THE L AW Y ER IOWADecember 2019/January 2020 V 79 N 11
CREATIVE SOLUTIONS FOR BETTER WORK-LIFE BALANCE p. 7 FDA. USDA. EPA. We’ve Got It Covered. McKee, Voorhees & Sease provides its clients a level of protection for their products that is unlike any other in FDA, USDA, and EPA regulatory and product development industry. In a regulated environment, careful coordination of intellectual property and regulatory strategy from initiation through post-launch is critical for successful product development & commercialization.
Intellectual Regulatory: Business Product Property Local, National, Global Development Development
• Freedom to Operate • Analyzing • Startups • Project and • Patents & Trade Requirements • Funding Portfolio Secrets • Regulatory Data • Collaborations and Management • Licensing Package & Joint Ventures • Risk Assessment • Patent Exhaustion Approvals • Mergers & and Mitigation • IP Enforcement • Stewardship Acquisitions • Launch and Post- • Compliance Launch Planning
For more information regarding regulatory, IP and product development law, please visit our website or call (515) 288-3667 and ask to speak with Cassie Edgar, Chair of the Regulatory & Product Development Law practice group.
Your Worldwide IP Partner Since 1924™
PATENTS • TRADEMARKS • COPYRIGHTS • REGULATORY LAW TRADE SECRETS • ENTERTAINMENT LAW • LICENSING • LITIGATION The official publication of The Iowa State Bar Association.
EDITORIAL TEAM Editor-in-Chief General Inquiries Melissa Higgins 515-243-3179 515-697-7896 [email protected] [email protected] Copy Editor Steve Boeckman 515-697-7869 [email protected]
THE IOWA LAWYER (ISSN 1052-5327) is published monthly, except for the combined December-January issue, by The Iowa State Bar Association, 625 East Court Ave., Des Moines, IA 50309-1904. One copy of each issue is furnished to association members as part of their annual dues. Non-member subscription rates are $40 per year. Periodicals postage paid at Des Moines, Iowa. POSTMASTER Attorneys David Albrecht and Amy Beck pose Send address changes to The Iowa Lawyer Magazine, with their newborns Eloise and Will. Both 625 East Court Avenue, Des Moines, Iowa, 50309-1904. attorneys practice at the Fiedler Law Firm in Members can contact the membership department Johnston and have been able to bring their babies to work as an extension of the firm's parental to change their addresses by emailing leave policy. Read about their experiences as [email protected]. new parents, and why the ISBA Young Lawyers Division is encouraging more law firms to take PRINTER a second look at their parental leave policies, beginning on page 7. The Iowa Lawyer Magazine is printed by Colorfx, 10776 Aurora Avenue, Des Moines, Iowa, 50322. Telephone 515- 270-0402. Design and Production: Mittera Creative. Volume 79 ADVERTISING Number 11 CLASSIFIED. Qualifying ISBA members receive two free December 2019/January 2020 non-job listings annually as a member benefit. Members should contact the ISBA Communications Department for ad placement: [email protected]. For Career Center postings, visit http://careers.iowabar.org/ DISPLAY. Display advertising in The Iowa Lawyer Mag- azine is handled by Larson Enterprises, 909 50th Street, West Des Moines, Iowa, 50265. For display advertising and CONTENTS non-member classified ad rates, contact Alex Larson at 515-238-4406 or [email protected]. SPECIAL TRIBUTE FEATURES COLUMNS SUBMISSIONS • Freedom to Operate • Analyzing • Startups • Project and Patient One — Mental The Iowa State Bar Association seeks to publish original Remembrances of Chief 14 Transitions 4 Justice Mark Cady health and the Criminal 20 • Patents & Trade Requirements • Funding Portfolio articles that advance the education, competence, Secrets • Regulatory Data • Collaborations and Justice System Management ethical practice and public responsibility of Iowa 21 In Memoriam • Licensing Package & Joint Ventures • Risk Assessment lawyers. Members are encouraged to submit articles COVER STORY Get to know Jeff Wright, and manuscripts to the editor for possible publication. 18 the State Public Defender • Patent Exhaustion Approvals • Mergers & and Mitigation Submissions should be no longer than 1,500 words, Kudos: Mock Trial Babies at work — Attorney 22 • IP Enforcement • Stewardship Acquisitions • Launch and Post- although exceptions can be made. Footnotes should be 7 parents look for creative 27 A dash of data • Compliance Launch Planning kept to a minimum. Include a short bio of the author(s) solutions to achieve better security, a sprinkle of CLE Calendar and professional photo(s) when submitting. NOTE: work-life balance secrecy: The recipe for 22 Not all submissions are guaranteed publication. The perfect passwords Disciplinary Opinions editors and bar leaders review all submissions to make The YLD's latest 24 a determination of suitability for publication. Email all 9 endeavor — The Parental submissions to [email protected] in Leave Task Force IN BRIEF 28 Classifieds For more information regarding regulatory, IP and product Microsoft Word format. A recent initiative of the Young Lawyers Division "Fourth Bar" revamp Spotlight on Service: STATEMENTS OR OPINIONS is its Parental Leave 25 30 development law, please visit our website or call (515) 288-3667 Task Force — a group draws big crowd C. Edwin Moore Inn The statements and opinions in this publication are focused on informing the of Court those of the authors and not necessarily those of The membership of the rights and ask to speak with Cassie Edgar, Chair of the Regulatory & and responsibilities of Become a leader in Iowa State Bar Association. Readers should consult young lawyers looking to 26 the ISBA — Section original sources of authority to verify exactness. take parental leave, as well Council and Committee Product Development Law practice group. as providing resources, Advertising in this publication does not constitute templates and support for applications open endorsement of a product or service unless young attorneys across until Feb. 1 the state as they look to specifically stated. implement or improve parental leave policies at YLD mentoring program firms of all sizes. 29 needs additional mentors
Your Worldwide IP Partner Since 1924™ THE IOWA LAWYER 3 DECEMBER 2019/JANUARY 2020 PATENTS • TRADEMARKS • COPYRIGHTS • REGULATORY LAW TRADE SECRETS • ENTERTAINMENT LAW • LICENSING • LITIGATION Features Cady Tribute
REMEMBRANCES OF CHIEF JUSTICE Mark Cady
Iowa Supreme Court Chief Justice Mark S. the court of appeals in 1997 and served until his Cady passed away unexpectedly on Nov. 15 of a appointment to the supreme court. heart attack. Chief Justice Cady was appointed Chief Justice Cady was a member of the to the Iowa Supreme Court in 1998, and the Order of Coif, The Iowa State Bar Association, members of the court selected him as chief justice the American Bar Association, the Iowa Judges in 2011. Association and Iowa Academy of Trial Lawyers Born in Rapid City, South Dakota, Chief (honorary). He also served as chair of the Justice Cady earned both his undergraduate Supreme Court’s Task Force on the Court’s and and law degrees from Drake University. After Communities’ Response to Domestic Abuse and graduating from law school in 1978, he served was a member of the Drake Law School Board as a judicial law clerk for the Second Judicial of Counselors. Chief Justice Cady was chair of District for one year. He was then appointed as an the Nation Center for State Courts Board of assistant Webster County attorney and practiced Directors and President of the Conference of with a law firm in Fort Dodge. Chief Justices. Chief Justice Cady was appointed a district He was married to his wife Becky for 37 associate judge in 1983 and a district court judge years, and together they had two children and in 1986. In 1994, he was appointed to the Iowa four grandchildren. Court of Appeals. He was elected chief judge of
"HE IS ONE OF THE GIANTS AND LEAVES A LASTING LEGACY OF HONOR, INTEGRITY AND KINDNESS. I WILL MISS HIM GREATLY."
—JUSTICE DAVID WIGGINS, NOW SERVING AS ACTING CHIEF JUSTICE
THE IOWA LAWYER 4 DECEMBER 2019/JANUARY 2020 PRESIDENT’S MESSAGE: own contributions while the rest of those in did he like my idea, he said: ‘You have my In November, we lost a great Iowan and the room knew of his involvement in some of full backing. Let's make it happen.’ The chief a wonderful person. Chief Justice Mark Cady Iowa’s most recent landmark decisions. didn't just utter those encouraging words was a man of exceptional qualities, including We as Iowa lawyers greatly benefited from — he backed it up with consistent interest leadership, intellect, conviction, courage, Chief Justice Cady’s service to the state. He in my progress and by ensuring access to compassion, professionalism, civility and was a great friend to the bar. His contributions information and assistance in an effort to graciousness. He was a friend to all Iowans. to the court and his integrity as a leader will reach our goal. That is true leadership.” The chief was a great jurist and educator. have a lasting effect. We will always remember – Justice Susan Christensen He believed in reaching out to the public and his profound contributions that so enriched bringing the courts to the community. He and improved our lives. It is with deep “Chief Justice Cady was a selfless and sought to demystify the law and judicial process reverence that we extend our condolences to dedicated public servant. For almost 40 by arranging to regularly hold sessions of the Becky, Kelsi, Spencer and the entire family. years, he served the citizens of this state as a Iowa Supreme Court around the state. And he – Bill Boyd, ISBA President thoughtful and fair-minded jurist. He was a advocated for greater resources and innovative compassionate man who cared deeply about programs through which the courts might FROM THE IOWA SUPREME COURT: this state, his community, his family, his better serve the people. “Mark had all the qualities you would friends and his colleagues.” The chief took pride in the legal heritage want in a chief justice. He had an outstanding – Justice Christopher McDonald of the state and spoke with passion about past legal mind, he was a strong leader who led by Iowa court cases and the lessons they hold for example, he was deliberative in all his FROM HIS ALMA MATER, us today. He often extolled Iowa’s rich legal decisions and he loved the Iowa Judicial DRAKE UNIVERSITY: history and the personal stories of courage and Branch. As a friend, he was compassionate, “I admired him so much, because his constant commitment behind the making of this history. warm and very personable.” goal was to do the right thing to achieve a On one occasion, he provided an inspiring – Justice Brent Appel fairer legal system in Iowa — not the easy profile of Charles Bradley, a district court judge thing, but the right thing. The state of Iowa from Le Mars, who would not waiver from his “I will miss his gentle, caring manner, his owes him a debt of gratitude for his tireless oath of office, even when he was dragged from eloquence, his words of wisdom. He brought efforts to improve the law and the judicial the courtroom and almost killed for refusing our supreme court to the people we serve system, making the lives of all Iowans better.” to accede to demands of farmers to halt farm throughout Iowa. And he brought his Iowa- – Drake Law School Dean Jerry Anderson foreclosures. The chief talked about the need nice values to lead the chief justices of every for everyone to act with the courage of their other state. His legacy inspires us.” FROM ISBA OFFICERS: convictions and do what is right even when it is – Justice Thomas Waterman “I first met the chief when we were 18-year- not easy to do – a principle Chief Justice Cady old freshmen at Drake University. The chief exemplified himself. “No matter what your job or position or and I lived in the basement level of Drake’s Last year, during a week of celebration of how he came to meet you or whether you first co-ed dormitory with 20 other 18-year- the 150th anniversary of Clark v. Board of agreed with him, he looked directly into your old freshmen men. We had great fun playing Directors, the chief spoke at event after event eyes and saw great value in you. He had a pickup basketball, touch football and playing about the courage of the plaintiff in the case disarming way of tapping his hand on the poker. We all worried about getting drafted as well as the district court judge and the back of your shoulder at the end of a meeting for Vietnam. We even drank a beer or two Iowa Supreme Court justices who ruled that that conveyed simply and powerfully, ‘You (the drinking age was 18 back then). We segregation of schools was unconstitutional matter to me.’” became good friends who confided with each 86 years before the U.S. Supreme Court’s – Justice Edward Mansfield other about life, girls, college and the future. I decision in Brown v. Board of Education. remember confiding with the chief about my At one of the programs, the chief was asked “Not long after I joined the court, I told the desire to become a lawyer. He was leaning about his own role in the advancement of chief I was interested in a particular issue toward that career also. Little did we know civil rights in Iowa. But he humbly shied regarding child welfare issues. His facial that our paths would cross so often in the away from making any comment about his expression told me everything — not only decades to follow.
