The October 2019 Iowa Lawyer

THE L AW Y ER IOWAOctober 2019 V 79 N 9

Pro Bono Anywherefrom PAGE 6

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PATENTS • TRADEMARKS • COPYRIGHTS • REGULATORY LAW TRADE SECRETS • ENTERTAINMENT LAW • LICENSING • LITIGATION The official publication of The Iowa State Bar Association.

EDITORIAL TEAM Volume 79 Editor-in-Chief General Inquiries Number 9 Melissa Higgins 515-243-3179 October 2019 515-697-7896 [email protected] [email protected] Copy Editor Steve Boeckman CONTENTS 515-697-7869 [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 addresses by emailing membership@ iowabar.org. HOPE WOOD, IA FREE LEGAL ANSWERS VOLUNTEER ATTORNEY 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. ADVERTISING CLASSIFIED. Qualifying ISBA members receive two free non-job listings annually as a member benefit. Members should contact the ISBA Communications Department for FEATURES COLUMNS ad placement: [email protected]. For Career 12 Don’t fear the cloud! President’s Letter: Center postings, visit http://careers.iowabar.org/ “Computer geek” attorney 5 Our role in reducing DISPLAY. Display advertising in The Iowa Lawyer Mag- insists data security is barriers to justice critical, and doable. azine is handled by Larson Enterprises, 909 50th Street, 22 Disciplinary Opinions West Des Moines, Iowa, 50265. For display advertising and 16 Trial prep primer on non-member classified ad rates, contact Alex Larson at your mama’s lap 23 In Memoriam 515-238-4406 or [email protected]. Trying a lawsuit is merely another way to tell a story. SUBMISSIONS A senior judge explains how 23 CLE info: Tax School The Iowa State Bar Association seeks to publish original successful trial attorneys do it. articles that advance the education, competence, Kudos Helping attorneys in need 24 ethical practice and public responsibility of Iowa 19 This checklist for law firms lawyers. Members are encouraged to submit articles ABOUT THE COVER offers advice for dealing 24 Letter to the Editor and manuscripts to the editor for possible publication. with mental health and substance abuse disorders. Submissions should be no longer than 1,500 words, CLE info: Labor and Attorney Hope Wood is pictured at St. Kilda 27 Employment Law although exceptions can be made. Footnotes should be Café & Bakery in downtown Des Moines, 20 The elephant in the room kept to a minimum. Include a short bio of the author(s) Why no one is talking 28 Classifieds and professional photo(s) when submitting. NOTE: a place where she can order an espresso, about miscarriage open her laptop and conveniently and infant loss in the Not all submissions are guaranteed publication. The legal profession. 28 CLE Calendar editors and bar leaders review all submissions to make help Iowans in need of pro bono legal a determination of suitability for publication. Email all assistance. She is one of the top volunteer 25 Board of Governors 29 Transitions submissions to [email protected] in attorneys using the IA Free Legal Answers Fall Quarterly Meeting The ISBA BOG takes action Microsoft Word format. program to respond to questions online. to approve policies and 30 Spotlight on Service legislation at fall meeting. STATEMENTS OR OPINIONS The IA Free Legal Answers service is The statements and opinions in this publication are just one way the bar association shows those of the authors and not necessarily those of The its commitment to serving Iowans in IN BRIEF Iowa State Bar Association. Readers should consult need. Read more about how you 4 Latest bar exam results original sources of authority to verify exactness. can get involved on page 6. Advertising in this publication does not constitute Middle School endorsement of a product or service unless Mock Trial Tournament The ISBA celebrates attorneys 4 specifically stated. needs attorney judges statewide who do pro bono work with its annual Pro Bono 4 Here’s how to get your Honor Roll beginning on page 8. ISBA membership card

THE IOWA LAWYER 3 OCTOBER 2019 In Brief The Iowa State Bar Association 625 East Court Avenue, Des Moines, Iowa, 50309-1904 Main: 515-243-3179 Fax: 515-243-2511 www.iowabar.org [email protected] PRESIDENT Willard "Bill" Boyd III Des Moines 515-283-3172 [email protected] PRESIDENT-ELECT IN BRIEF Jerry Schnurr III Ft. Dodge 515-576-3977 [email protected] VICE PRESIDENT LATEST BAR EXAM RESULTS Anjela Shutts Des Moines 515-288-6041 [email protected] SECRETARY The results have been released for the July 2019 bar Dwight Dinkla Des Moines 515-697-7867 [email protected] exam. Overall, 80 percent of test-takers passed, 87 IMMEDIATE PAST PRESIDENT Tom Levis W. Des Moines 515-274-1450 [email protected] percent when adjusted for first-time takers. Ninety-six DISTRICT GOVERNORS percent of first-time takers from the University of Iowa DISTRICT 1A College of Law passed and 89 percent of first-time takers Chris Even Dyersville 563-875-9112 [email protected] from Drake University Law School passed. Daniel Fretheim Decorah 563-382-2959 [email protected] DISTRICT 1B The July 2019 admission ceremony was held Shannon Simms Waterloo 319-291-6161 [email protected] Friday, Sept. 20, with a reception afterwards at Heather Prendergast Waterloo 319-234-4600 [email protected] DISTRICT 2A the bar association headquarters. Matthew F. Berry Clear Lake 641-357-7296 [email protected] Megan Rosenberg Hampton 641-456-2555 [email protected] DISTRICT 2B Victoria Feilmeyer Ames 515-239-5146 [email protected] Bethany Currie Marshalltown 641-421-0990 [email protected] DISTRICT 3A Jill Davis Spencer 712-262-1150 [email protected] John Flaten Spirit Lake 712-336-1292 [email protected] DISTRICT 3B Maura Sailer Denison 712-263-4627 [email protected] James Daane Sioux City 712-252-2424 [email protected] DISTRICT 4 Kathleen Kohorst Harlan 712-755-3156 [email protected] Deborah Petersen Council Bluffs 712-328-8808 [email protected] DISTRICT 5A Gilbert Caldwell III Newton 641-792-4160 [email protected] DISTRICT 5B Roberta Chambers Corydon 641-870-0108 [email protected] DISTRICT 5C Henry Hamilton III W. Des Moines 414-403-9082 [email protected] David Nelmark Des Moines 515-244-6199 [email protected] Joseph Happe Des Moines 515-288-2500 [email protected] Margaret A. Hanson Des Moines 515-246-7957 [email protected] Bridget R. Penick Des Moines 515-242-8902 [email protected] Adam D. Zenor Des Moines 515-245-8902 [email protected] Nearly 200 people stopped by the bar association building for the Dawn Boucher W. Des Moines 515-267-1174 [email protected] reception welcoming Iowa’s newest attorneys into the profession. Kathleen Law Des Moines 515-283-3116 [email protected] Nathan Overberg Des Moines 515-243-7611 [email protected] Joe Moser Des Moines 515-288-0145 [email protected] MIDDLE SCHOOL MOCK TRIAL TOURNAMENT NEEDS Mary Zambreno Des Moines 515-246-4512 [email protected] ATTORNEY JUDGES William Miller Des Moines 515-283-1000 [email protected] DISTRICT 6 The Iowa Middle School Mock Trial Tournament is fast Erin R. Nathan Cedar Rapids 319-896-4013 [email protected] approaching and there is a great need for attorneys to Melvin Shaw Coralville 319-337-7429 [email protected] Caitlin Slessor Cedar Rapids 319-365-9461 [email protected] serve as judges. Robert Fischer Vinton 319-472-2353 [email protected] Mark Parmenter Cedar Rapids 319-365-1184 [email protected] This year's middle school regional tournaments will be DISTRICT 7 held across the state Oct. 31 through Nov. 13, with the David J. Helscher Clinton 563-243-1243 [email protected] middle school state tournament scheduled for Nov. 19 Christopher Surls Lowden 563-941-5301 [email protected] through 21 in Des Moines. Ian J. Russell Bettendorf 563-324-3246 [email protected] DISTRICT 8A You can sign up to volunteer as a judge by visiting Rick Lynch Bloomfield 641-664-1997 [email protected] iowabar.org/MSMockTrial or by contacting ISBA Center Ryan J. Mitchell Ottumwa 641-682-5447 [email protected] DISTRICT 8B for Law & Civic Education Director John Wheeler at Brian Helling Burlington 319-754-6587 [email protected] 515-697-7882 or [email protected]. REPRESENTATIVES AND DELEGATES Iowa Judges Association Liaison HERE'S HOW TO GET YOUR ISBA MEMBERSHIP CARD Cheryl Traum Davenport 563-326-8777 [email protected] ABA Delegates The Iowa State Bar Association is now able to provide Alan Olson Des Moines 515-271-9100 [email protected] an attractive and durable ISBA membership card for David L. Brown Des Moines 515-244-2141 [email protected] Jane Lorentzen Des Moines 515-244-0111 [email protected] member attorneys. These new cards will list your name, LEGISLATIVE COUNSEL TEAM business address, bar membership number, years of James Carney Des Moines 515-282-6803 [email protected] membership and a color photo (or ISBA logo) if you Doug Struyk Des Moines 515-282-6803 [email protected] Jenny Dorman Des Moines 515-282-6803 [email protected] have provided one. ISBA YOUNG LAWYERS DIVISION OFFICERS To request one of these free cards, please contact Mary President Abhay Nadipuram Des Moines 515-288-2500 [email protected] President-elect Torey Cuellar Nevada 515-382-7255 [email protected] Hill, ISBA membership director, at [email protected]. Secretary Kristen Shaffer Coralville 319-365-9461 [email protected] Immediate Past President Margret E. White Des Moines 515-244-4300 [email protected]

THE IOWA LAWYER 4 OCTOBER 2019 Columns President's Letter OUR ROLE IN REDUCING BARRIERS TO JUSTICE

t this year’s bar admission cer- the importance of Iowa Legal Aid, A few years ago, the ISBA intro- emony, 151 new Iowa lawyers The ISBA has steadfastly advocated duced IA Free Legal Answers, which A were sworn in by Justice Susan for state and federal funding for the makes available online opportunities Christensen. At the ceremony, Iowa organization. to provide short-term, pro bono legal Legal Aid attorney Alex Kornya made Access to Justice Commission service (learn more on page 6). The a plea to Iowa’s newest lawyers to be reports make clear that all lawyers ISBA also hosts a monthly People’s engaged in helping address the barri- can play a significant role in solving Law School at the ISBA headquarters. ers Iowans have in handling legal chal- access to justice issues. We take an Here, the public can learn about the lenges. This issue is not new and has oath when we become licensed to basics on various legal topics including been the focus of the Supreme Court’s support the cause of the defenseless living wills, power of attorney, health Access to Justice Commission chaired or oppressed, pro bono publico, care directives, Medicaid eligibility, by Iowa Supreme Court Justice Brent and our ethical rules encourage pro consumer protection and child custody Appel. The commission, which is in its bono legal services. Volunteer lawyer laws. The ISBA has partnered with fourth year, meets on a regular basis projects provide essential support to libraries to webcast the presentations to address obstacles facing individuals many lawyers in the state who engage across the state. in accessing justice. The obstacles are in pro bono services. In Polk County, This fall, the ISBA is working with significant and impact many Iowans. for example, lawyers donate more than the State Law Library, Iowa Legal Aid In a 2016 study, Legal Services 5,000 hours of their time annually and the Polk County Bar Association Corporation estimated that 86 percent to ensure that every client with legal on a statewide “Lawyers in Libraries” of the civil legal needs of low-income needs can access the justice system. program. Public libraries are natural people receive no or inadequate legal This month we celebrate the pro bono venues for providing information to help. The Iowa State Bar Association work of Iowa lawyers statewide with members of the public on important has estimated that more than one our “Pro Bono Honor Roll” on page 8. legal issues. Our initial effort has been million Iowans have difficulty afford- The Access to Justice Commission focused on recruiting lawyers around ing legal representation to handle has identified unbundling or limited the state to give one-hour presenta- basic legal needs. scope representation as a possible way tions on topics of interest identified by We are fortunate in this state to have to make legal services more affordable. the libraries during Pro Bono Week Iowa Legal Aid, which assists Iowa’s In this type of representation, the (Oct. 20-26). Volunteer lawyers will be most vulnerable residents and pro- lawyer handles only part of the matter able to create their own presentation vides hope and dignity while making and the client remains responsible on a topic or use materials developed justice available to thousands of Iowa for the other aspects of the case. The by the ISBA People’s Law School, families. As part of its services, Iowa ISBA now has on its website a link for which includes video presentations. Legal Aid helps victims of domestic members of the public to obtain more Please let us know if you are interested violence escape abusive relationships, information on limited scope services in participating in this effort. assists individuals and families who and attorneys who provide such ser- The ISBA’s Legal Access Committee are facing the loss of their home vices.(iowafindalawyer.com/limited-scope) is working on various access issues, due to foreclosure or eviction and The ISBA recently added to Iow- including those related to undocu- works to give elderly Iowans peace of aDocs a tool kit for limited scope mented persons, veterans and human mind by preparing wills and advance engagements, which provides helpful trafficking. Additionally, the ISBA directives. Iowa Legal Aid’s work also information and forms. Providing Board of Governors is reviewing the produces economic benefits to Iowa. limited scope representation on a pro recommendations of the Access to One dollar invested in Iowa Legal Aid bono basis should also be appealing to Justice Commission and considering produces $4.30 in economic gains – lawyers because of the reduced time additional ways the ISBA might facili- gains realized by Iowans. Because of commitment. tate solutions. Please reach out to me if you have any ideas.

