Meet the Opr's New Director

THE Volume 77 Number 4 May 2017

MORE THAN A REGULATOR MEET THE OPR’S NEW DIRECTOR

ALSO IN THIS ISSUE 2017 Legislative Session in review Page 6 Inns of Mediation looks to improve practice Page 12 YLD launches anonymous forum Page 24 Social media: How do you compare? Page 26 Your Biotechnology Invention is Our Specialty

EXPERIENCE. The biotechnology patent group at MVS is headed by two attorneys with over 65 years of combined experience in biotechnology, including over 25 years of specific industry experience.

EXPERTISE. Each of our members have degrees in biotechnology related science, five have advanced degrees, including one Masters and four PhDs.

Our team can help navigate the drastic case law changes from the United States Supreme Court which effects how one must protect this technology. Our team has experience in protecting, strategizing, and licensing of all aspects of biotechnology including:

Biofuels Gene Editing Technology Microbial Strains Cancer Treatments Transgenic Cells Crop Protection Vaccines Plant Variety Protection Novel Proteins Immunology DNA Markers Plant Breeder’s Rights Plant Patents Pest Resistance Genotyping Novel Genes and Proteins Food and Feed Plant and Animal Breeding

EXTRATERRITORIAL. Countries outside the U.S have widely varying laws regarding biotechnology. We have experience in prosecuting these patents all around the world and can craft a strategy to protect you both at home and abroad.

Your Worldwide IP Partner Since 1924™

PATENTS • TRADEMARKS • COPYRIGHTS • TRADE SECRETS • ENTERTAINMENT LAW • LICENSING • LITIGATION THE Volume 77 Number 4 May 2017 The official publication of The Iowa State Bar Association. EDITORIAL TEAM Editor-in-Chief Contributing Editor Melissa Higgins Virginia Sipes, J.D. 515-697-7896 515-697-7897 [email protected] [email protected] TABLE OF CONTENTS Copy Editor General Inquiries Steve Boeckman 515-243-3179 2017 Legislative Session in review 515-697-7869 [email protected] The 2017 ISBA Affirmative Legislation Program consisted [email protected] of 15 proposals, seven of which were passed during the session. The ISBA legislative team recaps these items and THE IOWA LAWYER other legislation of interest. (ISSN 1052-5327) is published monthly except By James Carney, Doug Struyk and Shannon Henson for the combined December-January issue, by the Iowa State Bar Association, 625 East Court 6 Ave., Des Moines, IA 50309-1904. One copy of each issue is furnished to association members as part of their annual dues. Non-member Modern-day renaissance man heads up OPR subscription rates are $40 per year. Periodicals Writer, teacher, world traveler, potter, attorney, English barrister and singer-songwriter. Those are some of the roles postage paid at Des Moines, Iowa. describing Nicholas “Tré” Critelli, who is the new director of POSTMASTER the Iowa Supreme Court’s Office of Professional Regulation. Send address changes to The Iowa Lawyer By Steve Boeckman Magazine, 625 East Court Avenue, Des Moines, Iowa, 50309-1904. Members can contact the 9 membership department to change their address by emailing [email protected]. The growing trend of mediation and what Iowa attorneys are doing to elevate the practice PRINTER In the last several decades, courtroom trials in civil cases The Iowa Lawyer Magazine is printed by Colorfx, 10776 have decreased nearly 70 percent. Iowa attorneys, across Aurora Avenue, Des Moines, Iowa, 50322. Telephone all practice areas, are taking notice, and have created a new 515-270-0402. Art Director: Melissa Thompson. Inns of Mediation organization. By Melissa Higgins ADVERTISING 12 CLASSIFIED. Qualifying ISBA members receive two free non-job listings annually as a member benefit. Members should contact the ISBA Communications FEATURES IN BRIEF Department for ad placement. Non-member classified How the ISBA arrives at the legislation it 2017 Annual Meeting registration now open ad rate is $110 at 125 words per listing. See classified supports and opposes Dinkla...... 4 ...... 8 section for further details. Carney Virtual, pro bono legal clinic launching in Iowa...... 14 Ending a practice, beginning a practice will be DISPLAY. Display advertising in the Iowa Lawyer Law Day 2017...... 28 focus of OPR in next couple of years...... 11 Magazine is handled by Larson Enterprises, Inc., 909 Court Rules order form...... 33 50th Street, West Des Moines, Iowa, 50265. For display Annual Meeting details and schedule...... 15 advertising and non-member classified advertisement YLD Mentorship Program continues to grow rates, contact Alex Larson at 515-238-4406 or McManigal...... 23 COLUMNS President’s letter: The consequences of implicit bias [email protected]. YLD launches anonymous questions forum Kenyon ...... 5 for new attorneys SUBMISSIONS White...... 24 Thanks to speakers...... 14 The Iowa State Bar Association seeks to publish Lawyers’ social media use in 2017 Transitions...... 25 original articles that advance the education, com- Black...... 26 petence, ethical practice and public responsibility In Memoriam...... 28 Honoring 50 years of service: of Iowa lawyers. Members are encouraged to submit CLE calendar...... 30 Judge Ronald E. Longstaff articles and manuscripts to the editor for possible Hamborg, Witt...... 27 Classifieds...... 31 publication. Submissions should be no longer than 1,500 words, although exceptions can be made. Thank you 2016-2017 Iowa LawPAC contributors..... 29 Kudos: Mock trial champs...... 34 Footnotes should be kept to a minimum. Include a short bio of the author(s) and professional photo(s) when submitting. NOTE: Not all submissions are THE Volume 77 Number 4 May 2017 ABOUT THE COVER guaranteed publication. The editors and bar leaders Nicholas “Tré” Critelli walks into the Office review all submissions to a make a determination of suitability for publication. Email all submissions of Professional Regulation in the Iowa Supreme to [email protected] in Microsoft Court Building, his new home since beginning Word format. his role as OPR director in December 2016. But

