appreciated unusual valuable sophisticated cutting-edge

important original exceptional sharpened fresh prominent bigger ANNUAL respected helpful unique vital cost-effective timely recent authentic relevantMEETINGdistinct brand-new worthwhile

stylish different useful reimagined state-of-the-art June 16 - 19, 2014 Community Choice Credit Union Convention Center 833 5th Avenue • Des Moines, 50309

Amazing new location in the From the first-rate, fantastic heart of downtown location with plenty of space for Des Moines spreading out, to the top-notch speakers, a one-of-a-kind tech Held in conjunction with the Iowa Judges Association’s show and bountiful opportunities Annual Meeting to share stories with colleagues, this year’s annual meeting will be 2nd Annual ISBA Tech Show a grand affair like you’ve never now included in Annual experienced before and can’t Meeting program afford to miss. See you June 16-19! Nationally recognized speakers such as Jay Shepherd from “The Client Revolution”

Over 50 hours of CLE offerings Guy R. Cook, ISBA President available through the track system Over $5,000 worth of wonderful prizes to be won

www.iowabar.org/event/2014AnnualMeeting

1269_IL.indd 2 2/21/14 7:08 PM modern THE CONTENTS higher-quality improved bolder new Volume 74 Number 2 February 2014 President’s letter: “22 degrees Transitions ...... 20 Published at 625 East Court below zero” – Cook ...... 4 currentbetter appreciated unusual valuable Des Moines, Iowa 50309 Classified ads...... 22 Steve Boeckman, Editor Meet the 2014 lawyer-legislators...... 7 515-697-7869 Admission on motion ...... 24 sophisticated Letters to the editor ...... 10 Retired … or hoping to be? How to contact your legislator...... 10 A lawyer’s journey – Shepherd...... 25 cutting-edge Retiring into a bright sadness – Farr ...... 26 2014 Affirmative Legislative Program...... 11 Finn Milleman scholarship – important original Blue Ribbon Committee recommends Photo & Caption THE IOWA STATE BAR ASSOCIATION changes in lawyer education, licensing...... 12 ...... 29 OFFICERS 2013-2014 Kudos...... 29 exceptional President, Guy R. Cook Election results for district sharpened nominating commissioners ...... 14 fresh prominent President-Elect, Joseph M. Feller Applause punctuates State of the bigger respected Vice President, Bruce Walker CLE opportunities...... 15 Judiciary address ...... 30 Immediate Past President, Cynthia C. Moser In Memoriam...... 31 helpful Executive Director, Dwight Dinkla Rockin’ Robin – Ipsa ...... 19 The Iowa Lawyer (ISSN 1052-5327) is published monthly except for the July-August issue by The Iowa State Bar Association, unique 625 East Court, Des Moines, Iowa 50309. AbOUT THE cOvEr Subscription included in membership fee. Non-members, THE Volume 74 Number 2 February 2014 Thirteen of Iowa’s lawyer-legislators take time out of their $40 per year. Periodicals postage paid at Des Moines, Iowa. busy schedules to pose for a photo in the Senate chamber at the

vital Postmaster: Send address changes to The Iowa Lawyer, cost-effective timely recent authentic Capitol as part of the Iowa Lawyer’s annual issue featuring lawyer- 625 East Court, Des Moines, Ia 50309. The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave., legislators. Standing (from left) are: Senator Charles Schneider, relevant distinct Des Moines, IA 50322. Telephone (515) 270-0402. West Des Moines; Representative Francis “Chip” Baltimore II, brand-new worthwhile art Director: Melissa Thompson Boone; Senator , Indianola; Representative David Classified advertising Qualifying ISBA members – 2 months free; $75 thereafter Dawson, Sioux City; Representative , Hiawatha; stylish different Non-members – $110 for 100 words per insertion. useful reimagined state-of-the-art Senator , Cedar Rapids; Representative See classified section for details. (front row), Des Moines; Representative , For Display advertising rates Contact Alex Larson (515) 238-4406, or [email protected], Windsor Heights; Representative , Cumming; or write: The Iowa Lawyer, Larson Enterprises, 2014 lawyer-legislators Representative Rick Olson, Des Moines; Senator , 909 50th St., West Des Moines, IA 50265. Ankeny; Representative , Clinton; and Representative Communicating with The Iowa Lawyer online: Send your comments and Letters to the Editor to , Fort Dodge. Not pictured are Representative Jo June 16 - 19, 2014 [email protected]. Please include your daytime Oldson, Des Moines; Representative , Cedar Rapids; phone number should we need to contact you with an Community Choice Credit Union Convention Center answer or for verification. Executive Director Dwight Representative , Charles City; and Representative Dinkla’s electronic mail address is [email protected]. ALSO IN THIS ISSUE Megan Hess, Spencer, who sat for the most recent bar exam and Assistant Executive Director Harry Shipley’s address • Meet the 2014 lawyer-legislators • Retired? Or want to? 833 5th Avenue • Des Moines, Iowa 50309 is [email protected]. • Recommendations on legal education, licensure is awaiting the results of that exam. Short biographies of each of • Rockin Robin the lawyer-legislators begin on page 7. Amazing new location in the From the first-rate, fantastic heart of downtown location with plenty of space for Iowa State bar Association board of governors Des Moines OffIcErS: DISTrIcT 3b DISTrIcT 7 spreading out, to the top-notch Guy R. Cook, President Deb DeJong Orange City 712-737-4851 Randy Current Clinton 563-242-1832 speakers, a one-of-a-kind tech Des Moines, 515-245-4300 Daniel Hartnett Sioux City 712-277-4561 Craig Oppel Muscatine 563-263-1960 Held in conjunction with the show and bountiful opportunities Joseph M. Feller, President-Elect DISTrIcT 4 Ian J. Russell Bettendorf 563-324-3246 Iowa Judges Association’s Sibley, 712-754-4654 Margaret Johnson Thurman 712-374-2751 DISTrIcT 8A Annual Meeting to share stories with colleagues, Bruce L. Walker, Vice President Robert Livingston Council Bluffs 712-322-4033 Robert Breckenridge Ottumwa 641-684-6097 Iowa City, 319-354-1104 this year’s annual meeting will be DISTrIcT 5A Ryan J. Mitchell Ottumwa 641-682-5447 Dwight Dinkla, Secretary 2nd Annual ISBA Tech Show a grand affair like you’ve never Jane Rosien Hardy Winterset 515-462-4912 DISTrIcT 8b Des Moines, 515-697-7867 Beverly Wild Guthrie Center 641-332-2900 now included in Annual Cynthia C. Moser, Immediate Past President Artemio (Mio) Santiago Fort Madison 319-372-7774 experienced before and can’t DISTrIcT 5b Meeting program Sioux City, 712-255-8838 IOwA JUDgES ASSOcIATION rEprESENTATIvE: afford to miss. See you June 16-19! Arnold (Skip) Kenyon Creston 641-782-7007 Hon. Cynthia H. Danielson, Immediate Past President I.J.A. DISTrIcT 1A DISTrIcT 5c Mount Pleasant 319-385-2538 Nationally recognized speakers Stephen Belay Decorah 563-382-2959 John Bouslog Urbandale 515-288-5000 LEgISLATIvE cOUNSEL: Steven J. Drahozal Dubuque 563-583-1940 Scott Brennan West Des Moines 515-246-7977 such as Jay Shepherd from James Carney Des Moines 515-282-6803 “The Client Revolution” DISTrIcT 1b Stephen Eckley Urbandale 515-283-4637 Beth Hansen Cedar Falls 319-232-6555 Jennifer Gerrish-Lampe W. Des Moines 515-281-8344 AbA DELEgATES: John Wood Waterloo 319-234-1766 Mark Godwin Des Moines 515-283-4110 David L. Brown Des Moines 515-244-2141 Over 50 hours of CLE offerings Guy R. Cook, ISBA President Matthew Haindfield W. Des Moines 515-246-5814 Diane Kutzko Cedar Rapids 319-365-9461 available through the track DISTrIcT 2A Debra Hockett-Clark Clive 515-247-9293 Alan Olson Des Moines 515-271-9100 Colin M. Davison Garner 641-423-5154 Ryan Koopmans Des Moines 515-283-3173 YLD OffIcErS: system Bruce Toenjes Shell Rock 319-885-4346 Thomas Levis West Des Moines 515-274-1450 Anjela (Anjie) Shutts Des Moines 515-246-5536 Ian Russell, President Over $5,000 worth of wonderful DISTrIcT 2b Donn Stanley, Jr. Urbandale 515-281-5056 Davenport, 563-324-3246 Thomas Cahill Nevada 515-382-6571 Amos Hill, President-elect prizes to be won John Jordan Boone 515-432-4510 DISTrIcT 6 Urbandale, 515-558-0136 Jerry Schnurr Fort Dodge 515-576-3977 Matthew Brandes Cedar Rapids 319-366-7641 Joseph Goedken, Secretary Allison Heffern Cedar Rapids 319-366-7641 Ottumwa, 641-682-5447 DISTrIcT 3A Robert Leinen North English 319-664-3441 Laura Parrish, Immediate Past President John Brown Emmetsburg 712-852-4215 Frank Santiago Iowa City 319-339-4218 Decorah, 563-382-4226 Ryan Mohr Storm Lake 712-732-1873 Bruce Walker Iowa City 319-354-1104 THE Iowa LawyEr February 2014 3

1269_IL.indd 3 2/21/14 7:08 PM The President’s Letter – Guy Cook ‘22 degrees below zero- I-80 closed’

It was the coldest day of the year. so unlucky to be one of those The coldest day in many years. three? Iowa was in the midst of a ground- Gratefully my number did blizzard. 20 to 40 mile-per-hour not show on the non-descript winds reduced visibility, leading to sheet taped to the testing the closing of Interstate 80. room door. The following day, It was Sunday, January 10, 1982. Friday, was a formal affair; con- Tommy Herr and I loaded up in tinental breakfast in the same his 1973 V W, with blankets over our room where the test had taken legs, (the old V W’s were notorious place, remarks by bar officials, for poor heat), and began our treacherous journey to Iowa City a swearing-in by Justice K. to take the bar exam. David Harris, and congratula- tions to those who passed. Tom Herr and Guy Cook Snow and wind whipped across the roadway, blowing the little congratulate each other bug around. The intense cold caused the interior of the windshield There was a profound sense after the swearing in. of relief. I thought back to a Tom is now a senior to fog up and freeze. As Tommy drove, I worked to scrape the ice partner at Barrett off the windshield. Several grueling hours later we made it to Iowa number of months before when I had lunch with my prospective & McNagny LLP City and the Memorial Union where the bar exam was being given. in Ft. Wayne, employer, Justice J. L. Larson, Ind. We had taken the obligatory bar review course put on at the who had hired me to be his law school and because I had been told some questions might law clerk upon graduation. His come from recent Iowa cases, we had read the recent Iowa remarks rang in my head: “Don’t worry about appellate decisions. that bar exam, you don’t need to pass that for When we arrived at the Union Sunday this job.” And I thought to myself, “Right, I will evening for the orientation meeting of test- be the only takers with the bar examiners, we were in- law clerk working for the Court that puts formed the board had decided to delay the on the test who failed the exam.” start of the exam from Monday morning to In any event the test was behind me. My mid-day Monday. Presumably to allow for clerkship did not start for nearly seven months test-takers who had not yet arrived to make so I associated with a firm and began practicing it to the testing site. Well-intentioned, but law immediately. First class transportation to silly and painful for those who had arrived. the bar exam. If you weren’t there you didn’t know, and if As I reflect back on the process of studying you were there you were ready to go. for and taking the bar exam, I cannot really re- member anything from the bar review or the Sunday night and Monday morning was an awkward, disorient- questions posed. Did I learn anything in the ing, hurry-up-and-wait time for the bar exam to start. process? Maybe about myself, but not the law. Eventually the test was underway. Keith Richardson, then Clerk What I did learn was how to get the of the Iowa Supreme Court, presided. The test was in the large edge on a test, or more accurately, how to successfully pass the main ballroom at the Iowa Memorial Union, hardwood floors, test. A number of years later I had the good fortune of serving as tables spread about with 2 to 4 test-takers at a table. All essay a grader of the exam, struggling to read the handwriting of the questions, over 2 1/2 days with five sessions, 25 questions to be test-takers. answered. The bar exam has stood for many years as a quintessential rite You could hear an occasional odd sound from the bathroom, a of passage. sigh or a wadding of paper, but otherwise it was quiet except for the beginning of each session when Keith would slowly march to the When I was given the honor and responsibility of serving as the stage at the front of the room, bend over close to the microphone, 127th ISBA President, among my goals was to foster the success and say in a low voice “Same rules apply,” meaning answer five of of the next generation of Iowa lawyers. This goal is particularly the seven questions. important given the digital revolution occurring in our practices, and the strains and stresses put on law students coming behind us The test was finished Wednesday afternoon. A number of us with crushing debt loads and challenging job prospects. “celebrated” not the results, but that the test was over. Thursday, approximately mid-day, the numbers of those who had failed were As a consequence, I appointed a Blue Ribbon Committee posted on a single sheet of paper taped on the door outside of the of lawyers and judges from across the state, young and old, to exam room. If your number was not there, you had passed. The examine the current methods of educating and licensing the next test pass rate was very high, as only three from my class had failed. generation of attorneys. The Blue Ribbon Committee member- I remember thinking as I stepped off the elevator, regardless of my ship, led by David L. Brown, was profiled in the November issue of efforts, the odds seem to be in favor of passing. How could I be The Iowa Lawyer. Not only does the committee include prominent lawyers and judges from around the state, but the deans of both 4 THE Iowa LawyEr February 2014