Willard L. "Bill" Boyd III Nyemaster Goode, P.C. [email protected], 515-283-3172

Approximately 150 new Iowa attorneys were sworn ISBA Vice President Anjie Shutts presents on in on Sept. 20, taking an oath that promises to sup- custody issues at the last ISBA People’s Law port the defenseless or oppressed, pro bono publico. School on Sept. 17.

THE IOWA LAWYER 5 OCTOBER 2019

IN CELEBRATION OF OCTOBER WHAT IS IA FREE LEGAL ANSWERS? IA Free Legal Answers, launched in 2017, is part of a nationwide ABA pro bono initiative called ABA Free Legal Answers. It is designed like an online walk-in legal clinic. There are 5,700 volunteer attorneys registered nationally, but NATIONAL PRO BONO MONTH more are needed in Iowa. ABA Free Legal Answers values and appreciates the contribution of volunteer attorneys like Hope Wood in the provision of pro bono legal services to Iowa residents seeking access to justice. – David Bienvenu, Chair of the ABA Standing THREE WORDS I CAN GET BEHIND Committee on Pro Bono and Public Service. By Hope Wood

ree legal answers. These three practitioner and it is still my path. was still a lot. At the time, I didn’t even words put together may make you I realized I could spread pro bono have paying clients. F cringe. I get it. I don’t like giving service hours out over the year, but it I didn’t shut down the idea because away my time. And everyone asks for I had mentors in family law practice it. Each week I get a Facebook message that handled pro bono cases. They that starts with “I have a quick ques- were solo practitioners and didn’t have tion” and it proceeds with a descrip- a salary that covered time for pro bono tion of a legal issue. Or I get tagged work. Even though it is hard to make in a Facebook thread as someone who a living as a lawyer, every lawyer has a could help solve a legal problem that professional responsibility to provide isn’t in my practice area. I didn’t sign legal services to those who are unable up for this when I became a lawyer. to pay. My family law attorney mentors I graduated from law school in 2012 inspired me to give pro bono service – in the middle of the recession. There a try. were no longer summer clerkships A few things I learned from working that led to employment. The summer in private practice: You work hard clerkships available were for students for your money (cue music by Donna with the top grades. There are more Summer) and you work hard to get jobs now than when I graduated but every client that has retained you. still far fewer than before 2008. And it is hard for them to pay. Wages When I was sworn in to the Iowa and salaries have been stagnant for bar in May 2013, I was encouraged to decades. I have been creative with my render at least 50 hours of pro bono services by offering unbundled services publico legal services per year. That IA FREE and flat fees. There is still and will is 10 hours more than a statutory 40 always be people who at some point hours a week job–50 hours a year to LEGAL ANSWERS in their lives cannot afford to hire an use my legal education and license attorney. with no pay. I started out as a solo I learned about online legal forums in my law school Ethics class. I learned how to participate in a question and answer platform without creating an attorney-client relationship. Early in my practice I discovered a platform Set yourSelf just like what I learned about in Ethics. I created an account and could up for SucceSS. publicly answer questions. It was a nice way, early in my practice, to apply BUSINESS VALUATION EUbank capital,llc my knowledge without taking a case. (515)669-0594 EXPERT WITNESS Over time, I became good at drafting a EUbankcapital. cOM response that provided legal informa- LITIGATION SUPPORT SERVICES zach@EUbankcapital. cOM tion but didn’t give legal advice. I often referred people to the Iowa Code or the forms available at www.iowacourts. gov; depending on the question,

THE IOWA LAWYER 6 OCTOBER 2019 Features Free Legal Answers

IA Free Legal Answers volunteer attorneys Hope Wood (right) and Debra Hockett-Clark (left) work in conjunction with the University of Iowa College of Law Citizen Lawyer Program (appearing via video conference: Zach Grewe, Julian Plaza, Meddie Demmings [not pictured], Ty Lassen and volunteer attorney Miriam Timmer-Hackert) during a virtual legal lunch clinic on Sept. 12.

to take questions. New attorneys are a great group to encourage. They often want experience with the law, have the time, are comfortable with technology and can establish an early pattern of sometimes I could provide information • I answer questions at the time of day participation in pro bono services. about the common law if it was in my that I chose when I can, wherever You are invited to join me and other practice area. I am. volunteer attorneys at IA Free Legal Iowa Free Legal Answers (IA Free • It is low time commitment – I do not Answers Virtual Legal Lunch Clinics. Legal Answers), part of a project of the have to accept an entire pro bono case There will be virtual legal lunch American Bar Association's Standing to make a difference. clinics at the ISBA headquarters in Des Committee on Pro Bono and Public Moines on Oct. 10, Nov. 14 and Dec. Service, is a virtual legal clinic that WHAT SURPRISED ME ABOUT 12. Volunteer attorneys and law stu- uses a serial question and answer IA FREE LEGAL ANSWERS dents from across the state participate format. Qualifying Iowa residents post • I am able to help dozens of people via video conference. By participating their civil legal questions on the IA each year. in virtual legal lunch clinics, you can Free Legal Answers secure website. I • The person who posts a question answer legal questions and provide was on board right away when I read rarely, if ever, sends a follow-up legal information to qualified clients about it. Unlike a public question and question. while you share ideas and good food answer forum, IA Free Legal Answers • I have never felt an ongoing obliga- with other attorneys. You can learn is private and you can answer the tion to answer questions. more on the IA Free Legal Answers questions you choose to – whether you • I am not tempted to save the person page on the ISBA website: iowabar.org/ decide to provide brief legal advice or from his or her situation. IAFreeLegalAnswers. information. Malpractice insurance is • It helps me establish boundaries – I I welcome questions about IA Free provided by the ABA and the ISBA for provide legal information and the Legal Answers any time and would be the pro bono services that volunteer person decides what to do with the happy to mentor you as you get started. attorneys provide through the IA Free information. Email me at [email protected]. Legal Answers website. IA Free Legal Answers may not be WHY IA FREE LEGAL ANSWERS for you. It isn’t for everyone. If you do Hope Wood has been an attorney and problem solver for over six years. She IS IMPORTANT not like technology, don’t force it. You operates her law practice in downtown • Free legal answers reaches every don’t have to participate, but please Des Moines and is the founder of Will in corner of Iowa. encourage others to learn about it and a Day®. Wood embraces change to fulfill • The need for pro bono services is consider opportunities to participate as her passion for solving problems. here to stay. a mentor for attorneys who do volunteer Her website is www.hopewoodjd.com. • It is a unique opportunity for attorneys to participate in limited scope pro bono service. • It provides an easy opportunity to do pro bono service when and where you can. WHY IA FREE LEGAL ANSWERS WORKS FOR ME • I answer the questions I chose to answer. • I do not feel obligated to answer questions that are outside my areas of expertise. • If I login to the platform and feel overwhelmed with the questions, I close it and go back on a different day.

THE IOWA LAWYER 7 OCTOBER 2019 Features Pro Bono Honor Roll

The Iowa Judicial Branch encourages all Iowa attorneys to devote at least 50 hours of pro bono legal services each year. This pro bono service is vital not only for the people represented; it is vital to society as a whole. Pro bono service turns the promise of equal access to justice into reality.

THE 2019 PRO BONO HONOR ROLL This month we recognize the CRAWFORD: Maura Sailer Iowa’s attorneys donate thousands following Iowa attorneys who did so: DALLAS: J. Gilbert Carnegie; Matthew J. upon thousands of hours of pro bono (Names are sorted by county and were Hemphill; Cynthia Lange Bahls; legal services annually and make provided by Iowa Legal Aid unless other- Amy Skogerson financial contributions to legal service wise indicated. Bolded Orange names DECATUR: Verle W. Norris organizations that assist low-income indicate 50+ hours of pro bono work.) DELAWARE: Jane E. Hanson; Iowans. The ISBA commends all mem- Thomas J. Hanson ber attorneys who perform pro bono ADAIR: David L. Jungmann; Melissa S. DES MOINES: David Beckman; Michael work for clients who would otherwise Larson; Karen K. Varley D. Clark; Brian Helling; William Monroe; be unable to afford the assistance of ALLAMAKEE: Heidi Weiland Brent R. Ruther; Mitchell L. Taylor an attorney. APPANOOSE: Jonathan Willier DICKINSON: April Bosma BENTON: Ray Lough DUBUQUE: Stephan E. Alt; Adam James BLACK HAWK: Larry L. Anfinson; Robert Babinat; Catherine R. Caitlin; Jodee Diet- Bembridge; Judith R. Benson; Tim C. zenbach; Shawna L. Domeyer; MaryBeth Boller; Peter W. Burk; Jen Chase; Paul A. Fleming; Stephanie Fueger; Bridget L. Demro; Aaron J. Eddy; Kevin D. Engels; Goldbeck; Sharon Hallstoos; Francis W. Manage Exchange Hugh Field; Laura Folkerts; Nina Forcier; Henkels; Susan M. Hess; Alex L. Hofer; Dennis M. Guernsey; Linda A. Hall; John Roger J. Kurt; Leigha Lattner; Jason and Professional Risk W. Harris; Aaron K. Hawbaker; Theresa E. Lehman; Jessie L. McNamara; Robert J. Hoffman; Luke C. Jenson; Gary H. Jones; Murphy; Thad Murphy; Brian W. Peters; with the Midwest’s Jennifer L. Klocke; C. Morgan Lasley; Stephen W. Scott; Christopher M. Soppe; Christy R.Liss; Rick R. Lubben; Timothy Jamie Splinter; Myia Steines; Hilary A. Premier Exchange J. Luce; Kathryn J. Mahoney; John T. Stubben; Brenton M. Tunis; Joshua P. McCoy; Nathan D. Miller; Richard R. Mor- Weidemann; Michael J. Whalen Resource ris; Kenneth P. Nelson; Paul T. Shinkle; EMMET: Scot Bauermeister; Charles W. Showalter; Lynn M. Smith; Christopher Fuhrman Chad A. Swanson; Thomas Verhulst; FAYETTE: Jeffrey E. Clements; Nichole T. Watt; Steven Weidner; Natalie David J. Hanson; T. David Katsumes; Williams Burris; Michael R. Young James S. Updegraff BOONE: Ben Doran; Judd N. Kruse GREENE: Michael F. Mumma BREMER: Jill Dillon; Lana L. Luhring; GRUNDY: Todd A. Geer; Mark Milder; Melissa M. Timmermans Jennie L. Wilson-Moore BUCHANAN: Sarah Dooley-Rothman GUTHRIE: Beverly E. Wild BUTLER: Elizabeth Biwer; HANCOCK: Philip L. Garland Amy K. Swanson HARDIN: Larry W. Johnson CARROLL: Jessica Morton HARRISON: Alan J. Anderson CASS: Jonathan Mailander; HENRY: Gary L. Wiegel David L. Wiederstein HOWARD: Barton L. Seebach CERRO GORDO: J. Mathew Anderson; IDA: Peter Goldsmith Travis M. Armbrust; Rolf V. Aronsen; IOWA: James E. Claypool; J. Scott Ed- Jacquelyn K. Arthur; Scott Brown; John wards; Dennis R. Mathahs; Fred Stiefel; L. Duffy; Joseph R. Lapointe; C. Bradley Peter W. Stiefel; Eric D. Tindal IPE 1031 Price; Kim R. Snitker; John G. Sorensen; JACKSON: Steven Kahler 6150 VILLAGE VIEW DRIVE • SUITE 113 Richard N. Jr. Tompkins; Joel J. Yunek JASPER: Randal B. Caldwell WEST DES MOINES, IA 50266 CHEROKEE: Richard Cook; Alyssa A. JEFFERSON: Robert G. Rutt; 515.279.1111 • 888.226.0400 Herbold; George W. Wittgraf Vanessa Willman FAX 515.279.8788 CHICKASAW: Kevin J. Kennedy; Christo- JOHNSON: Eric L. Bigley; Maurine A. WWW.IPE1031.COM pher F. O'Donohoe Braddock; Robert N. Downer; Kirsten [email protected] CLARKE: Sandra Baringer; Elisabeth S. H. Frey; Matthew J. Hayek; Christopher Reynoldson; Matthew D. Zinkula A. Jones; Michael W. Kennedy; Timothy CLAY: David A. Scott J. Krumm; Grant D. Lientz; Margaret CLINTON: Sarah Oldsen; Elizabeth Srp McCaffery; Jeffrey L. Powell; Lynn Rose;

