IOWAIOWATHETHE LAWYER LAWYERVVolumeolume 66 Number 6 June 2006

Marion Beatty takes leadership reins June 22

ALSO IN THIS ISSUE – Iowa team wins high school mock trial national championship – ISBA endorses new professional liability insurance broker – New attorneys join Iowa legal ranks – Arbitrating employment claims: Watch out for these traps – Improving access to justice

THE IOWA LAWYER CONTENTS Volume 66 Number 6 June 2006 President’s Letter: Sail away – Salvo . . . 5 to justice – Toresdahl ...... 14 Published at 521 East Locust Marion Beatty takes leadership reins . . . 7 Amendments to articles of incorporation 15 Des Moines, Iowa 50309 Special welcome (photo) ...... 9 Ag law website available ...... 16 Steve Boeckman, Editor Iowa’s Valley High School wins College Mock Trial tournament 515-243-3179 national title ...... 10 – Hoffman-Simanek ...... 17 ISBA endorses new professional YLD President’s Letter – Preston . . . . . 18 liability broker ...... 11 Leadership Circle ...... 19 Bridge the Gap prize winners (photo) . . 12 Transitions ...... 20 Law Day activity (photo) ...... 13 Annual Report to members . . Centerspread THE IOWA STATE BAR ASSOCIATION Seventy eight new attorneys join ranks . 13 CLE calendar ...... 45 OFFICERS 2004-2005 Taking steps to improve access Watch out for these traps in President, J. C. Salvo employment law – Harty ...... 53 President-elect, Marion Beatty Vice President, Joel Greer Around the Bar Immediate Past President, Nicholas Critelli, Jr. Dinner honors Streits ...... 54 Executive Director, Dwight Dinkla Canadian Consulate pays a visit (photo) 55 Blink THE IOWA LAWYER On shutting it out – ...... 56 (ISSN 1052-5327) is published monthly by The Iowa State Classified Ads ...... 57 Bar Association, 521 East Locust, Des Moines, Iowa 50309. Subscription included in membership fee. Non-members, Lawyer by day, mountaineer $30 per year. Periodicals postage paid at Des Moines, Iowa. by night – Olson ...... 60 Postmaster: Send address changes to The Iowa Lawyer, 521 East Locust, Des Moines, IA 50309. The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave., ABOUT THE COVER Des Moines, IA 50322. Telephone (515) 270-0402. Art Director: Peggy Card Marion Beatty stands ready to take over the Classified Advertising reins as the 120th president of The Iowa Qualifying ISBA members – 2 months free; $75 thereafter Non-members – $110 for 100 words per insertion. State Bar Association on June 22. A Decorah See classified section for details. attorney in a six-person office, he has many For Display Advertising Rates Contact David R. Larson (515) 440-2810; or write: goals for his year as president. Learn more The Iowa Lawyer, c/o Larson Enterprises, 909 50th St., West Des Moines, IA 50265. about the man who adopted Decorah as his Communicating with The Iowa Lawyer online: home 29 years ago and is one of its most vocal Send your comments and Letters to the Editor to [email protected]. Please include your daytime phone cheerleaders beginning on page 7. number should we need to contact you with an answer or for verification. Executive Director Dwight Dinkla’s electronic mail address is [email protected]. Assistant Executive Director Harry Shipley’s address is [email protected]. Searching For an Open-and-Shut Case for Greater Productivity?

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The President’s Letter

A year ago this month, I remember wondering how will I be able to find the time every month to prepare and timely Sail Away submit my thoughts and comments for publication under the banner of the President’s Letter in The Iowa Lawyer. And now I find myself, with some regret I might add, penning my final letter as your president. I have really enjoyed the opportunity to communicate with all of you each month and have been pleasantly surprised to have received so many comments and responses to my letters. They have really provided some interesting and engaging exchanges. It is hard to believe that this Bar association year is over for me. On June 21 I will pass on the gavel to Marion Beatty, your president for the next 12 months. I’m sure you will find as I have that Marion is a talented and hardworking lawyer, very eager and very capable of leading our professional association. It will be your joy to experience his energy and vision. I wish Marion, president-elect Joel Greer Trudy and J.C. Salvo dangle their feet in the warm waters of the Caribbean during a get-away- and vice-president-elect Dan Moore the from-it-all trip several years ago. He keeps the photo on his desk to remind him of how best; they have prepared well for their fortunate he is during times of stress.

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 Michelle McGovern Des Moines 515-281-6620 YLD OFFICERS: DISTRICT 2B Susan Low Des Moines 515-283-4072 Matthew Preston, President, Steven Hendricks Fort Dodge 515-576-4127 Connie Diekema Des Moines 515-288-0145 Cedar Rapids 319-866-9277 William Lorenz Marshalltown 641-752-4271 DISTRICT 6 Jen Chase, President-Elect, Jim Robbins Boone 515-432-7114 Timothy McMeen Marengo 319-642-5521 Waterloo 319-234-2638 DISTRICT 3A James Craig Cedar Rapids 319-366-7331 Bridget Penick, Secretary, Randy Waagmeester Rock Rapids 712-472-3777 Marsha Bergan Iowa City 319-351-5193 Des Moines 515-246-4545 Marsha Beckelman Cedar Rapids 319-297-7515 Joseph Moreland, Immediate Past President, Christine Luzzie Iowa City 319-351-6570 Iowa City 319-337-9606

THE IOWA LAWYER June 2006 5 tasks. I thank them for their constant often under the radar and out of the clients and for our country. By fostering support and assistance. limelight. We all owe our Board of respect for the law and fighting to For me this has been an extremely Governors a debt of gratitude. maintain and improve the judicial system rewarding and enjoyable year. Sure it has Throughout this year, whenever and in which we believe, we do Justice for All. been quite hectic at times and often I wherever called upon, I was readily Finally, lest you think I forgot, I say wondered how I got into this deal. The provided without complaint, answers thank you to Trudy, my companion and most common questions I received after and assistance from your overworked and soul mate of over 37 years. Little could “are you nuts?” were: “how do you get it under-appreciated professional Bar staff. anyone have guessed, what with men all done?” or “do you have any practice We are extremely fortunate to have the landing on the moon, Mickey Mantle left?” or “aren’t you glad it’s about over?” services of Dwight, Harry, Mary(s), Steve, retiring, the Charles Mason family or “do you have any regrets?” In order, Brian, Christy, Jim, and all the talented committing mass murders, folks traipsing my answers are: probably, with help and folks who labor every day in your Bar around Woodstock, and awaiting my patience from my friends, a little, no, and office. I apologize for not publicly number in the Vietnam War draft lottery, a few. But without a doubt, it has been naming you all, but you know who you that the most memorable event of the my privilege and honor to be your are and I thank all of you for helping me year 1969 would be our wedding. But you president, to represent you at functions make it through the year. know to me it is. And to all of you who and meetings, to speak on your behalf, And of course special thanks is owed to bet it wouldn’t last a decade (because she and to have had the opportunity to meet the incomparable Jim Carney. He is truly would have surely thrown me out) it’s some many fine and dedicated members a talented, resourceful, invaluable asset time to pay up. It has been so helpful and of this noble and honorable profession. to the ISBA. It has been my privilege and so wonderful that Trudy has been willing In my first President’s Letter I good fortune to have had his guidance, to participate in Bar activities, plan and suggested that we need to be proud of counsel, and friendship throughout arrange events, meet and assist our our profession and focus on lawyer pride. the year. members, and generally make me look a In each and every President’s Letter I As this is my final opportunity to whole lot better than I would be without have written and in each and every “have the mike” I also want to publicly her. For all of you who have had the speech that it has been my privilege to thank my partners for allowing me the pleasure to meet Trudy, you know what deliver, I mentioned ways we demonstrate opportunity to spend the time away I’m talking about. pride in our profession and called us to from the office to attend to the duties I included with my final letter the be proud to be lawyers. From my vantage and functions of The Iowa State Bar photo of Trudy and me sitting on the point as I have traveled around the state Association. This is truly a group dock in the Caribbean a few years ago. It this year, you continue to make me commitment; but only I get to wear the sits on the corner of my desk. Whenever proud to be a lawyer. hat and blow the whistle. And along with the stresses of the day get me down, it Throughout this year, whenever and my partners, I have had the generous and reminds of good times past, of what a wherever called upon, I always found a constant support of my staff as they have lucky guy I am, and of better days to ready supply of lawyers willing to step up all helped to adjust the schedules and come. As Trudy and I sail away into the to the plate and assist with projects and answer the demands of my clients. And to sunset, we wish you the very best and committees. Throughout this year, my legal assistant Linda, as anyone who offer to you the opportunity of looking whenever and wherever called upon, ever deals with my office knows is both at the picture and dreaming of a I was able to obtain guidance and my right and my left hand, I say thank better future. suggestions from the past presidents of you for not only keeping my professional the ISBA. These bar leaders freely offer ship afloat, but for taking on and Mille Grazie, their wisdom and continually share their excelling in the additional duties as experiences to benefit our association. I executive assistant to the president of commend them to our association as a The Iowa State Bar Association. valuable yet untapped resource. As I reflect on all we have Throughout this year, whenever and accomplished this year, I am more wherever called upon, I engaged the and more convinced that we as a J.C. Salvo boundless energies and talents of your profession have the desire and the Board of Governors. These bright and commitment to maintain the traditions of talented lawyers, the unsung heroes of the past, the ability and willingness to your Bar association, promptly review adjust to the changes and the demands and study matters presented, meet and of the present, and the vision and the actively discuss the issues raised, and imagination to dream of a better future civilly and professionally reach consensus, for ourselves, for each other, for our

6 THE IOWA LAWYER June 2006 Meet ISBA’s 120th President – Marion Beatty takes leadership reins June 22 Q. What do you remember most or works full time teaching English as a appreciate most about growing up second language. on the farm? Laura, 23, is studying for a masters degree in teaching from the University A. I have many fond memories of my of St. Thomas in St. Paul, Minn., after family and friends working together receiving her undergraduate degree in on the farm. The farm instilled a great communications and Spanish. She works sense of self-discipline, self-reliance and full time also. She is getting married in responsibility in each of us. Our parents September. Her fiancé, Sam Newton, is an helped us develop a strong work ethic auditor/accountant with Deloitte and on the farm. Touche in Minneapolis. Jeffrey (Jeff), 19, just finished his Q. Why did you choose Luther College for sophomore year at the University of Iowa your undergraduate education? and is pursuing a triple major in political A. My older brother, Charles, who is science, English and Spanish. In fact, he is now the Chair of the Department of going to Spain to study this summer. Otorhinolaryngology at the Mayo Clinic in All three children have attended the Rochester, was attending Luther College. University of Iowa as undergraduates. On June 22, Marion Beatty becomes I came up for a visit to the campus and All three were very good students. Most The Iowa State Bar Association’s 120th thought it was a perfect fit. I fell in love importantly, they are very good people. president. In that role, he will be with the campus and the people and have Peggy and I are fortunate to be blessed responsible for leading the 7,700-member maintained that relationship ever since. It with such great children and it is association, the oldest voluntary bar has been my privilege over the years to be extremely gratifying to watch their association in the country featuring the the college’s local general counsel and continuingSchneider-Busines success. Eval 1/22/04 8:59 highest percentage (88-90%) of members work with the college’s outstanding staff from among attorneys in private practice and administration regularly. I was in the state. humbled to receive the Distinguished Who is Marion Beatty, and what is he Service Award from Luther in 2005. likely to be as a leader? Luther College has been a very “The Iowa Lawyer” recently asked Beatty important part of our lives. My three some of those questions. Following are his brothers and my sister all attended Luther answers. College. I met my wife, Peggy, at Luther. Her brother and sister also graduated Q. What is your background? from Luther. A. I grew up on a farm near Vinton, Iowa, I and graduated from high school in 1971. Q. Can you tell us about your wife and Preparing complete, accurate, written reports for I litigation I then attended Luther College in your family? Decorah, Iowa, graduating with a BA in support I economic loss in History and English in 1975. I was a true A. Peggy and I met at Luther College and personal injury and death I have been together now for more than 30 liberal arts student as I had taken a divorce settlements I employee years. She has been a teacher in the substantial number of business, science stock ownership plans I damages Decorah Community Schools since 1980. (including anthropology and biology) from lost profits I estate and gift and psychology courses. She is currently serving as the talented and taxes I acquisitions and sales Immediately after graduation from gifted coordinator at the Middle School. Luther I attended the University of Iowa She has coached many teams including Future Problem Solvers, Mock Trial Attorneys, CPA’s, IRS Experts, CFA, Law School. I was in the accelerated American Society of Appraisers, program which meant I went year-round teams both in the Middle School and Senior Member (individual). from the summer of 1975 to the summer High School, National History Day and other competitions. of 1977 when I graduated. I joined PHILIP SCHNEIDER the Miller Law Firm in the summer of We have three children, Benjamin & ASSOCIATES, INC. 1977 and I have been here in Decorah (Ben), 26, lives in Prague, Czech Republic. www.schneidervaluation.com ever since. He is obtaining his Masters Degree in 515-225-0000 or 1-800-383-3083 International Business through DePaul Fax 515-225-1539 ONE CORPORATE PLACE University’s International Business 1501 42ND STREET • SUITE 294 Program located in Prague. He also WEST DES MOINES, IOWA 50266-1098

THE IOWA LAWYER June 2006 7 Q. Why did you decide to contract, and livestock cases, as well as system here in Iowa. It is unsurpassed become a lawyer? cases involving crop failures. We feel we nationally for accessibility and the high are a true Iowa firm. There are not many quality of judges. People are still able to A. The initial reason was that I was small firms left who have the opportunity access our courts, although it is becoming interested in helping people. I truly to try everything from products liability somewhat more difficult with limited staff, thought that being a lawyer provided a cases and personal injury cases to civil and the budget crisis. unique opportunity to provide service and rights cases. Fortunately, we do get that Professionally, I have been fortunate to assistance to people who most needed it. I opportunity here in Decorah and the have received many honors. It is difficult think the University of Iowa Law School greater region we serve. to identify any specific one for which I am permitted students to develop into lawyers I must say I have enjoyed trying cases most proud. One of the highest honors is who could make a positive difference. with a number of great lawyers in Iowa. We certainly being elected President of The certainly have a strong and competent Bar Iowa State Bar Association. I am very Q. What kind of law practice do you and Bench in this state. The lawyers and proud of my past service as President of have in Decorah? judges are as good as any on the planet. the Iowa Defense Counsel Association and A. We are a six-person law firm, five of my membership in the Iowa Academy of whom actively practice. While some of my Q. What do you feel are some of your Trial Lawyers where I serve on the Board. partners focus on real estate, probate, greatest honors and accomplishments as a It was a high honor to be selected into the taxation and transactional work, the focus lawyer or those things of which you are American College of Trial Lawyers as well. of my practice has been primarily civil litigation. Our firm has tried a wide variety most proud? Q. I understand one of the issues you want of cases both criminal and civil. We’ve A. My greatest satisfaction has come from to address in your presidency is keeping the knowledge that over the years I have handled cases ranging from minor traffic attorneys in rural areas, is that correct? tickets to cases involving several million had the opportunity to help many people, dollars in civil disputes. some of whom could afford a lawyer, but A. It is interesting that you ask that ques- I think that is the joy of a rural practice many who could not. Our firm provided tion because it is of concern. I know from like ours. We have the chance to be those services and good results, which talking with the Board of Governors and engaged in all kinds of cases. I try divorces, made their lives often easier and better. other lawyers that recruiting new lawyers automobile accident, insurance defense, I truly believe that we have a great court to rural areas is very difficult in a lot of communities. Established lawyers are

8 THE IOWA LAWYER June 2006 having a difficult time attracting someone like Laura Maki in our office. She is a young lady who could go anywhere in the country to practice, but she elected to come to Decorah and practice with us. We are fortunate to have a young lawyer like her. However, when I look around many of the rural communities I do not see many firms hiring young lawyers and retaining young lawyers. There are many reasons for this development, which include a John Wheeler, director of the ISBA’s Center for Law and Civic Education, received a migration of legal work away from rural special welcome when he came to work on May 9. Students from Valley High School, communities, an inability to financially state champions for the 2006 High School Mock Trial competition, taped this sign to the support young lawyers with large student ISBA office building. The team was leaving for the national competition in Oklahoma City debt, and a lack of work at reasonable pay the next day, and apparently wanted to show John their gratitude. when representing those who qualify for indigent defense. recommendations as well. Finally, besides continuing the I do not want to leave the impression This year it is also important that we development of our many member that I am looking only at the problem of address the lack of gender balance in services which include CLE, IowaDocs, retaining lawyers in rural areas, however, as leadership roles within the Iowa Bar, as Civil and Criminal Jury Instructions, I believe that it is difficult to retain and well as diversity issues. Fastcase, insurance vendor options, list maintain enthusiastic young lawyers in the Additionally, I can anticipate addressing serves and the myriad of other products, larger urban firms as well. the housing needs of the ISBA. We will be we will continue to work to add more I think we need to aggressively address working on acquiring our new building, benefits. I am looking forward to working the issues confronting young lawyers who remodeling plans for the building, and the with the Board of Governors, staff, and have been attracted to the profession, but fundraising efforts that will necessarily be the members of the ISBA to continue become disillusioned with it. We need to involved in this exciting transition from our proud tradition of being the most know what we can do in the senior rented facilities to a building we own. successful Bar Association in the country. Bar to assist them in obtaining a comfort I would expect that we will follow level in their practice which is satisfying. through with the Access to Justice We need to help them balance family, Commission, which was rolled out by J.C. professional and community obligations. Salvo this year. It should prove to be very Bronson worthwhile in addressing the unmet civil Q. What are some other issues you hope to law needs of Iowans who least can afford Brokerage Inc. address in your presidency? a lawyer’s services. Along with this effort Broker of High Net Worth A. I hope to build on the many successes I want to strengthen our bench bar of the past presidents and their boards. In relationships and improve communication Life Settlements order to be a good leader I know I first within the profession. need to be a good listener. I want to Also, we hope to work with the ISBA listen to the board and pursue the Public Service Project to: Michael J. Bronson, agenda it determines to be the right I develop a Loan Assistance Program, LUTCF one for the organization. which will be used to encourage We, of course, will continue our support newly admitted lawyers to work in of Iowa Legal Aid, a strong legislative pro bono settings both in urban and We buy Life Insurance rural communities; program for Iowans through the lobbying Unwanted, Unneeded, efforts of Jim Carney and Jenny Tyler, and I develop procedures, manuals and support of the YLD programs. Certainly we assistance in preparing for disaster that Expensive will continue to support and develop the may affect our communities. (This Mock Trial program, the “Know Your would be a follow up on the Disaster TERM –– UNIVERSAL Constitution” program and other similar Response Task Force that Nick Critelli efforts which enhance our public image helped establish.) PO Box 8636 and the public’s positive interaction with I develop materials to help in business Cedar Rapids, Iowa 52408 lawyers and judges. I believe that the continuity planning for our members who might experience the loss of a work of the Public Image Task Force in Call Office 319-396-8030 improving the public’s understanding of partner or partners due to death or illness, or disaster in their own firms Mobile 319-981-0443 the legal profession and the public image Fax 319-396-7866 of lawyers has been worthwhile and such as floods, fires, technological I look forward to receiving that report failures and related unexpected E-mail [email protected] and implementing some of those occurrences. THE IOWA LAWYER June 2006 9 Iowa team wins national title in high school mock trial competition A high school mock trial team that has been together for six years received the ultimate reward for its hard work when it was crowned the national champion on Mother’s Day weekend. The team from Valley High School in West Des Moines, the 2006 state champions, successfully prosecuted a case against the University of Michigan at Kalamazoo in the final round of the competition to take the top spot in the nation. A panel of 10 judges ruled on the case at the national competition in Oklahoma City. “The team vowed this would be their year when they placed 15th in the national competition last year,” said Maureen Tobin, one of the attorney coaches of the team and mother of team member Nora Tobin. Members of the Valley High School Mock Trial team that won the national championship last month are (front Tobin attributed the team’s stellar row from left): Alex Salem, Nora Tobin, Tracey Shi, Elyse Lyons. Back row (from left): Van Everett, Elizabeth showing to a couple of factors: The team Barrent, Ella Doerge, Philip Sandager and Amy Paul. members showed an “unfailing courteous attitude” to the judges and the opposing team had plenty of experience in the national championship this decade. A counsel. And, they learned the rules of prosecutorial role, having prosecuted the team from Pocahontas took the top evidence and “worked hard to apply case twice in the preliminary rounds of honors in 2001. existing laws to the case.” the competition. “We want to acknowledge the support Tobin said all of the teams in the “I thought we had won all four rounds from the ISBA,” Maureen Tobin said in national competition received the case in (in the qualifying rounds),” said Jim a statement during a congratulatory early April. That gave them about five Holcomb, another of the team’s attorney ceremony for the team at Valley High weeks to prepare both a defense and a coaches who has been coaching mock trial School. “The Bar association has given prosecution. The Valley team, who are all teams for 19 years. “In the subjective us so much. We are proud as members of seniors except for one member, practiced judging portion of the competition, you the Bar association to have been involved four times a week for two hours each time need a little bit of luck. We were well with this team.” to get ready. positioned to take advantage of that little The weekend competition coincided The case was a defense case, said Nora bit of luck.” with Valley High School’s prom on Tobin. That made the team’s job of The Valley team, most of whose Saturday night. After the final round, prosecuting the case in the final round members have been together since seventh without knowing whether they had won, a bit more challenging. However, the grade, is the second Iowa team to win the the students went back to the hotel and changed into their prom clothes to go to the awards banquet. Teams from other states were already in the banquet hall. “When our kids walked into the awards banquet, the other kids gave them a standing ovation,” Holcomb said. In addition to taking the top spot as a team, two of the members – Van Everett and Elyse Lyons – received outstanding attorney awards. Alex Salem received an outstanding witness award. In addition to Everett, Lyons, Salem and Tobin, the rest of the team members are Elizabeth Barrent, Ella Doerge, Amy Paul, Philip Sandager and Tracey Shi.

10 THE IOWA LAWYER June 2006 ISBA endorses new professional liability insurance broker The Iowa State Bar Association has I A contract form superior to the existing on the website. Or, call the ISBA Insurance endorsed a new broker for its professional carrier’s contract, which was already Program at (800) 679-7154. Customer liability insurance effective immediately. believed to be one of the broadest policy service representatives are available Lockton Risk Services, headquartered in forms available. Monday through Friday from 8 a.m. to 5 Overland Park, Kans., with an office in p.m. to answer any questions and to help Westport Insurance Corporation, a West Des Moines, was recommended by walk through the application process. carrier rated “A” by AM Best, has been the ISBA’s Bar Insurance Committee and Below are some frequently asked selected as the carrier for the program. It approved by the Board of Governors at a questions and answers to provide members will replace Interstate/Chicago which was special telephone meeting May 15. The with additional information: the carrier in the old program. endorsement of a new broker comes just as Reynolds and Reynolds in Des Moines many members are receiving their annual continues to be the ISBA’s endorsed Q. Why did the Bar decide to renewal notices from the former broker, broker for all other forms of insurance, change vendors? Marsh Affinity Services. including health, life, long-term care, etc. A. The price and coverage offered by the According to the Insurance Committee, Members who have received notices to new carrier are superior to our existing Lockton was chosen from among several renew their malpractice insurance policies program. In addition, our new endorsed prospective providers of professional are urged to contact Lockton at (800) carrier offers some interesting risk liability insurance for a number of reasons: 679-7154 immediately, so that they can management tools, which should be of I Its ability to tailor programs around the provide a premium quotation. benefit to many members. Examples of needs of members, and to have those For additional information about the these include on-line articles, office programs take effect immediately. program, visit the Member Benefits section practice checklists, sample documents I Generally lower rates than those of the at www.iowabar.org., or read the Bar and summaries of recent case law relevant current program; many members may Insurance Committee report in the 2006 to malpractice. More details on these see premium decreases at renewal Annual Report in the center of this issue. benefits will be communicated to you depending on the individual situation. An online contact request form is available shortly by Lockton.