1269_IL.indd 4 2/21/14 7:08 PM law schools, Judge Mary Tabor of the Iowa Court of Appeals, and ex-officio member Justice Thomas Waterman. “ No idea is so outlandish that it should not be considered.” The committee met with no preconceived notion or agen- – Winston Churchill da other than to bring together stakeholders to explore what could be done in legal education and licensing for the next generation of lawyers. A collaborative effort was undertaken. The essays cannot measure functional mastery of subject areas, committee met over six months. In December 2013 the committee judgment, compassion, or preparation to help clients. unanimously approved a recommendation moving Iowa away from While the bar exam test does serve as a final rite of passage, some the multi-state bar exam in use for the past five years and adopt- might even say hazing, I would suggest no one really remembers ing the uniform bar exam (UBE), portable in 14 states. The Blue anything they learned for the bar exam. Instead, the exam serves a Ribbon Committee also recommended that students who success- number of other functions: fully completed three years of specified coursework by the Iowa (1) It enriches bar prep services, as well as testing services, Supreme Court at Drake University Law School or the University of and graders of the exam; Iowa College of Law be admitted to the Iowa bar without taking a bar exam, or what is known as the diploma privilege. (2) It delays ambitious, energetic, and qualified graduates from entering the market after completing three years of law The recommendations were then taken to the full Board of school; Governors and were actively debated at its meeting in December. Following debate, the Board of Governors also voted unanimously (3) It keeps these graduates in limbo for a number of to approve the recommendations put forth by the Blue Ribbon months, wondering whether they have passed or whether Committee. they will have to repeat the test. The recommendations have now been submitted to the Iowa The Blue Ribbon Committee’s proposal is not about eliminating Supreme Court for its review and study, and have been assigned to the measure of competence for new lawyers. Instead, it is just the a sub-committee of justices on education and licensure made up of opposite. It places at its core the power to determine competency Justice Daryl Hecht and Justice Bruce Zager. It is anticipated that in the hands of the Supreme Court, in collaboration with the law in due course during its administrative session, the Supreme Court schools. The proposal ensures that a student who successfully may open the recommendation for public comment. completes three years of specified coursework, including course- work on Iowa law and procedure, meets the fitness and character The full report and recommendations of the Blue Ribbon requirements presently necessary, and completes an ethics exam Committee can be viewed on page one of the ISBA website. while in law school, can be granted the diploma privilege. Please also see the story on page 12 of this issue. For those students who wish to take a bar exam or believe The proposal is a bit counterintuitive. When I first heard of the they may practice somewhere other than Iowa in the future, the possible proposal, I had some skepticism. proposal moves away from the multi-state exam and adopts the The State of Wisconsin has used the diploma privilege for uniform bar exam portable in 14 states. graduates from the University of Wisconsin and Marquette Univer- If a degree from one of our two excellent law schools in Iowa sity for many years with success. I was surprised to learn Professor does not serve the basic competency function, then we as a pro- Beverly Moran, then with the University of Wisconsin Law School, fession should perhaps look at the curriculum these law schools published a law review article more than 13 years ago entitled The provide instead of insisting upon a bar exam, which is essentially Wisconsin Diploma Privilege: Try It, You’ll Like It, 2000 Wisconsin a memorization test. Law Review 645 (2000). The article is a review of the history of the bar exam, the diploma privilege and the question of the use The Blue Ribbon Committee’s diploma privilege proposal does of the diploma privilege. Noteworthy, it concludes some states, just that. The diploma privilege is offered as a sensible alterna- not all, might do well to reconsider re-establishing the diploma tive to the bar exam, with many positive consequences. It reduces privilege, and names Iowa among the states that should consider student debt, stops the brain drain and increases access to justice the diploma privilege in the future. in rural areas, to name a few. While reasonable people can disagree, just ask my wife, Cyndi, Let me speak to some of the comments critical of this proposal. I also appreciate there are some among us who have rather strong The bar exam weeds out incompetent applicants. The Iowa pass feelings on the subject of a bar exam. A notable example is one of rate is significantly high, most recently in the 94 percent range. On my partners who said, “I don’t think you want to engage me on that its face the bar exam is not weeding out very many. Additionally, subject.” We nevertheless owe it to the next generation to explore, revisit and review the processes and traditions we have in place. Are there things we can do better? Is there a way to enhance the competency and practice of our next generation of lawyers? With those objectives, I ask that you keep an open mind as this proposal works its way through the Supreme Court and perhaps is opened up for public comment. A few key points are worth noting: (1) The current bar exam administered tests one’s ability to answer 200 multiple-choice questions and eight essay ques- tions from a third-party testing service. Most notably the exam does not test on any Iowa law. (2) Regrettably a 200- multiple-choice test and a handful of Some members of the Drake University Law School class of 1982 gather for a group photo. THE Iowa LawyEr February 2014 5

1269_IL.indd 5 2/21/14 7:08 PM of the six percent who take the bar exam a testing what has already been tested in a law for high-quality lawyers and the practical second time, more than half are successful. student’s career. necessity of an ABA accreditation are major Rather than testing for competency, the The bar exam motivates students to work influences on law school standards even if bar exam is essentially an achievement test hard in law school. This statement assumes there is no bar exam. that does not test what lawyers actually do. no other stimulants are adequate, such as The bar exam provides students with a There is strong scholarly evidence that sug- law school exams, pressure to maintain beneficial comprehensive review of the law. gests the bar exam merely verifies what has high grades for prestige and employability, The bar exam primarily tests an applicant’s already taken place in law schools. Research pressure to be prepared when called on in ability to recall and recite legal rules. Stu- sponsored by the American Bar Association class, or pressure to maintain a minimum dents prepare for the bar exam by attending has found that law school grades strongly grade point to maintain a scholarship. cram courses which are primarily focused on correlate to bar exam pass rates. Moreover, Some argue if the bar exam is elimi- how to pass the test. They do not provide a research has indicated the law school admis- nated, law schools will rapidly deteriorate. framework to understand the law and retain sion test (LSAT) scores also correlate to bar This overlooks the fact the bar exam is the information after the exam. That is pre- exam pass rates. Thus, it can be argued if not the only mechanism to maintain high cisely what occurs in law school. If lawyers the exam tests legal competency, it is merely law school standards. The legal market were required only to rely upon information they retain in their heads to counsel clients, then some sort of comprehensive review might be worthwhile. Sole reliance on what attorneys know off the top of their heads is not the real world, normal or wise. I encourage you to review the materi- als posted on the ISBA website to be fully disCoVer tHe membersHip informed on this subject. Frequently it adVantage. 401(k)s BUILT seems to me some of those who are “most- passionate” about a subject are those who EXCLUSIVELY FOR LAW FIRMS. know the least. I would suggest you review the excel- lent editorial by the Cedar Rapids Gazette editorial board titled “Skip the Bar Exam? Maybe.” The editor starts from nearly the same point I did with skepticism and concern about the proposal. As the Cedar Rapids Gazette concludes, “Any rush to judg- ment on this proposal would be a mistake. It’s a big change, though we concede, upon further review, it could be a positive one.” The fact that we do not consider, discuss or review possible change is an indictment of our profession -- our blind conservatism and fear of change. I can remember in my early years the debate over reducing the size of legal documents from “legal size” to 8 1/2 by 11. There were many who resisted the The aba retirement funds program (“the Program”) change, merely because it was a change. I was created as an American Bar Association member benefit admit I might have been one of those folks. Indeed, I still have a number of “legal size” in 1963. The size and strength of the Program’s membership yellow pads in my desk drawer. means you have access to a comprehensive and affordable Nevertheless, we should explore innova- retirement plan no matter the size of your firm. tive and new ways to make our profession better, particularly for the next generation Call an ABA Retirement Funds Program Regional Representative today! of lawyers and citizens of our state. We can (866) 812-1510 I www.abaretirement.com I [email protected] and must do better. As always, feel free to reach out to me at any time with any comments, complaints, or suggestions. I welcome them. My email: [email protected]. The Program is available through the Iowa State Bar Association as a member benefit. This communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a request of the recipient to indicate an interest in, and is not a recommendation of any security. Best regards, Securities offered through ING Financial Advisers, LLC (Member SIPC). The ABA Retirement Funds Program and ING Financial Advisers, LLC, are separate, unaffiliated companies and are not responsible for one another’s products and services. CN0311-8583-0415

Guy R. Cook 6 THE Iowa LawyEr February 2014

1269_IL.indd 6 2/21/14 7:08 PM Meet the 2014 lawyer-legislators (Editor’s note: Sixteen lawyer-legislators and one Senator Rob Hogg – Committees: Commerce, Economic Growth, law school graduate who took the bar exam this District 33 – Democrat Judiciary, State Government, Ways and Means month are serving in this second biennium of Rob is serving his second Subcommittees: Economic Development Iowa’s 85th General Assembly. Thirteen of the 17 term in the Senate after Appropriations serve in the House and four in the Senate. Nine e-mail: [email protected] have served at least one full term and are in their serving two terms in the second or more terms. Eight are serving their first House. He received his B.A. degree from terms. The speaker of the House is a lawyer-legis- the University of Iowa in 1988, his M.A. Senator Jack Whitver – lator. Lawyer-legislators also chair the judiciary from the University of Minnesota in 1991, District 19 – Republican committees in both houses. They are listed below, and his J.D. from the University of Min- Owner of Fast Enterprises, along with a brief biography and the committees nesota in 1995. Rob is a resident of Cedar Inc., Jack is serving his first which they lead or on which they serve for the 2014 Rapids and practices with Elderkin & term in the Senate. Born session. Their e-mail addresses are also included Pirnie, PLC. He and his wife, Kate, have and raised in Knoxville, he graduated for ease of contacting them.) three children. He serves on the board of directors of Iowa Interfaith Power & Light and is the acting co-chair of the Cedar What’s Your In the Senate – River Watershed Coalition. Last spring, he completed a book on climate change en- Farm Worth? Senator Julian Garrett – titled: “America’s Climate Century: What District 13 – Republican Climate Change Means for America in the A resident of rural Indi- 21st Century and What Americans Can anola, Julian is serving his Do about It.” He is a member of Christ first term in the Episcopal Church and the Iowa State and after serving one and a half terms in the Linn County Bar Associations. Iowa House. He is a graduate of Central Leadership positions: Chair, Senate Judiciary College in Pella, and the University of Committee; Vice-Chair, Justice System Appro- As part of the nation’s leading Iowa College of Law where he received priations Subcommittee agricultural services company, his J.D. in 1967. As an attorney, he served Committees: Appropriations, Education, I have the resources to answer 12 years as assistant attorney general in Judiciary, Natural Resources and Environment, charge of consumer protection. He also this question for you. Ways and Means Call me today! served 10 years as director of the Title Subcommittees: Justice Systems Appropriations Guaranty Division of the Iowa Finance e-mail: [email protected] Authority. He has had law offices in Des Moines and Indianola over the years. In Senator Charles Schneider – addition, Julian farms in southern War- District 22 – Republican ren County where he has raised purebred Charles is serving his first Charolais cattle for many years. A vol- term in the Senate after a unteer Little League and soccer coach special election late in the for more than 12 years, Julian served on fall of 2012. He was born in Davenport the Indianola Little League Board of and has lived in Muscatine, Clive, Newton Jim Rothermich Directors and directed the County Little and Richmond, Va. He received his B.A. Certified General Appraiser League post-season tournament for War- from Creighton University in Omaha, ren and surrounding counties for several and his J.D. and M.B.A. degrees from the years. Until late last year, Julian served on University of Iowa. An attorney at Principal the Child Support Advisory Committee, Financial Group, he has served on the the Human Rights Board and the Elder boards of numerous community and civic 1-800-798-4509 493-9865 [email protected] Abuse Prevention and Intervention Study organizations including Central Iowa Shel- Committee. He and his wife, Nancy, have ter and Services (Churches United), West three sons. Des Moines Development Corporation, Leadership positions: Ranking member, West Des Moines Chamber of Commerce, Government Oversight Committee; Rank- Metro Waste Authority, and Wastewater ing member, Justice System Appropriations Reclamation Authority. He and wife, Lisa, www.FarmersNational.com Subcommittee live in West Des Moines where Charles was Real Estate Sales • Auctions Committees: Appropriations, Government a city council member for five years before Farm and Ranch Management Oversight, Judiciary being elected to the Senate. Appraisal • Insurance • Consultation Subcommittees: Justice Systems Appropriations Leadership positions: Ranking Member, Oil and Gas Management e-mail: [email protected] Judiciary Forest Resource Management National Hunting Leases Lake Management • FNC Ag Stock

THE Iowa LawyEr February 2014 7

1269_IL.indd 7 2/21/14 7:08 PM from Grinnell High School and received Judiciary, Public Safety Office, PLC. She is active in the Spencer his B. S. and M.B.A. degrees from Iowa Subcommittees: Justice System Appropriations Daybreakers Kiwanis and Keep , and his J.D. from Drake E-mail: [email protected] Beautiful board. University. He practices law with Whitaker Leadership positions: Vice Chair, House Hagenow & Gustoff LLP in Des Moines. Representative Stan Judiciary He also serves on the boards of the Iowa Gustafson – District 25 Committees: Education, Environmental Protec- Law Enforcement Academy, the Council – Republican tion, Human Resources, Judiciary on Human Services, the Healthy and Well Stan began serving his first Subcommittees: Justice System Appropriations Kids in Iowa and the investment board of term in the Iowa House less E-mail: [email protected] the Iowa Public Employees’ Retirement than a week after his victory in a special System. He and wife, Rachel, and their two election held Jan. 7. A resident of Cum- Representative Brian children live in Ankeny. ming, he is a retired lieutenant colonel with Meyer – District 33 Leadership positions: Republican Whip the U.S. Marine Corps who used the GI Bill – Democrat Committees: Economic Growth, Human to attend law school. He opened his own Brian is serving his first Resources, Judiciary, Rules and Administration practice focusing on international law. Stan year in the Iowa House after E-mail: [email protected] and his wife, Betty, who is a Dallas County being elected last fall to fill the vacant native, retired to Madison County to be seat created by the resignation of Kevin closer to their grandchildren. McCarthy. A Drake Law School graduate, In the House – Leadership positions: Vice Chair, Justice Brian is a former assistant Iowa attorney System Appropriations Subcommittee general and former assistant Polk County Representative Francis Committees: Appropriations, Human Resourc- attorney. Presently he is a solo practitioner “Chip” Baltimore II – es, Judiciary, Veterans Affairs in south Des Moines. He served on the District 47 – Republican Subcommittees: Justice System Appropriations Des Moines City Council from 2006 until Chip is serving his second Email: [email protected] his election to the Iowa House. He is a term in the Iowa House. A former member of AFSCME, Local 1868, resident of Boone, he is general counsel Representative Chris and the Iowa National Guard. He and his and a trust officer for Boone Bank and Hagenow – District 43 wife, Ann, live in southeast Des Moines Trust Co. He received his B.A. in Business – Republican with their two daughters. Administration from Iowa State Univer- Chris is serving his third Committees: Commerce, Judiciary, sity and his J.D. from the University of term in the Iowa House. A Transportation Minnesota Law School in 1993. Chip is a resident of Windsor Heights, he received Subcommittees: Justice System Appropriations past director of Boone’s Future Economic his B.A. in Political Science and French E-Mail: [email protected] Development organization, past president from the University of Northern Iowa and director of the Boone County Com- in 1994, and his J.D. from the University Representative Helen munity Endowment Fund, past member of of Iowa College of Law in 1997. He is a Miller – District 9 the Sacred Heart Church Finance Com- founding partner of the Des Moines law – Democrat mittee and a past director of the Boone firm Whitaker, Hagenow & Gustoff, LLP in Helen is a sixth-term mem- Area Chamber of Commerce. He and his Des Moines. Chris currently serves on the ber of the House. She has wife, Diana, have a son and a daughter. Steering Committee for the Iowa Federalist a B.S. in Business Administration from Leadership positions: Chair, House Judiciary Society, and is a member of the Iowa Prayer Howard University, an M.S. in Library Sci- Committee Breakfast Committee. He and his wife, ence from Our Lady of the Lake Univer- Committees: Commerce, Economic Growth, Amanda, have three children. sity and a J.D. from Georgetown University Judiciary, Ways and Means Leadership positions: Majority Whip Law Center. A resident of Fort Dodge, she Subcommittees: Justice System Appropriations Committees: Administration and Rules, Judi- is the executive director of Young At Art, E-mail: [email protected] ciary, State Government, Ways and Means an all-volunteer nonprofit organization E-mail: [email protected] that promotes economic development Representative David through the arts. She also serves on the Dawson – District 14 Representative Megan boards of Young at Art, Inc., and the – Democrat Hess – District 2 Iowa International Center. Nationally she Currently a sole practitio- – Republican serves as chair of the Agriculture Policy ner in Sioux City, Dave was A prospective member of Committee of the National Black Caucus born in Cherokee and grew up in Washta. the Iowa Bar, Megan gradu- of State Legislators, is Chair of Women He received his B.S. degree from Iowa ated from William Mitchell College of in Government, and is a member of State State University and his J.D. from the Law with a J.D. and took the bar exam this Agricultural and Rural Leaders, Inc., She UCLA School of Law. He currently serves month. She is awaiting the results of the and her deceased husband (Dr. Edward on the board for the Community Action exam due out in April. Megan is serving Miller) have one son, two daughters and Agency of Siouxland. He and his wife, her first term in the Iowa House. She pres- five grandchildren. Liza, and three children reside in Sioux ently resides in Spencer but will move to Leadership positions: Ranking Member, City. This is his first term in the House. her fiancé’s family farm after their August Agriculture Committee Committees: Commerce, Human Resources, wedding. She works with Hemphill Law Committees: Agriculture, Economic Growth,

