THE L AW Y ER FEBRUARY 2018 V 78 N 1

Meet Iowa’s Lawyer-Legislators PAGE 13

ALSO THIS IN ISSUE The Avoidable Ethics Complaint PAGE 14

Iowa State Bar Foundation Launches Capital Campaign PAGE 20

Funding Fight Previewing the 2018 Legislative Session and ISBA priorities Your IP Litigation is Our Specialty

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THE IOWA LAWYER 2 FEBRUARY 2018 PATENTS • TRADEMARKS • COPYRIGHTS • TRADE SECRETS • ENTERTAINMENT LAW • LICENSING • LITIGATION

IALawyerPrintAd_February2018 (Litigation).indd 1 1/8/2018 9:42:04 AM The official publication of The Iowa State Bar Association.

EDITORIAL TEAM Volume 78 Editor-in-Chief Contributing Editor Number 1 Melissa Higgins Virginia Sipes, J.D. February 2018 515-697-7896 515-697-7897 [email protected] [email protected] Copy Editor General Inquiries Contents Steve Boeckman 515-243-3179 515-697-7869 [email protected] [email protected]

THE IOWA LAWYER (ISSN 1052-5327) is published monthly except for the combined December-January issue, by The Iowa State Bar Association, 625 East Court Ave., Des Moines, IA 50309-1904. One copy of each issue is furnished to association members as part of their annual dues. Non-member subscription rates are $40 per year. Periodicals postage paid at Des Moines, Iowa. POSTMASTER Send address changes to The Iowa Lawyer Magazine, 625 East Court Avenue, Des Moines, Iowa, 50309-1904. Members can contact the membership department to change their address by emailing membership@ iowabar.org.

PRINTER The Iowa Lawyer Magazine is printed by Colorfx, 10776 Aurora Avenue, Des Moines, Iowa, 50322. Telephone 515- 270-0402. Design and Production: Mittera Creative. Features Columns ADVERTISING CLASSIFIED. Qualifying ISBA members receive two free non-job listings annually as a member benefit. Members 8 2018 Legislative Session 5 President’s Letter promises to be challenging should contact the ISBA Communications Department for The 2018 legislative THE IOWA L AW Y ER 11 Affirmative Legislative ad placement. Non-member classified ad rate is $110 at 125 FEBRUARY 2018 V 78 N 1 session will be a tremendous Program words per listing. See classified section for further details. challenge for any group or Meet Iowa’s Lawyer-Legislators entity seeking state funding, DISPLAY. Display advertising in The Iowa Lawyer PAGE 13 including the judicial 18 Transitions ALSO THIS IN ISSUE The Avoidable Ethics Complaint branch. By James Carney, Magazine is handled by Larson Enterprises, Inc., 909 PAGE 14

Iowa State Bar Douglas Struyk, 50th Street, West Des Moines, Iowa, 50265. For display Foundation Launches Capital Campaign Jenny Dorman In Memoriam advertising and non-member classified advertisement PAGE 20 19 rates, contact 13 Meet Iowa’s 2018 24 CLE information Alex Larson at 515-238-4406 or [email protected]. Funding lawyer-legislators The Avoidable Ethics SUBMISSIONS Fight 14 28 Classifieds Previewing the 2018 Legislative Session and ISBA priorities Complaint The Iowa State Bar Association seeks to publish original Our obligations to our articles that advance the education, competence, profession and to the public ethical practice and public responsibility of Iowa demand that we embrace lawyers. Members are encouraged to submit articles About the Cover strategies and practices In Brief There are 18 lawyer- aimed at prevention of as and manuscripts to the editor for possible publication. many ethics complaints Submissions should be no longer than 1,500 words, legislators back at the Iowa as possible. By Tara 4 Board of Governors to although exceptions can be made. Footnotes should be State Capitol building for the van Brederode nominate ABA delegate kept to a minimum. Include a short bio of the author(s) 2018 session, the second 20 Iowa State Bar Foundation and professional photo(s) when submitting. NOTE: Not half of the 87th General launches capital campaign 4 Now is the time to sign all submissions are guaranteed publication. The editors Assembly. With the state The plan is to raise the more up for ISBA sections than $1 million by Dec. 31 and bar leaders review all submissions to a make a budget extremely tight, their and committees determination of suitability for publication. Email all of this year. That will be a jobs prove to be challenging. fitting kickoff to the Foun- submissions to [email protected] in Learn more about them dation’s 75th Anniversary, Microsoft Word format. which it celebrates in 2019. on page 13, and about the *The Iowa Lawyer February By Steve Boeckman issue does not contain the usual STATEMENTS OR OPINIONS ISBA’s legislative priorities ISBA BOG finalizes 2018 “Thanks to Speakers” list due to The statements and opinions in this publication are on page 8. 22 those of the authors and not necessarily those of The affirmative legislative space constraints. Please see the agenda items at quarterly Iowa State Bar Association. Readers should consult Feb. 7 issue of the Iowa Lawyer meeting, approves action on Weekly electronic newsletter to original sources of authority to verify exactness. key issues Advertising in this publication does not constitute view the list of individuals who endorsement of a product or service unless 30 Spotlight on service: participated in December and specifically stated. Jim Locher January ISBA events. The Iowa State Bar Association In Brief 625 East Court Avenue, Des Moines, Iowa, 50309-1904 Main: 515-243-3179 Fax: 515-243-2511 www.iowabar.org [email protected] PRESIDENT Board of Governors to Stephen R. Eckley Des Moines 515-283-4637 [email protected] PRESIDENT-ELECT Nominate ABA Delegate Tom Levis W. Des Moines 515-274-1450 [email protected] he ISBA Board of Governors will choose a VICE PRESIDENT Willard Boyd III Des Moines 515-283-3172 [email protected] nominee for the State Bar Association delegate to SECRETARY T the ABA at its quarterly board meeting in March. Dwight Dinkla Des Moines 515-697-7867 [email protected] The nominee’s name will be placed on the election ballot IMMEDIATE PAST PRESIDENT Arnold “Skip” Kenyon III Creston 641-782-1000 [email protected] sent to ISBA members later this spring. The ABA House of DISTRICT GOVERNORS Delegates meets twice annually. The meetings generally DISTRICT 1A Steven J. Drahozal Dubuque 563-583-1940 [email protected] occur in early February and August and require three to Gary Mick Guttenberg 563-252-1733 [email protected] four days per meeting. Partial reimbursement is paid by DISTRICT 1B the ISBA to help defray the cost of the delegate’s Shannon Simms Waterloo 319-291-6161 [email protected] John Wood Waterloo 319-234-1766 [email protected] participation. Membership in both the ISBA and the DISTRICT 2A ABA is required. Matthew F. Berry Clear Lake 641-357-7296 [email protected] Any ISBA member interested in volunteering for this Patrick Vickers Greene 641-823-4192 [email protected] DISTRICT 2B position should submit a letter of interest not later than Victoria Feilmeyer Ames 515-956-3915 [email protected] March 1. You can send it by email to ddinkla@iowabar. Jerry Schnurr III Fort Dodge 515-576-3977 [email protected] Bethany Currie Marshalltown 641-752-8800 [email protected] org, or by mail to: DISTRICT 3A Jill Davis Spencer 712-262-1150 [email protected] Dwight Dinkla, Executive Director John M. Loughlin Cherokee 712-225-2514 [email protected] The Iowa State Bar Association DISTRICT 3B 625 E. Court Ave. Maura Sailer Denison 712-263-4627 [email protected] James Daane Sioux City 712-252-2424 [email protected] Des Moines, IA 50309 DISTRICT 4 Kathleen Kohorst Harlan 712-755-3156 [email protected] Prior service in the ABA House is not required, but Robert Livingston Council Bluffs 712-322-4033 [email protected] considered a positive factor in the selection. The delegate DISTRICT 5A will assume his or her position on Oct. 1, and attend the Mason Ouderkirk Indianola 515-961-5315 [email protected] Daniel Huitink Pella 641-621-8130 [email protected] first meeting in February 2019 in Las Vegas, Nevada. DISTRICT 5B Current ABA Delegate David L. Brown is expected to Roberta Chambers Corydon 641-870-0108 [email protected] seek the nomination for an additional two-year term. DISTRICT 5C Willard Boyd III Des Moines 515-283-3172 [email protected] Emily Chafa Johnston 515-986-0914 [email protected] Joseph Happe Des Moines 515-288-2500 [email protected] Now is the time to sign up for ISBA Margaret A. Hanson Des Moines 515-246-7957 [email protected] Bridget R. Penick Des Moines 515-242-8902 [email protected] sections and committees Adam D. Zenor Des Moines 515-245-8902 [email protected] he ISBA’s sections and committees make up the Dawn Boucher W. Des Moines 515-267-1174 [email protected] Kathleen Law Des Moines 515-283-3116 [email protected] lifeblood of the organization, and many have Abhay Nadipuram Des Moines 515-288-2500 [email protected] openings to get involved right now. Please log Nathan Overberg Des Moines 515-243-7611 [email protected] T Nicolle Schippers Des Moines 515-237-0270 [email protected] onto www.iowabar.org/2018CommSect to submit your DISTRICT 6 online application for any of the two dozen section Linda Kirsch Cedar Rapids 319-365-9461 [email protected] Lori Klockau Iowa City 319-338-7968 [email protected] councils or two dozen committees that make up the Jonathan D. Schmidt Cedar Rapids 319-366-1000 [email protected] ISBA. President-Elect Tom Levis will be evaluating the Robert Fischer Vinton 319-472-2353 [email protected] Mark Parmenter Cedar Rapids 319-365-1184 [email protected] applications, and will make appointments effective by DISTRICT 7 Annual Meeting in June. David J. Helscher Clinton 563-243-1243 [email protected] The ISBA needs active participation from its members Christopher Surls Lowden 563-941-5301 [email protected] Ian J. Russell Bettendorf 563-324-3246 [email protected] to thrive. Please consider getting involved! DISTRICT 8A Robert Breckenridge Ottumwa 641-684-6097 [email protected] Ryan J. Mitchell Ottumwa 641-682-5447 [email protected] DISTRICT 8B Brian Helling Burlington 319-754-6587 [email protected] REPRESENTATIVES AND DELEGATES Iowa Judges Association Delegate: Mary Chicchelly Cedar Rapids 319-398-3920 [email protected] ABA Delegates: Alan Olson Des Moines 515-271-9100 [email protected] David L. Brown Des Moines 515-244-2141 [email protected] Jane Lorentzen Des Moines 515-244-0111 [email protected] LEGISLATIVE COUNSEL TEAM James Carney Des Moines 515-282-6803 [email protected] Doug Struyk Des Moines 515-282-6803 [email protected] ISBA YOUNG LAWYERS DIVISION OFFICERS YLD President Thomas Hillers Des Moines 515-984-0091 [email protected] YLD President-elect Margret E. White Des Moines 515-244-4300 [email protected] YLD Secretary Abhay Nadipuram Des Moines 515-288-2500 [email protected] YLD Immediate Past President Reed McManigal W. Des Moines 515-223-6860 [email protected] PRESIDENT’S LETTER – STEPHEN R. ECKLEY Columns President’s Letter Courts Under Assault was thinking this month’s letter would be an easy one to write, short I and filled more with fluff than thought-provoking substance. Most of you know that Monday, Jan. 8 was the first day of the 2018 legislative session. On Tuesday, Governor Kim Reynolds gave her Condition of the State address, and on Wednesday Supreme Court Chief Justice Mark Cady gave his State of the Judiciary address. My plan was to give high praise to Chief Cady for another outstanding job, compliment our Young Lawyers Division for organizing a nice A delegation of ISBA officers visited Governor Kim Reynolds (center) and Lieutenant Governor Adam Gregg turnout to support the chief, then dazzle (to the right of the governor) at the Statehouse on Jan. 10. ISBA delegation, left-to-right: you with edge-of-your-seat details from Executive Director Dwight Dinkla, YLD Secretary Abhay Nadipuram, Vice President Bill Boyd, President Steve Eckley and President-Elect Tom Levis. ISBA leadership’s heady day of meetings at the Capitol. Here’s the schedule for Jan. 10 12:00 – 12:30 p.m. Meeting with Senate put together by our peerless lobbyist team, Democrat Leader These private meetings with the top led by the venerable Jim Carney: . officials of the executive and legislative Minority Leader’s branches are a rare privilege granted to 8:30 a.m. Meet in the Capitol office behind the your bar association. The meetings give bar cafeteria Senate on the 3rd leadership the opportunity to advocate for floor. the interests of Iowa lawyers on significant 9:00 – 9:30 a.m. Meeting with issues expected to be debated during the Governor Reynolds, 12:30 – 1:00 p.m. Meeting with House coming session. This year, the issues we Lt. Governor Gregg, Minority Leader discussed included the judicial branch and Colin Smith, Mark Smith in his budget, the hourly rate paid by the state for legal counsel to the office on the 1st floor representation of indigent governor, in the across from the old defendants, continued support for Iowa Governor’s formal Supreme Court Legal Aid, final funding for the Polk County office, 1st Floor. Chamber. Justice Center, the steady 20-year decline in tort filings and civil jury trials and the 10:00 – 10:45 a.m. State of the 1:00 – 1:30 p.m. Meeting with House need to standardize the taxing of probate Judiciary in the Speaker Linda court costs. House Chamber Upmeyer and We left the Capitol feeling appreciative Majority Leader for the opportunity to be heard and 10:45 – 11:30 a.m. Reception with the in the thinking the day had gone relatively well judicial branch in Speaker’s office given the prevailing winds on the Hill. the old Supreme behind the House. Court Chamber

