Debate on Unpublished Opinions Heats Up: New Rule May Take Effect This Year

IOWAIOWATHETHE LAWYER LAWYERVVolumeolume 66 Number 4 April 2006 Debate on unpublished opinions heats up: New rule may take effect this year

ALSO IN THIS ISSUE – Legislative issues faring well – ISBA honors lawyers who volunteer for indigents – On Carhartts and the Hand of Law – Grievance Commission rules, part 2

THE IOWA LAWYER CONTENTS Volume 66 Number 4 April 2006 Exegesis – Salvo ...... 4 Around the Bar Published at 521 East Locust Umpublished opinions – Miller ...... 6 Confidentiality statements ...... 31 Des Moines, Iowa 50309 Steve Boeckman, Editor Legislative initiatives faring well Justice Thomas wows students . . . . . 32 515-243-3179 – Carney ...... 9 Mock trial officials plead for judges . . 34 How to contact your legislators ...... 11 Trial lawyers name new officers. . . . . 35 Admission on motion ...... 11 UI students help in New Orleans . . . . 37 Economic survey just around the corner . 13 Law school alums reminded Pro bono in Iowa: Honoring about golf match ...... 37 lawyer volunteers ...... 14 THE IOWA STATE BAR ASSOCIATION ISBA lending library ...... 32 OFFICERS 2004-2005 Leadership Circle ...... 16 Greivance Commission rules President, J. C. Salvo Transitions ...... 18 – Wieck ...... 33 President-elect, Marion Beatty CLE insert ...... Centerspread Mock Trial resolution ...... 35 Vice President, Joel Greer Immediate Past President, Nicholas Critelli, Jr. Book review: On Carhartts and the hand of law Executive Director, Dwight Dinkla How to capture, keep clients ...... 31 – Blink ...... 36 THE IOWA LAWYER Procedendo: Rememberring those (ISSN 1052-5327) is published monthly by The Iowa State who have gone ...... 38 Bar Association, 521 East Locust, Des Moines, Iowa 50309. Subscription included in membership fee. Non-members, Try the annual meeting on for size . . . . 39 $30 per year. Periodicals postage paid at Des Moines, Iowa. Classified Ads ...... 40 Postmaster: Send address changes to The Iowa Lawyer, 521 East Locust, Des Moines, IA 50309. Lawyer by day, community volunteer The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave., by night – Olson ...... 44 Des Moines, IA 50322. Telephone (515) 270-0402. Art Director: Peggy Card Classified Advertising Qualifying ISBA members – 2 months free; $75 thereafter ABOUT THE COVER Non-members – $110 for 100 words per insertion. The downward movement of the gavel See classified section for details. announcing a decision in a court case takes on For Display Advertising Rates Contact David R. Larson (515) 440-2810; or write: new meaning as the legal community wrestles The Iowa Lawyer, c/o Larson Enterprises, 909 50th St., West Des Moines, IA 50265. with the issue of unpublished opinions. A Communicating with The Iowa Lawyer online: proposed rule that could go into effect the Send your comments and Letters to the Editor to end of this year will have a significant impact [email protected]. Please include your daytime phone number should we need to contact you with an answer or for on how opinions may be used in court (story verification. Executive Director Dwight Dinkla’s electronic mail address is [email protected]. Assistant Executive Director on page 6). Judge Robert Blink graciously lent Harry Shipley’s address is [email protected]. his hand and gavel for this photo. His story on the “hand of the law” begins on page 36. Iowa State Bar Association Board of Governors

OFFICERS: DISTRICT 3B DISTRICT 7 J.C. Salvo, President, Patrick Murphy LeMars 712-546-8844 Gerald Denning Wilton 563-732-2666 Harlan 712-755-3141 Dan Moore Sioux City 712-252-0020 Robert Waterman Davenport 563-324-3246 Marion Beatty, President-Elect, Cynthia Moser Sioux City 712-255-8838 John Kies Maquoketa 563-652-3214

Decorah 563-382-4226 DISTRICT 4 DISTRICT 8A Joel Greer, Vice President, Charles L. Smith Council Bluffs 712-325-9000 Rick Lynch Bloomfield 641-664-1997 Marshalltown 641-752-5467 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 Nick Critelli, Immediate Past President, Des Moines 515-243-3122 DISTRICT 5B IOWA JUDGES ASSOCIATION REPRESENTATIVE: Elisabeth Reynoldson Osceola 641-342-3423 Honorable Annette Scieszinski, 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 EX-OFFICIO MEMBERS: Frank Carroll Des Moines 515-288-2500 James Carney (legislative counsel) DISTRICT 1B Sara Sersland Des Moines 515-283-3100 Des Moines, 515-282-6803 George Weilein Waterloo 319-233-6163 Mark Hanson Des Moines 515-288-6041 ABA DELEGATES: Timothy Sweet Reinbeck 319-345-6496 Jane Lorentzen Des Moines 515-244-0111 David L. Brown Des Moines 515-244-2141 DISTRICT 2A Elizabeth Kennedy Des Moines 515-246-0356 Jay Eaton Des Moines 515-832-6565 Philip Garland Garner 641-923-3792 Joseph Van Winkle Des Moines 515-243-1000 Diane Kutzko Cedar Rapids 319-365-9461 Thomas Lawler Parkersburg 319-346-2650 Mike L. McEnroe West 515-267-9000 YLD OFFICERS: DISTRICT 2B Des Moines Matthew Preston, President, Steven Hendricks Fort Dodge 515-576-4127 Michelle McGovern Des Moines 515-281-6620 Cedar Rapids 319-866-9277 William Lorenz Marshalltown 641-752-4271 Susan Low Des Moines 515-283-4072 Jen Chase, President-Elect, Jim Robbins Boone 515-432-7114 Connie Diekema Des Moines 515-288-0145 Waterloo 319-234-2638 DISTRICT 3A DISTRICT 6 Bridget Penick, Secretary, Randy Waagmeester Rock Rapids 712-472-3777 Timothy McMeen Marengo 319-642-5521 Des Moines 515-246-4545 James Craig Cedar Rapids 319-366-7331 Joseph Moreland, Immediate Past President, Marsha Bergan Iowa City 319-351-5193 Iowa City 319-337-9606 Marsha Beckelman Cedar Rapids 319-297-7515 Christine Luzzie Iowa City 319-351-6570 The President’s Letter

You know, I just love that quote. For years I’ve thought about having it printed on the back of my business cards. EXEGESIS That way, whenever someone makes a snide comment or nasty joke bashing lawyers, I’d just give him my card and hope he is smart enough to understand “Scorning lawyers is a luxury enjoyed by persons whose moral what George said. As I have been privileged to travel self-satisfaction derives from living down to standards less exacting around the state and elsewhere as your president this year, I have had the than those by which most lawyers strive to live.” – George Will opportunity to meet with hundreds of lawyers and judges who strive to live by standards that make us all proud. Sure, there are exceptions; there are those of us who have failed to adhere to high standards, gotten lost somewhere, or taken a wrong turn off of the high road. Those few, although tragic and regrettable, are the exceptions. Unfortunately, they often provide the spark that critics use to start the fire that is fanned by chronic lawyer bashers. Contrary to popular belief, our members are out there every day doing all they can to provide the best legal services available anywhere in the world, without gouging their clients or gilding the lily. In fact, the public would be surprised to learn that a substantial number of lawyers earn considerably less than occupations that require far less education, training, expense, risk, responsibility and stress. Even more surprising are the variety of “legal services” offered to citizens by those with no legal training, no accountability and without recourse. Services traditionally provided by lawyers are now foisted on the public by others. For example: I Real estate documents are prepared by sales agents or people even less qualified. I Titles to real estate are transferred without title examinations. I Wills, trusts and estate matters are offered by insurance vendors or less. I Promissory notes, mortgages, and other significant debt instruments are prepared by loan officers or less. I Tax returns and income tax consequences are addressed by part-time preparers or less, who show

4 THE IOWA LAWYER April 2006 up once a year to skim the cream and in the legal community and in their hide out until next year. hometowns? Scores of other important legal matters Please don’t interpret these are undertaken without the benefit of comments as a “sky is falling” alert. We counsel. In the litigation arena, most remain a proud and noble profession, matters are resolved by adjusters who tell at least in our minds and hearts. The folks to take a pittance and run before problem it seems is that we are often so talking to a lawyer who will surely cost involved in meeting the needs of our them more. And even those few cases clients and our families that we are that do reach a lawyer now rarely see unable to step away and see what’s the inside of a courtroom because that happening outside of our offices or path is presumed to be too expensive beyond the end of our desks. and too risky. Do you ever wonder why a batter Enter the age of ADR, a viable extra- sometimes raises his arm and steps outside of the batter’s box? Could be he judicial alternative that requires J.C. Salvo ponders a question from the competent counsel for the best result, does it for a number of reasons. Maybe audience during the traveling seminar stop in but now too is becoming fertile ground he does it to take a breath and gain some West Des Moines in November 2005. for non-lawyers to plow. And to top it all, composure, maybe to stare down the we now encounter a deluge of individuals pitcher and show he’s not afraid, maybe these alternative services are bad for the appearing in every imaginable legal to look back at the dugout or down the legal consumer is criticized as nothing transaction and proceeding without any line for a sign, maybe to survey the field more than a veiled effort to maintain our legal experience and without seeking to see where the gloves are, maybe to monopoly. And the reality is a lot of folks legal assistance. Pro se litigants, once adjust his grip or hike up his pants, and see it just that way, in part because we confined by good judgment to small maybe just to take a second to clear his have failed to demonstrate the true value claims courts, are now willing to head and make sure of how he plans to of what we do. proceed on their own in the most proceed. You see, it’s not that he hasn’t We as a profession must find ways to serious and significant of matters, been in the batter’s box before; this is continue our practice of the law. We do often because they believe they either not his first time at bat. It is just that once this every time we maintain our client’s can’t afford or don’t need the services in a while it is good to step back and take confidence by what we do and the way we of a lawyer. a breath. do it. Only when clients recognize and We have all witnessed these things and Maybe we as professionals need to do appreciate what only we as their lawyers more. Is it any wonder so many people the same. We go to work day after day, can do for them can we count on their see lawyers as irrelevant or impediments? counseling our clients, handling their loyalty. And maybe to do that, we need to How and when this happened is of less problems, answering their questions, sit across from our own desks to see what importance than why. Maybe POGO said and meeting their needs. We’ve done it our clients see, hear what our clients it best: “WE HAVE MET THE ENEMY... before; it’s not our first time at bat. But hear, and feel what our clients feel when AND HE IS US” maybe our routine prevents us from they walk away with what we have given Are we as a profession contributing to looking at how we deliver our services. them. our demise? Have we as a profession We fail to notice that what once was the When we look into a mirror we need failed to adequately promote the benefits province of our practices is no more and to see the lawyer that we would want to of our services? Have we as a profession we lost it because we weren’t listening to handle our most important case, protect stood idle as others encroached into the what our clients wanted or to what our our most precious asset and hold our practice of law? Have we as a profession clients objected. Before we realize it, the deepest secret. We should never look made the process so costly, cumbersome client is getting that service elsewhere into a mirror and see the enemy. and time-consuming that few can afford and not from another lawyer. to have their day in court? Have we as a When we pass the bar and sign on as profession allowed others to castigate members of this storied and honorable our profession without putting forth a profession, we assume that all of our defense? Have we as a profession become clients will readily and steadfastly so contentious towards others or showed recognize that we alone can meet their such a lack of civility with our brethren legal needs and provide all the relief they J C Salvo that it obscures the image of a profession? will ever need. Unfortunately, that belief Have we as a profession neglected to may be ours alone, as others have self tout the good works so many lawyers do promoted their alternatives to the practice of law. Our admonition that

THE IOWA LAWYER April 2006 5 Unpublished opinions – New rule governing their use could become effective end of the year By William J. Miller* Six years ago, Thus, the terminology “unpublished Most jurisdictions purposefully with Anastasoff v. opinion” is better understood as a term minimize the precedential effect of United States, 223 of art denoting an opinion that is unpublished opinions. More specifically, F.3d 898 (8th Cir. purposefully labeled by the issuing court while most courts permit citation of the 2000), a panel of as “unpublished” based on its assessment opinion, most also deem it nonpreceden- the United States of the ongoing merit of the opinion. tial by court rule. This is the case under Court of Appeals Indeed, more important than the Iowa court rules, as well as those of the for the Eighth unpublished designation itself is its Eighth Circuit. Iowa R. App. P. 6.14(5); Circuit thrust the impact on future use of the opinion. 8th Cir. R. 28A(i). As one might expect, arcane topic of William J. Miller “unpublished opinions” into public discourse, particularly between judges and practitioners. Even The New York Times took notice. Indeed, Anastasoff turned a spotlight on a dark (or at least dim) corner of the legal system where judicial decision making, rules of court, precedent, constitutional law and the legal publishing industry all coincide. But, just as quickly as the topic crept off the pages of law reviews and into our “newspaper of record,” it seemingly disappeared back into the scholarly underground. Recent developments on both the federal and state levels make it apparent the topic of unpublished opinions warrants renewed attention from Iowa practitioners. This article provides a limited discussion of the background of unpublished opinions and the debate over their propriety while also addressing recent developments that are bringing the topic back into the limelight.

Brief history An appropriate starting point for our overview is to establish a suitable definition for “unpublished opinion.” In truth, the term is a misnomer. While most unpublished opinions are not included in the National Reporter System (except in the Federal Appendix, the paradoxical reporter for some unpublished opinions), nearly all opinions issued by courts are published in some form, whether in hard copy provided to the parties, online or otherwise.