8 the Iowa Lawyer February 2014

1269_IL.indd 8 2/21/14 7:12 PM Natural Resources, Transportation Bohemia Arts and Culture District. He is a Charles City. Todd serves on The Learn- E-mail: [email protected] founding director of Corridor Free Wire- ing Center Board of Directors, and is also less, Inc. He has a son and a daughter. a member of the Charles City Lions Club. Representative – Committees: Appropriations, Environmental Committees: Administration and Rules, District 41 – Democrat Protection Agriculture, Judiciary, State Government, Ways Jo is in her sixth term in E-mail: [email protected] and Means the House. She is a former E-mail: [email protected] first deputy insurance com- Representative Kraig missioner and former advisor to Governor Paulsen – District 67 Representative Mary Wolfe – Thomas J. Vilsack. She has a B.A. and a – Republican District 98 – Democrat J.D. from Drake University. Jo currently A resident of Hiawatha, This is Mary’s second term serves on the board of the Des Moines Kraig is in his sixth term in in the Iowa House. A resident Pastoral Counseling Center. She was the House. He earned his B.B.A. at Iowa of Clinton, she practices law president of the Young Women’s Resource State University, his M.B.A. from Embry with her father, where she handles primar- Center Board of Directors, and has been Riddle Aeronautical University and his ily criminal defense and Chapter 7 bank- active in fund raising for a number of J.D. from the University of Iowa College ruptcy. Mary received her B.A. in English community organizations. She is a class- of Law. Kraig is the corporate counsel at from the University of Iowa in 1989, and room volunteer at Greenwood Elementary CRST International, Inc. He and his wife, her J.D., also from the U of I, in 1992. School. Jo and her husband, Brice Oakley, Cathy, have four children. Some of her favorite legal topics include reside in Des Moines. Leadership positions: Speaker of the House the constitution, the bill of rights and an Leadership positions: Ranking Member, Ways Committees: Administration and Rules independent judiciary. She has one son, and Means Committee E-mail: [email protected] John, who is a freshman at the University Committees: Commerce, Judiciary, Ways and of Iowa College of Engineering Means Representative Todd Leadership positions: Ranking Member, E-mail: [email protected] Prichard – District 52 House Judiciary Committee – Democrat Committees: Judiciary, Public Safety, Representative Rick Olson This is Todd’s first term in Transportation – District 31 – Democrat the Iowa House following a Subcommittees: Transportation, Infrastructure, This is Rick’s fifth term in special election in January a year ago. He and Capital Appropriations the House. He received his works as the lead drug prosecutor in the E-mail: [email protected] undergraduate and law de- Floyd County Attorney’s office, and owns grees from Drake University. A resident of his own general practice law firm, Prich- Des Moines, he serves on the Polk County ard Law Office, Magistrate Appointing Commission. He is P.C., on Main a former member of the Polk County-wide Street in Charles BOUTIQUE ADVISORY FIRM Oversight Committee, and former board City. An Infantry member of the Iowa Horsemen’s Benevo- Officer in the WITH A NATIONAL REACH

lent Protective Association. He and his Iowa National Offering business appraisal, financial advisory, litigation support and wife, Brenda, have three daughters. Guard, Todd related professional services to clients across the Committees: Administrative Rules Review, started his mili- Combined, our team represents approximately 30 professionals and over 100 Judiciary, Public Safety, Transportation tary service in years of experience Subcommittees: Justice System Appropriations the Army in 1996 E-mail: [email protected] and has deployed Call one of our professionals in Des Moines: overseas four Representative Tyler Olson – times, including District 65 – Democrat a tour in Iraq. This is Tyler’s fourth term He attended

in the Iowa House. A Cedar the University Duane Chad Phil Greg Brian Rapids native, he received his of Iowa for his Tolander Hoekstra Schneider Patterson Crotty B.A. in government and history in 1998 undergradu- CPA/ABV, CPA/ABV, JD, CPA, ASA ASA ASA, CBA, CVA ASA, CFF CFE, MBA from Claremont McKenna College, and ate degree and his J.D. from the University of Iowa Col- J.D. Todd and lege of Law in 2003. Currently, he works his wife, Ann, DVISORS as the vice president for Paulson Electric have three HDH A LLC Company, a fourth-generation family busi- children and Business Appraisal | Litigation Support | Financial Advisory | Consulting ness with offices in Cedar Rapids, Water- live in Charles loo and Dubuque. He is a member of the City. The fam- www.hdhadvisorsllc.com Cedar Rapids Rotary and past member of ily attends St. the board of directors of the Neighbor- John Lutheran ATLANTA | 2002 Summit Boulevard, Suite 950, Atlanta, Georgia 30319 | 770.790.5000 DES MOINES | 1601 22nd Street, Suite 305, West Des Moines, Iowa 50266 | 515.225.3796 hood Revitalization Service and the New Church in MINNEAPOLIS | 100 South 5th Street, Suite 1932, Minneapolis, Minnesota 55402 | 612.254.9574

the Iowa Lawyer February 2014 9

1269_IL.indd 9 2/21/14 7:12 PM Letters(Editor’s note: President Guyto Cook’s letterth on work-life e Editor balance, “Am I going to die?” in the January 2014 Iowa Lawyer, and his letter in the December 2013 issue on the vanishing jury trial generated more responses than the magazine has ever received – at least in recent history. People from all over the country sent emails to him, mostly on the work-life balance letter in the January issue. Most said the message about his 20-year-old son John’s death and how his death caused Cook to reflect on his own mortality and evaluate what he will do with the rest of his time on earth, prompted them to do some internal soul searching themselves. Space only permits publishing a couple of the messages. These two were chosen as representatives of the two topics from the many messages that were sent.)

To: Guy Cook, Most important, I think we need to remember a judge is a Just wanted you to know that, even with 962 miles from jury of one, who we cannot voir dire, who we cannot strike, my driveway to the Polk County Courthouse, I look forward who will do his/her level best but is after all human and so to keeping up on practice and life in Iowa. I have enjoyed will bring to the table all past experiences as a decision is the last two editions of the Iowa Lawyer as much as any I can being made. There is much to be said for the fact that the recall. collective intelligence of a group exceeds that of the smart- Thanks for sharing John with all of us. My heart goes out est member. Sitting a group down to take an oath, listen to you and your family as do my prayers. to the evidence, listen to the law and then decide how to As each year passes, our perspective on life and our time resolve a dispute is still the best system I know. (Other than here changes. (I believe I have several years on you in that allowing me to decide.) regard.) I truly believe we are blessed to have had all the Thanks for the time you are taking to lead us on but opportunities and experiences we have had, some of which mostly thank you for sharing John with us. are very hard to get our arms around or to understand the why of as they occur. There is much to be said for the David L. Charles making of lemonade out of all lemons, though that seems Billings, Montana impossible at times. The diminishing jury trial and lack of opportunities for the next generation is something I have struggled with over Mr. Cook, the last 20+ years as all of us have. Thankfully, I have been When you open your heart as you did with your Presi- able to pick two juries in Polk County the last two years dent’s letter in the Iowa Lawyer this month, your generosity and a number of juries elsewhere in that time. Hopefully I produces waves of compassion and insight that reach far figure out it is time to hang it up before someone else must beyond the membership of ISBA. Because of the spirit of do that for me. life you described in your letter, the stress from the pile of I do think it important that we offer to speak with young papers on my desk lifted -- replaced with calm satisfaction lawyers regularly about the process in an effort to give them to have good work to do; because of your letter, my husband some advance familiarity with what they will face. (We will face a freshly appreciative wife after work today, the humans have less fear of the known than we have of the un- daily phone call to my mother will be less rushed, I’ll listen known.) For those of us who work in an environment with more carefully when friends call. a number of different younger lawyers, I believe it important Thank you. to work with as many different ones as we can. (It is harder to teach the same things again and again rather than work- Jackie D. Armstrong ing with someone who knows what we want but important to Mason City give them all whatever perspective we can offer.)

HOW TO CONTACT YOUR LEGISLATOR It is very easy to communicate with your local representatives and senators. You can do it by mail, phone, email or meeting with them back in your home district. Here’s how to reach state lawmakers during the legislative session: SENATORS: Call: (515) 281-3371 to reach the Iowa Senate switchboard. Fax: Senate Chambers (515) 242-6108 Secretary of Senate (515) 242-5212 REPRESENTATIVES: Call: (515) 281-3221 to reach the Iowa House switchboard. Fax: House Democrats (515) 281-5868 House Republicans (515) 281-6985 E-MAIL: A list of legislators and their e-mail addresses, as well as home contact information, is on the Web at www.legis.iowa.gov. Legislators read their e-mail. This is a great way to communicate with them. MAIL: Send mail to members of the Legislature at the State Capitol, Des Moines, IA 50319. WEB ACCESS: See 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.iowa.gov.

10 the Iowa Lawyer February 2014

1269_IL.indd 10 2/21/14 7:12 PM IOWA STATE BAR ASSOCIATION — 2014 Affirmative Legislative Program

Bill No. Bill Subject Bill Description Bill Status

HSB 599/ Recording of Claims Provides a mechanism to validate active claims of interests in mineral rights in real estate, while allowing dormant claims, for 2/3/14- HSB 599 referred to House SSB 3175 Involving Mineral Rights which renewed claims have not been recorded, to expire. Provides the owner of the remaining real estate with a means to clear Judiciary Committee. 2/3/14- SSB in Real Estate title from the encumbrance of dormant mineral rights. Affirms the statutory requirement to subject the separate interest in 3175 referred to Senate Judiciary minerals to taxation and establishes a procedure for filing a verified claim to maintain an interest in minerals. Provides that if Committee. a verified claim is not timely recorded, the person claiming the mineral rights interest is barred from asserting the claim in any court against the holder of record title in possession of the real estate.

HSB 573/ Stale Uses and Rever- Amends the “Stale Uses and Reversions Statute” to define various sets of uses that are not barred by Iowa Code Section 1/28/14- Referred to House & SSB 3115 sions/ Use Restrictions 614.24 after 21 years, and that are not subject to renewal by verified claim. Senate Judiciary Committees. on Land 2/6/14- HSB 573 approved by House subcommittee.

HF 546/ Marital Agreements Amends Code Chapter 596 to allow for “marital agreements” between present spouses, which include amendment of 3/19/13- SF 369 passed Senate, SF 369 premarital agreements & creation of new marital agreements. Marital agreements are limited to “post-death matters” only. 48-0. 4/12/13- Referred to House Judiciary Committee. 2/3/14- SF 369 re-assigned to subcommittee.

HSB 583/ Perpetuities in Condo- Clarifies that the terms, conditions, covenants, and provisions of the documents creating and regulating a multiple housing 1/29/14- Referred to House Judiciary SF 3134 miniums and Multiple cooperative or horizontal property regime (condominium) shall continue and remain in full force and effect for so long as Committee. 1/30/14- SSB 3134 Housing Cooperatives the coop or condominium is in existence, unless amended or terminated as provided in the governing document or Code approved by Senate subcommittee. Chapters 499A or 499B.

SSB 3082 Joint Tenancies Adds language to Code Section 557.15 which (a) creates a presumption in favor of a “joint tenancy with a right of survivor- 1/30/14- Approved by Senate ship” if a conveyance is made to two or more persons who are married or where the terms “joint tenants” or “their survivor” Judiciary Committee. are used in the conveyance instrument; and (b) creates a presumption of severance of the Joint Tenancy with Rights of Survivorship upon an order of dissolution, annulment, or separate maintenance pursuant to Code Section 598.21.

HSB 584 Notice of Garnishment Amends Code Section 642.14, “Notice of Garnishment”, in response to the federal decision in New v. Gemini, finding this 1/29/14- Referred to House statutory provision unconstitutional. Judiciary Committee.

HSB 529 Miller Trusts Raises the Miller Trust upper limit to 125% of the average statewide charge for nursing facility services to private pay 2/14/14- House Human Resources residents, which allows more individuals to utilize the Miller Trust to pay for the cost of nursing facility care without having to Committee approved. 2/5/14- take extraordinary measures to adjust their monthly income. Placed on House calendar.

HF 2129 Capital Gains Exclusion Amends Code Section 422.7(21)(a) to expand the definition of “sale of a business” to include the sale of all or substantially all 2/3/14- House Judiciary Commit- of the intangible property, stock or equity interests in the business. tee approved. 2/4/14- Referred to Ways & Means Committee.

SF 2168/ Uniform Power of Replaces Iowa’s current “Powers of Attorney” statute (Chapter 633B) with the Uniform Power of Attorney Act, which contains 2/12/14- SF 2168 approved by HSB 625 Attorney Act Iowa-specific amendments. Senate Judiciary Committee. 2/13/14- HSB 625 approved by House subcommittee.

HSB 608/ Iowa Business Based upon the ABA amendments to the Model Business Corporation Act, amends Code Sections 490.730 and 490.732 2/12/14- HSB 608 approved by SSB 3157 Corporation Act Update to remove the 10-year limits on the duration of voting trust agreements and shareholder agreements. Adds a new division House Judiciary Committee. placed Amendments (Code entitled “Social Purpose Corporations” to Chapter 490 which authorizes corporations to opt in to a legal structure that on Senate calendar. 2/13/14- SSB Chapter 490) expressly expands the purpose of the corporation beyond advancing the pecuniary interests of its shareholders by allowing 3157 approved by Senate Judiciary directors to consider environmental, societal, or other impacts of corporate activity. Committee.

HSB 581/ Probate Code Update Amends Iowa Probate Code Section 633.295 (Testimony of Witnesses) to allow execution of the self-proving will affidavit 2/11/14- approved by House SF 2169 any time after the will-signing ceremony. Currently, this statute cannot be used to execute a self-proving affidavit before subcommittee. 2/12/14- SF 2169 the testator’s death; Amends Code §633.356 (Distribution of Property by Affidavit); Amends Code § 633.432 (Relating to approved by Senate Judiciary situations where an estate personal representative files a claim in the estate) to allow temporary administrators to limit their Committee & placed on Senate reports to a simple disallowance of the claim, which will quickly defer the decision to a judge. calendar.