11:30 – 12:00 p.m. Meeting with President Jack Joseph A. Happe Whitver and Senate Mediation and Arbitration Services Majority Leader Bill Civil litigation, general liability & Dix in the Majority worker’s compensation cases Leader’s office behind the Senate on American Academy of ADR Attorneys member, the 3rd floor. AV rated, 30-years litigation experience, significant mediation and trial experience 11:55 – 12:00 p.m. Photos of Lawyer/ Scheduling: Legislators—Back Jenny (515) 246-7846 Free parking|Free Wi-Fi|Multiple conference rooms in Stairs of House or Joe (515) 246-7998 Des Moines with offices in Ames and West Des Moines. DAVIS BROWN KOEHN SHORS & ROBERTS, P.C. PHONE: 515.288.2500 | WWW.DAVISBROWNLAW.COM

THE IOWA LAWYER 5 FEBRUARY 2018 The cold splash came two weeks later on Consider this: businesses, will suffer the most from Jan. 25th, when the Senate Appropriations • Fewer criminals will be arrested, and all of these problems because they Committee proposed addressing a $35 those that are will be more likely to will get lowest priority when it comes million revenue shortfall by de- have charges dismissed, because it to scheduling. appropriating $50 million from state will be too expensive and time- • Costs of this nature are hard to agencies, including a staggering $4.8 consuming for county attorneys and quantify in dollar terms, and no million from the judicial branch. law enforcement personnel to travel attempt has been made in Iowa. New State Court Administrator Todd for arraignments, preliminary But in Georgia it is estimated that Nuccio projects that a $4.8 million cut will hearings, trials and sentencings. three years of court funding cuts require closing more than 30 county • Victims of domestic abuse, individuals crippled the state’s total economic courthouses and eliminating personnel with mental health or substance abuse output to the tune of $337-$802 across the state. As many of you know, our issues, parents with family law million annually. courts are already reeling from past cuts. problems, and juveniles in need of Why are we in this position? I leave for At the beginning of the year, judicial court services will be less likely to others the arguments over whether recent branch staffing was already down 10 seek help or unable to get it because budget shortfalls result more from business percent. More layoffs are inevitable of the greater time lost from work, tax breaks, including the massive

“COURT FUNDING IS NOT REALLY ABOUT JUDGES, STAFF OR COURTROOMS. IT’S ABOUT THE INDIVIDUALS, FAMILIES AND BUSINESSES WHO NEED THE COURTS TO ACHIEVE JUSTICE AND RESOLVE DISPUTES.” Stephen Eckley on budget cuts

because 96 percent of the judicial branch transportation challenges and budget is comprised of personnel costs. increased cost of legal representation It’s impossible to gauge the hardship due to attorney travel time. and chaos that will be caused by closing 30 • Businesses will find it harder and more courthouses and forcing surrounding expensive to collect accounts, enforce counties to absorb the fallout. Court contracts and resolve disputes. funding is not really about judges, staff or • Tens of thousands of Iowans involved courtrooms. It’s about the individuals, in all manner of court-related matters, families and businesses who need the from traffic tickets to small claims to courts to achieve justice and resolve probate estates, will confront delays, disputes. And one thing is clear: the cost to uncertainty, lost time, inconvenience Iowans, in dollars and otherwise, will far and increased costs. exceed the size of the budget cut. • Civil litigants, whether individuals or commercial property tax cut enacted in 2013, or from the decline in farm commodity prices. But part of the answer depends on a basic understanding of the Conducting Mediations state’s budget process. Of Civil Matters Including The Iowa Constitution requires the Employment Law And governor and the legislature to enact a Civil Rights Disputes. balanced budget. By statute, the legislature must limit its budget to no more than 99 percent of estimated revenue, as determined by the Revenue Estimating Committee. Recently, the REC lowered its DAVID GOLDMAN estimate for the current fiscal year, Phone: 515.309.6850 projecting that revenue will be about $35 David Goldman Email: [email protected] million less than what the legislature References Available On Request budgeted. To balance the budget, there are

THE IOWA LAWYER 6 FEBRUARY 2018 Columns President’s Letter two options: take money from Iowa’s blueprint for the permanent closures of the As this letter goes to press, your bar roughly $600 million rainy day fund, as was near future. These decisions, which could association is working very hard to done last year, or reduce spending over the mean life or death for some of our rural minimize cuts to the judicial branch. We five months left in the fiscal year. Spending communities, deserve the broad public need your help. Please take a few minutes reductions are accomplished by de- input and spirited debate our legislative to call or email your legislators. If they appropriations. (You might ask, why process is constitutionally designed to don’t hear from you, they will not care what de-appropriate $50 million if the shortfall provide. They should not be made by the you think. Links to contact information for is only $35 million? That’s simple. The judicial branch. all legislators can be found at Iowabar.org. legislators want a “cushion” so they won’t I am concerned the real answer is a Thank you. have to reconvene if the latest estimate different one, and it should scare all of us proves too low.) who care about the integrity of our courts To provide perspective, out of a total and the constitutional doctrine of checks state budget of $7.2 billion, last year the and balances between the three co-equal judicial branch received $175 million to government branches. Some legislators cover the cost of providing critical services have let it be known that the courts would in all 99 counties. This means that a receive more funding if judges made more co-equal branch of state government was favorable decisions. More favorable to Stephen R. Eckley allocated only 2.5 percent of the state whom? This should be a clarion, call not is a senior civil trial attorney at general fund. But that doesn’t tell the full just to all Iowa attorneys, but to all Iowans Belin McCormick in Des Moines. story. Through collection of fines, fees and who believe in basic democratic principles court costs, the courts paid nearly $150 enshrined in our Constitution. million into the general fund and several To quote John Adams: other state funds. Furthermore, it is “The dignity and stability of estimated that specialty courts working government in all its branches, the with families, juveniles, young adults and morals of the people, and every blessing of substance abusers saved the state more society depend so much upon an upright than $30 million by diverting individuals and skillful administration of justice, that from correctional facilities and other the judicial power ought to be distinct expensive programs. In short, last year the from both the legislative and executive, judicial branch more than paid for itself. and independent upon both, that so it A cut of $4.8 million means the judicial may be a check upon both….” branch will be required to absorb almost 10 To me, the current attack on the judicial percent of the total de-appropriation of $50 branch is potentially more harmful to Need million, even though the courts receive only Iowans than what followed Varnum v Brien. Business Valuations 2.5 percent of the general fund (and, as we The reaction after Varnum was focused on have seen, pay all of that back). a single issue, the discussion was out in the and So why is the judicial branch singled out open, and the culmination was an Litigation Support? for hugely disproportionate cuts? The opportunity for the public to express its skeptic in me wonders whether our views at the ballot box. This time, certain Over 30 years of experience legislators are looking to force the judicial legislators are seeking to starve the in litigation support, forensics branch to make, and take the heat for, judicial branch of funding so they can and business valuations. politically unpopular decisions about which surreptitiously influence the courts to courthouses get closed. The temporary make decisions that are biased in favor closures of today are likely to serve as the of those with political influence. CPA/ABV/CFF, ASA.*

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THE IOWA LAWYER 7 FEBRUARY 2018

12225_CMandelbaum_Ad.indd 1 9/1/09 3:08:40 PM 2018 By James Carney, ISBA Legislative Counsel Douglas Struyk, LEGISLATIVE Assistant ISBA Legislative Counsel Jenny Dorman, SESSION Assistant ISBA Legislative Counsel Promises to be Challenging

LEGISLATIVE SESSION: AT A GLANCE • The 2018 session is the second half of the 87th General Assembly. • First funnel: Feb. 16 • Second funnel: March 16 • Per diem runs out: April 17

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THE IOWA LAWYER 8 FEBRUARY 2018 Features James Carney, Douglas Struyk, Jenny Dorman

By James Carney, ISBA Legislative Counsel Douglas Struyk, Assistant ISBA Legislative Counsel Jenny Dorman, Assistant ISBA Legislative Counsel he 2018 legislative session will the seat vacated by Senator Bill Anderson. be a tremendous challenge for This added a lawyer to the Senate. We T any group or entity seeking state are fortunate to have lawyers who are funding. This means the judicial branch willing to be involved in public service. will face great challenges in obtaining full Lawyers understand complex issues and funding of its budget. The judicial branch can find compromise where others may is requesting a 7.9 percent increase in not. The more lawyers who participate in funding, which will be extremely difficult the legislative process, the better the work without a significant increase in state product is for the state. revenues. Last session there were 1,653 bills While the major issues have not or study bills introduced between the program appears in this month’s Iowa changed, Iowa has a new governor, Kim House and Senate. We expect a similar Lawyer for your review on page 11. Reynolds, who ascended to governor by number to be introduced again this year. The ISBA has one of the most aggressive replacing Ambassador Terry Branstad. The ISBA was registered on over 350 affirmative programs of any interest group Iowa also has a new Lieutenant Governor, bills last session. These bills were all in the state. Normally, The ISBA submits lawyer and former State Public Defender reviewed by ISBA members serving on the anywhere from 15 to 20 proposals each Adam Gregg. The will section legislative councils. We greatly legislative session. This year there are again be controlled by Republicans, who appreciate the time these attorneys invest proposals from the Business Law, Probate hold a 29-20-1 majority in the Senate. in reviewing these bills for our profession. & Trust Law, and Real Estate & Title Law Republicans in the Iowa House continue Any bill that was not enrolled last session sections. We will keep you updated on the to hold a majority of 58-41 with a pending is still viable in the 2018 session since progress of these affirmative bills via The special election to fill one vacant seat. it is the second year of the 87th General Iowa Lawyer and Iowa Lawyer Weekly. There will be a total of 18 lawyers Assembly. serving in the legislature in 2018 with Key issues impacting lawyers 12 in the House and six in the Senate. Affirmative Legislative Program Judicial Branch Funding – During the You can learn more about them on page The ISBA Board of Governors (BOG) 2017 session, the judicial branch was flat 13. This is a net gain of one new lawyer- has approved the ISBA legislative funded for FY2017. At the beginning of legislator in 2018. With the passing of proposals for the 2018 session. Legislative the 2017 session, the legislature reduced Rep. Greg Forristall, a special election proposals are prepared by various the Judicial Branch budget for FY2017 in Council Bluffs elected lawyer- sections, presented to the BOG for by $3 million as part of a total $118 legislator, Representative Jon Jacobsen. approval, and adopted as a part of million deappropriation necessitated by Representative (R) Sioux City the ISBA legislative program. A chart lower than expected state receipts. The won a special election in December to fill outlining the ISBA affirmative legislative legislature flat funded the judicial branch

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THE IOWA LAWYER 9 FEBRUARY 2018 Stephen Powell AD.indd 1 10/3/14 12:17 AM Features James Carney, Douglas Struyk, Jenny Dorman

for FY2018 by carrying forward the revised which is a 7.9 percent increase. FY2017 budget. To address this continued Tort Reform – As anticipated, the 2017 shortfall in funding, the judicial branch session included a significant number of implemented a hiring freeze, held open tort reform proposals. New laws addressing judicial vacancies, deferred technology medical malpractice caps, statute of projects, restricted travel of judges and repose, stand your ground and trespassing instituted a moratorium on the expansion were enacted. There were also many bills of specialty courts. There are 68 vacant that did not advance, including loser pays positions which bring the number of and raising the comparative fault cap for unfilled positions to 115, including 11 failure to wear a seat belt. We expect the judicial officers. The court has requested 2018 session will continue the review of an increase of $13.8 million for FY 2019 Iowa’s tort laws.