THE IOWA LAWYER 8 OCTOBER 2019 Features Pro Bono Honor Roll

Leon Spies; Sara Strain Linder; Sean W. Craig; Michael Dayton; Erin E. Del Val; pher Coppola; Manuel Cornell; Garry Cox; Wandro; Paul K. Waterman; Kristin Wat- Catherine M. Drexler; Julie K. Foster; David Craig; Amy Davis; J. Michael Deege; son; Alison Werner Smith; Weijing Wu Carey Gehl; Melissa Gillespie; Dorothy Steven Despotovich; Nicholas Dial; Cather- JONES: Adrian T. Knuth Goodman; Elizabeth Grob; Dennis ine Dietz-Kilen; Diane Dornburg; Carmen KOSSUTH: Thomas W. Lipps; Groenenboom; Danielle Jess Haindfield; Eichmann; Robert Evans; Van Everett; David C. Skilling Sangki Han; Jim Hanks; Jill Hansen; Lona Erik Fisk; Brian Foddrill; Sally Frank; Robert LEE: R. L. Jr. Fehseke; Carl A. Saunders; Hansen; Elizabeth Happe; Scott Hart- Gainer; Joe Gamble; Matthew Gardner; Steven J. Swan sook; Christopher Henderson; Jeffrey J. Kimberly Graham; Nicholas Gral; Marc LINN: Jared S. Adam; Todd W.Anderson; Hicks; Aaron J. Hilligas; David W. Hosack; Harding; John Hardy; Victoria Herring; Mark Jace Bisgard (Through Kids First Cedar Ryan P. Howell; Laura Humes; Larry I. Jr Hinshaw; Shannon Holmberg; RJ Hudson Rapids); Matthew J. Brandes; Phillip James; Christopher I. Khasho; Olivia Kil- Jr.; Robyn Huss; Randall Jackson; Larry Brooks; John N. Capellupo; Kevin Caster; gore; Patrick R. Kirchner; Nick Klinefeldt; James, Jr.; Jeffrey Janssen; Earl Kavanaugh; Kevin Collins; James P. Craig; Terri Kelsey Knight; Emily A. Kolbe; Justin Jonathan Kennedy; Greg Kenyon; Jonathan Davis; Arianna N. Eddy; Jeremy D. Elges; Lange; Christopher J. Langpaul; Christine Kramer; Matthew Laughlin; Anthony Leon; Katie L. Frank; Michael Greiveldinger; Lebron-Dykeman; David J. Lyons; Cory A. Susan Low; Stephen Marso; Cory McClure; Larry G. Gutz; Allison M. Heffern; James McAnelly; Matthew McDermott; Mat- Lora McCollom; Katelynn McCollough; Curt C. Holmes; Mark Hudson; Stephen B. thew McGuire; John McKinney; Jaime L. McCormick; James Meade; Jenifer Mer- Jackson Sr.; Donald L. Johnson; Sam Mosqueda; Anna Mundy; Steven Nadel; cer-Klimowski; Jennifer Meyer; Bill Miller; Jones; Jeremiah D. Junker; Maureen Bill Nassif; Eric Nemmers; Alan O. Olson; Rebecca Miller; Angela Morales; Jaime Kenney; Desiree A. Kilburg; Rae M. Nathan Overberg; Darren A. Page; Joelle Mosqueda; Robert Myott; Katie Naset; Mat- Kinkead; Linda M. Kirsch; Jared F. Knight; Palmer; Rachel Parker; Peter Pashler; thew O’Hollearn; Robert Oberbillig; Nathan Mona Knoll; Lissa Koop; Michael K. Karen Pearston; Ron Peeler; Nicholas Olson; Tim Pearson; Jeffrey Perkins; Tyler Lahammer; Jonathan Landon; Pamela Jo J. Pellegrin; Jeffrey M. Perkins; Emily Phelan; Nicholas Platt; Teresa Pope; Gavin Lewis; Dawn Long; Janice R. McCool; Pontius; James L. Pray; Rebecca E. Reif; Quill; Katrina Raisch; Katherine Ramsay Patricia J. Meier; Richard Mitvalsky; Brett F. Roberts; Hannah M. Rogers; Massier; William Reasoner; Penny Reimer; Matthew Nagle; Henry E. Nathanson; John D. Schmidt; Charles Schneider; Scott Riemenschneider; Erin Romar; Julia Samantha C. Norris; Steven J. Pace; Craig V. Schrader; Courtney I. Schultz; Roose; Christopher Rottler; Elizabeth Ryan; Brett D. Papendick; Cynthia A. M. Parker; Mary Schwarze; Karen E. Shaff; Bridget Brittany Sandler; Anjela Shutts; Craig Carla Pearson; Nancy Penner; Shannon C. Shapansky; Ross Craig Shives; Nick Sieverding; Fred Sinkevich; Kathryn Skilton; M. Powers; William P. Prowell; Rachel Smithberg; Randy Stefani; Ashley C. Olivia Slater; Alexander Smith; Jerry Spaeth; Riley McCrate; Cara L. Roberts; Mark Stewart; Debra Svoboda Epp; Deborah Kimberly Stamatelos; Paul Statler; Alison A. Roberts; Jeorgia K. Robison; Kelsey Tharnish; Andrew T. Tice; Miriam Van Stewart; Daniela Talmadge; Jonathon M. Rwayitare; Jonathan Schmidt; Jenny Heukelem; Lindsay Vaught; James Tarpey; Deborah Tharnish; Angelina Thom- Schulz; Jacob A. Schunk; Phillip D. Seidl; Wainwright; Steven P. Wandro; Rhonda as; Christina Thompson; Ashley Tollakson; Daniel Seufferlein; Kristen A. Shaffer; B. Ward; Conner L. Wasson; JoEllen G. Timothy Tripp; Elizabeth Van Arkel; Philip Kristymarie Shipley; James Sines; Caitlin Watts; Carrie L. Weber; Steven R. Weiss; Van Liew; Dwayne Vande Krol; Stephen Veit; Slessor; Danielle Smid Dixon; Elizabeth Carol A. Wendl; Valorie K. Wilson; Janis Thomas Walton; Alexis Warner; Jana Weiler; L. Souer; Gary Streit; Cynthia S. Sueppel; J. Winterhof; Clinton L. Woods; Xiao Hope Wood Jason Sytsma; Robert L. Teig; Sarah Brooke Yang; Jared A. Yepsen Polk Co. VLP attorneys who volun- C. Thielen; David G. Thinnes; Larry J. Through the Polk County Bar As- teered to mediate cases but did not Thorson; Mark Tremmel; Crystal Usher; sociation Volunteer Lawyers Project: represent the clients: Van Everett; Jeremy Thomas J. Viner; Karen A. Volz; Kyle W. David Albrecht; Lisa Allison; Michael Feitelson; Kimberly Graham; Michael Horn; Wilcox; Nate Willems; Alfred E. Willett; Arleth; Della Arriaga; Shefali Aurora; Tom Levis; Abigail Maher; Lora McCollom; Lisa C. Williams; Anne K. Wilson; Thom- Joe Austen; Kim Baer; Mike Bandstra; Jennifer Meyer; Donna Miller; Eliza Ovrom; as D. Wolle; Mark L. Zaiger Scott Bandstra; David Barajas; Lu Ann Teresa Pope; Brittany Sandler; Anjela Shutts; LOUISA: Roger A. Huddle; David L. Barnes; Bradley Beaman; Ben Bergmann; Robert Sobiech (not an attorney); Douglas Matthews; Megan R. Merritt Peter Berger; Eric Borseth; Christine Staskal; Carie Steinkamp; Elizabeth Varnon; LUCAS: Raymond C. Meyer Branstad; Scott Brennan; Molly Brown; Kelly Wadsworth (not an attorney) MAHASKA: Mike Broerman; David D. Jonathan Causey; Tyler Coe; Christo- Dixon; Jim Hansen, Dustin D. Hite; Greg A. Life; Eric J. Palmer MARION: Timothy N. Tripp MARSHALL: Douglas W. Beals; Brian L. Danielson; Kent L. Geffe; Sean Heitman; Andrew B. Howie Mike E. Marquess APPELLATE LAWYER MITCHELL: Mark L. Walk MUSCATINE: Elizabeth Araguas; ►Fellow, American Academy of John P. Harris; Neva M. Rettig Baker Appellate Lawyers O’BRIEN: Micah Schreurs ►Fellow, American Academy of PLYMOUTH: Marten A. Trotzig Matrimonial Lawyers POCAHONTAS: Donald A. Beneke POLK: Michael Arleth; Katherine A. Baier SHINDLER, ANDERSON, Beenken; Kristin Billingsley Cooper; GOPLERUD & WEESE, P.C. Jennifer A. Block; Michael Boohar; 515-223-4567 Nathan J. Borland; Willard Boyd III; David [email protected] L. Brown; Phillip L. Brown; Maria E. www.sagwlaw.com Brownell; John Bunz; Kendra S. Clark; Accepting Referrals Jennifer Clendenin; Anne Cook; Jason

THE IOWA LAWYER 9 OCTOBER 2019 Features Pro Bono Honor Roll

Officers and board members of the Kelsey Marquard; Andrea Mason; Ron Polk County Bar Association Volun- A. May; Mike McCarthy; Jeff McDaniel; teer Lawyers Project: Maria Brownell Robert Meyer; Aaron Miers; Tommy – President; Stephen Marso – Secretary; Miller; John O. Moeller; Linda Molyneaux; Michael Kuehner – Treasurer; Donna Michael E. Motto; Candy Pastrnak; David MARKETS MOVE. SO SHOULD YOU. Miller - Liaison to the Polk County Bar As- Pillers; Ted Priester; Megan Regennitter; sociation; Caroline Bettis; Lance Lange; Angela Reier; John Remus; Amanda Rich- RYAN LAMOUREUX, Hon. Heather Lauber; Hon. Christopher ards; Michael E. Rock; Richard Roller; Dee Investment Analyst McDonald; Tim Pearson; Thomas Story; Runnels; Breanne Schadt; Doug Scovil; From October 2018, through mid-June of 2019, trends Other important considerations taken into account when Margaret Van Houten Rebecca Sharpe; Kim Shepherd; Penelope POTTAWATTAMIE: William Bracker; Souhrada; Steve Stickle; Ciara Vesey; have reminded investors that capital markets can very deciding to rebalance a portfolio include: Helen M. Broadway Savage; Angela Marlin "Hap" Jr. Volz; Maria Waterman; quickly move up and down in value. During this recent time • Transaction Costs: Foster Group strives to reduce Burmeister; James A. Campbell; Kate Michael A. Williams; Jeffrey Wilson period, US equity markets saw a drawdown of -20% before SPECIAL THANKS Cutler; Quinn R. Eaton; Brendan M. Kelly; SHELBY: William T. Early trading expenses whenever possible. We give careful Rick C. Kimble; Drew H. Kouris; David J. STORY: Eric J. Eide; Timothy L. Gartin subsequently recovering and moving higher, as measured attention to situations that would require several trades to The ISBA thanks the following attorneys for McCann; Kimberly K. Murphy; Through Story Co. VLP: Hon. Michael by the Russell 3000 Index. At the same time, the US bond their pro bono work on behalf of IA Free Legal rebalance an account. Paul Wilson Moon; Chris Moon; Mark Olberding; Audra market saw an increase of almost 8.5%, measured by the Answers: Tammi Blackstone; Aaron Blair; Willard POWESHIEK: Donald J. Charnetski; Dale Saunders; Andy Boetteger; Nicole Red- • Tax Costs: Foster Group will make every effort to avoid Boyd III; Matthew Brandes; Denise Brennan; David Bloomberg Barclays US Aggregate Bond Index. These kinds A. Lamb; Michael Mahaffey; Patrick J. man; Chad Schneider; John Dirks; Rebec- incurring taxes from capital gains whenever possible while L. Brown; Ven Bujimalla; Kellen Corbett; Amy Mahaffey; Donald L. Schild ca Miller; Shawn Smith; Jonathan Coy of price movements often lead to portfolio’s becoming “out of Costello; C. Anthony Crnic III; Megan Dooly; Tyler SCOTT: Grishma Arumugam; Alex Legal Aid Society of Story County still considering the overall risk profile of the portfolio. Eason; Quinn Eaton; Stephen Eckley; Van Everett; Barnett; Ryan Beckenbaugh; ; Nicole Facio (President); Tim balance,” relative to their original asset allocation targets. Trista Beise Board: • Market Dislocation: Although rare, there can be time Jacob Everhart; Matthew Gardner; Eric Goers; John Bribriesco; Courtney Brokloff; Meals; Mary Howell Sirna; Paul Johnson; The primary reason for portfolio rebalancing is to maintain the Susan Hess; Gary Hill; Debra Hockett-Clark; Arnold Arthur Buzzell; Garth Carlson; William Joshua Opperman periods when asset prices may not accurately reflect risk profile of the policy portfolio that the client has chosen. Kenyon III; Jennifer Kincaid; Phillip Klinger; Gina L. Cleaver; Carrie Coyle; Joseph Creen; TAMA: Brent Lechtenberg; Bruce Reinders information. These time periods are generally due to lack Kramer; Ross Laird; Erin Lee Schneider; Thomas H.J. Jack Dane; Calvin Dane; Richard WAPELLO: Robert M. Box; Robert E. II However, periodic rebalancing has the added benefit of of liquidity, coupled with extreme volatility, such as the Levis; Paul McAndrew; Cara Mickelsen; Phillip A. Davidson; Harold DeLange; Kylie Breckenridge; H. Edwin Detlie; Richard J. “buying low” and “selling high”. For example, during a period Myers; Jason Neifert; Lori Nelson; Jessica Noll; Franklin; Robert H. Gallagher; Robert S. Gaumer; Timothy W. James; Joni L. Keith; 2008 financial crisis. These time periods tend to be very when stocks are up and bonds are down, the portfolio likely Barbara Orzechowski; Laura Parrish; Mark Rice; Gallagher; Matthew Gannon; Alicia Gieck; Sara Wenke short lived, so Foster Group may suspend rebalancing Martha Scarpellino; Anjela Shutts; Alex Smith; Peter Gierut; Maegan Gorham; Michael WARREN: Marcy Lundberg would become overweight stocks and underweight bonds. To for a very short period of time (days or weeks) in an effort Emily Swartz; Thomas Tarbox; Christina Thomp- Gorsline; Tim Gulbranson; Kevin Halligan; WAYNE: Alan M. Wilson rebalance back to the policy portfolio, stocks would need to be son; Miriam Timmer-Hackert; Heather Timmins; Steve Hanna; Eric Hartmann; Steve WEBSTER: Mark R. Crimmins; to reduce the transaction costs related to constantly sold “at a high”, and bonds would need to be bought “at a low”.” Bruce Walker; Hope Wood Haverkamp; Steve Jacobs; Gage Kensler; Jerry L. III Schnurr rebalancing a portfolio. Gary Lane; Andrew Larson; Matthew WINNEBAGO: Scott Folkers; At Foster Group, we systematically review client portfolios Leddin; Nathan Legue; Sandra Madsen; Richard P. Schwarm Foster Group truly cares about our clients’ goals, whether every 6 to 8 weeks and rebalance as necessary. When will WOODBURY: Kaitlin Boettcher; Mark you’re planning for your family’s future or planning to make Cord; Robert B. Deck; Ray H. Edgington; Foster Group rebalance a portfolio? In general, if a portfolio’s the future better for people on the other side of the world. If Jason Gann; Brett P. Hall; Karrie R. Hruska; stock to bond mix is +/-1% of the target allocation, we Gregory N. Lohr; Robert F. Meis; Matthew you would like to know more about how, when, and why we rebalance the portfolio. We also rebalance the individual R. Metzgar; Cynthia Moser; Barbara F. rebalance portfolios, please give us a call. Orzechowski; Wayne G. Prichard; R. investments (e.g. asset class mutual funds) that make up the Scott Rhinehart; Jeremy B. Saint; Robert N. Stewart; Suzan Stewart; Jennifer Van portfolio using that same criteria. Kekerix; Hannah Vellinga; Kendra M. Zirbel Olson WRIGHT: Dani Eisentrager; James E. Houser Iowa Legal Aid’s Board of Directors and Foundation Board members: Mark Zaiger; Matthew McDermott; Anna Olson; Foster Group® provides customized financial planning Cynthia Moser; Kate Cutler; Richard A. and investment management services to people who Davidson; Scott Folkers; Kristin Gan- nett-Sanchez; Michael Mahaffey; Shawn are looking for more. Not more status … but more Nauman-Larson; Peter Pashler; Thomas WEALTH Rausch, Sr.; Elisabeth Reynoldson; Kerry purpose. We use tested methods intended to help J. Rodabaugh, M.D.; Leon Spies; Angela you reach your goals, whether you want to play in the Sprouse; Rosanna Stutzman; Nate Wil- WITH lems; Mark Rosenbury; Deborah Tharnish, ocean or help clean its waters. It’s all part of being David L. Brown; Sarah Garst; Jim Hansen; MORE Truly Cared ForTM. Stephen R. Jackson, Sr.; Nick Klinefeldt; Christine Lebrón-Dykeman; Sara Strain PURPOSE Linder; Jean Lloyd-Jones; Margaret McCaffery; Thad Murphy; Eric Nemmers; Alan O. Olson; Peter Pashler; James L. Pray; Angela Reier; John D. Schmidt; Nick Smithberg; Suzan M. Stewart