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THE IOWA LAWYER June 2006 11 Q. Who are Lockton Risk Services and reinsurance knowledge. we recommend letting them know and Westport? Both firms are highly regarded and are when your policy expires. Due to the committed to our program. cancellation penalties contained in your A. Lockton Risk Services is headquartered policy, we do not recommend mid-term in Overland Park, Kansas but has a branch cancellations. office in West Des Moines, which Q. Are the people employed by specializes in Professional Liability Lockton knowledgeable about Lawyers’ insurance. They are an affiliate of the malpractice insurance? Q. Will the old carrier still handle Lockton Companies, the largest privately A. Yes, the individuals representing past claims? held commercial insurance broker in the Lockton have considerable experience A. Yes, Interstate (the old carrier) is still United States. Lockton was formed in the with this specialized coverage. Kirke contractually bound to adjudicate prior late 1960’s and employs approximately Dorweiler, Lockton’s Executive Vice year claims. Although Lockton will be 2,000 people in 19 offices located President, was formerly with KVI and reminding you at your renewal, all known throughout the US. Marsh and has worked with ISBA and our claims and/or circumstances which could Westport Insurance Corporation is a members in the past. Of all the proposals lead to a claim should be reported to specialty insurer based in Kansas City and we analyzed, we believe Lockton brought your old carrier prior to the expiration is part of the Employers Reinsurance to us the best combination of price, of your policy in order to avoid potential Group, which does business under the coverage and insurance company financial claim issues. GE Insurance Solutions brand. They are rating available in the market. currently in the final stages of being Q. Does the Westport policy provide purchased by Swiss Re. After the purchase, Q. Why does the Bar endorse only prior acts coverage? Swiss Re will be the world’s largest one carrier? A. The Westport policy will provide prior reinsurance company and one of the acts coverage for the “named insured” and largest writers of Lawyers Professional A. The Bar endorses only one carrier “predecessor firm” subject to your prior Liability. The sale provides Westport with in order to attract the interest of a acts retroactive date (if any). an even more highly rated corporate competitive carrier and motivate it to incur The policy also offers prior acts parent with tremendous financial the expense of filing forms and rates with protection to past and present individual strength and cutting edge insurance our state Insurance Division. With one carrier, we can pool and concentrate our lawyers as defined in the policy. purchasing power; endorsing multiple These questions and answers are American Association carriers would defeat this purpose. provided for illustrative purposes only. of ADR Attorneys Refer to the actual policy wording for a Q. What do we need to do to get a quote? complete description of all policy terms and conditions. The determination of A. To get a quote, simply contact Lockton coverage at the time a claim is made is MEDIATOR at 1-800-679-7154 ninety (90) days prior to dependant upon the actual policy wording the expiration of your current policy. We TRAINING and the nature of the claim presented. are trying to obtain a list of current If you have any additional questions, insured expiration dates from our prior A primary mediation class please contact Lockton directly at broker for Lockton, and if successful, (40 hours CLE, 2 hours ethics) 1-800-679-7154. will be held on July 24-28, 2006, Lockton will contact you. But to be certain, at the Drake Legal Clinic, 2400 University, Des Moines, Iowa. I The instructor is Richard M. Calkins, former Drake Law School dean, who has conducted classes for over ten years and has done over 1600 mediations himself. I Dean Calkins teaches the caucus format of mediation with emphasis on nonadversarial techniques. I Classes include hands-on training with each student conducting two full mediations. Bridge the Gap prize winners – Four of the prize winners from the Bridge the Gap conference For more information, contact Susan Ewing 515-283-0331 or held early last month display their winnings. From left are: Gary Jones, a gift basket from [email protected] Wahltek; Grant Sanders, a laptop computer from the ISBA; Rolfe Aronsen, a gift certificate for $100 from Marsh; and Gregg Narber, a gift certificate from ICIS.

12 THE IOWA LAWYER June 2006 Law Day activities – Jill Jensen-Welch with the Dickinson, Mackaman, Tyler & Hagen, P.C. law firm in Des Moines shares some pointers on their rights and responsibilities under the law once they turn 18 with students at Johnston High School and over the ICN with students at Bondurant High School. Her presentation, along with presentations from Bridget Penick of the same firm and Benjamin Roach from Nyemaster, Good, West, Hansel, O’Brien, P.C., were part of the 2006 Law Day activities sponsored by the ISBA on Law Day, May 1. The presentations centered on the recently released booklet “On Your Own: Your Legal Rights and Responsibilities as an Adult,” which was published by the YLD Law-Related Education Committee.

Seventy eight new attorneys join Iowa’s legal ranks A total of 78 new attorneys Langel, Todd University of California – University of Miami who passed the Bar exam in Lantz, Megan Los Angeles Van Brederode, Tara February were officially Linn, Jos Bushman, Katherine University of Michigan admitted to the practice of Long, Jennifer University of Dayton D’Aunno, Lisa law in Iowa at a swearing-in Lovetinsky, Tracy des Jardins, Patricia Marra, Kelly ceremony in late April. Mauk, Matthew University of Iowa University of Minnesota The class of February ‘06 Morris, Keisha Goodman, Heidi Smith, Adam represents slightly more than Myers, Beth Green, Lisa University of Oregon 74 percent of the 105 students Orsini, Marshall Hagerstrom, Felicia Huss, Robyn who sat for the semi-annual Page, Darren Hektoen, Matthew University of South Dakota Bar exam administered by the Porter, David Kamath, Anant Cord, III, Mark Iowa Board of Law Examiners. Prey, Katherine Klotzer, Elizabeth University of St Thomas Successful candidates, listed Ray, Chad Rasmusson, Matthew Porisch, Thea alphabetically by law school, Relph, Dustria Ripley, Will University of Virginia are as follows: Rosenow, Brian Shropshire, Keli Hashmi, Ferzana American University Rowald, Carrie Slocum, Jennifer Washington University Stites, Alison Schreiber, Shea Smith, Daniel Neal, Bradley California Western University Soltis, Jaci Vande Voort, Judd William Mitchell University Kehrwald, Adam Stanger, Kristina University of Kansas Hallenbeck, James Case Western University Wurzburg, Jeff Cook, Benjamin Ditsworth, Shawna Beno, Robert Zeutenhorst, Zoshua Mundt, Christopher Chicago-Kent College of Law George Mason University Javaherian, Arshia Gainer, Robert Georgetown University Creighton University Balus, Allison Business Valuations Alhejaj, Roxanne Indiana University and Litigation Support McMahon, Ann Schutte, Matthew Rohling, Ann New York University Templeman, Joel Willits, Emily Drake University Ohio Northern University Armstrong, Jessica Nosco Jr, Eugene Alan D. Ryerson Banks-Radke, Cynthia St Thomas University CPA /ABV, ASA Beaman, Bradley Mines, Josie Benson, Jennifer St John’s University BUSINESS Brennand, Keriann Curry, James CAPITAL Coppola, III, Joseph Thomas Jefferson University CORPORATION Dreckman, Kristine Harshbarger, Jared Your True Strength. Hansen, Christopher Thomas M Cooley University Happe, Joshua Myers, Phillip 666 Walnut Street Suite 1508 Jacobson, Lauren Des Moines, Iowa 50309 University of California – Berkley Gregory L. Weber Kennedy, Austin Sieverding, Craig 515-282-8019 Fax 515-282-0325 www.businesscapitalcorp.com CPA /ABV, ASA Kuhn, Cori

THE IOWA LAWYER June 2006 13 ISBA taking steps to improve access to justice in Iowa By Brett Toresdahl* Equal access to justice in Iowa is not a objectives and then implement the 2. Consider the legal needs and access reality. Every month hundreds of Iowans necessary steps to address the identified issues of persons with moderate means do not have the opportunity to resolve needs. It should be a broad-based, ongoing who do not qualify for existing legal their legal issues because of barriers that effort to focus on the continuing changes service programs. stand in their way. in the civil legal service community and to 3. Develop a strategic plan for the delivery Your Bar association and your President, create strategies to make access a reality for of civil legal services. J.C. Salvo, want to break down these more Iowans. 4. Foster coordination of the organizations barriers and address the issues facing our There are many individuals and that provide services including non-legal most vulnerable citizens. In recent years, organizations in Iowa, especially Iowa organizations. there has been a movement around the Legal Aid, who are doing wonderful work 5. Increase resources and funding for country where state supreme courts and and serving as many Iowans as their access to justice services and issues. Bar associations have come together to resources allow. But the reality is that 6. Coordinate efficient use of available create access to justice commissions in there is still a large unmet need. This resources among the service providers. their states. commission will be able to identify, 7. Develop and implement other initiatives President Salvo has put in motion a plan coordinate and begin to address issues designed to expand access to justice. to move this concept forward here in Iowa. that are barriers to access to justice for our It is his goal, after appropriate study, to sit citizens. By bringing together key leaders Some of the issue areas that this down with the chief justice of the Iowa from the Court and Bar as well as commission might focus on include: Supreme Court and encourage the Court providers and other stakeholders, these funding for civil legal assistance, pro to consider establishing an Access to barriers can be confronted and solutions bono and public service, education and Justice Commission that will address this can be implemented. awareness of delivery issues, program important issue. As envisioned at this very preliminary collaboration, translation/interpreter An Access to Justice Commission is a stage, the mission of the commission needs, and self represented clients. body created by the state supreme court would be to focus on providing access to President Salvo has appointed an ad hoc that brings together representatives of key justice for all Iowans. It would have goals committee whose primary purpose is to institutions involved in improving and such as: formulate a plan for the establishment of expanding access to civil justice for 1. Determine the full range of unmet legal a statewide Access to Justice Commission. low- and moderate-income Iowans. needs of vulnerable Iowans by Kevin Collins, ISBA Advisory Board The commission will identify goals and conducting a legal needs study.” member will serve as the chair of this committee. Also appointed to the committee are: Christine Luzzie, ISBA ADMISSION ON MOTION Board of Governors, The Honorable The following have applied for admission on motion to the Iowa bar: Celeste Bremer, U.S. Magistrate Judge, Mary Alene Donovan, Koley Jessen PC, Omaha; Scott Paul Miller Miller Legal Brett Toresdahl, ISBA Public Service Strategic Planning Centers, PA, Tyler, Minn.; Project, and President Salvo. He asked the Anyone with questions or comments should contact Keith Richardson, Clerk of committee to complete its work and make the Supreme Court, at (515-281-5911, or write to the office of Iowa Supreme Court a report by May 30. The report will set Clerk, 1111 East Court Avenue, Des Moines IA 50319. forth a plan and make recommendations to assist in the establishment of an Access

Bruce W. McKee z Michael G. Voorhees z Edmund J. Sease z Mark D. Hansing to Justice Commission in coordination Kirk M. Hartung z Heidi S. Nebel z Wendy K. Marsh z Jeffrey D. Harty and in partnership with the Iowa Christine Lebrón-Dykeman z R. Scott Johnson zJohn D. Goodhue Supreme Court. Lila A. T. Akrad z Steven P. Smith z Robert A. Hodgson z Janaé Lehman Bell Successful access to justice efforts are Bart A. Fisher z Jason F. Lindh z Kurt Van Thomme z Janet E. Phipps-Burkhead founded upon a strong partnership among the Bar, the judiciary, and legal service providers. We have a critical need in this

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12345678901234567890123456 12345678901234567890123456TM 12345678901234567890123456 12345678901234567890123456 C 12345678901234567890123456 *Brett J. Toresdahl is executive director of the ISBA Public Service Project. Des Moines z www.ipmvs.com z 515-288-3667

14 THE IOWA LAWYER June 2006 Changes were overdue – Amendments to Articles of Incorporation improve conformity with Iowa’s Revised Nonprofit Act In a special telephonic meeting May 15, with fairly little substantive change,” he says. as parliamentary meeting rules. The Iowa State Bar Association Board of In addition, the task force added a table I Adds record dates for rights to notice Governors approved amendments to the of contents to make specific provisions and right to vote. association’s articles of incorporation that within the bylaws easier to find. I Allows the BOG to ask for membership will put them in compliance with the Following is a summary of the amend- action via written ballot. 2004 Revised Iowa Nonprofit Corporation ments to the articles of incorporation that Board of Governors: Act and improve their structure and the BOG approved: I Gathers the various clauses concerning conciseness. the BOG, which are currently scattered Now the BOG is asking members to vote Amendments to the Articles of throughout the bylaws, in one place. on the amendments. The amendments Incorporation/Restated Articles I Gives the BOG the power to hire and I Adds a new “Objects” paragraph to fulfill must be accepted by 518 members, which fire the ISBA Secretary, and authorizes IRS requirements for a (c)(6) exempt is a two-thirds majority of 10 percent of the the Administrative Committee to fix the organization as to limitations on association’s total membership. compensation. activities, prohibition against private Members received a ballot via e-mail last I Allows governors to attend a meeting via inurement, and proper disposition of month asking them to vote “yes” or “no” telephone if all participants can hear assets upon dissolution. for the amendments. Those who don’t one another. I Removes the “Voting and Transacting have an e-mail address on file with the I Adds a minimum attendance clause Official Business by Mail” article ISBA received a paper ballot via U.S. for board meetings. because it is inconsistent with the mail. The deadline for returning the I Adds a new removal for cause newly revised Act. ballots is June 21. provision. I Replaces the old “Personal Exemption The amendments, along with a descrip- I Spells out precisely the vote required from Corporate Debts” clause, tion of what was changed, can be found on for a formal Board action. unnecessary because it is statutorily the ISBA website at www.iowabar.org. The I Places the Ways and Means and provided, with a new indemnification same explanation is being printed here for Administrative Committees as clause which takes maximum advantage those who prefer it in hard copy format. committees of the Board. of the revised Act. The task force of the Nonprofit Duties of officers: I Adds other amendments that largely Committee of the ISBA’s Business Law I Edits archaic language. reduce the unnecessary length of the Section, which revised the articles of I Adds a new clause creating the office current articles, by moving provisions incorporation, also suggested changes in of Executive Director, and specifying such as classes and rights of members; the association’s bylaws. Those changes will that the offices of Secretary and duties of officers, procedures for elec- be discussed and decided on by the BOG Executive Director shall be filled by tion to the BOG, and conduct of annual at the annual meeting in June. Members the same person. and special meetings to the Bylaws. do not need to vote on the bylaw changes. I Adds provisions making the Secretary However, they also are being printed here expressly responsible for the duties The following are the task force’s for member information. normally assigned to the Treasurer – suggested amendments to the ISBA According to Task Force Chair Mark an office the ISBA does not have. bylaws that the BOG will discuss and Truesdell, the revised articles and act upon in June: bylaws bring “new benefits to the ISBA, together with additional conciseness Bylaws Amendments FINLEY ALT SMITH and improved structure.” Membership: FINLEY, ALT, SMITH, SCHARNBERG, Truesdell says that the amendments, I Strikes “Sustaining Members” because CRAIG, HILMES & GAFFNEY, P.C. especially those to the bylaws: the ISBA doesn’t have any. I Employ the benefits of, and conform I Amends “Law Student Members” to LAWYERS the bylaws to, the newly Revised Iowa make clear that L1’s can join as well as All Types Nonprofit Corporations Act. L2’s or L3’s. Civil Litigation I Restructure the bylaws to be more I Changes the delinquency date for dues consistent both with the Act and the to reflect current practice. Mediation Services conventional structure of most bylaws. I Removes unnecessary wordiness from THOMAS A. FINLEY I Simply update the bylaws to conform the suspension/expulsion provisions. 699 Walnut Street, Suite 1900 to current realities. I Adds a quorum provision for Des Moines, IA 50309 membership meetings that was “The result is a much better-organized, previously lacking. 515-288-0145 more concise, and more functional set of I Replaces “Roberts Rules of Order” with bylaws for the governing of ISBA business www.finleylaw.com the new ABA “Modern Rules of Order” THE IOWA LAWYER June 2006 15 I Creates internal conforming is expected to meet as needed to I Transfers all excess section funds amendments as appropriate. accomplish the tasks with which it has remaining at the end of the fiscal year to Policies and procedures for committees, been charged. the association unless the BOG grants sections, and divisions: I Moves the Ways and Means and approval for retention. I Removes two significant restrictions: 1) Administrative Committees to the Board I Creates the YLD in the bylaws, not in the that a governor may not be a member of of Governors’ Article and recognizes articles of incorporation. The language any special or standing committee, nor them as committees of the board. is lifted from the articles of incorpora- of any section council, nor serve as a I Places a description of the function and tion without change. section council chair. 2) that no member authority of each committee, now found Indemnification: may serve on two standing committees in exhibits to the bylaws, into the bylaws I Simplifies the clause on indemnification at the same time. themselves. to take advantage of the new Act. I Extends the current bylaws governing I Eliminates the Law Practice I Moves the substantive provision of conduct of committees and sections to Management Section. maximizing the indemnification of the Young Lawyers Division. I Imposes a term limit of two consecutive governors and officers to the articles I Moves the YLD to the ISBA bylaws from three-year terms on members of a of incorporation. the ISBA articles of incorporation. section council. I Establishes a corresponding clause I Calls for all committees and sections to I Removes the one-year term limit for in the bylaws recognizing that be reviewed by the Committee on Scope section chairs indemnification of members and and Correlation of Work in 2009 and I Increases section dues to $15 from their employees is conformed to the every 10 years thereafter, instead of the current $10. language of the new Act. current practice of reviewing some committees and sections every year. Committees and sections: I Expressly states the difference between a “standing” committee and a “special” Ag law website available committee. A standing committee is The Iowa State University Agricultural of opinions from the Iowa Court of expected to meet no less frequently Law program in conjunction with the Appeals and Iowa Supreme Court as than quarterly; a special committee Agricultural Law Section of The Iowa well as the Iowa federal courts and the State Bar Association would like all Iowa 8th Circuit Court of Appeals of lawyers to be aware of the expansion and importance to agriculture. development of the Agricultural Law (3) Significant Opinions From Other website contained on ISU Extension’s Courts – summaries of opinions “Ag Decision Maker” website. Ag of other courts of relevance Decision Maker is a free internet site to agriculture. providing a wealth of agricultural (4) Taxes – various information files and business information. articles related to agricultural taxation In general, the Ag Decision Maker and law. website is designed for farmers, lenders, (5) Contracts – information files farm managers, and other professionals and articles. involved in agriculture and/or the (6) Legal Issues – various articles representation of agricultural clients. on agricultural law. The site offers a wide range of business information on legal and tax issues, The website is updated frequently and marketing, leasing, land values, costs and interested lawyers can sign up to receive returns, and new business development a free monthly e-mail notification of the among other topics. items that have been added to the site The Ag Law portion of the website can during the previous month. The e-mail be found by accessing the Ag Decision sign up is available by accessing Ag Maker’s homepage at http://www. Decision Maker’s homepage and clicking extension.iastate.edu/agdm. From there, on “Current Newsletter and Updates” at the Ag Law website can be found by the top of the page. clicking on “Legal and Taxes” on the Also, sign up is available by sending an left-hand side of the page. e-mail to [email protected]. A direct The site contains six databases: link to the ISU Ag Law website can be (1) Current Issues – short items of found on the Iowa Bar’s Ag Law Section current interest to practitioners webpage. Direct Link: http://www. and farmers. extension.iastate.edu/agdm/ (2) Recent Iowa Opinions – summaries wdlegalandtaxes.html

16 THE IOWA LAWYER June 2006 College Mock Trial – Tournament to return Wheeler receives annual Friend of Education Award to Des Moines in John Wheeler’s dedication to “Most of the programs I’m involved directing law and civic education with are active through the Young 2008 – mark your programs for Iowa’s educators and Lawyers Division and the Center for Law students recently was recognized with and Civic Education at the ISBA,” said calendars now an education award. Wheeler. He stated in his keynote By Tricia Hoffman-Simanek* Director of the Center for Law and speech, “Iowa lawyers care deeply about Civic Education at The Iowa State Bar their communities, their state, their For the 22nd straight year, Des Moines Association, Wheeler was honored with nation and the spread of liberty, equality was the site of the National Championship the Friend of Education award at the and justice throughout the world.” Intercollegiate Mock Trial Tournament, Des Moines Area Education Wheeler often sees his job as a bridge hosted by the American Mock Trial Association’s annual banquet in that links the legal and educational Association (AMTA) April 7-9. The April. He was also selected by the communities together to help today’s National Champion was the University Association to be the keynote speaker youth have a better experience and of Virginia. Harvard University was at the banquet. learning environment. He explained it the runner-up. “I am honored by this award and was great that people recognized the This is the last consecutive year the proud to consider myself an educator,” programs and the quality of programs tournament will be held in Des Moines. Wheeler said in his keynote speech. the ISBA has to offer. It will be held in St. Petersburg, Fla., at The annual Friend of Education In closing his speech he said, “As an Stetson University Law School in April award is given to recognize a specific official Friend of Education, I’m here to 2007. Des Moines will host the 2008 individual, who is not a teacher, for his help professionally and tournament. After 2008, however, the or her service to the Des Moines personally do what- tournament site will be up for bids. Every Education Association and Des Moines ever needs to be year, 384 judging slots must be filled for educators and their students. The done, to let you do the tournament to be a success. majority of past recipients of the award your job and go In his role as chairperson of the YLD have come from the political realm about the vital work Mock Trial Committee, Pat McAvan including First Lady Christie Vilsack, of preparing Iowa’s receives comments and suggestions from past governors and legislators. young people to meet the participants, coaches and even some “I didn’t know such an award existed, the challenges of spectators. McAvan reports that the but to know some of the previous democracy.” overwhelming response is that “people recipients I am honored to be held in really appreciate the quality of the judges, esteem with people such as Christie and how seriously the lawyers and judges Vilsack and legislators,” said Wheeler. who volunteer their time take the process. “It’s phenomenal.” The students feel they get treated A teacher/mock trial coach of a Des fairly in Iowa.” Moines area school, who was impressed It is clear from the participants that by the mock trial program Wheeler the efforts of Iowa lawyers and judges directs, nominated him for the award. are recognized and appreciated – and not Wheeler sees this award not only for just by other members of The Iowa State himself but also as recognition for the Bar Association. ISBA and the programs it provides. Mark your calendars now for April 2008, so that Iowa lawyers prove to the American Mock Trial Association that the Des Moines tournament will have the judges necessary for the competition. Show your commitment of Iowa lawyers to the program and help future bids for the tournament.

* Tricia Hoffman-Simanek is an attorney with Shuttleworth & Ingersoll, P.L.C., Cedar Rapids. She is a member of the Young Lawyers Division Mock Trial Committee.

THE IOWA LAWYER June 2006 17 YLD President’s Letter By Matt Preston, president The 2005 – 2006 hours as co-chair of the innovative to high school students in Des Moines. Bar Year has been Professional Development Committee, as LRE Committee members are available to another active year well as working with the State Fair Trial by present the information to young adult for the Young Jury and other services to the YLD and groups of any kind. The ISBA adopted the Lawyers Division of Bar. Pat McAvan has donated more hours democracy handbook project as a part of the Iowa State Bar than I’m sure he would care to count as its observance of Law Day on May 1, 2006. Association. The YLD Chair/Co-Chair of the Mock Trial The Know Your Constitution Committee held its quarterly Committee and has been instrumental in met in December and graded 852 exams meetings in Cedar the success of that program over the past representing 83 house districts. One Rapids, Council Bluffs, Des Moines, and few years. Finally, Alison Werner Smith hundred finalists were chosen to go to Ames. The YLD had not been to the deservedly receives honorable mention Des Moines for a luncheon, which was western part of the state or to Ames for two years in a row in the President’s final held on Friday, Jan. 6, 2006, at the West some time and those meetings proved to letter, for her work on Law Related Des Moines Marriott. At the luncheon five be excellent and productive locations. Education, with the State Fair Trial by students and their teachers were chosen to I would like to take this opportunity to Jury, and several other projects the YLD attend a week-long educational trip in thank the people in the YLD who allowed has been involved in. Thank you to each Washington D.C. This project remains a it to accomplish all that it did during the of these dedicated members. great project with visibility throughout past Bar year. First, my fellow officers, Jen A sample of the work done by YLD the state. Chase (President-elect) of Waterloo and committees this past Bar year is set The Bridge the Gap Committee held Bridget Penick (Secretary) of Des Moines. out below. its seminar on May 4-5, 2006 and had They have been great fellow officers, are In conjunction with the Des Moines approximately 340 attendees. both very organized, hard working and, quarterly meeting, the YLD and its Justice The Professional Development most important, fun people. The YLD is in for All Committee held its “first annual” Committee was very active again during very good hands. Thank you to the officers Barristers Ball. The ball was attended by 95 this past Bar year. The Committee’s Nuts and staff of the ISBA who have shown people, despite being held on a bad Iowa and Bolts Seminars were held on Oct. 5, incredible support for the YLD. winter night. The ball consisted of a 2005 at the Botanical Center in Des I would also like to thank all the District reception, followed by an excellent dinner, Moines, with 119 attendees and on Oct. 6, Representatives and committee members. dancing to live music, and a silent auction 2005 at the Clarion in Cedar Rapids, with They are the ones who do the real work of throughout the event. The ball was a 70 attendees. This represented an increase the YLD and do so with very little credit. charitable event and raised funds for the in attendance from 2004. Those seminars This letter does not permit adequate space ISBA’s Public Service Project. In addition, appear to have benefited from the creation to thank each of them who deserve it, but the Justice for All Committee has contin- of separate litigation and transaction tracks I would like to note a few members who ued to hold its annual central and eastern to ensure better relevance to different have especially gone above and beyond golf outings raising thousands of dollars practices. The committee has continued to during the past Bar year. Jacob Byland, for the Public Service Project. have a great response to its creative “Law Behnaz Soulati, and Katie Cownie worked The Law Related Education Committee Over Lunch series.” More than 400 lawyers very hard to put on both the Barristers Ball published a handbook for young adults participated in the seminars during the as well as the Central Iowa golf outings. this year. The handbook provides past Bar year, and the new series began on Ellen Ramsey-Kacena has put in many information regarding the rights and May 10, with topics of: June – Building/ responsibilities of young adults when they Managing your Law Practice; July – turn 18, covering useful topics such as Mediation/ADR; August – Family Law; credit and consumer finance information, September – Employment Law. how to rent an apartment or purchase a As usual, the Mock Trial Committee first home, basic information about remained one of the YLD’s most active and marriage, divorce and children, criminal visible committees, helping recruit judges law, government resources and voting and performing other duties associated rights. The handbook is available on the with the Junior High Mock Trial Bar website, and paper copies of the Tournament in November 2005, the High handbook are available in limited School Mock Trial Tournament last March, quantities for distribution. The handbook and the College Tournament in April. has been distributed to counseling centers, Nearly 4,000 students participate in junior Department of Human Services centers high and high school mock trial in Iowa, and local high schools across the state. Live requiring the recruitment of nearly 700 presentations of the handbook have been attorneys and judges to participate as made at the Juvenile Home in Toledo and judges at regional and/or state