The 18 lawyer-legislators pose together on the stairs inside the Iowa Statehouse, at the beginning of the 2018 session. You can learn more about them on page 13.

The ISBA legislative team is composed of Jim Carney, returning for his 43rd year of representing the Bar; Doug Struyk, a former lawyer legislator serving his fifth year as assistant legislative counsel; and Jenny Dorman, who recently joined the Carney & Appleby firm and will be lobbying in her first session.

Dorman is a recent graduate of Drake Lockton Affinity made partner over 10 years ago University Law School and was admitted to the Iowa Bar in September While your Professional Liability Insurance may not be your number one priority, choosing the right policy is an important decision to ensure of 2017. She participated in Drake your personal assets and reputation are protected. Law’s Legislative Practice Program, working as a legal intern in the House Now is the time to make sure you are adequately covered. of Representatives in the 2016 session, Does your current provider meet all of these conditions? and legal intern for the Senate Majority Caucus staff in the 2017 session. • Broad coverage form to properly protect you • Valuable risk management resources to help you avoid a claim If you have any questions regarding the • Cyber Liability coverage options designed to fit your specific needs ISBA affirmative legislative program or any other legislative matter, please By taking advantage of the ISBA Endorsed Insurance Program, you will have the backing of CNA, the largest insurer of lawyers in the country. contact Jim Carney, Doug Struyk, or Jenny Dorman at 515-282-6803, or by email: [email protected] [email protected] [email protected] For more information about Lockton and the ISBA Insurance Program, visit IowaBarInsurance.com or call (800) 679-7154.

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THE IOWA LAWYER 10 FEBRUARY 2018 IOWA STATE BAR ASSOCIATION — 2018 Affirmative Legislative Program Bill No./Subject Description Status

Business Law 1 Amends §504.832 to add an explicit reference to section §504.836 authorizing a safe harbor for business opportunities. Amends §491.16A to include In Drafting House Business Law Technical Changes §§490.860 through 490.870 as these sections were not picked up when the Iowa Business Corporation Act was last amended. Clarifies language in Code §§ In Drafting Senate 9H.1 and 9H.4 regarding nonprofit corporations. The clarification is simply to ensure that all previous nonprofit chapters are included within the definition and restrictions of the chapter. Iowa’s nonprofit chapter has been Chapter 504, 504A, and returned to 504.

HF 135 SSB 3014 Amends the Iowa Uniform Power of Attorney Act by adding a new subsection (10) to 633B.204 to clarify that an agent under a power of attorney may waive or In House Judiciary Senate – Waiver of Spousal Share relinquish a spousal right, homestead, and elective share if the principal has granted the agent Gen. Powers under the real property section 204 to 633B. Awaiting Committee Vote

HF 639 Relates to how the clerk of probate court determines and collects charges regarding services provided in probate matters. Excludes from the determination of Calculation of Probate court costs property over which the court lacks probate jurisdiction and for which the clerk renders no services. Specifies that for purposes of calculating the House Ways & Means Court Costs costs for other services performed by the court in the settlement of the estate of any decedent, minor, person with mental illness, or other persons laboring No Senate Companion under legal disability, the value of such a person’s personal property and real estate is equal to the gross assets of the estate listed in the probate inventory minus, unless the proceeds of the gross assets are payable to the estate, joint tenancy property, transfers made during such person’s lifetime such as to a revocable trust, and assets payable to beneficiaries.

SSB 3010/ HSB 506 Conforms old probate statutes with EDMS standards and procedures. Amends §633.22 (Probate Powers of Clerk), Amends §633.27 (Probate Docket), Deletes Senate – Passed through Conforming Probate Code to §633.72 (Manner of Service), Amends §633.82 (Designation of Attorney), and Amends §633.418 (Form and Verification of Claims). Committee House – Passed EDMS Standards through Committee

SSB 3009/ HSB 501 Amend §635.7 to clarify that, when the Personal Representative files a statement of conversion to or from small estate administration, the Clerk will make the Senate – Passed through Small Estate Changes conversion without court order; and amend §635.8 to provide clarification to the procedure for closing by sworn statement. Committee House – Passed through Committee

SSB 3016/ HSB 503 Code §633.31 is currently being applied inconsistently throughout the state. There are now several district court cases declaring the clerks in at least six Senate - Awaiting Committee Revised Calculation of Probate counties to be calculating court fees inappropriately. The bill addresses how the clerk of probate court determines and collects charges in connection with Vote House – Awaiting Court Fees services provided in probate matters. Excludes from the determination of court fees property over which the court lacks probate jurisdiction and for which the Committee Vote clerk renders no services. Increases fees in §633.31 to keep impact of change in treatment of non-probate assets revenue neutral to the state by striking the existing fee structure and creating at 0.25% administration fee. The legislation also creates a $185.00 filing fee while removing many of the individual charges associated with probate.

SSB 3011 Funeral and burial costs are paid from a decedent’s estate, but the decedent is not given a say in the funeral and burial process. The proposal will allow a person Awaiting sub-committee in the Funeral Directives to define “reasonable funeral and burial costs” so that an heir cannot subvert the person’s testamentary intent. Senate (Sinclair, CH., Edler & Taylor) In Drafting House

Updated 1/26/18

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THE IOWA LAWYER 11 FEBRUARY 2018 IOWA STATE BAR ASSOCIATION — 2018 Affirmative Legislative Program Bill No./Subject Description Status

SSB 3007/ HSB 500 Amends Code § 633.356 addressing the distribution of property by affidavit for a very small estate. The legislation increases the amount of a qualifying estate Awaiting sub-committee Very Small Estates from $25,000 to $50,000. Also adds to the current requirements of the affidavit the following: that no debt is owed to the Iowa Department of Human Services in the Senate (Edler, CH., for reimbursement of Medicaid benefits, or if there is it will be paid to the extent of the funds received; that no inheritance taxes are owed; and that creditors will Dawson & Boulton) House – be paid to the extent of funds received pursuant to the affidavit. Passed through Committee

SSB 3015/ HSB 505 Amends §450.48 to clarify satisfactory security to the Department of Revenue to include but not be limited to bank or securities accounts with an irrevocable Awaiting sub-committee Deferred Payment of Taxes – pay on death or transfer on death provision naming the department of revenue, an escrow agreement with an attorney under which the funds will be held in the in the Senate (Edler, CH., Options to Bonding attorney’s trust account, or the lien imposed by the chapter. Schultz & Bisignano) House – Passed through Committee

SSB 1090 The bill creates an exception to the rule against perpetuities if the Trustor explicitly suspends the rule and if the Trustee has the power to sell trust assets. SSB1090 No House Rule Against Perpetuities Companion

SSB 3012 Remedies issues arising from Iowa Court of Appeals decision Firestone v. FT13 (Filed 4-30-14) relating to redemption issues arising from ownership of property Awaiting sub-committee in the Redemption from Tax Sale of by minors or persons of unsound mind. Senate (Dawson, CH., Edler & Property Owned by Persons with Bisignano) In Drafting House Disabilities

SSB 3013/ HSB 504 Remedies ambiguities and inconsistencies in existing statutes & provides remedies for failure of mortgagees to issue releases of mortgages. Senate – Awaiting Committee Requirements for Timely Filing Vote House – Awaiting of Releases or Satisfactions Committee Vote of Mortgages

Real Estate 4 This bill completely reorganizes and renumbers Iowa Code chapter 651, and repeals Division XII of the Iowa Rules of Civil Procedure In Drafting House In Drafting Real Estate Partitions governing partition procedures. The proposed legislation divides chapter 651 procedures into two divisions, general procedures applicable Senate to all partitions and special procedures applicable to “heirs property,” partitions. This bill adds a definition section, new sections clarifying court procedures governing the initial decree, the appointment of a judicial referee, the appraisal order, and the final determination of real property value. Finally, this bill specifically authorizes the equitable remedy known as “owelty” in Iowa partition actions and provides that attorney fees in partition actions are to be fixed by the court in a reasonable manner and taxed as part of the court costs.

HSB 63 Makes changes to procedures for eviction after forfeiture of a real estate contract. Grants statutory authority under Code Chapter 648 for a vendor in a real In House Judiciary No Senate Forcible Entry & Detainer estate installment contract to seek Forcible Entry & Detainer action against holdover vendee who fails to vacate after forfeiture proceedings are complete, while Companion Actions After Forfeiture of affording holdover vendees proper due process. Allows small claims magistrates to hold preliminary hearings in forfeiture cases and to enter judgments of Real Estate Contracts removal only if the defendant defaults or appears and does not raise facts which would constitute a defense to eviction.

Updated 1/26/18

In addition to the above legislative proposals, The Iowa State Bar Association supports the following positions as a part of its 2018 Affirmative Legislative Program: • Full funding of indigent defense and adoption of legislation providing for a $5-per-hour increase with an automatic cost of living increase in indigent defense fees. • Full funding of the judicial branch. • Full funding for legal services. • Full funding of the IA Secretary of State’s Office as requested by IA Secretary of State Paul Pate. • 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. • Child abuse prevention and treatment efforts and funding for child abuse prevention and treatment. • Opposition to the legalization of title insurance. • Monitor issues regarding lawyer abstracting under Iowa Title Guaranty. • Opposition to absolute immunity legislation.

THE IOWA LAWYER 12 FEBRUARY 2018 Iowa’s 2018 lawyer-legislators Representatives Cont. Senators Legislative Leadership Sen. Rep. Sen. Jim Carlin Senate President District 98 – Clinton District 03 – Sioux City District 19 – Ankeny Democrat Republican Republican Contact: Contact: Contact: jack.whitver mary.wolfe jim.carlin @legis.iowa.gov @legis.iowa.gov @legis.iowa.gov Whitver was first elected in 2010. He has a bachelor’s degree from Iowa State University, an MBA from Iowa Rep. Sen. State University and his law degree is from Drake District 33 – Des Moines District 13 – Indianola University. He is a member of the ISBA and practices law Democrat Republican at Whitaker, Hagenow & Gustoff, LLP in Des Moines. Contact: Contact: brian.meyer julian.garrett Rep. Chris Hagenow @legis.iowa.gov @legis.iowa.gov House Majority Leader Rep. Rick Olson Sen. District 43 – Windsor District 31 – Des Moines District 33 – Cedar Rapids Heights Republican Democrat Democrat Contact: chris.hagenow Contact: Contact: @legis.iowa.gov Hagenow was first elected to the House in 2008. rick.olson rob.hogg He has a bachelor’s degree from the University of @legis.iowa.gov @legis.iowa.gov Northern Iowa and his law degree from the Rep. Andy McKean Sen. Charles Schneider University of Iowa in 1997. He is a member of the District 58 – Anamosa District 22 – West Des Moines ISBA and is a founding partner of Whitaker, Republican Republican Hagenow & Gustoff, LLP in Des Moines. Contact: Contact: andy.mckean charles.schneider Representatives @legis.iowa.gov @legis.iowa.gov Rep. Rep. Sen. District 47 – Boone District 41 – Des Moines District 16 – Des Moines Republican Democrat Democrat Contact: Contact: Contact: chip.baltimore jo.oldson nate.boulton @legis.iowa.gov @legis.iowa.gov @legis.iowa.gov

Rep. District 09 – Fort Dodge Democrat Contact: helen.miller @legis.iowa.gov

Rep. Jon Jacobsen District 22 – Council Bluffs Republican Contact: jon.jacobsen @legis.iowa.gov