Call us at 1-855-633-2959 or visit fostergrp.com/professionals

6601 Westown Parkway, Suite 100 | West Des Moines, Iowa | fostergrp.com/professionals PLEASE NOTE LIMITATIONS: Please see Important Advertising Disclosure Information and the limitations of any ranking/recognitions, at www.fostergrp. com/advertising-disclosure/. A copy of our current written disclosure statement as set forth on Part 2A of Form ADV is available at www.adviserinfo.sec.gov. THE IOWA LAWYER 10 OCTOBER 2019 ©2019 Foster Group, Inc. All Rights Reserved. MARKETS MOVE. SO SHOULD YOU. RYAN LAMOUREUX, Investment Analyst From October 2018, through mid-June of 2019, trends Other important considerations taken into account when have reminded investors that capital markets can very deciding to rebalance a portfolio include: quickly move up and down in value. During this recent time • Transaction Costs: Foster Group strives to reduce period, US equity markets saw a drawdown of -20% before trading expenses whenever possible. We give careful subsequently recovering and moving higher, as measured attention to situations that would require several trades to by the Russell 3000 Index. At the same time, the US bond rebalance an account. market saw an increase of almost 8.5%, measured by the • Tax Costs: Foster Group will make every effort to avoid Bloomberg Barclays US Aggregate Bond Index. These kinds incurring taxes from capital gains whenever possible while of price movements often lead to portfolio’s becoming “out of still considering the overall risk profile of the portfolio. balance,” relative to their original asset allocation targets. • Market Dislocation: Although rare, there can be time The primary reason for portfolio rebalancing is to maintain the periods when asset prices may not accurately reflect risk profile of the policy portfolio that the client has chosen. information. These time periods are generally due to lack However, periodic rebalancing has the added benefit of of liquidity, coupled with extreme volatility, such as the “buying low” and “selling high”. For example, during a period 2008 financial crisis. These time periods tend to be very when stocks are up and bonds are down, the portfolio likely short lived, so Foster Group may suspend rebalancing would become overweight stocks and underweight bonds. To for a very short period of time (days or weeks) in an effort rebalance back to the policy portfolio, stocks would need to be to reduce the transaction costs related to constantly sold “at a high”, and bonds would need to be bought “at a low”.” rebalancing a portfolio. At Foster Group, we systematically review client portfolios Foster Group truly cares about our clients’ goals, whether every 6 to 8 weeks and rebalance as necessary. When will you’re planning for your family’s future or planning to make Foster Group rebalance a portfolio? In general, if a portfolio’s the future better for people on the other side of the world. If stock to bond mix is +/-1% of the target allocation, we you would like to know more about how, when, and why we rebalance the portfolio. We also rebalance the individual rebalance portfolios, please give us a call. investments (e.g. asset class mutual funds) that make up the portfolio using that same criteria.

Foster Group® provides customized financial planning and investment management services to people who are looking for more. Not more status … but more WEALTH purpose. We use tested methods intended to help WITH you reach your goals, whether you want to play in the ocean or help clean its waters. It’s all part of being MORE Truly Cared ForTM. PURPOSE

Call us at 1-855-633-2959 or visit fostergrp.com/professionals

By Jonathan D. Schmidt

“COMPUTER GEEK” ATTORNEY INSISTS DATA SECURITY IS CRITICAL, AND DOABLE have been a computer geek for Cloud technology, but I freely admit Yet, the hackers were attacking them as long as I can remember. First, that the Cloud isn’t suitable for every anyway. I my grandfather got me hooked scenario. According to the September/October when he showed me his Radio Shack 2019 issue of the ABA Journal, 23 TRS-80. Almost 38 years ago, I got my GOOD SECURITY IS HARD percent of all law firms reported a se- first computer, a Timex Sinclair 1000. According to Business Insider, in curity breach in 2018. That’s reported. Over the years, I personally moved 2018 alone, there were breaches at Therefore, the figure doesn’t include up to the Commodore 64, the Com- T-Mobile, Quora, Google, Orbitz and firms that either didn’t report or modore Amiga, Windows and Mac Facebook, just to name a few. These didn’t know that they had a cyberse- machines. (I’m currently using Macs.) are large companies with presumably curity breach. The “it won’t happen In short, I have been working with huge technology security budgets. to me,” mindset is not only false, but computers, programming them, learn- These companies and many others like constitutes dangerous complacency. ing how they work, tearing them apart them get hacked every single day. Likewise, the “I’m just a solo or small and putting them back together again, In the past, I’ve been accused of firm,” or the “no hacker would want and generally striving to get them to being too concerned about security. my client’s data,” mentality is equally do my bidding. My response is that most people are problematic. While still in undergrad, I found not concerned enough about it. As the The reason for the attacks on what myself working at the now-defunct high-profile security breaches have some people try to convince them- online information service called repeatedly shown, even big companies selves are low-value targets is that CompuServe in a suburb of Columbus, have problems maintaining their most attacks are automated. You can’t Ohio. I worked at CompuServe for five security. You simply can’t do security get into the mindset that you aren’t years and then began my career as a better than big players such as Mic- a target because you are too small, consultant. I have worked on projects rosoft, Google and Apple. Unless you or that your information wouldn’t at, and for, Fortune 100 companies are a multi-million-or-billion-dollar be attractive to a hacker. If any of over the years including AT&T, Na- company who can afford good talent your computers are connected to the tionwide Insurance, Merrill Lynch and in-house, you simply can’t compete Internet, they are a target. And, if any Chase Manhattan Corp. I have worked with the security provided by the one of the computers on your network on projects for companies big and bigger players. is attached to the Internet, all of the small. I have also worked on projects According to a study published in computers on your network are at risk. for the United States Army and the 2017 by the Clark School at the Uni- The hackers only need to find one Arizona Superior Court. versity of Maryland, there is a security vulnerability to be successful. Why am I telling you this? Since I breach every 39 seconds on average. Don’t believe me? Read the article am now an attorney, I thought a little That’s an average of 2,244 attacks in Wired Magazine from August 2018 introduction of myself is in order per day. One of the most interesting about the NotPetya virus and its effect in the hopes of establishing some things that I found with this study is on the global economy. That was measure of credibility. It is really easy that the computers that they attacked started by one piece of software on for someone to make broad, sweeping were essentially dummy computers. one computer. It took down almost generalizations. That is not my goal. The computers had no value in terms the entirety of Maersk’s computer I’m here to advocate for the use of of the information to be obtained. network worldwide. It went on to infect computer systems all over the world including at companies like FedEx and Merck. The total cost is estimated at over a Des Moines – Adel – Quad Cities billion dollars in lost revenue. Mediation and A rbitration Services If that weren’t enough, Attorneys specializing in workers’ compensation, civil litigation, and family law cases here’s the real kicker of the story. The exploits that allowed NotPetya to cause such destruction came, at least in part, from the National Security Agency. Our presum- E.J. Valerie A. Matthew A. Jane V. M. Anne Jeff H. Karla J. Paul L. Kelly Landis Grotnes Lorentzen McAtee Jeffries Fultz Macek ably-most-brilliant minds in Workers’ Workers’ Workers’ Workers’ Workers’ Civil Litigation Family Law Civil Litigation & Compensation Compensation Compensation Compensation Compensation Family Law cyber warfare and defense had a security breach and those Our offices are available with Wi-Fi, convenient free parking, and accommodations for large mediations tools are being used against Phone: (51 5 )-244-0111 www.hhlawpc.com all of us. It has been widely

THE IOWA LAWYER 12 OCTOBER 2019 Features Data Security publicized that computer hacking tools what questions to ask a would-be because the old one is three years old. used by the NSA were leaked or stolen. consultant before hiring them. Unless Do you hear complaints from people Your job is to practice law. You can’t you know about IT yourself, how could that their computers are slow? That do security better, or even as good, as you possibly know how to tell if the still doesn’t mean that a new computer the big companies, and it is foolish to consultant knows what he or she claims is in order. Often, there are software think that you can. It is equally foolish to know? problems that can be fixed without to think you aren’t a target. If your References from other companies buying new hardware. But, if the hard- device has Internet connectivity, you who have worked with the consultants ware is indeed dated, most of the time are a target. could be helpful. But, unless you trust the hardware inside the computer can So, what are we to do about it? First, that the people making the recom- be updated to provide new life. Look acknowledge your strengths and your mendation have done their own due at adding more memory (RAM). Look weaknesses. You are in the business of diligence, it is still a crap shoot. Sure, at replacing a spinning hard drive practicing law, not cyber security. You they can tell you what nice people they with a solid-state drive (SSD). These need to acknowledge that you aren’t are, that they are great to work with, updates often cost less than $100. going to be able to secure your systems and that they solved X, Y, Z problems. Another thing to keep in mind properly by yourself. You will need But, can the recommender really here is that buying a new computer help. evaluate the results of something that doesn’t automatically mean that it will If you have in-house IT staff, you he or she knows nothing about? be faster. It depends on what you have need to make sure that they have the My advice here is to ask questions and what you want to buy to replace it. resources they need to be successful, and be skeptical. Remember that the While it’s true that the latest greatest including training, education and even IT folks (in-house or outside consul- hardware will outperform hardware outside help when necessary. Make tants) want to keep their jobs. They from three years ago, you don’t need sure that your IT staff includes person- want to sell you something. the latest and greatest to run Word. nel who are trained in cybersecurity Here are a couple questions that I defense. It is not as simple as making suggest you ask: “WHAT ARE YOUR THOUGHTS ON sure you have the latest version of your INSTALLING REGULAR FIRMWARE, favorite anti-virus program running on “WHAT DO YOU RECOMMEND IN TERMS SOFTWARE AND OPERATING SYSTEM your machine. OF A TIMEFRAME FOR REPLACEMENT OF UPDATES?” AGING COMPUTER HARDWARE?” If the IT person is hesitant about MOST IMPORTANT TO DO This seems straight forward enough, installing the latest software and The most important thing you can right? Most people I have talked to firmware updates in any way, my advice do is not to bury your head in the sand over the years have plans to replace is to run away. The correct answer is and think that it won’t happen to you. computers every three years or every that the updates should be set up to be That’s because it probably already has, five years or such. They do this not installed automatically. Not having the and you don’t even know it. It’s hard for financial planning reasons, but latest software and firmware patches enough to try to keep your computers because that’s what their computer installed is a huge reason there are secure, but it can be even harder consultants have told them. successful attacks. Right now, on the to detect when something bad has In my opinion, the correct answer Internet, there are millions of com- happened. Some attacks, like the one from a technology standpoint is that it puters looking for outdated computer involving NotPetya, involve pure de- depends. Does the computer you have software to exploit. struction—it was intended to destroy now do what you need it to do? If you If there are concerns about legacy computer data. But, if destruction isn’t are using the computer for e-mail and hardware or software support, I also the game, ransomware is popular, as is Word, a 10-year-old computer can do approve of testing the rollout of such other malware. that. You don’t need to buy a new one updates before they go to the entire Whether you have an in- house IT department or not, you may decide to employ Joseph A. Happe outside consultants. But I’ll tell Mediation and Arbitration Services you a secret: Anyone can claim Civil litigation, general liability, & workers’ compensation to be a computer consultant/ expert, but that doesn’t mean Member of National Academy of Distinguished Neutrals that the person knows what he 34 years litigation experience or she is doing. Multi-party mediation accommodation at the Des Moines office The problem with hiring an IT consultant is that there is no To Schedule: way for most people to under- Online: www.davisbrownlaw.com/happemediations stand and verify the credentials Phone: Catie (515) 246-7817 of an IT professional. And to Email: [email protected] further complicate matters, DAVIS BROWN KOEHN SHORS & ROBERTS P.C. most people don’t even know 215 10TH ST., STE 1300 PHONE: 515.288.2500 DES MOINES, IA 50309 WWW.DAVISBROWNLAW.COM