6 THE IOWA LAWYER April 2006 this designation has a great impact on the The Anastasoff panel opinion was subject adopting the views articulated by the body of precedent available. For example, to almost immediate attention by the judges of the Second and Federal Circuits. of the 27,438 opinions on the merits issued Bench and Bar. The case was later The Committee Note to Rule 32.1 by the United States Courts of Appeals in considered en banc, but developments reflects a sensitivity to the comments 2004, only 19 percent were published. subsequent to the panel opinion had made. Most notably it cautions (assures?) Not surprisingly, unpublished opinions rendered the underlying controversy moot. that the rule is “extremely limited” in have prompted a fair amount of attention In a fitting bit of irony, the panel opinion its application. from scholars and others. In fact, the analysis of unpublished opinions was Indeed, Rule 32.1 does not require the debate over the amount of opinions dispatched in a published opinion of the issuance of unpublished opinions, forbid published by courts and the concomitant en banc court. Anastasoff v. United States, their issuance, dictate the circumstances impact on the body of precedent is 235 F.3d 1054 (8th Cir. 2000) (en banc). under which an opinion is designated not new. unpublished, or require a court to give The first hint of an issue arose in the Proposed federal rule precedential effect to an unpublished United Kingdom in the eighteenth Although it has been six years since opinion. Instead, Rule 32.1 is intended century when the issuance of a 30th Anastasoff, developments continue to occur only to bring uniformity to circuit rules volume of published opinions prompted in the unpublished opinions field. Perhaps related to the occasions when an alarm. It took a little longer for concerns the most important is proposed Federal unpublished opinion may be cited for to arise on this side of the pond as judicial Rule of Appellate Procedure 32.1, which persuasive value. For instance, Eighth opinions were not formally reported in the the United States Supreme Court will Circuit Rule 28A(i) generally discourages United States until 1894 when the Federal consider for final approval this spring citation of unpublished opinions but Reporter began to accumulate decisions in pursuant to its rulemaking authority. permits it for purposes of establishing res an organized form. Barring contrary action by the Court or judicata, collateral estoppel, or the law By 1964 the growing crush of federal Congress, Rule 32.1 will become effective of the case or when the opinion has judicial opinions prompted the Judicial on Dec. 1, 2006. It provides as follows: persuasive value on a point not addressed Conference of the United States to in a published opinion. suggest a tempering in the production Rule 32.1 Citing Judicial Dispositions Not every circuit rule is the same of published opinions. A similar call was and some explicitly forbid citation of issued by the Federal Judicial Center in (a) Citation Permitted. A court may unpublishedS opinions. Thus, some the early 1970s. not prohibit or restrict the citation of Soon, new rules of appellate procedure judicial opinions, orders, judgments, relating to unpublished opinions took or other written dispositions that shape. Each jurisdiction promulgated have been: rules reflecting its individual character. Two general types of rules came (i) designated as “unpublished,” “not into being. One imposed internal for publication,” “non-precedential,” considerations for courts regarding “not precedent,” or the like; and whether a decision should be “published.” The other imposed external limitations on (ii) issued on or after Jan. 1, 2007. when or how an opinion could be used or, more specifically, cited. (b) Copies Required. If a party cites a I Preparing complete, accurate, Of course, the number of opinions federal judicial opinion, order, written reports for I litigation issued has only increased in the past few judgment, or other written disposition support I economic loss in decades. Nevertheless, the topic of that is not available in a publicly accessi- personal injury and death I unpublished opinions seemed largely ble electronic database, the party must divorce settlements I employee settled until Anastasoff. In Anastasoff, the file and serve a copy of that opinion, stock ownership plans I damages court ruled Eighth Circuit Rule 28(A)(i) order, judgment, or disposition with the I was unconstitutional because it violated brief or other paper in which it is cited. from lost profits estate and gift Article III of the United States taxes I acquisitions and sales Constitution by purporting to confer Rule 32.1 was first proposed shortly after extra-judicial power on the court. In Anastasoff. Through the course of the Attorneys, CPA’s, IRS Experts, CFA, American Society of Appraisers, analyzing the issue, the court focused on rulemaking process, it elicited more than Senior Member (individual). the historical roots of precedent and noted 500 comments, the vast majority of which adherence to it was a principle implicitly were in opposition to the rule and PHILIP SCHNEIDER codified in Article III by the constitutional apparently inspired by Judge Alex Kozinski & ASSOCIATES, INC. framers. Thus, precluding use of those of the Ninth Circuit, one of the strongest www.schneidervaluation.com opinions in subsequent cases was proponents of rules limiting the use of 515-225-0000 or 1-800-383-3083 essentially an exercise of legislative power unpublished opinions. The judges of the Fax 515-225-1539 ONE CORPORATE PLACE by the judiciary in violation of Article III. Eighth Circuit also opposed the rule, 1501 42ND STREET • SUITE 294 WEST DES MOINES, IOWA 50266-1098

THE IOWA LAWYER April 2006 7 measure of uniformity and, presumably, things considered, while Rule 32.1 is not on the practice of law. Areas of critical ease of application of the rules should be yet formally promulgated, it appears well importance for Iowa practitioners may created by the new rule and in turn inure on its way to being so. escape development in published opinions to the benefit of practitioners in Iowa despite rules intended to avoid this result. and elsewhere. Unpublished opinions in Iowa. The entire published/unpublished rubric As noted, despite a large number of Closer to home, the unpublished creates costs for our legal system that may opposing comments, Rule 32.1 stands opinion issue is increasingly relevant, not appear significant on a case-by-case ready for adoption. Interestingly, some of particularly given a clear trend away from basis but drag on the system as a whole. the justices about to consider the rule have opinion publication by the Iowa Court Anastasoff hit on one of the many previously had occasion to consider the of Appeals. As is clearly seen in the constitutional issues implicated and there issue of unpublished opinions generally. accompanying chart, the number of are many more, including some related to Chief Justice John Roberts was a vocal opinions published by the court of equal access to justice. All of these issues supporter of Rule 32.1 while a judge on appeals has been in steep decline since and others reflect the importance of the the D.C. Circuit. Justice Samuel Alito led the mid-1990s. unpublished opinion issue and indicate the committee considering the change The causes of this trend are varied, why the topic is sure to maintain our immediately prior to his appointment to disputable, and ripe for further attention into the foreseeable future. the Court. Justice John Paul Stevens has development and discussion at a future previously railed against unpublished point. Yet, the outcome is clear: systemic *Bill Miller is an associate at Bradshaw, opinions in a published dissent. County of changes coupled with other factors Fowler, Proctor & Fairgrave, P.C., in Des Moines. Prior to joining the Bradshaw Los Angeles v. Kling, 474 U.S. 936, 938 n.1 affecting Iowa courts have resulted in a firm, he served as a law clerk for the Honorable (1985) (Stevens, J., dissenting). Finally, considerable reduction in the number of Mark Cady of the Iowa Supreme Court. Bill is Justice Ruth Bader Ginsburg also had an published – and thus precedential – an active participant in several bar association opportunity to comment generally on the rulings of our appellate courts during the and community activities. His fascination with issue in a law review article published while past decade. unpublished opinions has brought several dinner parties to a screeching halt. she was still a circuit court judge. Ruth Although one may argue over the Bader Ginsburg, The Obligation to Reason causes and effects of this reduced body of Why, 37 U. Fla. L. Rev. 205, 221 (1985). All precedent, it is clear it has myriad impacts

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PO Box 8636 Iowa State Bar Association President-elect Marion Beatty (second from left) and ISBA Cedar Rapids, Iowa 52408 Executive Director Dwight Dinkla (third from left) pause for a photo with ABA President Michael S. Greco (left) and ABA President-elect Karen J. Mathis, at a Thursday reception Call Office 319-396-8030 during the annual ABA Bar Leadership Institute in Chicago in mid March. Beatty will assume the reins of the ISBA presidency during the 2006 annual meeting June 21-23. The Bar Mobile 319-981-0443 Leadership Institute is designed to acquaint incoming state leaders with issues they will Fax 319-396-7866 face during their time in office. E-mail [email protected]

8 THE IOWA LAWYER April 2006 Legislative initiatives faring well By Jim Carney, ISBA Legislative Counsel The Iowa State Bar Association gives the status of each item as of press the middle of last month. That was the affirmative legislative program has fared time in mid-March. final step before being introduced for well in this year’s legislative General debate in the full House. Assembly. All bills except for the Indigent defense House File 2689 provides for a Agricultural Landlord Lien Update have The top legislative priority – indigent $5-per-hour increase in the rate paid to passed out of committee in one house or defense – had moved through all of the private attorneys for their representation the other and survived the first funnel. preliminary committees in the Iowa House of indigent defendants. ISBA has been The accompanying table lists the of Representatives and was being debated asking for a $10 increase in the pay rate, ISBA’s 2006 legislative program and in the House Ways and Means committee citing the overhead costs most attorneys

IOWA STATE BAR ASSOCIATION 2006 Affirmative Legislative Program

Bill No. Bill Subject Bill Description Bill Status

HF 2689 Indigent Defense Currently, provides for a $5 increase in the hourly reimbursement Approved by House Approps. rates for indigent defense. ISBA will offer an amendment for a Committee and reassigned to $10 per hour increase. House Ways & Means HF 2739/ Commercial & Proposal to update the groupings and dollar amounts of the Iowa Approved by House & Senate SF 2301 Bankruptcy Law/ Code personal property exemptions. Provides one new exemption Judiciary Committees. Personal Property for personal injury awards. On Senate Calendar. Exemptions

HF 2465/ Taxation/IA Amend Iowa statutory capitol gains provision to conform to the Passed by House / Approved SF 2271 Capitol Gains federal rules defining holding period (and any tacking period by Senate Ways & Means Provision allowed) by type of property and/or manner of acquisition. Committee. On Debate Calendars. HF 2742/ Probate & The proposal contains various amendments and clean-up revisions Approved by House & Senate SF 2300 Trust Code to the IA Probate Code and IA Trust Code. Judiciary Committee. Amendments On Debate Calendars.

HSB 504/ Agricultural Amend agricultural Landlord’s Lien Chapter (Chapter 570) to Not eligible SSB 3020 Landlord’s Lien provide that financing statement has same 5-year duration as other For further consideration UCC Revised Article 9 financing statements. Clarifies that if parties to the lease remain the same, the effectiveness of the financing statement will not be affected by an extension, renewal, or amendment of the lease so long as extent of lien is not materially altered.

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THE IOWA LAWYER April 2006 9 Bill No. Bill Subject Bill Description Bill Status HF 2414/ Adoption Petition Amend IA Code Chapter 600 to require Petitioner and proposed Senate Passed 50-0; House SF 2252 Information adoptive parent to disclose and certify to the court all names by which bill is on Debate Calendar. proposed adoptive parent has been known, and existence and outcome of investigations/criminal charges for child abuse, neglect, endangerment, denial of critical care.

SF 2290 Awarding of atty. Amend IA Code Chapter 600B to allow the court to award reasonable Senate Passed 50-0. fees in custody/ attorney fees to the prevailing party in a proceeding for a paternity, Referred to House visitation, or custody and visitation decree, or modification of such decree. Amend Judiciary Committee. paternity IA Code adoption subsidy provisions to allow attorney fee limitation proceedings; to be increased up to $200 for reasonable court costs and related Allowance of legal expenses. additional legal expenses related to adoption subsidy program

SF Post-Secondary Amend IA Code Section 600B.25 to allow court to order post-second- Senate Passed 50-0. Referred 2288 Education ary education subsidy for children of unmarried parents to House Judiciary Subsidy Committee. HSB 30 / Friend of the A concurrent resolution providing for the establishment of a commit- Introduced in 2005 session. SSB 1033 Court tee to conduct a study of the need, function and benefit of the estab- HSB 30 assigned to House lishment of a “Friend of the Court” type of agency to provide services Judiciary Committee/ SSB to persons involved in domestic relations cases and to courts hearing 1033 assigned to Senate domestic relations cases. Judiciary Committee.

HF 2323 Business Law Amends IA Limited Liability Company Act to include administrative Passed House 98-0, 2/22/06. dissolution provisions; Amends various business entity statutes to elim- Referred to Senate State inate 2-year deadline for administratively dissolved entity to seek rein- Gov’t. Committee. statement; provides 5-year protection on any name of administratively dissolved entity.

HF 2725/ Clarifies the “separate and distinct records requirement” for Series Approved by House & Senate SF 2374 LLCs; clarifies that LLCs can be set up for non-business purposes; Judiciary Committees. On contains clean-up amendments to the Revised IA Nonprofit Corp. Act Debate Calendars. re: special meetings, removal of directors, amendments to Articles of Incorporation. Adds new Code section to allow a corp. to forgo notification of members for which current address is not available; Amends IA Business Corp. Act to eliminate current 90% requirement for taking action by written consent of shareholders. SSB 1010 Iowa Right of A proposed act to protect the commercial value of a human identity. Not eligible for further con- /HSB 13 Publicity Act Involves the right not to have one’s name, likeness, or identity used sideration. for commercial purposes without one’s consent.

In addition to the above legislative 1. Full funding of the Judicial Branch. proposals, The Iowa State Bar Association 2. Full funding for Legal Services. supports the following positions as a part 3. Opposition to legalization of title of its 2006 Affirmative Legislative Program: insurance. (HSB 273 and SSB 1270).

THE IOWA STATE BAR ASSOCIATION www.iowabar.org

10 THE IOWA LAWYER April 2006 have to pay and the lack of a pay increase The ISBA office will contact you through for the last 30 years as justification. e-mail when there is a need for a grassroots All politics is local – Association members have lobbied push. The e-mail will tell you the status of representatives to amend the bill to raise the bill, why the push is needed, who to How to contact the rate to $10 per hour. contact in the legislature and how best to We are optimistic that by the time you contact them. your legislators read this, HF 2689 will have been approved We urge you to support this The success of the ISBA legislative by the full House of Representatives and important initiative, which provides an program is due to the efforts of be working its way through the Senate. additional $2.8 million in compensation to members contacting their legislators With this year’s session scheduled to end attorneys for every $5 increase in the and discussing issues of importance on April 18, time will be of the essence in hourly rate. with them. Here are several ways you showing your support for the bill. can contact your legislators while they are in session. Also listed below is a website which allows you to check on the status of legislation, legislative meetings and other items.

SENATORS: Call (515) 281-3371 to reach the Iowa Senate switchboard.

REPRESENTATIVES: Call (515) 281-3221 to reach the Iowa House switchboard.

E-MAIL: A list of legislators and their e-mail addresses, as well as home contact information, is on the Web at www.legis.state.ia.us. Legislators read their e-mail. This is a great way to communicate with them.

MAIL: Send mail to members of the Legislature at the State Capitol, Des Moines, IA 50319.

WEB ACCESS: See calendars of legislative meetings, track legislation, find your lawmaker, and even listen to live debate on the General Assembly’s Web site at: www.legis.state.ia.us.

ADMISSION ON MOTION The following have applied for admission on motion to the Iowa bar: Christopher Scott Wormsley, Thorndal, Armstrong, Delk Balkenbush & Eibinger, Las Vegas, Nev.; Michael Lee Smart, self-employed, Omaha Neb.; James Michael Harrison, Principal Financial Group, Des Moines; Gary Burdette Nelson, Feirich, Mager, Green & Ryan, Carbondale, Ill.

Anyone with questions or comments should contact Keith Richardson, Clerk of 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.

THE IOWA LAWYER April 2006 11 Tort reform Your help also is needed to convince legislators that Iowa is not a litigious state and there is no need for significant tort reform. At press time, the House and Senate were considering debate of several malpractice proposals providing for “I’m sorry” evidentiary rules and a certificate of merit. This move is unnecessary. As the accompanying chart (chart 1)on civil filings shows, medical malpractice filings are down 29 percent from 2002 through 2005. All civil filings are down 18.3 percent. To support the statement further that Iowa is not a litigious state, the total number of jury trials is down 40 percent over the last 14 years (see accompanying graph – chart 3). All categories of jury trials show a decline except for simple misdemeanors, which have been essentially flat. Chart 2 shows a summary of the civil and criminal jury trials for 2005. The data shows that, for example, only 4.9 percent of all tort cases dis- posed during the year were handled through jury trials. Please make this information known to as many people as possible, especially your senators and representatives.

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12 THE IOWA LAWYER April 2006 Check your e-mail – Economic survey is just around the corner Only a couple of weeks remain until Questions on the survey will address can be tabulated and analyzed more actively practicing attorneys in Iowa see areas such as: quickly if they are in electronic form. an economic survey form in their e-mails. I Current demographics of practicing Electronic surveys also protect the The forms will ask attorneys to share attorneys. respondents’ anonymity as well or better management and financial aspects of their I Attorney net income by principal than paper forms. practices for the good of the profession. position, gender, field of law, office However, “we don’t want to leave All answers will, of course, be location, work status, years in practice anyone out,” he says. “Any attorney who is anonymous, says Executive Director and firm size. uncomfortable with the electronic survey Dwight Dinkla. But taken in the aggregate, I Associate, legal assistant and secretary form may request a paper form.” they will provide information that The compensation by years of experience The answers from the paper forms will Iowa State Bar Association will use for such and office location. be added to those from the electronic things as championing the practice of law I Attorney time allocated to billable and forms so there is no discrimination in the state and planning programs and non-billable professional activities. between the two methods. services for members. I Overhead expenses associated with Dinkla stresses that the response rate The survey, which is conducted every maintaining a private practice by office must be high to make the results as five years, is designed to create a snapshot location and firm size. statistically accurate as possible. This will of the practice of law in the state, Dinkla I Other law office management practices. allow the ISBA to speak with authority on says. In addition to the championing and issues involving law practice economics. planning purposes, the results will allow This year will be the first time the survey It also will provide a realistic benchmark members to compare their own practices is conducted electronically, Dinkla says. against which attorneys can compare against the sum total of practices statewide. Advancements in technology have made it themselves and their practices. more convenient for respondents to “A 100 percent response rate would be answer the questionnaire, and the answers ideal,” he says.