18 THE IOWA LAWYER June 2006 competitions, and approximately 350 judges for the college tournament. The State Fair committee put on its daily Trial by Jury program at the fair, with attendance running at about 40 people per presentation. This is a Iowa Legal Aid kicked off the 2005 Campaign for Equal Justice last July to tremendous undertaking to recruit the raise funds to provide low-income Iowans with critical legal assistance with necessary judges, attorneys, court reporters issues involving abuse, health care, housing, utilities, public benefits and other and witnesses for each presentation, basic necessities. Law firms that donate at least $250 per year for each lawyer and reflects a very dedicated and hard- in their firm distinguish themselves as members of the Campaign’s elite working committee. Leadership Circle. The Services to the Elderly Committee Iowa Legal Aid sincerely thanks the following law firms that joined the continued to distribute its popular Leadership Circle prior to March 31, 2006, the end of the 2005 Campaign: Older Iowans Handbook, distributing Ahlers & Cooney, P.C. of Des Moines; Steven C. Anderson, Attorney at Law approximately 10,000 copies in the past PLC of Iowa City; Anderson & Tully, P.C. of West Des Moines; Baker, Johnsen & Bar year. Of those copies, fairgoers at the Sandblom of Humboldt; Beving, Swanson & Forrest, P.C. of Des Moines; Lee B. Iowa State Fair picked up nearly 2,000 Blum of Hampton; Boehlje Law Firm, P.L.C. of Pella; Bradley & Riley, P.C. of of them. That handbook is always one Cedar Rapids; Brady & O’Shea, P.C. of Cedar Rapids; Bray & Klockau of Iowa of the most popular items at the ISBA City; Buchanan, Bibler, Buchanan & Gabor of Algona: Campbell Law Firm of Des State Fair booth. Moines; Carpenter Law Firm, P.C. of Des Moines; Cassel, McMahon & Stowater The past three years as an officer of of Algona; Roxanne B. Conlin & Associates, P.C. of Des Moines; Martin A. Diaz the YLD, and in particular the past year as Law Firm of Iowa City; Elderkin & Pirnie, P.L.C. of Cedar Rapids; Leif D. President, have been incredibly rewarding Erickson, Attorney of Souix City; Faegre & Benson, L.L.P. of Des Moines; James both professionally and personally. I P. Fahey of Omaha; Fitzsimmons & Vervaecke of Mason City; Fulton, Martin & have had the chance to meet with YLD Andres, P.C. of Waterloo; Galligan, Doyle & Reid, P.C. of Des Moines; Goodman leadership from nearly every state, ABA & Associates, P.C. of West Des Moines; Greer Law Office of Spencer: Griffin, and ABA YLD leadership, nearly every Dew & Kintigh of Ottumwa; Harding Law Office of Des Moines; Harrison & ISBA Board of Governors member, Dietz-Kilen of Des Moines; Hayes Lorenzen Lawyers PLC of Iowa City; Lorelei members of the Iowa Supreme Court, Heisinger, Attorney at Law of Waterloo; Hemphill Law Office of Spencer; Clint Court of Appeals, Iowa House and Senate Hight, P.C. of Greenfield; Holland & Anderson LLP of Iowa City: Staff of Iowa members, State Fair attendees, mock trial Legal Aid, Statewide; Jackson & Jackson, P.L.C. of Cedar Rapids; Law Office of participants, new admittees of the Iowa Larry James, Jr. of Des Moines; Kane, Norby & Reddick, P.C. of Dubuque; Krafka Bar and others. This has truly been a rare Law Office of Ottumwa; Thomas A. Krause, P.C. of West Des Moines; Kuehnle privilege and opportunity. Law Office of Mechanicsville; Lane & Waterman LLP of Davenport; Pete Leehey Law Firm, P.C. of Cedar Rapids; Michael W. Liebbe of Davenport; 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; Meardon, Sueppel & Downer P.L.C. of Iowa City; Meyer Law Office of Chariton; Olson Law Office, P.C. of Des Moines; Charles W. Orr of Coralville; Cynthia E. Parsons of Iowa City; James D. Pearson of Fairfield; Pearson Van Houten PLC of West Des Moines; Peddicord, Wharton, Spencer & Hook, LLP of The Young Lawyers Division News is Des Moines; Phelan, Tucker, Mullen, Walker, Tucker & Gelman, L.L.P. of Iowa published bimonthly. Material for City; Riccolo & Semelroth, P.C. of Cedar Rapids; Elizabeth Rosenbaum, Attorney publication and suggestions as to at Law of Sioux City; Sackett & Sackett of Milford: Sayre, Wittgraf & Meloy of content are welcome. They should Cherokee; Schroeder & Anderson of Mason City; Shuttleworth & Ingersoll, P.L.C. be sent to Matt Preston, Brady & of Cedar Rapids; Dale B. Smith of Sloan; Al Sturgeon Law Office of Sioux City; O’Shea P.C., 2735 First Ave. SE, Trevino Law Office of Ft. Dodge; Tripp, P.C. of Pella; Valentine Law Office, P.C. Suite 200, Cedar Rapids, IA 52402; of Fort Dodge; Wilson, Fowler & Fusco of Indianola; Wolf Law Firm of Waterloo; Phone; 319-866-9277; e-mail; Zimmerman Law Office of Des Moines and Anonymous (1). [email protected] For more information about the Leadership Circle, or the need of Iowa Legal Aid for Articles appearing in this section financial support, contact Scott Hartsook at 800-992-8161, or [email protected]. about substantive law are not intended to be comprehensive and do not necessarily reflect the THE IOWA STATE BAR ASSOCIATION opinion of the ISBA or the Young Lawyers Division. www.iowabar.org

THE IOWA LAWYER June 2006 19 TRANSITIONS

Mark A. McDermott has Christina Boyer-Hutfless Todd P. Langel has joined been named a partner of has been named Associate Beving, Swanson & Forrest, P.C. Skadden, Arps, Slate, Meagher & General Counsel of Werner in Des Moines as an associate. Flom LLP. He works out of the Enterprises in Omaha, Neb. Todd earned his B.S. in firm’s Chicago office, where he Christina received her Bachelor of Agricultural Business from Iowa specializes in corporate restruc- Arts Degree from Drake State University in 2003, with Mark A. turing law. Headquartered in New Christina University in 1989, and her Juris Todd P. Langel emphasis in Agricultural Finance. McDermott Boyer-Hutfless York, the firm has approximately Doctorate Degree from the He received his J.D. from Drake University Law 1,700 attorneys worldwide. Mark is from Newton, University of Iowa College of Law in 1992. She School in December 2005 and was admitted to and holds a bachelor’s degree from Iowa State began her career with Werner Enterprises in the Iowa Bar in April 2006. Todd will practice in University and a law degree from Northwestern 2000 and is responsible for managing Werner’s areas including, but not limited to agricultural law, University. He served as law clerk to former Chief employment and benefits related legal matters environmental law, corporate and business law, Justice Arthur A. McGiverin. including the Company’s employment litigation and litigation. and administrative actions. Kate B. Mitchell has joined Lisa Green joined the staff of the Waterloo law firm of Beecher, BarbaraKaye Miller has Iowa Legal Aid in April 2006, as a Field, Walker, Morris, Hoffman & accepted a full-time position as staff attorney working out of the Johnson, P.C., as an associate the Dean of Admissions at the Central Iowa Regional Office in attorney. Kate graduated with Phoenix International School of Des Moines. Lisa will primarily be honors from Grinnell College in Law (PhoenixLaw). She had been conducting intake statewide for 1996 and obtained her law degree serving as the interim dean since Lisa Green the Iowa Advocacy for Survivors Kate B. from Cornell Law School in 1999. BarbaraKaye February. BarbaraKaye received Project funded by a Violence Against Women Mitchell Miller She is admitted to practice law in her J.D. from the University of Act grant. Lisa is a 2005 graduate of the both the State of Iowa and State of New York. Iowa in 1990. After graduating law school, she University of Iowa College of Law, with a B.A. worked as a county attorney in Toledo, Ohio, in American Studies. clerked for U.S. District Court Judge John W. Potter, and practiced in the area of employment Christian S. Walker has law for Ryan, Wise, Miller & Dorner. joined the Faegre & Benson Des Moines office as an associate in the Business Litigation Group. To contact the He received his J.D. from the CONSULTING University of Iowa in 2000. CLAIM COUNSEL Christian S. Most recently, Christian served ASSISTANCE HOTLINE Walker as Assistant Attorney General Call Attorney Robert V. P. Waterman, Jr., for Consumer Enforcement in the Minnesota Of Lane & Waterman, Davenport. Call 877-813-8503Toll Free Attorney General’s Office. His practice will focus on business litigation. NOTICE UNAUTHORIZED PRACTICE OF LAW VIOLATIONS For information and to file a complaint, contact: Mark Godwin, Chair – Commission on Unauthorized Practice of Law 400 East First Street • Des Moines, Iowa 50309 • e-mail: [email protected]

TRANSITIONS SUBMISSIONS ONLY BY E-MAIL Copy deadline for Transitions is 30 days before the month of publication. Please follow 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 before publication. Include office phone number and name of the person furnishing the copy. Questions? Call the ISBA communications director at 515-243-3179. Thank you for your assistance.

20 THE IOWA LAWYER June 2006 The Iowa State Bar Association Annual Report 2005-2006

Serving the legal profession and the public since 1874

Annual report 2006 Final.indd 1 5/30/2006 8:42:52 PM President’s Message JC Salvo, JD, 119th President of The Iowa State Bar Association

I am pleased to report that the condition of The Iowa State Bar Association remains vibrant and strong. We continue to add members to our voluntary association, the oldest in the nation. Because of the vision and energy of past leaders of our Bar, we remain poised to address and conquer the new challenges we face every day in the practice of law. This year saw the fruition of many projects and ideas previously undertaken by officers and board members who were obviously determined that we remain the best professional association we can be. We are obligated to all our members to demonstrate that the dues they pay can benefit their practices and can improve the quality of their professional lives. Anything less, should rightly give them cause to question their memberships. Member benefits are both tangible and intangible. Services include the best CLE available, free on-line legal research, group purchase discounts, and a concerted legislative voice, to name but a few. Membership in our professional association also allows various networking opportunities, enjoyable social interaction, and challenges us to offer our professional expertise to those in need, be it through our lawyer referral service, volunteer lawyer project, or other pro bono endeavors. This year we received reports from special task forces on Courthouse Security, Pro Se Litigants, and Public Image of the Bar. These committees acquitted themselves well in responding to the ISBA’s need to assist our three constituencies, the Bench, the Bar, and the Public. Last fall, in order to respond to the enactment of the new Rules of Professional Conduct, we took our show on the road. Under the leadership of our new CLE division chair Alan Olson, we expanded the traveling seminar to 12 locations over six days. At each of these locations, accompanied by Justices Ternus and Wiggins and local members of our Board of Governors, we participated in an interactive discussion of the new rules. Attendance was great and our members benefited. That’s what we need to be about. In August, we again filled our booth at the Iowa State Fair with lawyers who volunteered their time during the fair’s 10-day run to answer questions, provide materials and generally put a face on the Iowa State Bar. What a great opportunity for the people to see lawyers in a setting much different from their offices or a courtroom. This year, after considerable discussion, many meetings, and several site visits and inspections, the officers, board members and staff of your Bar Association embarked on a plan of action that will hopefully relocate the offices of The Iowa State Bar Association in a building that will better accommodate our present needs, meet our future demands, provide flexibility and opportunity to expand services to our members, and stand as an edifice that symbolizes our proud and storied profession. We eagerly await that new day. The Iowa State Bar Association is very proud of its relationship with the Bench. We continue to accept opportunities to assist the court in meeting its demands, foster dialogue between members of the bench and the bar, and facilitate the public’s access to the courts. We must never let that relationship deteriorate. Finally, as we close yet another year, I need to acknowledge how extremely grateful I am to have had the benefit of the vision of the 118 bar presidents who preceded me, the assistance of the hardworking bar staff it has been my pleasure to work with, the cooperation and support from the Board Of Governors it has been my good fortune to serve with, the guidance and wisdom of the members of the courts it has been my privilege to call upon, and the rare opportunity to have been president of this association that serves the profession that I am extremely proud to be a member of. My wish for all of you is that you take the opportunity to get involved in your Bar association. I can tell you that you will gain far more than you give and you will feel better for it. For good or bad, we will become what we allow ourselves to become. It is like having an edge on predicting the future. I once read a sign that said, “The best thing about the future is that it comes one day at a time.” With your help we will decide the future of our profession, one day at time.

Annual report 2006 Final.indd 2 5/30/2006 8:42:53 PM with honesty, integrity, and respect.” Executive Director’s Report Lockton Risk Services is the Bar association’s new Dwight Dinkla, JD endorsed carrier for professional liability insurance. While headquartered in Overland Park, Kans., Lockton Risk Services It never ceases to amaze me how has a branch office in West Des Moines specializing in active our Bar association is and how many professional liability insurance. We are confident that Lockton of our members so graciously volunteer their will be able to offer coverage superior to our prior program at a time to make our association successful. As more competitive price. I completed my eighth year as executive director, I reflected As this was being written, we are negotiating with on all of the activities that have taken place since I wrote last AAA Motor Club for a reduced rate on membership in that year’s annual report and I was impressed. We are the oldest organization. You’ll be seeing more information on this after continually operating state Bar association in the country. We are negotiations are finalized. also the oldest voluntary state Bar association. The support from Our CLE programs for members posted significant gains our members and their willingness to be involved no doubt are in attendance this past year -- up 20 percent compared with a responsible for both distinctions. year ago. As Alan Olson notes in his report, this is the highest participation we’ve had since 2001. Membership A committee is studying how the Bar’s Lawyer Referral A trademark of a healthy, successful Bar association is Program might be revamped to make it more beneficial for what happens with its membership numbers. I’m happy to report members to belong, and to automate the program through greater that our numbers are up again this year – 7,789 as this was being use of the website. Moving many of the functions to the website written. That’s a net increase of 126 compared with the same time is seen as a way of making the program more efficient. a year ago. Presently, only about 300 members belong to the We recognize that as a voluntary Bar we are in the program. Various approaches are being discussed with a target of minority as far as state Bar associations are concerned. In 36 having a proposal to the Board of Governors for its September states membership is mandatory. We are pleased that you have 2006 meeting. chosen to be a member. And, we believe you have made a wise choice. Approximately 88 percent of Iowa attorneys in private Articles of Amendment and Bylaw changes practice are members. The BOG asked that a committee review the association’s articles of incorporation and its bylaws in light of Legislative the Revised Iowa Nonprofit Corporation Act adopted in 2004. This year’s legislative activity was some of the most The Nonprofit Subcommittee of the Business Law Section spent successful in recent years. Most of the initiatives identified in our three months reviewing the articles and bylaws and came up with affirmative legislative agenda for this year’s General Assembly a number of changes that should be made to comply with the new were passed by the legislature and signed by the governor. Iowa Corporation Act. Even our number one legislative item, funding for All members received an electronic ballot to vote on the indigent defense, met with significant success. We were able changes to the articles of incorporation, which were approved by to obtain an increase of $10 per hour in the rate paid to private the BOG in a special telephonic meeting in early May and which attorneys for indigent defense work on Class C and D felonies, are published in the June 2006 “The Iowa Lawyer” and on the misdemeanors and a $5-per-hour increase on all other categories. Bar’s website. Members do not need to vote on changes to the That will put an additional $3 million in attorney’s pockets this bylaws. year. Iowa law requires that at least 10 percent of the total We were also able to get assurances from legislators membership must cast a ballot, and two-thirds must vote that they will consider the additional $5-per-hour increase for the affirmative in order for the changes to go into effect. Results of other indigent defense categories in next year’s session. the voting will be presented at the Annual Meeting on June 22.

Benefits and Services Bar headquarters A number of new and expanded benefits for members The Board of Governors took a bold step at its March have been put into place since last year’s Annual Report. We meeting and passed a resolution authorizing the association launched “Fastcase,” a free-to-members online legal research to look into buying and upgrading a historical building to product last September. Since then, it has averaged 12,000- serve as the Bar’s headquarters. This would be the first time 14,000 hits each month with nearly one-fourth of the membership in the association’s 132-year history that it would own its own having accessed it at least once. headquarters. We also changed endorsed insurance brokers for the The century-old former railroad warehouse being Bar association. Reynolds & Reynolds, Inc. (Des Moines) offers considered is located on Des Moines’ east side near the Iowa medical, dental, life, long term disability, personal accident and Capitol and the Iowa Judicial building. When remodeled, it long term care programs and products for our members. The Des would have room for many of the smaller CLEs the Bar sponsors. Moines “Business Record” named Reynolds & Reynolds with its Plus, it would have parking spaces for approximately 70 vehicles. 60-plus employees number one among medium-sized companies These were all conditions the BOG considered important in the in its “Best Places to Work in Central Iowa” survey. Our Bar move to a new headquarters. association members will appreciate Stan Reynold’s philosophy The purchase is predicated on the stipulation that the of “treating every client the way we’d like to be treated ourselves,

Annual report 2006 Final.indd 3 5/30/2006 8:42:55 PM building committee perform the necessary due diligence to ensure I am looking forward to another year as the chair of this the building is structurally sound, and that the cost of purchasing Committee and working with an excellent selection of members. and upgrading the building not exceed $2.1 million. Thank you for this opportunity. As of this date, the committee has received two reports attesting to the building’s structural soundness. Currently, the building committee is soliciting bids from architectural firms to Legislative Report do the remodeling. James Carney, JD Assuming that everything checks out okay, the Bar Jennifer Tyler, JD association will begin a capital campaign to raise money to Nearly all of the bills on The Iowa buy and refurbish the building. We ask that you be generous in State Bar Association’s 2006 Affirmative support of this campaign as we build for the long-term future of Legislative Agenda ended in results favorable the association. to the ISBA. Of the 11 bills that various ISBA sections and committees submitted as their Staff top priorities, all but four were passed and No organization can be successful without a signed by the governor. The 11 bills, their hardworking, dedicated staff. The Bar association is fortunate to descriptions and their status include: have people on staff who are willing to pitch in and do whatever is needed regardless of their job titles. HF 2789 – Indigent Defense We have a lean staff – only 16 full-time employees. Provides for a $10 increase in the Considering the quantity of work that must be done, that isn’t hourly rate paid to private attorneys who very many. Many state Bar associations and associations in other represent indigent defendants for Class C and industries have much larger staffs. D felonies and misdemeanors. Provides for a All of our people understand how important it is to $5 increase in the hourly reimbursement rate for Class A and B support our members in whatever way is needed. They appreciate felonies, juvenile cases and appeals. ISBA sought a $10-per-hour that members volunteer their time to serve on committees and increase across the board, and will pursue the additional $5/hour sections and as officers, and that for many members the time increase next year for Class A and B felonies, juvenile cases and spent on Bar activities means time taken away from their own appeals. practices and their families. I couldn’t ask for a nicer, more Passed the Legislature. Signed by the Governor June 2. dedicated group of people with which to work. Takes effect July 1, 2006.

SF 2301 – Commerical & Bankruptcy Law/Personal Property Exemptions Ways and Means Committee Updates the groupings and, in most cases, raises the Deborah L. Petersen, JD dollar amounts of the Iowa Code personal property exemptions. The ISBA is in a sound financial Provides for one new exemption for wrongful death awards. position and we are fortunate to have the Passed the Legislature. Signed by the Governor April volunteers with knowledge on our Committee. 26, 2006. Takes effect July 1, 2006. We have overseen the budget and financials for the year and have worked on the future HF 2465 – Taxation/ Iowa Capital Gains Provision budget for the Board to approve. We have Amends Iowa’s statutory capital gains provision to incorporated enough flex into our budget to handle the Board’s conform to the federal rules defining holding period (and any decision to move forward with the acquisition of a building for tacking period allowed) by type of property and/or manner of our offices. acquisition. This bill requires that the computation of the holding We are also anticipating an increase in non-dues period for purposes of the capital gains deduction under Iowa revenue with our expansion into other markets for our IowaDocs Code Section 422.7, subsection 21, shall be determined in the program and support services. Our next two years’ budgets are same manner as the holding period of assets is determined for approaching $1.9 million in revenues, with just over half of that federal tax purposes under Internal Revenue Code section 1223. being generated by dues. These provisions will, in some cases, add the holding period The services that we provide our members for their of other property or the holding period of another owner to dues is a tremendous value for our money. Our Board and our the holding period of the taxpayer in determining whether the Staff have worked diligently to obtain the absolute most for our required 10 year holding period has been satisfied. dollars. Passed the Legislature. Signed by the Governor March The Committee is in the process of reviewing our 29, 2006. Takes effect retroactively to Jan. 1, 2006. current investment policy to see if it is in line with the goals of the Board and the organization in general. We have obtained HF 2742 – Probate and Trust Code Amendments samples to review and are now working to see if a consultant Contains various amendments and cleanup provisions should be employed to work with us on this matter. We anticipate to the Iowa Probate Code and Iowa Trust Code. The bill also that in the next fiscal year, we will have a recommendation to the amends several Iowa Code Sections relating to Medicaid Board on the investment policy. We also are going to investigate eligibility and estate recovery. other potential uses for our funds to enhance the profession and Passed the Legislature. Signed by the Governor April the public’s image of our profession. 26, 2006. Takes effect July 1, 2006.

Annual report 2006 Final.indd 4 5/30/2006 8:42:57 PM SF 2252 – Adoption Petition Information finding of paternity, to order a postsecondary education subsidy Amends IA Code Section 600.5 to require adoption in addition to support of the child. The postsecondary education Petitioner to state in the adoption petition all names by which subsidy is to be ordered in accordance with the provisions the petitioner is known or has been known, the existence of a established for a postsecondary education subsidy ordered under criminal conviction or deferred judgment for an offense other a dissolution of marriage. than a simple misdemeanor, and the existence of any founded Senate passed 50-0. House did not pass. child abuse report in which the petitioner is named. If an adoption petitioner discloses a criminal conviction or deferred HSB 30/SSB 1033 – Friend of the Court judgment for an offense other than a simple misdemeanor A concurrent resolution providing for the establishment or founded child abuse report pursuant to section 600.5, the of a committee to conduct a study of the need, function and petitioner is required to notify the court of the inclusion of this benefit of the establishment of a “Friend of the Court” type of information in the petition prior to the final adoption hearing, and agency to provide services to persons involved in domestic the court shall make a specific ruling regarding whether to waive relations cases and to courts hearing domestic relations cases. the pre-placement investigation or report in these circumstances. Introduced in the 2005 session; did not pass. Passed the Legislature. Signed by the Governor April 7, 2006. Takes effect July 1, 2006 SSB 1010/HSB 13 – Iowa Right of Publicity Act A proposed act to protect the commercial value of SF 2290 – Reimbursement of Additional Legal Expenses a human identity. Involves the right not to have one’s name, Related to Adoption Subsidy Program likeness, or identity used for commercial purposes without one’s Amends IA Code adoption subsidy provisions to allow consent. up to an additional $200 for reasonable court costs and legal Introduced in the 2005 session; did not pass. expenses related to a subsidized adoption. The bill was amended to strike the provision that would have allowed the court to award In addition to lobbying the ISBA’s affirmative legislative reasonable attorney fees to the prevailing party in proceedings program, Legislative Counsel followed more than 400 bills to determine custody or visitation under Code Chapter 600B, or introduced on behalf of other interests or organizations. These in proceedings to modify a paternity, custody, or visitation order bills were identified by the Bar Association’s various sections and under this Chapter. committees to be of interest to ISBA members. Many of these Passed the Legislature. Signed by the Governor April bills involved extensive work to amend them into legislation 21, 2006. Takes effect July 1, 2006. that is acceptable to the ISBA. Of note is HF 2716, the Medical Malpractice bill. Most of the original objectionable provisions SF 2374 – Business Law of HF 2716 were amended out of the bill. The key provisions Amends Iowa Limited Liability Company Act to that passed include a provision making a licensed professional’s include administrative dissolution provisions. Amends various statement or conduct expressing sorrow or sympathy inadmissible business entity statutes to eliminate the two-year deadline for an as evidence of an admission of liability, and new Code Section administratively dissolved entity to seek reinstatement; provides 505.27 relating to medical malpractice insurance claims. This a five-year protection on any name of an administratively section requires a medical malpractice insurer providing coverage dissolved entity. Clarifies the “separate and distinct records to Iowa health care providers to file annually with the Insurance requirement” for Series LLCs; clarifies that LLCs can be set up Commissioner a report of all medical malpractice insurance for non-business purposes; contains clean-up amendments to claims (both open and closed claims) filed during the reporting the Revised Iowa Nonprofit Corporation Act regarding special period against any Iowa insureds during the preceding calendar meetings, removal of directors and amendments to the Articles of year. Incorporation. Adds a new Code section to allow a corporation to Legal services’ funding is also another top ISBA priority. forgo notification of its members for which current addresses are HF 2558, the justice systems appropriations bill, included a not available. $900,000 appropriation for legal services for persons in poverty Passed the Legislature. Signed by the Governor April grants as provided in Code Section 13.34. 26, 2006. Takes effect July 1, 2006.