THE IOWA LAWYER 13 OCTOBER 2019 Features Data Security

BAD PASSWORDS company. But that requires a dedicated security system not unlike one you IT lab and staff that many smaller might have at home. Their job is to The bigger problem for most people companies lack. If you don’t have a give you access to your data (or your is the use of bad passwords. In my dedicated IT lab environment (most home) through the use of a password opinion, the best way to overcome firms I know don’t), you need to install (or a numeric keypad), while at the the use of bad passwords is to use the updates automatically. same time keeping others out (the se- something called a password manager. The use of Cloud-based services is curity part), and notifying you (aka an I have been using them for years and something that many people are aware alarm) if something bad does happen. they are a huge saver of time while of. But, to some it is a scary propo- If you agree that you can’t do security at the same time providing a greater sition. We as lawyers are possessive better than they can, you should con- level of security for you. My favorite about our clients’ data. No one wants sider moving your client data/systems password manager is called 1Password to have client data compromised. to the Cloud. (1password.com). It increases your However, if you care about security As an added bonus, those companies security by allowing you to quickly and you acknowledge that you can’t do are responsible for maintaining all of generate long, randomly generated security any better than (insert your the hardware and software needed to passwords. It saves time by storing your favorite vendor here), your choices are run those services and backups of the passwords and auto-filling information to 1) remove your clients’ data from data. into web sites. I currently have close all devices that are connected to the According to the Clark School study, to 2,000 pieces of information stored Internet, 2) accept that your data is a great number of attacks come in the in 1Password. It synchronizes between not secure and know that there may form of attempts to guess usernames phones and desktop computers via the be consequences, or 3) embrace the and passwords. The study suggests that Cloud. I can’t imagine keeping track of Cloud and feel more secure, not less. you do not use any of the following as the hundreds of passwords individual- your username: “test,” “guest,” “info,” ly. It just isn’t manageable. STORE DATA IN THE CLOUD “adm,” “mysql,” “user,” “administrator” Standard e-mail is not a secure I advocate for the third option in or "oracle." But the username is only form of communication. Believe it or many cases. Think of Cloud-based part of the equation. not, ordinary e-mail travels through services provided by companies like the Internet with its contents visible. Microsoft, Google and Apple as a We are trusting the companies that

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TrialTrial prepprep primerprimer

on your mama’sBy Hon. Robert J. lapBlink, Senior Judge ou heard your first story as listened to your dad’s silly voices. The trial lawyer is thinking of trial while an infant, whispered by your dinner table was filled with family lore the other is thinking of how to avoid Y mother. You heard about her from Grandpa or Grandma. There it. Once a trial lawyer senses that the day when you awoke from a nap, what were stories at church or synagogue, opponent is seeking to avoid trial, the your father did, about your brother’s cartoons on Saturday morning, movies case is half won. Those who are willing or sister’s day at school. You looked at and tales among your friends. to and relish a trial will always have a bedtime book with bright colors and Stories make us who we are, teach leverage in driving a better settlement. us, give us reason for our feelings, for caring. We are, by nature, creatures of THREE COMPONENTS stories. Storytelling is part of our DNA. Trials have three components: Trial lawyers understand this. They the applicable law, from statute or understand that trying a lawsuit is precedent; the case specific facts; and merely another way to tell a story – a the dictates of human nature. Only client’s story. Storytelling connects us the third is immutable. The other DIGITAL with the jury, binds us together. All of us two change with each case and the are invested in how the story will end. paradigm shifts of social norms. The FORENSICS & Your client’s story is your “theory of successful storyteller uses all three the case.” It begins with the first con- but persuades with the third. The INCIDENT sultation – grows, morphs and evolves first two components are culled from until finally there is a verdict. If you books, texts or written words; the RESPONSE understand this concept and can tell a latter is learned from life and only by story, you can be a trial lawyer. those astute enough to really observe Trial lawyers are natural storytellers mankind. This is because neither law Through our digital forensics service, – yarn spinners. This differentiates nor facts alone have emotion, and we enable clients to make informed them from litigators, who are primarily stories require emotion. decisions about security incidents fact gatherers. While a trial lawyer is The first thing a trial lawyer does to by identifying, preserving, analyzing, skilled in gathering the facts of a case, prepare for trial is develop a theory of and presenting digital evidence. the ability to collect and organize facts the case. The story a trial lawyer tells a does not make you a trial lawyer. jury is the theory of the case. Each fact • Forensic Investigations The moment a trial lawyer meets a in that story, disputed and undisputed, • Forensic Imaging potential client, he or she begins to en- must be accounted for and relevant • Expert Case Review vision what story the jury will be told. to the claim or defense. The story The focus is always on the story and must be logical and believable. Facts how it will play out in the courtroom. unrelated to the story are surplusage Litigators tend to focus on pretrial and should be discarded. By the time fact gathering as an end in itself – as a the client leaves the first meeting, you means of provoking a settlement. Both should have a sense of what the story pratum.com/digital-forensics types of lawyers are working toward a will be – there must be a preliminary resolution, but from the inception, the theory of the case.

THE IOWA LAWYER 16 OCTOBER 2019 Features Trial Prep Primer

Theory development is an evolution- your advocacy to accommodate. This WITNESS PLACEMENT ary process. As the discovery progress- includes the perspective of your client, This rule requires that weak, es, the theory changes or becomes opposing counsel, his or her client, adverse, mundane or foundational more focused. As legal research is com- the witnesses, the judge and, most witnesses are placed between strong pleted and motions heard, the theory important, the “everyman” who sits in or important witnesses. Tedious is refined. But always the context is: the jury box. Skilled trial lawyers end evidence, chain-of-custody testimony, “How will the story sound to a jury?” every day of trial adjusting the course or depositions read into the record The framework for the initial theory of the morrow’s evidence to address should be interrupted by captivating begins with jury instructions. What minor changes in their theory of the witnesses. Presenting lay and expert are the elements of the marshalling case necessitated by that day’s evi- witnesses alternatively helps to main- instruction? What evidentiary in- dence. Most reassess their story after tain a jury’s interest. structions will be used? What are the each witness and, sometimes, after The most effective format of order elements of the defense? each examination. of proof is chronological—presenting The facts of the story become the The skill set for the trial lawyer relies the evidence in a form that follows the flesh on the bones of the instructions. first and foremost on an understand- timeline of the factual story. The best Always develop the case based upon ing of people in general and the trial story starts at the beginning, moves what the closing argument will be. participants in particular. through time and ends at the ending. Summation is the completed story Courtroom storytelling does not Other options include putting the comprised of the pertinent facts mean “wingin’ it.” The best storytellers order of proof in “chapters” based bound together by the law. are not lazy. Great novels, short stories, on nonchronological temporal sets Once the marshalling instructions theater scripts and screenplays are (points in time), groups of certain are identified, the evidence, testimo- not the result of “working on the fly” witnesses, pertinent geographical nial and documentary, is coordinated or “off the cuff.” Great stories are the areas (points in space), differing areas with the respective elements of the result of tireless imagining, crafting of science and so forth. cause or defense. Potential objections of characters and exploration of every Witness coordination is the greatest to each piece of evidence must be an- nuance of the human condition. It is inhibitor of a flowing order of proof. ticipated and an evidentiary response paradoxical but true that great court- This is usually driven by the time formulated. room storytelling looks easy, natural constraints of experts. Whenever and spontaneous precisely because possible, end your order of proof with DEVELOP OPPONENT’S THEORY of the time and effort expended in an expert. In the foundational run-up The second phase of pretrial prepa- developing the story. to their opinion, they can reiterate all ration is developing your opponent’s The evolution of theory develop- the important facts in your story upon theory of the case. After using all the ment is driven by industry. You must which they relied in reaching that facts and basic substantive legal in- read everything about the case, gather opinion. This provides persuasion by structions to craft your client’s closing every document, report, witness repetition combined with recency. argument, take those same facts and statement, record, photograph, People learn and remember best skeletal law and prepare a closing digital exhibit. Every physical exhibit, that which they learn through multiple argument for your opponent. especially the primary instrumental- senses. This is the power of physical “Oppositional theory development” ity, must be handled and examined. exhibits. The order of proof must will highlight the strengths and Every location of significance must be contemplate not only the weaving weaknesses of your case – it will show visited. No other person in the case of strong and weak testimony, but you where to reinforce your theory should know the facts better than of strong and weak exhibits as well. and where to attack your opponent’s. you. Your collection, organization and Absent stipulation, every exhibit Modify your theory accordingly. The prioritization of those facts must lead requires a testimonial sponsor. You hallmark of jurisprudence is the ability to “a good story.” may have to balance the placement of a to see an issue or problem from a Once the theories are formulated, witness’s substantive testimony in light variety of perspectives. For the trial the legal elements identified and the of his or her foundational testimony. lawyer, that means perceiving a story facts of the case coordinated with those Once the theories are developed, from the viewpoint of all the charac- elements, you develop your “order of the evidence determined and the ters, especially the parties. proof.” This is the order in which you order of proof formulated, counsel This theory metamorphosis contin- present your evidence to the jury. should prepare the voir dire, outlines ues throughout the discovery and pre- Certain recognized rules apply to for opening and closing and begin trial process. The essence of successful development of an effective order witness preparation. Create a rough trial work is the anticipation of your of proof. Rule one is primacy and sketch of your opponent’s anticipated opponent’s actions and the refine- recency: Start your case strong and trial components as well. ment of your theory and evidentiary end your case strong. Begin with a The overriding goal should be to responses. It is the ability to see the compelling witness who captures the offer just enough evidence, and no case through the eyes of everyone else jury’s attention or provides the intro- more, to tell the story and meet your involved and to constantly redesign duction to your storyline. elements and evidentiary burden.

THE IOWA LAWYER 17 OCTOBER 2019 Features Trial Prep Primer

Redundancy in testimonial and phys- to view it, sit in the witness chair and should also include transcripts of any ical evidence dulls the jurors’ senses, learn where counsel, the jury, the court depositions taken or pertinent pretrial makes the advocate appear inefficient staff and the judge will be seated. transcripts that might be needed and increases the potential for error in Organization of information for during trial. The exhibits should be the record. trial has been simplified by computers. marked before trial and electronically As trial approaches, focus on But the electronic “trial file” should stored or uploaded as may be required your witnesses. Witness preparation have several basic components: a by the court. requires discussion of the main topics “legal” section and a “factual” section. Seasoned trial lawyers make their of the testimony and the exhibits the The legal section contains all the courtroom work appear effortless. witness will discuss and/or handle. pleadings, motions, briefs, proposed Like all illusions, it rests on the effort It should include a directive to be jury instructions and evidentiary expended before the presentation. truthful, to answer just the question memos for anticipated objections at asked and to pause in the event of trial. Motions for directed verdict or an objection. Proper preparation judgment of acquittal, prepared before also includes discussing anticipated trial, will allow for a better record. cross-examination, especially difficult The factual section of the trial file topics like impeachment and testimony should include a portion concerning harmful to the party who called the jury selection, opening statement, witness. The lawyer who will interro- closing argument and any stipulations. gate the witness at trial should conduct There should be a separate section for Robert J. Blink is a Senior Judge for Judicial District 5C. He served the pretrial witness preparation. each witness, an outline of their direct, as a trial judge for 22 years after If the witness is unfamiliar with or cross, a list of the exhibits they will a 20-year career as a criminal and courtroom procedure, or the court- address, and any case law needed to civil trial lawyer. He has been a room where the case will be tried, he counter anticipated objections during professor of Trial Advocacy at Drake or she should be given an opportunity the testimony. The factual section University Law School since 1981.