THE IOWA LAWYER April 2006 13 Pro bono in Iowa – ISBA honors lawyers who volunteer for indigent Iowans The ISBA Public Service Project is pleased again to present its Pro Bono Honor Roll recognizing Iowa attorneys who make it possible for more Iowans to have access to justice. Members of the private bar provide hundreds of hours of legal services through various pro bono efforts. Pro bono service is the critical component in making legal services available to the indigent citizens of our state.

We list here all Iowa attorneys who closed one or more Volunteer Lawyer Project cases in 2005. Highlighted names are of attorneys who provided 20 or more hours of VLP services, which has been the threshold all lawyers have been encouraged to reach. The new Iowa Rules of Professional Conduct sets an aspirational goal of 50 hours of pro bono service annually.

Some attorneys who participate in the VLP report their cases through their firms and these firms are included on the list. In addition to taking cases, many attorneys provide pro bono services in other ways. They provide valuable assistance to the legal service community by doing intake, talking with clients at clinics, training and research, assisting with funding efforts, providing Board leadership, and by serving as mediators and as support to the court. These volunteers have been included in this list as well.

We thank all VLP attorneys for their generous commitment and support of pro bono in Iowa and service to the public.

Pro Bono Honor Roll 2005 Matt Craft, Paul Demro, Kevin D. Engels, Ronald D. Arispe, Jackie D. Armstrong, Heather Feldkamp, Megan Fereday, Rolf V. Aronsen, Jacquelyn K. Arthur, This list has been compiled by the ISBA Hugh Field, E. J. Gallagher, Charles H. Biebesheimer, Public Service Project with the assistance and Edward J. Gallagher, Jason Gann, James T. Fitzsimmons, cooperation of Iowa Legal Aid Volunteer Lawyers Dennis M. Guernsey, Linda A. Hall, David E. Funkhouser, David A. Grooters, Project, Polk County Bar Association Volunteer Beth Hansen, John W. Harris, Jason P. Hoffman, John P. Lander, Lawyers Project, and HELP Legal Assistance Pro Theresa E. Hoffman, Eric W. Johnson, Tim Lapointe, Charles H. Levad, Bono Project and is based on information the Mary E. Kennedy, Sara A. Kersenbrock, William T. Morrison, David M. Nelsen, attorneys reported to these organizations in 2005. Curtis J. Klatt, Jared Knapp, Randall E. Nielsen, C. Bradley Price, Thomas W. Langlas, Mike Lanigan, John G. Sorensen, Robert S. Swanson, ADAIR: Karen K. Emerson, John Fisher, John C. Larsen, Corey R. Lorenzen, Sarah J. Thomsen, Richard N. Tompkins Jr., David L. Jungmann. Rick R. Lubben, Erin P. Lyons. Mark A. Young, Joel J. Yunek. ADAMS: Stuart D. Nielsen Also: John T. McCoy, Mark Milder, CHEROKEE: Richard Cook, Daniel A. Meloy, ALLAMAKEE: James A. Garrett, Michael Miller, Richard R. Morris, George W. Wittgraf. Jeffrey L. Swartz. Jay Nardini, David P. Odekirk, CHICKASAW: Christopher F. O’Donohoe, BENTON: John Mossman, Larry D. Schue. Michael M. Pedersen, Emily Pittenger, Nathaniel W. Schwickerath. David L. Riley, Jay P. Roberts, BLACK HAWK: Andrew Abbott, CLARKE: Unes J. Booth, William A. Eddy, Kevin D. Ahrenholz, Timothy D. Ament, Kevin Rogers, Mark Rolinger, Lisa Hynden-Jeanes, Kristian Lehmkuhl. Samuel C. Anderson, Robert C. Andres, Obie Saddler, Jr., Karla Joy Shea, R. James Sheerer, Paul T. Shinkle, CLAY: Charles K. Borth, Donald J. Hemphill, Larry L. Anfinson, Miryam Antunez David A. Scott. DeMayolo, Judith R. Benson, Lynn M. Smith, Michael O. Treinen, David G. Baumgartner, Henry J. Bevel III, Aaron Bixby, Thomas Verhulst, James L. Wagner, CLAYTON: J. Steven McCorkindale, Gary Mick. Tim C. Boller, Bruce L. Braley, D. Raymond Walton, Steven Weidner, Peter W. Burk, Jen Chase, Larry J. Cohrt, Natalie Williams Burris, Michael R. Young. CLINTON: Robert J. McGee, James L. Pillers, BOONE: Earl Check, Dorothy Dakin, Paul Pfeffer, Gary Rolfes, Ken Schoenaur. Ben Doran, Lee R. Johnson, CRAWFORD: Steve Engelhardt, Judd N. Kruse, James Malloy, Julie A. Schumacher. Michael D. Tungesvik. DALLAS: Randy V. Hefner, Bryan R. BREMER: Steven M. Egli, Chris Foy, Jennings, Jonathan M. Kimple. John S. Tremaine. DAVIS: Stephen A. Richardson, BUCHANAN: Alanson J. Flickinger, R. Kurt Swaim. Gary F. McClintock, James T. Peters, DECATUR: George F. Hoffman III. Daryl Roberts, Denny R. Wilson. DELAWARE: Thomas J. Hanson, BUENA VISTA: John M. Murray, Daniel H. Swift. David W. Patton, Phil C. Redenbaugh. 2006 SPRING SEMINAR DES MOINES: H. Eugene Anderson, BUTLER: Thomas A. Lawler, David Beckman, William J. Cahill, Friday, May 05, 2006 Amy K. Swanson. Todd Chelf, Ronald D. Ellerhoff, Sioux City Convention Center CARROLL: Claus H. Bunz, Joseph E. Halbur, James W. Miller, William Monroe, 801 4th Street • Sioux City, Iowa Arthur A. Neu, Christopher C. Polking. Donald J. Porth, Michael J. Rashid, This seminar is suitable for paralegals/ legal assistants CASS: James W. Mailander, John P. Otto. Marlis Robberts, Michael Schilling, and all legal support staff. Scott Schroeder, J. Bryan Schulte, For more information, go to www .ialanet.org or contact CEDAR: Jeffrey L. Renander. Rhonda Henning by e-mail [email protected] Mitchell L. Taylor, Alan N. Waples. CERRO GORDO: J. Mathew Anderson,

14 THE IOWA LAWYER April 2006 DICKINSON: Edward W. Bjornstad, James D. Houghton, Jack Hunt, Wilford H. Stone, Gary Streit, Beth S. Blankers, Bethany Brands, Patricia C. Kamath, Michael W. Kennedy, Stephen A. Swift, Robert L. Teig, James Clarity, Jon M. Martin. Timothy J. Krumm, James C. Larew, Larry J. Thorson, John M. Titler, DUBUQUE: Leslie M. Blair, Lillian Lyons Davis, James H. Martinek, Traci L. Vercande, Karen A. Volz, Brannon Burroughs, Chad Cox, Paul McAndrew Jr., Thomas H. McMurray, Peter Welch, Dick Wenzel, Christopher C. Fry, Dirk J. Hamel, Sharon A. Mellon, Dennis Mitchell, Judith A. Whetstine, Thomas Wilkinson Jr., Stuart Hoover, Todd N. Klapatauskas, Joseph T. Moreland, Cynthia E. Parsons, Daniel W. Willems, Charles J. Williams, Dean J. Konrardy, Francis J. Lange, Constance Peschang Stannard, Anne K. Wilson, Dawn Wilson, Todd J. Locher, Donald F. Moonen, Mary Kate Pilcher, Ellen Ramsey-Kacena, Robert F. Wilson, Karla M. Wolff, Thad J. Murphy, John T. Nemmers, Dell A. Richard, Leonard Sandler, Thomas Wolle, Mark L. Zaiger. Brian W. Peters, Anthony J. Quinn, Randy E. Trca, Bruce L. Walker, LOUISA: Roger A. Huddle, Bruce Rehmke, Emily Reiners, Alison Werner Smith, Sally A. Weyer. David L. Matthews, Jay J. Schweitzer, Patricia M. Reisen-Ottavi, Kim C. Roddick, JONES: Craig Elliott, H. Elvin Erdahl, Timothy K. Wink. Paul Silich, Donna L. Smith, Adrian T. Knuth, Janette S. Voss. LUCAS: Raymond C. Meyer. Christopher Soppe, Jamie Splinter, KOSSUTH: Scott Buchanan, MADISON: Julie A. Forsyth, Jerrold B. Oliver. Jeffrey A. Trannel, Jim Trannel, Diane DiPietro Wilson, Mark J. Laddusaw, Joshua P. Weidemann, Mark Willging. MAHASKA: Rose Anne Mefford, Thomas W. Lipps, Eldon J. Winkel. Eric J. Palmer, Misty White-Reinier. EMMET: Scot Bauermeister, David Forsyth. Laura M. Krehbiel, John E. Kultala, LEE: MARION: Wesley Chaplin, Michael J. Lane, FAYETTE: Jeffrey E. Clements, Steven J. Swan, John M. Wright. Lois J. Vroom. David J. Hanson, T. David Katsumes, LINN: Janice A. Aasgaard, James Affeldt, James S. Updegraff. MARSHALL: Douglas W. Beals, Gail Boliver, Connie Alt, Todd W. Anderson, Erin Broadston, Mary Cowdrey, FLOYD: Jesse Marzen, Judith M. O’Donohoe. Brian D. Bergstrom, Jace Bisgard, Brian L. Danielson, James C. Ellefson, FRANKLIN: Michael J. Cross, Brian D. Miller, Chuck Blades, Kim Blankenship, Kent L. Geffe, James L. Goodman, Brent J. Symens. Clinton R. Boddicker, Richard L. Boresi, Joel T.S. Greer, George W. Hinshaw, Gilda Boyer, Brad Brady, Ann Brown, Rita Harmening-Pedersen, James R. Moore, Melissa Nine, GREENE: Philip A. Burian, Ryan N. Carter, David A. Hoyt, Mark J. Rasmussen. Kevin O’Hare. Kevin Caster, Mary E. Chicchelly, GRUNDY: Sara Nelson, Michael W. Rickert, Kevin Collins, James Craig, MILLS: Richard Swenson. Kirby D. Schmidt, Timothy M. Sweet. Patrick Courtney, Elizabeth Croco, MITCHELL: Vernon E. Kratchmer. GUTHRIE: Valerie Cramer, Beverly E. Wild. Thomas J. Currie, Terri Davis, MONTGOMERY: Brian S. Mensen, HAMILTON: Mark L. Hemmingson, Ellen J. Robert W. Davison, Laurie L. Dawley, Henry, Edna Rodenborn. Michael Denney, Kenneth Dolezal, HANCOCK: Timothy M. Anderson, Landon R. Dufoe, John H. Ehrhart, Phillip L. Garland. Dean R. Einck, Gregory J. Epping, Brian Fagan, Heather L. Fleming, Larry W. Johnson, Carl R. Letz. HARDIN: Richard Fry, Richard Garberson, HARRISON: John W. Kellogg. Carla Garrels-Pearson, Sarah J. Gayer, HENRY: Richard J. Bell, Patrick C. Brau. Rebecca Goodgame Ebinger, HOWARD: James P. Moriarty. Larry G. Gutz, D. John Hedgecoth, Allison M. Heffern, Mark Herzberger, HUMBOLDT: Marc D. Arends, Brian R. Johnsen, Robert E. Lee, William Hochstetler, Gregory H. Stoebe, Kurt J. Stoebe. Tricia Hoffman-Simanek, Deborah J. Hughes, Wesley B. Huisinga, Matthew J. Forristal, Peter Goldsmith. IDA: Stephen B. Jackson, Sr., IOWA: James E. Claypool, Stephen Jackson, Jr., Elizabeth Jacobi. Dennis R. Mathahs. Also: Maureen Kenney, Henry M. Keyes, JACKSON: Mark R. Lawson. Linda M. Kirsch, Mona Knoll, JASPER: Randal Caldwell, Dennis Chalupa, Kurt Kratovil, Gerald J. Kucera, Trisha Greear, Carol Greta, Mark A. Otto, Diane H. Kutzko, Anne Laverty, John H. Terpstra. Jean C. Lawrence, Brandy Lundy, JEFFERSON: Craig R. Foss, John Morrissey, David L. Marner, Sr., Robert W. Matias, Gregg A. Pieper. Jon M. McCright, Martin McLaughlin, Dennis J. McMenimen, Linda E. Merritt, JOHNSON: John Allen, Lars Anderson, Steven C. Anderson, Jean Bartley, Richard Mitvalsky, David N. Nadler, Janice M. Becker, Janice Binder, Henry E. Nathanson, Randall Nazette, Alan R. Bohanan, Daniel L. Bray, Frank J. Nidey, Douglas Oelschlaeger, David J. Bright, Kandie Briscoe, Brent Oleson, Robert J. O’Shea, David D. Burbidge, Ann Daniels, Steven J. Pace, Thomas Peffer, Lillian Davis, Martin Diaz, Nancy Penner, William P. Prowell, Robert N. Downer, Sue Dulek, Amy L. Reasner, Carroll J. Reasoner, Erin C. Gallagher, Peter J. Gardner, Amy Rhodes, Marty Rowlet, Jenny Schulz, Gregg Geerdes, Timothy S. Grady, Nicholas L. Scott, James E. Shipman, Dai Gwilliam, Matthew J. Hayek, Rush Shortley, James Sines, James P. Hayes, LeAnn Heun, Todd A. Slagter, Sheree L. Smith, Thomas D. Hobart, C. Joseph Holland, Renee Sneitzer, R. L. Sole,

