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 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. , Rep. See classified section for details. Eric Palmer, Sen. Robb Hogg, Rep. , 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. , Rep. Richard [email protected]. Please include your daytime phone Anderson, Rep. Kurt Swaim, Rep. , and number should we need to contact you with an answer or for verification. Executive Director Dwight Dinkla’s electronic mail Rep. . 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. books or online at www.iowabar.org. The Standards of Professional Conduct are good reading for all of us periodically. I know I occasionally feel the impulse to berate another in the courtroom and it is difficult to quell the urge to speak out in an inappropriate way. This is particularly “People never improve unless they true when the lawyer is launching into a personal attack on the witness or client during the trial. An eye for an eye is the look to some standard or example natural and first reaction. Rereading the Standards helps me higher than themselves.” maintain the proper perspective on the practice and my relationships within the profession. Tyron Edwards

4 THE IOWA LAWYER February 2007 Meet the 2007 lawyer-legislators

Lawyer-legislators (front row, from left): Rep. Helen Miller, Rep. Eric Palmer, Sen. Robb Hogg, Rep. Tyler Olson, Rep. Kevin McCarthy, Rep. Mike Reasoner, and (back row, from left): Rep. Rich Olson, Rep. Doug Struyk, Sen. Keith Kreiman, Sen. Larry McKibben, Rep. Geri Huser, Rep. Richard Anderson, Rep. Kurt Swaim, Rep. Jo Oldson, and Rep. Kraig Paulsen gather in the Supreme Court room at the state capitol. Schneider-Busines Eval 1/22/04 8:59

IN THE SENATE ISBA can be even more supportive of our Senator – District 19 – Democrat work as legislators if members are willing Rob is serving his first term in the to provide high-quality legal analysis of Senate after serving four years in the issues pending before the legislature – House. He received his B.A. degree from what would the real world impact be of the the in 1988, his M.A. changes that are being proposed. from the University of Minnesota in 1991, and his J.D. from the University of Senator Keith Kreiman – District 47 – Democrat Minnesota in 1995. Rob is a resident of Keith is serving his first term in the Cedar Rapids and practices with Elderkin Senate after serving five terms in the & Pirnie, PLC. He and his wife, Kate, have House. He received his A.A. degree in I Preparing complete, accurate, 1974, His B.A. in 1976 and his J.D. in 1978. three children. He is a member of Christ written reports for I litigation Episcopal Church and a volunteer at A resident of Bloomfield, he is a member support I economic loss in Erskine Elementary School. of the Davis County Board of Education, the Volunteer Lawyers Project, the Davis personal injury and death I Leadership positions: Vice Chair, Senate County Council for Prevention of Child divorce settlements I employee Judiciary Committee Abuse, and is the assistant coach for the stock ownership plans I damages Committees: Appropriations, Judiciary, Royals softball team. from lost profits I estate and gift Natural Resources, Ways and Means; taxes I acquisitions and sales Justice Systems Budget Subcommittee. Leadership positions: Chair, Senate E-mail contact: [email protected] Judiciary Committee; Vice chair, Health and Human Services Appropriations Attorneys, CPA’s, IRS Experts, CFA, Reason for public office: “I ran for office American Society of Appraisers, Subcommittee. because I thought I had the skills and ability Senior Member (individual). Committees: Education, Human Resources, to help the Legislature do a better job.” Judiciary, Local Government; Justice Hope to accomplish: “I hope we are able to System Appropriations Subcommittee. PHILIP SCHNEIDER make steady progress on the issues that E-mail contact: & ASSOCIATES, INC. Iowans care about – real public safety, www.schneidervaluation.com [email protected] 515-225-0000 or 1-800-383-3083 improving education and health care, Fax 515-225-1539 and developing the comprehensive Senator Larry McKibben – ONE CORPORATE PLACE energy policy that our economy and District 22 – Republican 1501 42ND STREET • SUITE 294 our environment need.” This is Larry’s third term in the Senate. WEST DES MOINES, IOWA 50266-1098 How ISBA can help: Jenny Tyler and Jim A Marshalltown resident, he is a member Carney do a good job at the Legislature. of the Marshall County Farm Bureau, the

THE IOWA LAWYER February 2007 5 Marshalltown Chamber of Commerce, the IN THE HOUSE – community and their world, I decided I Marshall Economic Development Impact Representative Richard Anderson – had a responsibility to run.” Committee and the Rotary Club. He also District 97 – Republican Hope to accomplish: “I hope to slow the serves on the boards of the Farmers Savings A second-term member of the Iowa growth of the Iowa Code, bringing a Bank in Marshalltown and is past president House, he practices with Millhone & measure of relief to we attorneys who of the Marshalltown Community School Anderson, P.C., in Clarinda, and was an work with it. I also intend to continue my District. An attorney in Marshalltown, he adjunct assistant professor at Des Moines practice of working hard with members of received his B.A. from the University of University. He has a B.A. and Physical both parties to find sound solutions to the Northern Iowa and his J.D. from the Therapy graduate certificate from the problems that confront us.” University of Iowa College of Law. University of Iowa and J.D. from Drake How ISBA can help: “The ISBA can edu- University Law School. He chairs the board cate us so that we might be wise, hold us Leadership positions: Ranking member, of directors of the Clarinda Academy, a res- accountable that we might be people of Senate Judiciary Committee; Ranking member, idential program for adjudicated juvenile integrity, and encourage us that we Senate Ways and Means Committee. delinquents. He is an advisor of the might be courageous.” Committees: Commerce, Judiciary, State Government, Veterans’ Affairs, Ways & Means, Nodaway Valley Free Medical Clinic. Representative Geri Huser – Transportation, Infrastructure; Capital Leadership positions: Ranking member of District 42 – Democrat Appropriations Subcommittee. House Judiciary Committee. Geri is serving her fifth term in the E-mail: [email protected] Committees: Economic Growth, House. An attorney and social worker, she Reason for public office: Desire to find Environmental Protection, Judiciary; Justice practices at Skinner Law Office in Altoona. Systems Appropriations Subcommittee. another kind of public service following Her B.A. degree is in social work from E-mail: [email protected] school board service. Briar Cliff College and her M.P.A. and J.D. Hope to accomplish: Property tax reform, Reason for public office: “My predecessor degrees are from . A resi- including commercial property. Laying the recruited me, in part because I regularly dent of Altoona, she served two terms on groundwork for revamping the Iowa contacted her about ISBA issues. I decided the Altoona City Council. She is a member Criminal Code. to run while I was sitting in my daughter’s of the Metropolitan Planning How ISBA can help: Continue the great 4-H meeting listening to the kids recite the Organization, the East Polk Interagency support we get now from the officers, 4-H pledge. When they pledged their Association, and was named Iowa sections and the ISBA lobby team. hands to greater service to their

6 THE IOWA LAWYER February 2007 Firemen’s Association Legislator of the Year for 2000. Leadership positions: Chair, House Leadership : Chair, House Labor Committee Appropriations Committee. Committees: Environmental, Judiciary, Leadership positions: Chair, House Committees: Appropriations, Commerce, Labor, Public Safety; Justice System Transportation Committee. Judiciary. Appropriations Subcommittee. Committees: Judiciary, Local Government, E-mail: [email protected] E-mail: [email protected] Transportation, Ways & Means. E-mail: [email protected] Representative Rick Olson – Representative Tyler Olson – District 68 – Democrat District 38 – Democrat Representative Kevin McCarthy – This is Rick’s first term in the House. This is Tyler’s first term in the Iowa District 67 – Democrat He received his undergraduate and law House. A Cedar Rapids native, he received Former assistant attorney general, Kevin degrees from Drake University. A resident his B.A. in government and history in 1998 is a graduate of Drake Law School. He of Des Moines, he serves on the Polk from Claremont McKenna College, and his served as counsel for the Tobacco Project County Magistrate Appointing J.D. from the University of Iowa College of in Washington, D.C., representing 52 Commission, the Polk County-wide Law in 2003. Currently, he practices with government entities that were agreeing Oversight Committee, the Iowa the law firm of Bradley & Riley in Cedar to their part of the master settlement Horsemen’s Benevolent and Protective Rapids and Iowa City. His practice is agreement. He was campaign manager for Association Board of Directors, and is a primarily in corporate, business and Attorney General Tom Miller in 1994 and member of the Iowa Trial Lawyers’ real estate. 1998, and served as senior advisor to U.S. Association. Senator Joseph Lieberman’s presidential campaign. A native and current resident of Des Moines, he is serving his second term in the House. Leadership positions: None Committees: House Administration ADMISSION ON MOTION The following have applied for admission on motion to the Iowa bar: and Rules Maureen Helen Drummond-Closson, Amerus Group, Des Moines; Joshua Lee E-mail: [email protected] Johanningmeier, LaFollette Godfrey & Kahn, Madison, Wisc.; J. Scott Bardole, in Representative Helen Miller – practice, Austin, Tex.; Aron Olaf Hansen, AEGON USA Realty Advisors, Inc., District 49 – Democrat Cedar Rapids; Don Nguyen, in practice, Lompoc, Calif.; Ira Jay Kurzban, Helen is a third-term member of Kurzban, Kurzban, Weinger & Tetseli, PA, Miami, Fla.; Christopher John Lent, the House. She has a B.S. in business Woods, Fuller, Shultz & Smith, PC, Sioux Falls, So.Dak.; and Harold Baker administration from Howard University, an Oakley, Schmiedeskamp, Roebtson, Neu & Mitchell, Quincy, Ill. M.S. in library science from Our Lady of Anyone with questions or comments should contact Keith Richardson, Clerk of the Lake University and a J.D. from the Supreme Court, at (515)281-5911, or write to the office of Iowa Supreme Court Clerk, 1111 East Court Avenue, Des Moines IA 50319. Georgetown University Law Center. A resi- dent of Fort Dodge, she serves on the Fort Dodge Community School Improvement Advisory Board, Fort Dodge Correctional Facility Advisory Board, and the boards of Leadership Iowa, Young At Art, and the Center for Policy Alternatives. She is also a Rotary International Paul Harris Fellow. Leadership positions: Assistant Majority Leader of the House. Committees: Agriculture, Economic Growth. Environmental Protection, Veterans’ Affairs E-mail: [email protected]

Representative Jo Oldson – District 61 – Democrat Jo is in her third term. She is a former first deputy insurance commissioner and former advisor to Governor Thomas J. Vilsack. She has a B.A. and a J.D. from Drake University. Jo was president of the Young Women’s Resource Center Board of Directors, and has been active in fund raising for a number of community organizations. She resides in Des Moines.

THE IOWA LAWYER February 2007 7 education system, business climate and the encourage greater participation among Leadership positions: Vice chair, House delivery of our human services. local attorneys. Economic Development Appropriations How ISBA can help: “I welcome and Subcommittee. appreciate contact from members of the Representative Kraig Paulsen – Committees: Economic Growth, legal community. It really helps me make District 35 – Republican Environmental Protection, Ethics, Human the best decision about a particular issue A resident of Hiawatha, Kraig is in his Resources, Ways and Means. and understand the potential effects, or second term in the House. He earned his E-mail: [email protected] bring an issue to my attention that needs B.B.A. at , his M.B.A. from Embry Riddle Aeronautical Reason for public office: Ensure the state to be addressed. The best way to reach me University and his J.D. from the University is forward-thinking in relation to our is by e-mail, and I track and respond to of Iowa College of Law. He is the corpo- education system, business climate and each communication I receive. I also rate counsel at CRST International, Inc. human services delivery. encourage you to contact your local state Hope to accomplish: Improve our representative and senator regarding issues Leadership positions: House Majority Whip. about which you feel strongly.” Committees: Administration and Rules, Commerce, Judiciary. Representative Eric Palmer – E-mail: [email protected] District 75 – Democrat Born, raised and residing in Oskaloosa, Reason for public office: “Six years ago, in Eric is serving his first term in the Iowa 2001, the issue of economic development House. He is a 1982 graduate of William drew me in. It’s an issue of my children Penn University with a major in social being able to raise their children in this science composite, and a 1986 graduate of state. The legislature seemed like an Drake University Law School. He currently opportunity to serve in a meaningful way. practices law as a solo practitioner with I enjoy the service aspect. It’s not unlike the Palmer Law Firm. A former judicial being a lawyer.” magistrate, he is a member, elder and past Hope to accomplish: “Two issues: Bringing treasurer and deacon of the First Christian property taxes under control, and Church/Disciples of Christ. He also is a developing healthcare plans that small board member of the Oskaloosa Kiwanis businesses can afford. I’ll be investing Club, Hospice Board, Mahaska County the bulk of my time on ways of pooling Democrats, and is treasurer of the Nelson insurance coverage.” Trust. He is a former board member of How ISBA can help: “The association has the Oskaloosa Municipal Housing Agency, a healthcare plan. It also has member Red Cross, William Penn University attorneys who understand insurance and Alumni Board, Kids Korner and the ERISA. Most attorneys are involved with or Mahaska County Sesquicentenial own small businesses. I would encourage Commission. In addition, he is the former communication from them. ERISA state legal counsel for the Jaycee’s. He and attorneys, especially, understand the his wife Laurie have four children. insurance needs of multi-person firms.”