STATEMENTS OR OPINIONS MORE THAN A REGULATOR he is much more than a regulator, as you will The statements and opinions in this publication MEET THE OPR’S learn in this issue’s cover story which begins on are those of the authors and not necessarily those NEW DIRECTOR page 9. He’s a modern-day renaissance man. of The Iowa State Bar Association. Readers should ALSO IN THIS ISSUE 2017 Legislative Session in review consult original sources of authority to verify Page 6 Inns of Mediation looks to improve practice exactness. Advertising in this publication does not Page 12 YLD launches anonymous forum Page 24 constitute endorsement of a product or service Social media: How do you compare? unless specifically stated. Page 26 THE IOWA LAWYER May 2017 3 The Iowa State Bar Association 625 East Court Avenue, Des Moines, Iowa, 50309-1904 Main: 515-243-3179 Fax: 515-243-2511 www.iowabar.org [email protected] PRESIDENT Arnold “Skip” Kenyon III Creston 641-782-1000 [email protected] PRESIDENT-ELECT Stephen R. Eckley Des Moines 515-283-4637 [email protected] VICE PRESIDENT Tom Levis W. Des Moines 515-274-1450 [email protected] SECRETARY Dwight Dinkla Des Moines 515-697-7867 [email protected] IMMEDIATE PAST PRESIDENT Bruce L. Walker Iowa City 319-354-1104 [email protected] DISTRICT GOVERNORS A message from the Executive Director… DISTRICT 1A Steven J. Drahozal Dubuque 563-583-1940 [email protected] Gary Mick Guttenburg 563-252-1733 [email protected] 2017 Annual Meeting DISTRICT 1B Shannon Simms Waterloo 319-291-6161 [email protected] registration now open John Wood Waterloo 319-234-1766 [email protected] DISTRICT 2A Collin M. Davison Garner 641-423-5154 [email protected] Online registration for this year’s ISBA Patrick Vickers Greene 641-823-4192 [email protected] Annual Meeting is now open. The event, once DISTRICT 2B again held in conjunction with the Iowa Judges Victoria Feilmeyer Ames 515-956-3915 [email protected] Annual Conference, takes place June 19-21 at Jerry Schnurr III Fort Dodge 515-576-3977 [email protected] Bethany Currie Marshalltown 641-752-8800 [email protected] the Iowa Events Center in Des Moines. DISTRICT 3A New this year is the opportunity for YLD Jill Davis Spencer 712-262-1150 [email protected] members in their first three years of practice to John M. Loughlin Cherokee 712-225-2514 [email protected] attend annual meeting CLE programming free DISTRICT 3B Deb DeJong Orange City 712-737-4999 [email protected] of charge. We encourage all ISBA members who James Daane Sioux City 712-252-2424 [email protected] fall into this category to attend the event for its DISTRICT 4 educational and networking opportunities. If Kathleen Kohorst Harlan 712-755-3156 [email protected] Robert Livingston Council Bluffs 712-322-4033 [email protected] you are an older attorney, we encourage you to Dwight Dinkla DISTRICT 5A invite your younger associates. Mason Ouderkirk Indianola 515-961-5315 [email protected] The theme for this year’s program is T.E.A.M.: Transform your practice, Daniel Huitink Pella 641-621-8130 [email protected] Exchange ideas, Advocate for the profession, Motivate others. In addition DISTRICT 5B Roberta Chambers Corydon 641-870-0108 [email protected] to social events such as the Law School Luncheons (Creighton, Drake and DISTRICT 5C Iowa), Joint Presidents’ Reception and Annual Awards Gala, new activities Willard Boyd III Des Moines 515-283-3172 [email protected] added this year include an Iowa Cubs baseball outing on June 19 at Princi- Emily Chafa Johnston 515-986-0914 [email protected] Joseph Happe Des Moines 515-288-2500 [email protected] pal Park and a YLD Tailgate at the ISBA Headquarters on June 20. Debra Hockett-Clark Clive 515-247-9293 [email protected] Anjela Shutts Des Moines 515-246-5536 [email protected] Please go to www.iowabar.org/events/ and find Annual Meeting on Donald Stanley, Jr. Urbandale 515-281-5056 [email protected] the calendar to register. Dawn Boucher W. Des Moines 515-267-1174 [email protected] Kathleen Law Des Moines 515-283-3116 [email protected] Abhay Nadipuram Des Moines 515-235-9111 [email protected] We hope to see you there. Nathan Overberg Des Moines 515-243-7611 [email protected] Nicolle Schippers Des Moines 515-237-0270 [email protected] Dwight Dinkla DISTRICT 6 Linda Kirsch Cedar Rapids 319-365-9461 [email protected] ISBA Executive Director Lori Klockau Iowa City 319-338-7968 [email protected] Jonathan D. Schmidt Cedar Rapids 319-366-1000 [email protected] Robert Fischer Vinton 319-472-2353 [email protected] Mark Parmenter Cedar Rapids 319-365-1184 [email protected] DISTRICT 7 Randy Current Clinton 563-242-1832 [email protected] Christopher Surls Lowden 563-941-5301 [email protected] Ian J. Russell Bettendorf 563-324-3246 [email protected] DISTRICT 8A Robert Breckenridge Ottumwa 641-684-6097 [email protected] Ryan J. Mitchell Ottumwa 641-682-5447 [email protected] DISTRICT 8B Brian Helling Burlington 319-754-6587 [email protected] REPRESENTATIVES AND DELGATES Iowa Judges Association Representative: Jeffrey Neary Merrill 712-279-6494 [email protected] ABA Delegates: Alan Olson Des Moines 515-271-9100 [email protected] David L. Brown Des Moines 515-244-2141 [email protected] Jane Lorentzen Des Moines 515-244-0111 [email protected] LEGISLATIVE COUNSEL TEAM James Carney Des Moines 515-282-6803 [email protected] Doug Struyk Des Moines 515-282-6803 [email protected] Shannon Henson Des Moines 515-282-6803 [email protected] ISBA YOUNG LAWYERS DIVISION OFFICERS A view from above of the vendor hall during 2016 Annual Meeting at the Iowa Events YLD President Reed McManigal W. Des Moines 515-223-6860 [email protected] YLD President-elect Thomas Hillers Des Moines 515-508-6460 [email protected] Center (Community Choice Credit Union Convention Center) in Des Moines. The 2017 YLD Secretary Margret E. White Des Moines 515-244-4300 [email protected] Annual Meeting events will take place in the same location. YLD Immediate Past President Joseph Goedken Ottumwa 641-682-5447 [email protected] 4 THE IOWA LAWYER May 2017 The President’s Letter – Arnold “Skip” Kenyon III The consequences of implicit bias “Our lives begin to end the day we become silent about things that matter.” —Martin Luther King, Jr. I grew up in the sixties—a time, like First steps, however, are just that—the first action on the long road today, of great turmoil and change. to change. As legal professionals, and as a state, we are fortunate in Then, the assassination of President Iowa to have a Supreme Court that is sensitive to implicit bias. Chief John F. Kennedy, the Vietnam War Justice Cady in his State of the Judiciary message last winter recog- and the rise of social protests drove nized that to some extent we are all prey to implicit bias. It is simply a domestic events. African-American fact of life. The trick is to recognize that it exists, and to be mindful civil rights protesters, who simply of it as we move forward in making decisions and taking actions wanted the country to live up to its affecting those around us. Arnold “Skip” promise of equality for all, were beat- As I mentioned in an earlier letter, exposure to the legislative Kenyon III en and threatened by law enforcement process has been eye-opening for me in many ways. On one particular is in-house counsel at the and angry onlookers. Sometimes, issue, I received feedback from many attorneys who were concerned Iowa State Savings Bank the struggle escalated into riots, what about how courthouses would be affected by House File 517, a bill in Creston and head Dr. Martin Luther King, Jr. called focusing on Second Amendment rights. I watched the House floor of the trust department. “the language of the unheard.” One debate in order to learn more about the legislation. It never occurred of the most infamous incidents, the to me that for many of my fellow Iowans, implicit bias permeates Watts Riots in Los Angeles, received national attention. Iowa, with its this issue as well. Representative Ras Smith (D-Waterloo), who is primarily Caucasian demographic, had the privilege of observing— African-American, spoke with great eloquence about the “Stand Your rather than participating in—these events. Ground” portion of the bill. He pointed to a study from the Urban My children grew up in the nineties. U.S. involvement in the Middle Institute, which found that homicides with a white perpetrator and a East was just beginning, and the Rodney King beating, which sparked black victim are nearly three times more likely to be ruled “justified” massive riots in Los Angeles, played in loops on the nightly news. than cases with a white perpetrator and white victim.* Again, here in Iowa, most of us watched the unrest from a distance; This statistic is Exhibit A in making the case for the existence of our lives were not directly involved in the racial tension and social implicit bias. “The idea that you can be wrong in your estimate of outcry we saw playing out in other parts of the country. a threat, but as long as you have good reason, your action may be For Iowans of color, then, as now, these issues hit far closer to home. justified, is terrifying for some of us…” Rep. Smith said of HF 517. Over the years, I have out of necessity come to consider the ongoing “The impact of this legislation on people who look like me, but may struggle for equality in more concrete terms. My grandson and not dress like I do when I’m here Monday through Thursday, will be granddaughter are biracial Iowans. While our demographics have at an increased risk of being killed.” changed quite a bit over the last couple of generations, we still have a To illustrate his point, he slipped on a hooded sweatshirt and said: ways to go. Even at my age, I realize how much I have yet to learn. My “This is what Rep. Smith looks like when he’s not in a suit and tie— grandchildren, for example, grasp how our perceptions must evolve with his tattoos and his earrings—this is what I look like. So this is in order to truly embrace this diversity, and to appreciate the richness that threat that you can perceive every day.” I do not for one moment that multiple perspectives bring to our state. believe that our lawmakers set out to hurt particular communities. In that spirit, right around this time last year, I listened to several Nonetheless, looking ahead, we must all be vigilant in understand- lectures on implicit bias. As an attorney, I’m trained to look at ing and protecting our neighbors against the unintended conse- situations logically from both perspectives in order to advocate well quences of our implicit biases. for my client. I certainly went into those lectures with a firm belief Iowa has changed a great deal from when I was a kid—in many in my own unbiased nature—an attitude that, in retrospect, is indic- ways for the better. With change comes the necessity to adapt. How ative of the problem. we choose to adapt is up to us. All I know is that I was raised to During these lectures, I learned that by its very nature, implicit bias respect my neighbors, to treat others how I would like to be treated is something we’re not consciously aware of. It’s a structure built up and to give people the benefit of the doubt until proven otherwise. in our subconscious through years of social conditioning that subtly I’d like to think that I can retain these ideals from the Iowa of my guides how we react to different people and situations. There is a youth and apply them to the more diverse landscape populated by large body of social and scientific evidence demonstrating that racial young people like my grandchildren and others who have chosen to minorities, in particular, feel the negative consequences of implicit make Iowa their home. While we all see the world a little differently, bias. As I started to grasp the slippery nature of implicit bias, I began I think we all prefer to be seen as strong, capable, caring Iowans. questioning if I could immediately jump to a conclusion based on a Thank you for allowing me to serve. preconceived idea of what or who is good or bad, safe or dangerous— regardless of the facts. If someone else were to tell me that I am not objective, I would be offended and defensive. But taking a step back, I realize the concept of implicit bias makes sense. As defense attorney and Illinois Bar Association President Vincent F. Cornelius Arnold O. Kenyon, III writes, “The first step in understanding and addressing implicit bias is President, The Iowa State Bar Association recognizing that it exists.” [email protected], 641-782-1000