THE IOWA LAWYER April 2006 15 Mark D. Swanson. Tyler & Hagen; Catherine Dietz-Kilen, Jeremy Feitelson, Ray Fenton, MUSCATINE: Paul Bouska, William Creasey, Diane Dornburg; Dorsey & Whitney; Jake Feuerhelm, Paige Fiedler, Gerald Denning, Brandy Dulceak, Douglas Drees, Paul Drey, Tom Fisher, Thomas Fisher, Jr., Melissa A. Hancock, Michelle L. Heller, F. Joseph DuBray, Carmen Eichmann, Tina Fisher, Patrick Fraizor. Jeffrey M. Johnson, James A. Nepple, Susan Ekstrom, Tara Elcock, Also: Michael Galloway, Matthew Gardner, R. Craig Oppel, Jean Pfeiffer, Todd Elverson, David Erickson, Fred Gay, Drew J. Gentsch, Mike Gilchrist, Neva M. Rettig Baker. O’BRIEN: Bruce A. Green, Micah Schreurs, Thomas J. Whorley. OSCEOLA: Harold D. Dawson. PAGE: Anthony J. Almquist, Richard H. Davidson, Beverly Jones Kimes. PALO ALTO: Fred Blake Perkins, John D. Brown. PLYMOUTH: Scott Bixenman, W.E. (Gene) Collins, Marten A. Trotzig. Iowa Legal Aid kicked off the 2005 Campaign for Equal Justice last July to raise POCAHONTAS: Donald A. Beneke, funds to provide low-income Iowans with critical legal assistance with issues involving Dennis P. Fitzgerald, Donald M. Winkler. abuse, health care, housing, utilities, public benefits and other basic necessities. Law POLK: Ahlers, Cooney, Dorweiler, firms that donate at least $250 per year for each lawyer in their firm distinguish them- Haynie, Smith & Allbee; Allison Abbott, selves as members of the Campaign’s elite Leadership Circle. Michael Abbott, Ryan Albaugh, Everett Albers, Justin Allen, These law firms joined the Leadership Circle in February 2006: Angela Althoff, Alfredo Alvarez, Clint Hight, P.C. of Greenfield; Michael W. Liebbe of Davenport; Peddicord, Fred Anderson, Ronald Anderson, Wharton, Spencer & Hook, LLP of Des Moines; and Sayre, Wittgraf & Meloy of Randall Armentrout, James R. Austin, Cherokee. Todd Babich, Patricia Barry, The following firms joined the Leadership Circle earlier in the 2005 Campaign: William Bartine, II, James Beatty, Ahlers & Cooney, P.C. of Des Moines; Steven C. Anderson, Attorney at Law PLC of Romonda Belcher Ford; Belin, Lamson, Iowa City; Anderson & Tully, P.C. of West Des Moines; Baker, Johnsen & Sandblom of McCormick, Zumbach & Flynn; James Benzoni, Aaron Bernard, Nathan Blake, Humboldt; Beving, Swanson & Forrest, P.C. of Des Moines; Lee B. Blum of Eric Borseth; Bradshaw, Fowler, Proctor & Hampton; Boehlje Law Firm, P.L.C. of Pella; Bradley & Riley, P.C. of Cedar Rapids; Fairgrave; Trinity Braun, Scott Brennan, Brady & O’Shea, P.C. of Cedar Rapids; Buchanan, Bibler, Buchanan & Gabor of Stephanie Brick Drey; Brick, Gentry, Algona: Campbell Law Firm of Des Moines; Carpenter Law Firm, P.C. of Des Moines; Bowers, Swartz, Stoltze, Schuling & Levis; Cassel, McMahon & Stowater of Algona; Roxanne B. Conlin & Associates, P.C. of Des Susanna Brown; Brown, Winick, Graves, Moines; Martin A. Diaz Law Firm of Iowa City; Elderkin & Pirnie, P.L.C. of Cedar Gross, Baskerville & Schoenebaum; Rapids; Leif D. Erickson, Attorney of Souix City; Faegre & Benson, L.L.P. of Des John Bunz, Michael Burdette, Bruce Campbell, Heather Campbell, Moines; James P. Fahey of Omaha; Fitzsimmons & Vervaecke of Mason City; Fulton, Patrick Carpenter, Jennifer Clendenin, Martin & Andres, P.C. of Waterloo; Galligan, Doyle & Reid, P.C. of Des Moines; David M. Coco, Tony Colacino, Lori Cole, Goodman & Associates, P.C. of West Des Moines; Greer Law Office of Spencer: Tim Coonan, Nicholas Cooper, Griffin, Dew & Kintigh of Ottmwa; Harding Law Office of Des Moines; Harrison & Christie Cownie, Katie Cownie, Dietz-Kilen of Des Moines; Hayes Lorenzen Lawyers PLC of Iowa City; Lorelei Thomas Crabb, David Craig, Martha Crist, Heisinger, Attorney at Law of Waterloo; Hemphill Law Office of Spencer; Holland & Matthew Cronin, Michael Cumings, Anderson LLP of Iowa City: Staff of Iowa Legal Aid, Statewide; Jackson & Jackson, E. Jake Cummings; Davis, Brown, Koehn, Shors & Roberts; George Davison, P.L.C. of Cedar Rapids; Law Office of Larry James, Jr. of Des Moines; Kane, Norby & J. Michael Deege, Tom DeSio, Reddick, P.C. of Dubuque; Krafka Law Office of Ottumwa; Thomas A. Krause, P.C. Tracy Deutmeyer; Dickinson, Mackaman, of West Des Moines; Kuehnle Law Office of Mechanicsville; Lane & Waterman LLP of Davenport; Pete Leehey Law Firm, P.C. of Cedar Rapids; Lundberg Law Firm, P.L.C. of Sioux City; Mahaffey Law Office of Montezuma; Michael R. May of Indianola; Paul J. McAndrew, Jr. Law Firm of Coralville; Mellon & Spies of Iowa City; Meyer Law Office of Chariton; Charles W. Orr of Coralville; Cynthia E. Parsons of Iowa City; Pearson Van Houten PLC of West Des Moines; Phelan, Tucker, Mullen, DAVID J. BLAIR Walker, Tucker & Gelman, L.L.P. of Iowa City; Riccolo & Semelroth, P.C. of Cedar Rapids; Elizabeth Rosenbaum, Attorney at Law of Sioux City; Sackett & Sackett of Neutral Arbitration & Mediation Services Milford: Schroeder & Anderson of Mason City; Shuttleworth & Ingersoll, P.L.C. of Cedar Rapids; Dale B. Smith of Sloan; Al Sturgeon Law Office of Sioux City; Tripp, P.C. of Pella; Valentine Law Office, P.C. of Fort Dodge; Wilson, Fowler & Fusco of 712-225-2323 Indianola; Wolf Law Firm of Waterloo; Zimmerman Law Office of Des Moines and [email protected] Anonymous (1). www.blairadr.com For more information about the Leadership Circle, or the need of Iowa Legal Aid for financial support, contact Scott Hartsook at 800-992-8161, or [email protected].

16 THE IOWA LAWYER April 2006 Krista Gorsche, Thomas Graves; Grefe & Jason Stone, Todd Strother, Susan Suh, TAMA: Jared O. Bauch, John S. Livingston, Sidney; A. J. Greffenius, Elizabeth Gregg Debra Svoboda Epp, Clifford Swartz, Bruce Reinders. Kennedy, Gordon Greta, Elizabeth Grob, Patricia Sweeney, Krista Tanner, TAYLOR: Richard L. Wilson. Janet Gustafson, Danielle Haindfield, Thomas Tarbox, Deborah Tharnish, Douglas D. Daggett, Laura Hamady, Bill Hancock, Jim Hanks, Mark Thomas, Nancy Thompson, UNION: Marion E. James, Arnold O. Kenyon. Joseph Happe, John Harding, Andrew Tice, Bryan Tingle, Seth Harrington, Harvey Harrison, Andrew L. Tipton, Kristi Traynor, VAN BUREN: William (Wally) C. Glass. Wade Hauser, Don Heinrich, Jon Heiny, Steven Traynor, Timothy Tripp, WAPELLO: H. Edwin Detlie, Alice Helle, Christopher Henderson, P.A. Nancy Trotter, Paul Tyler, Dennis W. Emanuel, Philip Ferren, Henrichsen, Victoria L. Herring, Leanne Valentine, Camille Valley, Richard J. Gaumer, Lloyd E. Keith, John Hintz, Jennifer Hodge, Joyce Pamela Vandel, Margaret Van Houten, Thomas F. Kintigh, Mary B. Krafka, Hoffman, Bob Holliday; Hopkins & John Vernon, Milo Vukelich, Jeffrey R. Logan, Ryan Mitchell, Huebner; Terry Hopkins, R. J. Hudson, James Wainwright, Tim Walker, John N. Moreland, Michael J. Moreland, Jr., Jason Hunt, William (Jake) Jacobs, Tom Walton, Stacey Warren, Victoria Siegel. Fred James, Larry James, Sr., JoEllen Watts, Ivan Webber; Whitfield & WARREN: Kimberly Haddox, Dallas Janssen, Jennifer Jaskolka-Brown, Eddy; Patrick White, Donald Williams, Kevin A. Parker, Rodney H. Powell. Steve Jayne, Jill Jensen-Welch, Colin Witt, Don Young. WASHINGTON: Daniel P. Kitchen, Alexander Johnson, Tricia Johnston, POTTAWATTAMIE: Stephen Ebke, Leslie D. Lamping, Patricia J. Lipski, Elizabeth Kaplan, Jeffrey Kelso, Keith G. Engel, Nicole Engelhardt, Joseph L. McConnell, Kathryn J. Salazar, William Kelly, Ann Kendall, Greg Kenyon, Daniel L. Fretheim, Drew H. Kouris, Robert G. Schlegel, Douglas L. Tindal. Jodi Kincaid, Patrick R. Kirchner, David J. McCann, Clarence B. Meldrum, Roberta A. Chambers, Becky Knutson, Jon Kramer, Leann Krell, WAYNE: Matthew R. Metzgar, G. Elizabeth Otte, Monty Franklin, Alan M. Wilson. Elizabeth Kruidenier, Judd Kruse, T.J. Pattermann, Richard W. Peterson, Stuart J. Cochrane, Roger Kuhle, Cristina Kuhn, W. Matthew Semple, Joseph D. Thornton. WEBSTER: Robert Laden, Mark Lagomarcino, Marcy Lundberg, Kurt T. Pittner, POWESHIEK: John F. Bierman, R. Thomas Price, William J. Thatcher. Jennifer Lampe, Kami Lang, Donald L. Schild. Matthew Laughlin, Tom Levis, WINNEBAGO: Daron F. Fritz, Vera Lichtenberger, Jeffrey Lipman, RINGGOLD: James L. Pedersen. Richard P. Schwarm. Tom Loftus, Holly Logan, Craig Long, SAC: Colin J. McCullough. WINNESHIEK: Stephen Belay, James Burns, Scott Long, Susan Low, Chip Lowe, SCOTT: Kathleen Bailey, Ted Breckenfelder, Laura J. Parrish Maki. Mark Lowe, Richard Lozier, Bret Lucas, Dennis Britt, Nathan Clark, Joseph Creen, WOODBURY: Steven J. Andreasen, David Luginbill, Jeff Lukenbill, Richard Davidson, Russell Dircks, A. Frank Baron, Robert B. Deck, F. Richard Lyford, Steve Lytle, Burt Fagen, Patrick Flynn, Thomas Ray H. Edgington, Michael Ellwanger, Michael Mallaney, Lawrence Marcucci, Fritzsche, Robert S. Gallagher, Douglas E. Flom, Judith A. Garnos Jane McAllister, Cynthia McCall, Steven J. Havercamp, Stacey Hawke, Huitink, John Gray, Michael M. Hobart, Lora McCollom, Curt McCormick, Troy A. Howell, Derek Jones, Patrick Kelly, Michael P. Jacobs, Jeffrey A. Johnson, Clark McDermott, Matthew McDermott, Michael Koury, John A. Kuhl, Michele M. Lewon, Rosanne Lienhard, Mike McEnroe, Miki McGovern, Lawrence Lammers, Lane & Waterman, Gregory N. Lohr, Virginia Lynns, Larry McLellan. Gary Lane, Matthew Leddin, Paul Macek, Glenn A. Metcalf, John S. Moeller, Also: Ann Michelson, Donna Miller, Sandra Madsen, Barbara E. Maness, John C. Nelson, Teresa A. O’Brien, Terry Monson, David Morse, Burns Helen McAninch, William McCullough, Barbara F. Orzechowski, James W. Mossman, Linda Murphy, Steven Nadel, Elliott McDonald III, Robert McMonagle, Redmond, Elizabeth A. Rosenbaum, Chris Nelson William Noth; Nyemaster, Wendy Meyer, Tommy L. Miller, Delbert (Will) D. Rowse, Suzan Stewart, Goode, Voigts, West, Hansell & O’Brien; John Molyneaux, John Newman, Bruce G. Thomas, Kendra M. Zirbel Mike Oliver, Nathan Overberg, Dorothy O’Brien, Ted Olt, Olson. Heather Palmer, Sonia Parras, Jason O’Rourke, Curt Oppel, WORTH: Jeffrey H. Greve. Tim Pearson, Karen Pearston; Peddicord, Thomas Pastrnak, Robert Phelps, Richard E. Bordwell, Larry E. Ivers, Wharton, Spencer & Hook; Ron Peeler, Diane E. Puthoff, Sy Raben, WRIGHT: William A. Long. Greg Peterson, David Phillips, Phillip Ramirez, Ian Russell, Sarah J. Pitts, Vicki J. Place, Van Plumb, Stephen Schalk, Mikkie R. Schiltz, Thomas R. Pospisil; Principal Financial Kim Shepherd, Lisa Shileny, Group – Law Department; Joseph Renzo, Sharon Sinnard, James Sothmann, David Repp, Alex Rhoads, Tracie Rickers, Stanley, Lande & Hunter, Ron Rieper, Mark Roth, Rodney Ryan, Andrew Telschow, Troy D. Venner, Hoffmann Law Firm, PC Michael Said, Peter Sand, James Sarcone, Marlin “Hap” Volz, Jr., Jean Wahlen, Jr., Michelle Saveraid, John Schmidt, Joel Walker, Michael Walton, Robert Mark Schuling, John Scieszinski, Weinberg, Doug Wells, Martha Whitmer, Mediation Joseph Seidlin, Steven Serck, Kyle Williamson, Ben Yeggy. Michael R. Hoffmann Jeremy Sharpe, Matt Sheeley, SHELBY: Kathleen S. Kohorst, Amy M. Hoffmann Anita Shodeen, Anjela Shutts, Joseph C. Lauterbach, Bryan Swain. Practicing primarily in Cathleen Siebrecht; Smith, Schneider, SIOUX: Bradley K. DeJong, James H. Pickner, Workers’ Compensation Stiles & Serangeli; Behnaz Soulati, Daniel W. Pluim. James Spellman, John Sprole, Christine A. Hunziker, Kimberly Stamatelos, Curt Stamp, STORY: 515-270-8899 Stephen J. Lickiss, Mack D. Maffett, Mac Stanfield, Steve St. Clair, Ben Stead, [email protected] John Timmons. Randy Stefani, Frank Steinbach, III., www.hoffmannlawfirm.com

THE IOWA LAWYER April 2006 17 TRANSITIONS

Dennis Shields was Shannon Wallace Pagel Michael J. Roberts has appointed Dean of the recently has joined Ellis Law Offices, P.C. joined Kreamer Law Firm, P.C. in opened Phoenix International in Indianola as an associate West Des Moines as an associate School of Law, in Phoenix. Prior attorney. Shannon holds attorney. Michael graduated with to joining PhoenixLaw, Shields Bachelor’s degrees in English, honors from the University of was associate dean for admis- Political Science and Music Northern Iowa in 2001 with a B.A. Dennis sions and financial aid at Duke Shannon Education from Simpson College Michael J. in Political Science with an Shields Wallace Pagel Roberts University School of Law and in Indianola. She earned her Juris emphasis on Economics. He director of admissions at the University of Doctorate degree magna cum laude from Hamline received his J.D. from Drake University Law Michigan Law School. Shields also served as University in St. Paul, Minnesota. Shannon was School in May 2004, and was admitted to the director of admissions, and in other senior admitted to the Iowa Bar in September 2005. Iowa Bar in September 2004. Michael will work in administrative posts, while at the University areas including, but not limited to, corporate and of Iowa. S. Christian Nelson and business law, will and estate law, and probate law. Considered an expert on law school admissions Holly M. Logan have been and diversity in legal education, Shields received promoted to members of Belin Crenna M. Brumwell has his JD from the University of Iowa in 1982 and his Lamson McCormick Zumbach been appointed Assistant BA in Business Administration from Graceland Flynn, P.C. in Des Moines. S. Attorney for the City of Dubuque. College in Lamoni in 1977. Christian, a 2001 graduate of the She earned her B.A. degrees in S. Christian University of Michigan Law Political Science, Spanish, and Nelson Jason W. Miller has joined School, practices in the areas International Affairs from the Patterson, Lorentzen, Duffield, of mergers and acquisitions, Crenna M. University of Northern Iowa in Brumwell Timmons, Irish, Becker & corporate law and intellectual 2000 and her Juris Doctorate Ordway, LLP, as an associate. property. Holly, a 2001 graduate from the University of Iowa in 2003. Jason earned his Bachelor of of the University of Iowa College Arts, summa cumme laude, from of Law, practices in the litigation Christopher McDonald has Jason W. St. Ambrose University in 1999, group, primarily in the areas of joined Belin Lamson McCormick Holly M. Miller and his Juris Doctorate, with white collar criminal defense and Zumbach Flynn, P.C. in Des Logan distinction, from the University of Iowa College of commercial litigation. Moines. Christopher is a 2001 Law in 2002. He served as a law clerk for the Fifth graduate of the University of Iowa Judicial District in Dallas County and for the Janice J. Kerkove has College of Law. He practices in Honorable Gayle N. Vogle of the Iowa Court of become a shareholder of Bradley Christopher the areas of civil litigation and McDonald Appeals prior to joining the Patterson Firm. & Riley PC. Janice has been with employment law. the firm since 1999 practicing in Christopher J. Godfrey has the areas of wills, trusts, estate Molly Moran has joined Lamson, Dugan and been nominated by Governor planning, probate, and tax law. Murray, LLP in Omaha as an associate. She Tom Vilsack to the position of Janice J. She received her law degree from received her bachelor’s degrees in history and Kerkove Iowa Workers’ Compensation Drake University with highest theology from Creighton University in 2002, and Commissioner. Chris earned his honors in 1999, where she was a member of the her J.D. from the University of Iowa College of Bachelor of Arts degree from Order of the Coif. Law in 2005. Molly will practice in the firm’s Christopher J. Drake University in 1995, and litigation department. Godfrey graduated with honors from Drake University School of Law in 1998. He previously was employed as a litigation attorney for IBP, Inc. in Sioux City, as an associate attorney at Pingel & Templer, P.C. in West Des Moines, and TRANSITIONS SUBMISSIONS ONLY BY E-MAIL most recently as an associate attorney at Max Copy deadline for Transitions is 30 days before the month of publication. Please follow Schott & Associates, P.C., in Des Moines. the same style published here and keep submissions short and to the point. For new hires and promotions, the name of the law firm is not as important as the individual involved, so mention the lawyer first. Always submit a photo of the subject. If it is to be digital, please use the “.jpg” format only. Make all submissions in plain text or Microsoft Word “.doc” format via e-mail to [email protected] and please do not expect late submissions to be published immediately. We need at least a 30-day interval THE IOWA STATE before publication. Include office phone number and name of the person furnishing the BAR ASSOCIATION copy. Questions? Call the ISBA communications director at 515-243-3179. www.iowabar.org Thank you for your assistance.