Leadership positions: Vice chair, House Representative Mike Reasoner – Judiciary Committee. District 95 – Democrat Committees: Education, Human Resources, A Creston resident, Mike is serving his Judiciary, Labor; Health and Human third term in the House. He received his Services Appropriations Subcommittee. B.A. from Creighton University and his E-mail: [email protected] J.D. from the Creighton University School Reason for public office: “I have always had of Law. The former owner-operator of an interest in the law and politics. Public Reasoner Oil Company, he served on the service was an obvious choice for me, as it Union County Board of Supervisors from combines the two. On a broader scale I 1995 – 2003. Currently he is a member of hope to make Iowa a better state for, not Midwest Opportunities Board of Directors. only my family, but for all our families.” Mike and his wife, Margaret, have Hope to accomplish: “I hope to be a part of three children. a team effort that addresses the issues that Leadership positions: Assistant Majority affect us in our daily lives: jobs, healthcare, Leader of the House. Former Assistant and education. I hope to keep our focus Minority Leader of the House. Vice Chair, on these issues and avoid the divisive House Administration and Rules. social issues that have bogged down the Committees: Administration & Rules, legislature in the past.” Agriculture, Transportation, How ISBA can help: The ISBA can Ways & Means. E-mail: [email protected] 8 THE IOWA LAWYER February 2007 Representative Doug Struyk – District 99 – Republican Building fundraising campaign Council Bluffs resident Doug Struyk is serving his third term in the House. A off to good start small business owner and attorney, he received his B.S. from Iowa State The Raise the Bar capital campaign University and his J.D. with honors from continues to make steady progress in its Creighton University. He worked in the efforts to fund the renovation of the Iowa Department of Agriculture as chief new Iowa State Bar Association Center of the Agricultural Diversification Bureau. and ongoing endowment of legal Leadership positions: Assistant education. Gifts to date have already Minority Leader. boosted the campaign to more than 0 Committees: Administration and Rules, percent of its $3 million goal. Agriculture, Commerce, Judiciary, Campaign Chair J.C. Salvo of Harlan Ways & Means. said he is very pleased and appreciative Davis, Brown, Koehn, Shors & Roberts, P.C., E-mail: [email protected] of the efforts of donors and volunteers at Des Moines this stage of the campaign. Following a Dickinson, Mackaman, Tyler & Hagen P.C., Des Moines Representative Kurt Swaim – meeting on Jan. 10, ISBA officers and District 94 – Democrat Dwight Dinkla, Guthrie Center members of the Fundraising Steering A resident of Bloomfield, Kurt is Dwight James, Des Moines Committee and the Building Committee serving his second term in the House. He Dean Einck, Cedar Rapids toured the new has a degree in economics and business H Elvin Erdahl, Monticello headquarters building, observed the administration from Iowa Wesleyan, and Sheldon Gallner, Council Bluffs renovations getting underway and Gallner & Pattermann, P.C., Council Bluffs received his J.D. from the University of Iowa College of Law. He is a board expressed excitement about what they saw. Philip Garland, Garner Rich Gaumer, Ottumwa member of Citizens Mutual Telephone Members of the Fundraising Steering Bruce Graves, West Des Moines Company in Bloomfield and a former Committee, Board of Governors, ISBA staff Joseph Halbur, Carroll Davis County Attorney. and other volunteers are now meeting with members throughout the state inviting Hansen, McClintock & Riley, Des Moines, Des Moines Leadership positions: Chair of them to make gifts or pledges. As of press Mark Hanson, Des Moines House Judiciary. time, these members and firms have Robert Hatala, Cedar Rapids Committees: Agriculture, Government raised the bar: Roger Huddle, Wapello Oversight, Judiciary, Public Safety Alan Anderson, Logan Iowa State Bar Foundation, Des Moines and Transportation. Marion Beatty, Decorah Dean Jennings, Council Bluffs E-mail: [email protected] Belin Lamson McCormick Zumbach Flynn, Des Moines Elizabeth Kennedy, Des Moines Diane Kutzko, Cedar Rapids Reason for public office: “I noticed there Orville and Loanna Bloethe, Victor Thomas Lawler, Parkersberg were not as many lawyers in the legisla- Honorable James Brown, Osceola Honorable John Lloyd, Osceola ture as commonly thought. Since our Brown, Winick, Graves, Gross, Baskerville and Lockton Risk Services, West Des Moines profession deals with people’s problems Schoenebaum, P.L.C., Des Moines Jane and John Lorentzen, Des Moines on a daily basis, it has always seemed to Cambridge, Feilmeyer, Landsness, & Chase, William Lorenz, Marshalltown me that lawyers bring a needed perspec- P.L.C., Atlantic Susan Low, Des Moines tive to the legislative process. In terms Jim Carney, Des Moines Timothy McMeen, Marengo of the number of lawyers serving in the Color FX, Urbandale James Mefford, Chariton legislature, we have made some progress. James Craig, Cedar Rapids We still have a ways to go.” Hope to accomplish: “I believe that, by working together, we have a great opportunity to make Iowa more prosperous, and improve the quality of life for all Iowans significantly this year. I also hope, as a legislature, we can take a longer-range approach to the challenges Iowa faces. Too many times, the legisla- ture has difficultly seeing beyond the next election cycle.” How ISBA can help: “The bar provides a great public service in formulating its affirmative legislative proposals. I think members of the bar can be most helpful April 16 through 20 – Cedar Rapids during the legislative session by maintain- ing close contact with their legislators.” THE IOWA LAWYER February 2007 9 Dan Moore, Sioux City Additional information about naming (Editor’s note: Individuals and firms who Cynthia Moser, Sioux City opportunities and the capital campaign contribute to the campaign after Jan. 25 Patrick Murphy, Lemars can be found on the web site, will be recognized in subsequent issues of Nyemaster, Goode, West, Hansell & O'Brien P.C., www.iowabar.org. To inquire about the Iowa Lawyer.) Des Moines naming a room, please call Bruce Graves Alan Olson, Des Moines (515-242-2400), Ed Hansell (515-283-3150) Barbara Orzechowski, Sioux City or Harry Shipley at the ISBA office Bridget Penick, Clive (515-243-3179). John Powell, Perry Reynolds & Reynolds, Inc., Des Moines Elisabeth & Robert Reynoldson, Osceola David Roth, Waterloo JC and Trudy Salvo, Harlan Sera Sersland, Urbandale Harry Shipley, Des Moines Timothy Sweet, Reinbeck Swisher and Cohrt PLC, Waterloo Jennifer Tyler, Des Moines Paul Tyler, Des Moines Bob Waterman, Bettendorf Catherine Waterman in memory of Robert VP Waterman, Sr. Lu Ann White, Johnston Whitfield & Eddy, P.L.C., Des Moines Willson & Pechacek, P.L.C., Council Bluffs Lower Level Lynn Wiese, Iowa Falls

Fourteen rooms are still available to name for an individual, family, firm or legal group. Of the individuals and organizations who have contributed thus far, the following nine have selected naming rights:

Belin Lamson McCormick Zumbach Flynn Orville and Loanna Bloethe Brown, Winick, Graves, Gross, Baskerville and Schoenebaum, P.L.C. Jim Carney Davis, Brown, Koehn, Shors & Roberts, P.C. Dickinson, Mackaman, Tyler & Hagen P.C. Nyemaster, Goode, West, Hansell & O'Brien P.C., Main Level Alan Olson Catherine Waterman in memory of Robert VP Waterman, Sr.

Second Level

10 THE IOWA LAWYER February 2007 State of the Judiciary - Chief Justice Ternus addresses lawmakers, focuses on child welfare issues Based on the responses from Iowa’s The chief in her first State of the juvenile court practices in 17 counties House and Senate lawmakers and others Judiciary address, called on legislators to within a year. Once the information is attending the State of the Judiciary assist the courts in its children’s initiative gathered, it will be shared with a address, Jan. 10, Iowa Supreme Court by providing funding for: community team that develops plans Chief Justice Marsha Ternus scored a I Additional resources to the juvenile for improvements. homerun with her discussion of child courts, including two new district The Court is also implementing a welfare issues. associate judges, the staff needed to one judge/one child model, she told Legislators and other dignitaries support them, and more juvenile court legislators. This means one judge will interrupted the chief justice with applause officers and technicians. preside over every juvenile court five times, including one standing ovation, I Expansion of Iowa’s Court Appointed proceeding involving a particular child. during the child welfare portion of her Special Advocate program, which While this model offers several advantages approximately 45-minute speech. recruits, trains and assigns volunteers including more expedient court actions, Justice Ternus devoted the last half of who serve as guardians ad litem in child perhaps its biggest benefit is that a child her address to measures the Court is welfare cases. sees a familiar face – maybe the only taking to improve the lot of children, I Increases in the hourly rate paid to familiar face – throughout his or her especially foster children, who often fall court-appointed attorneys who handle time in foster care, she said. through the cracks of society. The first half indigent defense juvenile cases. Channeling the necessary resources to of her speech was spent discussing the the juvenile court system to make such status of the Court’s move to a paperless Iowa’s Supreme Court has begun taking initiatives work places a strain on other operation using digital technology, an steps to improve the plight of foster court activities. Additional money is increase in fees paid to jurors and the children, Justice Ternus told legislators. needed to pick up the slack created by this activities addressing the increased Using the landmark 2004 PEW increased focus on child welfare in incidences of pro se litigants presenting Commission Report as a blueprint, the the courts. their cases to the courts. Court has set up a system for assessing Volunteers with the Court Appointed

LostLost in in the the shuffle? shuffle? SetSet yourselfyourself apartapart fromfrom thethe othersothers byby advertisingadvertising inin thethe IowaIowa LegalLegal Directory.Directory. AmongAmong allall thethe legallegal directoriesdirectories onon thethe market,market, thethe BlueBlue BookBookstandsstands out,out, trulytruly thethe mostmost useruser friendlyfriendly handhand heldheld devicedevice onon youryour bookshelf.bookshelf.

* StandStand out out for for a a change! change! * SmallerSmaller sizesize && distinctivedistinctive blueblue covercover makemake ourour bookbook instantlyinstantly recognizablerecognizable * *EachEach volumevolume coverscovers aa singlesingle state,state, andand isis soldsold individually.individually. PurchasePurchase onlyonly thethe onesones thatthat youyou need.need. * *BiographicalBiographical listingslistings appearappear inin single-columnsingle-column pagepage format,format, with with largerlarger typetype toto makemake themthem easiereasier toto read.read. * *ColorColor codedcoded pagespages andand tabtab dividersdividers makemake itit easiereasier toto movemove between between sectionssections TheThe Iowa Iowa Legal Legal Directory Directory TheThe Official Official Directory Directory of of the the Iowa Iowa State State Bar Bar Association Association

LegalLegal Directories Directories Publishing Publishing Company Company 91119111 Garland Garland Road Road P.O.P.O. Box Box 189000 189000 Dallas,Dallas, TX TX 75218 75218 800800 447 447 5375 5375 Fax:Fax: 214 214 324 324 9414 9414 www.legaldirectories.comwww.legaldirectories.com

THE IOWA LAWYER February 2007 11 Special Advocate program, or CASA as pilot counties later this year. Once the information that explains government it is often called, provide the courts with pilot testing is completed, the Court will action and the protection of personal in-depth information about a child, implement the system in the appellate information citizens consider private,” serving essentially as extra eyes and ears courts. Finally, the system will be moved and to make a policy decision regarding for judges. The Iowa Child Advocacy out to all other trial courts. the issue. Board wants to take the CASA program “If all goes as planned, we will have statewide. Additional funding is needed E-filing available statewide in five years,” Juror pay to make this possible, she said. she said. Jurors fulfill an important civic function, Raising the hourly rate paid to Security and privacy are concerns the chief justice told lawmakers. They take court-appointed attorneys who handle that arise with the move to a paperless time away from their families and jobs to juvenile cases is “absolutely essential for operation, she told legislators. Addressing do so. For that sacrifice, they are paid $10 the state to recruit and maintain a suffi- those issues and installing safeguards to per day. The pay has been the same for 33 cient number of well-qualified attorneys to protect people’s private information years, except for those jurors who serve on represent children and parents involved in requires action by the Court and the a trial more than seven days. They are paid juvenile court,” the chief justice said. “The legislature, as well as “diligence on the $50 per day after the seventh day. The state pays attorneys who represent drunk part of attorneys and litigants.” legislature gave the Court the statutory drivers more than we pay attorneys who A relatively simple safeguard is to ask authority to make that change in 2005. represent our most vulnerable children. attorneys and litigants to omit personal Justice Ternus asked legislators to “What does that say about our information not required by law or not increase the basic $10-per-day fee to $30 priorities?” she asked. “Do we really germane to a legal issue in a case. The per day. Admittedly that is less than the believe that the legal representation of Supreme Court has adopted new rules to estimated $40 per day that would be children is less important?” discourage people from filing information appropriate if one takes the $10 fee not needed by the court. instituted in 1974 and adjusts it for Electronic filing The greater challenge is protecting inflation, she said, but it “will at least With regard to the Court’s move to a private information when that information lessen the financial burden borne by paperless operation, Justice Ternus told is necessary for a case. The Court proposes Iowans performing this valuable legislators that testing of electronic filing that such information be presented where public service.” and paperless operations will begin in two possible on a separate, protected form that can be kept confidential. In those cases Pro Se litigation where it is necessary to refer to protected Iowa’s first woman chief justice told the information in a court document, the legislators that the Court is taking concrete Court is proposing that only a portion steps to address the issue of litigants who of the information be submitted. For choose to represent themselves in court example, she told lawmakers, if a minor matters. The Pro Se Forms Advisory child’s name is necessary, only the child’s Committee, co-chaired by District Court initials would be used. Judge Patrick Grady in Cedar Rapids and To make this a reality, however, “we Iowa City Attorney Dan Bray, are putting need and recommend your approval of a the finishing touches on the first two sets statutory amendment that will give the of forms and instructions that litigants can judicial branch the authority to protect use when representing themselves. One set personal information in this manner,” she is for divorcing couples without children. said. The other set is for parents who want to She also asked legislators to re-examine modify child support orders. the balance between “access to public Once these forms are completed and available on the judicial branch website, the committee will generate forms and instructions for additional court procedures, she said. The Court has also proposed amend- ments to its rules of civil procedure and its rules governing attorneys’ ethical obligations to allow attorneys to provide “limited-scope” legal assistance. Often called “unbundled legal services,” the rule changes allow attorneys to perform specific tasks such as drafting a petition or attending a hearing without having to handle every aspect of the case. “The end result is more affordable legal representation for the citizens of Iowa, which we hope will encourage more people to obtain legal assistance,” she said.