*Des Moines Register, “House Debates Stand Your Ground, Gun-Free Zones Before Passing Sweeping Gun Bill”: http://www.desmoinesregister. THE com/story/news/politics/2017/03/07/house-debates-stand-your-ground-gun-free-zones-before-passing-sweeping-gun-bill/98859564/ IOWA LAWYER May 2017 5 2017 Legislative Session in review A summary from the ISBA legislative team

Economic Emergency Fund by splitting the repayment between FY 2018 and 2019. This placed additional stress on the already low FY 2018 budget numbers. This shortfall had a significant impact on funding areas throughout the budget, including areas of interest to ISBA members. The Iowa Judicial Branch appropriation for FY 2018 is $175.7 million. This is equal to the FY 2017 appropriation after the $3 million deappropriation is applied. The Court is now faced with providing an adequate level of judicial services with $10 million less in funding than what the Court requested from the legislature. The judicial branch has committed to maintaining a presence in all 99 counties Shannon Henson, Assistant ISBA Legislative Counsel, [email protected] and clerks offices in all 99 counties. The judicial branch welcomes James Carney, ISBA Legislative Counsel, [email protected] any and all ideas for cost cutting and efficiency measures. Some of Douglas Struyk, Assistant ISBA Legislative Counsel, [email protected] the areas they will be considering include: furlough days, holding additional judgeships open, management of clerks and leaving court The Iowa General Assembly adjourned on Saturday April 22, 2017. reporter positions open. All this is on top of maintaining many of the While the legislature has adjourned, many pieces of legislation are current vacancies, which exceed 125. not finalized. The governor has 30 days from adjournment to act on One significant budgetary increase of note is the State Public all legislation received within three days of adjournment. Defender’s indigent defense funds. The SPD received a $3.84 million The 2017 session was the first session since 1998 with Republicans increase in the indigent defense fund appropriation. This is approxi- controlling the house, senate and governor’s office. Republican mately a 10 percent increase in total funding for indigent defense. control certainly impacted the legislative agenda. Also impacting the legislative agenda was Iowa’s struggling farm economy and its impact ISBA Affirmative Legislation on state tax receipts. The ISBA had a very aggressive 2017 Affirmative Legislative Pro- gram. Items contained in the program are advanced by the various Budget and funding ISBA sections and approved by the Board of Governors. You can learn A month before starting their session, legislators received the more about that process on page eight. estimated state revenues for the upcoming fiscal year. The Revenue The 2017 Program consisted of 15 affirmative proposals. Four of Estimating Conference (REC) met in December and lowered their the affirmative bills have been signed by the governor and three bills estimate for FY 2017 to are currently awaiting his signature. These bills include: $7.212 billion, which is a reduction of $139.6 million • SF 333 – Revised Uniform Fiduciary Access to Digital Mediations and Arbitrations below the enacted FY 2017 Assets Act (RUFADAA) budget. The December • HF 183 – Dependent Adult Abuse - Emergency Orders – Jeffrey A. Boehlert Clarification of the Priority of Notice Personal injury, employment claims, REC also lowered their FY business and commercial disputes 2018 estimate to $7.5563 • HF 184 – Information to File a Small Probate Estate Member, American Academy of ADR Attorneys, billion. This resulted in the • HF 195 – Probate Requests for Notice AV Rated, over 35 years of litigation experience legislature having to pass a • HF 371 – Attorney Fees and Court Costs in Action to [email protected] deappropriation for FY 17 Quiet Title After Request for a Quitclaim Deed. Patrick V. Waldron of $118 million in the first • HF 133 – Clarification of Roles in Child Representation Specializing in workers’ compensation month of session. • HF 253 – Updates to Chapter 600B – Children in the and civil litigation Before the legislature Middle & Attorney’s Fees in Contempt Cases Uniformity Member of American Academy of ADR began formalizing FY 2018 Attorneys, AV Rated, over 20 years of civil ISBA Legislative Counsel and Probate Section members engaged litigation and workers’ compensation experience budgets, the March REC significantly on HF 639 addressing the calculation of probate court [email protected] lowered their December costs. This has been a priority bill of the ISBA for several years due to Harry Perkins III 2016 estimate for FY 2017 All types of civil litigation from $7.212 billion to $7.081 Member of Iowa Academy of Trial Lawyers, billion, which is a reduction International Academy of Dispute Resolution, AV of $131 million from the pre- rated with over 40 years of litigation experience vious REC. The March 2017 [email protected] REC lowered the FY 2018 Gregory A. Witke estimate to $7.365 billion. In All types of civil litigation terms of growth over what Member of International Academy of was appropriated for FY 2017, Dispute Resolution, AV rated with 30 years of litigation experience the increase in available new [email protected] revenue was only $14 million. The legislature chose to 515-283-2147 use the Economic Emergency 505 Fifth Avenue, Suite 729 ISBA member Josh Weidemann, pictured with Gov. Terry Branstad, lawmakers and Des Moines, IA 50309 Fund to cover the shortfall ISBA legislative counsel, during the signing of SF 333 RUFADAA, the digital assets www.pattersonfirm.com in FY 2017. However, they committed to repaying the law that has been pushed by the ISBA probate section for years. 6 THE IOWA LAWYER May 2017