THE IOWA LAWYER 5 DECEMBER 2019/JANUARY 2020 Features Cady Tribute
I also remember that among the dormitory his legal career in Iowa. Thank you, chief. compassion formed the core of his life. We saw basement dwellers, the chief was considered We will miss you.” it in his court opinions, his warm greetings on special. We all knew him as soft spoken, yet, – Tom Levis, ISBA Immediate the street and carrying his granddaughter out like the old EF Hutton commercial, when Past President of the House Chamber after the completion of Mark spoke, everyone listened. He was super the State of Judiciary address. His wisdom, his smart, but never said a word about how well “Justice Cady served the court, the law and strength and his warmth have been a beacon he was doing scholastically. However, if you the people of Iowa with distinction. He worked of light for all of us.” needed help with your studies, the chief was tirelessly for the people of Iowa. One of the – Skip Kenyon, ISBA Past President always there with his notes and advice. In most important things he did was to take addition, the chief was always the guy who the court on the road. This let Iowans get a “I first met Chief Justice Cady in law school. organized our sporting events, including a greater understanding and respect for the He had just finished hearing oral arguments time when we bought old snow skis at a thrift court and an independent judiciary's role in a at the Iowa College of Law’s Supreme Court store and skied down a big hill near Drake. free society based on the rule of law. Everyone Day. One of my college roommates grew up I have a distinct memory of the chief nearly who appeared in his court was treated with in Fort Dodge and knew the Cady family, so crashing into a tree as he barreled down the dignity and respect regardless of their station I thought it would be a good time to say hello slope. I remember we were all laughing but in life. He lived out his belief in justice for all.” and share that connection. At that time, I secretly worried that he was going to break – Jerry Schnurr, ISBA President-elect didn’t think I would cross paths with the chief his neck! ever again. Who would’ve thought that several Today, as I remember my old friend, “When I think of the chief, this is what I think years later I’d be sitting in his chambers as I can’t help but wonder what Iowa would of first: He quietly and capably shouldered YLD President talking about ways we could be like had the chief hit that tree and died heavy responsibility on behalf of all Iowans, work together to improve the lives of Iowa’s at age 18. Would the thousands of judicial yet never failed to offer a warm smile and kind young lawyers? decisions he made be the same without him? word to every person he met.” Chief Justice Cady is a person we should I doubt it. Would the Varnum decision be – Stephen Eckley, ISBA Past President all emulate. He was humble, loved his family, written so eloquently? Probably not. Without cared for everyone, worked hard at his job and his leadership, would Iowa be the first state “Justice Mark Cady was truly a shining always tried to do the right thing. I cannot in the nation to have electronic filing for star — a man who stood out and guided the thank him enough for always making the time legal matters from traffic tickets to supreme way for many. to hear about the YLD’s priorities and his court briefs? Not likely. Would Iowa have Although we had been friends for years, willingness to find ways to help us meet our the specialty courts that impact the lives of it was while I was acting Iowa State Bar goals as an organization. so many needy Iowans? Again, I doubt it. Association president that I became truly Of course, I’m going to miss seeing his Would the Iowa Supreme Court have been so inspired. He encouraged me to look past intellectual prowess shine in his opinions. But, committed to civil rights? In my opinion, not obstacles, dig deeper and discover ways more so, I’ll miss his confident leadership, without Chief Justice Cady. to improve the Iowa Court System and to his hopeful outlook on life, his warm hugs I am incredibly sad that my friend is improve myself. An authentic leader who held and seeing his face light-up when I asked him gone, but incredibly thankful that he spent himself to the highest standard, kindness and about his family.” – Abhay Nadipuram, ISBA Young Lawyers Division President
IOWA SUPREME COURT TO CREATE LEARNING CENTER IN HONOR OF CHIEF JUSTICE CADY The Iowa Supreme Court announced the initial steps towards creating the Chief Justice Mark S. Cady Learning Center on the first floor of the Judicial Branch Building in Des Moines. Chief Justice Cady was a longtime advocate for civics education, and one of his goals was to create an interactive learning center for all Iowans in the judicial branch building – for the many students and visitors from around the world who want to learn more about the Iowa court system.
The Cady family has asked that memorial contributions be made to The Iowa State Bar Foundation, earmarked for this project. Visit iowabar.org/donations to contribute.
THE IOWA LAWYER 6 DECEMBER 2019/JANUARY 2020 Babies at work
Attorney parents look for creative solutions to achieve better work-life balance | By Melissa Higgins, Communications Director
difficult client. Angry opposing counsel. “It was kind of an expectation – if you A judge who rules against your motion. have a baby, bring it,” said attorney Amy Beck, Lawyer life can be stressful and full of whose son, Will, spent four months as her Acontention. But, there’s a cure-all at the Fiedler office roommate. Parental Leave Law Firm in Johnston. Will was born on July 23, 2019, and after “If you’re having a bad day, there is nothing Beck took her initial paid maternity leave, like a little baby snuggle,” firm owner Paige she began bringing Will to work with her at Fiedler said. Fiedler’s urging. This fall, the Fiedler firm had two babies “Most of this stuff here,” Beck said, pointing who were regulars amongst the office staff. But to the baby items in her office, “actually belongs they weren’t there because of Fiedler’s love of to the firm.” That’s because seven babies of pudgy little cheeks as instant stress relief. attorneys or staff members have spent some “We want to put our money where our of their newborn life at the office, so Fiedler mouth is,” Fiedler said. purchased items like baby seats and cribs to The Fiedler firm primarily represents have on hand. people who need help because they have been fired or discriminated against, often due to pregnancy discrimination or violations of the Family & Medical Leave Act (FMLA), which gives job protection when employees take unpaid leave for qualified medical and family reasons. Fiedler’s firm employs seven attorneys SET YOURSELF (in Iowa and Nebraska) and six staff members. “Putting our money where our mouth is” UP FOR SUCCESS. means offering all employees paid maternity and paternity leave, above and beyond what BUSINESS VALUATION EUbank capital,llc (515)669-0594 any law currently requires. EXPERT WITNESS “Everybody has gotten paid leave since I EUbankcapital. cOM . started my firm in 2001. Currently, we offer LITIGATION SUPPORT SERVICES zach@EUbankcapital cOM eight weeks for mothers who deliver the baby and six weeks for fathers, or those who adopt,” said Fiedler. In addition, she offers as part of her parental leave policy a flexible plan to transition back to work. THE IOWA LAWYER 7 DECEMBER 2019/JANUARY 2020 Features Babies at Work
Another Fiedler firm attorney who recently was totally hands-off,” Albrecht said. transitioned back from parental leave is David Once Beck and Albrecht came back Albrecht. His daughter, Eloise, was born June to work, with babies in tow, they said the 13, 2019. Albrecht was able to take two weeks transition was made easier by a boss who off immediately after Eloise’s birth, saving his personally set the tone for a family-friendly The YLD’s remaining four weeks of paternity leave until environment. Parental Leave after his wife went back to work. “The first day Will was here, he had a “We both had that initial time together, blowout diaper. It was awesome to see my boss, Task Force initiative which I really appreciated,” Albrecht said. this top employment litigator, step right in to “When people say, ‘I went back the next day help. He’s making a mess and she’s in a suit, but The ISBA Young Lawyers Division (after my wife had a baby),’ I don’t see that she handled it like a champ,” said Beck. recently completed a survey of Iowa as a badge of honor. I think, ‘Wow, that’s too They also both said that the staff happily law firms. Based on the data received, bad. You don’t know what you missed.’ To steps in to help cover baby duty when they’re 75 percent of law firms surveyed have not have the ability or choice to stay home is in meetings, but often the babies come to those only FMLA and no paid leave available. very unfortunate from the dad’s perspective,” as well. Only six percent of firms surveyed offer Albrecht said. “I’ve brought my baby into client meetings paid paternity/spousal leave. Albrecht and Beck both say that generous and they are always very happy about it. Because of the overwhelming and flexible maternity/paternity leave policies It’s hard to dislike a baby and it eases their were factors in their decision about where to concerns. Especially in pregnancy-related interest in parental leave issues, the practice, echoing the growing trend amongst cases – they realize we understand what they’re YLD recently created a Parental Leave millennial employees that prioritizes work-life going through,” Beck said. Task Force. In addition to the survey, balance as a necessity of employment. A 2017 Beck says having Will as her daily office this group published a series of articles Ernst &Young study revealed that 83 percent buddy hasn’t slowed her productivity. related to pregnancy and parental of millennials would be more likely to join a “I’m still able to be very productive. More leave, which follow in this issue of company if it offered paid parental leave. so than if I brought him to daycare sooner than The Iowa Lawyer. “It hardens and deepens firm loyalty when I wanted and was worried or stressed about it,” you have someone from the top saying, ‘I am Beck said. invested in you, not just professionally, but That’s how Albrecht sees it too. “Work life “Our next steps will be personally.’ And then to allow you to bring balance isn’t about how many hours am I here encouraging young attorneys your children to work whenever you want or there. It’s if you feel safe in both scenarios. to partner with employers to and support you, 100 percent. That’s huge,” Then you can feel balance. That’s what’s big draft formal, written parental Albrecht said. about this firm – when I’m at home, I don’t feel Parental Leave Albrecht’s daughter was due to be born pressured to be at work. And when I’m at work, leave policies for their firms. right before the high-profile Chris Godfrey I feel comfortable with what’s happening at We want to encourage discrimination trial vs. the state of Iowa, which home. So, I’m overall much happier and more creative solutions, just like the Fiedler firm was brought into late in the productive,” he said. what the Fiedler Law Firm game and resulted in an “all-hands-on-deck” Fiedler recalls when she graduated from scenario for associates. law school in the 1990s many of her female is doing with its policy.” “I didn’t know what to do,” Albrecht said. classmates who worked at big Des Moines firms “But we had a pow-wow, and Paige insisted had no leave policies at all. Or, they would be — Torey Cuellar, YLD President-elect and I still take my time. There was no question. allowed leave, but the firms wouldn’t adjust the Chair of the Parental Leave Task Force And during my leave, there was never any billable hours requirement, making it nearly expectation that I would still be involved. It impossible to take the time. Her experience, however, was different. “I clerked for Roxanne Conlin (a plaintiff’s employment litigator) when I had my second child. She insisted I bring the baby in. MEDIATION AND Everybody in the office helped,” Fiedler said. ARBITRATION SERVICES Fiedler wanted to replicate the same experience for her own associates. All types of Civil Litigation, including: “Solutions like this are so important • Business and Commercial • Construction for women to continue to have an upward • Employment • Intellectual Property • Personal Injury trajectory at their firms,” Beck said. “And it shows we don’t just hold other businesses accountable for following anti-discrimination laws. We’re also showing that, as a firm, we do the things that we’re trying to protect for our clients.”