HSB 572 Electronic Recorda- Developed from the Uniform Act on the Recordation of Custodial Interrogations. Provides for the electronic recording of the 1/28/14- Referred to House tion of Custodial entire process of custodial interrogation. Judiciary Committee. Interrogations Revised as of 2/14/14

In addition to the above legisltive proposals, The Iowa State Bar Association supports the following positions as a part of its 2014 Affirmative Legislative Program: • Full funding of indigent defense and adoption of legislation providing for an automatic, periodic • Child abuse prevention and treatment efforts and funding for child abuse prevention and treatment. increase in indigent defense fees. • Opposition to the legalization of title insurance. • Full funding of the Judicial Branch. • Opposition to any proposal to restrict lawyer abstracting under Iowa Title Guaranty. • Full funding for Legal Services. • Opposition to absolute immunity legislation. • Full funding for the Office of Substitute Decision Maker to protect the interests of Iowans who have no one else to manage their financial and health care needs.

the Iowa Lawyer February 2014 11

1269_IL.indd 11 2/21/14 9:10 PM Blue Ribbon Committee recommends changes to Iowa’s current process of legal education, licensure Last December, The Iowa State Bar Asso- 3. Adopt the Uniform Bar Exam (UBE) areas, including rural areas. ciation’s Board of Governors (BOG) unani- for admission upon examination. “It also protects the public by ensuring mously approved the four recommendations 4. Revise the Iowa Basic Skills Course. that the Iowa Supreme Court, rather than a put forth by the Blue Ribbon Committee on multi-state test, determines who becomes an Legal Education and Licensure. The recommendations have been submit- Iowa-licensed attorney.” The committee, which was appointed ted to the Iowa Supreme Court which, as the Wisconsin is the only state that currently in August by President Guy Cook, was entity responsible for ensuring competency allows “diploma privilege” to students at charged with “reviewing the current man- of lawyers in the state, has the final decision its two law schools. Students who attend ner in which lawyers are licensed in Iowa on implementation. law school at Marquette University or and educated for admission,” according to The committee’s recommendations, the University of Wisconsin and take the the directive from President Cook. particularly No. 1 (above), have generated prescribed courses for admittance to the bar Specifically, the committee was to review a great deal of interest from media in the in Wisconsin are admitted without taking a the current mechanism for licensure and state and around the country. President bar exam. the basic skills test to determine if any im- Cook has been interviewed by Fox TV, the In his interviews with the various media, provements or changes should be made or if Pittsburgh (Penn.) Post-Gazette, WHO President Cook stressed some of the a major overhaul of the process is in order. Radio, the Cedar Rapids Gazette and the benefits of the diploma-privilege concept. After several meetings and an in-depth Des Moines Register to name a few of the Among those benefits: It puts the control review of research reports, law review media outlets that have shown interest. The of lawyer readiness squarely in the hands articles, and studies related to the subject Wall Street Journal and numerous national of the supreme court, rather than in a test of legal education, the committee arrived legal publications have also reported on of 200 multiple choice and eight essay ques- at its recommendations. Those recommen- the committee proposal. tions that are on the multi-state bar exam dations are: “This is an historic, innovative and Iowa has been using for the last five years. 1. Create an alternative for admission forward-thinking action that will benefit the The multi-state exam has been criticized by absent examination for qualified next generation of lawyers and the citizens many for not including questions related to graduates of Iowa law schools. of Iowa,” Cook said after the BOG decision. Iowa law. 2. Extend the comprehensive character “It will reduce the costs of becoming an The diploma-privilege approach also and fitness screening to applicants Iowa-licensed attorney, and make it easier reduces student debt because graduates admitted absent examination. for new attorneys to practice in underserved will be able to start work as licensed attor- You Handle Million Dollar Deals Every Day.

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1269_IL.indd 12 2/21/14 7:12 PM neys soon after they graduate, rather than by Rule 31.20 of all newly licensed lawyers This reduction in student loan debt spins waiting several months after graduation to within the first year of their licensure, the off other benefits, according to the report, take the bar exam, then another couple of committee recommended that candidates including allowing the students to take months to get the results. for admission without examination success- jobs in rural and public service areas where Diploma privilege stops the brain drain fully complete a two-credit-hour course in salaries may be lower. because Iowa-trained students will be more Iowa legal practice and procedure during The report concludes with the statement likely to stay in the state and start their prac- law school in lieu of the Basis Skills Course. that the committee’s proposal is “innovative, tices. And, it increases access to justice. Candidates from non-Iowa law schools, but it is not unprecedented.” The neighbor- Iowa law school students would be able to those already licensed in other jurisdictions ing state of Wisconsin for generations has take the Uniform Bar Exam (UBE) if they where the jurisdiction doesn’t have reci- had what is being proposed for Iowa, and its choose. This exam, which many states are procity or the candidate doesn’t qualify for experience “has been very positive. moving to, gives the students opportuni- reciprocal admission, and those who don’t “There has been no other state bar ties to practice in states where the UBE is qualify for admission without examination association in the country that has formed recognized. Currently, 14 states fall into under Rule 31.20 would still need to take a broad-based committee representing that category. the Basic Skills Course. the law schools, the bench and the bar in Students who attend law school outside the The committee acknowledges in its report evaluating bar licensing and admission state but want to practice in Iowa would also that its recommendations would not be ap- procedures,” said Committee Chair David need to take the UBE under the recommen- propriate in every jurisdiction. In order for L. Brown. “The opportunity to change the dations from the Blue Ribbon Committee. the recommendations to work, law schools course on bar licensure is a huge advance- In its No. 2 recommendation, the com- must have a history of educating students ment in Iowa and has the potential to mittee addressed concerns some have raised who pass the bar exam in consistently high lead the nation. The Wisconsin model is about protecting the public if new attorneys numbers. An analysis of the pass rate of the perfectly suited to our circumstance. are licensed without taking the bar exam. bar exam during the past five years for stu- “Clearly the court’s requirement that The committee concluded that the examina- dents from the two Iowa law schools showed University of Iowa College of Law and tion of moral character and fitness through that 98 percent passed the exam. Drake University Law School students take the individual review of the Iowa board of Meanwhile, having a diploma-privilege specified Iowa courses and pass examina- law examiners is the primary protection for rule in place would have saved students with tions in those courses satisfies any concerns the public in the licensure process, and that a typical student loan debt approximately that the students would not be fully compe- review works well. It strongly suggested that $29,000 per student, according to the com- tent to practice law in Iowa without further candidates for admission absent examina- mittee report. The savings would come from examination,” he added. “Both University tion should be subject to the moral charac- simply allowing graduates to start working of Iowa Dean Gail Agrawal and Drake ter and fitness examination under Rule 31.9. sooner and eliminating the time spent after University Law School Dean Allan Vestal With regard to revising the Basic Skills graduation preparing for the bar exam and enthusiastically support the Blue Ribbon Course (recommendation No. 4) required waiting for the results. Committee’s proposal.”

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the Iowa Lawyer February 2014 13

1269_IL.indd 13 2/21/14 7:12 PM Election results released for district nominating commissions attorney members The voting is over, the ballots have been Following are the attorneys elected by Kim R. Snitker – Mason City compiled and certified and the results district: 2B JUDICIaL eLeCtIoN DIStrICt issued for the 28 new attorney members of 1a JUDICIaL eLeCtIoN DIStrICt Eric R. Bidwell – Marshalltown Iowa’s 14 judicial election districts. Christopher C. Fry – Dubuque Christine A. Hunziker – Ames Elected by their peers, the 14 men and Patricia M. Reisen-Ottavi – Dubuque 14 women began their terms Feb. 1 and 3a JUDICIaL eLeCtIoN DIStrICt will serve for six years ending Jan. 31, 1B JUDICIaL eLeCtIoN DIStrICt Scott G. Buchanan – Algona 2020. They join three other attorney mem- Chad A. Swanson – Waterloo Jill M. Davis – Spencer bers and five governor-appointed members Brooke Trent – Waterloo on the 11-member commissions headed by 3B JUDICIaL eLeCtIoN DIStrICt the chief judge of the district who serves as 2a JUDICIaL eLeCtIoN DIStrICt Scott A. Hindman – Sioux City the eleventh member. Colin C. Murphy – Clear Lake Amanda Van Wyhe – Sioux City 4 JUDICIaL eLeCtIoN DIStrICt Stephen C. Ebke – Council Bluffs Marti D. Nerenstone – Council Bluffs 5a JUDICIaL eLeCtIoN DIStrICt Jane E. Rosien – Winterset Mark E. Spellman – Perry 5B JUDICIaL eLeCtIoN DIStrICt Melissa S. Larson – Greenfield Verle W. Norris – Corydon 5C JUDICIaL eLeCtIoN DIStrICt Thomas J. Levis – West Des Moines Anjela A. Shutts – Des Moines 6 JUDICIaL eLeCtIoN DIStrICt Steven E. Ballard – Iowa City Alison Werner Smith – Iowa City 7 JUDICIaL eLeCtIoN DIStrICt Ian J. Russell – Davenport Alicia D. Gieck – Davenport 8a JUDICIaL eLeCtIoN DIStrICt James Q. Blomgren – Oskaloosa Kathryn J. Salazar – Washington 8B JUDICIaL eLeCtIoN DIStrICt Scott E. Schroeder – Burlington The Blue Book Stephanie L. Kozlowski – Burlington 7KH%OXH%RRN

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1269_IL.indd 14 63364 IL.indd 13 2/21/14 7:12 PM 7/25/12 9:19 PM Government Practice Seminar Friday, March 28 ISBA Headquarters, 625 E. Court Ave., Des Moines, IA 50309 Presented by The Iowa State Bar Association’s Government Practice Section 8:30 - 9:00 Registration 9:00 - 9:30 Use of Urban Renewal and Urban Revitalization for Redevelopment Speaker: Roger K. Brown, City of Des Moines 9:30 - 10:00 Property Tax Assessments and Appeals Speaker: David W. Hibbard, Polk County Attorney’s Office 10:00 - 10:30 Eminent Domain Speaker: James E. Graham, Graham Law Office 10:30 - 10:45 Break 10:45 - 11:15 Affordable Care Act Speaker: Dean A. Spina, Bradley & Riley PC 11:15 - 12:15 New Court Interpreter Rules Speakers: Emily Chafa, Administrative Law Judge, Department of Inspections & Appeals; John Goerdt, Deputy State Court Administrator; Michael J. Piper, Dickey & Campbell Law Firm, P.L.C. 12:15 - 1:00 Lunch (provided with registration) 1:00 - 1:30 Government Employees - First Amendment & Social Media Speaker: Brent L. Hinders, Hopkins & Huebner PC 1:30 - 2:30 Legal Ethics Speakers: Roxann M. Ryan, Iowa Department of Public Safety and Roger J. Kuhle, Polk County Attorney’s Office 2:30 - 2:45 Break 2:45 - 3:15 Iowa Public Information Board Speaker: Keith Luchtel, Iowa Public Information Board 3:15 - 4:15 Administrative Appeals/Judicial Review Speakers: Bret Dublinske, Gonzalez, Saggio & Harlan LLP; Meghan Gavin, Iowa Attorney General’s Office; and Judge Karen Romano, District 5C Court Judge CLE Credit (approved): 6 hours of state CLE which includes 1 hour of ethics Registration Form: Government Practice Seminar Name: ______Member # ______Phone # ______Address: ______City, State, Zip: ______E-mail: ______Early-Bird Registration Fees (Registering after March 27th will result in a $50 walk-in fee): ____ ISBA Government Practice Section Members - $160 (please use promo code govsection when registering) ____ ISBA Members - $180 ____ Non-ISBA Members - $240 Method of Payment: ___ Check enclosed Check Number ______Master Card ___ Visa ___ American Express ___ CLE Season Pass

Credit Card #:______Exp. Date: ______

Cardholder Signature: ______Return registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, Iowa 50309 or fax (515) 243-2511 For questions: phone (515) 697-7874 or e-mail [email protected] Cancellation policy/Walk-in registration fee: Registration refunds will be issued only if written notification is received by the Bar Office by March 21, 2014. Written notification can be mailed, faxed, or e-mailed to the Bar Office. Walk-in registration fee will an additional $50 (fee will begin on March 28, 2014) The IOWA LAWYER February 2014 Criminal Law Seminar Friday, May 2 ISBA Headquarters, 625 E. Court Ave., Des Moines, IA 50309 Presented by The Iowa State Bar Association’s Criminal Law Section 8:00 - 8:30 Registration 8:30 - 9:30 Legislative Update Speaker: Joe McEniry, Legislative Service Agency 9:30 - 10:30 Attorney Qualifications for Representing the Indigent Defendant Speakers: Sam Langholz, State Public Defender and Steve Drahozal, Section Chair, ISBA Criminal Law Section 10:30 - 10:45 Break 10:45 - 11:45 Immigration and the Criminal Defendant

11:45 - 12:15 Lunch (provided by Intoxalock) 12:15 - 1:15 CaseSpeak Laer:w Nikki Update Miras Modini, Brown Winick Law Firm Speaker: Hon. Mary Tabor, Iowa Court of Appeals 1:15 - 2:45 Representing the Juvenile in Adult Court Moderator: Hon. Mary Tabor, Iowa Court of Appeals Panelists: Emily Hughes, Professor of Law, the University of Iowa College of Law;

