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IOWA LAWYER CONTENTS Volume 67 Number 2 February 2007 President’S Letter: Lead by Example Apply for 2007-08 ISBA Published at 521 East Locust – Beatty

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IOWA LAWYER CONTENTS Volume 67 Number 2 February 2007 President’S Letter: Lead by Example Apply for 2007-08 ISBA Published at 521 East Locust – Beatty IOWAIOWATHE LAWYER LAWYERVolume 67 Number 12 February 2007 Meet this year’s lawyer-legislators Bios on page 5 ALSO IN THIS ISSUE – Chief Justice addresses legislators in State of Judiciary address – Retiring Legal Aid attorney compares 30 years ago with now – High School Mock Traial coming soon – Poisons and antidotes in a legal career – Fundraising campaign off to good start THE IOWA LAWYER CONTENTS Volume 67 Number 2 February 2007 President’s letter: Lead by example Apply for 2007-08 ISBA Published at 521 East Locust – Beatty . 4 committees/sections . 25 Des Moines, Iowa 50309 Steve Boeckman, Editor Meet this year’s lawyer-legislators . 5 Around the Bar: Notice to real 515-243-3179 estate attorneys . 25 Admission on motion . 7 Section application form. 26 Fundraising campaign off to good start . 9 Committee application form . 27 State of the Judiciary address focuses on children . 11 Transitions . 28 THE IOWA STATE BAR ASSOCIATION OFFICERS 2004-2005 High School Mock Trial coming soon . 13 Leadership Circle . 29 President, Marion Beatty Legislative report: Officers push priorities Changing practice of poverty law President-elect, Joel Greer – Carney . 14 – Huston . 30 Vice President, Dan Moore Immediate Past President, J. C. Salvo How to contact your legislator . 15 Achieving fulfillment, balance in legal career Executive Director, Dwight Dinkla – Waterman . 32 YLD President’s letter: Engaging THE IOWA LAWYER high school students – Chase . 16 Classifieds . 35 (ISSN 1052-5327) is published monthly by The Iowa State Bar Association, 521 East Locust, Des Moines, Iowa 50309. CLE courses. Centerspread Lawyer by day, runner by night Subscription included in membership fee. Non-members, – Boeckman . 37 $30 per year. Periodicals postage paid at Des Moines, Iowa. Postmaster: Send address changes to The Iowa Lawyer, 521 East Locust, Des Moines, IA 50309. The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave., ABOUT THE COVER Des Moines, IA 50322. Telephone (515) 270-0402. The 15 lawyer-legislators serving the state this Art Director: Peggy Card year gathered recently in the Supreme Court Classified Advertising Qualifying ISBA members – 2 months free; $75 thereafter room on the first floor of the capitol. They are Non-members – $110 for 100 words per insertion. (front row, from left): Rep. Helen Miller, Rep. See classified section for details. Eric Palmer, Sen. Robb Hogg, Rep. Tyler Olson, For Display Advertising Rates Contact David R. Larson (515) 440-2810; or write: Rep. Kevin McCarthy, Rep. Mike Reasoner, and The Iowa Lawyer, c/o Larson Enterprises, 909 50th St., (back row, from left): Rep. Rich Olson, Rep. West Des Moines, IA 50265. Doug Struyk, Sen. Keith Kreiman, Sen. Larry Communicating with The Iowa Lawyer online: Send your comments and Letters to the Editor to McKibben, Rep. Geri Huser, Rep. Richard [email protected]. Please include your daytime phone Anderson, Rep. Kurt Swaim, Rep. Jo Oldson, and number should we need to contact you with an answer or for verification. Executive Director Dwight Dinkla’s electronic mail Rep. Kraig Paulsen. For more information about address is [email protected]. Assistant Executive Director the legislators and the committees on which they Harry Shipley’s address is [email protected]. serve, turn to page 5. Iowa State Bar Association Board of Governors OFFICERS: DISTRICT 3B DISTRICT 7 Marion Beatty, President, Patrick Murphy LeMars 712-546-8844 Gerald Denning Wilton 563-732-2666 Decorah 563-382-4226 Barb Orzechowski Sioux City 712-252-1866 Robert Waterman Davenport 563-324-3246 Joel Greer, President-elect, Cynthia Moser Sioux City 712-255-8838 Jerry Van Scoy Clinton 563-242-2827 Marshalltown 641-752-5467 DISTRICT 4 DISTRICT 8A Dan Moore, Vice President, Dean Jennings Council Bluffs 712-328-1566 Richard Gaumer Ottumwa 641-682-7579 Sioux City 712-252-0020 Alan Anderson Logan 712-644-2485 John Morrissey Fairfield 641-472-3144 Dwight Dinkla, Secretary, Des Moines 515-243-3179 DISTRICT 5A DISTRICT 8B John Powell Perry 515-465-4641 Roger Huddle Wapello 319-523-4221 J.C. Salvo, Immediate Past President, Harlan 712-755-3141 DISTRICT 5B IOWA JUDGES ASSOCIATION REPRESENTATIVE: Elisabeth Reynoldson Osceola 641-342-3423 Honorable James Richardson DISTRICT 1A Immediate Past President I.J.A. William Werger Manchester 563-927-5920 DISTRICT 5C Dean Konrardy Dubuque 563-588-0547 Paul Tyler Des Moines 515-246-4513 LEGISLATIVE COUNSEL: Frank Carroll Des Moines 515-288-2500 James Carney Des Moines 515-282-6803 DISTRICT 1B Sara Sersland Des Moines 515-283-3100 David Roth Waterloo 319-233-6163 