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THE IOWA LAWYER 18 OCTOBER 2019 Features Helping Attorneys in Need

By Hugh Grady HELPING ATTORNEYS IN NEED CHECKLIST FOR LAW FIRMS created the National Task Force on person suspected of having a problem. CONTACT ILAP FOR Lawyer Well-Being. Their first report Denial can be an issue for someone CONFIDENTIAL HELP! was released in 2017. who believes he or she must confront a OFFICE: (800) 243-1533 OR (515) 277-3817 This task force developed a Well-Be- partner, colleague, associate or friend. CELL: (515) 360-1668 ing Template for Legal Employers, This is why a proactive policy within EMAIL: [email protected] which serves as a starting point for law the firm benefits everyone. firms to develop their own well-being What follows is a short checklist to THE PROBLEM policy. The template can be found help law firms evaluate their own plan online here: https://www.americanbar. to address such issues. n the late 1970s and early 80s, org/content/dam/aba/administrative/ lawyers were becoming aware lawyer_assistance/well-being-tem- I of issues of alcohol dependence plate-for-legal-employers-final-3-19.pdf and alcohol abuse in the profession. Lawyer assistance programs were CHECKLIST FOR MENTAL HEALTH A number of recovering alcoholic first designed to be reactive. That is, & SUBSTANCE ABUSE DISORDERS lawyers around the country began to we were looking for lawyers who were  Is there a policy regarding substance establish programs and committees to already in trouble through self-report- use, mental health and impairment? help those lawyers. In Iowa, the ISBA ing or referral by other attorneys or formed the Lawyers Helping Lawyers agencies. As knowledge of the issues  Does the policy explain lawyers’ Committee. The emphasis at that time facing lawyers developed, it became ethical obligations relating to their was on lawyers with alcohol dependen- apparent that becoming proactive own or their colleagues’ impairment? cy. Eventually it was determined that was of crucial importance. And law Iowa needed a full-time person to help firms are in a unique position to see  Is there a policy to support time those lawyers. The Iowa Lawyers As- problems developing. Attorneys in off for treatment? sistance Program (ILAP) was started private practice are more isolated  Are there regular communications with Marty Dunn as the first director. and able to hide developing mental about the importance of well-being? The ABA formed an organization health or substance problems. In my called the Commission on lawyers case, I was a solo practitioner and  Do health plans offered to employees assistance programs as an umbrella for could hide my growing addiction and include coverage for mental health all lawyers assistance programs around depression from others. Lawyers as a and substance use disorder treatment? the country. Some small informal profession also have the unique ability, studies were done which began to show from training in law school and the that there were mental health issues nature of the work, to look good even negatively impacting the profession, if they don’t necessarily feel that way. In the November issue of The Iowa so many of these programs expanded Again, this was true in my case. It was Lawyer, I will talk about the concepts their services. The first comprehensive not until clients began complaining of well-being for all attorneys. survey of lawyers was done which in- that the Oregon Attorneys Assistance cluded substance disorders and mental Program began to try and find what health problems. The survey was a was wrong and ultimately intervene. Hugh Grady joint effort of the ABA Commission on There is a tendency to overlook Director, Iowa Lawyers Assistance Program Lawyer Assistance Programs and the what may be a growing problem. It Hazelden/Betty Ford Foundation. can be very difficult to address the The study, released in 2016, surveyed nearly 13,000 practicing lawyers and found 21 percent qualify as problem drinkers, 28 percent struggle with Mediation Attorneys depression and 19 percent reported anxiety. Attorneys with 10 years of practice or less, in private firms, experienced the highest rates of alcohol abuse and depression. THE SOLUTION In recognition of the problems Richard Kirschman Anjela Shutts Diana Miller Tyler Coe Litigation, Business Family Law Family Law Family Law uncovered in the survey, the Com- and Commercial mission on Lawyer Assistance Pro- grams, the National Organization of whitfieldlaw.com Des Moines, Iowa Mt. Pleasant, Iowa Bar Counsel and the Association of 515-288-6041 319-385-9522 Professional Responsibility Lawyers THE IOWA LAWYER 19 OCTOBER 2019 Features Infant Loss

THE ELEPHANT IN THE ROOM Why no one is talking about miscarriage and infant loss in the legal profession By Leah Patton

ctober is pregnancy and infant into the pregnancy. I was devastated. we discovered there was little amniotic loss awareness month. Many I had announced the pregnancy to fluid, which was due to his kidneys O people, including those in the family members but not to anyone else. failing. Then, the worst news came— legal profession, are unaware of this, I felt I had no one to talk to and no our son would not likely survive unless this has directly impacted them. one who could relate, especially since beyond 40 weeks and most likely would What many attorneys do not know I had not made the announcement to be stillborn. Words cannot describe is that pregnancy and infant loss is non-family members that I was preg- what we felt. After going through all common and those in the legal profes- nant. However, at the time, I did not five stages of grief, our only request sion are not immune. According to the think anything was wrong. Pregnancy was that he would survive long enough CDC, over one million pregnancies loss happens every day for a myriad of for us to see and hold him. end in miscarriages, stillbirths and reasons we cannot control. What was Normally, as a baby gets closer to infant losses each year. the chance of it happening again? being born, the baby will turn. Our I am one of those statistics. I have I got pregnant shortly after that and son did not turn and was still breach. experienced both a miscarriage and was excited but guarded. I eagerly but Because he was breach, my doctor did an infant loss. But no one wants to nervously awaited my 20-week ultra- not believe I would go into labor on talk about it, almost as if it is taboo. I sound at the midwife’s office. During my own. Therefore, we scheduled an have been hesitant to talk about it but the ultrasound, something was not induction for Sept. 21, 2012. However, am here to break the silence. We as right. Whispered voices, non-verbal life has a funny way of working out. On attorneys need to start talking about gestures and medical lingo. All I Sept. 17, 2012, I started to go into labor it and helping each other in terms of remember are words like “there is fluid on my own and gave birth to my son understanding, educating, sympathiz- around the brain,” “the baby is smaller breach on Sept. 18, 2012, after almost ing, empathizing and healing. than should be” and “something was thirty-six hours of labor. He was At the time of my miscarriage, I wrong with the baby’s heart.” We left in born alive. worked at the Public Defender’s Office a daze. This is not supposed to happen It was bittersweet—sweet because in Des Moines as an assistant public like this and not to us. we finally got to see and hold him but defender representing clients in rocket We were referred to a specialist in bitter knowing he was going to pass docket, which is a high-volume, high- Des Moines—a perinatologist who away and there was nothing that could stress job. For those who do not know, specializes in high-risk pregnancies. be done medically to save him, consid- rocket docket in my world consisted At the first appointment, another ering the multiple medical conditions Leah Patton pictured with of representing clients charged with ultrasound was done, an amniocentesis and diagnoses he had. He was small her son Parker driving offenses—operating while was conducted and genetic testing was but beautiful. He had a nose like his right after he was born. intoxicated, driving while done. After waiting, genetic testing grandfather’s. We named him Parker barred, driving while finally came back—the baby, who was Stanley after Stan Lee, the famous revoked and com- a boy, had birth defects. One word comic book writer, and Peter Parker, panion offenses. described what I felt; shock. Why was the alter ego of Spiderman. During I also handled this happening and to me? Did I do his ultrasounds, Parker looked like several jury something wrong to deserve this? Spiderman, and Parker really was our trials. I was I must have done something to hero—our own version of Spiderman. married deserve this. For those who knew him, he taught and At the time, we discussed our us so much—how delicate, fleeting, had a options and decided the right thing fragile and beautiful life is. He passed daughter for our family was to continue with the away in my arms about an hour after who was pregnancy, understanding we would he was born. a healthy be raising a child with special needs No one should have to plan funeral and that would not fully be known until arrangements for a child—let alone happy he was born. We researched, prepared an infant son. No one teaches you how three-year- and spoke with as many people as to do this, and law school does not old at the we could. prepare you for this. Fortunately for time. During the pregnancy, we continued us, we had a hospice team to provide I got preg- to see a perinatologist and had regular support during and after the pregnan- nant and had a ultrasounds to see how our son was cy, as well as a caring and professional miscarriage about doing. Things took a turn for the funeral home who assisted with the eight to 10 weeks worse when at the 30-week ultrasound, arrangements. I was fortunate to

THE IOWA LAWYER 20 OCTOBER 2019 Features Infant Loss

have co-workers, friends and acquain- On this day each year, I wish I could One of them is the tances who stood by us and helped say that I hold it all together. Each year International Wave of us through. It was difficult because leading up to and during that day, I Light, which consists sometimes people do not know what to am on an emotional rollercoaster. If of lighting a candle on say. To this day, this is still the case. you noticed but did not know why, now October 15 at 7 p.m. On Sept. 18, my son would have you know. And, yes, it is better to say Keep your candle lit for turned seven and would have started something than nothing at all even one hour to create a wave first grade. Each year on his birthday, if the words are not perfect or if you of light over all time zones we remember and celebrate Parker don’t know exactly what to say. across the entire globe. and his short but inspiring time with If you are an attorney reading this Many cities also organize us. We buy a bouquet and you have experienced pregnancy remembrance walks during of flowers and or infant loss, tell someone. If you are the month of October. a balloon reading this and you know an attorney Or, do whatever brings bouquet. We who has experienced pregnancy or you comfort and peace— ABOVE: Parker's ultrasound photo. write loving infant loss, talk to that person about whether you do so alone LEFT: Ian (Patton's son born after Parker), Josh (Patton's husband) and notes to it. We must share our stories. It is or with others who have Zoe (Patton's daughter) are pictured him and through the sharing that we heal and experienced a similar loss. at the most recent balloon release. attach find hope, comfort and peace. There them is nothing to be ashamed of, and I am to the here to tell you that you did not do Leah Patton is the Managing Attorney balloons, anything wrong. You are not alone, for the HELP Regional Office of Iowa Legal Aid in Davenport. Leah is licensed releasing and other people are going through to practice law in Iowa and Illinois. the balloons something similar. No one should She has a breadth of legal experience, at sunset. suffer alone. including two judicial law clerkships, the We also light Remember that October is pregnan- public defender office, non-profits and a candle in cy and infant loss awareness month. private practice. This article reflects the remembrance. There are many ways to remember. opinion of the author only.

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THE IOWA LAWYER 21 OCTOBER 2019 Columns Disciplinary Opinions

These summaries were adapted from Iowa Supreme Court DISCIPLINARY OPINIONS opinions that can be read in full on iowacourts.gov. CASE NO. 19-0712: IOWA SUPREME to the Iowa bar that same year. He multiple violations of the Iowa Rules CT. ATTORNEY DISCIPLINARY BD. V. maintained a solo private practice in of Professional Conduct. A division of JOHNATHAN LEE SEARS (FILED SEPT. 6) Grinnell. This disciplinary proceeding the Iowa Supreme Court Grievance concerns Earley’s representation of two Commission found the board proved The Iowa Supreme Court Attorney different clients in which he received some of the alleged violations and rec- Disciplinary Board charged Iowa retainers to handle family law matters, ommended a 30-day suspension. The attorney Johnathan Sears (partner at did essentially no work on those Supreme Court agreed that the board Clark & Sears Law, admitted to the matters and used the funds instead for proved some of the alleged violations bar in September 2017) with violations personal purposes. related to communication, respon- of Iowa Rule of Professional Conduct On Sept. 11, 2018, Earley’s license siveness and reasonable diligence in 32:8.4(b) (commission of a criminal was suspended for failing to comply representing a client, failing to abide act) in connection with convictions for with client security and continuing by client’s objectives of the represen- operating while intoxicated (OWI), legal education requirements. Approx- tation, violations of fairness require- domestic abuse assault causing bodily imately two months later, on Dec. 7, ments to opposing party and counsel, injury and several instances of violat- the Disciplinary Board filed a com- and engaging in conduct prejudicial ing a no-contact order. After a hearing, plaint against Earley alleging ethical to the administration of justice, but the Iowa Supreme Court Grievance violations arising out of Earley’s rep- instead ruled to publicly reprimand Commission found the alleged viola- resentation of the two clients. Earley Noel. In February 2019, his law license tions had occurred and recommended violated numerous rules of profession- was suspended for at least one year the attorney be suspended for one year al conduct, including violating proper because of unethical billing practices without the possibility of early rein- trust account practices and misappro- with the state public defender between statement. Upon the Iowa Supreme priating client funds. His license was 2008 and 2014, but this ruling was not Court’s review, the court concluded revoked by the Supreme Court, but he considered an aggravating factor in the attorney violated rule 32:8.4(b) can reapply after five years. this present case. and ordered that his license be suspended indefinitely with no possibility CASE NO. 19-0661: IOWA SUPREME CASE NO. 19-0360: IOWA SUPREME of reinstatement for two years. CT. ATTORNEY DISCIPLINARY BD. V. COURT ATTORNEY DISCIPLINARY BD. V. MATTHEW L. NOEL (FILED SEPT. 6) CURTIS W. DEN BESTE (FILED SEPT. 13) CASE NO. 19-0662: IOWA SUPREME CT. The Iowa Supreme Court Attorney This case came to the Supreme ATTORNEY DISCIPLINARY BD V. Disciplinary Board filed a complaint Court on review from a report and KYLE L. EARLEY(FILED SEPT. 6) against Matthew L. Noel (admitted to recommendation of a division of the Kyle Earley graduated from law the practice of law in 2008 and prac- Iowa Supreme Court Grievance Com- school in 2017 and was admitted ticing at the Noel Law Firm) alleging mission. The report found Curtis Den Beste (an Iowa attorney who received his license in 2000 and was working at Howes Law Firm, P.C. in Linn County) committed ethical violations and recommended a four-month suspension of his license to practice law. The Supreme Court found that Den Beste violated the Iowa Rules of Professional Conduct by engaging in criminal conduct involving theft from his employer (a total of $9,200) and suspended his license to practice law in Iowa indefinitely with no possibility of reinstatement for four months.