Michael A. Dee 515.242.2475 • [email protected]
THE IOWA LAWYER 8 DECEMBER 2019/JANUARY 2020 The YLD’s latest endeavor The Parental Leave Task Force
he Iowa State Bar Association Young responsibilities of their employers. These to gather information about existing policies Lawyers Division is focused on fulfilling resources are not meant to serve as legal across the state, lobby employers for more T its mission by finding ways to best advice to our members, but rather as guides aggressive leave policies for all parents and serve its members: Iowa’s newest attorneys. for young attorneys to know their baseline develop additional resources to help employers The Young Lawyers Division recognizes that protections and to best partner with their implement paid parental leave policies. We attorneys should not have to choose between employers to ensure a smooth plan for look forward to what’s to come. advancing a career and starting a family, as parental leave and transition back into the reflected by work-life balance becoming an workplace. They are now all available on Sincerely, increasing priority of young attorneys when iowabar.org/YLDresources (scroll to bottom). selecting a workplace. A recent initiative of This is just the beginning, and we would the Young Lawyers Division is its Parental love your help. The Parental Leave Task Torey Cuellar Leave Task Force — a group focused on Force welcomes any feedback about additional Chair, Parental Leave Task Force informing the membership of the rights and articles and resources that would be helpful for President-elect, ISBA Young Lawyers Division Parental Leave responsibilities of young lawyers looking young attorneys. Together, we will continue to take parental leave, as well as providing resources, templates and support for young attorneys across the state as they look to Following is a series of articles intended to inform practicing young attorneys of implement or improve parental leave policies their basic rights related to parental leave. Subjects include rights under the Family at firms of all sizes. Medical Leave Act, pregnancy and parenthood anti-discrimination laws, workplace The Parental Leave Task Force distributed breastfeeding and pumping rights and regulations and information on short-term a survey to attorneys across the state. Lawyers disability policies. There is also a checklist of considerations to make when selecting from law firms, public government entities, and a workplace or preparing to start a family. other non-profit and for-profit organizations All articles were written by Parental Leave Task Force Members Amy Beck, responded. In looking at all participants’ Torey Cuellar, Halley Ryherd and Mark Van Heukelom. responses, the results showed that more than 52 percent of workplaces do not have a written parental leave policy for employees. More than 80 percent of law firms with fewer than 20 attorneys did not have a written policy in Mediation Attorneys place. About one-half of all survey respondents’ employers did not provide any form of paid leave for parents. Limitations in firm size, work distribution and billing expectations were cited as leading obstacles in implementing parental leave policies. While the Parental Leave Task Force and the Young Lawyers Division recognizes that change can’t happen overnight, we believe Iowa can do better. Richard Kirschman Anjela Shutts Diana Miller Tyler Coe John A. Templer, Jr. Litigation, Business Family Law Family Law Family Law Residential and Commercial and Commercial As its flagship project, the Parental Leave Construction Task Force is pleased to present articles outlining the current rights of employees whitfieldlaw.com Des Moines, Iowa Mt. Pleasant, Iowa seeking to take parental leave and the 515-288-6041 319-385-9522
THE IOWA LAWYER 9 DECEMBER 2019/JANUARY 2020 Features Parental Leave Task Force
similarly prohibits employment discrimination schools, are also obligated to offer Pregnancy and on the basis of gender and pregnancy. FMLA leave. Under this law, pregnancy is classified as a Parenthood Anti- temporary disability and must be treated Am I qualified to receive leave under similarly to other forms of temporary FMLA? Discrimination Laws disability for purposes of health care coverage, Men and women are equally entitled to benefits and other employment matters. take FMLA leave. Employees that qualify for Both federal and state laws provide Iowa employers must provide reasonable FMLA leave must meet three criteria: certain protections against employment accommodations necessary for pregnant 1. They have been employed by a qualifying discrimination for pregnant women and employees to perform major job functions, company for 12 months prior to accessing for women who have previously given birth. unless doing so would pose an undue hardship leave; these months do not have to be to the employer. Iowa employers also must consecutive, but the break in employment Pregnancy Discrimination Act (PDA) not restrict a pregnant employee’s rights to cannot exceed seven years; The federal Pregnancy Discrimination take unpaid leave under federal or state law. 2. Have worked over 1,250 hours in the Act states that employment discrimination Iowa law also requires employers to previous 12 months (averages roughly 24 hours “on the basis of pregnancy, childbirth or provide six to eight weeks of medical leave per week); related medical conditions” is a form of illegal for pregnancy, childbirth and related 3. Be located within a 75 mile radius of at least gender discrimination. This law prohibits medical conditions (even if an employee 50 other company employees employers and prospective employers does not qualify for FMLA leave). This from discrimination against women for medical leave does not have to be paid. How long can I take FMLA leave? pregnancy or maternity-related matters. Qualifying employees may take up to 12 This includes explicit discriminatory policies weeks of FMLA leave in a fiscal year. (such as a prohibition on hiring pregnant Rights Under the women) as well as implicit, unwritten forms What is the process for of discrimination (such as the systematic Family Medical taking FMLA Leave? unfavorable treatment of pregnant women Generally, you must provide your employer or working mothers). The PDA only applies Leave Act (FMLA) 30 days notice of your intent to take FMLA to employers with 15 or more employees. leave; in cases of emergency, employees should Covered employers may not make The Family Medical Leave Act was notify their employers as soon as possible. discriminatory decisions with respect to passed federally in 1993, and mandates that Employers must respond to the request and hiring, promotion or work assignments employers meeting certain criteria make provide the employee with an eligibility notice if for pregnant, potentially pregnant and unpaid, job-protected leave available to they qualify for leave within five business days. Parental Leave formerly pregnant women. As examples, qualifying employees. FMLA leave may be an employers may not require women to give option for you if your place of employment has What life events qualify notice of pregnancy and may not require no formal parental leave plan for the birth or for FMLA leave? women to take time off for pregnancy or adoption of a child. Relevant to the Parental Leave Task Force, childbirth. This law also protects mothers FMLA leave may be taken after the birth of a with young children from workplace Is my workplace obligated to offer me child, or after the adoption or foster placement discrimination relating to the woman’s real FMLA leave? of a child. Both women and men may elect or perceived childcare responsibilities. To fall under FMLA obligations, private to take FMLA, but it must be taken within employers must have at least 50 employees one calendar year of the birth or placement, Iowa Civil Rights Act within a 75-mile radius (if there are multiple and must be taken in an uninterrupted block, The Iowa Civil Rights Act, which applies to locations). Public agencies, such as state and unless the employer agrees to an alternate employers with just four or more employees, federal governmental departments, and public arrangement. In other circumstances, employees may elect to take FMLA leave in instances of serious illness or injury of themselves or qualifying family members.