18 THE IOWA LAWYER April 2006

Book review – Court ruling affects confidentiality statements A recent ruling by the U.S. Court How to Capture and Keep Clients: of Appeals for the Seventh Circuit provides some guidance on how courts Marketing Strategies for Lawyers view the protection of a company’s Reviewed by Gianfranco A. Pietrafesa* proprietary information even if an employee who uses that information has Previously published in New Jersey Lawyer marketing tools and techniques, as well as not signed a confidentiality statement. It Magazine, a publication of the New Jersey State how to identify and turn away undesirable also points out the wisdom of requiring Bar Association. Reprinted with permission. clients. A later chapter focuses on employees to sign written agreements Most of us are bombarded with rainmaking tips with specific types of of confidentiality. countless articles on lawyer marketing clients in mind – for example, business THE BInAthe case of Hicklin Engineering v. R.J. and advertisements for how-to books and clients and ethnic communities. The book D R Bartell and R.J. Bartell and Associates, the seminars that promise to turn us into great also discusses how to use a rainmaking N U Seventh Circuit ruled that there remained a rainmakers. We receive so many of them team, including existing clients, attorneys that they have dulled our senses and O question of fact for the jury on Hicklin’s

and other referral sources. R claim of a Breach of Implied Contract and turned us into skeptics. A Broadening the focus beyond the more Trade Secret Misappropriation. The ruling I opened How to Capture and Keep traditional marketing areas, the book Clients: Marketing Strategies for Lawyers reversed a summary judgment order of the provides insight into rainmaking tools United States District Court for the Eastern with its artsy cover and editor jennifer j. such as websites and blogs, volunteering in jones, who writes her name in the style of a District of Wisconsin in the case. On various organizations, and even marketing summary judgment, the district court dead poet, prepared for much of the same. through your invoices. Determined to In fact, I was pleasantly surprised by this found in favor for Bartell and dismissed cover all areas of marketing, the authors Hicklin’s lawsuit after concluding that ABA publication, which addresses 36 dis- also review law firm brands and the ethical Bartell was under no duty of confidentiality. tinct topics written by 35 different authors. issues surrounding marketing. The case involved a suit brought by Selections in the book range in length This book is well worth a look. While it Hicklin against Bartell and his company from two pages to over 20. And while some will serve as a refresher to some, it will be a after Bartell, a computer-aided draftsman, are more useful than others, each piece real eye-opener to others. left the company and began offering a stands on its own. The end result is that *Gianfranco Pietrafesa is a partner in the law competing product. Des Moines-based items do not need to be read in order to firm Cooper, Rose & English, LLP where he Hicklin Engineering claimed in the lawsuit be helpful, a real time-saver for those practices primarily in corporate, commercial, that drawings Bartell prepared while seeking guidance in select areas. employment and land use matters. He lives in employed by the company contained Hawthorne, New Jersey. The book begins by addressing how to Hicklin’s proprietary trade secret ask for business, focusing on specific information including tolerances, dimensions and specifications for material, How to Capture and and that Bartell breached an implied contract of confidentially when he Keep Clients: misappropriated this trade secret informa- Marketing Strategies tion to use in his competing business. The upshot of this case is that the law for Lawyers in most jurisdictions allows a company to rely on an implied agreement of Jennifer J. Rose, Editor confidentiality to protect its proprietary American Bar Association 2005 information, if need be, says Christine Paperback. $79.95 Lebron-Dykeman, an intellectual property litigator for McKee, Voorhees & Sease, P.L.C. in Des Moines. However, it also emphasizes the point that it is certainly easier, and less likely to result in a long legal battle (this case has been ongoing since 2000) if the company requires its NOTICE employees and any non-employees working with the company to sign a UNAUTHORIZED PRACTICE OF LAW VIOLATIONS written agreement of confidentiality. For information and to file a complaint, contact: “A written agreement is simply good Mark Godwin, Chair – Commission on Unauthorized Practice of Law business practice,” says Lebron-Dykeman. 400 East First Street • Des Moines, Iowa 50309 • e-mail: [email protected]

THE IOWA LAWYER April 2006 31 Justice Thomas wows Drake students law school student body. he was one of the most modest, “Participating in a seminar with Justice engaging and self-effacing people I Thomas has been an unforgettable have ever met,” said Brent Smoyer, a experience,” said Amber Rutledge, a second- second-year law student from Phillips, Neb. year law student from Des Moines. “It was an David Walker, dean of Drake Law School, amazing experience for students to challenge described the week as a great success. “It and be challenged by a Supreme Court justice. couldn’t have been a better week for us,” he His approach to teaching the class was to added. “Students attending the Supreme Court critically analyze many of the major Supreme seminar were engaged and thrilled. Justice Court cases, from the adopting of the Thomas was generous in meeting with student Supreme Court Justice Clarence Thomas interacts Constitution to very recent decisions. Usually, groups and he added a number of special HE B with students during a seminar on the Supreme T AR Court. Students commented that they were law students just memorize the cases and, events at his own initiative. He also met with D impressed with the justice’s knowledge, instead, we questioned them in this class.” the entire first-year class and had dinner withN U approachability and love for the U.S. Constitution. Brad Romig, a third-year law student from 12 first-year students who were selected

Phoenix, described the seminar with Justice through a lottery. In addition, he had lunchO R Thomas as “the pinnacle of my law school with faculty members every day.” A United States Supreme Court Justice experience,” adding that “I was amazed with Drake’s distinguished jurist in residence Clarence Thomas impressed students during his kindness and humility along with his program was made possible by Drake Law his week as distinguished jurist in residence at respect for the Constitution and his respect for School alumnus Dwight D. Opperman, Drake Law School in early February. He taught his role as a Supreme Court justice.” chairman of Key Investments Inc. in a Supreme Court Seminar, met informally with The students also got a glimpse of the man Minneapolis and former president and CEO students, faculty and staff and participated in a behind the robe. “For all his talk of how he and of West Publishing Co. question-and-answer session with the entire the other justices ‘judge from an ivory palace,’

ISBA lending library offers materials on variety of legal subjects

The ISBA lending library offers a I Flying Solo: A Survival Guide for I The Essential Formbook: number of books written by experts on a the Solo and Small Firm Lawyer, Comprehensive Management Tools for variety of legal issues that members may Fourth Edition Lawyers, Volumes I, II, III, and IV check out at no charge. I Guidebook for Directors of Nonprofit I The Indian Child Welfare Act Available to any member in good Corporations, Second Edition Handbook: A Legal Guide to the standing with the association, the books I How to Capture and Keep Clients: Custody and Adoption of Native may be borrowed for up to three weeks. Marketing Strategies for Lawyers American Children Borrowers are limited to a maximum of I How to Draft Bills Clients Rush to Pay, I The Lawyer’s Guide to Creating three pieces at one time. Second Edition Persuasive Computer Presentations, Borrowers who request a piece of I How to Start and Build a Law Practice, Second Edition material that is already checked out will Fifth Edition I The Lawyer’s Guide to Increasing be notified as soon as the materials are I Mastering Voir Dire and Jury Selection: Revenue: Unlocking the Profit Potential available for checkout again. Gain an Edge in Questioning and in Your Firm For an up-to-date list of the resources Selecting Your Jury I The Lawyer’s Guide to Marketing Your available, check the ISBA website. Go to I McElhaney’s Litigation Practice, Second Edition the home page and click on “member I Model Witness Examinations, I The Litigation Manual, Third Edition benefits” and then on “lending library.” Second Edition (3 Volume set) Listed below are some of the I Preparing Witnesses, Second Edition I Wills, Trusts, and Technology: An titles available: I The Art of Cross-Examination Estate and Trust Lawyer’s Guide to I Creating Winning Trial Strategies I The Commercial Lease Formbook: Automation, Second Edition and Graphics Expert Tools for Drafting and I Winning Alternatives to the Billable I Effective Yellow Pages Advertising for Negotiation Hour: Strategies That Work, Lawyers: The Complete Guide to I The Divorce Trial Manual: From Initial Second Edition Creating Winning Ads Interview to Closing Argument I Women Rainmakers’ Best Marketing I Examining Witnesses, Second Edition I The Essential Formbook: Tips, Second Edition Comprehensive Management Tools for Lawyers, Volume I

32 THE IOWA LAWYER April 2006 Applying new rules of professional conduct, second of two parts – The hearing and what happens afterwards By Paul Wieck II* This article presents part two of an Division deliberations each count in the complaint, and a pro- overview of the revised grievance process, regarding disposition nouncement of the dismissal, admonition, completing a series started in last month’s After the hearing is completed, the reprimand, suspension, or revocation and issue. It addresses the hearing and the divisions frequently wish to discuss the the period of punishment, if any. actions taken after the hearing. matter while the evidence is fresh. The The majority vote of the division division may dismiss the complaint; issue a controls. Any member of the panel may Conduct of the hearing private admonishment (a private letter to issue a written dissent. It is possible for the All Grievance Commission hearings are the attorney - not made public); recom- division president to be a dissenting closed to the public. If the respondent mend a public reprimand (a written letter member, in which case another lawyer previously has received a public filed with the Clerk of the Supreme Court member of the division will need to reprimand, suspension or revocation, and becoming a matter of public record); author the majority’s report and a certified copy of that discipline is recommend a suspension of the attorney’s recommendation. admissible into evidence, for the division license for any period of time; or recom- The division’s decision must be filed and the Court to consider along with the mend that the attorney’s license be within 30 days after the date given for the other evidence regarding the respondent’s revoked (the attorney is disbarred). In filing of the last brief, or 30 days after the fitness to practice law. The respondent may addition, the panel may recommend hearing if no briefs are filed. If the division present character evidence of a witness or additional or alternative sanctions such cannot make its determination within that judge by sworn affidavit, which should be as restitution, costs, practice limitations, 30-day period, the division president must filed as part of the respondent’s exhibits. appointment of a trustee or receiver, notify the Clerk of the Iowa Supreme Character affidavits must be admitted into passage of the bar examination, Court regarding why the report cannot evidence unless the complainant indicates attendance at continuing legal education be submitted on time. The clerk will at least three days before the hearing that courses, or other measures consistent with serve a copy of the division’s report and it intends to cross-examine the affiant. In the purposes of attorney discipline. recommendation, along with any that case, the affidavit will be not received The division president is responsible for dissenting opinion, on the respondent. into evidence, and the affiant must testify preparing the division’s written report and in person. Issue preclusion may be recommendation. This generally consists Filings with the Supreme Court employed by either party, subject to of findings of fact and conclusions of law If the division dismisses the complaint or satisfaction of all the conditions set forth regarding possible ethical violations as to issues a private admonition, the division in Rule 35.7(3). Every witness must swear or affirm to tell the truth and not to disclose the existence of the proceedings or the identity of the respondent until the proceeding no longer is confidential under the rules. All witness testimony must be taken in writing by a certified shorthand reporter. The presentation of evidence must conform to the Iowa Rules of Civil Procedure and the Iowa Rules of Evidence. Questions of procedure, including admission of evidence, are to be ruled upon by the president of the division. The respondent is entitled to defend, to participate in the hearing in person and by counsel, to cross-examine and be confronted by witnesses, and to present the respondent’s own evidence in accordance with the Rules of Civil Procedure and Rules of Evidence. The division president may permit a reasonable time for the parties to file post-hearing briefs and arguments.

THE IOWA LAWYER April 2006 33 Mock Trial officials plead for judges to help keep college finals in Iowa may impose a lesser or greater sanction than the discipline The immediate past president of the the tournament in the future. My feeling is recommended by the division. American Mock Trial Association is pleading that when the championships are held at If either side appeals, the matter with Iowa attorneys and judges to volunteer other venues, the AMTA Board will realize proceeds pursuant to the Rules of to judge the college mock trial finals in Des what superior and experienced judging we Appellate Procedure, except as otherwise Moines in early April. provide. provided in Rule 35.11(3). Rule 35.11(3) A strong show of support by Iowa attor- “We are asking each Iowa lawyer and judge requires docketing within 10 days after the neys would convince the AMTA that the to make a special effort to judge at this year’s respondent files notice of appeal, or within national tournament should continue to be tournament,” he continued. “I am personally 10 days after the order is entered granting held in the state, Richard Calkins wrote in a indebted to all of you for your support for the the Board permission to appeal. letter to lawyers and judges around the state. past 22 years.” Abbreviated time limits under Rule 6.17 In his letter, Calkins said that after 22 years The 2006 national tournament will start on THEapply.BA If a respondent’s appeal is dismissed of holding the National Intercollegiate Mock Friday, April 7, at 6:30 p.m., continue on D R for lack of prosecution or for any other Trial Tournament in Des Moines, the AMTA Saturday at 9:30 a.m. and 2:30 p.m., and con- N U reason, the Court will conduct its de novo Board of Directors voted last June to hold the clude on Sunday at 8:30 p.m. Competitions O review as if no appeal was taken.