THE IOWA LAWYER 22 OCTOBER 2019 Columns In Memoriam

IN MEMORIAM Neva M. Rettig Baker, 58, of Muscatine, died August 7. ombudsman and labor relations specialist. After retirement, Baker was born in 1961 in Des Moines, and received her Tacker followed his dream and became an attorney, working J.D. from the University of Iowa College of Law in 1987. She as vice president and corporate general counsel for Charles F. served as the director of Muscatine Legal Services which led Day and Associates LLC in Davenport. to the start of her private law practice, Baker Law Office. She Dick N. Winders, 73, of Ormond Beach, Florida, died April also had served as county magistrate since 1997. 5. Winders was born in Milwaukee in 1945. He served in the Dale P. Repass, 70, of Dubuque, died July 11. Repass was Iowa Army National Guard and received his J.D. from Drake born in Waterloo in 1948. He received his J.D. from Drake University Law School in 1970. Winders began his law career University Law School in 1974. Repass devoted over 40 years in the Office of the Attorney General for the State of Iowa to the financial services industry, having been involved in in 1970, during which time he rose to the rank of assistant all phases of banking and trust services. He served in many attorney general. In 1977 he joined a firm in Jefferson, before positions, including senior lender, trust department manager joining the Des Moines firm of Herrick, Langdon and Langdon and president/CEO/chairman of two mercantile banks (now in 1980 where he worked for over 25 years. US Bank) located in Clinton and Dubuque. In 2001, Repass Larry Stoller, 63, of Spirit Lake, died July 24. Stoller was co-founded First Community Trust, N.A. where he served as born in Spirit Lake in 1956. He received his J.D. from chairman and CEO for 14 years. Creighton University School of Law in 1980. Stoller was a John A. Tacker, 66, of Andalusia, Illinois, died July 1. Tacker partner in the firms of Stoller and Larson, Stoller and Johnson was born in Moline, Illinois, in 1953, and received his M.L. and a sole practitioner later in his career. In addition, he was from St. Thomas University School of Law. He retired from an adjunct professor of legal studies at Buena Vista University the Rock Island Arsenal after a long career as a command in Storm Lake.

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Tax Penalties and Notices Top 10 Probate Topics on Engage Christopher Nuss and Cynthia Lande Michel Nelson and Christine Halbrook iowabar.org/taxschool

THE IOWA LAWYER 23 OCTOBER 2019 KUDOS

FORMER IOWA JUDGE INDUCTED INTO IOWA WOMEN'S HALL OF FAME Former 5th Judicial District Associate assistant vice president to a large local was her dedication, her mental acuity and Probate Judge Ruth Klotz, who retired in bank. In 1978, she was appointed as pro- warm disposition which was admired. 2013 at the age of 90, is among four Iowa bate referee for the 5th Judicial District, Further, she actively mentored interns women who were inducted into the Iowa and eventually became associate judge and law clerks to encourage Women's Hall of Fame. for probate. Throughout her 34 years on the next generation of Judge Klotz graduated from Drake Law the bench, she sponsored judicial interns lawyers and judges.” School in 1955 as the only female grad- and was an instructor at Drake Law The Iowa Commis- uate that year. Just prior to graduation, School. sion on the Status of she was suddenly widowed while eight “In a time when men dominated the Women established months pregnant, but she still managed legal field, (Ruth) became the first pro- the Iowa Women's Hall to graduate on time and at the top of bate judge in the state of Iowa in 1978,” of Fame in 1975. As of her class. While in law school, she was said nominator Celene Gogerty. “To have 2019, 180 women will elected to the Order of the Coif and was such a role model and mentor opened have been inducted. the assistant editor for the Drake Law many women to the possibility of law and The latest induction Review. the judiciary as an intended profession. ceremony was Klotz served as special counsel to the However, it was more than just her held on Saturday, Iowa Department of Revenue, worked in unique status as a female judge which Aug. 24. private practice and as a trust officer and made her stand out among her peers. It

DRAKE DEAN ELECTED TO ACOEL recognized by their peers as preeminent in their field. Drake University Law School Dean ACOEL members are dedicated to: Jerry Anderson has been elected to the maintaining and improving the ethical American College of Environmental Law- practice of environmental law; the admin- yers (ACOEL), a professional association istration of justice; and the development of distinguished lawyers who practice of environmental law at both the state in the field of environmental law. Mem- and federal level. bership is by invitation and members are

NEW COURT OF APPEALS JUDGE APPOINTED Gov. Kim Reynolds announced her attorney for Crawford County and an assistant appointment of Julie Schumacher as a city attorney for Denison. She also engaged judge of the Iowa Court of Appeals. in the private practice of law in Denison for Mediations and Arbitrations Schumacher, of Schleswig, previously nearly 20 years. served as a district court judge in District Schumacher fills the vacancy created by Jeffrey A. Boehlert 3B. Before that, she served as a district the retirement of Iowa Court of Appeals Chief associate judge, an assistant county Judge Gayle Nelson Vogel of Spirit Lake. Personal injury, employment claims, business and commercial disputes Member, American Academy of ADR Attorneys, AV Rated, over 35 years of litigation experience LETTER TO THE EDITOR Dear Editor, Though I am long retired, I much appreciated and enjoyed the lead article in the August Iowa Patrick V. Waldron Lawyer – “Advice from the Bench.” I thought the judge’s comments were smart and on-point, and every thinking lawyer ought to pay close attention! Specializing in workers’ compensation I would like to add one other piece of advice, however. And, not from the bench, but from the and civil litigation jury room! During my career in Washington D.C., lawyers were not exempt from jury duty, and Member of American Academy of ADR Attorneys, I was called several times. The last time I served was for a criminal trial - possession of crack AV Rated, over 20 years of civil litigation and cocaine. There were three lawyers on the jury, and I was elected foreman. workers’ compensation experience There were racial overtones to the trial – African American defendant and defense counsel, and white prosecutor and principal witness (the arresting officer). The jury included a majority of older African American women, and they were NOT sympathetic to the defendant. It was a straight-forward possession case and should have been simple to decide, but we had one hold-out juror who Gregory A. Witke insisted there was no probable cause for the search, even though the judge had instructed us that there was. And the police officer angered most of the jurors with his attitude on the witness All types of civil litigation stand. It took three days of deliberation, and an increasingly stern and impatient judge, before we Member of International Academy of reached a unanimous verdict. Dispute Resolution, AV rated with 30 years At the close of the trial, after the verdict was read, the judge spoke to me and said, “You are of litigation experience under no obligation to do so, but both the defense counsel and the Assistant U.S. Attorney would very much like to speak to you and find out what happened in the jury room.” I agreed and met with them both. This is what I told them: “When you prep your witnesses, caution them to be courteous, attentive and responsive – to BOTH counsels! The white policeman was curt, rude and disrespectful – especially to the African 515-283-2147 American defense attorney, and his attitude came across as arrogant and racist. It offended 505 Fifth Avenue, Suite 729 even the jurors who were certain the defendant was guilty and prompted lots of discussion as to Des Moines, IA 50309 whether there were racist motivations in the prosecution. Had not the physical evidence been so obvious and clear, I’m not sure I could have secured a unanimous verdict.” www.pattersonfirm.com Both thanked me and said that was advice that should always be followed when prepping witnesses for trial. I hope this will be of use to your readers. Sincerely, Darrell L. Netherton

THE IOWA LAWYER 24 OCTOBER 2019 Features BOG Fall Quarterly Meeting ISBA BOARD OF GOVERNORS FALL QUARTERLY MEETING BOG TAKES ACTION TO APPROVE POLICIES AND LEGISLATION AT MEETING ON SEPT. 23 Special thanks to Maura Sailer and Jim Daane, District 3B, for their contributions to this summary

ACTIONS • Amendment to the ISBA’s Bylaws to the reconstitution of the Fair and Resolution approved by the address the procedure to be followed Impartial Courts Committee in ISBA Board of Governors: for officer and American Bar Asso- preparation for the 2020 retention • Support of state funding for Civil ciation delegate nominations and to election. Boyd gave a presentation on Legal Services recommended by the include descriptions for the newly the national trend to license new types Legal Access Committee. created Well-Being Committee and of legal professionals, stating that the ISBA Section recommendations for Innovations Committee recommend- ISBA will need to determine its role in the 2020 ISBA Affirmative Legislative ed by the Scope and Correlations this trend. Program were approved as follows: Committee. Legislative Counsel’s Report Business Law RR_2017.pdf 1 1/6/17• Submitting 7:26 PM a request to the Iowa ISBA Legislative Counsel Jim Carney • Proposal to amend the Iowa Uniform Supreme Court for a 90-day exten- highlighted opportunities/priorities/ Protective Series Act to add section sion of the comment period on the potential legislation for the upcoming 489.14801 to correct an inadvertent proposed amendments to Iowa Rules session including: caps on damages, omission by the Legislative Services of Professional Conduct. civil justice reform, funding for legal Agency when SF569 was drafted; this • Establishment of a committee to services, indigent defense, the Judicial language was approved as a part of consider the proposed amendments to Branch budget, jury nullification, the ISBA’s 2019 Affirmative Legislative the Iowa Rules of Professional Conduct opposition to legalization of title Agenda. and to report back to the Board of Gov- insurance, full funding for the Office • Proposal to harmonize Iowa Code ernors at its December 2019 meeting. of the Public Guardian, support and sections related to the effective date of • Adoption of the following policies: (1) funding for child abuse prevention resignation by a registered agent of a Policy on the Process for Determining and treatment efforts, and opposition corporation and other business entities Compensation; (2) Policy on Evalua- to absolute immunity legislation. The with the Model Business Corporation tion of the Executive Director; and (3) ISBA BOG will review position papers Act (4th Edition 2016). Senior Leadership Succession Policy. for legislative priorities at the Decem- Probate, Trust & Estate Planning • Distribution of the Client File ber meeting. • Proposal to amend HF610 and Retention Guide submitted by the Other potential issues that were HF591 subject to receipt of no objec- Record Retention Small Group to the identified for the upcoming legislative tion by either the Elder Law Section or ISBA membership, and authorization session include judicial branch security the Family Law Section; the Elder Law for the officers and staff to make any issues, the judicial nominating process, Section and Family Law Section are necessary revisions for the finalization supermajority, judicial statewide and/ requested to provide comments to the of the guide. or district residency requirements, and Probate, Trust, and Estate Planning litigation centers. Additional potential Section no later than Oct. 7. REPORTS issues identified include tort reform Construction Law President’s Report and title insurance/title guarantee. • Legislation regarding the enforce- ISBA President Bill Boyd The ISBA’s legislative team reported ability of mechanic’s liens against highlighted items from Administrative on the FY2020 budget and upcoming homesteads that supports the intent of Committee discussions including October and December Revenue SF458 and the current House Judiciary Board Governance, the ISBA Estimating Conference meetings. ISBA Committee amendment to SF458, Grassroots Advocacy Network and Assistant Legislative Counsel Doug subject to no objection by either the Commercial and Bankruptcy Law Section or the Real Estate and Title Law Section. Additional actions approved: • Appointment of Karen Shaff to the Iowa Legal Aid Board of Directors. • Appointments of Eric Turner and Arnold “Skip” Kenyon III to The Iowa State Bar Foundation Board of Directors. • Appointments of Jane Lorentzen and Loretta Harvey to the LawPAC Board of Directors.

THE IOWA LAWYER 25 OCTOBER 2019

2017 R&R proof.indd 1 1/6/17 7:32 PM Features BOG Fall Quarterly Meeting

Struyk stated that it is currently antici- ISBA BOG SMALL GROUP REPORTS Member Services/Benefits pated there will be an estimated $250- Strategic Planning Dawn Boucher and Nathan Overberg 200 million in cash reserve funds. Hon. Henry Hamilton III and Kate Kohorst The Member Services/Benefits group YLD President’s Report The Strategic Planning group is evaluating the recent ISBA member- YLD President Abhay Nadipuram engaged the BOG in a discussion of the ship survey and identifying opportuni- provided the BOG with an update on strengths, weaknesses, opportunities ties for its work this year. accomplishments including the kickoff and threats identified in the SWOT Dialogue with Iowa Supreme Court of the ISBA YLD and Law School Analysis and offered preliminary Chief Justice Mark Cady Transparency’s Blue Sky Initiative on priorities based on the analysis. Iowa Supreme Court Chief Justice Aug. 8 at the ABA Annual Meeting Legislative Mark Cady highlighted the proposed in San Francisco. He also highlight- Joe Happe and Adam Zenor amendments to the Iowa Rules of Profes- ed resources developed by the YLD The Legislative group plans to sional Conduct that the Iowa Supreme Parental Leave Task Force that will be review possible ways that the ISBA Court is currently considering (and shared with all ISBA members this fall. Grassroots Advocacy Network and seeking public comment on) including: In addition, he reported on the YLD’s LawPAC may be strengthened. • 32:3.8 (Special Responsibilities Diversity Committee, the mentoring Access to Justice of a Prosecutor) ISBA Ethics Committee Chair program, and the YLD’s Health and Heather Prendergast and Maura Sailer • 32:5.5 (Unauthorized Practice of Law; Nick Critelli Wellness Taskforce. The Access to Justice group is Multi-jurisdictional Practice of Law) gives his report. Executive Director’s Report identifying opportunities for the ISBA • 32:7.1 (Communications Concerning ISBA Executive Director to have a positive impact based in part a Lawyer's Services) Dwight Dinkla and Assistant on the information contained in the • 32:7.2 (formerly, Advertising) Executive Director Harry Iowa Access to Justice Commission’s • 32:7.3 (Solicitation of Clients) Shipley provided governors 2019 report. • 32:7.4 (formerly, Communication of with highlights from a Rural Practice Fields of Practice and specialization) "SWOT" Analysis. The ISBA Matt Berry and Robert Fischer • 32:7.5 (formerly, Firm Names executive staff also provided The Rural Practice group discussed and Letterheads) an update on membership their review of the benefits and • 32:8.4 (Misconduct) counts for the past fiscal challenges to practicing in rural Iowa • 32:8.5 (Disciplinary Authority; Choice year and upcoming travel and the upcoming issue of The Iowa of Law) planned throughout the Lawyer magazine that will have a series Chief Justice Cady is current president state to meet with county of articles on rural practice. of the Conference of Chief Justices and bar associations. chair of the National Center for State Courts Board of Directors. He com- mented on efforts to promote trust and confidence in the court system. Ethics Committee Report ISBA Ethics and Practice Guidelines Attention Iowa Litigators Committee Chair Nick Critelli recently hosted a webinar on the nine proposed amendments to the Iowa Rules of Profes- sional Conduct that the Iowa Supreme Court is currently considering. Over 1,000 attorneys participated. ABA Delegate Report ABA Delegate David L. Brown provided highlights from the ABA Annual Meeting including the presentation of the association’s highest honor, the ABA Medal, to San Francisco attorney Dale Minami, a lifelong champion of the civil rights of Asian Pacific Americans and other minorities. New YLD ABA Delegate Kay Oskvig also reported on resolutions brought forth by the House of Delegates of importance to younger www.IowaMediators.org attorneys.