Patterson Law Ad_2017.indd 1 3/28/17 8:28 PM the inequity caused by the disparate application of costs to non-probate assets throughout the HANSEN, MCCLINTOCK& RILEY state. This year, the legislation advanced from LAW Y ERS committee and was eligible for floor debate in All Types Civil Litigation the house. Probate members worked closely with the court to develop a probate filing fee Mediation& Arbitration Services, including sufficient to address the estimated fiscal impact commercial and employment disputes of the bill. Additional work is needed to refine Chester C. “Trip” Woodburn, III the proposed filing fee and the estimated fiscal impact to the state. Fifth floor, U.S. Bank Building 520 Walnut Street Significant legislation passed Des Moines, Iowa 50309 SF 413 – Statute of Repose – This legislation 515-244-2141 reduced the statute of repose for actions arising 515-244-2931 (Fax) out of an unsafe or defective condition of an improvement to real property based on tort hmrlawfirm.com or implied warranty from 15 years down to 8 years. The ISBA opposed this legislation. ISBA legislative counsel worked with key legislators to incorporate exceptions to the shortening of the statute. These exceptions include nuclear power plants, actions arising from intentional miscon- duct or fraudulent concealment, unsafe or defective conditions discovered within one year of the expiration of the statute and residential property which has a 10-year statute under the new law. SF 465 – Medical Malpractice – The bill has multiple provisions, the most significant of which placed a $250,000 cap on noneconomic damages. The ISBA worked to eliminate the cap. Unfortunately, complete elimination was not possible. The bill was ultimately amended to include language based upon a Massachusetts statute which provides that the statutory cap would not apply if the injured party suffered a “substantial or permanent impairment of a bodily function, substantial disfigurement, or death.” While a cap is not ideal, it is believed that the amended language will allow for an opportunity to exceed the $250,000 in limited and appropriate circumstances. Some legislators referred to this as a “soft cap.” HF 518 – Workers’ Compensation – The bill makes significant changes to Iowa’s workers’ compensation law. Significant changes include creating a presumption that if a worker tests positive for drugs or alcohol at the time of injury, the worker was intoxicated and the intoxication was a substantial factor in causing the injury. The bill limits when a temporarily disabled worker can raise an objection to offered work based on suitability and requires the objection to be in writing. The bill makes shoulder injuries a scheduled injury of 400 weeks and reduces compensation for shoulder injuries. Finally, the bill makes the interest payments due from the employer start from the time of injury and sets the rate at two percent plus the prime. The ISBA legislative team appreciates the countless hours that ISBA members invested in reviewing legislation, providing comments and participating in hearings. The ISBA is very well respected at the capitol due to the expertise and accessibility of its members. Thank you all for your efforts this session and your great support.

THE IOWA LAWYER May 2017 7 Legislative policy formation How the ISBA arrives at the legislation it supports and opposes By James Carney, ISBA Legislative Counsel The ISBA has one of the more expansive legislative committee to oppose or support moves very quickly and it is simply impossible legislative programs of any interest group in the legislation. Oftentimes the recommenda- to survey the entire membership of the bar Iowa. Each year, it is common for the ISBA tion of the legislative committee is to seek an or to have a board meeting each time a bill legislative team to register on over 400 bills amendment to the legislation. is filed that is of importance to a specific and to review hundreds, if not thousands, of The litigation, probate, real estate, family section of the bar. amendments that are filed to bills. The leg- law, criminal law and business law sections are Additionally, the sections may propose islative team reviews all bills which are filed all unbelievably active in reviewing legislation affirmative legislation to be considered by and sends them to each section’s legislative and making recommendations to ISBA legisla- the Board of Governors each year. These pro- committee. The section chair appoints gen- tive counsel. These ISBA volunteers spend an posals are ordinarily reviewed at the fall or erally between three and five members of the extraordinary amount of time each legislative December board meetings. If the Board of section to serve as the legislative committee. session reviewing bills that affect the various Governors approves of a section’s proposal, it The legislative committee is charged with areas of practice impacting ISBA members. then becomes a part of the ISBA Affirmative reviewing legislation and recommending Whenever there is a lack of consensus on a Legislative Program. positions to be taken by the ISBA on the bills major issue, the full section council considers From time to time, ISBA members ques- of interest to that section. The legislative the legislation. If the council is unable to tion how or why the ISBA has registered on committee conveys its position to the ISBA reach a consensus, the bill is referred to the a bill to either support or oppose legislation. lobbyists who then register with the legis- Administrative Committee of the ISBA for The Board of Governors at its spring board lature on those bills. The registration may review. If the Administrative Committee is meeting directed that the accompanying be as “monitoring,” “opposed” or “support.” not comfortable taking a position on a piece chart be made available to all ISBA mem- Unless there has been a firm history of a of legislation, it refers the legislation to the bers to ensure that they are aware of how position to be taken on legislative propos- ISBA Board of Governors. The legislation ISBA legislative positions are formulated. als, the ISBA lobbyists normally register as is considered by the BOG at either a special We hope that this helps you understand monitoring the legislation, until such time board meeting or a regularly-scheduled the manner in which the ISBA legislative as they receive specific direction from the quarterly board meeting. Legislation today program is developed. ISBA Legislative and Administrative Review Flow Chart ISBAIS LBeAg Liesglaistliavteiv ea nadnd A Addmmiinniisstraattiivvee R Reeviveiwe wFl oFwlo Cwh aCrht art

Step 1: Chair designates Legislative Sub-Committee of no more than 3 people. Bills and/or administrative rules are sent to Legislative Sub-Committee by ISBA Step 1: Chair designates Legislative Sub-Committee of no more than 3 people. Bills and/or administrative rules are sent to Legislative Sub-Committee by ISBA Legislative LegislativeCounsel or Counsel ISBA Headquarters. or ISBA Headquarters. Step 1: Chair designates Legislative Sub-Committee of no more than 3 people. Bills and/or administrative rules are sent to Legislative Sub-Committee by ISBA Legislative Counsel or ISBA Headquarters.

Step 2: LegislativeStep 2: Legislative contact directorycontact directory prepared prepared by Legislative by Legislative Counsel Counsel after afterappointmentsappointments by by Section Section and and Committee Committee Chairs. Chairs.