ABA DELEGATES: Mark Hanson Des Moines 515-288-6041 Timothy Sweet Reinbeck 319-345-6496 David L. Brown Des Moines 515-244-2141 Jane Lorentzen Des Moines 515-244-0111 Alan Olson Des Moines 515-271-9100 DISTRICT 2A Guy Cook Des Moines 515-245-4300 Diane Kutzko Cedar Rapids 319-365-9461 Philip Garland Garner 641-923-3792 Joseph Van Winkle Des Moines 515-243-1000 Thomas Lawler Parkersburg 319-346-2650 Lu Ann White Des Moines 515-244-0177 YLD OFFICERS: Jen Chase, President, Susan Low Des Moines 515-283-4072 DISTRICT 2B Waterloo 319-234-2638 Marcy Lundberg Fort Dodge 515-955-2193 Connie Diekema Des Moines 515-288-0145 Bridget Penick, President-Elect William Lorenz Marshalltown 641-752-4271 DISTRICT 6 Des Moines 515-246-4545 Lynn Wiese Iowa Falls 641-648-4261 Timothy McMeen Marengo 319-642-5521 Matthew McDermott, Secretary DISTRICT 3A James Craig Cedar Rapids 319-366-7331 Des Moines 515-283-4643 William Klinker Primghar 712-957-5465 Dean Einck Cedar Rapids 319-365-9761 Matthew Preston, Immediate Past President Randy Waagmeester Rock Rapids 712-472-3777 Robert Hatala Cedar Rapids 319-364-0171 Cedar Rapids 319-866-9277 Leon Spies Iowa City 319-337-4193 The President’s Letter LEAD BY E XAMPLE “There is only one Rule 33.2 sections 1-32 entitled “Lawyers’ duties to other counsel” and Rule 33.3 sections 1-8 “Lawyers’ duties to the corner of the universe court” should be photocopied and kept in your briefcase. After the episode described above, I did just that and I will you can be certain of have them with me for upcoming trials. If we would all abide improving, and that’s by these rules (or at least try to do so), the practice of law would be far less stressful and much more professional. All of your own self.” us would benefit from following these basic rules of civility. Aldous Huxley Young lawyers would also benefit from the good example of more experienced lawyers. Recently I objected to counsel’s There are more than 30 rules governing a lawyer’s duties to conduct in trial. Counsel was other counsel. Some worth remembering include: engaged in abusive and offensive I “We will not, even when called upon by the client to do so, conduct directed to the witness, my client and eventually abuse or indulge in offensive conduct directed to other toward me. Disparaging remarks were being made in side counsel, parties or witnesses. We will abstain from comments to us as well as in the phrasing of counsel’s disparaging remarks or acrimony toward other counsel, questions to the witness, both on and off the record. parties and witnesses. We will treat adverse witnesses and While I understand and appreciate a lawyer zealously parties with fair consideration.” Rule 33.2 (2) representing his/her client, this behavior went beyond a I “We will endeavor to confer early with other counsel to vigorous cross-examination. When I objected and noted we assess settlement possibilities. We will not falsely hold out the have standards which prohibit such conduct, the brazen and possibility of settlement as a means to adjourn discovery or acrimonious response from the lawyer was that I could go to delay trial.” Rule 33.2 (10) ahead and “file a complaint.” I “We will not use any form of discovery or discovery “Wow!” I thought, but bit my tongue and said nothing more. scheduling as a means of harassment.” Rule 33.2 (12) I didn’t want to draw the judge further into the fray and then have the judge end up admonishing both of us; nor did I Judges are mindful of the “Courts’ duties to lawyers” under want to distract the judge further from the actual issue before Rule 33.4 sections 1-12. Only on rare occasion have I seen the court. any violation of these rules by a judge. It is important to I wondered if opposing counsel was aware of the Standards remember, however, that the judge also has a duty to “ensure of Professional Conduct. I sincerely doubt this lawyer has ever that court personnel act civilly toward lawyers, parties and read them. If the lawyer has read them, it is obvious the lawyer witnesses.” On occasion when a court reporter, bailiff, or doesn’t take them seriously. Or worse, the lawyer knows the other staff member becomes agitated and makes discourteous Standards “shall not be used as a basis for . sanctions,” and corrections or remarks the court needs to weigh in. The knows they shouldn’t be used as the basis for an ethical Standards of Professional Conduct should extend to all of complaint and therefore just chooses to ignore them. the participants in the courtroom. Most lawyers have digested the new Rules of Professional If each of us strives to lead by example in practicing these Conduct, but some haven’t dusted off the Standards of rules, the quality of our own practices will be much higher and Professional Conduct lately and taken a fresh look at them. our quality of life and the profession generally will also be These Standards can be found in your Iowa Rules of Court much higher.
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