Rep. District 02 – Spencer Republican Contact: megan.jones @legis.iowa.gov

Rep. District 25 – Cumming Republican Contact: stan.gustafson @legis.iowa.gov

Rep. District 52 – Charles City Democrat Contact: todd.prichard @legis.iowa.gov

THE IOWA LAWYER 13 FEBRUARY 2018 The AVOIDABLE

ETHICS By Tara van Brederode Administrator, Attorney Complaint Disciplinary Board

ail is delivered twice daily to complaint was filed is not notified, but overwhelming majority were avoidable. the judicial branch building, many of these “potential complainants” Most arose out of a mismatch between an M and with it come the will complain again. attorney’s work and a client’s expectations. complaints. Folded like origami or If a complaint prompts an investigation “Persons appear to us according to extravagantly tabbed and appended, – and just under half of incoming the light we throw upon them from our handwritten or word-processed, succinct or complaints do – the respondent attorney own minds.” –Laura Ingalls Wilder verbose, they arrive at the average rate of will receive notice via certified mail and These unmet expectations complaints 14 each week. By court rule, each must provide a written response. An include the following: complaint crosses my desk. Under Court investigation will take place, and the • I expected more communication. Rule 35.4(1), the Attorney Disciplinary 12-member Attorney Disciplinary Board • I expected to win. Board’s administrator is authorized to will reach a disposition. In nearly • I expected to get to talk with a judge. decline to open complaints that “if true, three-quarters of these formally- • I expected to get the outcome my would not constitute misconduct or … investigated cases, the board recommends friend/neighbor/acquaintance got. [are] facially frivolous, stale, lacking in dismissal or a private admonition. In the • I expected not to go to prison. adequate factual detail, duplicative … remaining cases, the board seeks a public • I expected another chance. outside the disciplinary board’s jurisdiction sanction (which must be formally imposed • I expected to fight to the bitter end. … or [do] not otherwise reasonably by the supreme court): a public reprimand, • I expected to go to trial. warrant investigation.” Each of those a suspension, or a license revocation. • I expected it to be like television. potential complainants will receive a letter Having reviewed nearly 1,500 complaints • I expected not to look bad to others. explaining why an investigation was not and potential/unopened complaints in the Unfortunately, some of our colleagues’ initiated. The attorney about whom the past two years, I have concluded that the own actions contribute to this problem. Attorneys, as a rule, want to help. We want to reassure our clients that we have matters under control. We are overly HANSEN, MCCLINTOCK& RILEY optimistic about the time a case might take LAW Y ERS or the outcome that we might help the All Types Civil Litigation client achieve. We promise to visit or write Mediation& Arbitration Services, including or call within a particular time frame, and commercial and employment disputes then get “too busy” with other pressing matters. We believe our clients’ recitations Chester C. “Trip” Woodburn, III of facts, and we sometimes place too much Fifth floor, U.S. Bank Building weight on a client’s “good facts” while 520 Walnut Street discounting the “bad facts” that might Des Moines, Iowa 50309 send the case in a negative direction. 515-244-2141 A common thread through these 515-244-2931 (Fax) hmrlawfirm.com

THE IOWA LAWYER 14 FEBRUARY 2018 Features Tara van Brederode

complaints is that we, as attorneys, must their discussions with patients, eliciting of your boundaries and limits. If, for traffic in bad news. However, our clients the patient’s understanding of the situation example, you do not accept collect phone often do not expect to receive bad news before sharing a professional assessment. calls or walk-in visits, explore these policies from us. They came to us to have their Imagine the legal equivalent of this with your client at an initial meeting (and problems solved, not to hear us tell them question: “Can you explain to me what you as needed thereafter). Give every client a that things will go (or have gone) badly for understand of your recent diagnosis?” Only notebook in which she may write down them. This translates into allegations that after allowing the patient to share this questions for future meetings. When the an attorney is “in cahoots” with the other (and without directly confronting any client calls unexpectedly and you are side, or is incompetent, or is neglecting the denials the patient expresses) does the unprepared to talk, remind her that she case, or is not following the client’s doctor move on to ask, “Would you like me should write her questions down in the directives. Were the attorney practicing to explain exactly what I believe your notebook – and then set an appointment for “ethically,” the complaint alleges, the bad diagnosis means?” This allows the a future call or visit at which you can give news – the bad outcome – would not professional to share the pertinent facts her your undivided attention. happen. This pattern is particularly and assessment once the patient is ready to In every case, ask your client what her apparent in family law and criminal cases, hear it. The wise doctor then asks the goals are. Listen carefully, and which make up the bulk of the attorney patient to share her feelings, invites demonstrate understanding by reflecting complaints received by the board. questions, and discusses a goal and them back to the client. Explain to the “He was swimming in a sea of other treatment plan. Adopting an approach like client that those goals are valid and people’s expectations. Men had the various medical BBN models would important. If they are not, in your drowned in seas like that.” –Robert reassure our clients that we are on their professional assessment, attainable, break Jordan, New Spring side and would like to “win,” but we will not that news gently (remember the principles We would be wise to learn from our be untruthful with them. of BBN) and help your client to reframe colleagues in the practice of medicine. Managing client expectations should them. Once you have jointly established Medical literature is filled with frameworks always include a discussion of reasonable these goals, remind your client of them for breaking bad news (which writers in expectations for communication: how (and every time you talk or meet. Write your that profession abbreviate “BBN”). how often) should the client expect to hear client a letter in which you summarize Doctors are advised to carefully set up from you? This should also include a review them. Periodically, ask the client whether

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THE IOWA LAWYER 15 FEBRUARY 2018 “IN SHORT, CORRECTLY MANAGING CLIENT EXPECTATIONS BOILS DOWN TO ONE RECOMMENDATION: MEET THEM. considered professional opinion, their INVEST THE TIME AND ATTENTION TO desired goals can be achieved. We attorneys are a self-governing FIGURE OUT YOUR CLIENTS’ GOALS AND profession. Our Supreme Court has SHAPE THEIR EXPECTATIONS.” established a framework through which Tara van Brederode on client advice each of us shall be regulated. Every complaint received by the Attorney Disciplinary Board reflects a complainant’s belief that an attorney has committed her goals have changed, and note goals possible “exit points” at which important ethical misconduct. They highlight that have been achieved. Reinforce for decisions about settlement or trial need to dissatisfaction on the part of our clients your client that you are on her side and be made). that was significant enough to prompt want to work with her toward her goals, but In short, correctly managing client them to put pen to paper. They also you will never be dishonest with her about expectations boils down to one require thousands of attorney hours the likelihood of success. recommendation: MEET THEM. Invest the devoted to responses to complaints, and At every opportunity, talk with your time and attention to figure out your prompt countless hours of worry and client about three key issues: her prospects clients’ goals and shape their expectations. anxiety on the part of practitioners. Our for success (keeping in mind the goals Give your clients what they expect, but obligations to our profession and to the previously established), the anticipated constantly help your clients to expect what public demand that we embrace strategies costs (with frank discussions about what you know will happen. Provide frank and and practices aimed at prevention of as might cause costs to rise), and the timeline candid advice about the legal realities of many ethics complaints as possible. for the case (noting milestones and their situations and whether or not, in your

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THE IOWA LAWYER 16 FEBRUARY 2018

Transitions Katherine Beenken, Cynthia Boyle Lande, Tracy A. Eaton has joined Nicholas Pellegrin and Ann Allison M. Lindner and Ben- Ellis Law Offices P.C. as an Smisek were recently elected jamin R. Merrill have become associate. She received her shareholders at Ahlers & members of the BrownWinick J.D. from the University of Cooney, P.C. in Des Moines. law firm in Des Moines. Memphis. She will maintain a Beenken works in the Lande joined BrownWinick general practice with the firm firm’s Government Law and as an associate in 2012 and that focuses on family law. Eaton Education Law practice areas practices primarily in the and provides representation areas of taxation, employee Jessica A. Eglseder has and counsel to public school benefits and general business joined Masterson & Bottenberg, districts, cities and counties. transactions. Cindy earned her LLP, in Waukee. She graduated She assists clients in a variety B.S. from Iowa State University from Drake University Law Beenken of capacities, including coun- Lande in 2007 and her J.D. in 2010 School in 2017. Her practice seling on personnel issues, from the University of Iowa. will focus on business law, labor relations, employee Linder joined BrownWinick as estate planning, family law and Eglseder benefits, contract and policy an associate in 2014 and practices real estate law. review and representation in primarily in the areas of corporate/ special education matters. business transactions, banking Nick J. Gral joined Whitfield Pellegrin works primar- and securities compliance. Allison & Eddy PLC in Des Moines ily with the firm’s Workers’ earned her B.S. from Iowa State as an associate in the firm’s Compensation Practice University in 2007 and her J.D. in litigation practice group. He Group, but also practices in Linder 2010 from the University of Iowa. works with clients on various the broader employment and Merrill joined BrownWinick civil litigation disputes in areas litigation areas. As part of as an associate in 2015 and including, but not limited to, Gral the workers’ compensation practices primarily in the area transactional, construction Pellegrin group, he serves a broad base of litigation. Ben earned his and transportation. of clients, providing counsel B.A. from St. John’s University, with pre-litigated preventative Collegeville, Minnesota, in Logan S. Kraus has joined matters, non-litigated matters 2005 and his J.D. in 2008 from Heidman Law Firm in Sioux City Merrill and contested case proceed- Drake University. as an associate. He received his ings before the Iowa Workers’ J.D. from the University of Iowa Compensation Commission. Tyler L. Coe joined Whitfield College of Law. His general Smisek works in the firm’s & Eddy PLC in Des Moines as practice includes, but is not Government Law and Educa- an associate in the firm’s family limited to, business law, real Kraus tion Law practice areas. She law practice group. He began estate law, wills, trusts, estate counsels clients on various his family law practice in the planning and probate law. personnel matters regard- Des Moines area in 2015 repre- ing hiring, disciplining and senting clients in dissolutions, Coe terminating employees, as well modifications, and court. Smisek as how to conduct workplace investigations. She advises on compliance with applicable state and federal regulations.

Michael Boal has joined the Parrish Kruidenier Law Firm in Des Moines. He received his J.D. from the University of Nebraska College of Law. Following law school, he served as a judicial law Boal clerk for one year in the Fifth Judicial District of Iowa and one year for Justice Edward Mansfield of the Iowa Supreme Court. He maintains a varied practice including civil, crimi- nal, and appellate law.

THE IOWA LAWYER 18 FEBRUARY 2018 Columns Transitions/ Memoriam

Alecia A. Meuleners joined al Finalist in the AAJ Mock Trial Ryan M. Denman has been Whitfield & Eddy PLC in Des and awarded the Order of named a partner at Duffy Law Moines as an associate in the Barristers. Office, PLLC in Davenport. He the firm’s real estate practice received his J.D. from the Uni- group. She works with clients Alison Stewart has joined versity of Iowa College of Law. on various commercial and res- the Peddicord Wharton law His practice includes estate idential real estate transactions. firm in West Des Moines as an planning, trust administration Meuleners Denman Additionally, she is active in associate. She will be working and probate. agriculture, banking, business, in workers’ compensation, estates, and wills and trusts personal injury defense and matters with firm clients. family law. Prior to joining Stewart the Peddicord firm, Stewart Robert L. Myott has joined worked in the trial division of the firm of Arends, Lee, Emick a large insurance company, as & Legvold, in Humboldt. He well as several years in In Memoriam graduated from Drake Univer- private practice. sity Law School in 2015. Prior Richard C. Bauerle, 86, to joining the firm, he practiced Brent W. Warren has joined of Ottumwa died Nov. 18. Bauerle was born in 1931 in Carroll. He in Des Moines. He plans to the Goosmann Law Firm in Myott received his J.D. from the University of Iowa engage in general transactional Sioux City. He received his College of Law in 1956. In 1958, he began practice with emphasis on J.D. from Creighton University a 55-year career as an attorney in Ottum- estate planning, probate, real School of Law. Warren focuses wa. He was a member of the American Bar estate and taxation. his practice on business law, Association, The Iowa State Bar Associa- tion, the Wapello County Bar Association, commercial law, contracts, Warren and served on the Board of Directors of Melissa A. Norman has corporate law, mergers and Answer Iowa, Inc., the Wapello County joined the Paul McAndrew Law acquisitions, and Foundation and the Ottumwa YMCA. Firm, PLLC, in Coralville, as an transactional law. associate attorney. Norman is a Brian Joseph Daiker, 44, of Ashton died Dec. 5. 2015 graduate of the University Breanna Young recently Daiker was born in 1973 in Lake City. He of Missouri School of Law. She joined the Davis Brown Law received his J.D. from Creighton University is licensed to practice in both Firm in Des Moines as a special School of Law in 2001. After graduation he Norman Iowa and Missouri, and has two counsel attorney in the Estate began his career as a lawyer for Cambridge years’ law-practice experience. Planning department. Breanna Law Firm in Atlantic. He became the city attorney for both Atlantic and Griswold and has over 10 years of experience was on the Nishna Valley YMCA Board of Shannon M. Powers has assisting farmers, individuals, Young Directors. joined Lederer Weston Craig families, and in small business PLC in Cedar Rapids as an planning. Prior to joining Davis Joseph F. McGinn, 87, of Council associate. Shannon received Brown, Breanna was a partner Bluffs died Dec. 13. McGinn was drafted to serve in the her Juris Doctor in 2016 from at Nelson, Young, and Braland Korean War in 1952. He then received his Drake University Law School, in Earlham. J.D. from Creighton University School of where she was Junior Staff on Law in 1957. Upon graduation, he joined Powers the Drake Law Review, Region- McGinn & McGinn, the law firm his parents founded. He and his brother, Ed, carried on their parents’ legacy to grow the firm into a successful practice that is still thriving today as The McGinn Law Firm.

