Debate on Unpublished Opinions Heats Up: New Rule May Take Effect This Year
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IOWAIOWATHETHE LAWYER LAWYERVVolumeolume 66 Number 4 April 2006 Debate on unpublished opinions heats up: New rule may take effect this year ALSO IN THIS ISSUE – Legislative issues faring well – ISBA honors lawyers who volunteer for indigents –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 sboeckman@iowabar.org. 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 ddinkla@iowabar.org. Assistant Executive Director on page 6). Judge Robert Blink graciously lent Harry Shipley’s address is hshipley@iowabar.org. 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.