Andrew B. Howie Can I combine paid APPELLATE LAWYER leave with FMLA leave? According to the U.S. ►Fellow, American Academy of Department of Labor’s Appellate Lawyers ►Fellow, American Academy of Wage and Hour Division, Matrimonial Lawyers “the law permits an employee to elect, or the SHINDLER, ANDERSON, employer to require the GOPLERUD & WEESE, P.C. employee, to use accrued 515-223-4567 paid vacation [email protected] leave, paid sick www.sagwlaw.com or family leave Accepting Referrals for some or all of the FMLA
THE IOWA LAWYER 10 DECEMBER 2019/JANUARY 2020 Features Parental Leave Task Force leave period.” The eligibility notice temporary disability. If you successfully apply An employer-sponsored disability policy provided by the employer must include and qualify for benefits, you may receive a may require you use all of your sick and notice of the right to use paid leave, and if portion of your income for six to eight weeks vacation time before your short-term disability the employer will require you to use paid after you give birth. benefits are paid. If you also qualify for FMLA leave during the requested FMLA period. A short-term disability insurance policy leave time, most employers will require that may be part of your existing taxable benefits you take your FMLA leave at the same time as Will I be paid during my FMLA leave? through your employer. Your employer may the short-term disability leave period. FMLA leave is unpaid, and qualifying also have optional short-term disability plans employees will not be compensated during available through and administered by third leave. However, employers are obligated to party insurance companies. Sometimes your Workplace continue paying their portions of health and employer requires that you work a certain dental insurance carried by the employee. amount of time for the company before you Breastfeeding and An employer’s eligibility notice must qualify for such benefits. You will want to include your right to maintain benefits, check with your benefits administrator or Pumping Rights and detail any premiums to be paid by the human resources manager to determine employee associated with their insurance. if you are already covered or need to elect and Regulations coverage prior to your pregnancy. Even if your employer provides the policy, it is the Generally, large employers are required Short-Term Disability insurance company that decides whether or to give new mothers both time and not you are eligible for short-term space to pump breast milk during the and Parental Leave disability benefits. workday. Employees are not required to be If your employer does not offer short-term compensated for time devoted to pumping. If your employer does not provide paid disability insurance or you would like a parental leave or you do not qualify for different plan, you can purchase your own Federal “Break Time for Nursing FMLA leave, short-term disability may be a policy through an insurance company. Just as Mothers” Law feasible option for a mother who gives birth. it is with other insurance policies, your short- Enacted in 2010, the “Break Time for Short-term disability benefits for the birth of a term disability policy may vary in terms of Nursing Mothers” law is the definitive law child are not available for biological cost, coverage and financial benefit. You also on pumping at work. This law requires em- fathers. likely need to purchase and elect your benefits ployers subject to the Fair Labor Standards Short-term disability before you become pregnant to be covered. It Act (FLSA) to provide basic accommoda- insurance replaces is important to research potential plans and tions for breastfeeding mothers at work. part of your income carefully read the details of each policy. Applicable employers must provide “reason- if you are unable Short-terms disability policies differ for each able break time for an employee to express Parental Leave to work for a short policy, but most do not cover your full salary breast milk for her nursing child for one period of time due while you are unable to work due to having year after the child’s birth each time such to a disability. a baby. A majority of plans cover about two- employee has need to express the milk.” Having a baby thirds of your regular salary. Benefits typically This law does not specify the frequency or is usually begin the day after giving birth, and duration of breaks that a nursing mother regarded may continue for up to eight weeks. may take. as a Complications or health issues Employers must also provide nursing from childbirth may extend mothers “a place, other than a bathroom, benefit payments. that is shielded from view and free from intrusion from coworkers and the public”
Des Moines – Adel – Quad Cities Mediation and Arbitrat ion Services Attorneys specializing in workers’ compensation, civil litigation, and family law cases
E.J. Valerie A. Matthew A. Jane V. M. Anne Jeff H. Karla J. Paul L. Kelly Landis Grotnes Lorentzen McAtee Jeffries Fultz Macek Workers’ Workers’ Workers’ Workers’ Workers’ Civil Litigation Family Law Civil Litigation & Compensation Compensation Compensation Compensation Compensation Family Law
Our offices are available with Wi-Fi, convenient free parking, and accommodations for large mediations Phone: (515)-244-0 111 www.hhlawpc.com
THE IOWA LAWYER 11 DECEMBER 2019/JANUARY 2020 Parental Leave ment of Labor at 866-487-9243. at ment Labor of Depart law, the you contact may this with comply to employer your If hardship.” fails “undue impose would law this with ance compli if law Mothers for Nursing Time Break the not to employees50 subject are employee “completely is duty.” from relieved the unless employee time an for pumping compensate must Moreover, employers pumping. of purpose for the breaks paid use to permitted are breaks paid to entitled otherwise are who However, employees milk. breast pumping of purpose for the taken employees forcompensate breaks mothers. nursing by needed when for pumping available made it is as long so activities pumping solely to devoted not be to does need area the and area, tion lacta atemporary create Employers may restroom. use or single-person private even a for pumping, arestroom use to Employers cannot require nursing mothers milk. breast pumping of purpose for the Importantly, employers with fewer than fewer than employers with Importantly, employers to not does require law This Features Features pratum.com/digital- and presenting digital evidence. by identifying, preserving, analyzing, decisions aboutsecurity incidents we enableclients to make informed Through our digitalforensics service, RESPONSE INCIDENT FORENSICS & DIGITAL • • • Expert CaseReview Forensic Imaging Forensic Investigations Parental Leave Task Force Task Leave Parental forensics
-
- - THE IOWA LAWYER IOWA THE Iowa Breastfeeding Laws Breastfeeding Iowa Pay Parental Leave About Considerations and Questions or hearing.) atrial during milk breast pump to need the to sample proposed orders and motions related are there online, page resources YLD the (On place. public any in child her own breastfeed to 2. and request; upon duty jury from 1. laws: breastfeeding two have does Iowa work. at pumping and breastfeeding to pertaining ensure all parties are on the same page. same on the are parties all ensure to adiscussion after writing in dates and deadlines information, all confirm should One preparations. and leave rights parental employer an about with conversations any keep from notes and employee take should leave. parental employee employer an and prepare for leave to will prior questions following the answering not exhaustive, certainly While work. to back transition asmooth and coverage duty compensation, protection, for job leave plan to taking to er prior employ an with discussed be to need that A breastfeeding mother may be excused excused be may mother Abreastfeeding A breastfeeding mother is permitted permitted is mother A breastfeeding Iowa does not have any state-level laws laws not state-level any does have Iowa • • • much? How • • an meeting, important any with As leave parental of aspects many are There
to use one before the other? one the before use to Ihave Do work? that How does leave? parental or paid FMLA to addition leave in vacation/sick any Iuse Can keepcompany my job for me? the How long will allowed? is that time, unpaid away, including time of amount maximum the is What for FMLA? Iqualify Do leave? for unpaid Iqualify Do For how long? Ireceive? How much my will of pay leave policy? parental apaid there Is 12 DECEMBER 2019/JANUARY 2020 - Benefits TermShort Disability • • • • • • • • • • • • • • • • •
nership track? How? track? nership for coverage? how pay do Icontinue to unpaid, is leave the If on leave? while insurance covered my be by life Istill Will insurance? work keep that to to I have days of amount minimum a there leave, is unpaid Itake If accounts? ing spend my flexible leave impact Does pay? to Ineed will percentage what not, If 100 at percent? paid my benefits Are I’mwhile on leave? for paid insurance myHow health is benefits? disability short-term collect Ican before period awaiting there Is disability? How for do Iapply short-term they’re available? if first benefits disability short-term use to Ihave Do coverage? disability term my of short- terms other the are What pay? of age For percent how what longage? and cover disability short-term there Is Will parental leave impact my part leave impact parental Will How? leave? parental by impacted be pay incentive-based or other bonus year-end any Will leave? parental by impacted be raises salary any Will organization? same for the works she he/ if for my spouse different it any Is out days? of Irun if system or request aleave pool there Is needed? yet if not earned Ihave time vacation/sick Iuse Can born/adopted? is baby the after it right use to Ineed Do time? that how in Iuse flexibility any Ihave Do - - - - Features Parental Leave Task Force
• Do I accrue vacation days/sick days Return To Work while on leave? • How will I be updated Parental Leave • Do I accrue retirement fund about work upon my return? contributions while on leave? Policy Survey • Who will maintain my calendar while • What happens if I have medical com- I’m on leave so I am caught up when A survey was sent to all Iowa attorneys plications and need to leave earlier I return? requesting responses on parental leave than planned? policies. This data below is based on • What can be done if I have a medical responses provided by attorneys who • If I did have to leave early, would that issue that prevents me returning to work for private law firms. count as part of my parental leave? work as planned?
Logistics • What if my child is sick and I do not % have sick time remaining? 7O • What forms do I need to complete prior to parental leave? • What if I am sick and I do not have of law firms any sick time remaining? DO NOT have a formal written • When is the FMLA form due parental leave policy. (if applicable)? • Can I work from home for a period of time? • When are vacation/sick request leave forms due? • Can I bring my child to work for a period of time? Can I use flex-time? % • Is there a form for short-term 75 disability? • Any other benefits for new parents? of law firms have • How do I make changes to my health Lactation ONLY FMLA or NO paid leave insurance to add my child and/or available at all. spouse? What is the deadline for • Where is the locked lactation room? making changes to my health insur- ance? What is the cost associated • If it is my office, will a lock be added with changing? to the door? % Parental Leave • How can I change my beneficiaries • Can we communicate that others 71 on any insurance policy? When is the should not enter if my door is closed? deadline to do this? of law firms with more • Will outlets/power adapters be in- than 2O attorneys HAVE a formal • How will my work be distributed while stalled, if needed? How will windows written parental leave policy. I’m gone? Who will monitor it? be covered?
• How will milk be stored/kept cool? 83% of law firms with fewer than 2O attorneys DO NOT have a formal written parental leave policy.
6% of firms OFFER paid paternity/spousal leave.
(This survey was conducted by Parental Leave Task Force Member Aaron Blair.)
THE IOWA LAWYER 13 DECEMBER 2019/JANUARY 2020 Features Patient One PATIENT ONE MENTAL HEALTH AND THE CRIMINAL JUSTICE SYSTEM
By Lauren Calef and Ben Kenkel*
"Every civilized Country has a Hospital for these people, where they are confined, maintained and attended by able Physicians, to endeavor to restore them their lost Reason.” – Francis Fauquier, Royal Governor of Virginia
he criminal justice system has increasingly been tasked with the responsibility of confining, main- Ttaining and attending to the mental health needs of Iowa’s citizens. In 2017, one-third of the prison population in Iowa suffered from a serious mental illness. This figure, when combined with the 24 percent of inmates suffering from “other Chronic Mental Illness,” means over 50 percent of Iowa’s inmates suffer from a form of mental illness. Often, the responsibility for initially identifying and diagnosing mental health needs falls to the prosecutor, defense counsel and the judges of Iowa’s court system. The growing mental health responsibility placed on Iowa’s court personnel has highlighted structural challenges in the court SIGNIFICANT
M&A EXPERTISE lwbj.com
Through our licensed investment banking M&A Team, l-r: Paul Juffer, CPA, JD Geneser, CPA, practice, we work closely with attorneys Eric Engstrom, CPA/ABV, CFA and their clients on sell-side and buy-side engagements to help them achieve their M&A goals and consummate successful transactions. We can serve in an advisory role or perform detailed due diligence procedures to uncover and analyze key risks and opportunities.
Twelve recent transactions exceeded $1 billion, spanning the retail, health science, agribusiness, technology and financial industries.
Certain associates of LWBJ are Registered Representatives of and Investment Banking services are conducted through StillPoint Capital, LLC, Tampa, FL, Member FINRA and SIPC. StillPoint Capital is not affiliated with LWBJ.