12 THE IOWA LAWYER February 2007 High School Mock Trial 2007 competitions just around the corner Along with the March madness that The semi final round featuring the top fire set off by an indoor pyrotechnic accompanies Iowa High School wrestling four teams of the 32 competing will be display during a concert, Wheeler says. and basketball tournaments comes the held at the Judicial Branch Building in The case students will be arguing is similar annual High School Mock Trial State Des Moines Saturday morning. The final to the real life situation that occurred with Tournament. And, with that tournament round to decide the state champion will be the Great White concert in Rhode Island comes the need for judges and attorneys held in the Iowa Supreme Court court- not too long ago, he said. who can serve as judges. room on Saturday afternoon. Wheeler says that attorneys who would It takes a minimum of two judges per This year’s case is a civil problem like to volunteer for any of the regional trial, says John Wheeler, director of The involving the claim of negligence and competitions or the state tournament Iowa State Bar Association’s Center for premises liability after the death of a young should contact him at the ISBA office Law and Civic Education. “This means man at a nightclub (GBCBs) following a 515-243-3179 or [email protected]. we’ll have to rely on upwards of 450 volun- teer attorneys” to cover all of the regional Iowa High School Mock Trial 2007 Regional Competition Schedule competitions and the state tournament. REGION 1 ( Southwest Iowa) March 7 @ MidAmerican Center, Council Bluffs This year’s regional tournaments start REGION 2 (Northwest Iowa) March 8 @ Sioux City Convention Ctr. on Feb. 27 with Region 3 in the Des Moines area, and go until March 10 with REGION 3 (Des Moines Area) Feb. 27 @ Polk County Convention Center. Regions 8, 9 and 10. Winners from the Feb. 28 @ Polk County Convention Ctr (Play-off) regional competitions travel to Des Moines REGION 4 (North Central Iowa) March 6 @ NIACC – Mason City for the state tournament, which begins on REGION 5 (Central Iowa) March 5 @ Gateway Center, Ames Thursday evening, March 15, and runs REGION 6 (West Central Iowa) March 2 @ First Methodist Church, Carroll through Saturday afternoon, March 17. REGION 7 (Linn & Johnson County) March 3 @ Linn Co. Courthouse (Cedar Rapids) The preliminary rounds for the state REGION 8 (East Central Iowa) March 10 @ Scott Co. Courthouse (Davenport) tournament will be held on Thursday and Friday at the Polk County Convention REGION 9 (Southeast Iowa) March 10 @ Des Moines Courthouse (Burlington) Complex in downtown Des Moines. The REGION 10 (Northeast Iowa) March 10 @ Black Hawk Courthouse (Waterloo) first round will take place Thursday late afternoon. The two rounds on Friday will STATE TOURNAMENT be held in the morning and afternoon. Thursday, March 15 @ Polk County Convention Complex An awards banquet follows the final round Friday, March 16 @ Polk County Convention Complex ondrake Friday .real estate 07 ad 1/9/2007 9:53 AM Page 1 Saturday, March 17 @ Des Moines (Iowa Judicial Bldg.)

continuing legal education

Real Estate Transactions • March 9, 2007 NEAL AND BEA SMITH LEGAL CLINIC • 2400 UNIVERSITY AVE. • DES MOINES, IA For further information 800.940.2119 www.law.drake.edu/cle

THE IOWA LAWYER February 2007 13 Legislative report - Legislative contacts needed On the next page is a list of the Joint Justice System Appropriations Subcommittee Chief Justice supports indigent defense members. Please contact all members of the subcommittee urging them to support the rate increase; officers push legislative additional $5-per-hour increase. When you contact them, please send a priorities with leadership copy of your correspondence to Jim By Jim Carney, ISBA Legislative Counsel Carney (fax: 515-282-4700; e-mail: [email protected]; mail: We are very pleased to report that Chief ship, and judiciary and justice appropria- 303 Locust St, Ste 400, Des Moines, IA Justice Ternus, in her first State of the tions chairs. ISBA President Marion Beatty 50309) so that we can follow up with your Judiciary address on Jan. 10, supported the reviewed the ISBA affirmative legislative contacts. Also, if you receive a response ISBA’s efforts to seek an additional program and emphasized to legislative from the legislators, please forward the increase in indigent defense fees for leadership that the top priority of the ISBA response to us so that we are aware of juvenile cases. during the upcoming session would be to their stated positions. Justice Ternus recommended to the obtain an additional $5 per hour increase In addition to members of the House legislature that it raise the hourly rate for for those “cases that were left behind” last and Senate Justice System Appropriations court-appointed attorneys who handle year. This, of course, would include the Subcommittee, you should also contact juvenile cases. “Competitive pay is Class A & B felonies and juvenile cases. your own state representative and state absolutely essential for the state to recruit and maintain a sufficient number of well- qualified attorneys to represent children IOWA STATE BAR ASSOCIATION and parents involved in juvenile court,” she told lawmakers and other dignitaries 2007 Affirmative Legislative Program gathered for the address. (See article on her complete address on page 11.) Bill Subject Bill Description ISBA officers had encouraged Justice Indigent Defense Seek $5 increase in the hourly reimbursement rate for court- Ternus to include such a statement in her appointed counsel for juvenile cases, appeals, Class A and B address to the legislature. We are very felonies and other matters. fortunate and pleased that she was willing Commercial & Amend Code Section 627.6(15) to provide for an exemption for to do so. A large portion of her address Bankruptcy Law/ personal injury awards. was focused on giving highest priority to Personal Property the handling of cases involving foster Exemption children and CINA cases. Final Disposition Create new Code Chapter 144C, which authorizes adults to Directives Act execute enforceable written instruments directing disposition of Officers meet with legislative leadership their human remains after death. On the same day as the State of the Judiciary Address, the ISBA officers and Probate & Trust Code Amend various sections of the IA Probate Code & IA Trust Code legislative counsel met with House and Amendments relating to court officer oath/certification, small estate administra- Senate Republican and Democrat leader- tion, homesteads, fiduciary investment powers, guardianship/ conservatorship fees and costs, partial intestacy, abatement, annu- al reports and delinquencies, small bequests of personal property, beneficiary revocation for non-probate assets, fees for extraordi- nary services, penalty waiver for later filed disclaimers. Power of Amend Code Section 561.13 to remove requirement for power of Attorney/Legal attorney to include the legal description of homestead property. Description of Homestead Property Mechanic’s Lien Amend Code Chapter 572, Mechanic’s Lien Statute, to clarify the Statute statutory period for perfecting a mechanic’s lien. Post-Secondary Authorize the court to order post-secondary education subsidy for Education Subsidy children of unmarried parents Attorney Fees Amend Code Section 600B.26 to authorize the court to award Related To Paternity reasonable attorney fees to the prevailing party in a proceeding to Proceedings determine custody or visitation under the Paternity Chapter, or to modify a paternity, custody, or visitation order under this chapter.

14 THE IOWA LAWYER February 2007 senator. An explanation of how to contact House your legislator accompanies this article. (D, District 34), Chair Thanks for your continuing support! Beth Wessel-Kroeschell (D, District 45), How to contact Vice Chair Justice System Appropriations (R, District 32), your legislator Subcommittee Ranking Member Rich Anderson (R, District 97) Phone: SENATORS: Call Senate (R, District 40) (515) 281-3371 to reach the switchboard. Tom Hancock (D, District 16), Chair Pam Jochum (D, District 27) REPRESENTATIVES: Call Gene Fraise (D, District 46), Vice Chair Rick Olson (D, District 68) (515) 281-3221 to reach the Iowa Paul McKinley (R, District 36), Dick Taylor (D, District 33) House switchboard. Ranking Member (R, District 50) Rob Hogg (D, District 19) E-Mail: A list of legislators and their Larry Noble (R, District 35) e-mail addresses, as well as home contact information, is on the Web at www.legis.state.ia.us. Legislators read Bill Subject Bill Description their e-mail. This is a great way to communicate with them. Uniform Commercial Revise Article 1 (General Provisions) and Article 7 (Documents of Code Update/ Revised Title) of IA Code Chapter 554 (Uniform Commercial Code). The Mail: Send mail to members of the Articles 1 & 7 revisions update the general provisions in Article 1 that apply to Legislature at the State Capitol, all UCC articles, and the provisions in Article 7 to provide a Des Moines, IA 50319. framework for the further development of electronic documents of title. Web Access: See calendars of legislative meetings, track legislation, Iowa Business Amend Sections of the IA Business Corporation Act to: find your lawmaker, and even listen to Corporation Act I Clarify that the requirement to provide for shares having live debate on the General Assembly’s Amendments certain characteristics may be met by authorizing one or more Web site at: www.legis.state.ia.us. series, as well as classes, of shares having those characteristics. I Allow for corporate documents to rely upon facts objectively ascertainable outside of such documents. I Authorize a provision in the articles of incorporation that permits shareholder action without prior notice if written consents to the action are signed by a sufficient number of holders of outstanding shares having not less than the minimum number of votes necessary to authorize or take action if it were voted on at a meeting. Revised Iowa Amend Code Section 504.831 to make reference to the oversight Nonprofit Corporation responsibility of directors, as well as include language regarding Act Amendments the director’s ability to rely on others in carrying out the duty of care when the director does not have knowledge that makes the reliance unwarranted. This Code Section is based on IA Business Corporation Act Section 490.830, which includes this language.

Judicial Nominating Amend the Code to provide that selection of the state’s Judicial Commission Nomination Commission be based on the current judicial election districts rather than on congressional districts.

In addition to the above legislative proposals, The Iowa State Bar Association supports the following positions as a part of its 2007 Affirmative Legislative Program:

1. Full funding of the Judicial Branch. 2. Full funding for Iowa Legal Aid. 3. Funding of the Substitute Decision Maker Act, Iowa Code Chapter 231E. 4. Opposition to legalization of title insurance. 5. Support child abuse prevention and treatment efforts and full funding for child abuse prevention and treatment. 6. Support the Juvenile Court Officers’ recommendation regarding juvenile sex offender treatment.

THE IOWA LAWYER February 2007 15 YLD President’s letter - Engaging high school students in the U.S. Constitution By Jen Chase, President What do the United States Constitution, 77 Iowa House Districts, their students, but only submit the best exams to the committee a trip to Washington, D.C., and the following multiple choice for consideration. According to Committee Chair Kara Sinnard, questions have in common? this project “draws entrants from students in both urban and rural areas of the state. It encourages participation from entire classes Of the following powers, which one does NOT belong to the Congress? a. The power to borrow money on the United States’ credit and individual students showing their own initiative.” b. The power to grant pardons for offenses against the United States This year, the Know Your Constitution Committee graded 952 c. The power to maintain a navy exams representing 77 of Iowa’s 100 House districts. From these d. The power to establish Post Offices 952 exams, 100 finalists were selected and invited to attend a luncheon, which was held in Des Moines on Jan. 12. The 100 According to the Fourteenth Amendment to the Constitution, which finalists are recognized on The Iowa State Bar Association’s website persons are citizens of the United States? at www.iowabar.org by clicking on the link on the home page, or by a. All persons naturalized in the United States going to the Young Lawyers Division’s link and clicking on “Know b. All persons born in the United States Your Constitution.” c. All persons subject to the jurisdiction of the United States At the awards luncheon last month, the finalists heard from d. All persons born or naturalized in the United States and subject keynote speaker Judge Robert Pratt, the U.S. District Court Chief to its jurisdiction Judge for the Southern District of Iowa, and Senator Chris Dodd (D-Conn.), who recently announced his candidacy for president. Which provision of the Constitution provides that in times of peace no Judge Pratt eloquently reminded students, teachers and other soldier shall be quartered in any house without the consent of the owner? a. Third Amendment guests about the importance of “We the people” in defending b. Fifth Amendment our Constitution. c. Twelfth Amendment During Senator Dodd’s heartfelt remarks, he held up a pocket d. No provision of the Constitution protects this right copy of the Constitution that he has carried with him every day for 25 years. Ask any of the approximately 2,000 students who participated in At the end of the luncheon, five students were randomly the YLD Know Your Constitution Committee project this year what selected to participate in a week-long, all-expense-paid trip to all of these things have in common! Washington, D.C. This year’s finalists are: student Cathy Levett and For more than a decade, the YLD Know Your Constitution teacher Michael Goldsmith from Xavier High School in Cedar Committee has promoted interest and scholarship in the United Rapids; student Shikah Parsai and teacher Michael Schaffer from States Constitution to high school students from around the state, Central Academy in Des Moines; student Tessa Schellar and with an enticing chance at a trip to Washington, D.C. Each year teacher James Mertz from Madrid High School in Madrid; and stu- the committee develops a 50-question multiple-choice quiz and an dents Josef Sallen and Angela Tweedy and teacher Lon Spurgin, essay question, which analyzes a relevant constitutional question. from Central Lee High School in Donnellson. These five lucky All high schools in the state are invited to participate. Many students and their teachers will participate in a citizenship teachers use the quiz and essay as part of their curriculum or as an educational program specifically for high school students extra credit assignment. Some teachers use the exams for all of facilitated by the Close-Up Foundation in Washington, D.C. I want to recognize Know Your Constitution Committee Chair Kara Sinnard and her entire committee for their hard work and Business Valuations dedication to the Know Your Constitution project. This project and Litigation Support reaches thousands of high school students, teachers and parents each year, and it serves to educate and excite students about the Constitution and its enduring value to our nation. The Know Your Constitution project is just another example of lawyers pro- viding a meaningful service to students and the public as a whole. Alan D. Ryerson Now to the answers for the three multiple choice questions: 1=B, CPA /ABV, ASA 2=D, 3=A. How well did you do at answering them? For the complete quiz and answer key, please go to the ISBA BUSINESS website (www.iowabar.org), click on “Law Related Education,” then CAPITAL click on “2006-2007 Answer Key.” CORPORATION Your True Strength.