Step 2: Legislative contact directory prepared by Legislative Counsel after appointments by Section and Committee Chairs. Step 3: Bills reviewed daily by Legislative Counsel and referred to section/committee Legislative Sub-Committee. Proposed administrative rules reviewed Step 3: Billsupon reviewed receipt ofdaily Administrative by Legislative Bulletin Counsel and referred and referred by Legislative to section/committee Counsel to section/committee Legislative Legislative Sub-Committee. Sub-Committee. Proposed Section/Committee administrative chair rules has reviewed upon receiptoption of Administrative to receive copies Bulletin of bills and and proposed referred administrative by Legislative rules. Counsel to section/committee Legislative Sub-Committee. Section/Committee chair has optionStep 3: to Bills receive reviewed copies daily of bills by Legislativeand proposed Counsel administrative and referred rules. to section/committee Legislative Sub-Committee. Proposed administrative rules reviewed upon receipt of Administrative Bulletin and referred by Legislative Counsel to section/committee Legislative Sub-Committee. Section/Committee chair has Normaloption to Flow receive copies of bills and proposed administrative rules. Emergent Response Needed Normal Flow Emergent Response Needed

Normal FlowStep 4: Responses to Legislative Counsel by Chair Step 4: Section Council refers to EmergentStep 4: Administrative Response Needed of Legislative Sub-Committee or Step 4: Chair determines issue is of such Administrative Committee for Committee calls special Board Step 4: ResponsesSection/Committee to Legislative Chair. Counsel Copies by sentChair to each magnitude or degree of controversy that position.Step 4: Section Council refers to of GovernorsStep meeting4: Administrative to sub-committee member legislation should be presented to entire determine position. of Legislative Sub-Committee or Step 4:section Chair council. determines issue is of such AdministrativeAdministrative Committee Committee for Committee calls special Board Section/Committee Chair. Copies sent to each Or magnitude or degree of controversy that Or position. Or of Governors meeting to Step 4: ResponsesIf conflict to Legislative exists, Legislative Counsel Sub by-Committee Chair chair determinesStep 4: SectionISBA position. Council refers to Step 4: Administrative sub-committee member legislation should be presented to entire determine position. of Legislative Subhas responsibility-Committee toor resolve differences. If Step 4:Section Chair council determines to resolve issue position is of andsuch Administrative Committee for Committee calls special Board consensus is reached, chair reports to Legislative sectionreport council. to Legislative Council with copy to Administrative Committee Section/Committee Chair. Copies sent to each Or magnitude or degree of controversy that Or position. Or of Governors meeting to If conflict exists,Counsel Legislative with copy Sub to-Committee section/committee chair chair, ISBA Officers and ISBA Headquarters. determines ISBA position. sub-committee member legislation should be presented to entire determine position. ISBA Officers and Bar Headquarters. Section council to resolve position and has responsibility to resolve differences. If section council. Administrative Committee consensus is reached, chair reports to Legislative Or report to Legislative Council with copy to Or Or If conflict exists, Legislative Sub-Committee chair determines ISBA position. Counsel with copy to section/committee chair, ISBA Officers and ISBA Headquarters. has responsibility to resolve differences. If Section council to resolve position and ISBA Officers and Bar Headquarters. consensus is reached, chair reports to Legislative report to Legislative Council with copy to Counsel with copy to section/committee chair, ISBA Officers and ISBA Headquarters. Step 5: Legislative Counsel to present Step 5: Legislative Counsel to ISBA Officers and Bar Headquarters. Step 5: Legislative Counsel Legislative Sub-Committee position to Step 5: Legislative Counsel to present Administrative to present BOG's position legislators as Official ISBA Position. present section council's position to Committee's position to to legislators as Official legislators as Official ISBA position. legislators as Official ISBA ISBA position. Step 5: Legislative Counsel to present position.Step 5: Legislative Counsel to Step 5: Legislative Counsel Legislative Sub-Committee position to Step 5: Legislative Counsel to present Administrative to present BOG's position legislatorsStep 5: Legislative as Official CounselISBA Position. to present present section council's position to StepCommittee's 5: Legislativeposition Counsel to to Stepto legislators5: Legislative as OfficialCounsel LegislativeTHE Sub-Committee position to legislatorsStep 5: Legislativeas Official ISBACounsel position. to presentlegislators Administrative as Official ISBA 8 IOWA LAWYER May 2017 to presentISBA BOG'sposition. position legislators as Official ISBA Position. present section council's position to Committee'sposition. position to to legislators as Official legislators as Official ISBA position. legislators as Official ISBA ISBA position. position. Modern-day renaissance man heads up OPR Tré Critelli has wide-ranging interests that he hopes will provide a broad dimension to the office responsible for regulating Iowa attorneys By Steve Boeckman, Communications Director Emeritus