Ernest W. Wilcke, 92, of Spirit Lake died Dec. 21. Wilcke was born in 1925 near Preston. In 1942, he joined the U.S. Marines and served in World War II. He then received his J.D. from Drake University Law School in 1953. Wilcke first started working as a Claims Adjuster for the Iowa Farm Bureau. In 1956, he became the Claims Manager for the Farmers Mutual Reinsurance of Grinnell, IA. In 1960, he entered law practice with K.B. Welty. In 1980, he opened his own law practice which he maintained until his death.

THE IOWA LAWYER 19 FEBRUARY 2018 Iowa State Bar Foundation CAPITAL CAMPAIGN Goal is to grow principal so income fully supports Know Your Constitution, Mock Trial programs along with incubator projects By Steve Boeckman Communications Director Emeritus

ast year alone, approximately to raise more than $1 million that will interest earned. This ensures that 3,500 students and at least that increase the organization’s endowment contributions made by members continue L many parents, along with to more than $3 million. to provide value to the Iowa legal numerous teachers, gained a much better The plan is to raise the more than $1 profession in perpetuity. understanding of the U.S. Constitution and million by Dec. 31 of this year. That will be The policy is a way of creating a the legal profession. That understanding a fitting kickoff to the Foundation’s 75th consistent level of spending, Reynoldson was made possible by the ISBA’s public Anniversary, which it celebrates in 2019, says. “It’s a way of evening out the outreach educational programs, such as says Elisabeth Reynoldson, board income stream.” Know Your Constitution and Mock Trial. president. The For the People campaign is the first Those two programs alone have A principal of $3 million will provide major fundraiser the foundation has impacted nearly 50,000 students in the last enough income each year—based on conducted in decades. Contributions from 10 years, estimates John Wheeler, director current and anticipated returns on members on their annual dues statements, of the ISBA’s Center for Law and Civic investment—to fund current ISBA memorial gifts and contributions from the Education that administers the programs. educational programs such as Mock Trial Foundation Fellows, have been the major Including the teachers and parents who and Know Your Constitution, as well as factors in building the principal to its have been exposed to the legal concepts providing seed money for other innovative current level. A conservative investment their students and children study increases law-related projects. strategy has maintained that principal and that number significantly. The Foundation Board follows a policy allowed it to grow. The Iowa State Bar Foundation wants to of spending only the interest on its In addition to supporting the ISBA make sure that exposure continues and investments – not the principal. educational programs, a principal of $3 even grows. That’s why it has launched its The current spending level is four million should permit the board to serve its “For the People” comprehensive campaign percent ofa rolling five-year average of historical role of funding “incubator”

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THE IOWA LAWYER 20 FEBRUARY 2018

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projects that show potential for furthering increase, so that we can fulfill both Donors may contribute stocks, bonds the foundation’s mission of advancing purposes once again.” and other hard assets designated for the jurisprudence and the administration of ISBA members are asked to contribute For the People campaign. Donors are also justice through education and research. at the “Leadership Level” – $10,000 asked to tap into an employer or The foundation has always been seen as a payable over 10 years or as a lump sum – if community foundation match if one exists. supporter of incubator projects, says at all possible. Foundation directors That could double their contributions in Reynoldson. “Over the years, many recognize, however, that a gift at that level some cases. organizations have come to us for help may be too much for some members, and Contributors of $1,000 or more will have launching programs. I would hate to see simply ask that they contribute whatever their names added to a permanent display that role change. amount they feel is appropriate. Gifts outside of the CLE Center in the ISBA “Right now, given the level of income under $10,000 but over $1,000 qualify at headquarters building. In addition, they and the commitment to the ISBA’s Law the “Supporter Level.” They, too, can be will be recognized on the foundation’s and Civic Education Center programs, paid over 10 years or as a lump sum. website. For more information, or to fill we’re not in a position to do much funding Directors ask that gifts under $1,000 be out a pledge form, please go iowabar.org/ of incubator projects,” she says. “That is paid by May 2019. ISBAFoundation. one of the reasons for the endowment

Bar Foundation’s current and future support crucial for educating Iowans about judicial system, legal profession The Iowa State Bar Foundation’s goal of high school students have participated in the Know growing its principal to the point where the interest Your Constitution program sponsored by the ISBA’s Mediations and Arbitrations on that principal covers the costs of The Iowa State Young Lawyers Division through the Center for Bar Association’s educational outreach to Iowa Law and Civic Education. That program involves Jeffrey A. Boehlert citizens ensures that existing programs continue a multiple choice quiz and short essay on the U.S. and expand, and new programs are developed. Constitution for students in grades 9-12. Personal injury, employment claims, business and commercial disputes Although no one has a crystal ball clear enough Winning entries are selected from each of to forecast what educational activities will be Iowa’s 100 legislative districts. The selected Member, American Academy of ADR Attorneys, AV Rated, over 35 years of litigation experience needed or wanted by the public 20 years – or students and their teachers are honored at a even 10 years – from now, two successful special luncheon in January where five students [email protected] programs that have been in place for years and their teachers are selected at random through are the Iowa Mock Trial and the Know Your a drawing to attend a week-long program in Patrick V. Waldron Constitution programs. Washington, D.C. through the Close Up Foundation. Specializing in workers’ compensation Since 1983, the Iowa Mock Trial Program has The student involvement in both programs and civil litigation given thousands of students the opportunity to get exposes teachers and nearly double the number Member of American Academy of ADR Attorneys, a close-up look at the judicial process. Participants of parents to the constitution, the rule of law, the AV Rated, over 20 years of civil litigation and workers’ compensation experience get a hands-on opportunity to examine legal judicial system and how trials are conducted. This processes and current legal issues, as well as provides a valuable education to the students [email protected] developing important critical-thinking skills that who will grow up to be voters. More immediately, aid in the development of fundamental research, it educates the adults and makes them more Gregory A. Witke preparation and presentation skills. knowledgeable, discerning voters who impact All types of civil litigation The Iowa program remains among the largest the direction of the country through their elected Member of International Academy of in the nation, and one of very few to offer the mock officials, says John Wheeler, director of the center. Dispute Resolution, AV rated with 30 years trial experience to middle school. In the last 10 The current programs’ successes over the of litigation experience years, slightly more than 18,500 middle school years may not be flashy, but their down-in-the- [email protected] students in grades 6-8 and slightly more than trenches approach works towards the goal of 12,700 high school students have participated in educating the public about the legal profession mock trial, according to statistics compiled by the and the U.S. system of government, Wheeler says. 515-283-2147 ISBA’s Center for Law and Civic Education. Many As such, they dovetail nicely with the mission of 505 Fifth Avenue, Suite 729 Des Moines, IA 50309 hundreds more benefited from mock trials as an the foundation to advance jurisprudence and the in-class activity. administration of justice through education www.pattersonfirm.com During that same 10 years, more than 13,700 and research.

THE IOWA LAWYER 21 FEBRUARY 2018 Board of Governors cases on the proposed changes that would prohibit waiver of the annual report to the Iowa Supreme Court. WINTER • Authorized the ISBA Legislative Counsel to discuss inheritance tax withholding related to the use of QUARTERLY Transfer on Death and Payable on Death accounts with the Iowa House Meeting and Senate Ways and Means uring the winter ISBA Board of declarant to make enforceable Committee chairs to Governors quarterly meeting in statements of desire or intent explore solutions. D Des Moines, the BOG acted on regarding cremation. HF530 Seatbelt Damages – 2017 Carryover numerous section recommendations for the • Section 633.425(3) to define • Authorized the ISBA to remain 2018 ISBA Affirmative Legislative Program “reasonable funeral and registered as undecided as to the and heard reports on key issues impacting burial expenses.” percentage cap on the reduction of Iowa attorneys during the next year. • Section 450.48 to allow alternatives damages that may be included as a to posting bond as security for part of HF530 Seatbelt Damages but if Actions deferred tax payment. the bill were to pass that it only apply 2018 ISBA Affirmative Legislative • Chapter 450 to add section 450.86 to causes of action that accrue after Program Items which will require holders of certain July 2018. Actions taken by the Board of Governors assets to withhold them unless the Real Estate and Title Law Section included, by section: Iowa Inheritance Tax is paid or • Approved legislative proposal that Probate, trust & estate planning evidence is provided that no adds new in-kind partition Approved affirmative support for tax is due. procedures via Iowa Code legislation that amends Iowa code: • Section 633.356 to address the chapter 651. • Chapter 635, Small Estates, to distribution of property by affidavit Additional actions taken by the Board of increase the jurisdictional amount of for very small estates. Governors included: Small Estates to $200,000 to preserve Additional actions taken included: • Approval of the Iowa Jury judicial resources, reduce lawyer time • Authorized the section council to Instructions Committee’s and raise levels to compare with submit a report reflective of the recommended changes to Civil surrounding states. section survey results regarding the Instructions 1600.22, and 1600.23; • Section 144C.2(8) and 144C.3(2) to proposed change to the Iowa Rules of approval of recommended changes to allow declarant to make statements of Probate Procedure that would Criminal Instructions desire or intent; and 144C.3(2), prohibit waiver of the annual report in 2610.1 - 2601.4, 2610.6, 2610.7, 144C.6(1) and 144C.10(1) to allow a all guardianship and conservatorship and 900.3.3. • Approved a Resolution Honoring FARMERS NATIONAL COMPANY Deceased Members. Serving America’s Landowners for Nearly 90 Years • Approved an increase in the Iowa FNC can provide property appraisals on FNC provides professional real estate Lawyers Assistance Program’s your agricultural, rural, and commerical services for expanding your farmland or two-year budget to cover auto travel properties. adding to your investment portfolio. across the state to help lawyers Appraisals are essential for: We can assist you with: access the program. Authorized the Financing • Estate Planning Land Auctions • Buying and Selling ISBA to serve as a “qualified Estate Settlement • Property Division Agricultural Land • Recreational Land attorney-servicing association,” for attorneys in private practice for the purposes of meeting the Iowa Court Rule 39.18 designation requirement.

Reports For all your real estate and appraisal needs, please contact: President’s Report Sam Kain, ALC, GRI, ABRM – President Steve Eckley Assistant Vice President - Real Estate | National Sales Manager ISBA President Eckley updated 4949 Pleasant Street, Suite 203 • West Des Moines, Iowa governors on his activities since the fall 1-800-798-4509 • (515) 249-0181 • [email protected] quarterly meeting. He wants to help increase awareness of the ISBA’s Support www.FarmersNational.com of Lawyers/Legal Personnel – All Concern Real Estate Sales • Auctions • Farm and Ranch Management • Appraisal Insurance • Consultation • Oil and Gas Management • Forest Resource Management Encouraged program (SOLACE). When an National Hunting Leases • Lake Management • FNC Ag Stock ISBA member is in critical need of