666 Walnut Street Suite 1508 Des Moines, Iowa 50309 515-282-8019 Fax 515-282-0325 Gregory L. Weber www.businesscapitalcorp.com CPA /ABV, ASA

16 THE IOWA LAWYER February 2007 Are you getting the CLE you deserve? Attend ISBA CLE.

Quality CLE that keeps you on the cutting edge! To stay competitive, you have to keep up with changes that affect how and what you practice. That’s why The Iowa State Bar Association CLE offers a variety of quality CLE opportunities that keep you on the cutting edge. Support Your Association Attend ISBA CLE.

ISBA CLE Schedule

February 2007 June 2007 Feb. 14 Law Over Lunch: June 20-22 Annual Meeting Topic To Be Announced Downtown Des Moines Marriott Telephone seminar

March 2007 July 2007 March 14 Law Over Lunch: July 20-21 YLD Summer Seminar Tax Topic Village West Resort, Spirit Lake Telephone seminar

April 2007 October 2007 April 6 Workers’ Compensation Seminar Oct. 25-26 Family Law Seminar Coralville Marriott West Des Moines Marriott April 13 Juvenile Law Seminar Hotel Fort Des Moines December 2007 April. 19 & 20 Criminal Law Seminar Dec. 5-7 Tax School Hilton Garden, Johnston, Iowa Downtown Des Moines Marriott

May 2007 May 3 & 4 Bridge the Gap Downtown Des Moines Marriott

Don’t forget to mark your calendar for the 2007 ISBA Seminars!

CLE Opportunities Sponsored by: For additional training information or CLE Division of The Iowa State Bar Association to register online visit www.iowabar.org The Iowa Lawyer February 2007

2006 Feb CLE Insert.indd 1 1/26/2007 2:19:18 PM Are you getting the CLE you deserve? Attend ISBA CLE.

The Iowa State Bar Association’ s Family and Juvenile Law Section presents Juvenile Law Seminar April 13, 2007 Hotel Fort Des Moines, Des Moines, Iowa

CLE Credit Location: Hotel Fort Des Moines Application has been made and credit is pending for 1000 Walnut Street 6.75 hours of State CLE including 1 hour of Ethics Des Moines, Iowa 50309 and 0.75 hours of Federal CLE For reservations call 1-800-532-1466

7:30 Registration 12:30 Who Can Help My Client? Services in Iowa & Beyond lunch speaker TBA 8:15 Welcome Barbara Durden Davis, Chair, 1:15 A Voice at the Table: ISBA Juvenile Committee Children in Court Elevate 2 Inspire 8:30 The Iowa Children’s Justice Michael Bandstra, Attorney at Law Chief Justice Marsha Ternus, Iowa Supreme Court 9:30 Caselaw and Legislative Update 2:30 Break Jerry Foxhoven, Director, Middleton Center for 2:45 Best Practice Panel Children’s Rights, Drake Law School Topics to Include: Open vs. Closed Hearings, ASFA 10:15 Break Requirements and Public Defender Issues 3:30 Ethical Conundrums dealing with Immigration Issues 10:30 Agency Awareness: DHS Update in Juvenile Court (1.0 Ethics) Wendy Rickman, Services Area Manager Scenarios and panel discussion led by Barbara Durden Davis 11:15 Immigration Issues Miriam Antunez de Mayolo 4:30 Adjourn 12:00 Lunch

Registration Form: 2007 Juvenile Law Seminar

Name : ______Member # ______

Phone # ______Address: ______

City, State, Zip: ______Email: ______Registration Fee: ____ $150.00 ISBA Member ____ $140.00 Section Member ____ $55.00 ISBA Member Judges ____ $25.00 Law Students ____ $250.00 non- Member Method of Payment: ___ Check enclosed ___ Master Card __ Visa ___ Discover ___ American Express

Credit Card #:______Exp. Date: ______

Cardholder Signature: ______Return Registration form to: ISBA CLE, 521 E. Locust St., 3rd Fl., Des Moines, IA 50309-1939. For questions call: (515) 243- 3179 or fax (515) 243-2511 Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by April 6, 2007. Written notification can be mailed/faxed or e-mailed to the Bar Office. Walk-in registration fee will be an additional $50 (fee will begin on April 13).

The Iowa Lawyer February 2007

2006 Feb CLE Insert.indd 2 1/26/2007 2:19:21 PM Are you getting the CLE you deserve? Attend ISBA CLE.

The Iowa State Bar Association’ s Criminal Law Section presents 2007 ISBA Criminal Law Seminar April 19-20

Thursday, April 19, 2007 8:00 Registration 8:30 Mental Health Courts Panel Jennifer Solberg, Kim Fischer-Culver & Hon. Patrick McCormick 9:30 State Case Law Update Bridget Chambers & Richard Bennett 10:30 Break 10:45 State Post conviction and Federal Habeas Relief “Treacherous Navigation Toward Freedom” Kent Simmons 11:45 Lunch 1:30 Sexual Assault Response Teams A. Pat Houlihan and Laura Roan 2:30 Impeachment Issues Robert Rigg 3:30 Break 3:45 CSI: Fact or Fiction Polk County Medical Examiner Greg Schmunk, MD 4:45 Adjourn

Friday, April 20, 2007 8:00 Federal Case Law Update John Messina 9:00 Issues in Child Endangerment Cases Patricia Reynolds 9:45 Break 10:00 Common Mistakes in Guilty Pleas David Adams registration on next page

The Iowa Lawyer February 2007

2006 Feb CLE Insert.indd 3 1/26/2007 2:19:36 PM Are you getting the CLE you deserve? Attend ISBA CLE.

The Iowa State Bar Association’ s Criminal Law Section presents 2007 ISBA Criminal Law Seminar April 19-20

10:45 The Criminal Defense Lawyer as an Ethical Advocate Wendell Harms 11:45 Adjourn

CLE Credit Application has been made and CLE is Pending for 9.5 Hours of State

which will include 2 hours of Federal CLE credit Location Hilton Gardens 8600 North Park Drive Urbandale, IA 50322 For Hotel Reservations please call 515-270-8890 or 877-782-9444

Registration Form: Criminal Law Seminar

Name : ______Member # ______

Phone # ______Address: ______

City, State, Zip: ______Email: ______

Registration Fee: ___ $195.00 ISBA Member ___ $185.00 Section Member ___ $300.00 non- Member

Method of Payment: ___ Check enclosed ___ Master Card __ Visa ___ Discover ___ American Express

Credit Card #:______Exp. Date: ______

Cardholder Signature: ______Return Registration form to: ISBA CLE, 521 E. Locust St., 3rd Fl., Des Moines, IA 50309-1939. For questions call: (515) 243-3179 or fax (515) 243-2511 Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notifica- tion is received by the Bar Office by April 13, 2007. Written notification can be mailed/faxed or e-mailed to the Bar Office. Walk-in registration fee will be an additional $50 (fee will begin on April 19).

The Iowa Lawyer February 2007

2006 Feb CLE Insert.indd 4 1/26/2007 2:19:38 PM Are you getting the CLE you deserve? Attend ISBA CLE.

The Iowa State Bar Association’ s Young Lawyers Division presents ISBA Bridge the Gap Seminar Bridge the Gap Goes Hollywood

May 3 & 4, 2007 Location Downtown Des Moines Marriott 700 Grand Avenue Des Moines, Iowa 50309 For Hotel Reservations please call 515-245-5500 or 800-514-4681

CLE Credit Application has been made and CLE is Pending for 15 Hours of State which will include 6 hours of Federal CLE credit and 2 hours of Ethics CLE credit

Thursday, May 3 7:30-8:00 Registration 8:00-8:30 Legislative Update Speaker: Lorelei Heisinger “Hey look kids, there’s Big Ben, and there’s Parliament.” from National Lampoons European Vacation 8:30-9:30 Grievance Prosecutions (1 hour Ethics) Speakers: Paul Wieck and Charles Harrington “The truth hurts doesn’t it, Hapsburg? Oh, sure, maybe not as much as jumping on a bike with the seat missing, but it hurts.” from Naked Gun 2 1/2 9:30-10:00 What it Means to be a Guardian ad Litem Speaker: Karen Egerton “You go right back up there and get me a toddler. I need a baby, Hi. They got more’n they can handle.” from Raising Arizona 10:00-10:15 Break 10:15-11:00 Taxation of Settlements and Tax Issues Update (0.75 Federal) Speaker: John Fatino “There is no winning! Only degrees of losing!” from War of the Roses 11:00-11:30 Objections and Making a Record (0.5 Federal) Speaker: Timothy Semelroth Fletcher: “Your honor, I object!” Judge: “Why?” Fletcher: “Because it’s devastating to my case!” Judge: “Overruled.” Fletcher: “Good Call!” from Liar, Liar Continued on next page

The Iowa Lawyer February 2007

2006 Feb CLE Insert.indd 5 1/26/2007 2:19:40 PM Are you getting the CLE you deserve? Attend ISBA CLE.

The Iowa State Bar Association’ s Young Lawyers Division presents ISBA Bridge the Gap Seminar Bridge the Gap Goes Hollywood

Thursday, May 3 continued

11:30-12:00 LLC vs S Corp (0.5 Federal) Speaker: Steven Roy Ron Richardson: “Yeah? Are you gonna make it all 220?” Jack Bulter: “Yeah. 220...221, whatever it takes.” from Mr. Mom 12:00-1:00 Lunch (Lunch is on your own. Not included in registration fee.) 1:00-2:00 State Case Update Speaker: Paul Ahlers “Fat, drunk and stupid is no way to go through life, son.” from Animal House 2:00-2:30 Non Profit Governance Speaker: Gilda Boyer “And the Judeau Popular People’s Front!” “Yeah!” “And the People’s Front of Judea!” “Yeah! What?” “The People’s Front of Judea! Splinters!” “We’re the People’s Front of Judea.” “Oh....I thought we were the Popular Front.” “People’s Front!” “Whatever happend to the Popular Front?” “He’s over there” “Splinter!” from the Life of Brian 2:30-3:00 Appellate Primer Speaker: Hon. Larry Eisenhauer “I’ll be back....” from Terminator 3:00-3:15 Break 3:15-3:45 Drug Testing (False Positives) (0.5 Federal) Speaker: Jackie Armstrong The Poison Scene from Princess Bride 3:45-4:15 Mechanics Liens Speaker: Jeff Stone Walter: “When I do get the permits, how long will the job take?” Curly: “Two weeks.” Walter: “Two weeks? Two weeks?” Curly: “You sound like a parakeet there. ‘Two weeks! Two weeks!’” from Money Pit 4:15-4:45 Work Comp Speaker: Jason Neifert “I was just checking the specs on the endline for the ....rotar...girder...” from Tommy Boy 4:45-5:15 Implications of Criminal Acts on Immigration Status (0.5 Federal) Speakers: Cheryl Mason and Anna Stepanova “I don’t need no stinking green card.....” from Born in East L.A.

The Iowa Lawyer February 2007

2006 Feb CLE Insert.indd 6 1/26/2007 2:19:41 PM Are you getting the CLE you deserve? Attend ISBA CLE.

The Iowa State Bar Association’ s Young Lawyers Division presents ISBA Bridge the Gap Seminar Bridge the Gap Goes Hollywood

Friday, May 4

7:30-8:00 Registration 8:00-8:30 How to Fire an Employee Randy Armentrout “Alright, he’s still fired, and you are going to jail.” from Christmas Vacation 8:30-9:15 Tribal Law/ICWA (0.75 Federal) Elizabeth Rosenbaum Fulton Greenwall: “Yes, but to the natives... Shikaka.” from Ace Ventura 2 9:15-10:15 Jury Selection Leon Spies “Trials are too important to be decided by a jury.” from Runaway Jury 10:15-10:30 Break 10:30-11:00 Intellectual Property--Trademarks and Trade Dress Infringement (0.50 Federal) Prof. Mark Janis “We’ve done it...” from Flubber 11:00-11:30 eFiling David Beckman The Computer Scene from Son-In-Law 11:30-12:00 Increased Protections for the At Will Employee Kelly Baier “Warning: Exposing the Truth May be Hazardous.” from The Insider 12:00-1:00 Lunch (Lunch is on your own. Not included in registration fee.) 1:00-2:00 Federal Case Law Update (1.0 Federal) Hon. Ross Walters Col. Jessep: “I’d appreciate it if he would address me as “Colonel” or “Sir”.... I believe I’ve earned it.” Judge Randolph: “Counsel will refer to the witness as”Colonel” or “Sir”” Col. Jessep: “I don’t know what kind of unit you’re running here.” Judge Randolph: “And you will refer to this court as “Your Honor” or “Judge” ...and I’m quite certain I’ve earned it. Take your seat, Colonel.” from A Few Good Men 2:00-2:30 Will Preparation Speaker To be announced “I’m not dead yet...” from Monty Python & the Holy Grail 2:30-2:45 Break

The Iowa Lawyer February 2007

2006 Feb CLE Insert.indd 7 1/26/2007 2:19:42 PM Are you getting the CLE you deserve? Attend ISBA CLE.

The Iowa State Bar Association’ s Young Lawyers Division presents ISBA Bridge the Gap Seminar Bridge the Gap Goes Hollywood

Friday, May 4 continued

2:45-3:45 20 Questions of Federal Rules Mark Zaiger Ray: “D’you know that the human head weighs 8 pounds?” Jerry Maguire: “Did you know that Troy Aikman, in only six years, passed for 16,303 yards?” Ray: “D’you know that bees and dogs can smell fear?” Jerry Maguire: “Did you know that the career record for hits is 4,256 by Pete Rose who is NOT in the Hall of Fame?” Ray: “D’you know that my next door neighbor has three rabbits?” Jerry Maguire: “I...I can’t compete with that!” from Jerry Maguire 3:45-4:45 Ethics Panel Moderator: Hon. Michael Streit “I’m the Dude. So that’s what you call me. You know, that or, un, His Dudeness, or uh, Duder, or El Duderino if you’re not into the whole brevity thing.” from Big Lebowski 4:45 Adjourn

Registration Form: Bridge the Gap May 3 & 4, 2007

Name : ______Member # ______

Phone # ______Address: ______

City, State, Zip: ______Email: ______

Advance Registration: ISBA Members $235 ______

Non ISBA members: $375 ______Para-professionals (Legal Assistants & Office Employees $175 ______

Para-professionals (Legal Assistants & Office Employees $50 ______

Law Students $25 ______Method of Payment: ___ Check enclosed ___ Master Card __ Visa ___ Discover ___ American Express

Credit Card #:______Exp. Date: ______

Cardholder Signature: ______Return Registration form to: ISBA CLE, 521 E. Locust St., 3rd Fl., Des Moines, IA 50309-1939. For questions call: (515) 243-3179 or fax (515) 243-2511 Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by April 27, 2007. Written notification can be mailed/faxed or e-mailed to the Bar Office. Walk-in registration fee will be an additional $50 (fee will begin on May 3).