THE IOWA LAWYER 14 DECEMBER 2019/JANUARY 2020 Features Patient One
system’s ability to address mental health, louder yelling and screaming directed at and the officer was sufficiently aggressive and why a new approach is needed. A the officer. The confrontation escalated for the police officer to arrest Patient One, recent examination of one individual’s and resulted in Patient One “[taking] adding another chapter to an already struggle with mental illness while de- a stance as if he was going to come at extensive history of court appearances. fending criminal charges illustrates how [the officer].” At Patient One’s initial appearance ill-equipped courts are to serve as Iowa’s In response, the officer elected to for his assault charge, his diagnosis was primary mental health provider. draw his taser and use it on Patient One. apparent. Patient One identified himself The confrontation with nursing staff as “John E. Baron” — a false name — on PATIENT ONE Patient One is a 64-year-old male resident of an assisted-living facility. He was charged with Assault on a Peace Officer in violation of Iowa Code section 708.3A(1) after the facility called police when the nursing staff struggled to get Patient One to comply. When the officer arrived at the residen- tial facility, he was notified Patient One was “causing a problem with the nursing staff.” The officer did not come with back-up and it is unclear whether the officer inquired about Patient One’s mental health history. Patient One’s initial reaction to police presence was to yell at the officer to get out and leave him alone. At this point Patient One had not committed a criminal offense. The officer refused to leave, aggravating Patient One’s mental state and leading to
Business Valuation & Litigation Support
1707 High Street | Des Moines, IA 50309 515.282.8019 | www.bccadvisers.com
BUSINESS VALUATION LITIGATION SUPPORT MERGER & ACQUISITION CONSULTING Real Estate Appraisal
1707 High Street | Des Moines, IA 50309 515.283.0146 | www.iowaappraisal.com
COMMERCIAL & AGRICULTURAL REAL ESTATE APPRAISAL APPRAISAL REVIEW MARKET/FEASIBILITY STUDIES
THE IOWA LAWYER 15 DECEMBER 2019/JANUARY 2020 Features Patient One
both his preliminary hearing waiver and instances of delusional thoughts with criminal defense. But, because the current application for court-appointed counsel. lengthening periods of growing severity. criminal prosecutorial system presumes He continued to fill out the form with Unfortunately, the current system in mental competence, drawing the court’s nonsensical responses such as “alive and place does not foster communication attention to mental health concerns re- well” for date of birth and “spring” for date between the two systems — criminal and quires defense counsel to prove a negative the document was completed. Despite in- civil commitment cases — and Patient One — the absence of mental competence — dicators that Patient One was experiencing continued through both systems with no without the benefit of the state’s resources symptoms associated with his mental health relief of his criminal charges as his mental or the court’s power to compel. This is a diagnosis, current competency proce- health issues were extensively outlined in herculean task, which frequently must be dures led the court to accept the patient’s civil commitment proceedings. Finally, undertaken without the benefit of assis- waiver of preliminary hearing, set bond four months after his case began, Patient tance from the client, and oftentimes must at $1,000 cash or surety, set arraignment One’s defense counsel filed an application be weighed against a criminal defendant’s and accept Patient One’s declination of for competency examination and court refusal to admit he or she struggles with counsel. It also allowed Patient One to elect proceedings were suspended. It would be mental health. to self-represent. another six months, 10 months after the Unfortunately, his experience with the Medical staff at the jail recognized interaction that led to his charges at the criminal justice system is not an isolated Patient One’s mental illness and began civil residential facility Patient One called occurrence due to current procedures commitment proceedings. Patient One has home, before his criminal case was and systems in place. A better approach been the subject of a number of court-or- finally dismissed. is necessary to preserve the rights of the dered psychiatric commitments begin- accused, ensure individuals suffering from ning in his late twenties, including three WHAT DOES PATIENT ONE REPRESENT? mental health receive the treatment they commitments to local hospitals within the Patient One’s struggles with psychotic need and more efficiently utilize budget- last two years. A cursory examination of his auditory hallucinations and delusions, arily-strained court and judicial resources. medical history would reveal a diagnosis combined with a history of non-compliance Practical changes at multiple levels within of schizophrenia in Patient One’s mid-20s with treatment, immediately raises consti- the criminal justice system could change following his mother’s untimely death. tutional and practical concerns regarding the trajectory for an individual with The medical diagnosis included increasing his ability to assist or contribute to his own mental illness that becomes engaged in
SMART FOR YOUR CLIENTS Good for Your Community
Your local community foundation can help your clients support the causes they care about. Charitable donations may qualify for the Endow Iowa 25% state of Iowa tax credit — letting your clients give for less. To learn more visit:
IowaCommunityFoundations.org
THE IOWA LAWYER 16 DECEMBER 2019/JANUARY 2020 Features Patient One
the criminal justice system. responses and services. Each district should *This article was written by Lauren Calef First, better training for dispatch and work to maintain an up-to-date inventory and Ben Kenkel based on the research of law enforcement to improve the initial of available resources and foster open com- Professor Robert Rigg at Drake University encounter with law enforcement. Better munication between districts to support im- Law School. Professor Rigg's full article communication between dispatch and proved resource access across the state. The on Patient One can be found in Volume 16 the officer regarding Patient One and mindset should be an openness to evaluate Issue 1 of the Indiana Health Law Review his mental health diagnosis would have periodically and strive for improvement. titled Patient One: An Exploration of allowed the officer to enter the encounter Finally, for comprehensive reform, the Criminal Justice and Mental Health. with an awareness of possible behaviors legislature must get involved. Reconcilia- and an opportunity to employ tactics to tion between the language in Iowa Code Calef and Kenkel are third-year law deescalate the situation and remove the sections 229 and 812 is necessary and only students at Drake University and serve as need for physical force. within the power of the legislature to adjust. Professor Rigg's research assistants. As Second, improved communication Under the current system and procedures, part of their research positions, they assist between the parallel systems of criminal there is a disincentive to address mental with the Iowa Sentencing Project and court and civil competency proceedings health issues early and competently at the Criminal Law edition of the Iowa would allow the criminal court to know beginning of a case. This places a strain Practice Series. of a defendant’s mental health diagnosis on the criminal justice system and inap- supporting avoidance of length and un- propriately mixes individuals experiencing Calef is scheduled to graduate necessary involvement within the criminal symptoms of mental illness into the jail May 2020 and plans to practice justice system for individuals needing population, shifting the burden to the de- in Marquette, MI. treatment and not criminal rehabilitation. partment of corrections. Changes to systems This communication complies with HIPPA and procedures are necessary to divert and state law. individuals experiencing mental illness to Kenkel is scheduled to graduate Third, the courts should inquire into a the appropriate help and systems they need. December 2019 and will be defendant’s mental health each time a client remaining in Des Moines appears. Open communication between to practice. defendants and courts support appropriate
R
You can trust over 35 years of experience protecting lawyers.
• Works exclusively with lawyers professional Put your trust in the carrier liability insurance created by lawyers, • Specializes in solo to mid-size rms run by lawyers, • Returned over $60 million in pro ts to policyholders since 1988 exclusively serving lawyers. • O ers an array of services to mitigate risks
Get a fast quote today! Protecting Your Practice is Our Policy.® www.mlmins.com or contact Clayton Jones 402-699-1985 or [email protected]
THE IOWA LAWYER 17 DECEMBER 2019/JANUARY 2020 Features Jeff Wright
Jeff Wright was appointed by the governor as State Public GET TO KNOW Defender on March 1, 2019, to replace Larry Johnson, Jr., who became the Director of the Iowa Department of JEFF WRIGHT Inspections and Appeals. THE STATE PUBLIC DEFENDER
By Melissa Higgins, Communications Director
eff Wright comes from the trenches. with upholding the public’s constitutional J He got his start out of law school doing right to criminal legal representation. His contract court-appointed criminal defense first priority was a major technological work, the same work he now oversees as upgrade, which he says was desperately State Public Defender. needed for the important work they do. “When I came out of Drake University “To completely revamp an entire depart- Law School (in 2006), there weren’t a lot ment’s technology is a pretty big under- of jobs. So, you went where you could find taking, so that’s the area where we moved M ediations and A rbitrations work. For me, that was private practice things forward first,” he said. criminal defense – a lot of it court-appoint- Wright moved all digital storage to the Jeffrey A. Boehlert ed,” said Wright. cloud, which freed up the need for servers “You can gain a lot of experience and and saved each of the 17 SPD field offices Personal injury, employment claims, business and commercial disputes meet a lot of people by doing this kind of enough money to reinvest in upgrading public service work. I got in front of judges computers and other equipment. Member, American Academy of ADR Attorneys, AV Rated, over 35 years of litigation experience very quickly,” he said. “If it hadn’t been “My hope is that by giving them better for taking those kinds of cases early on in technology, they can be more efficient,” my career, I never would have been in this he said. “I come into this position with the position.” idea that just because we’ve always done Patrick V. Waldron Wright practiced criminal defense and something is not a reason to continue it. Specializing in workers’ compensation juvenile work as founding partner at Carr & So, we’re looking at everything. We won’t and civil litigation Wright Law Office in Des Moines. During change just for change’s sake, but we’re Member of American Academy of ADR Attorneys, those 12 years of private practice, a specific looking at everything to see how to make AV Rated, over 20 years of civil litigation and case sticks with him. He was questioning things more efficient,” he said. workers’ compensation experience law enforcement on the stand about a cli- Wright also oversees the more than ent’s arrest, and he asked if police officers 750 contract attorneys around the state did any forensic testing at the scene (finger- who are assigned the spillover indigent Gregory A. Witke print or otherwise). The officer responded defense work that the full-time state public All types of civil litigation no, because it wasn’t serious enough since defenders can’t take. He is aware of the the charge was only a misdemeanor. Wright widespread perception that the contract Member of International Academy of Dispute Resolution, AV rated with 30 years responded that his client could go to jail for billable rate is not sufficient for these of litigation experience up to a year. court-appointed attorneys, but he doesn’t “You know who it is important to? My know if the state budget will allow for any client,” Wright recalls asking the officer on additional increases. So, he maintains a the stand. view that there has to be more motivation 515-283-2147 “Every single case that you have … you to this job than just a paycheck. 5 0 5 Fifth A venue, Suite 7 2 9 need to remember that it’s a person’s life “There has to be an underlying idea that D e s M o i n e s , I A 5 0 3 0 9 that is impacted,” he remembers being the what you’re doing is protecting people – www.pattersonfirm.com lesson he learned that day. those charged and the system as a whole. Wright oversees a staff of approximately This understanding is very motivating. 220 people – most of them attorneys tasked That sort of work will wear on you if you
THE IOWA LAWYER 18 DECEMBER 2019/JANUARY 2020 FeaturesFeatures Article Jeff Wright Title WHAT DOES STATE PUBLIC DEFENDER JEFF WRIGHT VIEW AS THE KEY TO SUCCESS? WRIGHT ON THE ROAD
“Working hard and being nice to people. State Public Defender Jeff Wright travels Treat literally everyone you meet with frequently to Iowa's public defender field respect. Problem-solve in a way that offices and other counties throughout the state makes people come away glad to have and is interested in meeting with as many private worked with you. It’s so much indigent defense contract attorneys as possible more effective.” during these visits. To check on his travels or coordinate a future PHOTO ABOVE: meeting with Wright, contact Elisabeth State Public Defender Jeff Huston at the State Public Defender's Wright speaks to the ISBA Office: [email protected]. Board of Governors during the September 2019 quarterly meeting.