HSB 504/SSB 3020 – Agricultural Landlord’s Lien Division Reports Amends the agricultural Landlord’s Lien Chapter CLE Division (Chapter 570) to provide that the financing statement has the Alan O. Olson, JD same five-year duration as other UCC Revised Article 9 financing Continuing Legal Education programs statements. Clarifies that if the parties to the lease remain the and activities are an important part of the same, the effectiveness of the financing statement will not be work of The Iowa State Bar Association and affected by an extension, renewal, or amendment of the lease so are in furtherance of its goal of serving and long as the extent of lien is not materially altered. assisting the legal profession in the State Did not pass either Chamber. of Iowa. Programs and activities presented for CLE purposes SF 2288 – Post-Secondary Education Subsidy are for the professional development and enhancement of the Amends Iowa Code Section 600B.25 to allow the membership of the ISBA. It is of utmost importance that the Bar court to order a post-secondary education subsidy for children association provides quality CLE seminars to afford attorney of unmarried parents. This bill authorizes the court, upon a members opportunities to keep abreast of new developments in

Annual report 2006 Final.indd 5 5/30/2006 8:42:57 PM the law. Professional Development Committee will continue to offer their In 2005-2006, the ISBA saw a 20% INCREASE in “Law Over Lunch” telephone seminar series and other sections overall attendance at Bar-sponsored seminars. The 2005-2006 will be adding telephone CLEs. The Bar is encouraging more Bar year saw the highest number of attendees since 2001. telephone programming during the course of the year especially Increased attendance was due to several factors including: during the slow CLE months. In addition to the convenience of specialized seminars targeting specific fields of practice telephone CLE for the participants, these programs are so easy (Commercial & Bankruptcy, Law Over Lunch Telephone seminar to manage and market that it is easy to put one together in a series and New Rules of Professional Conduct) and expanded relatively short time. marketing efforts. Evaluation forms are distributed to every participant at The following numbers represent paid attendees at ISBA Bar CLE events. The evaluations are a useful tool in determining CLE seminars: if our seminars are meeting the needs of our members. Based on 1999 2000 2001 2002 2003 2004 2005 the 2005 CLE evaluations, it was interesting to find that 75% of 5,257 5,059 6,104* 4,654 4,591 3,751 4,741 our seminar attendees preferred multiple topic seminars over the *2001 attendance figure includes registrations for a Domestic single topic and that 85% preferred full-day seminars (although Abuse Symposium that had 1,047 participants. 95% of the evaluations were gathered from full-day seminars). 95% preferred a six- to eight-week notice for Bar seminar Seminar fees have been increased over the past three registration. years at the request of the Ways & Means Committee. This This is the third year the ISBA has offered online CLE committee felt that ISBA fees were below market. Even with programming. Over 50% of the yearly online sales are purchased these increases, the Bar is still well below our competitor’s in December (Ethics seminar). The top-selling online seminar for fees. As a member of The Iowa State Bar Association, lawyers 2005-2006 was the Bar’s one hour “Overview of the New Iowa can attend a quality CLE seminar for a greatly discounted price Rules of Professional Conduct.” Over 140 lawyers purchased compared with other CLE offerings. The member fee for a one- this ethics seminar. The other top-selling categories for the hour CLE seminar remains at $25, and online seminars are $30 year were Probate & Estate Planning, Real Estate and Trial & per hour. The average member fee for a one-day Bar section Litigation. seminar has increased from $125 to $150. The fees for Bridge The CLE Division will continue to work with the the Gap, Annual Meeting and Tax School have also increased to ISBA CLE Department staff to offer high quality CLE programs more than $235. Competitors, such as Lorman and NBI charge and activities to Iowa Bar members. The Division wishes to more than $299 for a one-day seminar. thank Kelley Rue and Christy Van Gundy for their outstanding In 2005, walk-in registration fees increased from $10 leadership and commitment and to welcome our newest CLE per person to $50 per person. This has helped participants pre- staff member, Lisa Hanson. register for a seminar and cut down on the number of walk-ins which assists staff in better planning and preparing materials, food and beverage costs. Member Services Division In a cooperative effort, the ISBA Marketing and CLE Lyle L. Simpson, JD departments created a new look for Bar CLE brochures. This The Membership Services Division new format was first used in the Iowa Lawyer. The purpose was is charged with the responsibility of assisting to give a unique look to the seminar schedules so members could our membership in providing the public with more easily identify that it was a Bar product. This format has quality, competent legal services, ethically, also carried over to the seminar brochures and website. effectively, and efficiently, in order that The Bar staff began tracking how participants registered lawyers may better resolve the legal concerns for seminars. More than 30% of all registrations were made of our clients and the public that we serve. online through the Bar website followed closely (24%) by The Division is currently working on a Speaker’s Guide registration via section-specific mailings. Targeted mailings, to assist lawyers in making public presentations on matters of whether via e-mail or regular mail seemed to act as a reminder general interest to increase public awareness of the law, and how for section seminars. This tracking will help in the future to lawyers are capable of assisting. determine specific marketing needs for each seminar. The Division is concerned with developing strategies Marketing efforts increased during the past year. In to provide ethical access to law specialists for those in general addition to the seminar schedules in the Iowa Lawyer magazine, practice and in smaller offices or rural communities. This would emails targeted to specific sections, districts, groups, etc. allow lawyers who specialize in complex areas of practice to increased. Brochures were sent to past two-year seminar provide on a more regular basis assistance with legal issues that participants and marketing of CLEs continued in the electronic general practicing attorneys may not handle. This assistance Bar Reports, section newsletters, etc. would be provided without the threat of the attorney needing In 2005, the ISBA provided more than 286 hours of assistance losing his/her client, or increasing the cost of CLE credit. 88% of all seminars are held during two quarters competent service. of the year. In 2005, telephone CLEs were added during the This Division is also interested in alternative billing first quarter of the year in addition to a couple of luncheon CLE methods that provide a reasonable compensation for quality programs. service without basing lawyer billing strictly on hourly rate. An It is difficult to schedule CLE during the first quarter hourly rate system discourages specialization. An alternative of the year — that’s where telephone CLE comes in. The YLD system should encourage lawyers to become more effective and efficient in the services that they provide because it will increase

Annual report 2006 Final.indd 6 5/30/2006 8:42:57 PM their collections per billable hour when they work in areas where 4-5, 2006 and had approximately 340 attendees. they have greater proficiency. The result we hope to obtain is The Professional Development committee was very to provide higher quality services to the public at a reasonable active again during this past bar year. The Committee’s Nuts and rate. Charging for completing a unit of production is a better Bolts Seminars were held on Oct. 5, 2005 at the Botanical Center alternative than escalating hourly rates. in Des Moines, with 119 attendees and on Oct. 6, 2005 at the The Division would also like to develop a brochure to Clarion in Cedar Rapids, with 70 attendees. This represented an assist lawyers in selling or closing their practices. increase in attendance from 2004. Those seminars appear to have We welcome any member wishing to assist in any of benefited from the creation of separate litigation and transaction these tasks. tracks to ensure better relevance to different practices. The Committee has continued to have a great response Young Lawyers Division to its creative “Law Over Lunch” series. More than 400 lawyers Matt Preston, JD participated in the seminars during the past Bar year, and the new The 2005–06 Bar year has been series began on May 10, 2006, with topics of: June - Building/ another active year for the Young Lawyers Managing your Law Practice; July - Mediation/ADR; August - Division of The Iowa State Bar Association. Family Law; September - Employment Law. First, the YLD held its quarterly meetings in As usual, the Mock Trial Committee remained one of Cedar Rapids, Council Bluffs, Des Moines, the YLD’s most active and visible committees, helping recruit and Ames. The YLD had not been to the judges and performing other duties associated with the Junior western part of the state or to Ames for some High Mock Trial Tournament in November 2005, the High time and those meetings proved to be excellent and productive School Mock Trial Tournament in March 2006, and the College locations. Tournament in April 2006. Nearly 4,000 students participate As always, the YLD committees have been very hard at in junior high and high school mock trial in Iowa, requiring the work with new and existing projects. recruitment of nearly 700 attorneys and judges to participate as In conjunction with the Des Moines quarterly meeting, coaches or as judges at regionals and/or at state competitions, and the YLD and its Justice for All Committee held its “first annual” approximately 350 judges for the College Tournament. Barristers Ball. The Ball was attended by 95 people, despite The State Fair Committee put on its daily Trial by Jury being held on a bad Iowa winter night. The Ball consisted of program at the Fair, with attendance running at about 40 people a reception, followed by an excellent dinner, dancing to live per presentation. This is a tremendous undertaking to recruit the music, and a silent auction throughout the event. The Ball necessary judges, attorneys, court reporters, and witnesses for was a charitable event and raised funds for the Iowa State Bar each presentation, and reflects a very dedicated and hard working Association’s Public Service Project. In addition, the Justice for committee. All committees have also continued to hold their annual central The Services to the Elderly Committee continued to and eastern golf outings raising thousands of dollars for the distribute its popular Older Iowans Handbook, distributing Public Service Project. approximately 10,000 copies in the past bar year. Of those copies, The Law Related Education Committee published a fairgoers at the Iowa State Fair picked up nearly 2,000 of them. handbook for young adults this year. The handbook provides That handbook is always one of the most popular items at the information regarding the rights and responsibilities of young ISBA State Fair booth. adults when they turn 18, covering useful topics such as credit The YLD is being left in good hands with Jen Chase of and consumer finance information, how to rent an apartment or Waterloo as the next President and Bridget Penick of Des Moines purchase a first home, basic information about marriage, divorce as the next President-elect. and children, criminal law, government resources and voting rights. The handbook is available on the bar website, and paper Committee Reports copies of the handbook are available in limited quantities for distribution. The handbook has been distributed to counseling Annual Meeting Committee centers, Department of Human Services centers and local high Elizabeth Lounsberry, JD schools across the state. Live presentations of the handbook This year’s Annual Meeting have been made at the Juvenile Home in Toledo and to high Committee has worked hard over the past 10 school students in Des Moines, and LRE Committee members are months planning the 2006 Annual Meeting, available to present the information to young adult groups of any which will be held at the Marriott Hotel in kind. The ISBA adopted the democracy handbook project as a downtown Des Moines from June 21 to June part of its observance of Law Day on May 1, 2006. 23. The annual meeting will provide sections The Know Your Constitution Committee met in and committees the opportunity for meetings December and graded 852 exams representing 83 house districts. to kick off their years. 100 finalists were chosen to go to Des Moines for a luncheon, The annual meeting will also have an outstanding which was held on Friday, January 6, 2006, at the West Des Continuing Legal Education opportunity for the Bar. ISBA Moines Marriott. At the luncheon five students and their teachers President J.C. Salvo and CLE Committee Chairman Alan were chosen to attend a week long educational trip to Washington Olson charged the Annual Meeting Committee with the goal of D.C. This project remains a great project with visibility presenting a high quality continuing legal education seminar throughout the state. with nationally known speakers. We worked closely with several The Bridge the Gap committee held its seminar on May

Annual report 2006 Final.indd 7 5/30/2006 8:42:58 PM section leaders to schedule nationally recognized speakers with models from Reynolds & Reynolds, Holmes Murphy & specific interest to those sections. Professor Jeffrey Pennell of Associates, each of Des Moines, and Lockton Affinity, which Emory University was chosen by the Probate and Trust Section. has an office in West Des Moines. The Insurance Committee He is an expert in the field of estate planning. The Litigation also considered the merits of (a) not having any endorsed LPL track includes Stephen D. Davis of Canel, Davis & King of program and (b) utilizing Minnesota Lawyers’ Mutual as a single Chicago, Ill. who will speak on “Big Case, Small Firm.” The source of coverage. Real Estate Section has national speaker Patrick Randolph The Insurance Committee recommended, and the Board coming to give a talk on “Randolph’s Top Ten Little Noticed of Governors approved, Lockton Affinity as the endorsed broker Common Law Decisions That Affect Your Practice.” The for professional liability insurance for the following reasons: Family Law Section is happy to have nationally known author and lawyer Mark Chinn coming to speak on “How to Build and 1. It has already engaged an insurance carrier, Westport Manage A Family Law Practice.” Insurance, which has an A+ financial strength rating. Westport is The Agricultural Law Section will be bringing a big committed to taking Iowa lawyers’ business now. There will be highlight to the Annual Meeting; Scott W. Sawyer of New no gaps in coverage. London, Conn., who was the lead attorney for the Kelo plaintiff homeowners in the controversial Kelo v. City of New London 2. The insurance policy form utilized by Westport presents eminent domain case, will be speaking about his experiences in greater coverage than that offered by the existing insurance that case. carrier Interstate/Chicago and its main competitor Minnesota The Annual Meeting Committee is pleased that we were Lawyers Mutual. able to work together with the Bankruptcy Section to present the 3. The average pricing of thebase premium Westport product Bankruptcy Section’s annual CLE at the Annual Meeting this is approximately 20% lower than Interstate/Chicago used by year. Marsh. This places the base premium for Iowa lawyers very The above are just a few of the speaker highlights, with near the Minnesota Lawyers’ Mutual premium without taking far too many excellent speakers scheduled to mention here. into consideration credits for loss experience, practice area As in past years, the CLEs will be presented in tracks concentrations, etc. MLM is likely to continue with its dividend over the three-day event. New this year, the annual meeting program provided, however, that its surplus position is not placed attendees will be able to register for one, two or all three days of in jeopardy. the event. We were encouraged to give this a try to see if there were people out there not attending the annual meeting because 4. Lockton has the human resources to administer an association of the three-day time commitment. program and has Our 2006 Annual Meeting will also provide agreed to commit to investing in individuals who will canvass opportunities for relaxing and socializing. The Iowa and Iowa lawyers and personally speak with them concerning LPL Drake Law schools will be holding law school luncheons. risk management issues. The President’s Reception and Awards Dinner will be held on 5. Westport has issued a letter from its actuaries indicating that Wednesday evening at the Temple for Performing Arts. On it is comfortable with the rates filed with the Iowa Insurance Thursday there will be a luncheon honoring the Iowa Supreme Division; that they are reasonable and should not materially Court and ISBA Pro Bono Award Recipients. Also on Thursday deviate during the next two years and, further, that Iowa lawyers ISBA President J.C. Salvo and Iowa Judges Association President will be rated separately from its other LPL programs. Put another James Richardson are co-hosting the Joint President’s Reception way, Westport is representing that it is not buying Iowa business at Pitchers in the Marriott Hotel, and the 50-Year Class of 2006 at a low rate only to charge higher rates once the business is will be honored at the 50 Year Luncheon on Friday. procured. Bar Insurance Committee 6. Westport has assured Lockton that all other favorable aspects Phillip D. Brooks, JD of the Iowa LPL program will remain in force and effect. Chief The Insurance Committee last among these will be the continuation of defense counsel from year was charged with the responsibility of panels not subject to fixed fees and the use of consulting counsel reviewing all of the Bar-sponsored insurance at no charge to Iowa lawyers. programs and making recommendations Reynolds and Reynolds administration of the balance to the Board of Governors concerning the of the Bar insurance programs has been remarkable. The Bar programs, including an endorsed broker now offers long term care insurance and expanded programs of record. The Board last year approved the Committee’s of disability and life insurance to its members. Enrollment recommendation that the lawyers’ professional liability program has increased from last year and members are welcoming the be continued with Marsh Advantage Services, but that Reynolds opportunity to control and transfer these risks to financially & Reynolds, Des Moines, be appointed as broker of record for all strong carriers at very competitive prices. While the health other Bar-sponsored plans. Those decisions were appropriately insurance program continues to present challenges on several communicated to those entities. fronts the Committee is confident these issues will be resolved in Since that time, the Committee has decided to terminate the very near term. Marsh Advantage Services from the licensed professional liability program and seek a new broker. Over the past two months, the Insurance Committee reopened its request for proposals and entertained marketing

Annual report 2006 Final.indd 8 5/30/2006 8:42:58 PM Bench Bar Committee in addressing these issues through the political process. Honorable James M. Richardson and Robert W. Sackett, JD 3. Preparation for the Future. Committee Co-chairs We can no longer rest upon our laurels but need to prepare The 13th Statewide Bench-Bar for the future. Technology advancements must be assimilated Conference was held Thursday, Friday and into our courthouses. New vehicles and procedures need to be Saturday, May 18-20, 2006, in the Inn at created for the mentoring of the next generation of attorneys. Okoboji. An enthusiastic group of attendees, Issues of quality of life and economic viability likewise need consisting of 31 judges, 79 attorneys and 15 to be addressed. Civility and a sense of comradeship must not speakers be sacrificed for efficiency and profitability. New avenues of from all areas of the state participated. The communication between the judicial branch and the bar need to conference theme, “Let’s Dance: Bench and be established. Bar Collaboration Gets It Done” focused Our 2006 conference has stimulated the discussion of various upon the interaction between the various issues. factions of our profession as well as topical The committee urges the support of the Board of issues. The conference presented a unique Governors in a continuation of our conference tradition. The opportunity to discuss mutual concerns committee wishes to challenge the Young Lawyers Division to affecting the administration of justice, public relations and increase their participation at the statewide bench-bar conference. professionalism. The Judicial Branch is implored to advocate district wide bench- An appreciation of the creation and purpose of the bench- bar conferences in off years to supplement and complement the bar conference was expressed. Past ISBA President David efforts of the statewide conferences. Funkhouser, Hon. Arthur McGiverin and Chief Justice Lavorato were all attendees of this conference and were recognized as founding fathers in the creation of a statewide bench-bar Federal Practice Committee conference. Representative Scott Raecker, representing the Thomas M. Cunningham, JD Institute for Character Development, both motivated and praised During the 2005 – 2006 Bar Year, the Courts and Bar in our leadership in shaping the character of the Federal Practice Committee continued its all Iowans. education and practice enhancement efforts on The Hon. J.C. Irvin was the master of ceremonies for the behalf of our members who practice primarily conference banquet held on Friday. The banquet theme was the in the federal courts. To that end, the annual good natured roasting of retiring Chief Justice Lavorato and the Federal Practice Seminar was held on Friday, recognition of his distinguished career as an attorney, trial judge Dec. 2, 2005 at the downtown Marriott in Des Moines. After the and appellate justice. Featured speakers included the Hon. Gov. Circuit Conferences, the ISBA Federal Practice Seminar is one Terry Branstad, Hon. Jerry Larson, Hon. David Wiggins and of the largest continuing education seminars devoted exclusively ISBA President J.C. Salvo. to federal practice that brings together the Federal Judiciary and Specific topics addressed by conference speakers were the Federal Bar to exchange ideas and education to improve the security, ethics, diversity in the administration of justice, public practice of law in the federal courts. We are fortunate in Iowa trust and interaction with the legislative process. Following that our Federal Bench embraces and actively participates in panel discussions, breakout sessions were held to provide a free these education efforts. exchange of ideas and thoughts. The breakout sessions not only Among the features at this year’s seminar was an addressed areas currently needing improvement but also future appellate argument before a panel of the U.S. Court of Appeals conference topics. These discussions can best be summarized as for the Eighth Circuit in an actual case. Following oral follows: argument, the panel members discussed best appellate practices and answered questions from the seminar participants about 1. Public Trust. federal appellate practice. Psychologist and attorney Tara Trask A consensus exists of the need to continue aggressive means challenged many assumptions and stereotypes that attorneys to educate the public about the essential function of the legal should avoid in jury selection in regard to the “Generation profession in an open society. Simply, the general public must X” (1965 - 1981) and “Net Gen” (1982 - 1997) generations. be shown the need for judicial independence and the services She adapted her research and presentation to focus on the performed by counsel. All courthouses and the Judicial Branch demographics of the Iowa jury pool population. Building in conjunction with media usage should be used as The Federal Practice Manual will be going to press this access to educate citizens about the law and our profession. summer. The Federal Practice Committee will also present a “Fundamentals of Federal Practice” seminar in the fall in both the 2. Security. Northern and Southern Districts. This seminar will be a “nuts and All must have a sense of physical well being while utilizing bolts” course designed for the attorney with no more than three the legal system. The Final Report of the Courthouse Security years experience and the general practitioner or attorney who Task Force is a valuable first step, but the report does not address does not often practice in Federal Court. all issues. Security should not be a hindrance to those seeking services from the Court. Issues of funding and mandates must ultimately be addressed. The bar should become more involved

Annual report 2006 Final.indd 9 5/30/2006 8:42:58 PM Iowa Jury Instruction Committee Public Relations Committee Paul Huscher, JD George F. Davison, Jr., JD The Iowa Jury Instruction Committee During the year 2005-2006, The continues to review and revise the criminal Iowa State Bar Association Public Relations and civil jury instructions which were Committee has worked closely with the new redrafted in “plain English” in 1987, and Communications Director, Steve Boeckman, to to propose new instructions where required provide the news media with information about by changes in statutory and case law. The the bar and its efforts to improve the quality instructions are now provided online, free of charge, as a member of life in Iowa. The committee also supported and encouraged benefit of the ISBA. retention of an intern to assist the Communications Director with The committee meets twice a year, in April and in the public relations effort. October, with the committee’s reports being submitted to the News releases have been prepared and distributed about Board of Governors at their June and December meetings. The several major issues and programs. These include courthouse committee has continued to work with Harry Shipley to provide security, reimbursement for indigent defense work, Fall Traveling the instructions in a format that can be used with the authorities, Seminar, and the middle school mock trial and high school mock comments and notes, or without them in a manner suitable for trial programs. These news releases have resulted in stories delivery to the jury. published in various newspapers and broadcasts on radio and Although the committee reviews appellate decisions and television stations around the state. statutory changes before each meeting, the help of the bench and The Public Relations Committee has been working with bar in suggesting needed instructions or changes is always invited Professor Jeff Stein, JD from Wartburg College on an update of and encouraged. Any member of the committee can be contacted the manual, “Covering Iowa and Courts, A Guide for Journalists.” through e-mail or ordinary mail with such suggestions. The goal is to complete and print the manual in time to distribute it to members of the Iowa Broadcasters Association at their meeting in late June 2006. Arrangements are also being made Legal Forms Committee to distribute the manual to members of the Iowa Newspaper Richard Schenck, JD Association and the Iowa Broadcast News Association. Further The purpose of the Legal Forms revisions of the manual are planned every three to five years. Committee is to assist ISBA members in the Committee Chair, George Davison, has been working to practice of law by providing a variety of legal finalize video presentations regarding the middle school and high forms frequently used in Iowa. Over 200 forms school mock trial programs. are available at a modest cost through ISBA’s proprietary computer program, IowaDocs. Most IowaDocs forms are available in two formats, bordered Technology Committee forms with uniform text, and non-bordered forms with modifiable Brett J. Trout, JD text. The Committee oversees the ongoing creation of new forms The ISBA Technology Committee and revision of existing forms to reflect new laws and the changing continues to focus on four main areas: 1) needs of Iowa lawyers. The Committee often works in cooperation promoting the use of technology throughout the with ISBA’s Law Sections to utilize the knowledge and experience Bar; 2) creating additional technology resources of specialized practitioners in developing and revising forms. for Bar members; 3) keeping Bar members For the past couple of years, the Committee has focused abreast of technology issues impacting their on modifying all deeds and other recordable forms to comply with practices; and 4) leveraging technology to facilitate interface national formatting and information requirements as set forth in between the legal profession and the public. Iowa Code Section 331.606B (effective July 1, 2005). The 2005 The Committee has solicited feedback from Iowa lawyers edition of IowaDocs introduced Recorder’s Cover Sheets in order of various ages, backgrounds and practice areas to determine to preserve the customary appearance of recorded documents the technologies likely to be of most interest and value to Iowa while complying with the formatting legislation. In response to practitioners. The Committee determined that the needs of Iowa input from attorneys and county recorders, the latest edition of lawyers varied greatly with their technological proficiency. The IowaDocs released in February 2006 includes some single page Committee disseminated the information collected to Bar members deeds without cover sheets. Other new content in IowaDocs 2006 through multiple CLE courses throughout the year. includes medical records releases added to powers of attorney due To address the increased CLE requirements for specialty to federal HIPAA legislation; Affidavit of Surviving Joint Tenant areas, the Technology Committee has also sought to make more For Change of Title; and Notice to Quit; Notice of Nonpayment of CLE courses available online. Despite increasing difficulties Rent; And Notice of Termination of Rental Agreement. obtaining approval of Iowa-produced online CLE and ever-changing The Committee was ably assisted by ISBA staff members, rules relating to online CLE requirements, the overwhelmingly including Computer Services Director Brian Hegg, who presented enthusiastic response to these programs has encouraged the instructional seminars around the state on the effective use of Technology Committee to continue to expand its online CLE IowaDocs and provided technical support to IowaDocs users. offerings to Iowa lawyers. The Committee is also preparing a live CLE presentation to not only familiarize Iowa attorneys with the most recent technological practice innovations, but also to allow attorneys to use the Internet to provide more useful information