Appellate Defender’s Office; George Jones, Criminal Defense Lawyer; Brent Pattison, PrHon.ofessor Colin of Witt, Law, District University Associate of Iowa Judge, College Polk of County Law; and Juvenile Jon Kinnamon, Court; Nan Kinnamon, Jennisch, Kinnamon, Russo, Meyer & Keegan 2:45 - 3:00 Break 3:00 - 4:30 Drug Trends: The Challenge of Synthetics in Iowa Panelists: Steve Lukan, Office of Drug Control Policy; Sean McCullough, Special Agent in Charge, Division Narcotics Enforcement; and Angela Campbell, Dickey & Campbell Law PLC 4:30 - 5:30 Conflicts in Criminal Representation (Watson, etc.) Speaker: Hon. Arthur Gamble, Chief Judge, District 5C CLE Credit (approved): 8 hours of state CLE which includes 2 hours of ethics and 1 federal hour (federal pending) Only electronic materials will be available for this event. Please bring the appropriate technology with you to the event so you may view the materials. Registration Form: Criminal Law Seminar Name: ______Member # ______Phone # ______Name: ______Member # ______Phone # ______Address: ______City, State, Zip: ______Address: ______City, State, Zip: ______E-mail: ______E-mail: ______Early-Bird Registration Fees (Registering after May 1st will result in a $50 walk-in fee): Early-Bird Registration Fees (Registering after May 7th will result in a $50 walk-in fee): ____ ISBA Members $295 ____ ISBA Criminal Law Section Members - $160 (please use promo code crimlaw when registering) ____ ISBA YLD Lawyers Division Years Members (1-5 years) $235 ____ ISBA Members - $180 ____ Non-ISBA Members $405 ____ Non-ISBA Members - $240 ____ Para-Professionals $180 ____ Judges $70 Method of Payment: ____ Check enclosed Check Number ______Law Students $40 ___ Master Card ___ Visa ___ American Express ___ CLE Season Pass Method of Payment: ___ Check enclosed Check Number ______Master Card ___ Visa ___ American Express ___ CLE Season Pass Credit Card #:______Exp. Date: ______Credit Card #: ______Exp. Date: ______Cardholder Signature: ______Return registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, Iowa 50309 or fax (515) 243-2511 Cardholder Signature: ______For questions: phone (515) 697-7874 or e-mail [email protected] Return registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, Iowa 50309 or fax (515) 243-2511 Cancellation policy/Walk-in registration fee: For questions: phone (515) 697-7874 or e-mail [email protected] Cancellation policy/Walk-in registration fee: Registration refunds will be issued only if written notification is received by the Bar Office an additional $50 (fee will begin on May 2, 2014) Registration refunds will be issued only if written notification is received by the by May 1, 2014. Written notification can be mailed, faxed, or e-mailed to the Bar Office. Walk-in registration fee will an additional $50 Bar Office by April 25, 2014. Written notification can be mailed, faxed, or e-mailed to the Bar Office. Walk-in registration fee will (fee will begin on May 8, 2014) The IOWA LAWYER February 2014 Bridge the Gap Goes to Vegas on Thursday, May 8 7:00 - 8:00 Registration 8:00 - 9:00 Legislative Update - Speaker: Sen. Rob Hogg, TO THE District 19 Fabulous 9:00 - 10:00 Family Law Update - Speaker: James Meade, BRIDGE THE GAP SEMINAR Meade Law Firm May 8 - 9 10:00 - 10:15 Break West Des Moines Marriott 1250 Jordan Creek Parkway, 10:15 - 11:00 Immigration Law for Businesses - West Des Moines, Iowa 50266 Speaker: Bridget Penick, Dickinson Mackaman Tyler & Hagen PC 11:00 - 11:30 Bankruptcy - Speaker: Robert Gainer, Cutler Law Firm PC 11:30 - 12:00 Estate Planning for Farmers - Speaker: Eric Bidwell, Rutherford & Bidwell Law Office 12:00 - 1:00 Lunch (not provided) 1:00 - 2:00 Litigation - Speakers: Reed McManigal, Hayes Lorenzen Lawyers PLC and Mark Schultheis, Nyemaster Goode PC 2:00 - 2:45 Traffic Stops - Speaker: Robert Rehkemper, Gourley Rehkemper & Lindholm PLC 2:45 - 3:00 Break 3:00 - 3:30 Top Ten Tech Apps - Speaker: Kevin Caster, Shuttleworth & Ingersoll, P.L.C. 3:30 - 4:00 Intellectual Property Overview - Speaker: Scott Johnson, McKee, Voorhees & Sease, PLC 4:00 - 5:00 Ethics - Speaker: TBA Bridge the Gap Goes to Vegas on Friday, May 9 7:00 - 8:00 Registration 8:00 - 8:30 Federal EDMS - Speaker: Jamie Morawski, Case Manager Supervisor for the U.S. District Court, Southern District of Iowa 8:30 - 9:00 State EDMS - Speaker: Hon. Michael Mullins, Iowa Court of Appeals 9:00 - 10:00 Depression/Substance Abuse - Speaker: Hugh Grady, Iowa Lawyers Assistance Program 10:00 - 10:15 Break 10:15 - 11:15 Mechanics Liens - Speaker: John Fatino, Whitfield & Eddy 11:15 - 12:00 Employment Law - Speaker: Elizabeth Overton, Sullivan & Ward, PC 12:00 - 1:00 Lunch (not provided) 1:00 - 2:00 Federal Case Law Update - Speaker: Hon. Ross Walters, U.S. Magistrate Judge 2:00 - 2:45 Primer On Juvenile Delinquencies - Speaker: Sara Strain Linder, Tindal Law Office PLC 2:45 - 3:00 Break 3:00 - 4:00 State Case Law Update - Speaker: Hon. Paul Ahlers, Associate Judge, District 2B 4:00 - 5:00 Ethics - Moderator: Michael Streit, Ahlers & Cooney CLE Credit (pending): 15 hours of state CLE which includes 3 hours of ethics and 7 federal hours Registration Form: Criminal Law Seminar Registration Form: Bridge the Gap Seminar Name: ______Member # ______Phone # ______Name: ______Member # ______Phone # ______Address: ______City, State, Zip: ______Address: ______City, State, Zip: ______E-mail: ______E-mail: ______Only electronic materials will be Early-Bird Registration Fees (Registering after May 1st will result in a $50 walk-in fee): Early-Bird Registration Fees (Registering after May 7th will result in a $50 walk-in fee): ____ ISBA Members $295 available for this ____ ISBA Criminal Law Section Members - $160 (please use promo code crimlaw when registering) ____ ISBA YLD Lawyers Division Years Members (1-5 years) $235 event. Please bring the ____ ISBA Members - $180 ____ Non-ISBA Members $405 appropriate technology ____ Non-ISBA Members - $240 ____ Para-Professionals $180 with you to the event ____ Judges $70 so you may view the Method of Payment: ____ Check enclosed Check Number ______Law Students $40 materials. ___ Master Card ___ Visa ___ American Express ___ CLE Season Pass Method of Payment: ___ Check enclosed Check Number ______Credit Card #:______Exp. Date: ______Master Card ___ Visa ___ American Express ___ CLE Season Pass Credit Card #: ______Exp. Date: ______Cardholder Signature: ______Return registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, Iowa 50309 or fax (515) 243-2511 Cardholder Signature: ______For questions: phone (515) 697-7874 or e-mail [email protected] Return registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, Iowa 50309 or fax (515) 243-2511 Cancellation policy/Walk-in registration fee: For questions: phone (515) 697-7874 or e-mail [email protected] Cancellation policy/Walk-in registration fee: Registration refunds will be issued only if written notification is received by the Bar Office an additional $50 (fee will begin on May 2, 2014) Registration refunds will be issued only if written notification is received by the by May 1, 2014. Written notification can be mailed, faxed, or e-mailed to the Bar Office. Walk-in registration fee will an additional $50 Bar Office by April 25, 2014. Written notification can be mailed, faxed, or e-mailed to the Bar Office. Walk-in registration fee will (fee will begin on May 8, 2014) The IOWA LAWYER February 2014 UPCOMING EVENTS For more information on the events below, including online registration, turn to www.iowabar.org Impact of Gartner and Varnum Decisions on the Law Friday, March 7 12:00 - 1:00 p.m. Telephone CLE Speaker: Sharon Malheiro, Davis Brown Law Firm Juvenile Law Seminar Thursday, April 3 ISBA Headquarters, 625 E. Court Ave., Des Moines, IA 50309 Ethical Representation of Grand Jury Witnesses Thursday, April 17 In-person or Live Webinar ISBA Headquarters, 625 E. Court Ave., Des Moines, IA 50309 Speaker: John Fatino, Whitfield & Eddy, P.L.C. SCHEDULE Registration: 11:30 a.m. Lunch: 12:00 p.m. (Provided with registration. In-person attendance only.) CLE: 12:30 - 1:30 p.m. Bench/Bar Conference - “Staying Connected, in a Connected World” May 14 - 16 Hotel Julien, 200 Main St., Dubuque, IA 52001 CONFERENCE HIGHLIGHTS The Role of Personal Relationships in a Profession Speaker: Hon. Mark Cady, Chief Justice, Iowa Supreme Court Bring it On! Speaker: Hon. Jane Kelly, Federal Appeals Judge The Future of Collegiality Speaker: Hon. John Jarvey, Federal Trial Judge Ethics: Think About It. What Happens When You Hit ‘Send’ (or ‘Post’)? Speaker: Brett Trout, Brett J. Trout P.C. Annual Meeting June 16 - 19 Community Choice Credit Union Convention Center, 833 5th Ave., Des Moines, IA 50309 Held in conjunction with the Iowa Judges Association’s Annual Meeting Join in on an ISBA Annual Meeting unlike any you’ve seen before! The event is no longer just a meeting. It’s now an event! This year’s meeting will be bigger and better than ever, according to organizers. For one thing, it will be held at the Community Choice Credit Union Convention Center (formerly known as Veteran’s Auditorium) in downtown Des Moines. It will also bring together many ISBA activities and events that previously were held on separate dates at separate locations. In addition, organizers plan to include the annual ISBA Tech Show during the meeting. The goal is to create an annual grand event that will draw a thousand or more members. Organizers hope to see ISBA members throughout the State of Iowa descend on the Community Choice Credit Union Convention Center beginning June 16. The IOWA LAWYER February 2014 Rockin’ Robin By Russ Ipsa* When the Honorable Judge Robin to 140 characters.” Obviously, all of us tweeted to all of Fortrum was named as the new chief judge neophytes didn’t understand the purpose us for almost six of our judicial district, I think all of us were of this rule. So, it was back to our secretar- months until the happy. He was a no-nonsense judge, but ies to find out why. Judge (or Rockin’ smart, fair and had a great reputation for The next day, we got another one from Robin) “pulled an being efficient. the judge: “A.O.2: All Lawyers in the Anthony Weiner.” I mean, he didn’t tweet We always have had a good chief judge, District presumed to have read tweets from a body part or anything like that. It was and Judge Fortrum was going to continue the Chief Judge.” Okay, now I guess we the grocery list that he had compiled and that tradition. were hooked. We would have to stay on submitted to his wife for approval. Obvi- As soon as he was named chief judge of board with this tweeting stuff. ously, his “followers” thought it was hilari- the district, he scheduled a meeting “for On day three, we got another tweet: ous to either: a) ask if they could join him the bench and bar” to reveal some of his “A.O.3: Cellphones allowed in courtrooms for the steak, b) comment on the quality plans. He scheduled the meeting in the to review A.O.s.” That same day, we got of the wine he had listed, or c) refer to the largest courtroom in the courthouse, and, another: “A.O.4: Judges also required to judge’s wife as “the Court of Appeals.” In when I arrived, the place was so full that follow Chief on Twitter.” any event, I guess it opened his eyes to the people were standing out in the hallway. This went on for a couple of weeks, with possibilities that could lie ahead. “Let me begin by thanking all of you Judge Fortrum tweeting a new A.O. every A few days later, we got the last tweet for coming,” he began. “I don’t plan on couple of days. It was hard to believe that from Rockin’ Robin (I mean Judge For- changing a whole lot of the policies set by we were able to survive without so much trum): “A.O. 82: Tweets ended. Clerk shall my predecessors. However, he said, this contact from the court in the past. create administrative file for A.Os.” electronic filing is going to force us to At the afternoon break at a county bar That ended the use of tweets for the change a few things.” association function, I grabbed a cookie Iowa Judicial Branch. To this day, the The crowd mumbled a bit. Most of us and a soda and wandered over to a group Honorable Robin Fortrum is sometimes af- knew for a long time that electronic filing of fellow lawyers who were chatting. fectionately referred to as “Rockin’ Robin” was going to happen sooner or later, but “Have you been keeping up with Rockin’ (not by me of course) and that old song lawyers are not well adjusted to change. Robin?” asked an older lawyer who prac- is sometimes played as background music The law is slow to change in most cases, ticed across the street from me. in seminars where Judge Fortum speaks. and so lawyers get used to “precedent.” “Rockin’ Robin,” I said. “How did Judge Everyone thinks he doesn’t know the con- “As you all know,” he continued, “we Fortrum get that name?” I asked. nection, but he does. He just smiles and judges cannot even enter a written order “Don’t you get it?” he replied. “You know acts like he is clueless. any more. Everything has to be filed the old song: Rockin’ Robin, Tweet, Tweet.” electronically in the virtual file to which it Everyone laughed. I guess the Judge was *Russ Ipsa is an Iowa attorney and member of belongs. However, the system just has not destined to have that nickname forever. The Iowa State Bar Association. Most of the time, developed a place for A.O.s.” The A.O.sTRACER continued Ad-BBB (Iowato be Lawyer):TRACER incessantly Adhe (4.75 thinks x 3.75)he is a 5/13/10 successful 1 2:10practitioner PM Page but 1always enjoys his legal career. We all looked at each other with puzzled faces. “What the heck was an A.O.?” we thought. The judge, obviously, could see we were lost. “You know: Administrative HEIRS LOCATED Orders,” he said. All of us immediately tried to act like we knew what he was talk- NO FEE TO THE ESTATE ing about all along, but I think Judge Fortrum knew better. “So,” continued the Judge, “like they say nowadays, follow me on Twitter.” Once again, we were all confused. “If you just follow me on Twitter, I will tweet you all of my A.O.s,” he continued. “There are sheets in the back of the room showing you how. That’s all. You are adjourned.” All of us did the same thing: we picked up the instruction sheet, shuffled out of T E L 800 443 9004 the courthouse, returned to our offices, FAX 615 822 9316 and directed our secretaries to sign us up www.tracerusa.com for Twitter and get us started. None of us expected much to happen, but we didn’t ® have long to wait. The next day, we got a tweet from Judge Service worldwide – Established 1960 Fortrum. : “A.O.1: All further A.O.s limited the Iowa Lawyer February 2014 19

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TRANSITIONS Laura R. Luetje has been joined Iowa Legal Aid. Alisa, a Samuel E. Jones and Jason R. Sytsma named a partner with the Ankeny 2013 graduate of the University of have become members of Shuttleworth & Ingersoll, law firm of Lamberti, Gocke, Iowa College of Law, has joined P.L.C. in Cedar Rapids. Samuel’s practice Takekawa & Luetje, P.C. Laura the Cedar Rapids Regional Office focuses on commercial litigation, received her undergraduate of Iowa Legal Aid. Alisa has a B.S. construction and design law, and degree from the University of in Justice Studies from Arizona tort and insurance law. He is the Northern Iowa in 2002 and her State University. membership chair of the ISBA Laura R. Luetje J.D. from the University of Tulsa Alisa Diehl Lorraine has joined the staff Young Lawyers Division. Sam Law School in 2005. of Iowa Legal Aid’s Iowa City graduated from Grinnell College Regional Office. Lorraine received and from the University of Iowa Emilee Boyle Gehling her J.D. from the University of Samuel E. Jones College of Law. has been named a partner of Iowa College of Law in 2011. Prior Jason is a registered patent the Goosmann Law Firm, P.L.C. to joining Iowa Legal Aid, she attorney whose work focuses on in Sioux City. As a corporate worked in the U.S. Department intellectual property and ecom- attorney, she helps her clients of Justice Executive Office for merce. He serves as the chair close real estate deals, buy or Immigration Review in Chicago, Ill. of the ISBA Intellectual Property Lorraine Gaynor sell businesses, and manage Nadia is a 2012 graduate Law Section’s Legislative Com- Emilee Boyle employee issues. She obtained of Wayne State University Law mittee. Jason graduated from Gehling her J.D. from the University School in Detroit, Mich. Prior to Iowa State University and from of Iowa College of Law in 2007. She joined the beginning her work as a staff Jason R. Sytsma the University of New Hampshire Goosmann Law Firm in 2009. attorney in Iowa Legal Aid’s Cedar School of Law. Rapids Regional Office, Nadia Laurie Heron and Madina L. Nguyen are served as an AmeriCorps member Kent A. Gummert has new associates with the Abendroth and Russell Law with Iowa Legal Aid. joined Lederer Weston Craig PLC as a member in the firm’s West Firm in Urbandale. Laurie focuses her practice Nadia Igram Alex is a 2008 graduate on commercial and general civil of Indiana University School of Des Moines office. Kent’s main litigation, debt collection, and Law and prior to his transfer to areas of practice are profes- ethics defense. She received Des Moines, had worked since sional liability, products liability, her B.A. from Eastern Illinois September 2008 in the Northeast insurance bad faith, insurance University in 2009 and her law Iowa Regional Office of Iowa Legal Kent A. coverage, litigations, and general Gummert degree from Drake Law School Aid in Dubuque. As a senior staff civil litigation. He earned his B.S. in 2012. Following law school, attorney, Alex handles a wide in 1990 from Iowa State University and his J.D. from Laurie Heron Laurie clerked for the Honorable range of cases, but has a special Drake University Law School in 1992. Bruce B. Zager of the Iowa Alex Kornya focus on issues faced by low- Supreme Court. income Iowans with legal matters Jill N. Link has recently Madina practices primarily involving consumer issues. been named a member of the in the areas of estate planning, Daniel has joined the staff Des Moines law firm of McKee, probate, and real estate of Iowa Legal Aid’s Cedar Rapids Voorhees & Sease, PLC where transactions. She received her Regional Office. He is a 2009 she was previously an associate B.B.A. from the University of graduate of the University of Iowa attorney. Jill received her Iowa in 2010 and her law degree College of Law and has an A.B. in Doctorate in Pharmacy (PharmD) Madina L. Jill N. Link Nguyen from the University of St. Thomas Economics from Wabash College from Drake University College of School of Law in 2013. Daniel Zeno in Crawfordsville, Ind. Prior to Pharmacy and Health Sciences in joining the staff of Iowa Legal Aid, 2005 and her J.D. from Drake University Law School Alisa Diehl, Lorraine Gaynor, Nadia Dan worked as a contract attorney with Excelerate in 2007. Jill focuses her practice on helping clients Igram, Alex Kornya and Daniel Zeno have Discovery in Washington, D.C. secure intellectual property rights in the chemical, pharmaceutical, biotechnology and medical device areas, and on intellectual property transactions.