The Iowa Lawyer February 2007

2006 Feb CLE Insert.indd 8 1/26/2007 2:19:44 PM Notice to real estate attorneys Last year the foreclosure bill deleted Apply now for 2007-08 ISBA Code section 655.4, but county recorders are still getting committees, commissions, sections “acknowledgements of foreclosure” In the next several weeks I will be that the requested information regarding pursuant to Iowa Code 655.4. Recorders are still recording the making the appointments to the various gender, age and ethnic background is acknowledgements, but the Code of Iowa committees, section councils, and boards optional. The ISBA bylaws provide that no longer requires these acknowledgments. of the association for the fiscal year committee, board and section council beginning July 1, 2007. The applications appointments should be made after taking accompanying this article are an these factors into consideration, as well as Committees of The Iowa State Bar Association opportunity for you to apply for a position. geographic location and the nature of HE B The ISBA website (www.iowabar.org) lists your practice. My goal is to make the TAmericanA CitizenshipR Legal Aid D a descriptive paragraph for most of the membership of each committee, board N Annual Meeting Legal Assistant sections and committees. and section council as nearly representa- U Appellate Practice Legal Forms Committee appointments are not for a tive of the membership of the association O Bar Insurance Plans Legal Heritage

R Bench Bar Conference Membership specific term and the membership of each as possible based upon these factors. To A committee is determined annually. If you that end, I urge you to provide the Federal Practice Professionalism are now serving on a committee or board, optional information. Iowa Jury Instructions Public Relations do not presume re-appointment to that If there is any other information that Judicial Administration Scope & Correlation committee or board without a 2007 you would like to submit with your Lawyers Helping of Work completed application. application, please feel free to do so. Lawyers Specialization Section council appointments are for a If you have applied in the past, but have Law Practice Technology term of three years for a maximum of two not been appointed, please apply again. Management Women & terms. Retiring council members are not Every year is a new opportunity! The Minorities eligible for reappointment until they have volunteers who serve on Committees, Other Committees and Commissions to been off the council for one year. However, Boards and Section Councils are the which appointments may be made by if you are a retiring council member, you lifeblood of our Association. the President-Elect, the Board of may apply for another council of which Governors or the Supreme Court: you are a section member, or for any Please note the March 6th deadline for Supreme Court committees and Commissions: committee or commission. the return of your application! Board of Law Examiners Commission appointments have specific Client Security Commission terms and vacancies are filled accordingly. Joel Greer, ISBA President-Elect Continuing Legal Ed. Commission You will note on each application form Grievance Commission Lawyers Trust Account Commission Attorney Disciplinary Board Supreme Ct. Advisory Committee on Rules Unauthorized Practice Commission HEIRS LOCATED Check the ISBA website at www.iowabar.org for Committee descriptions. NO FEE TO THE ESTATE

FINLEY ALT SMITH FINLEY, ALT, SMITH, SCHARNBERG, CRAIG, HILMES & GAFFNEY, P.C. LAWYERS All Types Civil Litigation T E L 800 443 9004 Mediation Services FAX 615 822 9316 www.tracerusa.com THOMAS A. FINLEY 699 Walnut Street, Suite 1900 Des Moines, IA 50309

Service worldwide – Established 1960 515-288-0145 www.finleylaw.com

THE IOWA LAWYER February 2007 25

TRANSITIONS

Andrew T. Tice has been Elizabeth Craig, Rashawn named a shareholder with Ahlers Logan and Todd Schmidt & Cooney P.C. in Des Moines. He recently joined Iowa Legal Aid in received his B.A. from Iowa State regional offices around the state. University in 1998 and his J.D. Elizabeth began working in the from the University of Illinois Cedar Rapids office. She is a Charles N. Courtney Scott D. Andrew T. College of Law in 2001. He Elizabeth 2006 graduate of the University Wittmack Strutt Todd Mikkelsen Tice Craig practices in the areas of litigation, of Iowa College of Law. Her Charles N. employment, and workers undergraduate studies were at Wittmack, compensation law. the University of Iowa where she Courtney Strutt Kristy M. Latta, Nicholas received a B.A. in Political Science Todd, Scott D. A. Klinefeldt and Amanda G. and English. Mikkelsen, Wachuta have been named Rashawn joined the staff in the Aaron D. associates with Ahlers & Cooney North Central Iowa Regional Aaron D. B. J. Miller Kristy M. Rashawn Bernard and P.C. in Des Moines. Kristy Office in Mason City. She is a Bernard Latta Logan B. J. Miller have received her B.A. from the 2006 graduate of the University joined the law firm of Davis, Brown, Koehn, Shors University of Iowa and her J.D. of Iowa College of Law and has a & Roberts, P.C. in Des Moines. Charles will work in from Drake University. She was BBA in Accounting from the the litigation division in the areas of real estate, admitted to the Iowa Bar in 2005, University of Iowa College commercial, and construction law. He is a 2006 and served as law clerk to Justice of Business. graduate of the University of Iowa College of Law. David Wiggins of the Iowa Todd recently began work as a Courtney has joined the business division Supreme Court prior to joining staff attorney in the Northeast focusing on tax and finance. She is a 2006 Nicholas A. Todd Schmidt Klinefeldt the firm in 2006. She practices in Iowa Regional Office in Dubuque. graduate of the Drake Law School. the area of public finance. He received a B.A. in Political Scott will work in civil litigation in the areas of Nicholas received his B.A. Science from , and his J.D. from general commercial litigation and construction from the University of Iowa in the University of Iowa College of Law in 2006. law, as well as community and economic develop- 1995 and his J.D. from the ment law and development-related tax credits. He University of Iowa College of Law Theodore E. Karpuk has received his J.D. in 2006 from Duke University. in 2000. He is admitted to prac- opened a law office in downtown Aaron has joined the immigration department. tice in Massachusetts and Iowa. Sioux City. Theodore grew up in A 2003 graduate of the University of Notre Dame Amanda G. Wachuta Prior to joining the firm, he Sioux City. He received his B.A. in Law School, he previously was with the Whitfield served as a law clerk for the Mathematics from Briar Cliff law firm in Des Moines. Honorable Robert W. Pratt, United States District University in 1978 and his J.D. B. J. has joined the firm as a member of the Judge for the Southern District of Iowa, and also Theodore E. from the University of Iowa real estate law department. Formerly with the practiced in Boston. He practices primarily in the Karpuk College of Law in 1981. Following Hopkins & Huebner law firm in Des Moines, he is area of litigation. a stint with the federal court in Cedar Rapids, he a 2002 graduate of Drake Law School. Amanda received her B.A. from the University returned to Sioux City where he had been engaged of Iowa and her J.D. from Drake University Law in the general practice of law with two different Jason M. School. She was admitted to the Iowa Bar in law firms. He will continue his general practice of Stone and Amy 2004, and served as law clerk to the Honorable law including, but not limited to, personal injury, M. Landwehr Mark S. Cady, Iowa Supreme Court Justice, prior workers’ compensation and bankruptcy. The have been elected to joining the firm in 2006. She practices in the new office is located at 507 7th St., Suite 222, shareholders of areas of litigation and employment law. Sioux City, IA 51101. The phone number is Davis, Brown, 712-224-2930. The fax number is 712-224-2933. Jason M. Amy M. Koehn, Shors & Stone Landwehr And the e-mail address is [email protected]. Roberts, P.C. in Des Moines. Jason practices in the areas of tax and business, and Amy is an immigration attorney. TRANSITIONS SUBMISSIONS ONLY BY E-MAIL Rodney L. Janssen has Copy deadline for Transitions is 30 days before the month of publication. Please follow joined the Des Moines law firm of the same style published here and keep submissions short and to the point. For new Beving, Swanson & Forrest, P.C. A hires and promotions, the name of the law firm is not as important as the individual 1980 graduate of the University of involved, so mention the lawyer first. Always submit a photo of the subject. If it is Iowa, Rodney received his MBA to be digital, please use the “.jpg” format only. Make all submissions in plain text or and J.D. from the University of Microsoft Word “.doc” format via e-mail to [email protected] and please do not Rodney L. Iowa in 1992. He has a general expect late submissions to be published immediately. We need at least a 30-day interval Janssen practice including, but not limited before publication. Include office phone number and name of the person furnishing the to, business law, corporate law, real estate, wills, copy. Questions? Call the ISBA communications director at 515-243-3179. trusts, estate planning and probate law. Thank you for your assistance.

28 THE IOWA LAWYER February 2007 Tricia Iowa Legal Aid kicked off the 2006 Campaign for Equal Hoffman- Justice in July to raise funds to provide low-income Iowans with Simanek and critical legal issues involving abuse, health care, housing, Marty L. utilities, public benefits and other basic necessities. Law firms (Sutcliffe) that donate at least $250 per year for each lawyer in their firm Rowlet recently distinguish themselves as members of the Campaign’s elite Tricia Marty L. became members Hoffman- (Sutcliffe) Leadership Circle. Contributions from the firm or from of Shuttleworth & Simanek Rowlet individual lawyers count toward the firm’s eligibility for the Ingersoll, P.L.C. Leadership Circle. Whether a firm has one or 70 lawyers, it can be a part of the in Cedar Rapids. Tricia is a 2001 graduate of the Leadership Circle and help ensure equal justice for low-income Iowans. University of Notre Dame Law School. Marty is a These law firms joined the Leadership Circle in December 2006: 2001 graduate of the University of Iowa College Beving, Swanson & Forrest, P.C. of Des Moines; Elderkin & Pirnie, P.L.C. of Cedar of Law. Rapids; Goodman & Associates, P.C. of West Des Moines; Harding Law Office of Des Moines; Law Office of Larry James, Jr. of Des Moines; Lorelei Heisinger, Attorney at Jeffrey D. Harty was recently elected to the Law of Waterloo; Kane, Norby & Reddick, P.C. of Dubuque; Max Schott & Associates, position of managing partner for McKee, P.C. of Des Moines; Perkins Law Office of Fort Dodge; Rush & Nicholson PLC of Cedar Voorhees & Sease, P.L.C. in Des Moines. He took Rapids: Staff of Iowa Legal Aid, statewide; Wandro, Baer & Appel, P.C. of Des Moines; control as the leader of the 18-attorney firm and Anonymous (1). beginning Jan. 1. An Iowa native, Harty received a The following firms joined the Leadership Circle earlier in the 2006 Campaign: degree in industrial engineering from Iowa State Ahlers & Cooney, P.C. of Des Moines; Steven C. Anderson, Attorney at Law PLC of University in 1991, and a law degree from the Iowa City; Anderson & Tully, P.C. of West Des Moines: Baker, Johnsen & Sandblom of University of Iowa College of Law in 1995. In Humboldt; Lee B. Blum of Hampton; Bradley & Riley, P.C. of Cedar Rapids; Buchanan, addition to his practice as an intellectual property Bibler, Buchanan & Gabor of Algona; Campbell Law Firm of Des Moines; Cassel, attorney, Harty is an adjunct professor with Drake McMahon & Stowater of Algona; Martin A. Diaz Law Firm of Iowa City; Leif D. Erickson University Law School. of Sioux City; Faegre & Benson, L.L.P. of Des Moines; John P. Fahey, P.C. of Omaha; Fitzgibbons Law Firm of Estherville; Fitzsimmons & Vervaecke of Mason City; Fulton, Tim Coonan has joined the Martin & Andres, P.C. of Waterloo; Gunderson, Sharp, Walke, L.L.P of Des Moines; Iowa Association of Electric Harrison & Dietz-Kilen of Des Moines; Hayes Lorenzen Lawyers PLC of Iowa City; Heiny, McManigal, Duffy, Stambaugh & Anderson, P.L.C. of Mason City; Hemphill Law Cooperatives (IAEC) as the Office of Spencer; Victoria L. Herring of Des Moines; Clint Hight, P.C. of Greenfield; Director of Government Relations. Jackson & Jackson, P.L.C. of Cedar Rapids; Thomas A. Krause, P.C. of West Des Moines; Previously, Tim served as a Kuehnle Law Office of Mechanicsville; Lane & Waterman, Davenport; Mahaffey Law legislative research analyst with Tim Coonan Office of Montezuma; Michael R. May, Attorney at Law of Indianola; Meardon, Sueppel the Iowa House Republican & Downer, P.L.C. of Iowa City; Mellon & Spies of Iowa City; Meyer Law Office of Caucus staff and spent three years in Washington, Chariton; Olson Law Office, P.C. of Des Moines; Charles W. Orr of Coralville; Phelan, D.C., as a legislative analyst for a multi-client Tucker, Mullen, Walker, Tucker & Gelman, L.L.P. of Iowa City; Riccolo & Semelroth, lobbying firm. He earned his J.D. from Drake P.C. of Cedar Rapids; Elizabeth A. Rosenbaum of Sioux City; Sayre, Wittgraf & Meloy of University in 2002 and his B.A. degree in political Cherokee; Schroeder & Anderson of Mason City; Shuttleworth & Ingersoll, P.L.C. of science from Drake University in 1996. Cedar Rapids; Dale B. Smith of Sloan; Kimberly J. Stamatelos of West Des Moines; Al Sturgeon Law Office of Sioux City; Randy Trca of Iowa City; Tripp, P.C. of Pella; Bridget Shapansky has Valentine Law Office, P.C. of Fort Dodge: Wilson, Fowler & Fusco of Indianola; and joined Nyemaster, Goode, West, Zimmerman Law Office of Des Moines. Hansell & O’Brien, P.C. in Des For more information about the Leadership Circle, or the need of Iowa Legal Aid for Moines as an associate in the tax financial support, contact Scott Hartsook at 800-992-8161, or [email protected]. department. She graduated from the Gonzaga University School of Bridget Law in Spokane, Wash. in 2004. Shapansky Prior to that, she earned an Accounting degree from the College of St. , 9 " - E , 9 " -  °] - / ",- Ê Benedict/St. John’s University in 2001. She also ," , ", / "7 -// , --" /" earned a Masters of Tax Law degree, with honors, i`ˆV> ˜ÃÕÀ>˜Vi œ˜} /iÀ“ ˆÃ>LˆˆÌÞ from Northwestern University School of Law in ).352!.#% !'%.43 "2/+%23 i˜Ì> *iÀܘ> VVˆ`i˜Ì ˆvi ˜ÃÕÀ>˜Vi œ˜} /iÀ“ >Ài 2005. Bridget was formerly with KPMG, LLP as an associate in the international corporate tax and *>À̘iÀˆ˜} ÜˆÌ œ˜Ì>VÌ\ >ۈ` ° ˆ˜ˆ] 6ˆVi *ÀiÈ`i˜Ì federal taxation groups. `°>°vˆ˜ˆJÀiޘœ`ÇÀiޘœ`ðVœ“ x£x‡xxLJ£ÓxÓ œÀ iL ˆ}œÀi] VVœÕ˜Ì >˜>}iÀ `°Ž°Žˆ}œÀiJÀiޘœ`ÇÀiޘœ`ðVœ“ x£x‡nÇx‡{ÓÇ{ Îää 7>˜ÕÌ -ÌÀiiÌ] -ՈÌi Óää ià œˆ˜iÃ]  xäÎä™ nää‡ÇÈLJ£ÇÓ{ 8 x£x‡Ó{·ÈÈÈ{