THE IOWA LAWYER 22 FEBRUARY 2018 Features Virginia Sipes assistance, an e-mail request for help and the bar association membership at the achievements, events, retirements, awards can be sent to the ISBA’s program March Board of Governors meeting. He of tenure and new faculty hires. Agrawal administrator. Members of the listserv, invited governors to contact him with stated that this will be her eighth and final or anyone in their network of family and questions or to express interest in serving year as dean and that she will semi-retire friends, can help the ISBA member on the task force. this summer and return to teach in the fall in need. LawPAC Update – Chair Tom Henderson of 2019. Over 250 calls were made to LawPAC Chair Tom Henderson provided identify strong dean candidates from Dialogue with Iowa Supreme Court an update on Iowa LawPAC and overview of across the country and interviews will – Chief Justice Mark Cady current fundraising efforts. begin in mid-January. Chief Justice Cady provided an overview ISBA Legislative Counsel Jim Carney Iowa State Bar Foundation Report of the Judicial Branch’s FY19 budget. He introduced the family of the late Edwin – Bill Scherle outlined concerns regarding judge and “Ed” Skinner. He practiced law in Altoona ISBF Past President Bill Scherle juvenile court officer vacancies as well as and was the city attorney for the cities of provided an update on the ISBF campaign additional concerns affecting the delivery Altoona and Pleasant Hill. Skinner served called “For the People.” The campaign of services to Iowans. Chief Justice Cady in the Iowa House of Representatives from celebrates the 75th anniversary of the reported that there are currently 12 vacant 1969 to 1973. Carney and Dinkla foundation with the goal of raising $1 court reporter positions that the judicial recognized the Skinner family including million to grow the foundation’s branch is unable to fill and that discussions Ed’s widow Lois and children Brad Skinner endowment over the next decade. are taking place with entities including the and , both ISBA members, for court reporters association to address this their generous and long-time support of essential need. Iowa LawPAC. ISBA Executive Director’s Report RR_2017.pdf Drake 1 1/6/17 Law School 7:26 PM – Dean Jerry Anderson – ISBA Executive Director Dwight Dinkla Drake Law School Dean Jerry Anderson and Assistant Executive Director provided the governors with input Harry Shipley regarding the need to be proactive about ISBA Executive Director Dinkla the disruption that is happening in the apprised governors of upcoming events legal market. In February, Drake Law related to the next meeting including School faculty will be focusing on updating the legislative breakfast. Executive the curriculum to respond to the changes Director Dinkla noted that through in the legal market. He also provided an membership renewal efforts, Iowa overview of the recent closures of five law judges who are former members of the schools. Anderson assured governors that ISBA renewed their membership. He Drake Law School is in good shape commended the YLD for their efforts to primarily because it downsized quickly in increase member renewals and noted that response to the changing market. Wally Horn personal contact with former members is Dean Anderson highlighted upcoming RETIRING AFTER key to securing renewal. spring events including the March 5 2018 SESSION ISBA Ways & Means Committee Chair gaming law symposium focused on sports • ISBA Legislative Counsel Jim Carney introduced Sen. Wally Horn from Iowa’s 17th District. Eric Turner provided governors with an betting, the Supreme Court Day celebration Horn currently serves on several Iowa Senate overview of ISBA Financial Statements on March 24, and the Constitutional Law committees including the Judiciary Committee. and the ISBA Annual Audit. Turner Symposium on April 14. Horn, having served 46 years in the Iowa legislature, announced that he will retire after the commended Assistant Executive Director University of Iowa Law School 2018 session. He was presented with an honorary Shipley and Executive Director Dinkla for – Dean Gail Agrawal lifetime ISBA membership during the Board of their efforts related to renewals and their University of Iowa College of Law Dean Governors Winter Quarterly Meeting. stewardship of ISBA resources overall. Gail Agrawal provided updates on the 2017 YLD President’s Report graduating class, student and faculty – YLD President Tom Hillers YLD President Tom Hillers reported that the YLD is creating a task force to examine issues that are impacting and may impact the profession of law in Iowa in the future including competition from internet competitors and low-cost, simulated legal advice providers. YLD President Hillers presented a written report to the governors and stated that task force members will meet through the winter with the goal of reporting back to the Board of Governors