Writer, teacher, world traveler, potter, was denied. attorney, English barrister and singer song- So he obtained another writer. Husband to Gretchen, and father to teaching visa, and ended Fia (15), Ian (14) and Nick IV (11). up running the writing Those are some of the roles describing department at the Inter- Nicholas “Tré” Critelli, who became director national High School in of the Iowa Supreme Court’s Office of Pro- Osaka for two years, did fessional Regulation (OPR) last December. private tutoring and also Tré, so named because he is the third gen- taught in a junior college eration of men in his family named Nicholas that focused on preparing Critelli, took over the position from Paul students to work in the Wieck II, who retired on Dec. 22, 2016. As travel industry. In addition, evidenced above, he brings a wide-ranging he played in a band and background of knowledge and skills to the wrote restaurant reviews job of regulating all Iowa-licensed attorneys. for an English-language Law is his second career. That may seem magazine that covered the odd for a young man who grew up in a fam- cities in the eastern half of ily of lawyers and spent hours in his dad’s the country. law firm conference room reading the Iowa It wasn’t until 1993, after Tré reviews paperwork in his office on the second floor of the Judicial Branch Code when a kid. But early on in life, he five years of living in Japan Building in Des Moines. The painting of the flower pot filled with sunflowers was bitten by the desire to travel and see the and traveling through parts on the wall behind him was a pot he created and gave to a neighbor who is world, or, as he puts it, “go on an adventure.” of Asia, that he decided to a painter. He is thinking about putting the image on articles of clothing. He In 1988, right out of Loras College in come back to the United enjoys seeing pieces of art expressed in many different media, he says. Dubuque where he majored in writing and States. He came back to be minored in philosophy and English litera- a lawyer, he says. ture, he headed to Japan to teach English to Two things happened while in Japan that law and lawyers are important in a society. Japanese students. made him decide to take up the family Those insights were further strengthened As it turned out, the assignment opened occupation: a camping trip with his dad, upon his return to Japan when he learned up many new opportunities. Three weeks Nick Critelli, and an incident that happened that his band’s drummer, an Englishman, after arriving in Japan, a professor of to a fellow band member. Both started him had been suddenly kicked out of his apart- English died. Tré was offered a position as looking at law in a philosophical light. ment and the apartment was rented to a assistant professor of English, which involved Tré says he only came back to the U.S. group of non-westerners. Tré was infuriated teaching several classes. twice during his five years in Japan. On and told the drummer it was discrimination “It was a huge boost to my credibility with one of those visits he and his dad went on a and “they can’t do that. As it turns out, in the Japanese people,” he says. “Being a college camping trip where they began discussing the Japan, they evidently could,” he says. professor at age 21 opened a lot of doors.” “whys” of the law – what do lawyers really do. “That was the first time I looked at law When his year was ending, the university He says he thought he knew what the law was, from a philosophical standpoint – as the offered him a five-year contract to teach having grown up surrounded by it, but the tripartite relationship between people, English. “In retrospect, I probably should discussion gave him new insights about why corporations and government,” he recalls. have said yes,” he reminisces today. Instead, he turned down the offer to follow his newly-discovered passion for Japanese pottery, spending countless hours in the studio learning the basics. “I spent the first month or so just sweeping and cleaning the studio, then another month just learning how to wedge the clay,” he says with a laugh. “I am sure my sensei wasn’t sure what exactly to do with me.” He decided to become a professional potter which, in Japan, is a lifelong art. After having his work displayed in some pottery shows, “just me and 80 Japanese potters,” he applied for a cultural visa for permission to live in a pottery village to learn how to fire the giant Japanese kilns. Unfortunately, he THE IOWA LAWYER May 2017 9 “I looked at law and realized for the first generation to the next – while in Japan. He judicial branch employee, and would have to time how law impacted everybody on an wanted to work alongside his dad in his law give up private practice. interpersonal level. That the law is very driv- practice in Des Moines, which he did for 15 In the end, he decided that the best rea- en culturally and historically. The laws in years (1996-2011), to acquire the knowledge son for taking the offer was the opportunity Japan are driven by their culture and history his dad could offer. During that time, he to work with Wieck. “Next to my dad, Paul where the laws in America are driven by our learned the “how” of practicing law, but also is my other legal mentor,” he says. “His legal culture and our history. So I guess you could the “why,” he says. background was vastly different than Nick’s, say I fell in love with the philosophy of law.” Tré’s transition from active law practice and he approached issues from a different It was this realization, too, that ultimately to his current position as OPR director hap- perspective. That, and his military back- attracted him to become a barrister in pened gradually. In 2004, he was appointed ground, made him a great person to work England years later. “I wanted to get to know to the Iowa Supreme Court’s Attorney for and with.” the English legal system because so much Disciplinary Board, which he chaired the “One of the greatest gifts I had in the of our system is based on the English legal last two years of his term. In 2011, he was ap- transition to my being director was the time system,” he says. “Plus, I really wanted my proached by Wieck and Charlie Harrington spent with Paul just talking and asking him own barrister’s wig.” to help alleviate the backlog of attorney stupid questions about the intricacies of Tré entered Drake Law School in 1993 disciplinary cases at the Grievance Commis- attorney regulation,” he says. and graduated in 1995 after 2 ½ years. He sion. He agreed to take a sabbatical from his To relax and wind down after a day at chose Drake because he wanted to return practice and accepted a 2 ½-year contract the office, Tré spends some time almost home and to family. He learned the im- to work on the backlog. His official title was every evening playing the piano. Until two portance of family – the passing down of assistant ethics counsel, but he considered years ago when he suffered what is called a knowledge and craftsmanship from one himself to be a special prosecutor and “frozen shoulder,” he played the acoustical approached the cases as a trial lawyer. guitar and sang. In fact, he has a number During his time with the commission, of hours of original music recorded on he got to know the people at the Judicial YouTube and other places. He has often Education Department. The department played at galleries for art show openings provides training for all judicial employ- where he would try to match the music with ees. The department wanted an attorney the art and provide a backdrop of quiet onboard to add credibility to the educa- music for those attending the show. He also tion offered to judges, and to help create plays a multi-stringed instrument called the a judicial bench book. “kecapi,” which he says is like a zither or a As his contract was coming to an end guitar turned on its side. He learned to play in December 2013, Wieck and Jennifer that in Indonesia. Juhler, the director of judicial education, In addition, he continues making pottery. approached him with a proposal for a joint He tried wood turning for awhile, but re- position between judicial education and turned to pottery because he likes the feel of OPR. According to the proposal, he would the clay. He creates pottery in what is called work 60 percent of the time – three days the “Raku” style, which involves removing out of five – for OPR, and 40 percent for red-hot pieces from the kiln and manipulat- judicial education. ing them in some manner. It results in every “Three days of the week, I had to wear a piece being one of a kind. This Critelli-made pot was designed specifically to con- tie. The other two days, they asked me not Although he is a member of a pottery tain this plant in his office. While in Japan, Tre pursued to wear a tie,” he laughs. co-op in Des Moines, he has his own kiln training to become a professional potter. Working with Tré faced a decision. He had taken a sab- and is able to fire his pots and plates and clay enables him to express his creative side and use his hands – something he recommends to all attorneys batical from his private practice to work as other pieces whenever he wants. since their days are usually filled with reading and a contractor on the backlog of disciplinary The music and the pottery stroke his cre- writing words. cases. This offer would mean he’d become a ative side – something he thinks all attorneys need to do. “Too many attorneys shut down the creative side of their lives and don’t do anything Joseph A. Happe with their hands, don’t do anything musi- Mediation and Arbitration Services cally, in fact don’t do anything that’s not Civil litigation, general liability & word-based,” he says, adding that “it’s hard worker’s compensation cases sometimes not having anything tangible at the end of a day’s work. At best what we do American Academy of ADR Attorneys member, is we write, we read, we think. We need to AV rated, 30-years litigation experience, significant take some time to make something, to do something with our hands, to make some mediation and trial experience noise or even sing.” Scheduling: “On second thought, don’t put that ‘sing’ Mary (515) 246-7815 Free parking|Free Wi-Fi|Multiple conference rooms in part in the article,” he laughs. “Or attor- or Joe (515) 246-7998 Des Moines with offices in Ames and West Des Moines. neys might think that there’s going to be a DAVIS BROWN KOEHN SHORS & ROBERTS, P.C. requirement in the regulations that states PHONE: 515.288.2500 | WWW.DAVISBROWNLAW.COM you have to start singing.” 10 THE IOWA LAWYER May 2017 Ending a practice, beginning a practice will be focus of OPR in next couple of years Now that he has been director of the To assist retiring attorneys, Tré plans to wisdom of our fellow attorneys is amazing Iowa Supreme Court’s Office of Professional update the guidance and compliance mate- and the more I can tap into that, the better. Regulation (OPR) for a few months, Tré rials on the OPR webpage. I know that the court has always been very Critelli has begun to firm up his priorities. “We have some good materials, but they open and receptive to changes and values The immediate focus is on what he calls are starting to get a bit out of date,” he says. the input of Iowa’s lawyers. Hopefully these “winding down the law practice,” and on the “In light of the new rule changes, the good audit visits will help me get a better idea of opposite end of the spectrum, the beginning work of the ISBA task force on succession what issues our profession faces across the attorney just setting up a practice. planning, the forms created by the Iowa state.” The two big issues in the end-of-practice Academy of Trust and Estate Counsel and Tré is optimistic that the changes – maybe arena are designating a successor and whatever insight I can gain from everybody, “tweaks” is a better word – that take place changing the status of attorneys to allow I’ll be working on updating the end-of-prac- in the next couple of years will result in a them to retire from the practice of law, tice materials. Even Paul Wieck (former OPR system of attorney regulation that addresses he says. The former, which is addressed in director) has agreed to give me a helping and embraces the modern-day legal world. Court Rule 39:18 that goes into effect Jan. 1, hand, which will be greatly appreciated.” “Iowa is on such a cutting edge of so many 2018, requires attorneys to name someone OPR’s other major focus in the near term things that we get questions from other on their annual reports who can take over is related to the new attorney just starting bars and from reporters wanting to know for them in the event of disability or death. into practice. Helping Iowa’s new attorneys what Iowa is doing,” he says. “We are on the The latter adds a third status “retired” to get their practice started on a good founda- forefront of dealing with many of the issues the classifications that attorneys fall under tion is crucial. One of the key components facing the modern-day practitioner. It is an in their careers. This change is addressed in in this is the proper setting up and han- exciting time to be an Iowa lawyer.” Rule 41:13 Certificate of Retirement that will dling of a new lawyer’s trust account, be be implemented on Dec. 28, 2017. it for attorneys just out of law school who “Right now, you are either actively practic- set up their own practices or for older at- ing or you’re classified as being inactive, and torneys who may have struck out on their Grow your nest egg, you can switch between the two,” Tré says. own after being part of a larger firm for not your tax bill. “But you can never just stop being a lawyer. 20 years where trust account matters were