Annual report 2006 Final.indd 10 5/30/2006 8:42:59 PM about their practices to the public. end on June 20. They are currently held at two locations -- the Des Moines Area Community College in Ankeny and Kirkwood Community College in Cedar Rapids – at a cost of $610 per Women and Minorities Committee person. Miki McGovern, JD Fourteen students registered for the course in Des Moines and nine for the class in Cedar Rapids. Plans were to Spanish Brochures hold a third class in Sioux City at Western Technical College, but The Committee on Women and there was not enough interest. Minorities and the ISBA Public Service Humble has written both a pre-test and a post-test. End- Project engaged in a joint venture to provide of-the-term evaluations are anticipated and will prove to be useful written brochures regarding general legal in judging the success of the project. information in Spanish. The two entities obtained funding in the The Committee is especially grateful to Christy Van amount of $6,680 from the ISBA Foundation to finance the costs Gundy on the ISBA staff. She was instrumental in coordinating to print and to translate from English into Spanish, the various the students with the classes. She worked closely with both pamphlets the ISBA prints for Iowans. The brochures cover Humble and with One Source Training. numerous topics, including, “Joint Tenancy,” “Living Wills,” etc.) Finally, since this is my last of three years as Chair of A grant to fund the project was approved by the Foundation at its the Women and Minorities Committee, I wish to express my Annual Meeting in June 2005. A special price of $.14 per word gratitude for having the opportunity to serve as Chair of this very was available through Translations Unlimited of Davenport to important ISBA committee. I will continue to serve as a member cover the costs of the translations. of the Committee and I promise I will assist the new co-chairs in The first printing of the brochures occurred in the spring any way possible. of 2006. The brochures were available at “The People’s Law School” on May 2 at the Polk County Court house. Additionally, the brochures in Spanish are now available to members of ISBA YLD Law-Related Education who request packets of brochures on certain topics. Committee There are other possible uses for the brochures. Some Alison W. Smith, JD may be delivered to the offices for Iowa Legal Aid, others will The Law Related Education be available at the HOLA Center at 618 E. 18th Street in Des Committee of the YLD has been hard at Moines for use at the monthly legal clinic on the second Monday work promoting the Young Adult Democracy of each month, and still others will be available at the ISBA booth Handbook. Researched and written by at the Iowa State Fair. The brochures will be distributed upon committee members, this booklet provides request to organizations who service Spanish- speaking people. important information about the rights and responsibilities of Members of the Committee wish to thank the ISBA young adults as they turn 18. The book covers a wide range of Foundation for its generosity in funding this program. Without topics, including basic information about credit issues, housing the Foundation’s assistance it would not have come to fruition. information, family law, criminal law, voting, online activity and Additionally, members of this committee want to thank Brett other issues related to young adults. Toresdahl, Executive Director of the ISBA Public Service Project. The committee has promoted the booklet using email He was instrumental in propelling the project off the ground. announcements to various social service agencies and juvenile court officers. Committee Chair, Alison Smith, has participated Spanish Class for Lawyers in radio interviews for several news stations. The ISBA used The Committee has also been busy working on a project the LRE project as a Law Day event. YLD members did a that is commonly known as the “Spanish Class for Lawyers.” live presentation to high school students about the booklet and The Committee, along with staff members at the ISBA offices, answered questions. Copies of the booklet can be downloaded worked with Jason Humble of the Humble Language Institute from the ISBA website and are available in paper form by in Cedar Rapids to develop a Spanish course for lawyers. Mr. request. Live presentations for the booklet have been made at Humble was confident he could specifically modify an existing the Iowa Juvenile Home in Toledo and other presentations are Spanish course to meet the growing needs of lawyers. planned. The Humble Language Institute developed a supplement The committee is still working on revising and producing to be used by lawyers that includes the vocabulary and practical a new edition of the juror orientation video for use throughout conversations that could be used for conversational activities the state. The committee has prepared drafts of new scripts and with Spanish-speaking clients. Humble, the ISBA staff and will be coordinating its production and financing efforts with trial this Committee worked with One Source Training at the Des lawyer associations across the state. Moines Area Community College to find and train instructors at the community colleges using the materials developed by HLI. Humble agreed to provide follow-up information and support to the ISBA. One Source Training and HLI agreed to find the community college instructors to ensure the high quality of the instruction. The classes, which were available to ISBA members and their support staffs, commenced on April 17, 2006 and are set to

Annual report 2006 Final.indd 11 5/30/2006 8:42:59 PM Administrative Law Section Iowa Secretary of State could retain on-line visibility of landlord Robert F. Holz, Jr., JD liens after five years. Legislation on this subject was not enacted, There was not significant activity and is expected to continue to be an active subject this next year. for the Administrative Law Section this year. The Section is particularly interested in the procedural aspects of practice before state Alternate Dispute Resolution Section administrative agencies. Max Kirk, JD The Legislative Subcommittee The primary focus of the ADR reviewed 14 bills submitted to the legislature and identified as Section activities continues to be to monitor of interest to the Ad Law Section. Comments were submitted to legislation. Our input was provided on several the legislative team. Ultimately, there was no change to the Iowa bills, and the members certainly stand ready administrative process. to act as a resource to the Bar Association in The text of a brochure intended for public distribution considering future legislation. has been submitted for publication. The Pamphlet Committee, The ADR Section has had several inquiries regarding chaired by Julie Pottorff, completed its work by the end of individuals who are qualified and available to act as mediators.A last year. The brochure is intended to inform the lay public plan for the upcoming year is to compile a list of Iowa mediators, about contested case procedures and rulemaking before state identifying these individuals by training, experience and subject administrative agencies. matter of interest. To my knowledge, no such central listing exists The Section supported the mid-year meeting of the and it would be a valuable resource for not only Iowa lawyers, National Association of Administrative Law Judges held June but also out-of-state contacts. 4-6 in Des Moines. The Iowa Association of Administrative At present, I think the concept of mediation and Law Judges was pleased to host this national conference. The arbitration has become well accepted in the Iowa Bar and with conference focused on “The Changing Face of Administrative our clients. Those individuals involved in mediation are by and Law” and included both Iowa and national presenters. A featured large doing an excellent job of informing and educating existing presentation was a discussion of draft proposed changes to the and potential clients regarding not only the existence of Alternate Model State Administrative Procedures Act. Final changes to Dispute Resolution, but also the benefits of ADR as a problem- the Model Act will potentially influence changes to the Iowa solving approach. A goal for the upcoming year would be to Administrative Procedures Act (Chapter 17A of the Iowa Code). continue to review certification and compile a list of mediators. The Section will continue to pursue a project begun last year to develop a checklist for attorneys who do not regularly practice before state agencies. The checklist is intended to be a Business Law Section guide of do’s and don’ts for members of the bar not intimately Willard L. Boyd III, JD familiar with the Iowa Administrative Procedures Act. The Business Law Section had an active and productive year. The Section, which completed work on the “Business Law Manual” Agricultural Law Section in 2005, has distributed more than 300 copies Lance D. Ehmcke, JD of the manual. A six-member Board of Editors The Agricultural Law Section will continue to update the manual on an annual provides a forum and network for Iowa basis, with the first update scheduled to be released in the fall. The attorneys providing legal services to clients Section also planned to publish a newsletter in May. involved in production agriculture, agricultural The Business Law Section Council met six times during businesses and rural land use issues. This the year. The Council and Section worked on proposed legislation year the Section continued its educational and amending various business entity statutes, including the Iowa legislative activities centered on this area of interest. Business Corporation Act, Iowa Limited Liability Company Act, the The Section sponsored an agricultural law track at Uniform Limited Partnership Act, and the Revised Iowa Nonprofit the 2005 Annual Meeting. Topics presented were arbitration Corporation Act. The amendments included, among other things, in agricultural contracts such as contract grower services, the elimination of the two-year deadline for administratively agricultural law issues being addressed by the Iowa Attorney dissolved entities to seek reinstatement as well as amending General including developments in the Smithfield lawsuit the limited liability company statute to provide administrative concerning packer ownership of livestock grown for slaughter, dissolution provisions. The Business Law Section also worked and farm leases, tenancies and other agricultural leases. At the with the Commercial Law and Bankruptcy and Agricultural Law 2006 Annual Meeting the agricultural law track will focus on Sections as well as the Iowa Secretary of State’s office to address rural land use, eminent domain and the impact of Kelo v. City of issues that had been identified relating to the financing statement New London concerning economic development use of eminent filing requirement under the landlord lien statute. domain ruled upon recently by the United States Supreme Court. The Annual Business Law Seminar was held in Iowa City On the legislative front the farm landlord’s lien statute, in October. The Business Law Section will be responsible for four Iowa Code §§ 570.1 et. seq., and the effect of recent changes to hours of presentations at this year’s Annual Meeting. Article 9 of the Iowa Uniform Commercial Code, Iowa Code For the upcoming year, the Section plans to hold at least §§ 554.9101 et. seq., on the landlord’s lien was a feature of the one CLE. In addition, the Board of Editors of the “Business Section’s work this year. Of significant concern was whether the Law Manual” will be working on updates to the manual. And,

Annual report 2006 Final.indd 12 5/30/2006 8:43:01 PM the Section plans to work on legislation relating to the Uniform date was very well attended. It is suggested that the Bar consider Commercial Code, the Iowa Business Corporation Act, the Iowa locating video conference locations around the state for use by Limited Liability Company Act, and the Revised Iowa Nonprofit all committees. Perhaps coordinating with a law firm or with Corporation Act. a corporate law department’s video conferencing system in different venues in return for some dedicated hours for Bar use would make sense. Commercial and Bankruptcy Law The committee’s work with the Trade Regulation Section Section in presenting it’s fall seminar was quite successful. Some Charles Hannan, JD unique subjects were touched on. The legislative area was a The Section was presented with nonevent this year. multiple challenges and has risen to the occasion. The Bankruptcy Abuse Prevention Criminal Law Section and Consumer Protection Act of 2005 was Al Willette, JD imposed on us. What began as a suggestion for a summer This has been a year of achievement CLE program on the phone grew to a full day presentation on for the Criminal Law Section. We continue September 30. The attendance set a recent record. Building on to publish our monthly newsletter for the that success, the Section accepted the invitation of the Annual members. In addition, we held our annual Meeting Committee to present a full day of CLE as part of the seminar in Des Moines in April. The seminar 2006 Annual Meeting. A strong program has been assembled contained an outstanding group of speakers that includes presenters such as Professor Michaela White from who discussed the hot button issues in criminal law. There was a Creighton, speakers from the U. S. Trustee’s office and members large group of attendees at this conference who benefited by these of the Section. presentations. The Section also began the process of amending the Most important, the criminal law section worked very Iowa Exemptions. As of this writing, the Legislature has passed hard this year to help persuade the State Legislature to give our proposed changes. The bill has been signed and will be a raise to indigent defense counsel. This raise has been long effective July 1. overdue but is greatly welcomed by our brothers and sisters who The exemption sections had not been seriously reviewed do indigent defense work. in about 20 years. The legislation, as proposed, attempted to This section will continue to be a voice for the members update the allowable exemptions and make them more consistent. of the Criminal Law Section and our clients who we zealously For instance motor vehicles and musical instruments were placed defend in the criminal justice system. in separated categories. The cash and bank accounts were raised to $1000, in addition to accrued wages and tax refunds. During this process it was discovered that surrounding states allowed eCommerce Section personal injury exemptions. While Iowa exempted Workers Paul D. Burns, JD Compensation payments, there was no exemption for injuries During the past year, the eCommerce suffered outside the workplace. It will be the goal of future years Section Council sponsored a broad-based full to bring legislation to the Board of Governors to complete this day CLE in West Des Moines. Speakers at effort. the CLE addressed several interesting topics The Section also struggled with proposed changes to the including drafting techniques for software Agricultural Lien sections, especially the Landlord’s Lien. The agreements, state and federal regulations recent revision of Article Nine of the U. C. C. requires landlords concerning leaks of customer information, copyright issues to file their liens. unique to the internet, and discovery of electronic corporate records, among others. The seminar was well attended and well received. Corporate Counsel Section The Section Council also appointed a legislative Leon Shearer, JD committee to review and comment on bills affecting eCommerce The year of 2005-2006 was a good issues during the past legislative session. During the upcoming one. The monthly meetings were held with one year we will sponsor an annual CLE, have plans to start a hour of CLE for each of the nine meetings. quarterly newsletter for members, and hope to establish a greater The locations were changed and we found presence on the ISBA website. the use of the Bar Association facilities produced significant increases in attendance. Current subjects such as trade secret law development, managing large document cases, the impact of the Arthur Anderson case on corporate counsel and privacy issues in a company were presented. The use of video conferencing with members in Cedar Rapids was utilized in December. The ethics program on that

Annual report 2006 Final.indd 13 5/30/2006 8:43:01 PM Environmental and Natural Family and Juvenile Law Section Resources Section David L. Jungmann, JD James Pray, JD The Family and Juvenile Law Section Continuing Education: The Section’s got an early start on preparing for the 2005- annual CLE had a strong turnout, in keeping 06 legislative session by submitting six with continued growth in the Section’s proposals for legislative action, all of which environmental law CLEs over the last several were approved by the Board of Governors. We years. As usual, the presentations included proposed that the adoption statute be amended attorneys from both the Iowa Department of to require disclosure of aliases and prior investigations for abuse, Natural Resources (“IDNR”) and the Environmental Protection neglect, denial of critical care and child endangerment. We Agency. proposed that court-appointed guardian ad litems be paid under The Section is currently working with the Real Estate the same guidelines and standards presently in existence for public Section to sponsor roundtables on the new federal due diligence defender payment and that the adoption subsidy provisions of requirements for real estate purchases that go into effect on Iowa Code Section 139(1)(b) be increased. All of these proposals Nov. 1, 2006. It is anticipated that that these meetings will be were passed. There is hope for eventual passage of other parts of scheduled for September 2006 and will be held in Sioux City, this year’s legislative agenda, as the bill to make children born out Des Moines and Cedar Rapids. of wedlock eligible for post-secondary education subsidy passed Publications: The Section published two newsletters the Senate by a 50-0 vote and our other proposals were worthy. We for Section members. The newsletters included topics of current are extremely pleased with the work done by Jim Carney, Jenny interest. The Section also conceived and implemented the Tyler, et. al. in communicating our concerns to the legislature and publication of an “Electronic Environmental Practice Manual.” providing us with feedback. Mary Ann Shao volunteered her time to act as editor for this This past year was a banner year for many Section C.L.E. project. programs and the Family and Juvenile Law programs were no The paper edition of the Environmental Law Section’s exception. The annual Family and Juvenile Law Section seminar Practice Manual was last published in 1997. There have been held Oct. 27-28, 2005 attracted 258 paying attendees. Jim Meade, many changes in the environmental law field since 1997, not the Patricia Hemphill, Dan Bray and Barbara Romar played a huge least of which is a move toward web-based information. Rather role in its success and in-coming Chair, Elizabeth Rosenbaum’s than attempt a multi-year revision of that paper document, the ideas for coordinating our regular Section meeting, First-timers Section will now have a continuously updated series of articles breakfast reception, Chair’s reception, and fund-raising certainly on its website. The first series of articles include the following: made last year’s seminar attendance rocket. The Ethics Dinner Theater format has really caught on and we are perfecting its 1. “Responding to Regulatory Inspections and Information educational and entertainment value. Requests” by Jane McAllister The Juvenile Law Seminar was held April 20, 2006 and 2. “New Federal Brownfields Law” by Jane McAllister there were 73 in attendance. This has been an annual program for 3. “Iowa Uniform Environmental Covenants Act” by Scott Young only a few years, but it has an established consistent pattern of 4. “SEC Ethics for Lawyers: Outline of Securities and Exchange increased interest and attendance. Commission’s Attorney Conduct Rules for Environmental This next year’s annual meeting and next year’s other Lawyers” by Professor Ethan Stone seminar programs promise to be even better, as we are bringing in 5. “Toxic Mold Litigation” by James L. Pray several nationally recognized speakers and our C.L.E. committee 6. “The Iowa Land Recycling Program” by Charles F. Becker has planned far in advance. 7. “Environmental Liability for Officers, Directors and The Section has found that it remains important for Shareholders” by Charles F. Becker practitioners not to become too narrowly focused on their primary Legislation: This year saw less activity on the area of practice. To that end, a joint probate and family law legislative front. The previous year saw the passage of the committee has been active in bringing to our attention important Uniform Environmental Covenants Act. During the current probate issues that impact on the manner in which we draw family year, the IDNR adopted rules implementing the provisions of the settlement agreements. On May 12 the Family and Juvenile Law Act. Some members of the Section made informal comments Section teamed with the Taxation Section to present a Tax Issues regarding those rules. in Divorce seminar. The ADR committee will be teaming with the Regulation: The Section formed a committee to assist the ADR Section of the Bar Association to work on proposed revisions IDNR in reviewing its procedural rules for administrative litigation. of the Iowa Supreme Court rules for Lawyer Mediators in Family One goal of this committee is to make the procedural rules more Disputes. “user friendly.” The committee met several times to consider draft Participation by individual Section members at our rules prepared by the IDNR and made informal comments. After meetings and committee work has been good this year. I believe the rules are published in the Administrative Bulletin for formal that we are starting to move ahead on some important projects. comment by the IDNR, the rules will again be examined by the Section’s committee, and the Board of Governors may be asked to approve a formal response if the rule changes need additional modifications.

Annual report 2006 Final.indd 14 5/30/2006 8:43:02 PM General Practice Section Health Law Section Marion James, JD Daniel Flaherty, JD “Remember, I’m pulling for you -- The Health Law Section remained we’re all in this together.” active this year, first at the Iowa State Fair This is a punch line often used on the where members engaged the public and the Red Green show, aired on National Public media on the important issue of advanced Television. It could also be motto of the directives brought about as the result of the General Practice Section, and it certainly is Terri Schiavo decisions in Florida. the theme of the Solo/Small Firm conference that will be held We continued to remain active during the legislative Sept. 14 and 15, 2006 at the Gateway Center in Ames. session on a number of bills important to the needs of children Most of the Section Council’s efforts in the last year and the mentally ill. While all of our efforts have not been have been directed toward the planning for this event. successful, we have been able to engage a number of our The lead speaker will be Nancy Byerly Jones who is members in that decision-making effort. widely known on the ABA circuit for her ability to zero in on what matters to solo and small firm practitioners. Attendees can count on getting many practical tips to take back to the office to Labor & Employment Law Section improve their practices. Charles Gribble, JD The workshops will be divided into technology, office The Employment Law Section practice and substantive areas. Ross Kodner, an attorney who completed an extremely successful seminar held is recognized for his technology expertise will present: How at the West Des Moines Marriott on Oct. 26, 2005. not to Commit Malpractice with your Computer; The Lawyer The seminar was attended by approximately 140 and Paralegal’s Essential Guide to Electronic Discovery and employment law practitioners. Presentations Computer Forensics; and PDFing in your practice: Lawyers were given by Supreme Court Justice David Guide to Adobe, Acrobat & PDF Tool. Wiggins and by numerous experienced employment lawyers Other topics range from Research on a Dime, Merger representing employees and employers. Greg Naylor served as and Winding Up of a Practice, Ethical/fees (fee agreements, fee seminar co-chair for this very well received and successful event. sharing and setting fees) to Effective Advertising. The Section has also named its Legislative Committee An early bird session will be offered Friday morning on Chair, Kelly R. Baier. We are working closely with Jim Carney to the Paperless Office. monitor all upcoming employment-related legislation. As always, everyone will have an opportunity to interact We have continued to work on the People’s Law College with other attorneys when, sometimes, the greatest learning project that was commenced last year. Chairing this committee is occurs. Jill Jensen-Welch. The purpose of the committee is to identify for Remember, the General Practice Section is pulling for the public common employee and employer areas of inquiry and you, because we are all in this together! to encourage both sides to know their rights and obligations before taking action to either quit a job or terminate an employee.

Government Practice Section Hugh Cain, JD Intellectual Property Section The purpose of the Government Timothy J. Zarley Practice Section is to assist attorneys advising The Intellectual Property Section governmental entities. One of the problems has been actively participating to promote encountered by such attorneys in recent years innovation within the state of Iowa. The Section has been the decrease of financial resources to has been working with the Iowa Department of support government services. Economic Development to provide information In order to assist attorneys in representing governments to entrepreneurs and small businesses. in an era of declining resources, the Section held its first “in Recently, a presentation on the patenting process was person” seminar in many years. More than 60 attorneys attended given at the SMART Economic Development Conference. In in Des Moines on Sept. 14, 2005. Well known and experienced addition, the Section has been working with the Iowa Intellectual attorneys spoke on government consolidations, government Property Association to develop a website to provide general sharing agreements, school consolidations and closings, employee information to the public. terminations and reductions in force, and property tax appeal changes. The Section continues to monitor legislature impacting Probate And Trust Section local and state government and strives to be a positive force for Robert J. Cowie, Jr., JD helping members advise governmental entities. The Probate and Trust Section is in the process of completing yet another excellent year of educating our members and members of the Bar and advancing legislation which improves probate, trust and related draws,

Annual report 2006 Final.indd 15 5/30/2006 8:43:03 PM while maintaining the level of excellence of practice by its Taxation Section members in these areas of law. Jennifer K. WendtGeisler, JD Our Section’s Fall Seminar has been reorganized to The Taxation Section accomplished coincide with the Section meeting in Des Moines, but still is a number of big projects this year, not the available for regional sites throughout the State as we continue least of which was the yearly December Tax to provide topnotch legal education for our statewide members. School that is presented each December in Des In addition, the Section provides a track of CLE education at Moines. This year’s seminar, chaired by Todd the Annual Meeting. This year we will have Professor Jeffrey Slagter and David Repp, had a turn-out of 673 Pennell, from Emory Law School, making a presentation. people and a profit of $66,067.86, in spite of a relatively slow With the assistance of the Bar’s lobbyists, the year on the federal tax front. Legislative package of the Probate Section appears headed to The University of Iowa Law School again hosted the become law. Spring Tax Institute on May 5 and 6, 2006, in conjunction with We encourage all members of the Bar to become the Section. Paul Morf chaired the program and set up the members of the Probate Section, to participate in the List speakers and topics to be covered. Serve, which has proven to be an active exchange of ideas and The Taxation Section took on a new educational project suggestions, and to attend our meetings which are recognized as this year in an effort to reach out to other sections of the Bar providing as much CLE as seminars. and share our knowledge. We expect the program to be hosted In the upcoming year we anticipate having a complete annually by the Section, with a different focus each year. and rewritten Probate Manual available and a potential legislative This year’s program was jointly produced by the ISBA package for the 2007 year which will: Tax Section and the Agricultural Law Department of Iowa State University. It was held on May 12, 2006, and titled “Tax for 1. Clarify post-marital agreements Non-Tax Lawyers: Dissolution,” with a number of experts from 2. Revoke benefits of non-probate assets to former around the state speaking on tax issues that arise during the spouses course of representation in dissolution. The Family Law Section 3. Clarify probate fee standards for extraordinary of the Bar provided three committee members so that we could services develop a program that would be worthwhile for all attendees. 4. Preserve homestead status for homes owned by This effort has been an inspiring collaboration between sections revocable trusts and attorneys, and we look forward to seeing it continue next 5. Honor decedents’ directions for disposal of year. their human remains Members of the Section Council requested that ISU 6. Provide investment standards for executors and Professor Roger McEowen initially draft proposed legislation conservators. to correct some capital gains tax issues on the state level in order to have the state law piggyback the federal tax law. After receiving the proposal from McEowen, the Section Council Real Estate and Title Law Section provided feedback and voted to submit the proposal to the Board Dave Erickson, JD of Governors for support. Governor Vilsack has since signed the The Real Estate and Title Law Section bill into law, correcting the problem effective Jan. 1, 2006. Council of The Iowa State Bar Association The Section Council continues to review bills of interest met for its annual meeting in June 2005. The to the Taxation Section and provides feedback when necessary. members in attendance discussed various Finally, the Section Council has noted its concern issues that were deemed of importance to the that the number of highly active Section members continues to Real Estate Bar. grow smaller, in spite of having a very large membership. The Throughout the year, the Real Estate Section Council Council will be making continued efforts in the upcoming year has met on a monthly basis via telephone conference call to to involve more members in the development and planning of discuss various issues. The Section Council has monitored Section-sponsored activities, as well as trying to provide more legislation being proposed by the Iowa Legislature and has opportunities for networking between members of the Section. voiced concerns regarding legislation that may affect the real estate practitioner. The Real Estate Section Council has worked closely with the Title Guaranty Division of the Iowa Trade Regulation Section Finance Authority. The Title Guaranty Division has made many Edward M. Mansfield, JD improvements to its program that will benefit the citizens of the The Trade Regulation Section devotes State of Iowa. attention to federal and state laws regulating The Title Standards Committee of the Real Estate and commerce, including antitrust, franchising, and Title Law Section has revised many of its title standards, and consumer protection. those revisions were approved at the December, 2005 Board of On Sept. 14, 2005, the Section Governors meeting. The title standards are now available on co-hosted its annual seminar along with the website of The Iowa State Bar Association, as well as being the Corporate Counsel Section at the Hotel Fort Des Moines. available in print form. Last fall’s seminar included a review of 2004-05 antitrust developments, a presentation on the indirect purchaser rule in Iowa, and an update on franchising law in Iowa.