THE IOWA LAWYER February 2007 29 The changing practice of poverty law – Retiring Dennis Kirkwood compares the 1970s with today By David Huston, Public Information Coordinator, Iowa Legal Aid (Editor’s Note: The poverty law career of Dennis One day between classes, I stopped by this was the career I wanted to pursue. Kirkwood, a managing attorney in the Central the neighborhood Legal Aid Office near Q. So why did you leave such a wonderful, Iowa Regional Office of Iowa Legal Aid, spans Drake and asked if I could volunteer. Art 34 years. Dennis worked for Legal Aid from rewarding career? 1972 to 1978, left for private practice and Anderson said, “Yeah, come in tomorrow.” A. By 1978, I had a family to support. I saw returned in 1999. That led to coming in three or four times Legal Aid having to turn away blue collar Following is an interview conducted with him a week. As a second year student, I was people needing low-cost representation. before his retirement at the end of January. It handed valuable projects: client interviews, Another Legal Aid lawyer, David Rasey, and provides an opportunity to reflect on significant document preparation, witness interviews. I started a law firm with a mixture of changes in how civil legal assistance is provided It became a part-time job and then a and the challenges in continuing to provide clients who could pay the going rate and equal access to justice for those without the means full-time job when I passed the Bar in clients who could pay a partial fee. Later, to hire counsel.) 1973. I got to work with people such as I practiced with Mike Cunningham and Bob Oberbillig, Alfredo Parrish and Tom Jim Meade. Q. How did you end up working for Legal Harkin and it was fun and challenging. Aid rather than pursuing a more Q. When did you leave private practice? traditional practice? As a freshly-minted lawyer, I loved being in court within a week of starting and in A. In 1993, with my daughter safely in A. During my undergraduate years at college, I left to pursue my life-long dream , I took a business law class the Iowa Supreme Court within a year. I loved to win cases deserving to be won. of open ocean sailing. I’m not the only taught by Mike Stapleton, a private attorney who left the Bar to go bar attorney in Dubuque. For a rather dry I loved seeing people get their stories before judges when that would not have hopping in the islands. David Linquist subject, he talked about the law in terms of (Drake Law alumnus and former State of social justice with such enthusiasm and happened without my involvement as their advocate. The rewards were definitely not Iowa Industrial Commissioner), Leo passion that I wanted to be a lawyer like Oxberger (who jumped from the Court of him. So I went to Drake Law School on my financial, but I found deep satisfaction on a moral level which led me to conclude Appeals bench into his sailboat-towing G.I. Bill after serving in the U.S. Navy. truck on retirement day) and Bob Oberbillig (former Legal Aid Society of Polk County Director, Drake Law graduate Mediations and Arbitrations and now a Drake Legal Clinic teacher) also pull up sails. Michael F. Lacey, Jr. Jeffrey A. Boehlert Q. Why did you decide to return to Legal Aid

*Thirteen years experience in civil litigation *Specializing in personal injury, commercial litigation, to practice poverty law again? mediations and arbitrations professional negligence and product liability A. During a break between trips, my sailing mediations *Member, American Board of Trial Advocates, the buddy, Bob Oberbillig, said he needed *Approved panel mediator for Resolute Systems American Academy of ADR Attorneys and the someone to pick up a caseload for a staffer American Arbitration Association on leave. So I said, “Sure, why not?” It was a [email protected] [email protected] lot of fun. The work was really satisfying – a lot more interesting than my private Over 50 years combined civil litigation and trial experience practice had become. Bob called me for 515-283-2147- 505 Fifth Avenue, Suite 729, Des Moines, Iowa 50309 another “short term” stint a while later, then another and it turned into a regular job. The work was challenging and rewarding. Young attorneys at the office MEDIATION SERVICE had that enthusiasm, like the old days. The clients were challenging – different cultures, different situations. I had matters David E. Funkhouser that don’t come up in a “bread and butter” Brown, Kinsey, Funkhouser & Lander, P.L.C. practice. People without money are so vulnerable to financial predators and 214 North Adams women facing violence need an advocate. Mason City, Iowa 50401 There’s a lot of satisfaction in giving back after success in a legal practice. It’s not Phone: 641-423-6223 always about money. Q. How has the environment for providing Facsimile: 641-423-9995 civil legal assistance changed? Email: [email protected] A. In the heyday when I started working at Legal Aid, we had 27 attorneys in Polk County alone. Now we have 7 attorneys to 30 THE IOWA LAWYER February 2007 represent Polk and the surrounding 13 happen. This is a real headache for child into serving the neediest, but dropping counties. Reductions in federal funds have support modifications, where an under- marginal clients. Some agencies get so been further constricted by economic funded state agency can’t process matters backlogged they are forced to stick to downturns impacting state and county fast enough to realistically help people. mission at the expense of fairness. donations. A recent study found that Increasing numbers of clients are told Meanwhile, Iowa’s low-income low-income Americans today do not have to get a court order on child support population is growing and becoming a lawyer to help them with 80 percent of modifications. The Child Support more complex. It includes a mixture their civil legal problems. Recovery Unit has a lopsided mandate: to of immigrants who have all the other Although Iowa Legal Aid serves more collect child support from someone, disadvantages previous clients had, but also than 1,550 households every month, due regardless of whether the support determi- face language and cultural barriers which to limited resources it is forced to turn nation is still fair or accurate. The drive to complicate their world. away 900 more who need our help. An collect support for kids is good public Q. What advice do you have for attorneys who unfortunate reality is that around half of policy but, when the orders are no longer want to fulfill their pro bono obligation by help- those who receive services only get counsel correct, can have some bad outcomes. ing clients through Volunteer Lawyers Projects? and advice or brief service, but do not Issues low-income Iowans face are also A. This could be the most rewarding work receive the full services they need. The changing. The predators have become of your career. It’s probably part of the dramatic increase in families affected by much more sophisticated. Instead of a reason you chose this profession and will methamphetamines and domestic violence small used car lot selling a salvaged bring you back to the ideals you had as a often requires Iowa Legal Aid to focus on vehicle to one naive buyer, we have more first-year law student. That doesn’t mean imminent family safety matters at the sophisticated sellers making empires out of the work is easy, with immediate gratifica- expense of long-term solutions, such as complicated and difficult-to-fight schemes. tion. You come face-to-face with people dissolutions and custody cases. Although We have seen a well-orchestrated real whose lives are challenged with the hardest new telephone and Internet services help estate scam selling millions of dollars social conditions. Cases are often compli- Iowa Legal Aid do triage, it doesn’t help worth of houses to hopeful low-income cated and real solutions are elusive. It with the undereducated, people with little people and a growing Hispanic population. reminds you of how lucky you are and why Web access or foreign language speakers. Agencies charged with helping disadvan- you work so hard for your family. It will A brighter side of the current environ- taged people are having a much more remind you of little nooks and crannies of ment is the tremendous support of the difficult time. Squeezed by funding and Iowa law that you hardly ever deal with to private bar. We have a much larger private regulatory pressures, agencies have evolved protect people from a raw deal. bar involvement in all counties of the state than when I started. Attorneys who take a few pro bono cases each year through the Volunteer Lawyers Projects are a huge asset to the low-income population. By spread- ing the load of cases involving issues with which private, government and corporate attorneys are familiar, we can focus on the most difficult clients and poverty law mat- ters with which our program has expertise. Financial contributions from attorneys throughout the state also help Iowa Legal Aid keep its doors open. Q. What do you think are biggest challenges in providing access to justice for low-income Iowans today compared with 1970? A. One of the biggest challenges is simply that many of the major issues low-income Iowans face today offer the least financial return for attorneys. We need to expand our pro se access to routine matters, such as divorce, visitation, simple custody and child support. These matters widely affect low-income people who have no source for attorney fees except their own pockets. As incomes are strained, where does this money come from? More issues are going to court because people don’t resolve issues privately or through other alternatives. Government structures get so backed up it often takes a court decision to make simple things

THE IOWA LAWYER February 2007 31 Practice poisons and antidotes - Suggestions for achieving fulfillment and balance in a demanding profession By Tom Waterman* (Editor’s note: The following is an excerpt from a be your commencement speaker and I bar review cram courses, but continues speech Tom Waterman gave to graduating law congratulate the graduates on earning throughout your careers. students at the University of Iowa College of Law your law degrees. I can see the pride, joy My topic today is “Suggestions for in December. It is being reprinted here because it contains some good reminders for all attorneys, and relief in the eyes of your assembled achieving fulfillment and balance in a especially as their practices grow and consume families and friends. I hope that you demanding profession – practice poisons more of their time.) believe in your hearts that what lies ahead and antidotes.” My ideas come from 22 is not just a job, but the opportunity to years in an intense litigation practice and Thank you, Dean Jones, faculty, and the practice in a noble profession. Your from experiences shared with my attorney Class of 2006 for this honor. I am proud to learning does not end with the upcoming spouse as we raise four daughters, including triplets, and still make time for marathons and ironman triathlons. Family first The first rule is “family first.” Tend the home fires. My spouse of 19 years is a family law practitioner – a divorce lawyer – who deals routinely with broken families and the consequences of failed marriages. Merchants Bonding Company When too many evening phone calls became an issue, Maria told her clients For over 70 years we have been writing probate bonds in Iowa. she’d charge time and half for calls that reasonably could’ve waited until the More than 400 attorneys in Iowa write bonds with Merchants. next business day. Peace was restored at Our convenient website our home. www.merchantsbonding.com “Crack berries” are great tools for makes it easy to write these bonds. road warriors, but use the “off” switch upon arriving home and don’t let office For more information call 1-800-678-8171 phone calls or e-mails trail you to the dinner table. A challenge, especially in a family law Fiduciary Losses practice, is to keep from getting emotionally involved in your client’s cases. If you do, The Facts you’ll suffer burnout. Your clients are Fiduciary bond losses are increasing at an alarming rate. The entitled to and are best served by your objective, professional, dispassionate advice. increase are in claims under $20,000 and those over $100,000. Many of our elders in the greatest generation believed law could only be a The Solution full time profession. Today part time and 1) Recommend a bond for complete protection. Often losses flex time opportunities abound and occur where least expected. sabbaticals are gaining acceptance. Others have blazed those trails for you. But the 2) Suggest that your client consider joint control, especially law remains a jealous mistress. if the principal lacks business experience or might have Community involvement financial problems. Joint control helps to protect the A vitally important way to achieve individual being bonded. fulfillment and balance is to give back to your communities and your profession. 3) Require annual reports. Many sizable claims could have Those of you who volunteered for Hurricane Katrina assistance gained great been substantially reduced by proper supervision. experience and generated wonderful karma. Your time and talent will also be 2100 Fleur Drive • Des Moines, Iowa 50321 needed in your local civic organizations. (515) 243-8171 • 800-678-8171 At Lane & Waterman, we strongly encourage our lawyers to get involved in Iowa’s Largest Surety* the community and the bar associations, at least after they have had a few years to get A.M. Best Rating A (Excellent Category) grounded in their practices. We donate * According to the Surety Association of America. time to the local legal aid clinics and other nonprofits. When we evaluate associates