You can never really give up or relinquish handled by someone else in the firm. your law license under today’s rules.” Tré and his staff are working on ways to One of the problems with the current provide more guidance. Qualified intermediary choice of classifications – active or inactive “Where’s the line between education services for all types of – occurs when lawyers want to do something and compliance and enforcement?” he Section 1031 exchanges that non-lawyers can do, such as mediations asks. “We’re exploring ways to make or tax preparation. As an inactive lawyer, that more efficient – to better protect you can’t do a family member’s tax return the public and serve the bar. These because you’d be practicing law, which is not things are not mutually exclusive.” allowed as an inactive attorney. You’d have Tré would like to have a “best practices” to activate your law license, he says. guidebook created which has basic forms 800-805-1031 • 515-224-5259

Under Rule 41:13, you’d be able to retire and procedures that a new lawyer could 4800 Mills Civic Pkwy Suite 205 your license, which means you revert back use, as well as identify likely problems West Des Moines IA 50265 to non-lawyer status so you can do some facing the new lawyer hanging out his or iowaequityexchange.com things that otherwise would be precluded. her shingle. Of course, the downside is that, should you To help with this, Tré has started going Ken Tharp change your mind and want to practice law out once a month with the auditors of the again, you’d have to sit for the bar exam or Client Security Commission, not so much be admitted on motion, Tré says. to look at the books but rather to get a “fin- An exception is the classification as an ger on the pulse of the practice of law in Standard Exchanges • Reverse Exchanges • “emeritus attorney.” Emeritus attorneys Iowa,” as he describes it. He visits with the Construction & Improvement Exchanges • Business Asset Exchanges • Collectible Exchanges are inactive attorneys who work pro bono attorneys while the auditors are looking for Iowa Legal Aid and other such entities. at the books to talk about what they see as Even if you fully retire from the practice of problems confronting the profession, and law, you can still function as an emeritus discuss methods to make it better. attorney, he says. “We want to encourage “I clearly don’t know everything,” he

Iowa lawyers to continue or become involved acknowledges, “but I’m in a position to in offering pro bono legal services at every make changes and give guidance to the INTEGRITY. PRECISION. SECURITY. stage of their legal careers.” court. The collective experience and THE IOWA LAWYER May 2017 11

2¾ x 4

“I’ll see you in trial mediation” – The growing trend of mediation and what Iowa attorneys are doing to elevate the practice By Melissa Higgins, Communications Director

In the last several decades, courtroom are resolved before trial, trials in civil cases have decreased nearly 70 and usually through a percent– from 11.2 percent of cases filed, to form of mediation. less than one percent today. In 2016, there Chief District Judge were approximately 1,200 total cases tried John A. Jarvey for the in Iowa, with only 200 being civil trials. That U.S. Southern District means all other lawsuits and disputes in Iowa observed: “Mediation took Iowa by storm for several reasons. First, while courts were loath MEDIATOR TRAINING to sponsor settlement conferences until the eve of trial, mediation is RICHARD M. CALKINS now conducted earlier and often prior to filing. Cassie Kinney and Dick Calkins, pictured at the ISBA offices, serve on the board Second, the process typ- of the new Inns of Mediation organization. ically takes from four to six hours and facilitates more rapid exchange of proposals. Third, people are naturally practice, he was approached about becoming attracted to a process that gives them more a professional mediator. control over the outcome of the dispute. “I quickly realized I could do a lot better Finally, compared to the jury trial, mediation mediating than ever trying a case. It was a lot is extremely inexpensive.” more appealing to my personality,” he said. With the emergence of mediation and After starting a full-time mediation and the other ADR mechanisms in Iowa, it arbitration practice in 1995, Calkins became formerformer deandean andand adjunctadjunct professor,professor, became apparent to Dick Calkins, former one of the most effective advocates for the Drake University Law School, Drake University Law School Dean, that an mediation profession in Iowa and beyond. invitesinvites applicationsapplications for:for: organization of students, lawyers and other He launched Drake’s competitive mediation professionals could serve the cause of peace- program and established national and inter- Ø Primary Mediator Class ful resolution of legal disputes. He formulat- national mediation tournaments. He helped August 14--18,, 2017 (40(40 hrs.hrs. ed the idea of creating an Inns of Mediation found the International Academy of Dispute of CLE, 3 hrs. ethics) Des group, similar to the Inns of Court that Resolution in Chicago. He has published two Moines, Iowa many Iowa attorneys are familiar with. books on mediation. And now, most of his The newly-formed Drake chapter of the efforts are directed to training others by of- Mr. Calkins has conducted his 40-- Inns of Mediation has a goal to carry out the fering 40-hour courses, as well as conducting hour course over 80 times admonition of former Chief Justice Warren mediation tournaments worldwide. throughoutthroughout thethe Midwest.Midwest. HeHe hashas alsoalso E. Burger of the United States Supreme “Mediation has literally taken over the legal trainedtrained lawlaw students throughout the Court, that lawyers “must be problem-solvers, system. It’s very dramatic what’s happened,” nation and internationally in harmonizers, peacemakers, healers – not the he explained. And other Iowa attorneys, Australia, United Kingdom,, IndiaIndia,, cause of conflict.” across all practice areas, are taking notice. Ukraine, UAE and Irish Republic.. “Mediation is not just moving the case from “We’re seeing more and more real-life the courtroom to the conference table. It’s a scenarios where people settle cases and have The class includes mediator and totally different mindset,” explained Calkins. to do one of two things: get on with their advocacy training, with students “Instead of being required to go to battle to life, or deal with each other. There is a way find resolution, it’s the opposite. You bring to resolve a case where there doesn’t have to doing two full mediations before the parties together and find a resolution be a clear winner and clear loser. In media- being certified by the International both can accept. A win-win result.” tion, everyone can come out with something Academy of Dispute Resolution. Calkins started his legal career as a trial positive,” said Cassie Kinney, the director of attorney in Chicago. He was a founding Litigation and Claims at Life Care Services For information, contact Susan partner of the firm Burditt and Calkins and and the new secretary/treasurer of the Inns Ewing at 515--283--0331 or eventually became dean of Drake University of Mediation. [email protected].. Law School. Upon re-entry into private The organization, which will be presided