Mediation and Arbitration Services Aimee L. Lowe has Des Moines • Adel • Quad Cities become a partner in the firm of Telpner, Peterson, Smith, Workers’ Compensation Civil Litigation Ruesch, Thomas, and Simpson, E.J. Kelly Jeff H. Jeffries L.L.P. She has been associated Former Deputy Iowa Industrial Commissioner William L. Dawe with the Council Bluffs firm Valerie A. Landis since 2007. She graduated from Matthew A. Grotnes Probate & Estate Aimee L. Lowe the University of Iowa in 2001 M. Anne McAtee receiving her B.A. in Art. She Quad Cities Office James E. Van Werden Adel Office received her J.D. from Creighton University School Our offices are available with wi-fi, convenient free parking, and accommodations for large mediations. of Law in 2006. Following law school, she clerked for the Nebraska State Court of Appeals, and taught Legal Writing and Lawyering Skills at Creighton 515-244-0111 • www.hhlawpc.com University School of Law. Aimee practices primarily

20 the Iowa Lawyer February 2014

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TRANSITIONS in the areas of real estate, commercial litigation, Brent L. Hinders, Nicholas W. Platt joined by associates Adam S. Tarr and Adam J. creditor/debtor law, family, and employment law in and Michelle R. Rodemyer have become Brantman. The firm practices primarily in the both Iowa and Nebraska. shareholders of Hopkins & Huebner, P.C. Brent areas of business, estate planning, real estate received his B.A. in History and land use law, and represents entrepre- Marcy A. O’Brien has and Criminal Justice from neurs throughout eastern Iowa. Pugh Hagan opened O’Brien Law, P.L.C. in Simpson College in 2001 and is located at 1100 Sixth Street, Suite 102, Windsor Heights. Marcy is a his J.D. and Masters in Public Coralville, IA 52241. 1992 graduate of Iowa State Administration from Drake University and a 1995 graduate University in 2005. Brent will of the University of Iowa College practice in the firm’s Des of Law. Marcy has had a private Brent L. Hinders Moines office in the areas of Marcy A. O’Brien practice in civil litigation in Des employment law, government, Moines since 1996. criminal law and family law. Nick received his B.A. in has Bradley M. Strouse Business Teaching from the Michael J. Pugh Jeremy B.P. become a partner in the law University of Northern Iowa in Hagan firm of Redfern, Mason, Larsen 1996, his M.A. in Education & Moore, P.L.C., in Cedar Falls. Leadership from Aurora Brad earned his B.A. in Political University in 2002, and his J.D. TrAnSiTionS SuBMiSSionS onLy Science from the University Nicholas W. from Drake University in 2008. By E-MAiL of Northern Iowa in 2005 and Platt Nick will practice in the firm’s Copy deadline for Transitions is 30 days Bradley M. his J.D. from Drake University Des Moines office in the areas Strouse before the month of publication. Please in 2008. His practice includes of workers’ compensation and follow the same style published here and keep business law, employment law, personal injury. submissions short and to the point. For new real estate, estate planning, and Michelle received her Bach- hires and promotions, the name of the law related litigation. elors of Business Administration firm is not as important as the individual in Finance from the University of involved, so mention the lawyer first. Always Henry J. Bevel III has Iowa in 2004 and her J.D. from submit a photo of the subject. joined the Waterloo law firm of the University of Iowa College If it is to be digital, please use the “.jpg” Swisher & Cohrt, P.L.C. as a Michelle R. of Law in 2008. Michelle will format only. Make all submissions in plain Rodemyer member. Henry is a graduate practice in the firm’s Des Moines text or Microsoft Word “.doc” format via of the University of Kentucky office in the areas of insurance e-mail to [email protected] and please do College of Law and has been and liability defense as well as not expect late submissions to be published in private practice for 20 government. immediately. We need at least a 30-day Henry J. Bevel III years, after serving as an interval before publication. Include office assistant public defender and Michael J. Pugh and Jeremy B.P. phone number and name of the person assistant county attorney in Hagan have opened the office of Pugh Magan furnishing the copy. Questions? Call Chris Black Hawk County. PLC, Attorneys and Counselors. They are Fritz at 515-697-7873. Thank you for your assistance.

CLIMB HIGHER... REAL ESTATE TRANSACTIONS March 7, 2014 Neal and Bea Smith Legal Clinic 24th Street & University, Des Moines, IA 50311

2013/2014 For more information: www.law.drake.edu/cle Continuing Legal Education 515.271.2824

the Iowa Lawyer February 2014 21

1269_IL.indd 21 2/21/14 7:12 PM CLASSIFIED ADS maintaining a varied practice which would PUBLISHER’S NOTE: E-mail submissions to the CLASSIFIED ADVERTISING section are include business law, estate planning, pro- requested. They save keystrokes, thus cutting down on our production time, and help to bate, taxation and family law. The firm has assure accuracy. Please follow the style of the ads appearing here, indicate the classification been in existence for over 40 years and seeks where you want your ad to appear and state how long the ad is to run. Each ISBA-member private law practice receives two free insertions annually, except for “Positions Available” to find an attorney interested in joining the ads. Those ads must be posted in the ISBA’s Career Center to qualify for publication firm on a long-term basis. Please submit your in the magazine. Once posted in the Career Center, they will be published in the resume, inclusive of references and a cover magazine one time for each posting. Corporate and government attorney members of letter, with your compensation expectations. the association receive the same free privileges for their business, non-employer-related Apply to [email protected]. (3-14) ads. If you have questions, call Steve Boeckman at 515-697-7869. E-mail your copy to [email protected]. The number appearing in parentheses after each ad is not a box MaNaGING attorNey — Nationwide number. It indicates the date the ad will be pulled from the magazine. (AE) refers to paid ads. Trial Division, with offices across the (TF) indicates internal or “house” ads that run indefinitely. Deadline for submissions is the first United States serving Allied, Nationwide, of the month prior to the month of publication. Scottsdale, Titan and Victorian Insurance COMMERCIAL ADVERTISERS: For rates, or to place an ad, contact Alex Larson Companies, will be opening a new trial (515) 238-4406; [email protected]. division office in Omaha, Neb. during the first quarter of 2014. The managing attorney health law, including HIPAA and privacy is the on-site person responsible for leading POSITIONS AvAILABLE issues, fraud and abuse, anti-kickback, the delivery of legal services to clients and CorPorate heaLth Law attor- Medicare and Medicaid and licensing, and claims customers, and will directly supervise Ney — Hy-Vee, Inc., a 236-store supermar- who are admitted to the Iowa Bar will be attorneys and paralegals in the trial office. ket retailer based in West Des Moines, Iowa, given preference. Qualified candidates Nebraska licensure in good standing, eight with 244 pharmacies and 198 dietitians, should send a resume, description of legal or more years litigation experience and seeks a Health Law Attorney to fill a new experience, salary history, and cover letter prior management experience are absolute position. This individual will primarily be to: Mic Jurgens, Vice President, Human prerequisites. Proven knowledge of litigation responsible for providing advice on health Resources, Assistant General Counsel, practices and procedures, claim processes law compliance, drafting and reviewing Hy-Vee, Inc., 5820 Westown Parkway, West and management principles and practices health care contracts and assisting with Des Moines, IA 50266, or electronically to are also required. Iowa licensure a plus. Apply to [email protected] (3-14) related transactions. Other practice areas [email protected]. Applications for the position will be accepted until midnight will include general corporate practice, trIaL attorNey II — This is a high March 16, 2014. (AE) commercial transactions, contract review profile, litigation-intensive position requir- and regulatory compliance. Candidates LItIGatIoN attorNey — Grefe & ing considerable initiative, legal creativity with at least 5 years of broad experience in Sidney, PLC is seeking a litigation associate and the ability to relate with business with 1 to 4 years of experience. We are a clientele. This Nationwide Trial Division preeminent law firm practicing throughout position involves handling cases from start Manage Exchange the state of Iowa, providing our clients to finish, including first chair trial experi- with prompt and thorough representa- ence. Nebraska licensure and minimum and Professional Risk tion and legal support in a wide array of of three years of civil litigation experience litigation areas. These areas include but required. The successful candidate must with the Midwest’s are not limited to civil litigation and trial possess excellent verbal and written com- Premier Exchange practice, workers compensation, personal munication skills, ability to interpret and injury, insurance defense, motor vehicle apply statutes, regulations and appellate Resource accidents, products liability, white collar decisions. Iowa licensure a plus. Apply to crime, premises liability, employment law, [email protected] (3-14) discrimination, and construction disputes. The qualified applicant should have a taX attorNey — Seven attorney, AV- passion for trial work and have strong rated, firm in north central Iowa seeking academic credentials. Send cover letter and tax attorney to work with large, established resume to HIRING PARTNER, P.O. Box clientele. Strong preference for attorney 10434, Des Moines, IA 50306 (3-14) with CPA or LL.M. in Taxation, but will consider applicants with high level prepara- attorNey — Elverson, Vasey and tion experience. Strong work ethic is a must. Peterson, LLP in Des Moines seeks attorney Fast track to partnership is typical without to assist with varied practice. Experience in material investment. Apply to gbuchanan@ family law, business and probate preferred. buchlaw.com. (3-14) Excellent opportunity for attorney with existing clients. Possibility for incentive pay aSSIStaNt CoUNty attorNey/ based on successful candidate’s existing cli- Law FIrM aSSoCIate — The Wright ent base. Resumes, cover letters (inclusive of County Attorney’s Office in Belmond, in IPE 1031 compensation expectations) and references conjunction with the Houser, Berkland & 1922 INGERSOLL AVENUE should be sent via email to allison.abbott@ Simonson law office, is accepting applica- DES MOINES, IOWA 50309 elversonlaw.com. (3-14) 515.279.1111 • 888.226.0400 tions for a full-time attorney’s position. The job includes a part-time position as Assistant FAX 515.279.8788 attorNey — The firm of Flander, Casper Wright County Attorney, and a part-time WWW.IPE1031.COM & Rosien, P.C. located in Winterset, Iowa, is a associate position with Houser, Berkland [email protected] two-attorney, general practice firm currently seeking to hire another general practice & Simonson law office – a unique job attorney with litigation experience. The suc- opportunity offering a variety of criminal cessful candidate should have an interest in and civil work. Send resumes to: Eric R. 22 the Iowa Lawyer February 2014

1269_IL.indd 22 2/21/14 7:12 PM CLASSIFIED ADS Simonson, Wright County Attorney, PO Box arChIteCtUre aND CoNStrUCtIoN 247, Belmond, IA 50421; Email: countyatty@ eXPert wItNeSS — Architect, and co.wright.ia.us. (3-14) Contractor, 34 years experience. Available to ass ist plaintiff or defense attorneys. Special- PULIC Law attorNey — Ahlers & izing in: Cooney, PC is seeking an Iowa attorney • Building Codes Remembering with a minimum of 5 years of experience, Uniform Building Codes (UBC, UMC, including significant exposure to advising on UPC, UEC, UFC) – Americans with transactional matters, negotiations, contract Disabilities Act (ADA) – OSHA – their legacy drafting and contract review. Real estate International Building Code (IBC) – Life experience is a plus. Public law experience Safety Code (NFPA 101) – Council of is a plus. This position will involve becoming American Building Officials(CABO) One of the best ways to an expert in urban renewal law, and other • Industry Standards remember a deceased lawyer municipal programs designed to assist in American Institute of Architects (AIA) – community growth and economic devel- Associated General Contractors (AGC) – is through a memorial gift to opment. Significant growth opportunity. National Fire Protection Association the profession to which he or Successful candidate must have a J.D. with (NFPA) – American National Standards she devoted an entire life. excellent credentials from an AB- accredited, Institute (ANSI) – American Society of nationally-recognized law school, and must Testing Materials (ASTM) – Underwriters Surviving family members be currently licensed in the state of Iowa. Laboratories (UL Standards) – American can point with pride to the Apply to [email protected] (3-14) Society of Refrigeration Engineers accomplishments memorialized Association (ASREA) SeNIor CoUNSeL — Americo Life, Inc., • Usual and Customary practices in a tangible form. in Kansas City, Mo., seeks an attorney who Safety – Owner – Contractor relations has a thorough and broad understanding of Undocumented agreements / Change The Iowa State Bar Foundation state and federal law pertaining to insur- orders / Cost overruns is a fitting place for ance, insurance regulation, litigation, claims, Workmanlike craftsmanship – contributions made in the discovery (including electronic discovery) Construction methods deceptive trade practices, fraud, underwrit- Licenses, Affiliations and Memberships: honor of a deceased member. ing, marketing, customer service, telesales, Architectural Licenses: Iowa, Nevada, There the gift will be used anti-money laundering, Patriot Act, trusts, Indiana – National Council of Architectural to support the Foundation’s intellectual property, corporate law and cor- Registration Boards porate secretary functions and procedures, (NCARB) – International Conference of charitable purposes for bankruptcy, liens, garnishments, subpoenas, the advancement of the e-signature, electronic filing, e-commerce and Do Not Call laws and regulations. Must law and justice. have in depth understanding of insurance industry and familiarity with regulation and To memorialize a respected litigation climate, product offerings, includ- colleague, a spouse, a parent, ing life and annuity products. Thorough a grandparent, or just a friend, knowledge and understanding of industry regulatory and statutory history and changes. send contributions to: The At least nine years of litigation experience Iowa State Bar Foundation, and 15 years of industry knowledge is a must. If Only Knowing The Worth Of A 625 East Court, Des Moines, IA Please send email and cover letter to: sarah. Business Was This Easy. [email protected] (3-14) 50309. A representative of the Products in stores are usually marked Foundation will contact with their prices, but the same can’t ExPERTS be said for the stores themselves. the family, acknowledge INSUraNCe — Former claim adjuster, agent The company may present financial the gift, and a permanent employee, and adjunct professor of insurance information in support of a certain record will be made. law. Experience in testifying and working as amount – but can you be sure you’re seeing all the right figures? paid consultant in insurance litigation (both For more information, contact plaintiff and defendant). Qualified to opine in: • Adjuster Conduct, • Wrongful Denial, • When you need to know the real The Iowa State Bar Foundation value of a business, TD&T Financial Bad Faith, • Agent/Broker Conduct, • Group has the expertise you need. at the address above, or via Carrier/Agent Contract Disputes, • First and With our investigative accounting phone at 515-697-7870, or e-mail Third Party Claims including: Auto, Commer- services, we can analyze a company’s at [email protected]. cial, Disability, Health, Homeowners, Life, financial data and provide the hard Professional Liability, Workers Compensation. number you require. Contact: L. Craig Nierman, 319-351-4900, [email protected]. (3-14) Denny Taylor, MBA, CPA, ABV, CFF Business Dispute eXPerIeNCe — Experienced Iowa lawyer Neil Smith, MBA, CPA, ABV, CFE Probate Litigation Business Valuation Steve Greenleaf offering freelance services for Private Investigation drafting, editing, & litigation support. Visit Fraud • Divorce www.GreenleafAdvococy.com or email 800-773-2727 [email protected]. (AE) www.cpaabv.com [email protected]