just see it as a paycheck,” he explained. Prior to assuming the role of State Public Defender, Wright served as chair of the Iowa Board of Parole beginning in January 2018. “This allowed me to experience the crim- inal justice system from a different angle. What you’re focusing on is the rehabilitation of people after they’ve been in the system. You can see the impact of the sentences and the way people handle them, as well as Don’t trust your Professional Liability the impact of the services available to help them. It was a good way to see the system coverage with anyone but the best. from both sides,” he said. Wright says he has always had an interest Professional Liability Insurance from the ISBA Insurance in public policy and public service, even Program is underwritten by CNA, the leading Professional before going to law school. He likes that he Liability provider for attorneys. now gets to approach the legal system on this macro level. The program, administered by Lockton Anity, “I miss the courtroom from time-to-time, includes these coverage benefits: but being able to look at things from a policy perspective is much more interesting to me,” he said. • Broad coverage Wright is married with two boys, ages • Valuable risk management resources seven and 11, and being involved in their activities with his wife takes up most of the • Cyber Liability coverage options family’s spare time. He enjoys coaching • 7.5% risk management credit through CLE webinars their Little League teams because, he • A dedicated risk control hotline proclaims “baseball was my first love.” He played baseball at Morningside College before attending law school. Wright has also tried his hand at politics – running for statehouse and city council Get started today at seats. But after losing several races, he calls IowaBarInsurance.com or (800) 679-7154. himself “a very unsuccessful politician” and instead wants to focus on helping others get into positions where they can enact public policy changes. “I got here because I had mentors and friends who helped me along the way. That The Iowa State Bar Association Insurance Program is administered by Lockton Anity, LLC d/b/a works in Iowa. We have people who work Lockton Anity Insurance Brokers, LLC in California License #0795478. Policy benefits are the sole obligation of the issuing insurance company. The Iowa State Bar Association receives a royalty fee for hard and others who help them. I’d like to the licensing of its name and trademarks as part of the insurance program o ered to Iowa State Bar help good-hearted people who want to put Association members. good into the world,” he said. “CNA” is a registered trademark of CNA Financial Corporation. Certain CNA Financial Corporation subsidiaries use the “CNA” trademark in connection with insurance underwriting and claims activities. Copyright © 2019 CNA. All rights reserved.
THE IOWA LAWYER 19 DECEMBER 2019/JANUARY 2020 Columns Transitions TRANSITIONS
A. Brandon Sanchez, Andrew Chamberlain MCGOVERN RASTELLI Bryan E. Shusterman, has joined Bradley & Riley Christopher J. Giitter and PC, practicing complex Dickinson, Mackaman, Tyler & Daniel Segura have joined litigation based primarily Hagen P.C. has announced the Heidman Law Firm in Sioux in the Chicago office. He formation of a new practice to support City and Whorley Heidman is a 2016 graduate from Iowa’s growing technology sector: Law Firm in Sheldon. CHAMBERLAIN the University of Virginia the Emerging Technology Group. Law School, after which Aimed at helping businesses innovate, he served as a law clerk compete and thrive, the purpose for U.S. District Court of the practice group is twofold: to Sanchez earned his Judge Gordon J. Quist of provide legal guidance to emerging J.D. from Valparaiso the Western District of tech-based companies as they become University in 2007, and Michigan, and practiced established and grow, and to assist previously practiced for two years at Willey & existing companies who are looking in Rockford, Illinois. Chamberlain LLP. Bradley to implement new technologies into His general practice & Riley PC is based in their operations to increase efficiency SANCHEZ includes creditors’ rights, Cedar Rapids and Iowa and ultimately win new business. collections, family law, City, but launched a The practice group is comprised juvenile law, criminal law Chicago office in 2017. of attorneys Emily McGovern and and general civil law. Andrea Rastelli, both of whom have experience working with entrepreneurs and startups, who bring their technical Danica L. Bird has joined knowledge and advanced training. Shusterman earned his Meardon, Sueppel & J.D. from the University Downer P.L.C. of Iowa of Iowa College of Law. City as an associate His general practice attorney. Bird received her Manage Exchange includes business law, J.D. from the University real estate law, and wills, BIRD of Iowa College of Law and Professional Risk trusts, estate planning in 2019, and her practice with the Midwest’s SHUSTERMAN and probate law. will focus on criminal law, family law, labor Premier Exchange and employment, litigation, and estate Resource Giitter earned his J.D. planning and probate. from the University of Nebraska College of Law. His general practice area includes agricultural law, Rachel Toenjes Zander business law, municipal recently joined the law, real estate law, Davis Brown Law Firm GIITER and wills, trusts, estate as a Special Counsel in planning and probate law. the Business Division. Toenjes Zander TOENJES ZANDER is an experienced environmental law Segura earned his J.D. attorney who joins the from the University of firm after four years with Nebraska College of Law. the U.S. Environmental His general litigation Protection Agency in IPE 1031 practice includes torts, Chicago. She advises 6150 VILLAGE VIEW DRIVE • SUITE 113 contracts and landlord clients in regulated WEST DES MOINES, IA 50266 tenant law. industries in their 515.279.1111 • 888.226.0400 SEGURA compliance with state FAX 515.279.8788 and federal environmental WWW.IPE1031.COM regulations and statues. [email protected]
THE IOWA LAWYER 20 DECEMBER 2019/JANUARY 2020 RR_2017.pdf 1 1/6/17 7:26 PM
Columns In Memoriam IN MEMORIAM
John Fletcher, 91, of Des Moines, died Oct. 11. Fletcher was William Royce (Bill) Shuttleworth, 92, of Cedar Rapids, died born in 1928 in Cedar Rapids. He served in the U.S. Air Force as Oct. 28. Shuttleworth was born in Cedar Rapids in 1926. In a second lieutenant during the Korean War and received his J.D. December 1944, he enlisted in the U.S. Navy. He received his J.D. from the University of Michigan, then accepted a position with from Yale Law School in 1953, then joined the law firm of Elliott, the firm of Gamble, Riepe & Pierce in Des Moines. He adored Shuttleworth and Ingersoll that his father Craven helped found in the the law and would have stayed at his desk until he was carried 1920s. He became a partner in the firm and remained one until he out. Except for a stint working with his friend in the oil business, became "of counsel" in the late 1990s. He was also legal counsel for he worked as a lawyer consistently until his retirement at age 72. Coe College in Cedar Rapids.
ON THE MOVE The Iowa Economic Development Authority (IEDA) and Iowa Finance Authority (IFA) will now be housed together. Offices will be closed temporarily in early December to facilitate the move to 1963 Bell Avenue, Suite 200, Des Moines, IA 50315.
2017 R&RISBA proof.indd 1 1/6/17 7:32 PM On-Demand 20+ CLE CLE PROGRAMS $0 COST TO YLD MEMBERS (1-5) 7 PRACTICE AREAS
iowabar.org/ondemandCLE
THE IOWA LAWYER 21 DECEMBER 2019/JANUARY 2020 Columns Kudos
REGIS CATHOLIC WINS STATE MOCK TRIAL TROPHY The state championship round of the 2019 part of the defense) came away with the Iowa Middle School Mock Trial Tournament championship trophy. was held Nov. 21 at the Iowa Judicial Branch The Regis team consists of: Theo Brock, Building in Des Moines, between Cedar Isabelle Doyle, Quincey Johnson, Joe Rapids Regis Catholic Middle School and Mettenburg, Liam Murphy, Joe Semelroth, Cedar Rapids Harding Middle School. After Davis Robe, Emma VonKampen; and coaches trying the criminal murder case of "State of Jim Efting and Tim Semelroth. Iowa v. Coco St. Clair," Regis (playing the
ISBA CLE CALENDAR iowabar.org/calendar
Dec. 13 E Dec. 17 E Dec. 18 Dec. 19 E Federal Practice Seminar eCommerce and Defending Sex Crimes: Be a Strong Voice for Embassy Suites Intellectual Property The Registry and Other Justice: Ethical Advocacy Des Moines Law Seminar Considerations for Yourself and Others In-person or Live Webinar Live Webinar In-person or Live Webinar
Dec. 20 E Dec. 27 E Dec. 30 E Dec. 31 E Ideas for Improving Conflicts of Interest, Lawyer Wellness The Attorney-Client Mental Health Confidentiality and Other Live Webinar Relationship: A Review of Through Self-Care Ethical Conundrums for the Rules and Cases Live Webinar Government Attorneys In-person or Live Webinar In-person or Live Webinar
E Contains ethics credit Jan. 22 Use of Mental Health Earn your credit with us Professionals in Satisfy your CLE requirements of 15 state Family Law hours and 3 ethics hours (required in 2019) Live Webinar by attending one of our upcoming events.
THE IOWA LAWYER 22 DECEMBER 2019/JANUARY 2020 Paper checks are notoriously unreliable. They get lost in the mail, they get tossed in the laundry, and they carry a lot of sensitive information around with them wherever they go. LawPay changes all of that. Give your clients the flexibility to pay you from anywhere, anytime. Proud Member Most importantly, we ensure you stay in Benefit Provider compliance with ABA and IOLTA guidelines.