32 THE IOWA LAWYER February 2007 for partnership, we consider whether they be lost quickly. Judges are like elephants, kept their cool and responded calmly and have obtained a leadership position on the they’ll never forget if you mislead factually, with a tinge of righteous indigna- board of a local charity or other civic them, and word gets around the local tion. On the drive back to Davenport my organization and are active in the bar. courthouse, if not nationwide. dad commented: “I don’t think the Detroit Such service is a welcome change of pace hardball tactics went over well with Judge from your caseload. Bad outcomes Nelson. It will be interesting to see what he Personally, I think it is better to deeply Bad outcomes are the second poison. does.” The ruling came a few days later dis- commit yourself to one or two nonprofit Will Rogers said, “Good judgment comes missing most of the plaintiff’s case on the boards than to spread yourself too thin from experience; experience comes from court’s own motion. and serve on many while accomplishing bad judgment.” Presumably the lawyer The Iowa Bar is superb and this is a very little. Pitch in with great relish, and local shell-shocked at the Seventh Circuit pleasant state to practice law. But now and business leaders will notice – and become researched his next appeal more carefully. then you will get a poison pen letter. Don’t your paying clients. A partner and I lost a closed-head injury respond in kind with anything you would Get involved in your local bar case with a verdict of $1.7 million, not want to see published in open court. associations and the state bar, including $200,000 more than our farmer clients’ Wait until you cool off and edit the purple the Young Lawyers Division. It is a wonder- liability insurance limits. This literally put prose out of the first draft of your letter ful way to network and bond with other their family farm in jeopardy. I spent far or tone down your e-mail before you lawyers. Speak at your local schools at law more time analyzing everything about that hit “send.” day. Proselytize on the importance of the trial, and I learned far more from that loss Judges don’t like lawyers attacking rule of law and an independent judiciary. than from cases in which I had simply won lawyers and you have an affirmative duty To best balance competing demands and moved on. We ultimately settled the to try to resolve disputes before bothering on your time, you will need to manage loss within policy limits and saved the farm. judges with them. If you are the victim of poisons that without antidotes can sap the The best way to avoid bad outcomes is false accusations, set the record straight joy from practicing law. The poisons by thorough preparation and managing without slinging mud yourself. You might include: shame, bad outcomes, incivility expectations, but they still happen. The remind the court that lawyers without and stress. I’ll illustrate with a war story. antidote afterwards is to learn everything the facts on their side argue the law; if you can from the experience. the law also is against them they attack Shame Other good advice: get help right away; opposing counsel. A few years ago I was arguing a case if you are in a hole, don’t keep digging. before the Seventh Circuit Court of And never sit on bad news. Deliver bad Appeals in Chicago, and heard about what news accurately and promptly to your transpired there a week earlier. A young partners and to the client. lawyer had approached the podium, proud to be arguing a case one step below the Incivility United States Supreme Court, and A third poison is incivility. The antidote recalling his law school training, he began is civility. You should treat everyone – from with the salutation, “May it please the all walks of life – as if they might be on court,” only to be immediately interrupted your jury some day. Be friendly with clerks by a judge who said, “WHY SHOULD WE and court attendants, they do a great job LISTEN TO A WORD YOU ARE ABOUT on the front lines of our judicial system. TO SAY?” The young lawyer stood stunned They talk to the judges deciding your like a deer in headlights while the judge cases, and can help you with advice. raised a question of subject matter You inevitably will face incivility. The jurisdiction that he had overlooked. He temptation will be to reciprocate; don’t lost the appeal and tasted the poisons. take the bait. What was commonly called First, of course, he tasted the shame of “Rambo litigation tactics” are almost always poor performance. The obvious advance unproductive. They inspire the opposing antidote is careful and thorough lawyer to work harder. preparation and avoidance of situations You owe your clients a duty of zealous you are not competent to handle. advocacy, but your client’s goals are rarely Another source of shame arises from advanced through incivility. Don’t be part cheating or taking ethical shortcuts; of the problem. Incivility can backfire, Big temptations are out there and you must Time. resist them and counsel your clients to Our firm was defending Owens-Corning resist. As my uncle, Dinny Waterman in a lawsuit arising out of the multimillion advised his more aggressive tax clients, dollar Clark College fire and the plaintiff’s “Life’s too short to spend any of it in jail.” subrogation counsel from Detroit had a Always take the high road ethically. “scorched earth” approach to litigation. Iowa takes justifiable pride in being one They made the mistake in open court of of the strictest states at enforcing lawyer impugning the integrity of one of the pil- discipline. We police our profession well lars of the Dubuque defense bar, Bill and you should never put your license in Fuerste, and my dad, Bob Waterman, jeopardy by crossing the line. Develop and Senior, both of whom were held in high protect your reputation for integrity; it can regard by the trial judge. The Iowa lawyers

THE IOWA LAWYER February 2007 33 Stress in your evidence or some other with both consistency and variety. Nothing The fourth and most prevalent poison is problem you sure wish you had more beats stress better than good physical stress. Some stress in our profession is time to address. exertion. It can cure writer’s block, and normal and expected. It simply means that Client emergencies arise unpredictably sometimes the best insights to thorny you care about the outcome and that the without respect to your other deadlines. legal problems will come to you with a outcome is important. So, write the brief a week early. Polish it change of scenery on a beautiful hike or My dad tried hundreds of jury trials the next day with a clear and calm mind bicycle ride. and said he always got butterflies in his and you will have a better product. It just Finally, balance also requires cultivating stomach standing in front of the jury, and takes discipline. passions outside of the law. No one on his that if the day ever came that he didn’t, it Stress is also generated by dealing with or her death bed wishes he or she had would be time to quit trial work. Roxanne difficult people and by doing types of work spent more time at the office. Don’t Conlin and I argued class action certifica- you dislike. Early in your career you may neglect your dreams until it is too late to tion appeals to the Iowa Supreme Court have to take every case that comes in the pursue them. on the same day, hers in the Microsoft case door or just do the work assigned by more Doing an ironman was a dream of mine. she is currently trying in Des Moines and senior lawyers. As soon as possible, be There is an amazing collective energy in mine on the Allied Mutual class action that selective, screen your cases well and watch the ironman triathlete community. The paid out a record settlement of $100 out for the red flags, especially wannabe events, set in gorgeous locales – begin with million to our clients. Roxanne told me clients who have already changed lawyers a mass start of over 2,000 participants ages that even after doing hundreds of oral repeatedly. Learn to just say no, except, of 18 to 80 for an open water swim of 2.4 arguments she gets so nervous she nearly course, to senior partners. miles followed by a 112-mile bike ride and throws up. I suspect she exaggerates, but Cultivate passion for your career. then a 26.2-mile marathon run – all to be the point is stress is inherent in the life Develop expertise in areas of the law you completed between 7 a.m. and midnight. you’ll lead if you are taking on most enjoy. It may take years and much The ironman experience taught me that challenging cases. experimentation before you zero in on the with the support of loved ones, hard One antidote is preparation. Channel type of practice or niches that you love. work and a good plan you can your anxiety into hard work. Another Find your calling. accomplish anything. antidote is very simple and obvious but A great antidote to stress is exercise. It *Tom Waterman is a fourth generation Iowa often ignored. Finish well ahead of can also help keep the pounds off as you lawyer and partner with the Davenport firm of get older. The easiest thing to do when you Lane & Waterman LLP. He practices primarily deadlines. Procrastination increases stress. in the areas of commercial litigation, product It is no fun to try to write a brief the day it are busy is skip a workout, but that’s when liability, and class action law, and serves as a is due only to have your computer crash, you need exercise the most. Find activities mediator in civil cases. He received his BA from Dartmouth College in 1981 and his JD from the or to discover a new line of cases, or a hole you enjoy doing, to improve the odds University of Iowa College of Law in 1984, you’ll get into a routine of regular exercise where he was Order of the Coif.

Recently, MLM, a lawyers professional liability insurance company, surveyed over 400 of its customers. Of those, over 95% said they would recommend MLM to others. Here’s why:

“Personal yet professional, especially like the prompt responses to any Even a lawyer questions or needs . . . and for the policyholder dividend as well.” can’t argue with “I am a new customer and I have been very pleased with the application assistance I have received, and with the quote and online these results. purchasing option.” “High level of service and an understanding of the profession that a general insurance company does not have.” “Good, solid product; reasonable fair pricing; always in the market.”

© 2006 Minnesota Lawyers Mutual. All rights reserved.

800.422.1370 | www.mlmins.com

34 THE IOWA LAWYER February 2007 CLASSIFIED ADS

general litigation, estate planning and domes- PUBLISHER’S NOTE tic relations. Compensation based on experi- E-mail submissions to the CLASSIFIED ADVERTISING section are requested. They save ence. Send resume to Cindy Humke, Brierly keystrokes, thus cutting down on our production time, and help to assure accuracy. Charnetski L.L.P., 211 First Avenue West, P.O. Please follow the style of the ads appearing here, indicate the classification where you want Box 726, Newton, IA 50208 or email your ad to appear and state how long the ad is to run. Each ISBA member of a private law [email protected]. (4-07) practice receives two free insertions annually. Corporate and government attorney members of the association receive the same free privileges for their business, non-employer-related ASSOCIATE ATTORNEY – AV-rated Des ads. If you have questions, call Steve Boeckman at 515-243-3179. E-mail your copy to Moines law firm seeks associate with 2-5 years [email protected] general practice experience to work in Adel The number appearing in parentheses after each ad is not a box number. It indicates the office and live in Adel. Please send resume to: date the ad will be pulled from the magazine. (TF) indicates the ad will run until we receive Hopkins and Huebner, P.C., 2700 Grand Ave., instructions to pull it. Deadline for submissions is the first of the month prior to the month of publication. Des Moines, Iowa, 50312. Attn: Matt Grotnes. (3-07) COMMERCIAL ADVERTISERS: Contact Shannon Espenscheid, 641-474-2280 or David Larson, 515-440-2810. ATTORNEY – A Cedar Rapids law firm con- sisting of four attorneys is seeking an attorney civil case prosecution and Federal Consumer to fill the position of one who is leaving the Positions Available Law; including the Truth in Lending Act firm, preferably someone with a minimum of two years experience. However, a recent grad- ASSOCIATE POSITION – Pansing Hogan (TILA) and Reg Z, the Fair Credit Reporting uate will be considered. The firm’s primary Ernst & Bachman LLP is accepting resumes Act (FCRA), and the Fair Debt Collection practice includes litigation, municipal and for an associate position in the areas of tax Practices Act (FDCPA). Law degree and labor law including representing many public and estate planning. Applicants must have at memberships to the State and Federal Bars employers. All inquiries shall be held confi- least 2 years experience in private practice for Nebraska and Iowa required. Excellent dential. This position has potential for signifi- and an educational background with a strong communication skills both verbally and cant income. Send resume, professional business and tax or accounting emphasis. written and the ability to manage multiple, references and letter of interest to The Iowa Please submit a resume, law school transcript concurrent projects a must. Excellent benefits Lawyer, Code 121106, 521 East Locust Street, (if less than 4 years experience) and refer- and salary commensurate with experience. Des Moines, Iowa 50309. (3-07) ences with a letter of interest to James D. For consideration, please send resume and Buser, Pansing Hogan Ernst & Bachman, LLP, writing sample to: Christina Mays, Human 10250 Regency Circle, Suite 300, Omaha, Resources Manager, 4885 South 118th Street, Career Center Suite 100, Omaha, NE 68137. (4-07) Nebraska 68114. All contacts will be kept ARE YOU SEARCHING for a new associate confidential. (SE) ASSOCIATE SOUGHT – An eight-person, or law partner? Are you looking for a AV-rated firm in Burlington is seeking an asso- different full- or part-time position? Go to ATTORNEY – Small law firm in West Des www. iowabar.org and click on the ISBA Moines seeks attorney with outstanding ciate attorney with 2-5 years experience. Career Center. (TF) credentials, 10+ years of experience and an Experience in business law, tax and real estate established client base. The firm provides matters is preferred but not required. Please general legal services to small businesses and send confidential letter of interest and Expert Software individuals, with a strong emphasis on client resume to Aspelmeier, Fisch, Power, Engberg LegalWorks Guidelines for Iowa. Windows service. All inquiries will be kept confidential. & Helling, P.L.C., P.O. Box 1046, Burlington, version. Calculates child support pursuant to Please send resume to: The Iowa Lawyer, IA 52601. (4-07) Iowa child support guidelines worksheet and Code 122906, 521 East Locust Street, client’s financial affidavit. Call 888-282-5291 ASSOCIATE ATTORNEY – Brierly Des Moines, IA 50309-1939. (4-07) for pricing and delivery information. Charnetski, L.L.P. is seeking a partnership- Satisfaction guaranteed. LegalWorks Software, track attorney with 2 – 5 years experience to ASSOCIATE ATTORNEY – AV-rated P.O. Box 22127, Des Moines, Iowa 50325. work in firm’s Grinnell office in the areas of 3-person law firm in Central Iowa county seat www.legalworkssoftware.com (SE) seeks an associate attorney for our general transactional, probate, corporate, real estate, law practice. We will consider qualified recent graduates or attorneys with up to 3 years experience with a view to partnership. Please send confidential letter of interest and resume to Roger R Schoell, P.O. Box 776, Marshalltown, IA 50158 or to [email protected]. (4-07)