the Iowa Lawyer February 2014 23

1269_IL.indd 23 2/21/14 7:12 PM CLASSIFIED ADS Building Officials (ICBO) – Iowa ing, available due to unexpected death of Association of Building Officials (IABO) – SPACE AvAILABLE sole practitioner. Ideal for young attorney National Safety Council (NSC) – oFFICe CoNCoUrSe — Great West Des looking to settle in a rural community with Iowa/Illinois Safety Council (IILSC) – Moines location. Adjacent to I-235 at 35th close proximity to Sioux Falls, So. Dak., or National Fire Protection Association Street. Separate offices with other lawyers. attorney licensed in South Dakota. 30-year (NFPA) Use of conference room, break room and practice included family law, real estate, John G. Kujac, NCARB • 515-795-4001 reception area. Video-media room avail- estate planning, wills, trusts, estates, and an [email protected] • www.kujac.com (AE) able. Free Internet. $650. Two room suite income tax practice. This sale will include $1,000. Copier/Fax for cost. Contact Bar- the building and equipment. If interested, PERSONAL bara 515-222-1110 or [email protected] please email [email protected], or call (AE) 605-929-8256. (3-14) If depreSSIon, StreSS, ALCohoL or DrUGS are a problem for you, we oFFICe SPaCe — Available for one to two oFFICe SPaCe — Excellent small firm can help. We are a non-profit corporation attorneys. Office located in the Midland location on 50th Street in West Des Moines, offering attorneys free help in a totally Building at 206 6th Avenue, adjacent to 100 yards from I-235 entrance. Approxi- confidential relationship. We are the Iowa the Polk County Courthouse with Skywalk mately 1,000 – 2,000 square feet available. Lawyers Assistance Program. Under order access. Rent includes receptionist, copier, For information, call Laurie at 515-223-6600. of the Iowa Supreme Court, all commu- fax, internet, conference room, kitchen, (AE) gym access. Please contact Michael Horn at nication with us is privileged and private. oFFICe For reNt — Urbandale at- Our director is a former lawyer, a recover- (515)283 2330 or [email protected]. (AE) torney has two office spaces available for ing alcoholic and drug addict. He is a rent, located just off of I-80/35 and Douglas trained substance abuse counselor and an oFFICe SPaCe — Available for one to two Avenue. Spaces can be rented individually Employee Assistance Professional (EAP). attorneys. Office located in the Ingersoll or together. $500 each or $900 if rented We cannot help unless you call — 515-277- area at 541 31st Street, 10 minutes west of together. Office space includes internet 3817 or 800-243-1533 — or message (in downtown Des Moines and the Polk County access, use of equipment, conference room, confidence) [email protected]. All you Courthouse. Rent includes receptionist, kitchen, and plenty of parking. Paralegal have to do is ask us to contact you. No internet, conference room and kitchen- and bookkeeping services on-site. Office other details are necessary. We will call ette. Please contact Bill at 515-288-3766 or space is shared with attorney and marketing you. The Iowa Lawyers Assistance Program [email protected]. (3-14) company. Ofenbakh Law Firm, PLLC, 3303 also can provide speakers for local bar 109th Street, Urbandale, IA 50322; Phone: Law PraCtICe For SaLe — Northwest associations. Just ask. (TF) 515-868-0088 (4 -14) Iowa law practice for sale in Inwood. Prac- tice located in quaint historic bank build-

Who can you turn to for Mike Mesch, CPA/ ABV, ASA, CFF ADMISSION ON MOTION Partner expert litigation support? [email protected] The following individuals applied for Business Valuations, Succession admission on motion to the Iowa Bar. Planning, Litigation Support, Estate and Wealth Transfer Planning nike Lee fleming, Iowa City; James edward fisher, Indianapolis, For over 30 years, we have provided expert Ind.; Glen S. downey, Healey and litigation support in a manner that is clear, Hornack, P.C., Pittsburgh, Penn.; persuasive and accurate. We work with you to Jeffrey Chapman, GE Capital, interpret the financial information and prepare Cedar Rapids; david Selmer, Iowa expert reports needed to support your case. City; patrick C. Mcnertney, self- Contact us today! Terry Lockridge & Dunn Accountants and Business Consultants employed, Rio Rancho, N. Mex.; www.tld-inc.com Lisa Kay pluto, Pluto Legal PLLC, Cedar Rapids: 210 2nd Street SE (319) 364-2945 Iowa City: 2225 Mormon Trek Blvd. (319) 339-4884 Tyler, Minn.; Ashley Brett osborn, South & Associates, Overland Park, Kans.; Michelle d. hurley, Yost & Baill, Minneapolis, Minn.; Monica L. freeman, Woods & Aitken, Omaha, • Medical Insurance • Long Term Disability • Dental Insurance • Personal Accident Neb.; travis L. Starr, Honey Law • Life Insurance • Long Term Care Firm, P.A., Hot Springs, Ark.; Mark • Vision Insurance • Medicare Supplement Plans Schneebeck, Oppenheimer Wolff & Contact: David A. Fini, Vice President Donnelly LLP, Minneapolis, Minn. [email protected] 515-557-1252 Anyone with questions or or Kristi Rullestad, Account Manager [email protected] 515-557-1251 comments should contact: Dave or Steve Sypal, Partner Ewert at the Office of Professional [email protected] 515-557-1204 Regulation, 1111 East Court Avenue, Des Moines, IA 50319; Phone: 515-725-8029.

24 the Iowa Lawyer February 2014

proof layout.indd 1 11/16/11 11:24:50 PM 1269_IL.indd 24 2/21/14 7:12 PM Retired … or hoping to be? (Editor’s Note: The November issue of the Iowa Lawyer focused on new attorneys. This month’s issue contains information of interest to senior attorneys, particularly those who are considering winding down their practices for a well-deserved rest. According to some sources, the prevailing attitude among attorneys is that they will die at their desks. Concerns about what will happen to their clients, many of whom have become friends over the decades of assisting them with legal issues, fosters that attitude. Not knowing how to occupy their time once they are no longer in the day-to-day law practice, and wondering if they have enough retirement savings to keep them going in the lifestyle they’ve grown to expect are other reasons. Those concerns are addressed in the two articles that follow. Both come from sources outside Iowa, but are poignant and universal enough to have relevance here. We have reprinted them in the hopes that the questions they faced and ultimately resolved will provide some guidance and comfort to Iowa attorneys who are facing similar questions. We invite you to share your story of retirement or upcoming retirement in these pages. We will publish as many as possible.) Retiring from the practice of law: A lawyer’s journey By Molly Shepherd* Reprinted with permission from the September 2013 issue of the Montana Lawyer. More than half of Iowa lawyers are age 50 or older. A sizeable For those of you in the over-50 age group, as well as those of number can claim 65+. you who one day will attain that status, here are some tips about a No doubt many are wondering whether they’ll be able to retire, lawyer’s journey toward and beyond retirement. and if so, when and how. 1. Plan carefully for your retirement, in collaboration with Practicing lawyers follow different routes on their journey your colleagues and in consultation with others who will be toward retirement. Some lawyers work full-time until a predeter- affected by it. mined retirement date. Many more lawyers gradually reduce their 2. Save money! If you’re not already doing so, start contributing workload and hours until their presence at the office is largely as much as you can to your retirement/savings plan(s). ceremonial At some point, they cease to practice. Finally, there are 3. Don’t wait too long to retire. If possible, do it while you still the few stalwarts who continue to work into their seventies or even have the physical and mental capacity to lead an active and their eighties. For them, practicing law is the default mode of life. fulfilling life. They retire with reluctance. 4. Develop skills, interests and relationships that will give you The journey toward retirement doesn’t always follow a predictable good reasons to get up in the morning after you retire. Keep path, however. Family, money, illness, disability and other circum- learning. stances may drive how and when a lawyer retires. Avoidance and 5. After retirement, don’t sever ties to your colleagues and to both kinds of luck also may affect the route that he or she travels. the legal profession, at least for a while. Abrupt termina- I retired ten years ago at the age of 60. I had enjoyed the prac- tion of established routines and connections can leave an tice of law — the satisfaction of helping others, the relationships unhealthy void in your life. with colleagues and clients, the intellectual challenges. 6. Consider pro bono practice. But for the call of the North Fork, I might have continued to 7. Continue to be engaged in public service and in non-profit practice until age 65 or 70, gradually reducing my workload. organizations. The skills and experience gained from Almost 30 years ago, however, I bought land on the North Fork practicing law, and the habits associated with thinking like a of the Flathead River, above Polebridge. The property adjoins Gla- lawyer, still have relevance and value. cier National Park and is 50 mostly unpaved miles from a grocery 8. Get a dog, if you don’t already have one. store. For years, I drove up from Missoula for an occasional week- end. But I longed to spend more time in this extraordinary place. *Molly Shepherd served as the Montana State Bar president in 2000-2001. Commuting to work in Missoula wasn’t feasible. Nor was telecom- Her article is reprinted with permission from the September 2013 issue of the Montana Lawyer. muting: the North Fork is off-the-grid and has only twice-weekly mail service. So I opted to work until a predetermined date, then headed north. I have no regrets about my retirement. My life is rich and varied; I’m never bored. Even on weekdays, I can spend time with family and friends, weave rugs, cook, garden, read, travel, get plenty of exercise, and try to be a good steward of my 80 acres. Moreover, I have durable ties to my former colleagues and to the Bar. I’ve served as an officer and/or member of multiple boards and continued my long-time association with the Montana Justice Foundation. I’ve also been active in the North Fork community and, since the fires of 2003, have chaired its wildfire mitigation efforts. THE Iowa LawyEr February 2014 25

1269_IL.indd 25 2/21/14 7:09 PM Retiring into a bright sadness: Looking back at a reward- filled career and forward to a bright future By Daniel Farr* Reprinted with permission from the September 2013 issue of the NWLawyer and author Daniel Farr. NWLawyer is the official publication of the Washington State Bar Association. I was tired after 40 years of practicing law. It was time for a new road map: more music with the band, flannel shirts, bike Daniel Farr on his acreage in Washington. riding, road trips, grandparenting, storytelling, teepee lodging, Photo by Lara M. Wilson Photography and embellishing memories with old pals. I wanted to be present with the people I love. Long ago, law practice began to rob me of living completely in the moment — reading to a grandchild; hiking with a son or daughter; sitting on a beach with my wife and friends — always a part of my mind was practicing law. Did we meet the filing deadline? I should have returned that phone call. Do we have enough money in the pot to meet payday? That elderly couple should have received a discount, but I don’t need one more box of overgrown zucchini. When the family business is transferred from one generation to the next, it always comes down to this: “Will my kids be okay, Dan?” After 40 years of lawyering, it was time to move into what author Richard Rohr calls a “bright sadness.” Life becomes more spacious and our view expands accordingly. Our goal is not to be held in bondage by the tyranny of the moment. Life becomes both bright and sad because we see more clearly as we review our past and look into the future. I practiced in Enumclaw, Wash., Need from 1972 until the end of 2011, with some Business Valuations final winding down and through 2012. I remain In my early fifties, I made a commitment to retire by the age of Litigation Support? available to consult on 65. My resolve to keep this goal increased as both the obstacles files that predate my and benefits of retirement became more obvious. Perhaps my Over 30 years of experience retirement. biggest influence came from attorneys and their families whom I represented with estate planning, probate and as a confidant. in litigation support, forensics My career began in I can only summarize the collective thoughts of these clients and business valuations. general practice, more particularly described and friends. They each expressed an ambivalent desire to retire. as, “I’ll take whatever Ambivalent because they felt trapped and immobilized. walks into the front Most of us, regardless of firm size, share the following: CPA/ABV/CFF, ASA.* door to put beans on the table.” I had a fam- 1. The belief we have insufficient assets to finance retirement. This statement comes from my very wealthiest clients as well *Accredited in Business Valuation ily to support. by the AICPA; Certified in In those early years, as the poorest. Is retirement important enough to reduce Financial Forensics by the AICPA; I felt incompetent, but the current lifestyle? Your financial advisor’s job assumes Accredited Senior Appraiser by the apparently my clients your goal is to maintain or increase your investment. A CPA American Society of Appraisers. did not know this, (who is not selling investments) may suggest a distribution because my practice of your existing savings/IRA with interest on the diminish- When credentials count. grew. I recruited ing principle balance (i.e., five percent growth in the equity and was joined by market) and a zero balance at your estimated exit age (i.e., , law school classmate 90). If alive after 90, you sell your home to finance assisted Rodger Gustafson. We living. Finally, you can work part-time. But for many of us, 4500 Westown Parkway, Suite 125 practiced as Farr and part-time always becomes full-time. West Des Moines, Iowa 50266 2. Always feeling the need to catch up. An attorney’s energy Phone: 515.222.6203 Gustafson until his and time are committed to the stack of files, unanswered E-mail: [email protected] retirement in the late 1990s. phone calls, emails and needy clients seeking attention.