2007 national championship tournament in will be at the Polk County Courthouse at 5th R

St. Petersburg, Fla. at Stetson University Law and Court in Des Moines, and at the Iowa A School. Des Moines will still host the 2006 Events Center, formerly called the Polk County Action by the Supreme Court and the 2008 tournaments. However, after Convention Center at 5th and Grand in Des If an attorney’s license is suspended, 2008 the tournament sites will be up for bids. Moines. the length of suspension is determined “Therefore, it becomes important for us to Questions about judging should be directed by the Iowa Supreme Court, which gives have the very strongest support we can to Susan Ewing at 515-283-0803 or e-mailed consideration to the panel’s recommenda- muster for next April,” Calkins wrote. “A to [email protected]. tion. A suspension usually ranges from one strong showing will help us when we bid for month to three years. If the period of suspension is 60 or fewer days, the Court will enter a reinstatement order report is not filed with the Supreme Court, Appeal rights of the parties automatically at the end of the period except as part of the annual synopsis The respondent lawyer may appeal as a unless the Attorney Disciplinary Board prepared by the Commission each year matter of right to the Iowa Supreme files an objection to reinstatement, in under Rule 35.23. If the division Court. The respondent desiring to appeal which case the matter is heard and recommends issuance of a public must file a notice of appeal with the Clerk decided by the Iowa Supreme Court. reprimand or imposition of a suspension of the Commission within 10 days after the Any suspension longer than 60 days or revocation, the division report and report and recommendation is filed with continues indefinitely until the attorney recommendation is filed with the Supreme the Clerk of the Supreme Court. The successfully applies for and is granted a Court. The clerk is required to forward respondent also must promptly mail or reinstatement of his or her license. The the entire record of the Commission deliver a copy of the notice of appeal to Court’s order suspending a license for proceeding to the Court within 14 days the Clerk of the Supreme Court, and serve more than 60 days will set a minimum after the report is filed. The division report a copy of the notice of appeal on the period of time before the reinstatement and recommendation and the Board’s complainant or complainant’s counsel. application may be filed. During a complaint become public documents The complainant (Attorney Disciplinary suspension, the attorney must refrain upon filing with the court. Board) may appeal only after requesting from all facets of the law practice. and receiving the Supreme Court’s permission. The Board’s application for Required attorney actions permission to appeal must be filed with A suspended or disbarred attorney must: the Supreme Court within 10 days after the I Notify all clients of the suspension or filing of the final disposition of the case disbarment within 15 days. with the Grievance Commission. If the I Deliver to the clients all their papers Board seeks to appeal from a report of within 15 days. dismissal or private admonition, the appeal I Return all unearned fees to clients remains confidential and all references in within 30 days. the application, briefs and arguments shall I Notify all opposing counsel in all pend- be made using the respondent’s initials. ing litigation within 15 days. I File with the Court in which litigation Review by the Supreme Court is pending copies of all notices to If neither party appeals, the Supreme opposing counsel within 15 days. Court will review the case de novo based I Maintain accurate records of all steps on the record made before the taken by the attorney to comply with Commission, without oral argument or these requirements. further notice to the parties. The Court I Within 30 days of the suspension or 34 THE IOWA LAWYER April 2006 disbarment, file with the Attorney Iowa Academy of Trial Lawyers names new officers Disciplinary Board copies of all notices sent to clients in compliance Cedar Rapids attorney Connie M. Alt Second District – James P. McGuire, with these rules. was elected president of the Iowa Mason City The time line for all of these Academy of Trial Lawyers. She Third District – Paul D. Lundberg, requirements is reduced to 15 days if succeeds Academy President Nan M. Sioux City the attorney is eligible for reinstatement Horvat of Des Moines. Fourth District – Randall J. Shanks, without application under the provisions Joseph L. Fitzgibbons, an attorney in Council Bluffs of Rule 35.12. Estherville, was elected vice president. John Fifth District – David L. Brown, A. McClintock, a Des Moines attorney, was Des Moines Confidentiality of records elected secretary-treasurer. Sixth District – Leon F. Spies, and proceedings The Academy was formed in 1962 to Iowa City HEpBrovide a forum in which Iowa’s top trial Seventh District – Greg A. Egbers, All records, papers, meetings and T AR hearings of the Commission are confiden- D lawyers can exchange information and Davenport N viewpoints on the many aspects of trial law Eighth District – R.L. Fehseke, Jr., tial, unless the division recommends that aU and to promote professionalism. Fort Madison reprimand, suspension or revocation be O

R Membership in the Academy is considered issued. If the division recommends that a

A one of the highest honors in the profession, Board At Large reprimand, suspend or revocation be is by invitation only and is limited to Lex Hawkins, Des Moines issued, the division’s report or recommen- 250 attorneys. James P. Hayes, Iowa City dation, along with the complaint filed with In addition to new officers, attorneys Kirke C. Quinn, Boone the Commission by the Board, become from the following judicial districts David J. Dutton, Waterloo public documents upon filing with the were elected to the Academy’s Board Marion L. Beatty, Decorah Clerk of the Supreme Court. of Governors: First District – Michael J. Coyle, Dean of the Academy *Paul H. Wieck II is Clerk of the Grievance Dubuque David M. Elderkin, Cedar Rapids Commission of the Supreme Court of Iowa.

House Resolution No. 158 by Jacobs – Iowa House of Representatives honors High School Mock Trial Champion Editor’s Note: The Iowa House of across Iowa emerging from district Oklahoma City, Oklahoma, May 11 Representatives passed a resolution at the end competitions to earn the right to through 14, 2006; NOW THEREFORE, of March congratulating Valley High School compete at the state tournament; and BE IT RESOLVED BY THE HOUSE in West Des Moines for their championship in WHEREAS, four of these teams came OF REPRESENTATIVES, That the the 2006 High School Mock Trial State from West Des Moines, with three teams House of Representatives congratulates Tournament. The official resolution follows: from West Des Moines Valley High team members Elizabeth Barrent, Ella School and the fourth from Valley Doerge, Van Everett, Elyse Lyons, Amy A resolution honoring the Valley Southwoods Freshman High School; and Paul, Alex Salem, Philip Sandager, High School mock trial program and WHEREAS, on Saturday, March 18, Tracey Shi, and Nora Tobin (currently a congratulating its mock trial team on 2006, the West Des Moines Valley team, Senate Page), coaches Gordy Allen, Jim winning the Iowa High School Mock which won the 2005 state tournament, Holcomb, Kathy Paul, and Maureen Trial State Tournament. advanced to the finals, defeating a team Tobin, along with educator coordinator WHEREAS, the Iowa State Bar from Carroll High School; and Karen Downing for their championship Association’s high school mock trial WHEREAS, two members of that in the 24th annual Iowa High School program is designed to introduce team, Van Everett and Elyse Lyons Mock Trial State Tournament; and students to the American legal system received outstanding attorney awards, BE IT FURTHER RESOLVED, by providing a challenging, academic while a third member, Alex Salem, That, upon adoption, an official copy competition; and received an outstanding witness of this Resolution be prepared for WHEREAS, the 24th annual award; and presentation to the members of the Iowa High School Mock Trial State WHEREAS, the team will now 2006 Iowa High School Mock Trial Tournament was held March 16, 17, and represent Iowa in the National High State Tournament team. 18 in Des Moines with 32 teams from School Mock Trial Championship in

THE IOWA LAWYER April 2006 35 On Carhartts and the hand of law By Hon. Robert J. Blink*

since before his alcohol-drug-mental-illness visions that in their youth went unseen? Or lifestyle caused him to camp in the have lawyers changed? Has the hand of the “invisible zone” of our city. And this young law been reformed? woman stepped forward, (a baby lawyer My vision is compassionate lawyers – really) appointed to present a defense men and women practicing not merely for in a defenseless case. the money but for the purpose of being a The order said she lost. But when her lawyer. For if the goal is just financial client was released from jail and returned reward there are means of accumulating to his concrete bed beside the river sere- wealth without caring for people. naded by the cars overhead, he was wear- No, I think they did these things because ing insulated coveralls – Carhartts left at inherently, inchoately, naturally they know the jail for him by the tiny lawyer who that to do good is right and to do for Hon. Robert J. Blink stood for him, barely taller than counsels’ others is good. If labor is not for the table, the week before. good, it is neither worth the energy nor What does the long arm of the law You see, this lawyer was the hand a valuable investment of time – the only look like? Is it hairy? Is it covered in dry, of the law. common gifts we share. wrinkled skin dotted with liver spots? Soon, I began to see the hand more and These lawyers were doing more than Perhaps it’s not really the arm that’s more in the courtroom. A dazed woman “helping the docket” by assisting pro se important. It’s the hand of the law that is trying to divorce herself after six years of litigants and making the cases move more critical. It scoops up the hidden, grasps separation, overwhelmed by the process, smoothly through the system. These were the fleeting, taps the lost on the shoulder, was handed a business card by a lawyer flashes of character – compassion in action shelters the weak. who offered to help prepare service by – a genuine concern for others. Today I saw the hand of the law. Its arm publication – for nothing. The hand of the If this has been common in our courts, stretched from our fourth floor courtroom law was holding the card. I lament not having seen more of it in the through the icy February morning to A lawyer entered the courtroom just to past. Maybe it is my fault for not having beneath the Scott Street Bridge. There have a routine order signed. But he stayed been more observant. Maybe the natural it covered a sleeping man who has failed for over an hour representing a man of cynicism of one score and ten years of himself and failed his children. It gave the working poor and then declined watching legal pugilism, has blinded me. him the warmth of compassion, of one appointed attorneys fees. The hand But I don’t believe that is the case. The who would not give up on him though of the law had presented the order. lawyers of today have been reached by the he wished to give up on himself. And the A client broken by a ruling from the long arm of the law, wrapped in its hand hand was refined, petite with delicate bench sobbed uncontrollably. His lawyer and guided back to where we should tapered fingers and finished, polished put an arm around his shoulders and be: a place of service. It is a hand firm nails that belonged to the wren of a patted him on the back as if consoling a and gentle. woman who stood before the bench. despondent child. The hand of the law? A print of Norman Rockwell’s portrait A week before the fellow had been in I began to doubt my eyes. Was I “Lincoln For The Defense” hangs in my this very courtroom, woefully behind in witnessing a phenomenon? After decades chambers. One cannot view it without child support for children he had not seen of haunting courtrooms, do old lawyers see pondering the hands: Lincoln’s and the pleading hands of the faceless client in the shadows. All the hands I have recently seen look like those hands. Someone once asked Lincoln, “Abe, how long are your legs?” And he responded, “Long enough to reach the ground.” The hand of the law is like that. The hand of the law is our hands – hands that earn our daily bread and also serve those without in the shadows. How long is the arm of the law, how strong the hand? Long enough and strong enough to reach beyond yourself. *Judge Blink sits on the District Court (5C) bench and is a frequent contributor to Iowa Lawyer.

36 THE IOWA LAWYER April 2006 UI law students provide legal services in New Orleans Most volunteers go to the hurricane Law school alumni reminded of upcoming golf match ravaged Gulf Coast region to provide traditional relief services, things like Alumni of Drake University Law best-shot event. Points will be clearing away storm damage, building School and the University of Iowa awarded for both the Ryder homes, delivering food or medical College of Law are reminded that the Cup and best-shot format to supplies, or even helping lost pets. second annual challenge match between determine the winner. But a group of 44 University of Iowa the schools is coming up next month. Following the golf game, there will be law students spent their spring break in This year’s Dean’s Cup will see an awards, food, beverages and a charity Louisiana doing something different: attempt by the University of Iowa to get auction featuring Drake and Iowa athletic providing pro bono legal services to help revenge for the drubbing it received from tickets, photos and sports memorabilia. THE BA D victimsR of Hurricane Katrina. The students Drake during last year’s contest. Iowa Proceeds of the auction will also be N worked in New Orleans March 13-18. Legal Aid, which receives the proceeds contributed to Iowa Legal Aid. U “We thought this was a great way to from the duel, ultimately will be the Cost is $150 per player. Approximately THE BO A use our training to provide services that

R R big winner. one half of the entry fee will be a D people might need,” said Dan Feltes, a

The contest will be held May 19 at the deductible contribution to Iowa Legal N A U third-year law student who organized the Amana Colonies Golf Course. Aid. The field will be limited to the first O trip. “As law students, we are equipped

Part of the event will be a Ryder 100 eligible golfers, including the matchR with the knowledge that could help many

Cup format with players competing in play participants. Please contact any A of of the evacuees, and we wanted to extend two-person and singles matches. the following for answers to questions: the good will of the University of Iowa Participants in the Ryder Cup format will student body as well as the people of the be selected by their respective team Iowa – Jeff Courter, 515-283-8048, State of Iowa.” captains. Qualifications will include a [email protected]; Feltes said about half the students “duly signed” diploma from either the provided the pro bono legal services. Drake or Iowa law schools. Drake – Greg Kenyon, 515-246-5829, Most of the work included such tasks as The remaining portion of the field will [email protected]; gathering and processing documents, compete in a four-person best-shot Jeff Boehlert, 515-283-2147, writing legal memos and letters, event. Golfers are invited to create their [email protected]. interviewing people involved in legal own teams to compete in the disputes, or helping to complete relief aid paperwork. Feltes organized the trip with the help of the Student Hurricane Network, a national group that works with law students across the country who want to help in the Katrina relief efforts on the Gulf Coast. He said law students from such schools as Yale, Harvard and Columbia Universities had already completed similar trips. Anne Weakly and Jeff Scudder, third year law students, and Sehee Foss and Saray Bermeo, second year law students, also helped organize the trip. The rest of the students on the trip helped rebuild homes and other traditional “heavy lifting” relief projects. The students stayed in homes near the French Quarter.

To contact the CONSULTING CLAIM COUNSEL ASSISTANCE HOTLINE Call Attorney Robert V. P. Waterman, Jr.,Of Lane & Waterman, Davenport. Call 877-813-8503Toll Free

THE IOWA LAWYER April 2006 37 Procedendo – Remembering those who have gone before Michael Louis McEnroe, 54, of A member of the Iowa State Bar West Des Moines died March 1 in his Association, the Illinois and Minnesota “The procedendo is the writ issued by home of an apparent heart attack. Born state Bar associations, the Polk County Bar the Supreme Court closing the appeal. July 31, 1951 in Ft. Dodge, Mike graduated Association and the Iowa Trial Lawyers With that in mind, we call the from Garrigan High School in Algona, Association, Mike was active in many law- proceedings whereby we recognize our Loras College in Dubuque and Creighton related activities as well as enjoying sports Law School, the latter in 1976. and collecting antiques and art. He was loss, the procedendo, for a career at the Mike began his legal career in Algona elected to the ISBA Board of Governors in Bar has now closed. where he joined the McMahon and Cassel 2004. He also served on the ISBA’s ag law, “We are made lesser now by our Law firm as a trial lawyer. Later he also general practice, real estate and title law, became a magistrate judge. In 1988, he and probate and trust law sections. friend’s passing. May we observe a moved to Des Moines and joined the firm Friends describe Mike as the lawyers’ moment of silence and contemplate the of Cook, Gotsdiner, McEnroe & McCarthy. lawyer, and remember him for his memory of our friend.” Ten years later he started the firm devotion to his family, his friends and McEnroe, Gotsdiner, Brewer, Burdette & the legal profession. Steinbach, P.C. in West Des Moines.