888-883-1225 or visit lawpay.com/iabar Columns Disciplinary DISCIPLINARY OPINIONS
LICENSE REVOKED (criminal acts) and 32:8.4(c) (honesty, fraud, After a hearing, the Iowa Supreme Case No. 19-1032: Iowa Supreme deceit, and misrepresentation). Specifically, Court Grievance Commission concluded Court Attorney Disciplinary Board v. the Board alleged Muhammad used the that the lawyer received the funds for Tina Hassane Muhammad, on review $7,500 expense retainer for purposes other expense purposes in connection with a from grievance commission report than for the specific purpose for which it potential legal claim but that the funds and recommendation, Iowa Court was paid as set forth in the Agreement; were deposited into the lawyer’s personal rule 36.21(1). and Muhammad did not have a colorable account. The commission also found that (This summary comes from the opinion future claim to the $7,500, as it was for the lawyer did not have a colorable present authored by Justice Appel) the specific purpose of paying expenses. or future claim to the funds. After balancing Instead she knowingly converted the funds aggravating and mitigating factors, the Tina Hassane Muhammad was a licensed in violation of Iowa Code §§ 714.1(2) and commission recommended the lawyer’s Iowa lawyer who graduated from law 714.2(2). The Board also alleged a series license be suspended for one year. But after school in 2015 and was admitted to the of trust account violations. Specifically, the a de novo review, the Iowa Supreme Court Iowa bar in 2016. At issue was whether her Board alleged violations of Iowa Rules of decided to revoke the lawyer’s license to deposit of $7,500 advanced by a client into Professional Conduct 32:1.15(a) (holding practice law. Under the caselaw cited in a personal account amounts to theft funds in separate accounts), 32:1.15(c) the opinion by Justice Appel, revocation as alleged. (depositing advance legal and expense fees of license is virtually automatic when a The Iowa Supreme Court Attorney in trust account), 32:1.15(d) (safekeeping lawyer converts client funds. Muhammad Disciplinary Board sought revocation of the and prompt delivery of property), and may apply for readmission after a period of lawyer’s license to practice law. The board 32:1.15(f) (complying with chapter 45 of the at least five years after demonstrating she alleged that Muhammad violated Iowa Iowa Court Rules). is of good moral character and worthy of Rules of Professional Conduct 32:8.4(b) readmission to the bar.
eCommerce and Intellectual Property Law Seminar December 17 8:30 AM - 4:30 PM In-person (ISBA Building) or Live Webinar
SEMINAR HIGHLIGHTS Hot Topics in Ethics of Trademark Practice Strategic Considerations for Design Patents in Your IP Portfolio Anatomy of a Hack Automation and Legal Practice Hot Topics in Ethics of Patent Practice
iowabar.org/ecommerce
THE IOWA LAWYER 24 DECEMBER 2019/JANUARY 2020 Columns In Brief “ FOURTH BAR” REVAMP DRAWS BIG CROWD
“ With many seasoned attorneys retiring and new attorneys hanging out their shingles, we thought it would be a great idea to make introductions and encourage mentorship within our bar association.” – Dawn Landon, the new co-president of the “Fourth Bar.”
Approximately 100 attorneys and be a part of something truly special in the County Bar Association with the Southwest judges attended the kickoff “Fourth Bar" Fourth Judicial District.” Iowa Bar Association will hopefully lead to a meeting in Council Bluffs on Thursday, Local judges have committed to sense of community within our profession,” Oct. 24. The Fourth Judicial District Bar supporting this effort and at least one of explained Landon. Association recently resurrected its regular the district court judges will be at every One of the ISBA’s goals is to give get-togethers, and at this October meeting meeting to give updates and take questions. assistance in resurrecting these bar get- elected two co-presidents: Attorney The group plans on having one meeting in togethers. Attending the Fourth District Amanda Heims from Amanda Heims Law in Council Bluffs every other month and one Bar meeting from the ISBA were President Council Bluffs, and Dawn Landon from the meeting in one of the other eight counties Bill Boyd, Vice President Anjie Shutts, Sell Law Firm PLC in Glenwood. on the off-months. Each county will have a ISBA Executive Director Dwight Dinkla and "A strong district or local bar association "host" office and a “host” judge. Assistant Executive Director Harry Shipley. encourages collegiality and mentorship in “Our District is nine counties strong, with “I think it is critical to the survival of our this digital era. We don't want attorneys Pottawattamie being the largest. However, profession that we are collegial and get to lose touch with the importance of many attorneys in the other eight counties to know everyone we work with,” said conversation and friendship in this difficult were feeling disconnected. This new bar Deb Petersen, who represents the Fourth profession,” said Landon. “I am excited to association combining the Pottawattamie District on the ISBA Board of Governors.
Federal Practice Seminar
iowabar.org/federalpractice
December 13 8:30 AM - 4:30 PM Embassy Suites Hotel • 101 E. Locust St. • Des Moines, IA 50309
SEMINAR HIGHLIGHTS • U.S. Magistrate Judges Panel • Tips for Judicial Advocacy CLE CREDIT: • Article III Judges Panel 6.25 state hours which • Ethics of Settlement • Navigating Different Generations and includes 1 ethics hour Leveraging the Talents of Your New Attorneys • Fireside Chat with Dean Jerry Anderson
THE IOWA LAWYER 25 DECEMBER 2019/JANUARY 2020 Columns In Brief Become a leader in the ISBA
Section council and committee become effective at the annual meeting in SECTIONS application process open until Feb. 1 June 2020 when sections and committees • Administrative Law Do you wish to be a leader who makes a have their organizational meetings. An • Agricultural Law difference in the legal profession? To make orientation will take place before the • Alternative Dispute Resolution new connections and further your career? annual meeting. • Business Law The Iowa State Bar Association is currently Please join me in serving the legal • Commercial and Bankruptcy Law accepting applications to serve on section profession and the people of Iowa. • Construction Law councils and committees for 2020-2021. • Corporate Counsel Law A list of sections and committees are • Criminal Law Thank you, included on this page. They span many • eCommerce Jerry Schnurr practice and interest areas. These small but • Elder Law ISBA President-elect incredibly influential groups are the lifeblood • Environmental and Natural Resources Law of our association. It is through them that • Family and Juvenile Law we are able to provide the services that are COMMITTEES • Solo and Small Firm important to our members. You may help put • Access to Justice • Government Practice together CLE programs, propose legislation, • Annual Meeting • Health Law Intellectual Property Law create manuals and practice guides, or help • Appellate Practice • International Law the ISBA serve its members in countless • Diversity & Inclusiveness • Labor and Employment Law other ways and shape the future of the • Federal Practice • Litigation organization. • Innovations • Probate, Trust & Estate Planning As president-elect, I will make the • Iowa Jury Instructions • Real Estate and Title Law appointments for the coming fiscal year. • Law Practice Management • Taxation Please go to iowabar.org/SectionSignUp • Legal Forms • Trade Regulation to submit an online application for up to • Membership • Workers’ Compensation three section councils or committees. • Military and Veterans Affairs These are due by Feb. 1. Each application • Public Relations will be evaluated and we will announce • Rural Practice Learn more about ISBA Sections and Committees at appointments in the spring, which will • Wellness iowabar.org/sections or iowabar.org/committees.
THE IOWA LAWYER 26 DECEMBER 2019/JANUARY 2020 A DASH OF DATA SECURITY, A SPRINKLE OF SECRECY THE RECIPE FOR PERFECT PASSWORDS
By Myskal Kanietova & Tara van Brederode, Iowa Supreme Court Attorney Disciplinary Board
e’ve all experienced the frustration PHRASE: WONDERFULDAY of staring at a computer or tele- W phone screen, trying to remember EXAMPLE Iowa Courts Facebook Amazon the password to access a website or app. Is WEBSITE www.iowacourts.gov www.facebook.com www.amazon.com it the “usual” password for this one? Is it capitalized this time? Is there a “1” because PASSWORD W5onderful_Dayos W6onderful_Dayak W5onderful-Daymn it required a number, or an “@” because it required a special character? Which Netflix password did we select when trying PASSWORD RECIPE Using the recipe/formula-style password to reclaim the account from our teens and takes a bit of attention initially, but it will 1. Take a piece of paper their friends? become easy over time. Application of the Our attorney ethics rules impose upon 2. Think of a phrase (either a few words together, recipe ensures that you will always have us the requirement of “competence,” and or the first letters of a longer series of words) different passwords for different websites. comment 8 to Rule 32:1.1 requires that we 3. Write a formula Even if one account is compromised, all “keep abreast of changes in the law and its of your other accounts, and your own and practice, including the benefits and risks 4. Write the website name your clients’ personal data, will stay safe. associated with relevant technology….” Yet 5. Apply the formula we feel far from competent when we forget, 6. Destroy the piece of paper (or eat it!) once again, how to log into The Iowa State Myskal Kanietova is a legal assistant with the Attorney Disciplinary Bar Association’s website, or the Judicial SAMPLE FORMULA Board. She completed a law Branch’s Electronic Document Manage- If the first letter of the website is a vowel degree in Kyrgyzstan, is currently ment System (EDMS), or Twitter. And sadly, – enter 5 after the first letter pursuing a master's degree in many of the passwords we choose are not business analytics and is a slow unique and are far too easy to guess. If the first letter of the website is a consonant marathon runner. While technology experts recommend – enter 6 after the first letter Tara van Brederode is the having different passwords for every If the third letter of the website is a vowel administrator of the Attorney account, it is simply too hard to remember – enter – after the first word Disciplinary Board. She was different passwords, and we end up using If the third letter of the website is a consonant previously the executive the same password for several (or all!) ac- – enter _ after the first word director of the Legal Aid counts. Concern for the privacy of our own Society of Story County data, and our ethical obligation to protect Enter second and last letter of the website and is a speedy knitter. that of our clients (see Rule 32:1.6, Confi- at the end of the phrase dentiality), demands a better solution. Password managers like LastPass or 1Pass- word are options for many people, but we have found them cumbersome to use across devices and operating systems. And because each requires a master password, there’s still likely to be a scramble of letters on a sticky note attached to a computer monitor or lost in a drawer. Here’s where a “password recipe” will change your life. And once you give it some thought (and let your favorite poems or songs or catchphrases rattle around in your brain for a day or two), it’s easy, strong and memorable.