26 the Iowa Lawyer February 2014 12225_CMandelbaum_Ad.indd 1 9/1/09 3:08:40 PM

1269_IL.indd 26 2/21/14 7:27 PM “How do I find the time to address the daunting task of tough part) should not be giving unsolicited advice or undermine finding my replacement and transfer my practice?” changes. 3. For those of us over 60, there is a professional culture We are to give this younger generation our blessing and then which assumes we will die at our desk. Where does that move on to seek a more spacious life, giving all those we love our leave clients’ interests? Moreover, older attorneys may undivided attention. experience strokes, dementia and struggles of aging. In our attempts to hold on, clients’ interests are compromised, what remains now of “bright sadness?” and relationships within and without the firm become I was invited into people’s lives to solve problems. That is the awkward for all involved -- including the dignity and legacy honor. The rewards can hardly be described. of the senior attorney in need of retirement. I suspect that small-town attorneys are more visible and avail- 4. A transparently honest senior attorney from a large firm able than their city counterparts. Whether intended as fees or told me he was concerned about the loss of affirmation gifts (I never knew), I have received: a Jersey calf; fence posts; from clients once retired. The sense of losing status and homemade moccasins; venison; salmon; overgrown zucchini; affirmation following retirement caught me by surprise. I wild huckleberries; knitted hats; jams; cakes; a fresh elk hide sought the assistance of a consultant with a unique skill set only a few hours removed from the elk; cookies; spaghetti sauce, for helping attorneys in transition. (A separate article could meatballs, and lasagna; and a discourse on “what does love look be written on this topic.) In my case, the loss forced a new like.” perspective, becoming an unexpected bright consequence The Muckleshoot Indian Tribe invited me to their powwow, of retirement. where I was given a blanket, draped around my shoulders, then invited to participate in traditional dancing — first with chil- In the face of these obstacles, I would retire. Four decades were dren, then joined by grandparents, then parents, then teenag- enough. I would find my replacement, and first looked within my ers — drums pounding — ending in exhaustion — I belonged. own family. My son E. Ross Farr is a Seattle attorney. Formerly Every day, I drove by a friend’s office on the way to work. Know- a partner at Ogden Murphy Wallace, PLLC, he recently joined ing he was there was a comfort to me (a shared history since Nordstrom as in-house counsel. He is well-established in Seattle. childhood). I have been overpaid. Son Dan Jr. is working on a master’s degree in education, and I have served as a prosecutor, judge and defense attorney. I daughter Whitney is an RN at the Veterans Hospital. My daughter have been a confidant and represented priests, ministers, judges, Megan S. Farr worked for Senator Patty Murray in Washington, attorneys, physicians, local politicians, tribal members, police D.C. before attending UW Law School. Joining her father in the officers, felons, drunks, the homeless, the lonely, parents of de- small community in which she spent her first 18 years initially seemed out of the question, but Megan changed her mind and joined my practice. From January 2004 to June 2009, Megan learned the art of Grow your nest egg, estate planning and probate, and we became Farr Law Offices, not your tax bill. PLLC. Megan’s husband, Owen Gabrielson, joined us in 2010, and the firm became Farr Law Group, PLLC. I formally transferred the practice to Megan and Owen in January 2011, and con- Qualified intermediary tinued thereafter as a part-time employee Mediations and Arbitrations services for all types of until my retirement. Section 1031 exchanges Jeffrey A. Boehlert Did we make mistakes during the Personal injury, employment claims, transfer? business and commercial disputes Were there arguments and misunderstand- Member, American Academy of ings? Of course! Megan and I spoke on this ADR Attorneys, AV Rated, 34 years 800-805-1031 • 515-224-5259 litigation experience very topic at a recent CLE. But we got the job 4800 Mills Civic Pkwy Suite 205 done. [email protected] West Des Moines IA 50265 It is difficult to hand over your life’s iowaequityexchange.com work. The test comes down to this: Do you Patrick V. Waldron trust them? Have you been fair with them? Specializing in workers’ Ken Tharp Will they take good care of your clients? compensation and civil litigation And in my case, the answers were all in the Member of American Academy Standard Exchanges • Reverse Exchanges • of ADR Attorneys, AV Rated, over 17 Construction & Improvement Exchanges • affirmative. years of civil litigation and workers’ Business Asset Exchanges • Collectible Exchanges I learned, with some difficulty, it was my compensation experience job to complete the transfer without regret [email protected] or attempts to hold on to old turf within the firm I built and nurtured. The new owners 515-283-2147 will change billing practices, policies, proce- 505 Fifth Avenue, Suite 729 dures, technology, staff and client communi- Des Moines, IA 50309 cation. The retiring attorney (and this is the www.pattersonfirm.com INTEGRITY. PRECISION. SECURITY.

THE Iowa LawyEr February 2014 27

1269_IL.indd 27 2/21/14 7:09 PM

Patterson Law Ad_NEW.indd 1 10/19/12 12:46 AM ceased children and a great assortment of family and friends — who is milking the cows when dad dies? quirky and otherwise. Sometimes the boundary between client When the family business is transferred from one generation and friend blurs until there are no boundaries. to the next, it always comes down to this: “Will my kids be okay, Over the years, I have experienced anxiety from known and Dan?” They don’t run the dairy farm like we did — or the hard- unknown sources — fed by the squirrel cage in my mind at 3 ware store, the clinic, the restaurant, the feed store, the funeral a.m. and mostly related to my law practice. But the victories, the home, the insurance office, the car dealership — and the law defeats, the anxieties and the professional standing of whatever firm. Will they be okay? level I have mustered have never compared in importance to the For most clients, and for me, the answer is, “Release them. people who have crossed my path. Stand back.” What I started will continue and probably get better. I get to move on. It is the people and families and their stories I will It is the people I will remember — the saints and scoundrels remember. alike, exchanging words that sometimes lead into transparent, • In my early practice, I prevailed in an emotionally charged perhaps transcending places. Marcus Borg calls these “thin case. At the end of the trial, everyone was wounded, includ- places.” Sometimes the attorney becomes the only source of ing myself. Years later, the opposing party asked me to be comfort the client has. And sometimes it is the client who does the his attorney. We have become good friends. I have carried comforting: the dying young woman in the Veazie Valley comfort- this gift of unmerited kindness for over 35 years. ing the grief-stricken attorney. • Memories of my wife and me picking up newborn babies We hold onto each other, the wounded helping the wounded, from hospitals and delivering them to adopting couples. and maybe, now and then, as Fredrick Buechner says, “a touch • Meeting with families beyond grief whose sons have com- of the hand — a hug — becomes a holy moment” — and that is mitted suicide. what I will remember. • Estate beneficiaries who volunteer to share their inheri- tance equally with a stepsister left out of a will. *Daniel Farr has served as chairman of the Enumclaw, Wash., Juvenile Court • The always-changing stream meandering through Wil- Conference Committee for 17 years, the Enumclaw School Board of Directors for keson causing disputes between neighbors because the eight years, and as municipal judge for four years. He has represented attorneys and their families in estate planning and probate matters. Married 45 years, he “thread of the stream” was a boundary on many legal has four children, plays bluegrass music and claims to have unparalleled skills descriptions. The stream may have produced more legal telling campfire stories. fees than fish.

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28 THE Iowa LawyEr February 2014

1269_IL.indd 28 2/21/14 7:09 PM KudOS The Iowa State Bar Association congratulates the following individuals for recognition they have received:

Charles (Chuck) F. Becker for his election as president of Belin McCormick, P.C., in Des Moines A native of Des Moines, Becker is a shareholder of the firm who practices primarily in the areas of environ- mental law, real estate, land use, and trial law.

S. Christian (Chris) Nelson and Kelsey J. Knowles for being selected to the three-person Belin McCormick management team. Nelson is a Clive native who earned his B.B.A. at the University of Iowa and his law degree from the University of Michigan. Knowles, originally from metropolitan Phoenix, Ariz., earned her B.S. at Arizona State University and her law degree from Boston College.

William J. (Bill) Miller, for being named as one of the Des Duffelmeyer receives Finn Milleman scholarship Moines Business Records’ 2014 Andrew Duffelmeyer (second from left) recently received the sixth annual Katherine Finn Milleman Memorial Forty Under Forty candidates. A Scholarship award jointly sponsored by the Story County Bar Association and the Honorable Timothy Finn partner in the Dorsey & Whitney and his wife, Marilyn Finn, of Ames. Standing with him (from left) are his mother, Barbara Blakely of Ames, LLP Des Moines office, Miller Judge Finn, and Story County Bar Association President Sam Lyon. The $5,000 scholarship award has been was selected for what he has presented annually to a Drake University law student who demonstrates academic strength and a connection William J. (Bill) accomplished in his profes- with Story County. Miller sional life while giving back to the The scholarship is awarded in memory of the Finns’ daughter, Katherine (“Katie”) Finn Milleman. Finn community. The Business Record has been selecting Milleman graduated from the University of Iowa’s College of Law in 2005. She was born and raised in Ames, Forty Under Forty candidates since 2000. Miller and and was a graduate of Ames High School. She and her husband, Dr. John Milleman, died on Sept. 2, 2006, his classmates bring the total number of individuals while traveling from their home in Texas back to Iowa to celebrate their first wedding anniversary. selected to 600.

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THE Iowa LawyEr February 2014 29

1269_IL.indd 29 2/21/14 7:09 PM Rounds of applause punctuate Chief Justice Cady’s State of the Judiciary address; comments on juvenile justice, family treatment courts receive greatest accolades If applause is any indication of acceptance, Iowa Supreme Court Chief Justice Mark Cady’s State of the Judiciary address was a resounding success. Legislators, the governor and guests interrupted the chief 12 times with applause, eight of those times by rising to their feet. Almost half of the applause occasions came during the chief’s remarks related to children. Protecting Iowa’s children is one of the six priorities Iowans want from their courts, he said. The other five are: 1) providing full-time access to justice; 2) operating an ef- ficient, full-service court system; 3) providing faster and less costly resolution of legal disputes; 4) being open and transparent; and 5) providing fair and impartial justice for all. “We know what works to help at-risk children,” the chief said in Iowa Supreme Court Chief Justice Mark Cady receives standing applause during his discussing the court’s juvenile court officers who meet face-to-face remarks in the State of the Judiciary address last month. with children involved in delinquent behavior. “We also know the goal of protecting Iowa’s children is within reach. And, we all know However, the federal funding is about to run out, and he asked the what it means for Iowa’s future to achieve this goal. We are commit- legislators for money to expand the program. ted, in every individual case, to break the cycle of juvenile delin- “We all know that family services of such critical importance quency that leads to broken homes and adult incarceration.” should not be limited to only a handful of communities.” All Iowans More standing applause occurred when Chief Justice Cady will benefit from a systematic statewide implementation of family discussed the Family Treatment Courts that are currently federally treatment courts. This is what we should do. By working together for funded at six Iowa pilot sites. Following his recitation from a letter a better Iowa, we can and must do our best to end the tragic cycle of written by a 14 -year-old boy to his mother after she successfully broken families and broken lives,” he concluded to another round completed a rehabilitation program through one of the family treat- of standing applause. ment courts, the chief stated: Chief Justice Cady also received applause for his comments on the “We were there for this child and his mother. She left this business specialty court that was initiated during the past year. “The program with her children safely at her side and the promise of a business court will help make Iowa an even better place to create productive life ahead. With your help, we can be there for more and expand business opportunities,” he said. parents and children in their times of crisis. He told those assembled in the House chamber that the court is “We must give life to the hope of every child,” he added. also in the process of developing a new litigation track for civil cases Since the inception of the family treatment courts 463 families filed in district court. This expedited civil-case process is still out for representing 549 parents and almost 900 children have partici- public comment, he said, and invited the legislators to review the pated. “As a result, nearly 80 percent of the children have been able details of the proposed change on the judicial branch website. to remain in the custody of a parent or caregiver, and 95 percent of The chief received applause for the court’s efforts to make access the children did not suffer a recurrence of abuse or neglect,” he said to justice more available to citizens, and for its efforts to make the to standing applause. “Additionally, our six pilot courts have saved court’s activities more transparent, including having the Supreme Iowa’s taxpayers $3.5 million.” Court hold oral arguments in communities around the state. The chief told the legislators, the governor and other guests In addition, he received several rounds of standing applause attending the annual address that more and more people are asking for his comments on the court’s ongoing efforts to find practical the court to initiate family treatment courts in their communities. solutions to eliminate racial disparity in Iowa’s criminal justice system. He told the legislators that the court Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find-A-Lawyer Find- A-Lawyer would work with them as well as law enforce- ment, schools and many others to find those ISBA’s Find-A-Lawyer solutions. “This is a problem we must all address,” he Find-A-Lawyer “FIND-A-LAWYER” said. “It is a community problem that requires The NEW Lawyer Referral Program

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1269_IL.indd 30 2/21/14 7:09 PM IN MEMORIaM Donald (Don) T. Steege, 83, died Oct. 30, Drake University in 1974 and Drake Universi- Judge Thomas was born in Pierre, S.D., 2013 in the Villages, Fla. ty Law School in 1977. After a year of practice he graduated from the University of South Born in Sumner, Don graduated from in Des Moines, he and his wife moved to Dakota in 1967, and the University of Iowa Wartburg College with a B.A. in Business Toledo where he joined the Mickelson, Roan College of Law in 1973. Bill began private Administration, and from the University of and Werner law firm, which later became law practice in Cedar Rapids as an associate Iowa College of Law with a J.D. He practiced Mickelson, Roan and Applegate. of Lew Eells and then became an assistant law in Council Bluffs for 32 years. His prac- Linn County Attorney in the felony division, tice emphasis was in Business, Real Estate Jerry wieslander, 68, died Feb. 2 at Lu- under the guidance of county attorney, Gene and Probate. He served as counsel for First theran Hospital in Des Moines. Kopecky. In 1979, he resumed private prac- Savings and Loan for 20 years. Born in Des Moines, Jerry grew up and spent tice with the firm of Crawford, Sullivan, Read most of his life in the Mitchellville area. He and Roermerman. In 1981, he was appointed robert (Bob) w. Thompson, 66, died Jan. played football for Drake University, where he as a judge in the sixth judicial district, where 1 at Grundy County Memorial Hospital of received his undergraduate and law degrees. he served until the end of 2006 when he natural causes. retired and took senior status. He served as a Bob was born in Devil’s Lake, No. Dak., but hon. william L. Thomas, 68, died Feb. 16, at his home in Cedar Rapids of colon cancer. senior district court judge until Jan. 16 when his family moved to Gladbrook when he was he fully retired. four years old. He received his undergraduate degree from Iowa State University in 1970, and his J.D. from Drake University Law School in Don’t Play Games With Your Intellectual Property 1972. He began practicing law with Mike Rick- ert in 1972, then opened his own law practice 19 Intellectual Property Attorneys in 1990. In 2010, he received the Iowa Legal Patents, Trademarks, Copyrights, Trade Secrets, Litigation, Licensing Aid Volunteer Lawyer Project Award. walter Leroy Sauer, 86, died Jan. 11 at his home in Oelwein. Born in Cresco, Walt enlisted in the U.S. Navy after graduating from high school and served at Iwo Jima, Okinawa and in China. He received a B.A. degree in education from Q: What lawyer born in Primghar, Coe College in Cedar Rapids, then a masters Iowa was nominated for a degree in education from the University of Golden Globe® Award for Best Iowa while teaching at Marion High School. Supporting Actor - Motion In the fall of that year, he joined the U.S. Air Picture for his role as the judge

Force and was a pilot during the Korean War. in Anatomy of a Murder?

He graduated from Drake University Law

A:

Welch. N. School in 1959, and immediately after law Joseph school set up a law practice in Oelwein with his good friend Gus Johnson. During that time he served as the Fayette County Attorney for 18 years until he was appointed to the Iowa Parole Board where he served 20 years. Walt Q: Which MVS intellectual property practiced law until well into 2013 – a legal ca- attorneys formerly acted as reer that spanned 54 years. He also remained clerks for federal judges? active in the Air Force reserves, attaining the rank of Brigadier General before retiring after

45 years of total military service. McAnelly. Cory and Holst, Luke

A:

Lebrón-Dykeman, James (Jim) L. Spellman, Sr., 80, died Jan. Christine 12 at his home in Des Moines. Jim was born in Woodward. From a young age, he excelled academically. He received both his undergraduate and law degrees from Creighton University, graduating at the top of his class in law school. Following service as a captain in the Army Judge Advocate General MVS (JAG) Corps, he returned to central Iowa where he practiced in the Des Moines area. Dennis applegate, 61, died Jan. 20 in his McKEE, VOORHEES & SEASE, PLC home in Toledo. 801 Grand Avenue 106 East 6th Street Born on Valentine’s Day in Marshalltown Suite 3200 Suite 900 to a Toledo businessman, Dennis graduated Des Moines, Iowa 50309-2721 Austin, Texas 78701-3659 from South Tama High School in 1970, 515-288-3667 • www.ipmvs.com

THE Iowa LawyEr February 2014 31

1269_IL.indd 31 2/21/14 7:09 PM Working as Co-counsel with Iowa Lawyers on Personal Injury and Workers’ Compensation cases for over 25 years.

Tom L. Drew 535 40th Street, Des Moines, IA 50312 Phone: (515) 323-5640 Fax: (515) 323-5643 www.drewlawfirm.com Email: [email protected]

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