THE IOWA STATE BAR ASSOCIATION www.iowabar.org

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38 THE IOWA LAWYER April 2006 Try the Annual Meeting on for Size – Theme aims to make attendance possible for everyone From nationally known speakers The result is that this Annual Meeting The Family Law CLE on Friday morning addressing many of the CLE seminars, to will offer “one of the best CLE lineups will feature two national speakers. the flexibility of attending one, two or all we’ve ever been able to offer,” the 10-year Mark Chinn, an attorney from Jackson, three days, this year’s annual get together committee veteran said. “The CLEs are Miss. and also the author of “How of attorneys from around the state very much on the cutting edge of topics.” to Build and Manage a Family Law promises to live up to its theme: “Try Speakers such as Jeffrey Pennell, law Practice” published by the ABA, will give a the Annual Meeting on for Size.” professor at Emory University, will keynote presentation. Laura Morgan, owner and Annual Meeting attendees can register the Probate and Trust CLE on Wednesday operator of Family Law Consulting will be for one day, two days or all three days, afternoon. Michaela White, a professor at part of a panel that discusses child support according to Liz Lounsberry, co-chair of Creighton University School of Law and guidelines, problems and answers. the event that runs from June 21 – 23 at nationally recognized author will address Lounsberry noted that “these are the downtown Des Moines Marriott Hotel. the Commercial and Bankruptcy Section just a few of the highlights of our 2006 “A lot of people suggested that they CLE on Thursday. Annual Meeting speakers. There are would be more amenable to attending the Stephen D. Davis with the Canel, Davis & many more outstanding programs that Annual Meeting if they could come to the King Law Firm in Chicago will talk about will be presented.” day that fits their practices best,” she said. “Big Case, Small Firm” in the Litigation Other activities will add to the festiveness While that will be possible this year, CLE. That should appeal to most Iowa of the annual gathering, Lounsberry said. “we honestly feel that it’s such a great lawyers, since “90 percent of us are from Back after a number of years are the law opportunity to socialize with other small firms,” Lounsberry said. school luncheons at Wednesday noon. The attorneys and meet in sections on “Randolph’s Top Ten Little Noticed Wednesday evening president’s reception, Wednesday morning that we almost hate Common Law Decisions That Affect Your dinner and awards presentation will be to see people come for only one or two Practice” will be one of the highlights of outside of the hotel at the Center for days. Besides, we are providing such the Real Estate CLE Thursday. It’ll be Performing Arts. The Iowa Organization excellent CLE programs each day that I presented by national speaker Patrick of Women Attorneys also is planning a believe it will be hard for most attorneys Randolph, a law professor at the University banquet for Thursday night. to turn down any of the days.” of Missouri at Kansas City Law School. “This is a very hardworking committee,” Registration fees will be graduated to Scott W. Sawyer from New London, Lounsberry said. “Everyone on the account for the flexible signups. ISBA Conn., the lead attorney for the Kelo committee deserves accolades. member registration for Wednesday’s family against the city of New London, will “At the end of a year of hard work, activities will be $100, for Thursday $150 share his first-hand experience with the we’ll bring our Bar association together and for Friday $100. Registration for all Kelo case and how that case might apply to celebrate. We honestly feel there is so three days will be $275 for those admitted to attorneys involved on either side of much for people to take in that we’d like to practice prior to July 1, 2002, $225 for litigation related to livestock confinement to encourage everyone to come for the those admitted from July 1, 2002 – May facilities and homeowners. He’ll speak three days.” 2005, and $75 for those admitted after during the Agricultural Law Section CLE May 2005. Friday morning. “Evening events are awesome as far as Bar activities,” Lounsberry added. This year the committee decided to do something that would encourage people Bruce W. McKee z Michael G. Voorhees z Edmund J. Sease z Mark D. Hansing to mingle and swap stories. On Thursday Kirk M. Hartung z Heidi S. Nebel z Wendy K. Marsh z Jeffrey D. Harty evening, everyone is invited to gather at Christine Lebrón-Dykeman z R. Scott Johnson z John D. Goodhue Pitchers, the bar and grill in the hotel, for Lila A. T. Akrad z Steven P. Smith z Robert A. Hodgson z Janaé Lehman Bell free pizza and beer. Bart A. Fisher z Jason F. Lindh z Kurt Van Thomme z Janet E. Phipps-Burkhead Those attending the meeting will receive

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Des Moines z www.ipmvs.com z 515-288-3667

THE IOWA LAWYER April 2006 39 CLASSIFIED ADS

TRANSACTIONAL ATTORNEY – PUBLISHER’S NOTE Well-established AV-rated firm in Davenport, E-mail submissions to the CLASSIFIED ADVERTISING section are requested. They save seeks highly motivated attorney to assist in keystrokes, thus cutting down on our production time, and help to assure accuracy. firm’s Iowa and Illinois business practice with Please follow the style of the ads appearing here, indicate the classification where you want your ad to appear and state how long the ad is to run. Each ISBA member of a private law an emphasis in commercial matters, including practice receives two free insertions annually. Corporate and government attorney members but not limited to business sales and of the association receive the same free privileges for their business, non-employer-related purchases, business planning and commercial ads. If you have questions, call Steve Boeckman at 515-243-3179. E-mail your copy to real estate. Estate planning or other [email protected] complementary experience beneficial. The number appearing in parentheses after each ad is not a box number. It indicates the Candidates should have at least 5 years of date the ad will be pulled from the magazine. (TF) indicates the ad will run until we receive instructions to pull it. Deadline for submissions is the first of the month prior to the month practice experience in moderate to complex of publication. transactions and possess excellent client COMMERCIAL ADVERTISERS: development skills. License and experience in Contact Shannon Espenscheid, 641-474-2280 or David Larson, 515-440-2810. IL preferred. All inquires kept confidential. Send cover letter and resume to: Patrick Driscoll, Stanley Lande & Hunter, 900 U.S. NEW LAW OFFICE POSITIONS – The Law Bank, 201 West Second Street, Davenport, Positions Available Offices of Capuani, & Peterson, trial division IA 52801. (6-06) REAL ESTATE/BANKING ASSOCIATE – offices for Nationwide and Allied Insurance BRIGGS AND MORGAN, P.A., a 150+ Companies, have an opening available in the LITIGATION ASSOCIATE – DES attorney commercial and business litigation Des Moines area for a trial attorney. MOINES – Faegre & Benson LLP has an law firm with offices in Minneapolis and St. This will be a high profile, litigation intensive opening in its Des Moines office for an Paul, is seeking two associates with two to five position requiring considerable initiative, associate with two or more years of litigation years experience for its real estate/banking legal creativity and the ability to relate with experience. All candidates should have section of its Minneapolis office. Candidates business clientele. Iowa licensure required. excellent academic credentials, strong writing should possess excellent academic credentials The successful candidate must possess skills and professional recommendations. and strong writing skills. BRIGGS AND excellent verbal/written communication Please send resume and law school transcript MORGAN, P.A., provides full service repre- skills; ability to interpret and apply statutes, to Dana Gray, Manager of Legal Personnel sentation to local, regional, and national regulations and appellate decisions; Services, Faegre & Benson LLP, 2200 Wells businesses, and to individuals and govern- negotiation talent; and PC proficiency. We Fargo Center, 90 South Seventh Street, mental clients. Please send resume to Erica require 3-5 years of litigation experience in Minneapolis, MN 55402. Please see our Kairis, Lawyer Recruiting Specialist and personal injury protection, third party auto website at www.faegre.com for more negligence and/or premises liability. We offer Diversity Coordinator, BRIGGS AND information. (6-06) MORGAN, P.A., 2200 IDS Center, Minneapolis, challenging opportunities, competitive MN 55402 or [email protected]. (SE) salaries and benefit packages. Interested can- ATTORNEY – Grefe & Sidney, P.L.C., seeks didate should fax a resume to Law Office of an attorney interested in practicing in the ATTORNEY WANTED – Waterloo attorney Frank S. Capuani, at 630-795-1092 and/or areas of probate/estate planning, corporate, with growing practice seeks associate attorney. apply online at www.nationwide.com. (SE) tax and real estate. We will consider recent Not a 9 – 5 job. We have work. You will not be graduates or lawyers with up to five years bored. A great opportunity to build a ATTORNEYS – Staff Attorney applicants experience. Candidates should have a strong private practice. Position offers mentoring, sought for Iowa Legal Aid, with offices in academic background, an exemplary work training and potential partnership. Cedar Rapids, Council Bluffs, Des Moines, ethic, good writing skills and a desire to (0-4 years experience.) New facilities and Dubuque, Iowa City, Mason City, Ottumwa, provide excellent service to our clients. Please great staff. Mail resume to Craig Ament, Sioux City and Waterloo. Vacancies are apply in confidence to Craig S. Shannon, Ament Law Firm, P. O. Box 325, Waterloo, anticipated in some, but not all offices. Grefe & Sidney, P.L.C., 2222 Grand Avenue, Iowa 50704 (SE) Submit letter of application (indicate Des Moines, IA 50312; or via email to geographical restrictions), resume, recent [email protected]. (6-06) representative writing sample and at least FINLEY ALT SMITH three professional references to: Executive Director, Iowa Legal Aid, 1111 Ninth St., Suite FINLEY, ALT, SMITH, SCHARNBERG, 230, Des Moines, IA 50314-2527. EOE. (6-06) CRAIG, HILMES & GAFFNEY, P.C. LAWYERS Please keep the ISBA in mind so your membership All Types benefits will continue uninterrupted. Most importantly, Civil Litigation we need your new U.S. Mail address(es) and e-mail MOVING? Mediation Services address as soon as you know them. THOMAS A. FINLEY 699 Walnut Street, Suite 1900 If you subscribe to the Bar’s e-mail forwarding service Des Moines, IA 50309 (you have been assigned an XXXXXX@ iowabar.org address), please send us the new e-mail 515-288-0145 address quickly so we can continue that service, too. E-mail all of your updated information www.finleylaw.com to [email protected]

40 THE IOWA LAWYER April 2006 CLASSIFIED ADS

ASSOCIATE ATTORNEY – The application form to: Leesa A. McNeil, District ATTORNEYS – Law firm located in Des Moines, Office of Dorsey & Whitney Court Administrator, Third Judicial District of downtown Des Moines, near both the Polk LLP has an opening for a full-time litigation Iowa, Woodbury County Courthouse, Room County and Federal Courthouses seeks inter- associate with 1-3 years of experience. Some 210, 620 Douglas Street, Sioux City, IA 51101. ested sole practitioners or small 2-3-lawyer experience in intellectual property/patent Phone: 712-279-6035. E-mail: law firms for possible merger or employment litigation preferred, but not required. Please [email protected] opportunities. Law firm is well established in send letter, resume, transcript and references The application form is available at: the Des Moines area and practices in a variety to Dennis Johnson, Dorsey & Whitney LLP, http://www.judicial.state.ia.us/courtadmin/ of fields, including general litigation, family 801 Grand Ave., Suite 3900, Des Moines, Iowa career/ (6-06) law, real estate, business law and personal 50309. All submissions held in confidence. injury. We are seeking motivated individuals No telephone inquiries please. (6-06) ASSOCIATE POSITION – AV-rated who have established some of their own Winterset general practice law firm with three practice but are willing to handle existing INTELLECTUAL PROPERTY lawyers is seeking an associate with emphasis cases and new firm clients. Law firm facilities ATTORNEY – The Zarley Law Firm, P.L.C. is on tax, probate and real estate. Inquiries and are exceptional including outstanding staff, seeking a qualified associate to join our firm. resumes to Jerrold B. Oliver, Jordan, Oliver & beautiful offices with two conference rooms, We are located in downtown Des Moines, Walters, P.C., P.O. Box 230, Winterset, Iowa convenient parking and updated office and focus exclusively on the practice of 50273, or e-mail [email protected] technology. All inquiries should be in a form intellectual property law. Our firm offers a of a letter describing your practice, staff friendly and knowledgeable staff and a LEGAL ASSISTANT – Small law firm in requirements as well as compensation pleasant working environment. We provide a Des Moines is searching for a bi-lingual or requirements. Please email your letter to very competitive compensation and benefits fluent Spanish-speaking candidate to support [email protected] (5-06) package commensurate with experience. two attorneys. Areas of primary responsibility Candidates for the associate position will be workers’ compensation and employ- should possess a science background with ment matters, with occasional labor and/or THE IOWA STATE emphasis in mechanical areas as well as civil rights claims. Ideal candidates should knowledge of the intellectual property field of speak fluent Spanish, be detail oriented, BAR ASSOCIATION law. Applicants who are licensed to practice in communicate effectively in writing, in person www.iowabar.org Iowa and registered to practice before the and via the telephone with clients and other USPTO are desired. Interested candidates legal/medical professionals, and be computer should send their cover letter and resume to: literate. This is a permanent full-time position ZARLEY LAW FIRM, P.L.C., Attention: with a generous benefit package included. Michelle M. Robinson, Capital Square, 400 For additional details, contact Joe Walsh, Locust Street, Suite 200, Des Moines, IA Nate Boulton or Janet Lemmermann at 50309. Fax: (515) 558-7790. Email: 515-288-4146 or send cover letter and resume [email protected] (5-06) to HEDBERG, OWENS, HEDBERG & WALSH, P.C., 840 Fifth Avenue, Des Moines, ATTORNEY WANTED – AV-rated Sioux City Iowa 50309-1307. (6-06) firm is seeking a highly motivated attorney to work in the areas of workers’ compensation EXPERIENCED ATTORNEY – Ankeny, and civil litigation. All inquiries will be kept Iowa Firm has available an opportunity for confidential. Please send letter of interest and an ownership position for an experienced résumé to: Hellige, Frey & Roe, R.L.L.P., P.O. attorney. Desire to practice in Criminal, Box 1828, Sioux City, IA 51102. (6-06) Family Law and General Practice areas is a plus. This is a great opportunity in a fast LEGAL ASSISTANTS (Law Clerks) – The growing community, minutes from the Third Judicial District court seeks applicants Courthouse in a Class A office. Reasonable to perform research functions for judges in buy-in. Contact Jim Gocke, Managing the Third Judicial District Court of Iowa. A Shareholder. 515-965-1200, position is available in Spencer and Sioux [email protected]. (6-06) City, with offices located in the respective courthouses. Full-time positions commencing ATTORNEY OPPORTUNITY – Wilson July 1, 2006. Initial term expires July 31, 2007 Deege Dollar and Despotovich, an association with additional 1-2 years available at the of sole practitioners, seeks an attorney with 5 discretion of the court and agreement of to 10 years experience in wills, probate, trusts, employee. Annual Salary: $37,502.40 plus real estate and or small businesses who wants State benefits. EOE/AA. Requirements: more work in said areas. Call Wayne Wilson Knowledge of substantive and procedural law or Mike Deege at 515-327-1000 to review and statutes and the ability to formulate and office and work arrangements and possible express ideas on complex technical and legal long term buy-in to private practices. (7-06) subjects. Graduation from Law School is required! (Applicants may apply before they have officially graduated.) Application deadline: March 31, 2006 (or until filled). Submit resume, writing sample and

THE IOWA LAWYER April 2006 41 CLASSIFIED ADS

ASSISTANT COUNTY ATTORNEY – ASSOCIATE ATTORNEY/FIRM – Sole ASSOCIATE POSITION: Established law The Page County Attorneys’ Office is practitioner, having established a fine general firm in Newton Iowa seeks associate with accepting applications for an Assistant practice in North Iowa over the past 30-plus 2 – 5 years experience in general trial practice County Attorney. The position involves the years, seeks an attorney/firm to associate including family law. Compensation prosecution of misdemeanor, felony and and then take over practice due to ensuing dependent upon level of experience. Send juvenile cases. Salary range with benefits from retirement. All inquiries should be directed resume to Kelly McConnaughey, Brierly $32,000-$38,000 based upon experience. to: The Iowa Lawyer, Code 2706, 521 East Charnetski L.L.P., 211 1st Avenue West, P.O. Please send resume, references and legal writ- Locust, Des Moines, IA 50309-1949. (5-06) Box 726, Newton, IA 50208. (5-06) ing sample to Richard H. Davidson, Page County Attorney, P.O. Box 478, ATTORNEY – Bangs, McCullen, Butler, Foye ASSOCIATE POSITION: Grinnell firm Clarinda IA 51632. (5-06) & Simmons, L.L.P., a South Dakota firm with seeks an experienced attorney. Must have offices located in Rapid City and Sioux Falls, 2-5 years experience. This position includes PART-TIME ATTORNEY WANTED – seeks an attorney with litigation experience to general, probate and corporate practice. Des Moines area, AV-rated firm is in work in our Sioux Falls office. Candidates Compensation based on experience. Send immediate need for a part-time general with two to five years of litigation experience resume to Kelly McConnaughey, Brierly practice associate. Great work environment are preferred. Candidates should also possess Charnetski L.L.P., 211 1st Avenue West, P.O. and frequent client contact. Minimum two excellent academic credentials, writing skills Box 726, Newton IA 52208. (5-06) years practice experience required. Specific and a strong work ethic. The Bangs McCullen responsibilities included providing legal law firm is proud of its legal heritage that pre- REAL ESTATE ATTORNEY: Des Moines advice to clients via phone consultation, dates statehood. We are looking for an indi- law firm seeks experienced attorney for its writing letters, and reviewing documents as vidual who will share our commitment to rapidly expanding commercial real estate needed in a team environment to service one excellence in service to our clients, the com- practice. Qualified candidates should have of the firm’s largest clients. Great opportunity munity and the legal profession. Interested two to four years of transactional experience to build a practice while making a difference candidates should send their resume, law preferably in commercial real estate. in people’s lives. Please forward resume to school transcript and writing sample to Candidates should possess excellent academic Code 2306A, The Iowa Lawyer, 521 E. Locust, Michael A. Hauck at Bangs, McCullen, Butler, credentials, strong writing skills and Des Moines IA 50309-1939. (5-06) Foye & Simmons, L.L.P., P.O. Box 949, Sioux professional recommendations. Send resume Falls, SD 57101-0949. All inquiries will be held to: Nathan Barber, 3101 Ingersoll Ave., in confidence. (5-06) Des Moines, Iowa 50312. All responses kept strictly confidential. (5-06) ATTORNEY – Patterson, Lorentzen, Duffield, Timmons, Irish, Becker & Ordway, ATTORNEY WANTED – The Cedar Rapids LLP, seeks an associate attorney for our office of an AV-rated Cedar Rapids-Iowa City litigation and workers’ compensation area. law firm is seeking an attorney to join two We will consider recent graduates or lawyers lawyers in a three-person office and share with up to three years experience. We are overhead. This is a good opportunity for most interested in candidates with a strong someone who has been a sole practitioner academic background, an exemplary work and wants to expand his or her client base, or ethic, good writing skills, a desire to provide someone who has been on salary and wants excellent service to our clients and a desire to an opportunity to earn more. Please send focus in the litigation area. Please apply in inquiries and resume to Henry Nathanson, confidence to Judy Tunning, Patterson, Johnston & Nathanson, PLC, PO Box 74210, Lorentzen, Duffield, Timmons, Irish, Becker Cedar Rapids, IA 52407-4210 or email to & Ordway, LLP, 505 Fifth Avenue, Suite 729, [email protected]. (SE) Des Moines, IA 50309 or via email to [email protected] (5-06) Position Sought GENERAL PRACTICE ATTORNEY seeks position in small law firm setting. Just returned from Iraq after serving a year on active duty for mobilization. Member of the Iowa Bar since 1998. Five years experience as a sole practitioner in Family Law, Criminal Law and Personal Injury. Desire to remain in the Des Moines metropolitan area. Salary is negotiable. Respond to Code 5555, The Iowa Lawyer, The Iowa State Bar Association, 521 East Locust Street, Des Moines, Iowa 50309-1939. (TF)