THE IOWA LAWYER 23 FEBRUARY 2018

2017 R&R proof.indd 1 1/6/17 7:32 PM 2017 CLE Information (W) Webinar The CLE credit information contained in the following charts are for the 2017 year. This information should be used to calculate CLE hours for 2017 when filing your CLE report with the Commission on Continuing Legal Education. Date Event Title State Federal Ethics Juvenile Activity ID Jan. 13 How To Do Unemployment Insurance Appeals (W) 1 0 0 0 251691 Jan. 18 Some of the Lesser Know Secrets to Litigating Before the USPTO (W) 1 1 0 0 251808 Feb. 17 Environmental Law Seminar (W) 6.75 4.75 1 0 251910 Feb. 17 Environmental Law Seminar 6.75 4.75 1 0 251911 Insider’s Overview of 337 Investigations at the U.S. International Trade Feb. 22 1 1 0 0 251897 Commission (W) Feb. 27 Update on Immigration for Corporate Counsel (W) 1 1 0 0 254266 Feb. 28 Technological Competence - Rule 32 (W) 1 1 1 0 251909 March 15 Copyright Trolling (W) 1 1 0 0 251898 What to Expect When Representing Clients Before the Iowa Civil Rights March 27 1 0 0 0 255708 Commission (W) Apr. 7 2017 Construction Law Seminar (W) 2.75 0 0 0 255705 Apr. 7 2017 Construction Law Seminar 2.75 0 0 0 255704 Apr. 10 Lawyer Death and Disability 2 0 2 0 256809 Apr. 10 Lawyer Death and Disability (W) 2 0 2 0 256810 Apr. 12 Addressing Cybersecurity Threats to IP Firms (W) 1 1 1 0 251899 Apr. 19 Juvenile Law Seminar (W) 6.75 2 1 6 255715 Apr. 19 Juvenile Law Seminar 6.75 2 1 6 255714 Apr. 20 Criminal Law Seminar (W) 6 2 0 0 255716 Apr. 20 Criminal Law Seminar 6 2 0 0 255717 Gender Matters: Confronting Bias and Unprofessional Apr. 21 3 2.5 3 0 256816 Conduct with Attorneys (Cedar Rapids) Gender Matters: Confronting Bias and Unprofessional Apr. 21 3 2.5 3 0 256815 Conduct with Attorneys (Sioux City) Gender Matters: Confronting Bias and Unprofessional Apr. 21 3 2.5 3 0 256814 Conduct with Attorneys (Davenport) Gender Matters: Confronting Bias and Unprofessional Apr. 21 Conduct with Attorneys 3 2.5 3 0 256813 (Des Moines) Gender Matters: Confronting Bias and Unprofessional Apr. 21 3 2.5 3 0 256812 Conduct with Attorneys (Council Bluffs) Apr. 25 Economic Development and Revitalization of Cities (W) 1 0 0 0 255706 Apr. 27 Negotiations: Working Through the Stickier Provisions of Vendor Contracts (W) 1 0 0 0 255708 Apr. 28 Spring Tax Institute 6.5 0 .5 0 259030 May 5 Rebroadcast of Lawyer Death and Disability Planning (Clear Lake) 2 0 2 0 256811 May 8 The Intersection of Workers Compensation and Unemployment Benefits (W) 1 0 0 0 255729 May 12 Commercial and Bankruptcy Law Seminar (W) 6.75 6.75 1 0 256830 May 12 Commercial and Bankruptcy Law Seminar 6.75 6.75 1 0 256829 May 16 Rebroadcast of Lawyer Death and Disability Planning (Waterloo) 2 0 2 0 260201 May 17 Copyright/Entertainment (W) 1 1 0 0 251900 May 18 Rebroadcast of Lawyer Death and Disability Planning (Davenport) 2 0 2 0 260200 May 19 Government Practice Seminar (W) 6.25 3 2 0 255719 May 19 Government Practice Seminar 6.25 3 2 0 255720 May 23 Rebroadcast of Lawyer Death and Disability Planning (South Sioux City) 2 0 2 0 256961 May 24 Rebroadcast of Lawyer Death and Disability Planning (Council Bluffs) 2 0 2 0 257142 June 19-21 Annual Meeting (entire seminar) 17.5 12.75 4.75 3.5 260204 June 19-21 Annual Meeting - Judges Tracks (entire seminar) 17.5 12.75 4.75 3.5 262275 July 12 Legal Issues Surrounding Website Domain Names (W) 1 1 0 0 255730 continued on the following page 2017 CLE Information (W) Webinar 2017 CLE Information (W) Webinar Date Event Title State Federal Ethics Juvenile Activity ID Date Event Title State Federal Ethics Activity ID July 17 Insurance Law for Young Attorneys (W) 1 0 0 0 266249 Dec. 19 Guardianship and Conservatorship Law and Practice (W) 1 0 0 273260 Business Development: Creating, Cultivating and Dec. 20 Learning From Other’s Mistakes: Avoiding Ethical Issues in the Practice of Law (W) 1 1 1 282272 Aug. 15 1 0 0 0 255721 Maintaining Client Relationships (W) Dec. 21 Working with Clients With Diminished Capacity (W) 1 1 1 279097 Aug. 31 A Primer on Creditor Collection Rights in Bankruptcy (W) 1 1 0 0 256833 Dec. 22 Ethical Issues for Tax Return Preparers (W) 2 2 2 269879 Sept. 1 Joint Revocable Trust 1 1 0 0 267972 Dec. 27 Diversity and Inclusion: Every Lawyer’s Professional Responsibility 3 3 3 279074 Sept. 1 Joint Revocable Trust (W) 1 1 0 0 267973 Dec. 27 Diversity and Inclusion: Every Lawyer’s Professional Responsibility (W) 3 3 3 279073 Sept. 14-15 Bridge the Gap Seminar 15 7.5 3 1 266250 Dec. 28 Ethics for Corporate Counsel (W) 1 1 1 282274 Sept. 21 Ag Law Seminar 7.25 0 1 0 267031 Dec. 29 Identifying and Avoiding Conflicts of Interest 1 1 1 282290 Sept. 21 Ag Law Seminar (W) 7.25 0 1 0 267030 Dec. 29 Identifying and Avoiding Conflicts of Interest (W) 1 1 1 282290 Sept. 21 Decoding Software License Agreements (W) 1 1 0 0 267438 Sept. 22 Corporate Counsel and Trade Regulation Seminar 6.5 4 1 0 267553 Sept. 22 Corporate Counsel and Trade Regulation Seminar (W) 6.5 4 1 0 267440 Sept. 25 Boilerplate Provisions (W) 1 0 0 0 256817 2017 Fastcase Information Sept. 26 Current Issues in Immigration (W) 1 1 0 0 267991 Date Event Title State Federal Ethics Activity ID Oct. 3 Medicaid Eligibility for Nursing Home and In-Home Services (W) 1 1 0 0 267992 Jan. 5 Introduction to Legal Research 1 0 0 252582 Oct. 5 Globalism and Managing Risk 2 0 0 0 271729 Jan. 12 Advanced Tips for Enhanced Legal Research 1 0 0 252757 Oct. 5 Globalism and Managing Risk (W) 2 0 0 0 271730 Jan. 19 Introduction to Boolean (Keyword) Search 1 0 0 252641 Oct. 9 Probate Meets the Farm (W) 1 0 0 0 271376 Feb. 2 Introduction to Legal Research 1 0 0 252579 Oct. 10 The Top 5 Mistakes You are Making with Your Trust Accounts Right Now (W) 1 0 1 0 271711 Feb. 9 Advanced Tips for Enhanced Legal Research 1 0 0 252763 Oct. 12 Ins and Outs of International Law (W) 1 0 0 0 271712 Feb. 16 Introduction to Boolean (Keyword) Search 1 0 0 252644 Oct. 12 Iowa Farm Leases: Legal and Tax Considerations (W) 2 0 0 0 271377 March 2 Introduction to Legal Research 1 0 0 252581 Oct. 13 Iowa Rural Property: Legal Conflicts on the Plains (W) 2 0 0 0 271379 March 9 Advanced Tips for Enhanced Legal Research 1 0 0 252754 Oct. 16 Depressional and the Impact on the Person and Profession (W) 1 1 1 0 267441 March 16 Introduction to Boolean (Keyword) Search 1 0 0 252636 Oct. 20 Labor and Employment Seminar 6.25 5.25 1 0 273257 Apr. 6 Introduction to Legal Research 1 0 0 252583 Oct. 26 Arbitration by Choice (W) 1 1 0 0 267470 Apr. 13 Advanced Tips for Enhanced Legal Research 1 0 0 252758 Oct. 26-27 Family Law Seminar 15.5 4.25 3.25 4 267550 Apr. 20 Introduction to Boolean (Keyword) Search 1 0 0 252637 Oct. 30 Attorney-Client and Work Product Privilege (W) 1 0 1 0 273277 May 4 Introduction to Legal Research 1 0 0 252586 Nov. 6 Opioid Problems in Iowa (W) 1 1 0 0 276772 May 11 Advanced Tips for Enhanced Legal Research 1 0 0 252759 Nov. 8 Representing Victims of Elder Abuse in Iowa (W) 1 0 0 0 267994 May 18 Introduction to Boolean (Keyword) Search 1 0 0 252643 Nov. 9 Risk Management for Lawyers (W) 2 2 2 0 272032 June 1 Introduction to Legal Research 1 0 0 252588 Nov. 10 Corporate Counsel Institute 5 5 1 0 276775 June 8 Advanced Tips for Enhanced Legal Research 1 0 0 252756 Nov. 10 Corporate Counsel Institute (W) 5 5 1 0 276776 June 15 Introduction to Boolean (Keyword) Search 1 0 0 252639 Nov. 13 Human Trafficking in Iowa (W) 1 1 0 0 271731 July 6 Introduction to Legal Research 1 0 0 252584 Section 101 Update: What Can We Learn from the July 13 Advanced Tips for Enhanced Legal Research 1 0 0 252753 Nov. 14 1 1 0 0 267472 Recent Patent Eligibility Cases and Guidelines (W) July 20 Introduction to Boolean (Keyword) Search 1 0 0 252640 Nov. 17 Restrictive Covenants in Iowa 101 (W) 1 0 0 0 271713 Aug. 3 Introduction to Legal Research 1 0 0 252585 Nov. 21 EPA Regulatory Update 1 1 0 0 276782 Aug. 10 Advanced Tips for Enhanced Legal Research 1 0 0 252762 Nov. 21 EPA Regulatory Update (W) 1 1 0 0 276783 Aug. 17 Introduction to Boolean (Keyword) Search 1 0 0 252645 Nov. 27 Non-profit Basics (W) 1 0 0 0 276793 Sept. 7 Introduction to Legal Research 1 0 0 252580 Nov. 28 The Judicial Application Process 1 0 0 0 273258 Sept. 14 Advanced Tips for Enhanced Legal Research 1 0 0 252760 Nov. 28 The Judicial Application Process (W) 1 0 0 0 273259 Sept. 21 Introduction to Boolean (Keyword) Search 1 0 0 252642 Dec. 1 eCommerce and Intellectual Property Section Seminar 6.25 6.25 2 0 278150 Oct. 5 Introduction to Legal Research 1 0 0 252587 Dec. 1 eCommerce and Intellectual Property Section Seminar (W) 6.25 6.25 2 0 278149 Oct. 12 Advanced Tips for Enhanced Legal Research 1 0 0 252761 Dec. 4 Ethics and Effective Appellate Advocacy (W) 1 1 1 0 273279 Oct. 19 Introduction to Boolean (Keyword) Search 1 0 0 252635 Dec. 6-8 Bloethe Tax School 15 13.5 1 0 278084 Nov. 2 Introduction to Legal Research 1 0 0 252578 Dec. 13 Juvenile Law Video Replay 3 0 0 3 279075 Nov. 9 Advanced Tips for Enhanced Legal Research 1 0 0 252755 Dec. 14 Legal Ethics: Ten Tips to Avoid Trouble (W) 1 1 1 0 267974 Nov. 16 Introduction to Boolean (Keyword) Search 1 0 0 252638 Dec. 15 Federal Practice Seminar 6.25 6.25 2 0 278085 continued on the following page 2017 CLE Information (W) Webinar 2017 CLE Information (W) Webinar Date Event Title State Federal Ethics Juvenile Activity ID Date Event Title State Federal Ethics Activity ID July 17 Insurance Law for Young Attorneys (W) 1 0 0 0 266249 Dec. 19 Guardianship and Conservatorship Law and Practice (W) 1 0 0 273260 Business Development: Creating, Cultivating and Dec. 20 Learning From Other’s Mistakes: Avoiding Ethical Issues in the Practice of Law (W) 1 1 1 282272 Aug. 15 1 0 0 0 255721 Maintaining Client Relationships (W) Dec. 21 Working with Clients With Diminished Capacity (W) 1 1 1 279097 Aug. 31 A Primer on Creditor Collection Rights in Bankruptcy (W) 1 1 0 0 256833 Dec. 22 Ethical Issues for Tax Return Preparers (W) 2 2 2 269879 Sept. 1 Joint Revocable Trust 1 1 0 0 267972 Dec. 27 Diversity and Inclusion: Every Lawyer’s Professional Responsibility 3 3 3 279074 Sept. 1 Joint Revocable Trust (W) 1 1 0 0 267973 Dec. 27 Diversity and Inclusion: Every Lawyer’s Professional Responsibility (W) 3 3 3 279073 Sept. 14-15 Bridge the Gap Seminar 15 7.5 3 1 266250 Dec. 28 Ethics for Corporate Counsel (W) 1 1 1 282274 Sept. 21 Ag Law Seminar 7.25 0 1 0 267031 Dec. 29 Identifying and Avoiding Conflicts of Interest 1 1 1 282290 Sept. 21 Ag Law Seminar (W) 7.25 0 1 0 267030 Dec. 29 Identifying and Avoiding Conflicts of Interest (W) 1 1 1 282290 Sept. 21 Decoding Software License Agreements (W) 1 1 0 0 267438 Sept. 22 Corporate Counsel and Trade Regulation Seminar 6.5 4 1 0 267553 Sept. 22 Corporate Counsel and Trade Regulation Seminar (W) 6.5 4 1 0 267440 Sept. 25 Boilerplate Provisions (W) 1 0 0 0 256817 2017 Fastcase Information Sept. 26 Current Issues in Immigration (W) 1 1 0 0 267991 Date Event Title State Federal Ethics Activity ID Oct. 3 Medicaid Eligibility for Nursing Home and In-Home Services (W) 1 1 0 0 267992 Jan. 5 Introduction to Legal Research 1 0 0 252582 Oct. 5 Globalism and Managing Risk 2 0 0 0 271729 Jan. 12 Advanced Tips for Enhanced Legal Research 1 0 0 252757 Oct. 5 Globalism and Managing Risk (W) 2 0 0 0 271730 Jan. 19 Introduction to Boolean (Keyword) Search 1 0 0 252641 Oct. 9 Probate Meets the Farm (W) 1 0 0 0 271376 Feb. 2 Introduction to Legal Research 1 0 0 252579 Oct. 10 The Top 5 Mistakes You are Making with Your Trust Accounts Right Now (W) 1 0 1 0 271711 Feb. 9 Advanced Tips for Enhanced Legal Research 1 0 0 252763 Oct. 12 Ins and Outs of International Law (W) 1 0 0 0 271712 Feb. 16 Introduction to Boolean (Keyword) Search 1 0 0 252644 Oct. 12 Iowa Farm Leases: Legal and Tax Considerations (W) 2 0 0 0 271377 March 2 Introduction to Legal Research 1 0 0 252581 Oct. 13 Iowa Rural Property: Legal Conflicts on the Plains (W) 2 0 0 0 271379 March 9 Advanced Tips for Enhanced Legal Research 1 0 0 252754 Oct. 16 Depressional and the Impact on the Person and Profession (W) 1 1 1 0 267441 March 16 Introduction to Boolean (Keyword) Search 1 0 0 252636 Oct. 20 Labor and Employment Seminar 6.25 5.25 1 0 273257 Apr. 6 Introduction to Legal Research 1 0 0 252583 Oct. 26 Arbitration by Choice (W) 1 1 0 0 267470 Apr. 13 Advanced Tips for Enhanced Legal Research 1 0 0 252758 Oct. 26-27 Family Law Seminar 15.5 4.25 3.25 4 267550 Apr. 20 Introduction to Boolean (Keyword) Search 1 0 0 252637 Oct. 30 Attorney-Client and Work Product Privilege (W) 1 0 1 0 273277 May 4 Introduction to Legal Research 1 0 0 252586 Nov. 6 Opioid Problems in Iowa (W) 1 1 0 0 276772 May 11 Advanced Tips for Enhanced Legal Research 1 0 0 252759 Nov. 8 Representing Victims of Elder Abuse in Iowa (W) 1 0 0 0 267994 May 18 Introduction to Boolean (Keyword) Search 1 0 0 252643 Nov. 9 Risk Management for Lawyers (W) 2 2 2 0 272032 June 1 Introduction to Legal Research 1 0 0 252588 Nov. 10 Corporate Counsel Institute 5 5 1 0 276775 June 8 Advanced Tips for Enhanced Legal Research 1 0 0 252756 Nov. 10 Corporate Counsel Institute (W) 5 5 1 0 276776 June 15 Introduction to Boolean (Keyword) Search 1 0 0 252639 Nov. 13 Human Trafficking in Iowa (W) 1 1 0 0 271731 July 6 Introduction to Legal Research 1 0 0 252584 Section 101 Update: What Can We Learn from the July 13 Advanced Tips for Enhanced Legal Research 1 0 0 252753 Nov. 14 1 1 0 0 267472 Recent Patent Eligibility Cases and Guidelines (W) July 20 Introduction to Boolean (Keyword) Search 1 0 0 252640 Nov. 17 Restrictive Covenants in Iowa 101 (W) 1 0 0 0 271713 Aug. 3 Introduction to Legal Research 1 0 0 252585 Nov. 21 EPA Regulatory Update 1 1 0 0 276782 Aug. 10 Advanced Tips for Enhanced Legal Research 1 0 0 252762 Nov. 21 EPA Regulatory Update (W) 1 1 0 0 276783 Aug. 17 Introduction to Boolean (Keyword) Search 1 0 0 252645 Nov. 27 Non-profit Basics (W) 1 0 0 0 276793 Sept. 7 Introduction to Legal Research 1 0 0 252580 Nov. 28 The Judicial Application Process 1 0 0 0 273258 Sept. 14 Advanced Tips for Enhanced Legal Research 1 0 0 252760 Nov. 28 The Judicial Application Process (W) 1 0 0 0 273259 Sept. 21 Introduction to Boolean (Keyword) Search 1 0 0 252642 Dec. 1 eCommerce and Intellectual Property Section Seminar 6.25 6.25 2 0 278150 Oct. 5 Introduction to Legal Research 1 0 0 252587 Dec. 1 eCommerce and Intellectual Property Section Seminar (W) 6.25 6.25 2 0 278149 Oct. 12 Advanced Tips for Enhanced Legal Research 1 0 0 252761 Dec. 4 Ethics and Effective Appellate Advocacy (W) 1 1 1 0 273279 Oct. 19 Introduction to Boolean (Keyword) Search 1 0 0 252635 Dec. 6-8 Bloethe Tax School 15 13.5 1 0 278084 Nov. 2 Introduction to Legal Research 1 0 0 252578 Dec. 13 Juvenile Law Video Replay 3 0 0 3 279075 Nov. 9 Advanced Tips for Enhanced Legal Research 1 0 0 252755 Dec. 14 Legal Ethics: Ten Tips to Avoid Trouble (W) 1 1 1 0 267974 Nov. 16 Introduction to Boolean (Keyword) Search 1 0 0 252638 Dec. 15 Federal Practice Seminar 6.25 6.25 2 0 278085 continued on the following page 2017 On-Demand CLE Information Start Date End Date Event Title State Federal Ethics Juvenile Activity ID Aug. 10, 2016 Apr. 28, 2017 Dealing with Bridge Orders .75 0 0 .75 239272 Aug. 10, 2016 June 15, 2017 Changes for Special Needs Persons After July 1 .5 0 0 0 239279 Aug. 10, 2016 Aug. 10, 2017 Juvenile Law Hot Topics 1 0 0 1 239271 What Family Law Attorneys Need to Know About Nov. 28, 2016 Nov. 28, 2017 1 0 0 1 248912 the New Federal Every Student Succeeds Act Apr. 28, 2016 Oct. 26, 2017 Juvenile Law Hot Topics 1 0 0 1 264750 Apr. 28, 2016 Oct. 26, 2017 Dealing with Bridge Orders .75 0 0 .75 264751 May 31, 2016 May 31, 2018 Lawyer Death and Disability 2 0 2 0 262929 June 15, 2017 Sept. 15, 2017 Changes for Special Needs Persons After July 1 .5 0 0 0 264749 July 25, 2017 July 25, 2018 Using Our New Digital Assets .75 0 0 0 267436 Aug. 1, 2017 Oct. 1, 2017 Juvenile Law Hot Topics 1 0 0 1 271591 Aug. 1, 2017 Oct. 1, 2017 Juvenile Law Hot Topics 1 0 0 1 271560 Aug. 2, 2017 Aug. 2, 2018 Let’s Make a Deal 1 0 0 0 267971 Nuts and Bolts of Iowa Residential Aug. 25, 2017 Aug. 25, 2018 1 0 0 0 269873 Real Estate Transactions Sept. 15, 2017 Oct. 1, 2017 Changes for Special Needs Persons After July 1 .5 0 0 0 271554 Sept. 20, 2017 Sept. 20, 2018 Avoiding Probate Like the Plague .5 0 0 0 272031 Oct. 3, 2017 Oct. 3, 2018 Succession Planning/Classification Changes 1 0 1 0 273012 Oct. 3, 2017 Oct. 3, 2018 Federal Case Law Update 1 1 0 0 272992 Oct. 5, 2017 Oct. 5, 2018 State Case Law Update 1 0 0 0 273276 Oct. 5, 2017 Oct. 5, 2018 New Child Support Guidelines .75 0 0 0 273262 Medicaid Eligibility for Nursing Home and In- Oct. 6, 2017 Oct. 6, 2018 1.25 0 0 0 273315 Home Services Oct. 6, 2017 Oct. 6, 2018 Joint Revocable Trust 1 0 0 0 273360 Oct. 26, 2017 Dec. 31, 2017 Dealing with Bridge Orders .75 0 0 .75 282112 What Family Law Attorneys Need to Know About Nov. 28, 2017 Dec. 31, 2018 1 0 0 0 282106 the New Federal Every Student Succeeds Act