Annual report 2006 Final.indd 16 5/30/2006 8:43:04 PM The current U.S. Supreme Court term has been very the law, mock trials also help students develop important critical significant in the antitrust area. The Court decided three thinking skills and aid in the development of fundamental research, important antitrust cases involving joint ventures, the Robinson- preparation, and presentation skills. Students who participate in Patman Act, and the relationship between patent and antitrust mock trials are poised, confident, and knowledgeable about legal laws. content and the legal process. Next year the Trade Regulation Section looks forward Mock trials encourage the involvement of outside resource to analyzing the implications of these cases, to continuing its persons in the classroom. To help prepare students for this activity, work in the franchising and consumer protection areas, and to teachers call upon lawyers, judges, law students and other legal presenting another joint seminar this fall with the Corporate professionals to work with participants on the various aspects of Counsel Section. preparing a case and conducting a trial. Many lawyers and judges serve as attorney-coaches and work alongside teachers on a regular basis to provide guidance and expertise. The interaction between Workers’ Compensation Section students and adults from the community is a positive experience John Swanson, JD for both groups. Students learn more about the legal profession The Workers’ Compensation Section of and dispel stereotypical notions about the judicial system. For their The Iowa State Bar Association did not propose part, community leaders develop a positive relationship with young any new legislation this year. However, the people and value the students’ commitment to problem solving and Section did discuss proposed revisions to dispute resolution. Iowa Code § 86.24 (relating to intra-agency As coaches, mentors and judges, attorneys in Iowa give appeals). The proposals submitted dealt with freely of their time and expertise to students throughout the state. the authority of the Commissioner to dismiss In 2005-2006 alone, legal professionals in Iowa donated more than all or part of any appeal, as well as the issues of de novo review. 17,500 hours to work with Iowa’s young people to prepare them After much discussion, the Section was in agreement that the for the competition and to evaluate performance. proposed changes not be endorsed. Since 1983, the Iowa Mock Trial Program has given The Annual Workers’ Compensation Conference was held thousands of students the opportunity to get a close-up look at the on Friday, April 28, 2006. Unlike past years, this year’s conference judicial process. The Iowa program remains among the largest in was held at the Marriott in Des Moines. Forty five registrants the nation, and one of very few to offer the mock trial experience attended the conference. As in previous years, the presenters to middle school. During the 2005-2006 school year, close to 4,000 discussed a wide range of issues on topics of importance to workers’ students in grades 6-12 participated in mock trial competitions. compensation practitioners. Previous feedback from conference Many hundreds more benefited from mock trials as an in-class attendees expressed a desire for further such conferences outside activity. of the Des Moines venue. Members of the Section have expressed The Iowa Mock Trial Program challenges students their agreement with trying to hold future conferences outside of with critical legal issues each year. The mock trial problems are Des Moines. highly relevant and topical - often taken from news headlines. The December 2005 saw Commissioner Michael Trier retire. trial problems alternate each year from civil to criminal matters, Interim Commissioner Chris Godfrey was appointed by Governor thereby giving students a more comprehensive look at all areas Thomas Vilsack. Unfortunately, the nomination ran into difficulties of law. In the past few years, for example, mock trial participants and it will be up to the next governor to submit a candidate for have examined such issues as: Commissioner to the next legislature. The CIETC difficulties have also threatened to negatively * freedom of the press (1994) impact the budget for the Commissioner’s office. We enlisted the * domestic violence (1994-95) help of The Iowa State Bar Association’s lobbyists to express our * student steroid abuse (1996) concerns to legislators that the agency is already being expected * hate crimes (1996) to do too much with too little by way of financial resources. It is * student privacy rights (2000) unknown at this date what the final outcome will be in terms of the * trademark protection (2000) Commissioner’s budget. * Employment Discrimination/ADA (2001)

Mock Trial Program Report The Iowa Mock Trial Program offers a separate John Wheeler, Director ISBA Center for Law competition for students in grades 6-8 and 9-12. The Middle and Civic Education School program takes place each Fall, with a special coaches clinic in September, regional competitions in early November, and the Overview state championship tournament held every year in late November. In a mock trial, students play the roles The High School program features a clinic for coaches of attorneys and witnesses as they prepare and students in January, regional tournaments in early March, and and present both sides of a hypothetical legal the state championship in late March. The High School Champion problem. Participants present their arguments before real attorneys represents Iowa at the annual National High School Mock Trial and judges, who not only rule on the legal merits of the case but Championship. Both Middle School and High School champs are also evaluate and critique student skills. Through mock trial, showcased at a special event at the Iowa State Fair in August. participants get a hands-on opportunity to examine legal processes and current legal issues. In addition to providing familiarity with

Annual report 2006 Final.indd 17 5/30/2006 8:43:05 PM Iowa Middle School Mock Trial ISBA Public Service Project The program in the Fall involved 226 teams from 122 (formerly known as Volunteer Lawyers schools. Included in the number of schools were eight that had Project) never before participated in the Iowa Mock Trial Program. The Brett J. Toresdahl, Executive Director case this year involved a criminal charge of Injury by Vehicle. A The ISBA Public Service Project driver of a vehicle allegedly struck and injured a pedestrian shortly (ISBA PSP) continues to serve as the statewide after the Iowa victory in the Capital One Bowl while massive pro bono support program, promoting pro bono celebrations occurred in Iowa City. Regional competitions were legal services and assisting the pro bono delivery held in 13 locations throughout the state. The top 34 teams programs. The objectives and purpose of the organization are to competed in the State Tournament, held in Des Moines on Nov. work with the legal profession in Iowa to assist it in providing 17, 18 and 19. A team from Regis Middle School in Cedar Rapids service to the public. won the championship. The contributions that attorneys make to their communities go far beyond their willingness to represent clients on a pro bono Iowa High School Mock Trial basis. Attorneys provide a resource to the public that is valuable This year’s problem involved a criminal charge of Felony but often unappreciated. The ISBA PSP is committed to facilitating Murder following a homicide during a graduate school Halloween this resource and organizing opportunities in which the legal Party. A total of 145 teams from 81 schools participated this year. profession can provide information and service to the public. The Regional competitions were held at 10 sites throughout the state. mission of the ISBA PSP states: “The ISBA Public Service Project The top 32 teams qualified for the State Tournament held in Des highlights every lawyer’s responsibility to regularly provide pro Moines on March 16, 17 and 18. A team from Valley High School bono professional service in the community. The ISBA PSP also in West Des Moines defended its 2005 championship with a victory promotes public education to ensure that Iowans enjoy reasonable over a team from Carroll High School in the state finals. The State access to justice and place trust and confidence in the administration Champion represented Iowa at the National High School Mock of justice.” Trial Championships in May in Oklahoma City, Okla. The ISBA PSP continues to work on access to justice issues. This includes continuing to work with legal service National High School Mock Trial Championship providers to maintain an efficient process in the delivery of legal Representing the state of Iowa, Valley High School assistance. We are also working with Bar leaders and the Court of West Des Moines was crowned the High School Mock Trial to develop a statewide Access To Justice structure that will create Champion at the National tournament May 11-14 in Oklahoma partnerships among the Bar, the Court, legal service providers, City, Okla. The team from Valley defeated the mock trial team law schools and other stakeholders to improve and expand access from Kalamazoo, Mich. to win the 23rd annual competition. to civil justice here in Iowa. To advance to the championship round, Iowa also Many states have put in place commissions to address defeated teams from Oklahoma, Alabama, Idaho (the eventual 9th the broad-ranging issues around the delivery of legal services place finisher) and Kentucky (8th place). to the poor and the gaps or unmet needs in services. We have a This year’s national mock trial problem was a criminal critical need in this state to look beyond the traditional forms case involving a charge of second degree murder at a rodeo of legal service to reach the client population who is not being competition. served. Thanks to J.C. Salvo’s leadership, this concept in now Forty four teams competed in this year’s national moving forward in Iowa. The ISBA PSP will continue to provide competition, including high school champions from 39 states, two staff leadership on behalf of the Bar while the commission gets territories (Guam and the Northern Marianas) and the Republic established. of South Korea. The tournament is conducted annually by the The ISBA PSP assists in developing public outreach National High School Mock Trial, Inc. This year’s event was efforts that provide Iowans with information that they need to hosted by the Oklahoma Bar Association. access the judicial system in our state. Last summer, we had the The National High School Mock Trial tournament began privilege of assisting the ISBA with their successful Iowa State Fair in Des Moines in 1984. A team from Lincoln High School in Des Booth. Thousands of people had the opportunity to discover the Moines won the national title in 1986 when the event was held in value of Iowa’s legal profession. The ISBA PSP has also served on Phoenix, Ariz. The championship by Valley is the second title in the ISBA Public Image Task Force. Community involvement of the last 6 years by an Iowa team (Pocahontas won the competition the legal profession is critical for positive public image. The ISBA in 2001) and third national championship overall. Iowa becomes PSP views pro bono publico, which means “for the public good,” the first state to claim three national championships. to include a broader sense of volunteerism not simply taking cases The 2007 National High School Mock Trial competition for free. The value of service of attorneys on boards, committees will be held in Dallas, Tex. and in organizations is being promoted and encouraged with an The Iowa Mock Trial Program Director, John Wheeler, emphasis on service to the populations with the highest amount was re-elected to a three-year term on the National High School of need. All Iowans will benefit from the involvement of the Mock Trial Championship Board of Directors. Since October profession in their communites. 2005, Wheeler has served as the board chairman. For the past several years, the ISBA Public Service Project along with The Iowa State Bar Association has worked with military personnel to provide legal assistance. The purpose of the program has been to assist individuals and their families with legal issues that arise as a result of their active military status. In the past

Annual report 2006 Final.indd 18 5/30/2006 8:43:06 PM year the ISBA PSP has worked with the Family Programs Office Foundation to aid in the rebuilding of offices and practices for of the Iowa National Guard as they have organized workshops for lawyers devastated by Hurricane Katrina. The Iowa State Bar military units following their return from active duty. The purpose Association also donated $25,000 to this effort. Iowa lawyers of “Enduring Families Workshop” is to provide information for should be proud of the significant contributions made for lawyers unit members and their families post-mobilization in order to assist victimized by Hurricane Katrina on behalf of Iowa lawyers. in making informed decisions. The intent is to facilitate a smooth The Bar Foundation also awarded a grant of $12,100 transition from active duty, raise awareness of entitled benefits and to the American Judicature Society to assist the funding of a services, and enable access to representatives of relevant agencies regional pro se conference to be held in Des Moines this fall. and programs. Pro se litigation is a growing issue for the court system, as well Officials have asked civilian attorneys to participate in as for practicing attorneys. The conference will be beneficial to these workshops to be able to answer legal questions that individuals advance the discussion on this important topic. may have following their return home. The ISBA Public Service The Bar Foundation also awarded $6,000 to the Bar Project has made a commitment to the Iowa National Guard that Association to support the ISBA Solo and Small Firm Conference volunteers attorneys will be available at all workshops. More than to be held on Sept. 14 and 15, 2006. In addition, the Bar 40 of these workshops have been held to date with a member of the Foundation continued its annual support of the YLD’s “Know ISBA present at each to provide assistance. Your Constitution” program. The Guthrie County Historical The ISBA PSP assisted the ISBA Women and Minorities Foundation was awarded $2,500 to assist the Guthrie County Committee with a project to translate the various brochures of Historical Village Foundation to relocate the “Batschelet Law the ISBA from English into Spanish. The brochures are ready Office,” originally built in 1878, to the Historical Village in for distribution and available at the ISBA office. They are also Panora. being distributed at public service events such as the People’s Law In addition to the grants award, the Board also began a School and the Iowa State Fair booth. review of its organizational structure. The Board is evaluating Finally, the ISBA PSP is actively promoting the new its operations to ensure it is utilizing the “best practices” in its Rule 32:6.1 Voluntary Pro Bono Publico Service of the Iowa corporate and financial structure. It is also reviewing the role of Rules of Professional Conduct. The new rule calls for all lawyers the Fellows programs. to aspire to render at least 50 hour pro bono publico legal services The Bar Association staff continues to provide per year. It is a pleasure to work with Iowa’s legal profession as invaluable assistance to the Foundation. If you have been to the they fulfill their ethical obligations related to public service. Bar Association website, I am sure you have noticed the link to the Bar Foundation. Please visit the site. The site includes a history of the Foundation as well as a list of the Fellows, Iowa State Bar Foundation Board of Directors corporate documents, the Foundation’s Form 990, and a list of 2005-2006 contributors to the Foundation. President: Joseph Thornton Thank you for your ongoing financial support of Vice President: Nan Horvat the Foundation. Your gifts and dues checkoffs are greatly Secretary: John Lloyd appreciated. On behalf of the Board, I will assure you that we Treasurer: Diane Kutzko will continue to strive to be good stewards of the generous gifts Board Members: Paul Ahlers you have given to the Foundation. V. Jean Bartley Joseph Lauterbach Arthur Neu ISBA President-Elect’s Message William Scherle Marion L. Beatty, JD, President-Elect Advisory Board: Lu Ann L. Barnes It has been a pleasure serving as Marvin Berenstein Russell Buchanan President-Elect this year. Under J. C. Salvo’s Thomas J. Cahill Edgar F. Hansell leadership we have accomplished many of the lofty goals which were established last Foundation Fellows President: Cynthia Moser summer. Among those were the increase in fees for indigent defense lawyers, establishing a committee to develop an Access to Justice Commission, Iowa State Bar Foundation investigating the housing needs of The Iowa State Bar Association Joseph Thornton, JD and exploring building options to accommodate the organization The 2005-2006 year provided during the twenty-first century. opportunities for the Bar Foundation to Next year it is my hope and intention to work with the continue its mission to support The Iowa State Public Image Task Force in improving the image of Iowa Lawyers Bar Association and its members, as well as to around the state. We fully expect to continue the worthy programs advance jurisprudence and the administration which are of great assistance to all lawyers in that regard: The of justice through education and research. Mock Trial program, the Know Your Constitution program and our The grants awarded this year were a combination of work with the YLD to distribute the new handbook for graduating support for ongoing projects as well as support for unique, special seniors on their responsibilities and rights once they have turned situations. The Bar Foundation donated a combined $25,000 18 years of age. I hope to see the Access to Justice Commission to the Louisiana State Bar Association and the Mississippi Bar become a reality this year. That commission will work to provide

Annual report 2006 Final.indd 19 5/30/2006 8:43:06 PM ways of meeting civil legal needs of the poor and other needy from active participation in the firm and other related situations for citizens that are currently not being met. We will also continue our which planning is necessary. support on behalf of Iowa Legal Aid. The ISBA will continue its long tradition of active Among the initiatives we will strive to accomplish lobbying to develop a legislative agenda which promotes the together with the ISBA Public Service Project are the Loan best interests of the citizens of the State of Iowa while guarding Repayment Assistance Programs, which will be used to encourage against unwarranted and improper intrusion into the third branch newly admitted lawyers to work in pro bono settings, including of government’s domain, as well as the legal profession. but not limited to rural areas where the need is great and the ability We will continue to offer the Military Assistance Program, to attract and maintain young lawyers with substantial debt is staff the Iowa State Fair booth and develop and improve the myriad becoming more difficult. The program is primarily designed to of other services the ISBA offers which includes our Iowa Docs assist lawyers who choose to work in the public service field. programming, Civil and Criminal Jury Instructions, Fastcase, list We also hope to develop procedures, manuals and other serves, The Iowa Lawyer publication, CLE opportunities both live documents which will assist the Iowa legal profession in being and online, as well as the many other services we have developed prepared for disasters that may affect our communities. As you and will continue to provide to our members. may recall, former President Nick Critelli established the Disaster The ISBA staff and leadership continues to strengthen Response Task Force. The hope this year is to establish a Disaster its existing programming and services, while expanding this Response Guide and Manual that can be readily used whenever organization and making it the most successful volunteer Bar an organized response to an event is needed. We will have Association in the country. explanations of federal programming and forms for application for I look forward to the opportunity to serve as your disaster relief and similar types of materials. Training for attorneys President next year and value any input you have to offer as to would be part of the ongoing process of developing the response. how we might improve the ISBA and make it more user friendly Finally, we do hope to partner and work together to to you. I also want to thank those who have volunteered on our establish a task force to develop materials to be produced, and many committees and sections. I look forward to working with for training opportunities to be offered, for business continuity all of you as well as President-Elect Joel Greer and Vice President planning for attorneys in Iowa. It is our intention to develop a Dan Moore, to build on the successes of this past year and previous program whereby law firms can establish procedures and make administrations. certain they are prepared for the loss of a partner or partners, natural disasters in their own law firms, major technological failures, health issues which arise within law firms prohibiting a member 2005-2006 Officers Section President J.C. Salvo, Harlan President-Elect Marion Beatty, Decorah Vice-President Joel Greer, Marshalltown Executive Director Dwight Dinkla, Des Moines YLD President Matthew Preston, Cedar Rapids YLD President-Elect Jen Chase, Waterloo Secretary Bridget Penick, Des Moines 2005-2006 Board of Governors 1A Dean Konrardy, Dubuque 5C Mark Hanson, Des Moines 1A William Werger, Manchester 5C Elizabeth Kennedy, Des Moines 1B Timothy Sweet, Reinbeck 5C Jane Lorentzen, Des Moines 1B George Weilein, Waterloo 5C Susan Low, Des Moines 2A Philip Garland, Garner 5C Michelle McGovern, Des Moines 2A Thomas Lawler, Parkersburg 5C Sara Sersland, Des Moines 2B Steven Hendricks, Fort Dodge 5C Paul Tyler, Des Moines 2B William Lorenz, Marshalltown 5C Joseph Van Winkle, Des Moines 2B Jim Robbins, Boone 6 James Craig, Cedar Rapids 3A Randy Waagmeester, Rock Rapids 6 Christine Luzzie, Iowa City 3B Dan Moore, Sioux City 6 Timothy McMeen, Marengo 3B Cynthia Moser, Sioux City 6 Marsha Bergen, Iowa City 3B Patrick Murphy, Le Mars 6 Hon. Marsha Beckelman, Cedar Rapids 4 Alan Anderson, Logan 7 Gerald Denning, Wilton 4 Charles Smith, Council Bluffs 7 John Kies, Maquoketa 5A John Powell, Perry 7 Robert Waterman, Davenport 5B Elisabeth Reynoldson, Osceola 8A Rick Lynch, Bloomfield 5C Frank Carroll, Des Moines 8A John Morrissey, Fairfield 5C Connie Diekema, Des Moines 8B Roger Huddle, Wapello

Annual report 2006 Final.indd 20 5/30/2006 8:43:06 PM Breakdown of Iowa State Bar Association Membership as of June 1, 2006

Member Type Total

50 Years 332 Active 5,470 Military 91 Out of State 1,469 7,789

Membership by County

Section Membership Administrative Law 93 Government Practice 169 Agricultural Law 195 Health Law 173 Alternative Dispute Resolution 107 Intellectual Property Law 105 Business Law 459 International Law 44 Commercial & Bankruptcy Law 337 Labor and Employment 396 Corporate Counsel 262 Litigation 781 Criminal Law 327 Probate Property and Trust Law 751 eCommerce 101 Real Estate and Title law 659 Environmental and Natural Resource 144 Taxation 356 Family and Juvenile Law 585 Trade Regulation 44 General Practice 316 Workers’ Compensation 351

Annual report 2006 Final.indd 21 5/30/2006 8:43:07 PM The Iowa State Bar Association IOWA STATE BAR ASSOCIATION Member Benefits STATEMENTS OF ACTIVITIES AND CHANGES IN NET ASSETS YEARS ENDED JUNE 30, 2005 AND 2004

REVENUES 2005 2004

Dues $1,189,486 $861,274 Ethics - 464,351 Sales of manuals, documents and software 185,794 260,782 Investment Income 40,055 26,942 Rental Income 4,060 5,179 Continuing Education 213,090 214,595 Bridge the Gap 39,515 21,227 Mock Trial 52,933 58,477 Lawyer Referral Service 18,338 11,771 Annual Meeting 99,008 67,222 Other Income 32,679 14,520

TOTAL REVENUES 1,874,958 2,006,340

EXPENSES Program services: Membership service 141,787 132,981 Committees 210,043 221,744 Sections 17,755 22,456 Ethics - 426,536 Mock Trial 40,720 40,211 Total program services expenses 410,305 843,928

Support services: Administrative 1,243,746 1,170,889 Provision for income taxes 1,050 810 Total support services expenses 1,244,796 1,171,699

TOTAL EXPENSES 1,655,101 2,015,627

Increase (Decrease) In Unrestricted Net Assets 219,857 (9,287)

NET ASSETS, beginning of year 953,723 945,010

NET ASSETS, end of year $1,115,580 $ 953,723

Serving the legal profession and the public since 1874

Annual report 2006 Final.indd 22 5/30/2006 8:43:07 PM The Iowa State Bar Association Member Benefits

Conference Calling As a member of The Iowa State Bar Association, you now have access to automatic enrollment in the ReadyConfer- Lawyers Professional Liability Insurance ence Plus conferencing service from Premiere Global In today’s litigious society, it is vital that law firms have Services. Faster, less costly and more flexible than tradi- Professional Liability coverage in place. Not having proper tional operator-assisted conferences, this service requires coverage can put a firm at risk. That’s why The Iowa State no operators or reservations. Although Premiere provides Bar Association (ISBA) recently partnered with Lock- various levels of more traditional conferencing services, it ton Risk Services to develop the all new ISBA Insurance is Ready Conference Plus that allows attorneys and their Program. Developed under the guidance of ISBA, the new staffs to host a conference call at a moment’s notice from program offers the Pro- any touch-tone phone in America. Never make reservations fessional Liability cover- again because ReadyConference Plus is always available. age Iowa law firms need You can have a conference call in three minutes or three to protect their practices days! All of this for only 10¢ per-line minute. For more at competitive rates that information call Premiere at 800-707-8688 or visit them at may not be available www.premconfaffinity.com/isb. anywhere else. The ISBA Insurance Program offers: • A more competitive rate Fax to Internet • An improved policy form As a member of The Iowa State Bar Association, you have • A commitment to outstanding customer service access to enrollment in the Send2Fax, LLC Internet fax- • Insurance with a company rated “A” by A.M. Best ing service. Send2Fax is a fast, inexpensive and easy to As an ISBA member, you owe it to yourself to see what the use service that allows you to send and receive faxes via new program can do for your firm. Take a few minutes now your email account and Internet connection. With Send- to complete and submit the contact form on the ISBA web- 2Fax, there is no software to install and all faxes are sent site or call Lockton toll-free at (800) 679-7154 to request in a non-proprietary PDF format. The sign up process is additional information about the program. For your con- very simple and so fast that you’ll be ready to start sending venience, electronic applications are also available in the and receiving faxes immediately! Individual plans start at Applications/Supplements section of Lockton’s website. $7.95/month and multi-user corporate plans start at $37.95/ month. Secure HIPAA compliant faxing options are also available for an additional cost. Toll-free or local fax num- Travel bers are assigned for no additional charge. Visit http://www. Thousands of members, their families and friends, enjoy state bar send2fax.com/isba or call 800-838-3212 and sign up today! international travel programs offered at group rates. Two or more trips to exciting destinations are sponsored each year through Go Next (formerly Global Holi- CLE Index days). The ISBA CLE Index gives you instant access to all the ISBA CLE outlines from 2000 to present. No more search- To obtain tour brochures and details about the latest trip, call 1- ing the library for a topic you vaguely remember, you can 800-842-9023. www.globalholidaysinc.com search by author, seminar subject, or any keyword. This database is fully searchable. This is more than an index, Office Supplies you are able to print the outline once you have located it. Association Members Only will meet or beat your current pricing on office products, and give you 4% off your next Health Insurance and Related Lines of Coverage order. Average savings: 50%! Free Delivery with no mini- Reynolds and Reynolds is the endorsed broker for Medical, mum order requirement. Fast, easy Internet ordering. Dental, Life and Disability insurance. New product offer- ings to be announced soon include Long Term Care, Vision Call AMO Direct at 800-420-6421 or contact on-line at and enhanced Life insurance programs. www.goamo.com Please contact David A. Fini or Jeanette Sharp at 800-767- 1724 or 515-243-1724 with any questions.

Serving the legal profession and the public since 1874

Annual report 2006 Final.indd 23 5/30/2006 8:43:09 PM The Iowa State Bar Association Member Benefits

Members receive free Legal Research are handed down by the Iowa Supreme Court and Court of In September of 2005 The Iowa State Bar Association began Appeals. Each edition summarizes recent cases by topic and providing Fastcase an online legal research service to all provides direct links to the full text of each decision. Iowa Bar Association members free! Members must access To subscribe to a list, send a mail message to “listserve@ the service through iowabar.org” at this address with the following in the body the Bar’s Web site, at of the message: subscribe caselaw your_full_name http://www.iowabar.org and selecting Fastcase icon.. Bar members will Iabar.org Email Service have access to all 50 The State Bar offers you a free e-mail box on a secure server states’ supreme court and court of appeals opinions from with your own iabar.org e-mail address. A prestigious e-mail at least 1950 to the present along with an extensive Federal address... Package (please see ISBA website for complete list) and the Iowa Code, Administrative Code, and Constitution. Having an “iabar.org” e-mail address will add Fastcase is a premiere American provider of online legal a professionalism to research. The company’s patent-pending research software your business cards, helps busy lawyers sort through the clutter, ranking the best letterheads and adver- cases and statutes first, and enabling users to re-sort search tisements. And it’s just results to find answers fast. Fastcase is an American com- one of the many great pany based in Washington, D.C. and founded in 1999. features of the iabar.org email service: • Free Email -plus- Free 30MB Storage Student Loan Consolidation • Webmail access from virtually anywhere, anytime SunTrust Bank offers ISBA members special interest rate • POP3, Forwarding, Address Book, Calendar, Spell reductions on Federal Student Loan Consolidation on loans Check Tools, and more of $10,000 or more. Lower your interest rate by 0.5 per- cent just for having your monthly payments deducted from For additional information call 515-243-3179 or visit www. your personal bank account. Earn another 1 percent inter- iowabar.org est rate reduction when you make your first 24 consecutive monthly payments on time. (Borrower must stay current for the remaining term of the loan to keep the rate reduction in Additional Resources effect.) For more information on SunTrust and student loan consolidation visit www.suntrusteducation.com/legal or call Ethics Opinions - Searchable database from 1966 to present 888-403-5027 to apply. There are no credit checks, appli- Worker’s Compensation Decisions- Searchable database cation or origination fees. This offer is subject to change from 1993 to present without notice. Criminal Jury Instructions Civil Jury Instructions Title Standards Iowa Caselaw Iowa Lawyer Magazine- Searchable database from 2000 to Do you want Supreme Court and Court of Appeals cases present delivered to your desktop weekly? Iowa Caselaw is a free email service that keeps you abreast of recent cases that have been handed down by the Iowa Supreme Court and the Iowa Court of Appeals.

It costs nothing to subscribe to the service. Once you are subscribed, you will receive an email each time decisions

Serving the legal profession and the public since 1874

Annual report 2006 Final.indd 24 5/30/2006 8:43:09 PM Are you getting the CLE you deserve? Attend ISBA CLE.

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

ISBA Training Schedule

June 2006 SeptemberMay 2006 2006 June 2-3 83rd Annual Lawyers Chautauqua Sept. 13 Law Over Lunch CLE Series Arrowwood Resort, Okoboji Employment Law June 14 Law Over Lunch CLE Series Telephonic Seminar Building/Managing Your Law Sept. 13 Trade Regulation/Corp. Counsel Practice Seminar Telephonic Seminar Hotel Fort Des Moines June 21-23 133rd Annual Meeting Sept. 13 Government Practice Seminar Downtown Des Moines Marriott Hotel Fort Des Moines Sept. 14-15 Solo and Small Firm Conference

July 2006 Gateway Center - Ames July 10 ISBA Two Person Best Shot State Championship Sponsored by the General Practice CLE Opportunities Sponsored by: CLE Division of The Iowa State Bar Association Section Echo Valley - Des Moines July 12 Law Over Lunch CLE Series Mediation/ADR Telephonic Seminar

August 2006 Aug. 9 Law Over Lunch CLE Series Family Law Telephonic Seminar

Aug. 18-19 YLD Summer Seminar Village West Resort & Hotel For additional training information (West Okoboji) -Spirit Lake or to register online visit www.iowabar.org The Iowa Lawyer June 2006

2006 June Iowa Lawyer.indd 1 5/30/2006 4:35:26 PM Are you getting the CLE you deserve? Attend ISBA CLE.

The Young Lawyers Division Professional Development Committee presents Law Over Lunch CLE Series

The Professional Development Committee of the ISBA Young Lawyer’s Division is pleased to announce a telephone seminar series targeted for new attorneys. We recognize that it is sometimes difficult for attorneys to “get away” from their offices for a full-day seminar. You can participate in these programs from the comfort of your own office during the Noon hour. All seminars listed below will be held from 12:00-1:00 p.m. (Central Time).