42 THE IOWA LAWYER April 2006 CLASSIFIED ADS

conference room. Call Wayne Wilson or Mike with us is privileged and private. Our director Career Center Deege at 515-327-1000 for more details. (7-06) is a former lawyer, a recovering alcoholic and ARE YOU SEARCHING for a new associate drug addict. He is a trained substance abuse or law partner? Are you looking for a Miscellaneous counselor and an Employee Assistance different full- or part-time position? Go to Professional (EAP). We cannot help unless www. iowabar.org and click on the ISBA IMMIGRATION LAW TRAINING you call – 515-277-3817 or 800-243-1533 – or Career Center. (TF) SEMINAR – one week intensive course. message (in confidence) [email protected]. Legal and practical fundamentals for All you have to do is ask us to contact you. Expert Software competent immigration legal practice. No other details are necessary. We will call Geared for private attorneys and non-profits. you. The Iowa Lawyers Assistance Program LegalWorks Guidelines for Iowa. Windows May 22-26, 2006; 37 CLE credits and 2.75 also can provide speakers for local bar version. Calculates child support pursuant to ethics applied for. Contact Midwest Legal associations. Just ask. (TF) Iowa child support guidelines worksheet and Immigration Project at 515/271-5730 or client’s financial affidavit. Call 888-282-5291 www.benzonilaw.com and click on Vacation Rental for pricing and delivery information. Education/Seminars. (5-06) Satisfaction guaranteed. LegalWorks Software, Watch the sunset over the Gulf of Mexico. P.O. Box 22127, Des Moines, Iowa 50325. NOTICE CRIME VICTIM Take advantage of a quiet island with fantastic www.legalworkssoftware.com (SE) COMPENSATION SUBROGATION. shelling. Two bedroom, two bathroom Do you represent a client who has received condos at Boca Grande, Florida for rent or Office Space Available medical benefits, lost wages, loss of support, for sale by owner. Please call Yale Kramer at counseling or funeral and burial assistance 515-276-1125. (SE) DOWNTOWN DES MOINES – Office space from the Crime Victim Compensation available in law offices located in the U.S. Program of the attorney general’s office? Experts Bank Building across the street from When your client applied for compensation the Polk County Courthouse. Includes phone benefits, a subrogation agreement was signed Architecture and Construction Expert system with voicemail, copier, fax, kitchen, pursuant to Iowa Code section 912.12 (1995). Witness – Architect, and Contractor, 34 years lounge, two conference rooms, and free client The attorney who is suing on behalf of a crime experience. Available to assist plaintiff or parking. Receptionist provided victim should give notice to the Crime Victim defense attorneys. Specializing in: and paralegal services available. Phone Compensation Program upon filing a claim • Building Codes Uniform Building Codes (UBC, UMC, 515-252-7501. Fax 515-282-8470. (SE) on behalf of the recipient. The Crime Victim Compensation Program will pay a UPC, UEC, UFC) –-- Americans with OFFICE SPACE AVAILABLE IN JOHN- prorated share of the expenses incurred in Disabilities Act (ADA) –-- OSHA –-- STON – Prime location on 86th Street, just obtaining a judgment or verdict. Questions? International Building Code (IBC) –-- Life north of I-80. High-end office finish with 1950 Contact Rob Wheeler, Program Administrator, Safety Code (NFPA 101) –-- Council of sq. feet available for sub-lease. Includes 4 pri- Crime Victim Assistance Division, American Building Officials(CABO) • Industry Standards vate offices, reception area, conference room, 515-281-5044. (SE) copy room, restroom, and kitchenette. American Institute of Architects (AIA) –-- Contact Bill Wright for details (515) 471-4350 Associated General Contractors (AGC) –-- or [email protected]. (6-06) Personal National Fire Protection Association (NFPA) –-- American National Standards IF DEPRESSION, STRESS, ALCOHOL Institute (ANSI) –-- American Society of OFFICE SHARE OPPORTUNITY – OR DRUGS are a problem for you, we can Testing Materials (ASTM) –-- Underwriters West Bank Building, West Des Moines, IA, help. We are a non-profit corporation Laboratories (UL Standards) –-- American with Wilson Deege Dollar and Despotovich, offering attorneys free help in a totally Society of Refrigeration Engineers an association of sole practitioners. Sharing of confidential relationship. We are the Iowa Association (ASREA) secretarial support, copy machine, fax Lawyers Assistance Program. Under order of • Usual and Customary practices machine, computer software, large the Iowa Supreme Court, all communication Safety –-- Owner – Contractor relations Undocumented agreements / Change orders / Cost overruns Workmanlike craftsmanship –-- Construction methods Licenses, Affiliations and Memberships: Architectural Licenses: Iowa, Nevada, Litigation Support | Corporate Services Indiana –-- National Council of Architectural Registration Boards (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) Pro Copy | 455 SW 5th Street, Suite A | Des Moines, IA 50309 | 515.243.1891 | 1.888.243.1891 John G. Kujac, NCARB • 515-795-4001 (SE) Pro Copy | 8710 F Street, Suite 128 | Omaha, NE 68127 | 402.341.6400 | 1.888.341.6400

THE IOWA LAWYER April 2006 43 Lawyer by day, community volunteer by night – Parental example drives Hallie Still-Caris to make her community better By Danielle Olson, Public Relations Intern

Hallie Still-Caris is a role model not only of a law student. very supportive of involvement in commu- to her family but also a model citizen for Her legal career began at Lane & nity activities, and it is very important to the greater Des Moines community. The Waterman, in Davenport, where she was have an employer who is supportive of corporate attorney at Nyemaster, Goode, instrumental in drafting an alternative that type of involvement, she says. West, Hansell & O’Brian, P.C., in Des work schedule policy several years later. Rick Neumann, a lawyer at Nyemaster, Moines, is continually striving to make her At that time she was a partner and says Hallie had a slightly different work community a better place by helping working hard to balance her time with schedule because she needed flexibility countless community organizations reach a growing family. with her family, and the firm knew her their goals and further their missions. “Hallie worked with the law firm while position coming in. She had regular The former Iowa State University she designed the alternative work schedule Fridays off, but she was always very student body president has been an active and was the first at Lane & Waterman to professional and worked some very leader ever since she was a small town girl use the policy,” says Jim Mezvinsky, partner long hours. in Scranton, Iowa. at Lane & Waterman. Hallie is a very active and visible person “My parents were involved in our It has been fine-tuned since then, but in the community and is certainly living up community, and it has always been a part it’s still an active policy at the firm. Anyone to the aspirations at Nyemaster as a lawyer of who I am today. I enjoy getting involved can request to use this policy for reasons giving back, he adds. with different community activities and such as family, personal needs or health to Hallie says in professional situations giving back,” Hallie says. be approved by the partners. The firm people can give more leeway because an She attended a small high school and would be willing to look at any reason, employee isn’t punching an eight to five because of that she had the chance to be he says. clock. There is room for more flexibility, involved in everything, she says. In Hallie says family and work can be a but an employee has to be willing to be Scranton, she could do a lot of different hard balancing act for women in flexible in return. activities and become involved in many particular. Trying to balance work life “A lot of the meetings I have are things very easily. with home life and then with volunteer scheduled early in the morning or over In high school, Hallie had the life is difficult. the lunch hour, and so it doesn’t cut into opportunity to write a paper on female In 2005, a friend nominated her for family time; but, unfortunately it attorneys that sparked her initial interest the ATHENA award program. The sometimes cuts into my work time,” in the law. Watching her politically active international program is about supporting, she says. mother in her community nourished that developing and honoring women leaders, Hallie’s family and kid’s school and initial interest. and inspiring women to achieve their full church activities are very important to her. Hallie continued to be deeply involved potential while creating balance in Throughout the years she has been a in academic organizations as she attended leadership worldwide, says Devon member of the PTA, various committees at Iowa State University and majored in Wendler Alvord, Women’s Chamber Hanawalt Elementary and Merrill Middle business administration with a minor in Alliance co-chair for the 2005 ATHENA political science. Award Program. The ATHENA award occupies The attorney says she always had an “The development of the alternative a prominent spot on top of interest in politics, and running for a work schedule policy clearly demonstrates an antique bookcase in Hallie’s office. position on the Government Student Body creativity and initiative,” Wendler Alvord allowed her to become very involved in says. “Hallie is well balanced through her student politics in college. involvement with family, church and “GSB brought together all sorts of community, which earned her the honor different people from different as the recipient of the award.” backgrounds; both undergraduate and “It’s a very humbling award to be graduate students and students from all selected for, and to think someone believes different disciples were represented on I fall into this wonderful category of the council,” she says. people is a huge honor,” Hallie says. She took her interest in politics to the When Hallie began to work for the next level and enrolled at the University Nyemaster Law Firm, she says the firm was of Iowa College of Law where her very supportive of her decision to continue community involvement took a temporary to use an alternative work schedule allow- backseat to the demanding study hours ing her more flexibility. The firm has been

44 THE IOWA LAWYER April 2006 e her community better

School, and a confirmation guide at Neighborhood Association, church. She currently enjoys the role Polk County Republican

of a traveling spectator at her kids’ Central Committee, tennis games. Environmental Law Council “Not everyone is fortunate in having a for The Iowa State Bar spouse that supports everything I’m Association and was selected as involved in. My husband is very helpful a member of the Greater Des and takes on a lot of roles at home, as do Moines Leadership Institute my children,” she says. Class of 1997-98. Hallie has a history of community Today, community organiza- involvement as an attorney that started tions and services such as while living in Davenport. She was involved Plymouth Church, United Way with the city of Davenport’s Community of Central Iowa, The Greater Development Block Grant Committee, Des Moines Partnership and Herbert Hoover Presidential Library The Interfaith Alliance of Iowa Association and was a member of the Scott are currently benefiting from County Republican Central Committee. Hallie’s will to help other’s Hallie does most of her legal work at this antique roll top desk in her Since living in Des Moines, she has goals and missions. modern office in downtown Des Moines. The desk was a law school volunteered for the Waterbury Bob Mann, Plymouth graduation gift from her husband. The couple shares a love of antiques.

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THE IOWA LAWYER April 2006 45 Church director of administration says, “I’ve tried to select organizations where caregivers every moment is a “In 2005 alone, Hallie served as a trustee, I feel strongly about the mission of the learning moment. finance committee member and personal group and what they’re trying to “This is a national campaign that focuses committee member. She has also been a accomplish,” she says. “For instance, the on the idea that there are so many member of the Board of Christian motto of Plymouth Church spoke to me moments you can engage your child in Stewardship and a member of the when I first came to the community, and I learning, such as teaching children church council and much more. Hallie also feel very strongly about United Way’s colors as you fold laundry or shapes of is currently a primary source of pro bono mission in our community and the good roadway signs while driving,” Cofield says. legal work for the Church. She has things they are doing here.” Martha Willits, Greater Des Moines drafted, written, reviewed and advised United Way of Central Iowa is one of Partnership, president says, “Hallie has a in the area of contracts, licensing agree- the most successful United Ways in the great professional sense and helps with the ments, personal matters, legal documents country, she says. They’ve had strong quality of life of the community. She seeks and procedures. Her gifts to Plymouth campaigns, and it says a lot for the people out ways to better the community through Church could never be measured with here in central Iowa and their willingness her involvement.” dollar signs.” to provide for people who can’t provide Hallie is a board member the Hallie believes an attorney has the for themselves. Partnership actively recruited because responsibility to share his or her talents on “Hallie is very willing to roll up her members knew she would have great a general basis. She says she has a lot of sleeves for something she really cares leadership in the community, Willits says. things to offer to organizations and about,” says Shannon Cofield, president of She is not just a board attendee but also a services through volunteer work that she is United Way of Central Iowa. “Hallie is an very energetic, positive and hard-working not able to do everyday through her work executive committee member who is vital person in the Des Moines community. as a corporate attorney. in our beginning to implement public “I think a lot of people go into law policy at United Way. Her legal back- because they want to help people. Most ground gives her the ability to look at often attorneys want to be involved in their the pros and cons of the public policy communities, and they want to be a part of situation and give us feedback as an good things,” Hallie says. attorney,” Cofield says. As her children get older, Hallie sees Hallie was a United Way of Central them beginning to get involved in Iowa executive committee member who organizations and hopes her community attended The Georgetown University/ involvement has had a positive impact on United Way of America Public Policy them just as her parent’s community Institute in Washington, D.C., in March. involvement had an impact on her. The Work Place Campaign and the Born Learning program are also projects Members of the task force responsible for selecting with which Hallie is currently involved. candidates for the “Lawyer by day, ____ by night” series are asking for help. If you know The Work Place Campaign raised $20.1 someone who is an outstanding lawyer and million dollars for United Way by going volunteer, please submit his or her name to: into businesses and talking about what James R. Van Dyke, 225 E. 7th United Way does and asking for St., P.O. Box 486, Carroll, contributions to help with their causes. IA 51401-08223; phone: 712-792-9734; e-mail: “Nyemaster was selected as a pace-setter [email protected]. campaign business this year for United Way of Central Iowa. This means it agreed to set a goal of a 15-percent increase in donations from the previous year. We far exceeded the goal by reaching 42 percent. The people here have been very supportive of the campaign,” Hallie says. Unlike the Work Place Campaign, which is a yearly fundraiser, the Born Learning program is a public engagement campaign that strives to show parents and

46 THE IOWA LAWYER April 2006 Planting a seed today will grow giving forever. One tiny seed By establishing an endowment fund at an Iowa Community will provide Foundation today, you are planting a seed that will grow over shade for time, providing necessary resources for future generations. You don’t need a green thumb. generations to If you cultivate your community by giving a gift today of come. $25,000 and never add another cent to the fund (although, just think of what additional gifts could do), in 25 years you will have provided $46,172 in grants and the endowment will be valued at $69,257.* And you don’t even have to worry about pulling the weeds.

Consider planting a seed. There will always be a need for shade.

Find your local Community Foundation at www.IowaCommunityFoundations.org (* assumes 8.5% growth in the market and grants of 4% annually)