ATTORNEY – BRUMBAUGH & QUANDAHL, P.C., LLO is a medium-size law firm located in Omaha, Neb. and is currently seeking resumes for an attorney. The firm represents creditors in civil litigation in State and Bankruptcy Courts throughout Nebraska and Iowa. Applicants must have at least 5- years experience in litigation in the areas of representing creditors in Bankruptcy Court, THE IOWA LAWYER February 2007 35 CLASSIFIED ADS

personally liable for the amount of medical Office Space Available assistance paid on behalf of the recipient if a Experts DOWNTOWN DES MOINES – Office space distribution is made without having executed FINANCIAL INVESTIGATIONS: Certified available in law offices located in the U.S. the obligations pursuant to section 633.425. Fraud Examiner Kerry Bolt & KAB Financial For further information, contact: Ben Bank Building across the street from the Investigations, a forensic accounting business, Chatman, 877/463-7887, 515/725-1005, Polk County Courthouse. Includes phone offer 28 years experience as a Federal www.iowa-estates.com. (SE) system with voicemail, copier, fax, kitchen, Treasury agent and one year in private lounge, two conference rooms, and free client NOTICE CRIME VICTIM practice. Have conducted criminal & civil parking. Receptionist provided and paralegal COMPENSATION SUBROGATION. investigations of tax evasion, embezzlement, services available. Phone 515-252-7501. Do you represent a client who has received theft, fraud, divorce, wrongful termination, Fax 515-282-8470. (SE) medical benefits, lost wages, loss of support, drug trafficking, money laundering. Available counseling or funeral and burial assistance skills include investigating and locating evi- from the Crime Victim Compensation dence, tracing & tracking the flow of funds Vaction Rental Program of the attorney general’s office? and assets, interviewing witnesses, analyzing VACATION OR YEAR-ROUND RENTAL – When your client applied for compensation records, preparing analyses and summary fact Watch the Sunset over Clear Lake, Iowa. benefits, a subrogation agreement was signed reports, and testifying in court (Federal & Three-bedroom, three-story condo at the pursuant to Iowa Code section 912.12 (1995). State); references available. Contact: (319) The attorney who is suing on behalf of a crime Harbourage on the North Shore. Exquisitely 373-2206/(319) 213-2320, E-mail: victim should give notice to the Crime Victim [email protected], Mail: KAB decorated and fully furnished. With four Compensation Program upon filing a claim decks, grill, boat hoist, covered parking, on behalf of the recipient. The Crime Victim Financial Investigations, PO Box 231, Marion, indoor and outdoor pools, tennis courts, Compensation Program will pay a prorated IA 52302-0231 (SE) basketball court, exercise room, party room, share of the expenses incurred in obtaining a and shelter house. Available 4/1/07 by the judgment or verdict. Questions? Contact Rob Architecture and Construction Expert week, month or year. Lad Grove at Wheeler, Program Administrator, Crime Witness – Architect, and Contractor, 34 years 515-232-8579 or 515-290-8305. (4-07) Victim Assistance Division, 515-281-5044. (SE) experience. Available to assist plaintiff or defense attorneys. Specializing in: Personal • Building Codes Miscellaneous Uniform Building Codes (UBC, UMC, NOTICE: –MEDICAID RECOVERY IF DEPRESSION, STRESS, ALCOHOL UPC, UEC, UFC) – Americans with PROGRAMS: Casualty Lien Recovery – OR DRUGS are a problem for you, we can Disabilities Act (ADA) – OSHA – Iowa Code 249A.6 provides that the Iowa help. We are a non-profit corporation International Building Code (IBC) – Life Department of Human Services has a lien offering attorneys free help in a totally Safety Code (NFPA 101) – Council of against the recovery recipients obtain confidential relationship. We are the Iowa American Building Officials(CABO) from third party tortfeasors. An attorney Lawyers Assistance Program. Under order of • Industry Standards representing an applicant for, or recipient the Iowa Supreme Court, all communication American Institute of Architects (AIA) – of, assistance on a claim upon which the with us is privileged and private. Our director Associated General Contractors (AGC) – department has a lien under this section is a former lawyer, a recovering alcoholic and National Fire Protection Association shall notify the department of the claim. For drug addict. He is a trained substance abuse (NFPA) – American National Standards further information, contact Victoria Vivirito, counselor and an Employee Assistance Institute (ANSI) – American Society of 515/725-1007. Professional (EAP). We cannot help unless Estate Recovery – Iowa Code 249A.5(2) Testing Materials (ASTM) – Underwriters you call – 515-277-3817 or 800-243-1533 – or provides that the provision of medical Laboratories (UL Standards) – American assistance creates a debt due the department message (in confidence) [email protected]. Society of Refrigeration Engineers from the individual’s estate for all medical All you have to do is ask us to contact you. Association (ASREA) assistance provided on the individual’s behalf No other details are necessary. We will call • Usual and Customary practices for those recipients 55 years of age or older you. The Iowa Lawyers Assistance Program Safety – Owner – Contractor relations or a resident of a facility. The personal also can provide speakers for local bar Undocumented agreements / Change representative or executor may be held associations. Just ask. (TF) orders / Cost overruns Workmanlike craftsmanship – Construction methods Licenses, Affiliations and Memberships: Architectural Licenses: Iowa, Nevada, Indiana – National Council of Architectural Registration Boards Litigation Support | Corporate Services (NCARB) – International Conference of Building Officials (ICBO) – Iowa Association of Building Officials (IABO) – National Safety Council (NSC) – Iowa/Illinois Safety Council (IILSC) – National Fire Protection Association (NFPA) John G. Kujac, NCARB • 515-795-4001 (SE)

Pro Copy | 455 SW 5th Street, Suite A | Des Moines, IA 50309 | 515.243.1891 | 1.888.243.1891 Pro Copy | 8710 F Street, Suite 128 | Omaha, NE 68127 | 402.341.6400 | 1.888.341.6400

36 THE IOWA LAWYER February 2007 Lawyer by day, runner by night – Carter Stevens uses his passion for running to keep his mind sharper for clients By Steve Boeckman, Editor

By now, Carter Stevens probably knows while at every nook and cranny and every bump in getting his undergrad- the road on the running trails in and uate degree in liberal around downtown Waterloo. arts with a major in That’s because the 46-year-old partner in biology. There, he ran the eastside Waterloo firm of Roberts, the intermediate Stevens & Prendergast, P.L.C. has been hurdles and the steeple running downtown and eastside routes chase, as well as being since he was 14 years old – 31 years to part of the mile relay be exact. team during track “Once running gets in your blood, it’s season from January to difficult to stop,” he shrugs. “Injuries or May. During the fall, death are about the only thing that’ll stop he ran cross country. a dedicated runner.” It was while they Carter generally works out three times a were classmates at day. He starts with an hour session in the Luther that he morning either running or riding a convinced Michele, stationery bicycle. That’s followed by an who is now his wife, hour workout at noon usually running or to get involved in yoga exercises – something he started running. First he Carter Stevens holds a picture taken at one of the races in which he competed. about five months ago. He also tries to get persuaded her to run He tries to run in a race every week or two. His goal is to qualify for the 2008 in a half-hour session in the evening, one mile, then two Boston Marathon. although that can sometimes be difficult miles. Now running is a local heating and plumbing company, because he serves as the city attorney for part of her life, too, he says. almost always wins her age group in a seven towns around Waterloo and must He and Michele, try to run together at race. And, recently his oldest daughter attend night city council meetings. least three times a week. They also try to had a chance to run in the state cross This kind of exercise regimen benefits include their oldest daughters – Kirsten, country meet. his law practice, he says. It helps him clear 15, and Haley, 13 – in those runs a couple “It’s fun to watch them (daughters) do his mind so he is more patient with clients of times a week. well,” he says. and is a “lot more alert.” As a result, he is “Sometimes it’s difficult to get the He credits a number of role models, much more efficient and more effective, girls up at 5:30 in the morning to run,” including fellow Waterloo attorney Dave he says. Running, especially, helps him sort he laughs. Dutton, for keeping him interested in out the jumbled thoughts in his mind after Normally a runner should alternate a running when he first started out. Dutton, a stint in the office. tough day with easier days, Carter says. who is in his upper 60’s now, still runs with Over the years, Carter has mentored He tends to run mostly the same every his grandchildren. Actually, “there are a lot numerous people in the sport of running. day, and uses races as his tough days. of lawyers around who run or have run,” His most recent mentoring “project,” as he Depending on his schedule and the he says. calls it, also pays off in his legal work. At season, he tries to compete in a race every “It’s a lot healthier than going out noon, he frequently runs with his law two weeks, sometimes every week. It’s drinking,” he adds. partner Heather Prendergast, who joined relatively easy to find a race every weekend On an average day, the 1987 University the firm a year ago. The two of them have in Iowa, except for January and February of Iowa College of Law graduate logs seven been running together for three to four when it’s a little more difficult, he says. miles – three in the morning and four over years and it gives them a chance to talk Even though he has lost about a minute the noon hour. When he’s preparing for a about cases while getting exercise. Carter a mile off the times he posted when he was marathon or if he runs three times in a calls the runs “business runs.” at his peak, he still manages to beat most day, the total goes up to 10 miles. The trim father of three says he got his high school runners. “If I run a 5K race, I He also swims twice a week as a way of start running when he ran a quarter mile usually beat three fourths of the high varying his routine and providing therapy in under 60 seconds in a gym class while in school kids,” he says. for injured joints. junior high school. He continued running Michele, who is the comptroller for a His dedication to sports, especially

THE IOWA LAWYER February 2007 37 running, fits in well with many of the Carter says he does “pretty much Carter didn’t start out to be a lawyer. firm’s clients. Partner Jay Roberts is a everything” that can be done in a law However, when he was nearing the end of 65-year-old former University of Iowa practice except bankruptcy and taxes. He his undergraduate work at Luther, his football player and wrestler, who attracts also doesn’t do any complicated probate advisor told him there wasn’t much of a “lots of athletes in and out of here as work. About a third of his practice is career future in biology, and urged him to clients,” he says. As a result of Roberts’ municipal law with the balance in family take the LSAT. As it turned out, his connections, the firm has contacts with law, criminal law and workman’s background in science helped him in numerous coaches and athletic directors, compensation and personal injury law. law school. which “has been a lot of fun,” he says. He is trying to do more municipal work. After law school, he worked for the Beecher Law Firm in Waterloo for 10 years. In 1997, he and Jay decided it would be best for them to leave the Beecher firm and strike out on their own. “Our practice has always been kind of rough and tumble,” he says. “The Beecher firm focused a lot more on probate and business clients.” The decision was a good one. Carter says he has had “a real nice career.” He has done just about everything a lawyer can do in court, including defending five Class A felonies in his career thus far. The firm still prosecutes about four jury trials a year out of the approximately 100 jury trials a year %PZPVSTFMGBGBWPS that are held in Black Hawk county. It’s the municipal law that really interests him the most now, though. Since 1993 when he became city attorney for the town of Dunkerton, he has added six more communities to his list – Elk Run Heights, Raymond, Hazelton, Tripoli, Lamont and Fairbank. “It’s a less stressful thing to do, you’re constantly learning new things and you get

6TJOH5JUMF(VBSBOUZHFOFSBUFTSFWFOVFUIBUTVQQPSUTUIF *PXB'JOBODF"VUIPSJUZT'JSTU)PNFBOE'JSTU)PNF1MVTQSPHSBNT  5IJTDSFBUFTNPSFEPXOQBZNFOUBTTJTUBODFGPSmSTUUJNF IPNFCVZFSTBOENFBOTNPSFCVTJOFTTGPSZPV

nää°{ÎÓ°ÇÓÎäÊNÊx£x°ÇÓx°{™ää ÜÜÜ°œÜ>ˆ˜>˜ViÕÌ œÀˆÌÞ°}œÛ

5PEBUFJOWFTUNFOUPGNJMMJPOGPSmSTUUJNFIPNFCVZFSQSPHSBNT

38 THE IOWA LAWYER February 2007 addicted to the excitement of doing say it in so many words, one gets the “She wasn’t a runner. I got her hooked something,” he says. As a city attorney, he impression, he’s not sure that’s fair, even on running. Now she’s better than I am,” handles all of the prosecutions, municipal though he admires his wife’s running he smiles. ordinances and fire and police department accomplishments. matters along with everything else of a legal nature that comes up. “Little cities Members of the task force responsible for selecting candidates for the series are asking for help. If you know someone who is an outstanding lawyer and volunteer, please submit his or her name to: James R. Van have unique problems,” he says from the Dyke, 225 E. 7th St., P.O. Box 486, Carroll, IA 51401-08223; phone: perspective of having been an assistant city 712-792-9734; e-mail: [email protected]. attorney for Waterloo a couple of times. Carter and his family live in the small town of Denver about a 20-minute drive straight north of Waterloo. There he served on the school board for nine years, including as president for six years. “That was the best job I ever had – being on the school board,” he says. “It’s a perfect position for a lawyer to be in because he or she is already trained in constitutional issues.” When he’s not busy being an attorney, Carter dreams of winning marathons. In 1984, he set a goal of running in the Boston Marathon. He has never been able to qualify, however, in the few times that he has tried to make it into the granddaddy of all races. “I’m finally at an age where I know I can run within the time I need to qualify,” he says. His plan is to compete in a race in Rochester, Minn., this May that will certify him to run in the Boston Marathon in March 2008. Ironically, Michele ran in the Boston Marathon in 1988. Though he didn’t

THE IOWA LAWYER February 2007 39