THE IOWA LAWYER 27 DECEMBER 2019/JANUARY 2020 Columns Classifieds CLASSIFIEDS
POSITIONS AVAILABLE Civil Litigation Attorney - Newbrough of simple misdemeanor and indictable Law Firm LLP, Ames, IA - Newbrough offenses, juvenile cases, and other duties Business Development Director - McKee, Law Firm, LLP, is seeking an experienced as required. Salary is dependent upon Voorhees and Sease, PLC, Des Moines, civil litigation attorney. Candidates qualifications and experience. Applicants IA - As the Business Development Director should have at least two years of practice, will be subject to a background check and at McKee, Voorhees & Sease you will play primarily in civil litigation. Excellent finalists will be required to complete a the lead role in a wide variety of initiatives, research and writing skills are required, pre-employment drug screen and physical. including the execution of research, pitch and trial experience is preferred. Iowa To apply, please submit a cover letter, materials, presentations, responses to bar admission required. The ideal resume, and a list of three references to: requests for proposal, marketing content candidate would also possess a strong Amy Zenor, Assistant Dickinson County management, marketing communications, work ethic and dedication to serving Attorney, 1802 Hill Avenue, Suite 2509, events, sponsorships and other general the community. All applications will be Spirit Lake, IA 51360, business development activities promoting handled confidentially. Send resume [email protected]. the firm’s culture and vision. To apply, visit and cover letter to Newbrough Law Firm, https://careers.iowabar.org/jobs/13047067/ LLP, Attention Nicole S. Facio, Personnel Corporate/Transactional Attorney – business-development-director. Partner, P.O. Box 847, Ames, IA 50010 or Shindler, Anderson, Goplerud and Weese, [email protected]. Newbrough is P.C., West Des Moines, IA – Shindler, Director of Advocacy/Staff Legal Counsel an equal opportunity employer. Anderson, Goplerud and Weese, P.C. is - Iowa Hospital Association, Des Moines, seeking a corporate/transactional attorney IA - The Iowa Hospital Association is Assistant Dickinson County Attorney with 0-5 years’ experience. The ideal seeking a dynamic individual to serve - Dickinson County Attorney's Office, candidate would possess outstanding as Director of Advocacy/Staff Legal Spirit Lake, IA - The Dickinson County academic credentials and work experience Counsel. Responsibilities include Attorney is accepting application for and would have a strong work ethic. The policy analysis of legislation before the a full-time Assistant County Attorney. successful candidate will be involved in Iowa General Assembly and Congress, Duties of the position include prosecution the firm’s corporate/transactional matters. evaluation of proposed regulatory changes to Iowa hospitals, and inhouse legal work including contract review and corporate compliance. To apply, visit https://careers.iowabar.org/jobs/13067427/ director-of-advocacy-staff-legal-counsel.
Staff Attorney - Davenport Community Schools Project - Iowa Legal Aid, Davenport, IA - Iowa Legal Aid is seeking an energetic and creative attorney to join our new Davenport Community Schools Project. The successful candidate will be responsible for developing and implementing the project. Building upon the considerable groundwork already laid by Iowa Legal Aid staff, the new Staff Attorney will help launch the opening of the onsite legal clinic and build the project to full scale. To apply, visit https://careers. iowabar.org/jobs/13071978/staff-attorney- davenport-community-schools-project.
Attorney - SAGW, PC, West Des Moines, IA - Seeking a family law attorney with 1-2 years’ experience. The ideal candidate would possess outstanding academic credentials and work experience and would have a strong work ethic. The successful candidate will be involved in the firm's family law matters. Please send a cover letter and resume to Megan Elgin, 5015 Grand Ridge Drive, West Des Moines, IA 50265 or by email to [email protected].
THE IOWA LAWYER 28 DECEMBER 2019/JANUARY 2020 Columns Classifieds
Please send a cover letter and resume by litigation. Excellent research and writing LAW PRACTICE, ABSTRACT mail to Jody Jones, 5015 Grand Ridge skills are required, and trial experience is COMPANIES FOR SALE Drive, West Des Moines, IA 50265 or by preferred. Iowa bar admission required. All email to [email protected]. applications will be handled confidentially. Law practice and two abstract businesses Send resume and cover letter to Crary for sale, including building. Located in Corporate/Transactional Attorney - Huff Law Firm, Attention: Sabrina Sayler, rural Southwest Iowa. Building has ample Nyemaster Goode, P.C., Des Moines, IA - Personnel Partner, PO Box 27, Sioux City, space for two offices, work room, file Seeking a corporate/transactional attorney IA 51102 or [email protected]. room and abstract office. Please contact with 3+ years of experience for its Des (641)782-1009 or email skipkenyon@ Moines office. The ideal candidate would Litigation, Real Estate & Tax Attorneys – issbbank.com for additional details. possess outstanding academic credentials Bradley & Riley PC, multiple Iowa offices - and work experience and would have Bradley & Riley PC, an AV-rated firm PERSONAL a strong work ethic. The successful with offices in Cedar Rapids, Iowa City candidate will be involved in the firm’s and Chicago is seeking candidates for If depression, stress, alcohol or drugs corporate/transactional matters. Please the following positions: Experienced tax are a problem for you, we can help. We send a cover letter and résumé by postal attorney with a minimum of two years of are a non-profit corporation offering mail to David Bower, 700 Walnut Street, experience in state and federal tax law attorneys free help in a totally confidential Suite 1600, Des Moines, IA 50309, by fax for the Iowa offices. The ideal candidate relationship. We are the Iowa Lawyers to (515) 283-3108 or by email to dbower@ will have a CPA or experience at a public Assistance Program. Under order of the nyemaster.com. All inquiries will be held in accounting firm or law firm. Experienced Iowa Supreme Court, all communication confidence. Nyemaster Goode is an equal Real Estate Attorney for the Cedar Rapids with us is privileged and private. Our opportunity employer. office. The ideal candidate will have five director is a former lawyer, and a years or more experience in real estate recovering alcoholic and drug addict. He Litigation Attorney – Crary Huff Law law, a strong attention to detail and is a trained substance abuse counselor. Firm, Sioux City, IA - Crary Huff Law excellent writing and communication We cannot help unless you call – 515-277- Firm is seeking an experienced litigation skills. Litigation Associate Attorney for 3817 or 800-243-1533 – or message (in attorney for its offices located in Sioux the Iowa offices. The ideal candidate will confidence) [email protected]. All you City and Dakota Dunes, South Dakota. have one-to-eight years or more experience have to do is ask us to contact you. No Candidates should have at least three in litigation, a strong attention to detail, other details are necessary. We will call years of practice, primarily in civil and excellent research, writing and you. The Iowa Lawyers Assistance communication skills. Send cover letter, Program also can provide speakers for MEDIATOR TRAINING writing sample and resume in confidence local bar associations. to: Bradley & Riley PC, Attn: Kandi McElroy, 2007 1st Avenue SE, Cedar Rapids, IA 52402, or electronically to: [email protected]. In Brief RICHARD M. CALKINS Former dean and adjunct professor, Drake University Law School, invites applications for: YLD MENTORING PROGRAM
Primary Mediator Class January 6-10, 2020 NEEDS ADDITIONAL MENTORS (40 hrs. of CLE, 2 hrs. Ethics) Des Moines, Iowa Mr. Calkins has conducted his 40 – hour course over The Young Lawyers Division Mentoring Program is looking for attorneys to 90 times throughout the Midwest. He has also trained sign up as mentors to be matched with newly-licensed attorneys. Launched law students throughout the nation and international- in 2014, the ISBA mentoring program was developed to build collegiality and ly in Australia, United Kingdom, India, Ukraine, UAE, better Iowa's legal profession. It is structured as a series of guided discussions Poland and Irish Republic. customizable to the needs of the mentee and strengths of the mentor. The class includes mediator and advocacy training, with students doing two full If you are interested in mentoring, please visit iowabar.org/mentorprogram. mediations before being certified by the International You may complete an application there. Academy of Dispute Resolution. For information, contact Susan Ewing at: If you have questions, contact YLD President-elect and Mentoring [email protected]. Committee Chair Torey Cuellar at [email protected].
THE IOWA LAWYER 29 DECEMBER 2019/JANUARY 2020 Columns Spotlight on Service Pictured left to right: Brooke Earleywine, Youth Homes of Mid-America; Julie Schneider, Youth Emergency Services & Shelter; John Moorlach, C. Edwin Moore president-elect and attorney at Whitfield & Eddy Law; Zachary Gott, Iowa Homeless Youth Centers; Todd E. Babich, C. Edwin Moore past-president and attorney at Babich Goldman P.C.; Jamie Yowler, Iowa Homeless Youth Centers; and Dick Lyford, C. Edwin Moore and attorney at Dickinson, Mackaman, Tyler & Hagen P.C. Not pictured: Iowa District Court Judge Jeanie K. Vaudt, C. Edwin Moore. SPOTLIGHT ON SERVICE
he C. Edwin Moore Inn of Court is a professional organization that T promotes professionalism, civility and ethics among legal professionals. But the C. Edwin Moore Inn of Court members also see great benefit in giving back to the community that has enriched socks and mittens were purchased during Lyford got the idea for this project while their careers as attorneys and judges. “Socktoberfest,” the Fox River Woolen Mills attending the sock sale and witnessing That is why the group rallied donations Sock Sale that takes place each fall at the a woman purchase thousands of dol- from members in order to give 400 pairs Mitchell County Fairgrounds in Osage. lars-worth of socks. When he remarked that of high-quality socks and mittens to Des Dick Lyford of Dickinson Law made the “she must know a lot of feet,” she responded Moines area homeless agencies. trip to Osage to purchase the socks. “The that her church congregation planned to The socks, many of them made of wool Socktoberfest sale is a fabulous way for us donate them. or wool blends, will supplement the cotton to buy quality items at great prices that in “Besides frostbite in the winter, there socks normally offered by the homeless turn will benefit many homeless people,” are all kinds of problems with keeping feet agencies to those they serve. All of the said Lyford. healthy when you live outside and have no way to wash your clothes. So, new socks are a constant need for the homeless popula- tion,” said Lyford. “With current estimates between 1,500 and 2,000 homeless people in the Des Attention Iowa Litigators Moines area, this donation will help many of those people keep their feet warmer through the winter months and prevent cold weather-related foot issues,” said Jaime Yowler of Iowa Homeless Youth Shelters. The donation was made in October to representatives from various homeless services agencies, including Iowa Homeless Youth Shelters, Youth Homes of Mid-Ameri- ca and Youth Emergency Services & Shelter (YESS), at the Dickinson Law headquar- ters. The C. Edwin Moore Inn of Court members say they plan to make this an annual tradition each fall before winter hits the homeless population.
The ISBA Public Relations Committee honors an Iowa attorney or group of attorneys each month in this special feature in The Iowa Lawyer. If you would like to nominate someone to be recognized for his or her www.IowaMediators.org work in the community, please contact: Melissa Higgins, [email protected].
THE IOWA LAWYER 30 DECEMBER 2019/JANUARY 2020 WHERE ARE YOU HEADED? HARBINGER KNOWS.
Harbinger o ers a variety of jury consulting services including: focus groups, mock trials, jury background and selection services, trial narrative and theme development, post-trial juror interviews and our own unique approach to dispute resolution known as Mediation on Steroids™.
HARBINGERJURY.COM ph 515 223 9356 [email protected] Working as Co-counsel with Iowa Lawyers on Personal Injury and Workers’ Compensation cases for over 30 years.
www.drewlawfirm.com
TOM L. DREW 535 40th Street, Des Moines, IA 50312 Phone: (515) 323-5640 Fax: (515) 323-5643 Email: tdrew@drewlawfirm.com