THE IOWA LAWYER 26 OCTOBER 2019 Highlights Employment Law Case Update Rick Autry, Employment Appeal Board Artificial Intelligence: Coming to an Employment Setting Near You Judge Helen Adams, U.S. District Court, Southern District of Iowa Employment Jury Instructions Update Paige Fiedler, Fiedler Law Firm PLC Update on Marijuana Laws and the ADA Terri Davis, Shuttleworth & Ingersoll PLC Labor Law Update Charlie Gribble, Parrish Kruidenier Employment Practices Liability Insurance and Ethics Kim Geisler, Scott Dukes & Geisler PC and Stephanie Gironda, Wilentz, Goldman & Spitzer, P.A. False Claims Act and qui tam Whistleblower Issues Jacob Schunk, Civil Chief of the U.S. Attorney’s Office, Northern District of Iowa

Early-bird registration now available Columns Classifieds

POSITIONS AVAILABLE Employment/Labor Law Attorney – Germaine businesses and nonprofits in underserved Staff attorney positions in other Iowa Legal Law Firm PLLC, Cedar Rapids – We are communities in Polk County that are not able to Aid regional offices may open as the year looking for a top quality attorney with 4+ years afford retained counsel. Applications (including progresses. To apply, visit https://careers. of Employment/Labor Law experience who a letter of interest, a complete CV, teaching iowabar.org/jobs/12793462/staff-attorney. believes in excellence, innovation, teamwork evaluations [if available] and the names and Health Associate – Dorsey & Whitney, LLP, and doing law differently. We are accepting addresses of at least three references) should Des Moines – Dorsey & Whitney LLP is seeking applicants from across the Midwest. Please be sent to Professor Ellen Yee, chair, Faculty a highly-motivated healthcare associate with send your resume and cover letter to careers@ Appointments Committee, Drake University one to four years of experience to join a very germainelawfirm.com. The subject line of Law School, 2507 University Ave., Des Moines, busy practice in the Health Care group in your email must be: Employment/Labor Law 50311 or e-mail: [email protected]. our Des Moines office. The position will focus Attorney Application. In your cover letter, Litigation Attorney – Pugh Hagan Prahm on transactions and regulatory compliance please describe your multi-employer benefit PLC, Coralville – Pugh Hagan Prahm PLC, a healthcare work (e.g., drafting and negotiating fund and/or employment/labor law experience, boutique AV-rated law firm located in Iowa City/ contracts, Medicare and Medicaid compliance your salary history and salary requirements. Coralville, seeks a highly-qualified litigator advice and HIPAA advice). Dorsey & Whitney Director of the Entrepreneurial/Transactional with at least three years' of experience and a LLP accepts online applications at http:// Law Clinic and Clinician in Residence – Drake portable book of business to join its litigation www.dorsey.com/attorneyjobs. We do not University Law School, Des Moines – Drake practice. Our growing law firm offers a highly accept application materials by mail or email University Law School invites applications for professional, vibrant and family-oriented except as a reasonable accommodation for the position of Director of the Entrepreneurial/ work environment. All inquiries are strictly qualified disabled applicants. Individuals Transactional Law Clinic. The position may confidential. Qualified applicants should submit who are unable to use our online process due begin as early as January 2020 and continue a cover letter and resume to our office manager, to a disability should call 612-492-5186. until June 2021. Term renewal is possible, de- DeLisa Baker ([email protected]). Associate Attorney – Schnell & Hancock, P.C., pending on continued financial support. Duties Staff Attorney – Iowa Legal Aid, Des Moines, Davenport – Schnell & Hancock, P.C. is seeking will include supervising and assessing clinic – Iowa Legal Aid has staff attorney openings an associate attorney to practice in the areas of students representing nonprofit organizations CLASSIFIEDS in its regional offices located in Cedar Rapids, estate planning, probate and trust administra- and emerging entrepreneurs. They also include Davenport, Des Moines, Dubuque, Mason tion, real estate, tax, business formation and teaching a weekly seminar for clinic students. City, Ottumwa, Sioux City and Waterloo. business transactions. Strong tax or accounting The clinic primarily focuses on assisting startup

ISBA CLE CALENDAR iowabar.org/calendar

OCT. 18 OCT. 22 OCT. 24-25 Welcome to the Bar Ethical IP Considerations Family Law Seminar In-person or Live Webinar when Working with West Des Moines Foreign Counsel Marriott Live Webinar

OCT. 29 NOV. 4 NOV. 13 NOV. 14 The Pillars of OWIs What’s New with the The Future of Schools in Session Live Webinar Indian Child Welfare Act? Child Welfare Law Live Webinar In-person or Live Webinar Live Webinar

NOV. 18 NOV. 19 NOV. 20 NOV. 21 Dealing with Digital Mediation Ethics: Trademark Law Update Shifting Landscapes: Assets: What Estate Stories From the Trenches Live Webinar Adapting Your Firm to Planners Need to Know Live Webinar Emerging Threats Live Webinar Live Webinar

Oct. 24-25 | West Des Moines Marriott THE IOWA LAWYER 28 OCTOBER 2019 Family Law Seminar 15 state, 3 ethics and 4.25 juvenile CLE hours TRANSITIONSTRANSITIONS Julie L. Spieker has joined McKee, Voorhees & Sease PLC in Des Moines as an intellectual property attorney in the biotechnology & chemical and mechanical & electrical practice areas. She received background is beneficial; experience preferred PERSONAL her J.D. from Drake University Law School in 2019. but not required. Please submit a cover letter, resume, unofficial transcript and writing sample If depression, stress, alcohol SPIEKER to [email protected]. Please upload all or drugs are a problem for Drew Powell has joined Simmons Perrine Moyer required documents as PDF attachments. you, we can help. We are a non-profit corporation Bergman PLC in Cedar Rapids as an associate. Staff Attorney – Waterloo Community Schools offering attorneys free help He received his J.D. from the University of Iowa Project – Iowa Legal Aid, Waterloo – Iowa Legal in a totally confidential College of Law in 2018. Powell is a litigation Aid is seeking an energetic and creative attorney relationship. We are the attorney with a general practice including business to join our new Waterloo Community Schools Iowa Lawyers Assistance and commercial litigation and bankruptcy law. Project. Iowa Legal Aid has a staff attorney Program. Under order of opening in its Waterloo Regional Office. The POWELL the Iowa Supreme Court, all attorney will have principal responsibility for Jordan Christensen was promoted to associate communication with us is working in conjunction with the executive attorney at Hupy and Abraham in West Des Moines. privileged and private. Our director and other staff to establish a new She first joined the firm as a law clerk in May director is a former lawyer, program with the Waterloo Public Schools, 2019. She received her J.D. from the University of and a recovering alcoholic including the establishment of a new legal aid Iowa College of Law. Christensen’s primary focus and drug addict. He is a clinic on site in an elementary school in the will be helping injured clients through workers’ trained substance abuse Waterloo School District. To apply, visit https:// compensation cases. counselor. We cannot help careers.iowabar.org/jobs/12822318/staff-at- CHRISTENSEN unless you call – 515-277-3817 torney-waterloo-community-schools-project. or 800-243-1533 – or message Director, Center for Writing and Academic (in confidence) help@ Benjamin K. Lynch has joined Home Services of Excellence – University of Iowa College of Law, iowalap.org. All you have to Iowa in West Des Moines as in-house counsel. Iowa City – This full-time 10-month perma- do is ask us to contact you. No He graduated with honors from Drake University nent position provides one-on-one help to law other details are necessary. Law School. students so they can develop the skills and We will call you. The Iowa strategies they need to be successful in both Lawyers Assistance Program LYNCH also can provide speakers professional and academic settings. The position Andrea Rastelli has joined the Dickinson Law Firm for local bar associations. will be filled no earlier than April 1, 2020. To as an associate. Rastelli is a recent graduate of the apply, candidates should submit a cover-letter University of Iowa College of Law and holds a B.A. and resume through Jobs@UIOWA, https:// in International Relations and Latin American Studies jobs.uiowa.edu, refer to Requisition #19004026. from Lafayette College in Easton, Pennsylvania. Health Attorney – Dorsey & Whitney, LLP, Des She will be focused on providing banking solutions, Moines – Dorsey & Whitney LLP is seeking including cybersecurity, intellectual property, and a a highly-motivated healthcare attorney with variety of employment and labor issues. five or more years of experience to join a very RASTELLI busy practice in the Health Care group in Allison M. Goertz has joined Honohan, Epley, our Des Moines office. The position will focus Braddock and Brenneman, LLP in Iowa City as an on transactions and regulatory compliance associate. She received her J.D. from the University healthcare work (e.g., managing all or aspects of Iowa College of Law. Her practice will focus on of health care transactions, advising health estate planning and probate, real estate, elder law, care providers and companies on fraud and and tax. abuse and privacy matters, and supervising large research projects on state and federal laws GOERTZ impacting the health care industry). Dorsey & Whitney LLP accepts online applications at http://www.dorsey.com/attorneyjobs. We do not accept application materials by mail or email except as a reasonable accommodation for qualified disabled applicants. Individuals who are unable to use our online process due to a disability should call 612-492-5186. SPACE AVAILABLE Office space available for a one-year lease with an option to renew. Three available offices: two are 10' x 14' and one is 10' x 11' Rent includes full use of a conference room with seating for eight, learning center with seating for 26 people, a receptionist to direct calls and a kitchen. Please email [email protected] for additional information or to request a rental application.

THE IOWA LAWYER 29 OCTOBER 2019 Columns Spotlight on Service

SPOTLIGHT ON SERVICE The ISBA Public Relations Committee honors an Iowa attorney or group of attorneys each month in this special feature in The Iowa Lawyer. If you would like to nominate someone to be recognized for his or her work in the community, please contact: Melissa Higgins, [email protected]

PHIL BURIAN AND SIMMONS PERRINE MOYER BERGMAN PLC

The “Simmons Sweepers” (left to right): Joe Porter, Abe Carls, Phil Burian, Rebekah Jalilian-Nosraty and Madison Schroeder.

ou usually see attorneys pushing and Rebekah Jalilian-Nosraty. stacks of files around on their Phil Burian is a litigator at SPMB Y desks, not sliding stones across and the president of Cedar Rapids sheets of ice. But a good cause brought Curling. He teamed up with the some Cedar Rapids area attorneys out United Way of East Central Iowa to of their comfort zone and onto the ice start the event three years ago. Burian rink to do just that. noted that “Curling is a perfect match On Friday, Aug. 9, the United Way for the United Way because it insists of East Central Iowa and Cedar Rapids on teamwork and civility, and it allows Curling hosted “Sweeping for Change” people with dramatically different at the Cedar Rapids Ice Arena. Teams physical capabilities to compete in the from area businesses spent the day same game while building relation- learning about the sport of curling, ships with each other.” competing for a traveling trophy and The United Way of East Central Iowa raising thousands of dollars for the focuses on the education, financial United Way. stability and health of Iowans in the Simmons Perrine Moyer Bergman communities it serves by focusing on PLC (SPMB) sponsors the annual breaking the cycle of poverty and cre- event. The firm’s team, the “Simmons ating stronger communities through Sweepers,” finished in 4th place. Team innovative solutions. The “Sweeping members included attorneys Abe Carls for Change” tournament is a unique and Crystal Pound and summer asso- annual fundraiser that serves to keep ciates Joe Porter, Madison Schroeder its mission going.

THE IOWA LAWYER 30 OCTOBER 2019 Paper checks are notoriously unreliable. They get lost in the mail, they get tossed in the laundry, and they carry a lot of sensitive information around with them wherever they go. LawPay changes all of that. Give your clients the flexibility to pay you from anywhere, anytime. Proud Member Most importantly, we ensure you stay in Benefit Provider compliance with ABA and IOLTA guidelines.

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