Telephone CLE Series

June 14, 2006 Building/Managing Your Law Practice The YLD will present a one-hour telephonic seminar regarding marketing and building a client base, managing a staff, understanding the expenses of running an office and all the practical knowledge you need to know to build and start your practice, after you have “hung out your shingle.” Speaker will be Kimberly Stametelos. July 12, 2006 Mediation/ADR The YLD will be presenting a one-hour telephonic seminar on the ins and outs of mediation and alternative dispute resolution, including the advantages and disadvantages of mediation and ADR, how to effectively prepare for a mediation conference, and how to make mediation and ADR work to your client’s advantage. August 9, 2006 Family Law The YLD presents a one-hour telephonic seminar regarding family law, specifically focusing on child support issues and good (and free!) sources of information for attorneys new to the practice of family law. Sept. 13, 2006 Employment Law The YLD will present a one-hour telephonic seminar on recent developments in the area of employment law, focusing on wrongful discharge and related issues.

Registration Form: Law Over Lunch Name : ______Member # ______e-mail:______Address: ______City, State, Zip: ______Registration Fees: [ ] $25 each for ISBA Member [ ] $40 each for Non-member

____June 14-Building/Managing Your Law Practice ___ July 12-Mediation/ADR

____ August 9-Family Law ____ September 13-Employment Law

Program Materials: A few days prior to the seminar, the ISBA office will e-mail the program materials and instructions to you. This allows us to keep the seminar fees reasonable. Instructions will include a toll-free number to call on the day of the seminar and a special code. Method of Payment: ___ Check enclosed ___ MasterCard ___ Visa ___ Discover ___ American Express

Credit Card #:______Exp. Date: ______

Cardholder Signature: ______Please return payment and registration at least 7 days prior to each seminar: ISBA CLE, 521 E. Locust St., Fl. 3rd, Des Moines, IA 50309-1939 or register online at www.iowabar.org

The Iowa Lawyer June 2006

2006 June Iowa Lawyer.indd 2 5/30/2006 4:35:27 PM Are you getting the CLE you deserve? Attend ISBA CLE.

133rd Annual Meeting June 21-23, 2006 Downtown Des Moines Marriott “Try the Annual Meeting on for Size” Wednesday, June 21, 2006 Track 1 Track 2 Probate & Trust Ethics & Case Law Updates

1:00 – 2:00 Legislative and Case Law Update 1:00 – 3:00 Ethics Panel (Ethics) Bob Cowie Justice David Wiggins, Justice Marsha Ternus 2:00 – 3:00 Uniform Anatomical Gift Act and Alan Olson Professor Sheldon Kurtz 3:00 – 3:15 BREAK 3:00 – 3:15 BREAK 3:15 – 4:15 Iowa Criminal Case Law Update 3:15 – 5:00 Estate Planning in Depth Paul Ahlers Professor Jeffrey Pennell 4:15 – 5:00 Iowa Civil Case Law update Paul Ahlers Thursday, June 22, 2006

Track 1 Track 2 Track 3 Bankruptcy Legislative Update, Worker’s Real Estate & Business Law 8:00 – 9:00 Compensation & Litigation 8:00 – 8:45 Is Billie Bob or William Robert the Debtor? 8:00 – 9:00 Real Estate Legislative and Case What is the duty to determine the “true name” Iowa Legislative Update Law Update under the UCC? (Federal) Senator David Miller, Representative Richard David Erickson Gary Norton and Terry Gibson Anderson and James Carney, Legislative Counsel 8:45 – 9:15 9:00 – 10:00 9:00 – 10:00 Title Guaranty Update The Means Test and Section 707(b) Should the Worker’s Compensation Update Matt White and Loyd Ogle trustee get a second bite at the apple? (Federal) Janece Valentine 9:15 – 10:00 Professor Michaela White 10:00 – 10:15 BREAK Electronic System Services 10:00 – 10:15 BREAK 10:15 – 11:00 Phil Dunshee 10:15 – 11:00 Coming Soon-Electronic Filing in the Iowa 10:00 – 10:15 BREAK Bankruptcy Case Law Update (Federal) Courts 10:15 – 11:30 Eric Lam Judge Robert Hutchison, Larry Murphy and Randolph’s Top Ten Little Noticed David Beckman 11:00 – 12:00 Common Law Decisions That Commercial Law and Bankruptcy Legislative 11:00 – 11:30 Affect Your Real Estate Practice Update: A Focus on Ag Liens and Exemptions Structured Settlements in Mediation Patrick Randolph (Federal) Tay Robinson 11:30 – 12:00 Wes Huisinga and Nancy Thompson Strategic Settlements, Cincinnati, OH Changes in the Title Standards 1:45 – 2:45 10:15 – 11:00 Dan Moore It is legal, but is it right? A practitioner’s ap- Fine Tuning Trucking & Motorcycle Cases 1:45 – 2:45 proach to commercial law and bankruptcy Pressley W. Henningsen International Contract Issues for ethics. (Federal) 1:45 – 2:45 Iowa Business Lawyers John Ayers and Michael Mallaney Big Case, Small Firm Steve Dickinson 2:45 – 3:45 Stephen D. Davis, Canel, Davis & King 2:45 – 3:30 Big brother is watching! Attorney/Client Chicago, IL Limited Liability Company Privilege? (Federal) Operating Agreements Jim Snyder and Habbo Fokkena Frank Carrol Continued on next page

The Iowa Lawyer June 2006

2006 June Iowa Lawyer.indd 3 5/30/2006 4:35:27 PM Are you getting the CLE you deserve? Attend ISBA CLE.

133rd Annual Meeting June 21-23, 2006 Downtown Des Moines Marriott “Try the Annual Meeting on for Size” Thursday, June 22, 2006 continued Track 1 Track 2 Track 3 Bankruptcy Legislative Update, Worker’s Real Estate & Business Law 3:45 – 4:00 BREAK Compensation & Litigation 3:30 – 3:45 BREAK 2:45 – 3:45 4:00 – 5:00 3:45 – 4:15 The Electronic Courtroom Bankruptcy Bullets-An explosion yet to go off Noncompetition Agreements/Buy- Jeffrey Allen (Federal) Sell Agreements/Confidentiality Graves and Allen Chuck Hannan and Rush Shortley Agreements Oakland, CA 5:00 – 5:45 Chris Nelson 3:45 – 4:00 BREAK From a Judge’s Perspective (Federal) 4:15 – 5:15 Judge Lee Jackwig 4:00 – 5:00 Physician Practices: Purchase of Voir Dire: Setting Up the Win Practice, Employment, and Sale of William H. Wilhoit Practice Issues Wilhoit Law Offices CLE Hours for Annual Meeting Ralph Heninger, Susan Freed & Grayson, KY 15 hours State Continuing Legal Education of Denise Hill which 7.75 hours are Federal CLE and 2 hours are 5:00 – 6:00 5:15 – 5:45 Ethics CLE. Secrets of Courtroom Persuasion: A Trial Panel Discussion on Business Law Lawyer’s Checklist *Number of Federal and Ethics hours based on Topics Presented Marc A. Humphrey sessions attended.

Friday, June 23, 2006 Track 1 Track 2 Track 3 Federal Practice Agricultural Law Family Law 8:00 – 9:00 8:00 – 8:30 8:00 – 9:00 Federal Criminal Case Law Update (Federal) Property Rights in the Balance Family Law Update Jane Kelly, Federal Public Defender Scott Sawyer, New London, CT James Meade Lead attorney for the Kelo plaintiff home 9:00 – 10:00 owners 9:00 – 10:00 U.S. Supreme Court Year in Review-Evidence in Exploring the Income Shares Child the 8th Circuit (Federal) 8:30 – 9:00 Support Guidelines for Iowa Judge Ross Walters Advising the landowners Featured Speakers: Drake University Law School Team 10:00 – 10:15 BREAK Judge Larry Eisenhauer, Judge Eliza Prof. Neil Hamilton, Prof. Jerry Anderson & Ovrom, Steven Lytle, Evelyn Ocheltree, 10:15 – 11:00 Prof. Kristi Bowman Kevin Kaufman, Jane Venohr New Federal Local Rules of Civil Procedure and 9:00 – 9:30 Moderator: Patricia Hemphill New Federal Rules of Civil Procedure Governing Advising the County Supervisors 10:00 – 10:15 BREAK Electronic Discovery. (Federal) Drake University Law School Team Tim Hill and Kevin Papp 10:15 – 10:45 9:30 – 10:00 Exploring the Income Shares Child 11:00 – 12:00 Panel Questions and Answers on Problem #1 Labor and Employment Law Update (Federal) Support Guidelines for Iowa 10:00 – 10:15 BREAK (Continued) Tom Cunningham 10:15 – 10:45 10:45 – 12:00 Advising the City Council and County How to Build and Manage A Family Supervisors Law Practice

10:45 – 11:15 Advising the landowners Mark Chinn The Iowa Lawyer June 2006

2006 June Iowa Lawyer.indd 4 5/30/2006 4:35:27 PM Are you getting the CLE you deserve? Attend ISBA CLE.

133rd Annual Meeting June 21-23, 2006 Downtown Des Moines Marriott Friday, June 23, 2006 continued Track 2 Agricultural Law Visit www.iowabar.org for a complete 11:15 – 11:30 Comments on eminent domain legislative developments schedule of Events or to register on-line 11:30 – 12:00 Panel Question and Answers on Problem #2

Name : ______Member # ______

Address: ______City, State, Zip: ______

Registration Fees: ISBA Members ____ Admitted to practice prior to July 1, 2002 $275 ____ Admitted to practice July 1, 2002 - May, 2005 $225 ____ Admitted to practice after May, 2005 $ 75

Day Only Sessions ____ Wednesday Only - $100 ____ Thursday Only - $150 ____ Friday Only - $100

Non ISBA Members ____ Complete Seminar $395 ____ Wednesday Only - $140 ____ Thursday Only - $200 ____ Friday Only - $140

____Judges ISBA Member $ 95 ____Para Professional (Legal Assistants & Office Employees) $140 ____Law Students $ 45

Social Activities/Events: ____ Iowa Law School Alumni Luncheon (12:00-1:00 p.m.-Wednesday, June 21) $10 each $______

____ Drake Law School Alumni Luncheon (12:00-1:00 p.m.-Wednesday, June 21) $10 each $______

____ Creighton Law School Alumni Luncheon (12:00-1:00 p.m.-Wednesday, June 21) $10 each $______Reception & Awards Dinner (6:30 p.m-Wednesday, June 21) $45 each $______President’s Luncheon Honoring Supreme Court (12:00-1:30 p.m.-Thursday, June 22) $12.50 each $______

____ President’s Reception, Marriott Pitchers (5:00-6:00 p.m.-Thursday, June 22) (Complimentary) ____ 50 Year Members Awards Luncheon (12:00-1:30 p.m.-Friday, June 23) $12.50 each $______

Method of Payment: ___ Check enclosed ___ MasterCard ___ Visa ___ Discover ___ American Express

Credit Card #:______Exp. Date: ______

Cardholder Signature: ______Return Registration form by 6/15/06 to: ISBA CLE, 521 E. Locust St., 3rd Fl., Des Moines, IA 50309-1939. For questions call: (515) 243-3179 or fax (515) 243-2511 Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by Tuesday, June 13, 2006. Walk-in registration fee will be an additional $50 (fee will begin on Tuesday, June 20, 2006).

The Iowa Lawyer June 2006

2006 June Iowa Lawyer.indd 5 5/30/2006 4:35:28 PM Are you getting the CLE you deserve? Attend ISBA CLE.

ISBA Two Person Best Shot State Championship Sponsored by the General Practice Section Monday, July 10, 2006 Echo Valley Country Club Schedule of Events

Seminar 10:30-11:30 A.M. Lunch 11:30 A.M.-12:30 P.M. Golf 12:30 P.M. Shotgun Cash Bar, Snacks and Awards Immediately following golf

Entry fee: $120 per player includes seminar, lunch, green fees, cart rental, driving range, prizes and trophies

Please Note: Entry Deadline is June 30 No refunds after the entry deadline For More Information on the golf course visit their website at www.echovalleycc.com. Registration Form: 2006 ISBA Two Person Best Shot/CLE

Name : ______Member # ______Phone # ______

Address: ______E-mail: ______

City, State, Zip: ______Please indicate your average 18 hole score: ______

My golf partner is: ______or ______pair me with someone

Please check one of the choices below to aid in planning, the entry fee of $120 is same regardless of your choice:

___I will attend the 1 hour seminar, sack lunch and play golf ___I will eat sack lunch and play golf ___ I will play golf only

Method of Payment: ___ Check enclosed ___ MasterCard ___ Visa ___ Discover ___ American Express

Credit Card #:______Exp. Date: ______

Cardholder Signature: ______

Your entry fee & registration must be received no later than June 30, 2006. No refunds after the entry dead- line. Send check and registration to: ISBA, 521 East Locust, Floor 3, Des Moines, Iowa 50309-1939. (515-243-3179)

The Iowa Lawyer June 2006

2006 June Iowa Lawyer.indd 6 5/30/2006 4:35:30 PM Are you getting the CLE you deserve? Attend ISBA CLE.

The Iowa State Bar Association’s Young Lawyers Division presents

2006 Summer Seminar Village West Resort

August 18 & 19, 2006

Summer Seminar offers a great program at a great location.

Friday, August 18, 2006 Saturday, August 19, 2006 7:30-8:00 Registration 7:30-8:00 Registration 8:00-9:00 Case Law Update 8:00-9:00 Legislative Update Paul Ahlers Jim Carney 9:00-10:00 Bankruptcy (Overview of Changes/ 9:00-10:00 Federal Practice Effect on Family Law) (1 hour Federal) Habbo Fokkena Hon. Mark Bennett 10:00-10:15 Break 10:00-10:15 Break 10:15-11:00 Ethics Panel (.75 ethics) 10:15-11:00 Criminal Law/Procedure William Raisch Alfredo Parrish 11:00 -12:00 “Life after Jensen v. Sattler” 11:00-12:00 Municipal Law (Real Estate Discolosures) (Sex Offender Registry) Mark Critelli 1:30 Adjourn for Afternoon Activities (Golf, Boating, etc.) Please indicate on the registration form below if you would 7.5 hours of CLE, including 1 hour of be interested in playing golf on federal and 0.75 hours of ethics. Friday afternoon (golf payable at course).

Registration Form: 2006 YLD Summer Seminar

Name : ______Member # ______Phone # ______

Address: ______City, State, Zip: ______

Advance Registration Fee: ____ $160.00 Member (5+ years) ____ $130.00 Member (admitted after 2001)

_____$260 Non Member Golf: __ I am interested in playing golf Friday

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

Credit Card #:______Exp. Date: ______

Cardholder Signature: ______

Return Registration form by 8/8/06 to: ISBA CLE, 521 E. Locust St., Fl. 3rd, Des Moines, IA 50309-1939. For questions call: (515) 243-3179 or fax (515) 243-2511 Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by Thursday, August 10, 2006 Written notification can be mailed/faxed or e-mailed to the Bar Office. Walk-in registration fee will be an additional $50 (fee will begin on August 18).

The Iowa Lawyer June 2006

2006 June Iowa Lawyer.indd 7 5/30/2006 4:35:30 PM Are you getting the CLE you deserve? Attend ISBA CLE.

The Iowa State Bar Association’s General Practice Section presents 2006 Solo and Small Firm Conference Gateway Center, Ames

September 14 & 15, 2006

The lead speaker of the Solo and Small Firm Conference will be Nancy Byerly Jones, who is widely known on the ABA circuit for her ability to zero in on what matters to sole and small firm practitioners. You can count on getting practical tips to take back to the office to improve your practice.

Another featured speaker will be Ross Kodner. Ross is an attorney and founder of the 21-year-old legal technology and law practice management consultancy MicroLaw, Inc., based in Milwaukee, Wisconsin. He is the only four-time individual Technolawyer Award winner including the Lifetime Legal Technology Consultant award. Ross is also a former resident of Des Moines. He will be make several presentations: How Not to Commit Malpractice with Your Computer; the Lawyer and Paralegal’s Essential Guide to Electronic Discovery and Computer Forensics; and PDFing in Your Practice: A Lawyer’s Guide to Adobe Acrobat and PDF Tool.

A wide choice of workshops will be available on Technology, office practice and substantive matters. • Research on a Dime • Merger and Winding up of a Practice • Ethical/fees (fee agreements, fee sharing and setting fees) • Effective Advertising • An early-bird session will be offered Friday morning on the Paperless Office.

To paraphrase Red Green, National Public Television “Remember, the General Practice Section is pulling for you--we’re all in this together.”

To register on-line and to find out more information about the Solo and Small Firm Conference visit www.iowabar.org

Remember, save the date and plan to attend. We’re pulling for you!

The Iowa Lawyer June 2006

2006 June Iowa Lawyer.indd 8 5/30/2006 4:35:32 PM Arbitrating employment claims – Watch out for these traps By Frank Harty* In the wake of recent Supreme Court arbitration of workplace disputes outside contract law. See Faber v. Menard, Inc., decisions endorsing arbitration in the of the context of a collective bargaining 367 F.3d 1048, 1052 (8th Cir. 2004). The employment context, many Iowa agreement. While Iowa Code Section courts examine arbitration agreements businesses considered adopting Alternate 679A.1 provides that a “written on a case-by-case basis. Id. Under Iowa Dispute Resolution (ADR) programs. agreement to submit to arbitration an law, as in most states, the burden of As more employers implement such existing controversy is valid, enforceable, proving that a particular provision or programs and agreements to arbitrate are and irrevocable . . .,” the statute further contract is unconscionable rests on the litigated, some pitfalls to the process can provides that the general endorsement of party claiming that it is unconscionable. be distilled. This article discusses the the validity of arbitration agreements See In re Estate of Ascherl, 445 N.W.2d more common traps faced by Iowa “shall not apply to . . . a contract between 391, 392 (Iowa Court App. 1999). attorneys and employers in drafting employers and employees.” See Iowa To be guaranteed that an arbitration and enforcing ADR programs in the Code § 679A.1(2)(b). Where, however, agreement will be found valid and employment setting. there exists the requisite nexus with enforceable, an employer literally has interstate commerce, the FAA clearly to nearly recreate statutory remedies The legal landscape preempts Iowa Code Chapter 679A. and rights in the four corners of the The Federal Arbitration Act (FAA) is arbitration agreement. Where an the foundation for the arbitration of Traps for the unwary employer includes in the agreement a employment claims outside of the Within the legal foundation described waiver of certain rights or a deviation collective bargaining context. The FAA above, there are a number of traps from a statutory remedial scheme, it risks provides that a written arbitration or idiosyncrasies of which lawyers either a portion or the entire agreement agreement is valid and enforceable representing employers should be aware. being found to be unenforceable as and that a party can compel arbitration While not exhaustive, some of the more invalid or unconscionable. where: (1) there is a dispute; (2) a common traps are: A number of courts have held that an written promise to arbitrate covers the I Failing to think through the decision to arbitration agreement that prohibits a dispute; and (3) the transaction relates adopt an ADR program. claimant employee from asserting a class to interstate commerce. Employers should not assume without action or a collective claim would be The courts interpret the FAA to an in-depth analysis that an ADR unenforceable. Independent Association reflect a “liberal federal policy favoring Program would prove to be a panacea. of Mailbox Center Owners v. The arbitration agreements.” Moses H. Cone There are clearly advantages and Superior Court of San Diego County, Mem’l Hosp. v. Mercury Constr. Corp., disadvantages to adopting such a (CA Ct. App. Oct. 13, 2005). See also 460 U.S. 1, 24 (1983). The FAA has program. Studies show that employers Discover Bank v. Superior Court, 36 Cal. recently been interpreted to allow for the prevail in nearly half of workplace 4th 149 (2005). arbitration of all sorts of employment arbitrations, while plaintiffs win in only I Overreaching: Prohibiting punitive or disputes, including statutory claims approximately one-third of cases filed in liquidated damages. of discrimination. state and federal courts. Not surprisingly, An employer that includes in its The FAA “compels judicial arbitrators who rely upon being chosen arbitration agreement a waiver by the enforcement of a wide range of written by the parties tend to render compromise employee of the right to recover punitive arbitration agreements.” Circuit City decisions. While plaintiffs win more or liquidated damages risks the Stores, Inc. v. Adams, 532 U.S. 105, 111 often in the arbitral setting, the average (2001). Congress’ purpose for enacting award tends to be smaller than that the FAA was “to reverse the longstanding rendered in the courts. Employers should judicial hostility to arbitration also consider whether adopting an agreements.” Gannon v. Circuit City arbitration agreement would actually Stores, Inc., 262 F.3d 677, 679 (8th Cir. encourage employment-related disputes. DAVID J. BLAIR 2001) (citation omitted). Thus, the FAA I Overreaching: Prohibiting class or establishes a “liberal federal policy collective actions. Neutral Arbitration & Mediation Services favoring arbitration agreements.” Moses It is not uncommon for an employee H. Cone Mem’l Hosp. v. Mercury Constr. who has signed an arbitration agreement Corp., 460 U.S. 1, 24 (1983). It applies to ignore the obligation to arbitrate and 712-225-2323 both in federal courts and state courts, as commence an action in state or federal [email protected] Congress intended the FAA to preempt court. The employee typically argues that www.blairadr.com all state anti-arbitration laws. Circuit City, the agreement is invalid because it is 532 U.S. at 122. unconscionable. Whether an arbitration Iowa law is far less friendly to agreement is valid is a matter of state

THE IOWA LAWYER June 2006 53 decisions. In Ignazio v. Clear Channel Broadcasting, (OH Ct. App. Tribute dinner honors Streits’ willingness to give back 12/16/2005), the court concluded that an arbitration provision was A tribute dinner held the end of April hon- Cancer Society as chairman of its unenforceable. In Ignazio, the employer ored Gary and Susie Streit for making a differ- national board of directors, a job that attempted to modify the standard of ence in the regional, national and international took both Streits around the world. review. The court held that in so doing, world by their good works. The dinner took Susie Streit’s volunteerism includes serving the employer rendered the agreement place at the Cedar Rapids Country Club. on many boards such as the YMCA, Junior unenforceable. The court reasoned that Cedar Rapids is not the only beneficiary of League of Cedar Rapids and the Catherine the agreement would not be considered the time, talents and treasures of the Streits; McAuley Center. She gives her time as a lay an arbitration agreement under Ohio law their good works have made life better for Eucharistic minister to Christ Episcopal Church because any decision rendered pursuant many, according to a brochure describing the and is also a member of the adult choir, a lay to the agreement would not be “final, tribute dinner. Gary Streit, a member of the law reader and the mainstay of a long-running binding, and without any clarification or firm Shuttleworth and Ingersoll, PLC, has weekly Bible Study for women. Susie also HE B condition. . . .” worked on behalf of The Iowa State Bar serves as an on-call chaplain for St. Luke’s T AR D I Failing to respond to a demand Association, Cedar Rapids Area Chamber of Hospital, a volunteer job she has done forN 10 Commerce, Priority One, the Greater Cedar years. for arbitration. U Even with a valid and enforceable arbi- Rapids Community Foundation, Xavier All proceeds from the event went to benefitO

Foundation, Rotary Club of Cedar Rapids, the Education Fund at Planned ParenthoodR of tration agreement in place, employers