CLE Calendar February 19 March 8 Cybersecurity and Juvenile Law Seminar iowabar.org/calendar Cyber Insurance (In-person or Live Webinar) (In-person or Live Webinar)

March 9 March 12 March 26 May 9-11 Criminal Law Seminar Recordings of Public Safety Employment Law Audits Bench-Bar Conference (In-person or Live Webinar) Officers on Duty (Live Webinar) Courtyard Marriott (Live Webinar) Waterloo

CLE Save on CLE Costs Season Pass iowabar.org/cleseasonpass ASSISTANT GENERAL LABOR & EMPLOYMENT Positions Available COUNSEL/AGRI-FARM ASSOCIATE – Faegre Baker ATTORNEY – Liberty Mutual Group, INSURANCE – Nationwide Daniels, Des Moines – Faegre Baker Omaha, NE – Seeking an attorney Insurance, Des Moines – Seeking an Daniels LLP seeks an employment who will represent the company and its attorney with eight or more years of litigation associate in our Labor & policyholders in civil litigation matters experience. This position will provide a Employment Group that will be based in involving claims for money damages high level of expert advice on complex Des Moines. Ideal candidates will have or compensation for personal injury or legal matters in an area of responsibility, one or more bar admissions, 0-2 years of property damage of a moderate value business line, and/or leading a group that employment litigation experience and a with moderately complex legal issues. provides specialized expertise. Actively strong commitment to client service and Competitive salary and benefits. To apply, identifies and logically assesses potential teamwork. Duties are expected to include complete a confidential profile online at legal risks in ambiguous, unique, and/or a broad range of employment litigation www.libertymutualgroup.com/careers. complex business situations. To apply visit and administrative agency matters Requisition #92348. Equal http://careers.iowabar.org/jobs/10393877/ representing employers. Candidates will opportunity employer. assistant-general-counsel-agri- have strong academic credentials, writing ASSOCIATE ATTORNEY farm-insurance. skills and professional recommendations – Leff Law Firm, Iowa City – MANAGING ATTORNEY where appropriate. To apply visit http:// Established general practice law firm – Iowa Legal Aid, Davenport – careers.iowabar.org/jobs/10574350/ in Iowa City is seeking an associate The managing attorney is responsible for labor-employment-associate-des-moines. attorney to practice and focus primarily a wide range of legal and administrative COVERAGE ATTORNEY on general civil litigation, including family responsibilities. Iowa Legal Aid is – Great Western Casualty Company, law. New graduates and attorneys with dedicated to providing high quality legal South Sioux City, NE – As a coverage 1-5 years of experience are encouraged services in areas of priority identified attorney for Great West Casualty Company, to apply. Compensation commensurate by its board of directors. Priority areas you will focus on the Motor Carrier Policy, with experience. To apply visit http:// include income maintenance programs, providing counsel, training and assistance careers.iowabar.org/jobs/10523180/ housing, health care, domestic violence, to the regions’ claims departments to associate-attorney. education, individual rights and selected foster consistent, efficient and appropriate consumer issues. To apply, submit the claims practices. You will prepare following application packet to akness@ coverage opinions and memoranda on Manage Exchange iowalaw.org: letter of application, resume, claims legal topics as well as oversee and Professional Risk three professional references, law school litigation and declaratory judgement transcript and a recent writing sample. action while supervising outside counsel. with the Midwest’s TRIAL ATTORNEY III This position qualifies for relocation Premier Exchange – Nationwide Insurance, Des Moines assistance. To learn more about Great – Seeking a trial attorney to manage West and our office locations, please visit Resource a caseload of complex personal and our website www.gwccnet.com. commercial insurance defense cases. IMMIGRATION PARALEGAL Successful candidate will have an – Belin & McCormick, P.C., Des excess of eight years of relevant civil Moines – seeking an experienced litigation, trial experience and/or agency employment-based immigration paralegal. hearing representation experience and The ideal candidate will possess be skilled in an area of law relevant to experience preparing nonimmigrant insurance practice. To apply visit http:// and immigrant employer-sponsored careers.iowabar.org/jobs/10540647/ petitions and applications for corporate trial-attorney-iii. clients. Under the supervision of an

IPE 1031 6150 VILLAGE VIEW DRIVE • SUITE 113 WEST DES MOINES, IA 50266 515.279.1111 • 888.226.0400 FAX 515.279.8788 WWW.IPE1031.COM [email protected]

THE IOWA LAWYER 28 FEBRUARY 2018 Columns Classifieds attorney, this paralegal will provide LITIGATION ATTORNEY – support for preparation and filing of PERM BrownWinick Law Firm, Des Moines Space Available labor certifications, employment-based – Seeking a full-time qualified attorney OFFICE SPACE AVAILABLE immigrant visa petitions and related with 2-5 years of experience to join our – Des Moines – Office space available adjustment-of-status applications. To Litigation Practice Group. Candidates for one lawyer and one staff member. apply, visit http://careers.iowabar.org/ must have excellent academic credentials Office share arrangement. Space includes jobs/10617543/immigration-paralegal. and be proactive, detail oriented and conference room and copier. 5907 Grand ASSOCIATE ATTORNEY organized. Candidates should also have Avenue. For more information email Scott – Cailiff & Harper, Moline, IL – Seeking advanced research and writing skills and at [email protected]. a recent graduate with a strong academic experience with pleading, motion and OFFICE SPACE AVAILABLE background and excellent writing skills discovery practice. Prior courtroom and – Marion - Office space available for for an associate attorney position. We are judicial clerkship experience is preferred. attorneys and staff. The space has three looking for candidates who are energetic, Confidential inquires, including cover offices available and a large reception self-motivated, hardworking and detail letter, resume and law school transcript area. Services include access to a large oriented and who desire to dedicate their (unofficial is acceptable) should be conference room, kitchenette and parking. time to the practice of law. Please submit: directed to: Debi Bull, Recruiting For more information contact William Cover letter, resume, transcript, and Coordinator, BrownWinick Law Firm, 666 Schwickerath at (319) 531-7992 writing sample to the following: Karla Grand Avenue, Suite 2000, Des Moines, IA or [email protected]. C. Steele, Califf & Harper, P.C., 506 15th 50309, E-mail: [email protected]. FULL-TIME ATTORNEY Street, Suite 600, Moline, IL 61265; ASSOCIATE ATTORNEY - D. Bradley Kiesey, Attorney - Seeking [email protected]. – Lynch Dallas, P.C., Cedar Rapids – general practice attorney/attorneys TAX ATTORNEY Seeking an associate attorney to practice to assume long-time county-seat law – Anderson Roberts Porth Wallace in municipal law and insurance defense practice in southeast Iowa, wherein & Stewart, Burlington – Seeking an including workers’ compensation. Ideal current attorneys approach retirement attorney with 2-4 years of experience candidate must have a strong work ethic age. Association available. Stand-alone with a focus on tax, probate and estate and excellent analytical, interpersonal, premises able to accommodate 2-3 lawyers planning. Applicants should have writing and research skills. Experience is and staff, with furniture and office educational background and practical a plus, but will train the right candidate. machines available for sale on negotiable experience in income tax and estate Competitive salary and benefits. Please terms. Email [email protected] planning. Confidential inquiries, including send cover letter, resume and copy of law with cover letter, resume cover letter and resume should be directed school transcript to Heather Golden, Lynch and references. to H. Eugene Anderson, P.O. Box 1339, Dallas, P.C., P.O. Box 2457, Cedar Rapids, IA Burlington, IA 52601, email heanderson@ 52406-2457 or [email protected]. Services Offered arplaw.com. LAW FIRM ADMINISTRATOR 1031 EXCHANGES ASSISTANT GENERAL – Lane & Walterman LLP, Davenport – DJF Exchange, Inc. – Quietly doing COUNSEL – UFG Insurance, – Lane & Waterman LLP, a 35-lawyer firm 1031 Exchanges since 2006. If you or a Cedar Rapids – Seeking experienced in Davenport, is seeking a full-time qualified client is interested in a 1031 Exchange, and highly-motivated applicants for the Firm Administrator to replace its current contact company attorney David J. position of assistant general counsel. The administrator who is retiring after 14 years Franks at (563) 359-4351, david@ position, which reports to the general in that position. The Firm Administrator is davidjfrankslaw.com, or view the website counsel, involves providing a wide range of responsible for managing the administrative at www.1031djfexchange.com for support and legal advice on complex legal operations of the firm, including supervising more information. matters to all departments within UFG. all non-attorney personnel, evaluating and Employer will assist with relocation costs. managing the firm’s operating and information Training Opportunities To apply, visit http://careers.iowabar.org/ systems, overseeing the firm’s finance functions, MEDIATOR, PARENT jobs/10632566/assistant-general-counsel. assisting with marketing the firm’s legal services and client development activities, COORDINATOR & ASSOCIATE ATTORNEY COLLABORATIVE LAW – Cordell & Cordell, Des Moines – and evaluating, managing and supervising the facilities of the firm. Confidential inquiries, TRAINING – SPRING 2018 – 40-Hour Seeking an associate attorney. This Family Law Mediator Training (March position will be responsible for providing including cover letter and resume, should be directed to: Firm Administrator, Lane & 5-9, 2018), 16-Hour Parenting Coordinator superior customer service to all clients, Training (April 16-17, 2018), 14-Hour proactively managing family law cases Waterman LLP, 220 North Main St., Suite 600, Davenport, Iowa 52801, Collaborative Law Training (May 16-17, from beginning to end, working with 2018), Coaching Emotional Positivity – a team of professionals to provide email:[email protected] May 24, 2018. Crilley Mediation Services will the best possible case strategy and be presenting these seminars SPRING 2018. managing performance metrics to track For more information on these trainings visit accomplishments and client. To apply, visit our website atwww.CrilleyMediation.com, call: http://careers.iowabar.org/jobs/10602196/ (319) 363-5606 or email: [email protected] associate-attorney.

THE IOWA LAWYER 29 FEBRUARY 2018

SPOTLIGHT on SERVICE The ISBA Public Relations Committee will be honoring an Iowa Grow your nest egg, attorney or group of attorneys each month in this special feature in The Iowa Lawyer. If you would like to nominate someone to be not your tax bill. recognized for his or her work in the community, please contact

Melissa Higgins, [email protected].

Qualified intermediary im Locher has been an attorney in for Holy Family Church. services for all types of Mason City for 43 years, and has Currently, he is also actively involved Section 1031 exchanges also spent those decades giving in the Mason City Community Kitchen, as a J back to the community he calls home. volunteer. He grows food in his garden to

He has served as the Interim Mason supply the kitchen, then also works there City City Attorney from 2011-2012, as well serving people meals.

800-805-1031 • 515-224-5259 as the Mason City Airport Commission “Of my experiences and opportunities Attorney for 40 years, and as the Chair of outside home and the office, nothing has 4800 Mills Civic Pkwy Suite 205 West Des Moines IA 50265 the Mason City Charter Commission. been more meaningful to me than growing He has served as a past president or food and serving it to people. It is iowaequityexchange.com board chair of the following: Mason City fundamental in many ways. Everything

Ken Tharp Chamber of Commerce, United Way of else seems less important for a time,” North Central Iowa, Mason City Family Locher said. YMCA and the Mason City Public Library. Locher is the son of a lawyer, the Standard Exchanges • Reverse Exchanges • He’s also served as a board member grandson of a lawyer and the father of Construction & Improvement Exchanges • on the Girl Scouts of North Iowa and Mason three children, all lawyers. He is also the Business Asset Exchanges • Collectible Exchanges City Foundation, and was involved in the grandfather of five, and has been married

Mason City Family YMCA Capital to his wife Charlotte for 47 years. He Campaign. He currently serves as a board attended University of Notre Dame, Duke

member for Hospice of North Iowa. He also University Law School and served in the

serves as a Eucharistic Minister at U.S. Army from 1969-1971. He served on the INTEGRITY. PRECISION. SECURITY. Epiphany Parish and served as a trustee ISBA Board of Governors from 1997-2002.

2¾ x 4

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THE IOWA LAWYER 30 FEBRUARY 2018

Working as Co-counsel with Iowa Lawyers on Personal Injury and Workers’ Compensation cases for over 25 years.

www.drewlawfirm.com

TOM L. DREW 535 40th Street, Des Moines, IA 50312 Phone: (515) 323-5640 Fax: (515) 323-5643 Email: [email protected]