United Way and much more. East Central Iowa. A manage to create problems for them- Most recently, Gary served in the highest- selves by either ignoring demands for ranking volunteer position in the American arbitration or waiting too long to invoke an arbitration provision. In Brown v. Dillard’s Department Store, 430 F.3d 1004 (9th Cir. 2005), the Ninth Circuit extirpation of the entire agreement or I Overreaching: Imposing costs. Court of Appeals held that an employer at the very least a severance of the As a rule of thumb, most employment was estopped from compelling limitation clause. See Booker v. Robert lawyers advise employers to include arbitration because it had earlier refused Half International, Inc., 413 F.3d 77 in an arbitration provision a standard to participate in the arbitration process. (C.A.D.C. 2005). fee-shifting provision patterned after that The plaintiff in Brown filed a notice of I Overreaching: Adopting an contained in Title VII. A failure to do so intent to arbitrate under the employer’s abbreviated statute of limitations. risks the agreement being considered “fairness in action” ADR program. Brown Once again, whenever an employer unenforceable. In Faber v. Menard, Inc., paid her share of the fee and filed a attempts to take advantage of arbitration 367 F.3d 1048 (8th Cir. 2004), the notice of intent with the American and limit an employee’s rights or Eighth Circuit of Appeals held that an Arbitration Association. When she failed remedies, it risks a court concluding that arbitration agreement would not to receive a response, Brown contacted the provision is unconscionable. In necessarily be considered invalid simply Dillard’s legal department and ultimately Al-Safin v. Circuit City Stores, 394 F.3d because it had a fee-splitting provision. received no response to her claim. Brown 1254 (9th Cir. 2005), the court held that The court warned, however, that the then filed suit in the Los Angeles County an arbitration clause in an employment trial court should look at the actual Superior Court. The employer removed agreement was unenforceable because, anticipated cost of litigation and the the case to federal court and moved to among other things, the agreement financial wherewithal of the Plaintiff in compel arbitration. The Ninth Circuit imposed a one-year statute of limitations order to determine if, in any particular held that Dillard’s could not on all claims and, therefore, reduced the case, the fee-splitting procedure would compel Brown to honor an arbitration remedies available to the employee. have the effect of discouraging the agreement because it was itself in Plaintiff from pursuing arbitration or material breach of the agreement for essentially denying access to the forum. failing to respond to her demand Faber, 367 F.3d at 1054. Hoffmann Law Firm, PC to arbitrate. I Overreaching: Modifying the I Waiver and estoppel – Failure to be standard of review. aware of the program. Mediation Sometimes lawyers can be criticized for Mora v. Abraham Chevrolet, (FL Ct. Michael R. Hoffmann being “too clever.” Where, for example, App. 9/21/2005) points out some of the Amy M. Hoffmann an arbitration agreement is drafted such pitfalls when a lawyer defends an action Practicing primarily in that an employer attempts to give a Workers’ Compensation and is unaware of an ADR program. The reviewing court more flexibility in plaintiff in Mora filed a public policy overturning a “rogue” arbitration 515-270-8899 wrongful discharge claim. The lawyer decision, it may render the entire defending the employer didn’t know the [email protected] agreement unenforceable. The FAA plaintiff was a party to an arbitration www.hoffmannlawfirm.com and Iowa Code Chapter 679A set forth agreement. He filed an answer and a standard of review of arbitration 54 THE IOWA LAWYER June 2006 engaged in discovery. It was not until two and, once implemented, jealously and into question at some point. Employers months later that the lawyer learned of aggressively guarded. An arbitration and lawyers representing employers the ADR program and moved to agreement, to ensure enforceability, should be wary of traps for the unwary compel arbitration. The trial court should essentially guarantee the or uninitiated. thought there was no intentional waiver employee the same rights and remedies * Frank Harty is an attorney with Nyemaster, of the right to arbitrate because the as exist under the law. Drafting a Goode, West, Hansell & O’Brien, P.C. in employer’s attorney moved to compel binding and enforceable arbitration Des Moines. He has practiced labor and arbitration shortly after learning of the agreement is not for the faint of heart. employment law for more than 20 years. He agreement in the discovery process. Unlike many agreements which may has seen the use of ADR develop from traditional interest and grievance arbitration to the adoption However, the Florida Court of Appeals be drafted and never tested, an ADR of ADR programs governing the non-unionized held that the employer was “legally agreement will almost certainly be called workplace. charged” with knowledge of the terms of the agreement and that failing to invoke the agreement at the commencement of litigation constituted a waiver. I Waiver and estoppel – undue delay. Sometimes employers are tempted to “keep all their options open” by vaguely referring to an arbitration provision in an answer but proceeding in litigation. This is a dangerous gambit. In Robinson v. Food Service of Belton, (D. Kansas 7/11/2005), the court held that the employer had waived its right to compel arbitration where it waited 10 months after suit was filed. The employer argued that it had mentioned the arbitration agreement as an affirmative defense in its amended answer. The court concluded that this may have indicated that the defendant considered that the plaintiff had the right to arbitrate, but did not Canadian Consulate visit – Members of the Canadian Consulate (from left) Rodrigo Cintra, indicate intent on the part of the trade commissioner; Kim Perry Butler, consul general; and Rick Savone (far right), deputy defendant to do so. consul general and senior trade commissioner, recently paid a visit to Mark Schlenker, I Drafting a bad choice of law provision. honorary consul for Germany and France in Iowa. As an honorary consul, Schlenker Employers need to be especially assists government professional staffs from other countries who visit Iowa, among other cautious when drafting an alternative duties. The visit by the Canadians at ISBA headquarters was mainly a fact-finding mission dispute resolution agreement. It is to determine what an honorary consul does, Schlenker says. As an honorary consul for extremely dangerous to include standard Germany and France, he helps visitors if they need assistance with, for example, pass- “boilerplate” language. For example, ports or medical matters. He also helps with trade questions, and escorts trade delega- while the FAA strongly endorses tions, depending on the level of importance, when they are in town. arbitration in the employment context, Iowa’s arbitration provision excludes employment agreements. Thus, where an arbitration agreement is drafted without a reference to the FAA and the agreement includes a choice of law provision designating Iowa law as the governing law, the employer runs the Litigation Support | Corporate Services risk of the entire agreement being held to be unenforceable. See, e.g., Walther v. Sovereign Bank, 872 A.2d 735 (MD 2005).

Conclusion The decision to adopt an arbitration policy should not be taken lightly. Once Pro Copy | 455 SW 5th Street, Suite A | Des Moines, IA 50309 | 515.243.1891 | 1.888.243.1891 implemented, the arbitration policy should be thoughtfully considered Pro Copy | 8710 F Street, Suite 128 | Omaha, NE 68127 | 402.341.6400 | 1.888.341.6400

THE IOWA LAWYER June 2006 55 On Shutting It Out By Hon. Robert J. Blink* Each morning at eight the floodgates care. How paradoxical. Over the years I briefcase and a lot more. open. The tide of lawyers rolls in bearing have watched her represent countless For the rest of the day I looked at every sheaves of routine orders to be signed. But grandmothers in similar circumstances in other lawyer who entered our courtroom this morning there was only one, a fastidi- juvenile court. and wondered what personal challenges, ous woman. With never a hair out of place, With the click of the latch, the court- tragedies or distractions lay hidden in their nor a word out of order in her pleadings, room door closed behind her and I was lives. Of all the tools in the lawyer’s tool- her aspect was always cheerful. Even her transported to a criminal courtroom six box focus is the most important. occasional sardonic comment about the years ago. Standing before me was a young Regardless of personal issues, many of nature of our work rarely came without a man, not yet twenty, pleading guilty to which are similar to those of their clients, smile. felony possession of drugs. In the glove lawyers have the ability to put their full She placed her briefcase on counsels’ compartment of his car was a loaded hand- energy into the needs of others. Their table, removed her document and gun. Despite plea-bargaining, prison minds are so disciplined that they subli- approached the bench. With each step, loomed in his future. mate their own lives, not allowing their her face changed. Her eyes began to well Again the courtroom was virtually empty. wants, needs and fears to take them “off with tears, until standing right before me, One man sat in the gallery – in the pew task.” It is called being selfless. she snatched a Kleenex and dabbed her farthest from the defendant and his lawyer. Once in a great while the barrier, eyes. Apologetic and clearly embarrassed, He wore a navy suit and a briefcase rested between what makes them who they are she could not stem the flow that reddened beside him. He did not speak nor utter a and what they do for a living, springs a her eyes and threatened to smudge her sound. The defendant was his son. leak. And that’s okay. They usually plug it carefully applied makeup. I might not have noticed him but for the in short order or a friend helps them do “Are you alright?” I asked – a clearly slightest movement of his shoulders as he so. It is reassuring to know they feel the rhetorical question. Her words spilled out sobbed in silent despair, love and disap- human experience – just like their clients. as rapidly as the tears. She had never pointment. How many times had I seen Next time you are in a courtroom won’t expected to be a grandmother in her for- him standing where the defendant’s lawyer you wonder, just a little, what else is on the ties but a teenage son had fathered a child. now stood – making the same arguments mind of your opponent (or the judge) No sooner had she reconciled herself to for his criminal clients? besides the case? Of course. What makes that twist of life than she received an omi- The tide became a flood. An auburn- you a lawyer is knowing that, as important nous telephone call. Her two-week-old haired lawyer placed her client’s income as that is, the client comes first. You flip a grandchild had been removed from the withholding order before me. I cannot see mental switch, close a shutter in your mother’s care by the Department of her without asking about her husband. He mind, and do your duty. What makes you Human Services. The blood sample taken is spending the next year and a half in truly human is remembering to throw at birth revealed the baby had cocaine in harm’s way in the military. She is trying to open that shutter and care about the other his little body. hold down their law practice and raise the lawyer – as a person –when the time is The lawyer-mom-grandma hastened to children alone. Soon the kids won’t be right. complete her paperwork in our county so able to talk with their father via Internet Maybe that’s why courthouses have hall- she could rush to the removal hearing video link – increased security require- ways – and lawyers walk together on fair- (before a friend of mine) 40 miles away in ments, says the government. In between ways. hopes of having the baby placed in her trials she has finally relented and pur- chased a minivan. The oldest child hugs *Judge Blink sits on the District Court (5C) her father’s empty shirt. I signed the order. bench and is a frequent contributor to The Iowa Lawyer. She left the courtroom shouldering her

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56 THE IOWA LAWYER June 2006 CLASSIFIED ADS

commensurate with experience. Please send PUBLISHER’S NOTE letter, resume, transcript and references to E-mail submissions to the CLASSIFIED ADVERTISING section are requested. They save Dennis Johnson at Dorsey & Whitney LLP, keystrokes, thus cutting down on our production time, and help to assure accuracy. 801 Grand Ave., Suite 3900, Des Moines, Iowa 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 50309. All submissions held in confidence. No practice receives two free insertions annually. Corporate and government attorney members telephone inquiries please. www.dorsey.com of the association receive the same free privileges for their business, non-employer-related (8-06) ads. If you have questions, call Steve Boeckman at 515-243-3179. E-mail your copy to [email protected] ATTORNEY WANTED – Western Iowa The number appearing in parentheses after each ad is not a box number. It indicates the general practice firm seeking attorney. date the ad will be pulled from the magazine. (TF) indicates the ad will run until we receive Experience preferred, but not required. instructions to pull it. Deadline for submissions is the first of the month prior to the month of publication. Should expect to engage in the general COMMERCIAL ADVERTISERS: practice of law, with emphasis on litigation, Contact Shannon Espenscheid, 641-474-2280 or David Larson, 515-440-2810. criminal law, and family law. If interested, send resume and cover letter to Robert L. Brink, Brink & Sextro LLP, 40 North Main, Denison, IA 51442. (7-06) Positions Available ASSISTANT COUNTY ATTORNEY – The Office of the Webster County Attorney is EXPERIENCED ATTORNEY – Iowa City ATTORNEY – HELP Legal Assistance in accepting applications for a full-time Assistant AV-rated law firm seeks an attorney with Davenport has an opening for a staff attorney County Attorney. Salary $40,000 to $50,000 three to fifteen years experience in general to provide legal assistance and community depending upon experience. Prosecution practice. Salary is commensurate with experi- legal education to low-income and senior experience preferred, but will consider recent ence. Please forward confidential resumes to clients in priority areas involving basic human law school graduates. Must be licensed to Randy Willman, Leff Law Firm, L.L.P., 222 S. needs. Salary is DOE, excellent benefits. practice law in Iowa. Position will remain Linn Street, Iowa City, Iowa 52240. (7-06) Submit letter of application, resume, recent open until filled. Send resume to: Webster representative writing sample and at least County Attorneys Office, Attn: Pam Passow, LEGAL ASSISTANT – One (1) full time three professional references to: Executive Law Enforcement Center, 702 1st Avenue Judicial Legal Assistant position available Director, HELP Legal Assistance, 736 Federal South, Fort Dodge, IA 50501. Phone: for the Eighth Judicial District with office Street, Suite 1401, Davenport, Iowa 52803. 515-573-1452; Fax: 515-573-1468. (8-06) location in Des Moines County (Burlington, EOE. (8-06) IA) Please view full details on our website at: ASSOCIATE ATTORNEY, LITIGATION – http://www.judicial.state.ia.us/ ATTORNEY WANTED – AV-rated Sioux City The Des Moines, Office of Dorsey & Whitney courtadmin/career EEO/AA (7-06) firm is seeking a highly motivated attorney to LLP has an opening for a full-time litigation work in the areas of workers’ compensation associate with 1-3 years of experience. A and civil litigation. All inquiries will be kept strong academic performance and confidential. Please send letter of interest and excellent writing skills are required. Salary resume to: Hellige, Frey & Roe, R.L.L.P., P.O. box 1828, Sioux City, Iowa 51102. (8-06)

STAFF ATTORNEY – ACT, Inc., a recognized leader for providing assessment and information services for education and business, is seeking an attorney to provide advice and counsel regarding a wide range of legal matters including contract review and negotiation, intellectual property protection, and general corporate legal issues. Requirements include a Juris Doctor degree and a license to practice law in the state of Iowa, plus 3 to 5 years of experience in the practice of law. Candidates must possess excellent verbal and written communication skills. Prior experience working in a corporate law department is preferred. For more information about this position and how to apply, visit the employment page of our website (www.act.org/ humanresources) and click on the position listing. ACT is an Equal Opportunity Employer and values diversity in people and ideas. (7-06)

THE IOWA LAWYER June 2006 57 CLASSIFIED ADS

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58 THE IOWA LAWYER June 2006 CLASSIFIED ADS assistance creates a debt due the department Hawaii Volcanoes National Park, and visit Institute (ANSI) – American Society of from the individual’s estate for all medical the rain forests with tropical plants, plunging Testing Materials (ASTM) – Underwriters assistance provided on the individual’s behalf waterfalls and exotic wildlife. This condo is Laboratories (UL Standards) – American for those recipients 55 years of age or older available July 22-29, 2006 for $250/night. Society of Refrigeration Engineers or a resident of a facility. The personal Call Scott Hartsook, 515-274-4689. (7-06) Association (ASREA) representative or executor may be held • Usual and Customary practices personally liable for the amount of medical Safety – Owner – Contractor relations assistance paid on behalf of the recipient if a Experts Undocumented agreements / Change distribution is made without having executed Architecture and Construction Expert orders / Cost overruns the obligations pursuant to section 633.425. Witness – Architect, and Contractor, 34 years Workmanlike craftsmanship – For further information, contact: Ben experience. Available to assist plaintiff or Construction methods Chatman, 877/463-7887, 515/725-1005, defense attorneys. Specializing in: Licenses, Affiliations and Memberships: www.iowa-estates.com. (SE) • Building Codes Architectural Licenses: Iowa, Nevada, Uniform Building Codes (UBC, UMC, Indiana – National Council of NOTICE CRIME VICTIM UPC, UEC, UFC) – Americans with Architectural Registration Boards COMPENSATION SUBROGATION. Disabilities Act (ADA) – OSHA – (NCARB) – International Conference of Do you represent a client who has received International Building Code (IBC) – Life Building Officials (ICBO) – Iowa medical benefits, lost wages, loss of support, Safety Code (NFPA 101) – Council of Association of Building Officials (IABO) – counseling or funeral and burial assistance American Building Officials(CABO) National Safety Council (NSC) – from the Crime Victim Compensation • Industry Standards Iowa/Illinois Safety Council (IILSC) – Program of the attorney general’s office? American Institute of Architects (AIA) – National Fire Protection Association When your client applied for compensation Associated General Contractors (AGC) – (NFPA) benefits, a subrogation agreement was signed National Fire Protection Association John G. Kujac, NCARB • 515-795-4001 (SE) pursuant to Iowa Code section 912.12 (1995). (NFPA) – American National Standards The attorney who is suing on behalf of a crime victim should give notice to the Crime Victim Compensation Program upon filing a claim Please keep the ISBA in mind so your membership on behalf of the recipient. The Crime Victim benefits will continue uninterrupted. Most importantly, Compensation Program will pay a prorated MOVING? share of the expenses incurred in obtaining a we need your new U.S. Mail address(es) and e-mail judgment or verdict. Questions? Contact Rob address as soon as you know them. Wheeler, Program Administrator, Crime Victim Assistance Division, 515-281-5044. (SE) If you subscribe to the Bar’s e-mail forwarding service Personal (you have been assigned an XXXXXX@ iowabar.org address), please send us the new e-mail address quickly so we can continue that service, too. E-mail all of your updated information IF DEPRESSION, STRESS, ALCOHOL OR DRUGS are a problem for you, we can to [email protected] help. We are a non-profit corporation offering attorneys free help in a totally confidential relationship. We are the Iowa Lawyers Assistance Program. Under order of the Iowa Supreme Court, all communication with us is privileged and private. Our director is a former lawyer, a recovering alcoholic and drug addict. He is a trained substance abuse counselor and an Employee Assistance Professional (EAP). We cannot help unless you call – 515-277-3817 or 800-243-1533 – or message (in confidence) [email protected]. All you have to do is ask us to contact you. No other details are necessary. We will call you. The Iowa Lawyers Assistance Program also can provide speakers for local bar associations. Just ask. (TF) Vacation Rental SIX PEOPLE CAN ENJOY a fabulous two-bedroom condo on the Big Island of Hawaii. The Kona Hawaiian Resort is just south of Kona, which provides restaurants, shopping and nightlife without the hustle and bustle of Honolulu. See lava tubes, craters, steam vents and flowing lava at THE IOWA LAWYER June 2006 59 Lawyer by Day, mountaineer by night — Steve Lombardi ascends mountains to recharge himself for trying legal cases By Danielle Olson, Public Relations Intern

vinced him to see a specialist, it took the caught his attention and captivated him. doctors less than half an hour to diagnose He says, “It was in 1998 that I actually his cancer,” Steve says. started to think I could climb one of these He explains there were discussions mountains, and then I read a book about a about whether or not the family doctor woman from Colorado, Margo Chisholm, had committed malpractice. His family who had climbed the seven summits.” Her had never hired a lawyer so nothing was book, “To the Summit” inspired him to ever done. give it a try. “Having grown up without a father was Steve learned where the summits were, very difficult. I could see that people who researched each one and eventually were in similar situations probably needed applied online at Alpine Ascents legal help from someone who understood International, a guiding service out of their plights,” he says. Seattle, to climb Mt. Kilimanjaro in Photographs of breathtaking mountain- Years later gravity pulled at him again. Tanzania. tops, giraffes peaking through canopies Steve had been searching somewhat for In 2000 he first visited Kilimanjaro, and and crisp white clouds in deep blue skies something different to delve into as a it was on that expedition that Steve con- fill the walls of Steve Lombardi’s office at hobby. For two years he began spending fessed he was completely absorbed into the Lombardi Law Firm in West Des Moines. time at a working ranch in Wyoming and entire idea of mountaineering. He loved The images are as vivid as one would nor- Montana while seemingly on “vacation”. the idea that a group of people could mally see only in a book. “I rode horses for a week or two without move as a unit over a number of days high- “Photography is a love of mine; I’m sort any cell phones or computers. No buzzing er and higher in elevation where it gets of an impassioned hobbyist when it comes and no ringing... no nothing. I really liked more and more difficult because of physio- to my photography,” says Steve when asked that I could get away from all this buzz we logical and environmental conditions. about his collection. He explains where have at the office and really enjoyed myself “It was so much different than the prac- each photograph was taken, listing places with some hard work,” the attorney says. tice of law, as far as trial work goes, it just such as Mont Blanc du Tacul in the It was during this time at Christmas he sucked me in,” the attorney says. “Walking French Alps, the Matterhorn in the Swiss was given the book, “Into Thin Air: A above the clouds is both breathtaking and Alps and the Mt. Everest base camp. He Personal Account of the Mt. Everest exhilarating.” also has photographs from walking and liv- Disaster,” by Jon Krakauer. Steve explains how mountaineering, ing for three days with the Maasai in Steve says, “As I was reading this book I unlike rock climbing, has little involve- Africa. The photographer also shares his thought to myself that Krakauer was lying ment with ropes, pitons and belaying. It hobby with others by sponsoring two pho- to me, that he wasn’t telling the truth.” mostly consists of keeping a mountaineer’s tography divisions annually at the Iowa Steve says his gut told him as a trial lawyer, feet on the ground but moving an entire State Fair. that he should learn everything about camp together and then progressing to the However, it’s not Steve’s love for photog- mountaineering to see if Krakauer was next camp at a higher elevation using raphy that pulls him to such far and telling the truth to his readers. Or, was Jon “sherpas” and “porters”. unique destinations but his dedication to Krakauer just massaging a guilty con- “Sherpas are a group of people from his hobby of mountaineering. science? Nepal who are indigenous to the Just as he starts to explain his pull “I read every single book by every Himalayas. They are the muscle that helps toward mountaineering, he talks about a climber who came off of the 1996 Mt. carry or transport all the provisions and similar pull that brought him to the prac- Everest expedition alive and who later gear a mountaineer needs from one camp tice of law. wrote a book about the experience. But, to the next,” Steve says. At a young age, Steve’s father died of while reading these books, I began to Sherpas, unlike porters, use yaks and lung cancer. He says he believed the expe- learn a new language because everything naks in order to move the gear up the rience of growing up with four brothers was written in mountaineering terms,” he mountain. They rarely carry anything, and sisters and without a father is what led says. It opened a world he had previously although they are very strong. Porters are him to the practice of law. been unaware of. indigenous to Africa and carry everything “For several years our family doctor had Steve learned about different moun- on their backs or on top of their heads. told my father he had a pulled muscle in taineering styles, weather conditions, logis- He explains that when beginning a trip his back, when in essence he had cancer tical support, topographical maps and at the base camp, there could be 100 dif- growing. By the time my uncles had con- much more. This was a new world that ferent porters wanting to help carry equip-

60 THE IOWA LAWYER June 2006 e himself for trying legal cases

ment. A group of three mountaineers retain fluid, and unless you go would need approximately eight or nine down, you end up drowning in

sherpas and porters. your own fluid,” the attorney “It’s a little bit of politics of knowing says. who is cooperative and who is going to be Steve first overcame this able to do the work they say they will. It’s obstacle by traveling to Winter also partly brawn; who is young enough Park, Colorado for a week and who is strong enough to carry the before mountaineering trips. goods up the mountain,” Steve says. He would spend days walking Having the right sherpas and porters is and running from the base to important, but unless the mountaineer has the different summits on foot prepared for the trip physically and men- with modified crampons tally, the mountain will send him or her strapped to his boots while right back down. skiers passed him on their way The first time Steve attempted to climb down. But, the highest point Kilimanjaro he developed high altitude he was able to reach at Winter New England native Steve Lombardi plies his way through the pulmonary edema, or what is referred to Park was only 12, 000 feet; that necessary paperwork in the office of his busy law practice in as HAPE. was helping but not fully accli- West Des Moines. He has found that “walking above the clouds,” He says, “HAPE is when your lungs fill matizing him. among other things, is an invigorating way to recharge himself for the practice of law. up with fluid and the only treatment is to Three years ago he found a go back down the mountain. You can not company called Go2Altitude. climb a mountain when your lungs are fill- The company has designed a machine, a ing with fluid.” hypoxicator, which simulates the oxygen The reason Steve developed HAPE level a mountaineer would receive at when he originally started mountaineering 18,000-plus feet. The newest model simu- was because in Des Moines a person is lates up to 29,000 feet. essentially at 600 feet above sea level. “You’re sitting in your living room When a mountaineer reaches 18,000 feet breathing air like you would at 18,000-plus the oxygen pressure is one half of what it is feet. It’s very low pressurized air that’s had at sea level. most of the oxygen taken out. I could do “Living in Des Moines does nothing to everything in my own living room in West acclimatize the human body for higher Des Moines that I was doing in Colorado altitudes. Your lungs don’t know what to or in the Himalayas to prepare for a trip,” do and as a result they begin to carry and says Steve.

THE IOWA LAWYER June 2006 61 an incline trainer, which is similar to a tread- he says. “As an attorney you have a whole mill but inclines up to 50 degrees and often bunch of peaks which are trials you’ve just wears a backpack he fills with thirty to sixty tried, and in the end no one remembers pounds of bricks and sand for resistance. one specific case probably. What they Since the start of Steve’s hobby, moun- remember is how you governed yourself taineering has taken him to Mont Blanc de overall from the first day you started prac- Tacul in the French Alps, the Matterhorn in ticing until the last, and everything in the Swiss Alps, three times to Mt. between is similar to little mountain peaks Kilimanjaro in Africa and to the Mt. Everest along the way.” Base Camp in the Himalayas of Nepal. The busy trial attorney and father of The trial attorney explains that through four adult children and a grandfather of his experiences of mountaineering he has two tries to make time for at least one realized the practice of law is very similar mountaineering trip a year. Steve also to his hobby. Even though attorneys have makes time to guest speak at the Walnut clients with opposing points of view and Creek Alternative High School and in pre- interests, there still has to be a team effort vious years has coached soccer, taught con- to move the case along, just as a moun- firmation and been the presiding judge at taineer moves up the mountain. Drake Mock Trial competitions among He says, “Climbing teaches us that even other things. though we’re all on the mountain individu- Between Steve’s family, his friends, the Steve and his nephew celebrate having reached the ally we’re all trying to move up as a group. practice of law and mountaineering his life top of Uhuru Peak in Tanzania last February (top We have ethics on the mountain just as we is always busy producing new interesting photo). They take a sit-down break enroute to their have ethics in the practice of law.” experiences and memorable photographs destination (bottom photo). Mountaineering is very Steve says mountaineering has allowed to be placed on a wall to share with others. similar to the practice of law, he says. It takes a 05ONteam IC to reachReynolds&Reynolds.ps the top just as it takes a team to - him3/13/2006 to not sweat the10:59 little things AM so much on and off the mountain. Members of the task force responsible for selecting move a case along. candidates for the series are asking for help. If “You get prepared and you do what you you know someone who is an outstanding lawyer Along with training on the hypoxicator, have to do; you ignore the little stuff as and volunteer, please submit his or her name to: Steve also devotes himself to a rigorous much as you can but focus on the main James R. Van Dyke, 225 E. 7th St., P.O. Box workout routine when preparing for a goal which is to get this case tried or to get 486, Carroll, IA 51401-08223; phone: mountaineering trip. He uses things such as to the top of the mountain in once piece,” 712-792-9734; e-mail: [email protected]. “Our people make the difference”

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