12 THE IOWA LAWYER May 2017

May 2017 Calkins Ad.indd 1 4/24/17 11:55 AM over by Judge Larry McLellan from businesses and the legal profession. Judicial District 5C, intends to bring “I would like to include in our DEVELOPING A MEDIATION PRACTICE members of the practicing bar togeth- Inn, members of our sophisticat- The need for trained mediators is ever-increasing. The er with law students, undergraduate ed business community (in the question is: How can one get into the practice of mediation students and members of the commu- Des Moines metro) to elevate an and build a livelihood? nity to provide education, networking awareness of mediation in business,” and mentoring related to mediation. explained Kinney, who will head up Where to Begin – Tips provided by Dick Calkins “Methods for problem solving take the corporate law/in-house counsel 1. Find a niche or specialty on many forms,” said Inns President, pupilage group. A long and distinguished career in a particular area of law Judge McLellan. “As a former trial Eventually, Calkins hopes to gives the person a better opportunity to exchange his or her lawyer and now as a judge, one of establish Sister Inns throughout the coat of advocacy for a mediator’s cloak. the methods is the trial. Arbitration, United States and around the world 2. Adequate training mediation and negotiations have where law school mediation tourna- There are a number of training courses for mediators offered become equally important. These ments have been held. The Drake around the country. Generally, they are 40 hours, which in latter methods outstrip trials as forms chapter is already working closely many jurisdictions is required for state certification. Courses of problem solving. The trial remains with the University of Iowa and are geared for certain specialty areas. an integral part of the spectrum of Creighton Law Schools to establish problem solving methods. However, a presence on those campuses. 3. Identify top mediators in the state Inventory the top 10 mediators in the state, particularly those arbitration, mediation and negotia- “This is where the law is now. But with whom you have participated with as an advocate. Figure tions occupy a greater portion of the mediation in the current law school out what format and style they are using that you think makes lawyer’s quiver. Providing educational curriculum barely scratches the them so effective, and try to model it. and professional opportunities that surface,” said Calkins. “Most students assist young lawyers in developing may never try a case in their careers. 4. Pro bono mediations the skills needed to effectively utilize But if they have clients, they will have Engage in pro bono mediations to get experience and build arbitration, mediation and negotia- to know how to mediate.” your resume. tions is critical to this development. It The Inns of Mediation has estab- 5. Administrative considerations is our desire and hope that the Inns of lished eight pupilage groups based Resolve administrative matters such as fees, contract of Mediation will provide that forum for on a specific interest or type of case engagement, the form of the letter to be sent to counsel and our future problem solvers.” that relies on mediation for resolu- the parties, insurance coverage, etc. Pupilage groups will be set up, high- tion: family/juvenile/probate, intel- lighting specific practice areas, and will lectual property, agriculture, civil 6. Learn about marketing facilitate the mentoring of those new litigation, workers’ compensation, Get business cards and brochures. Contact other lawyers to the practice. The pupilage groups corporate, employment and commu- and insurance carriers, even judges, to develop a referral network. Do public speaking and write articles. Hold pro- will also be making a special effort to nity outreach. These pupilage groups motional events and advertise. Start a website and blog. include members of the business com- are open to students and legal and munity, for the purpose of opening non-legal professionals for education up better communication between and networking opportunities.

INNS OF MEDIATION The Nation’s Leading Agricultural Land Services Company! The Mission FNC can provide property appraisals on FNC provides professional real estate The Inns of Mediation, similar to its inspira- your agricultural, rural, and commerical services for expanding your farmland or tion, the American Inns of Court, is comprised of properties. adding to your investment portfolio. lawyers, judges, students and other professional Appraisals are essential for: We can assist you with: mediators who are committed to advancing the principles and awareness of mediation as a Financing • Estate Planning Land Auctions • Buying and Selling means of resolving disputes among parties. Estate Settlement • Property Division Agricultural Land • Recreational Land The Goals 1. Increase awareness of mediation as a means to resolve disputes. 2. Provide educational opportunities for mediation professionals and students. For all your real estate and appraisal needs, please contact: 3. Expand collegiate mediation tournaments. Sam Kain, ALC, GRI, ABRM Get Involved – Join the Inn and participate in Assistant Vice President - Real Estate | National Sales Manager pupilage groups that highlight an area of law 4949 Pleasant Street, Suite 203 • West Des Moines, Iowa in which you have a special interest. 1-800-798-4509 • (515) 249-0181 • [email protected] Contact: Dick Calkins www.FarmersNational.com Phone: 515-283-0331 Real Estate Sales • Auctions • Farm and Ranch Management • Appraisal Email: [email protected] Insurance • Consultation • Oil and Gas Management • Forest Resource Management National Hunting Leases • Lake Management • FNC Ag Stock THE IOWA LAWYER May 2017 13 Virtual, pro bono legal Thanks to speakers April April 12, 2017 Addressing Cybersecurity Threats to IP Firms (Live Webinar) clinic launching in Iowa Sponsored by The Iowa State Bar Association Intellectual Property Law Section Solomon Smith, ProCircular April 19, 2017 2017 Juvenile Law Seminar Sponsored by The Iowa State Bar Family and Juvenile Section Rachel Antonuccio, Iowa City Public Defender’s Office, Juvenile Division Felicia Bertin Rocha, Bertin Rocha Law Matthew Boleyn, Reynolds & Kenline LLP Hon. Susan Christensen, District Court Judge, District 4 Jami Hagemeier, Williams & Hagemeier PLC Alyssa Kenville, Kenville Law Firm Cory McClure, Babich Goldman PC Looking for the opportunity to provide short-term, pro bono Mike McInroy, Iowa Department of Human Services (DHS) legal service from anywhere at your convenience? IA Free Legal Prof. Brent Pattison, Director of the Joan and Lyle Middleton Center for Children’s Rights, Drake University Law School Answers is part of a nationwide, ABA pro bono initiative called ABA Charles Phillips, Attorney General’s Office Free Legal Answers. Since August 2016, over 2,200 attorneys in the Ellen Ramsey-Kacena, Ramsey-Kacena Law 30 participating states have registered to respond to questions. Last Erin Romar, Drake University Law School Student March, the ISBA Governors approved the launch of IA Free Legal Hon. Joseph Seidlin, District Associate Judge, District 5C Answers via the ISBA’s Find-A-Lawyer website. Dr. Rizwah Shah, MD, Former Director, Child Abuse Program at Blank Children’s Hospital IA Free Legal Answers is designed like a virtual walk-in legal Hon. Colin Witt, District Associate Judge, District 5C clinic where qualified clients post questions to the secure website. Justin Wyatt, Woods & Wyatt PLLC Then, volunteer attorneys log in to the site, preview questions and select questions to answer. After questions are answered, clients April 20, 2017 receive an email telling them to log back in to see their answers. 2017 Criminal Law Seminar Sponsored by The Iowa State Bar Criminal Law Section Prior to launching this service, volunteer attorneys are needed to B. John Burns, Iowa Federal Public Defender’s Office sign-up to answer questions in family law, housing, consumer debt, Chad Brewbaker, IT Specialist work issues, public benefits, probate and guardianship. Experienced Angela Campbell, Dickey & Campbell Law Firm PLC practitioners with substantive knowledge in their practice area(s) Glen S. Downey, The Law Offices of Glen Downey, LLC are highly desirable volunteers for this opportunity. Steven Drahozal, State Public Defender’s Office Ted Vosk, Alaska Legal Services Corporation Attorneys who want to volunteer: April 21, 2017 • Remain anonymous to clients (with limited exceptions) Gender Matters: Confronting Bias and Unprofessional Conduct Towards Attorneys • Are covered by the ABA’s malpractice insurance Sponsored by The Iowa State Bar Federal Practice • Perform limited scope representation (just within the Committee and Polk County Women Attorneys Hon. Helen Adams, United States Magistrate Judge for the Southern District of Iowa website) Hon. Celeste Bremer, United States Magistrate Judge for the Southern District of Iowa • Commit to about one hour a month, which provides legal Paul Burns, Bradley & Riley PC help for two to five people Hon. Annette Scieszinski, Senior Judge, District 8A • Will spend 10-25 minutes to answer one question, based on Ann Smisek, Ahlers & Cooney, PC reports from volunteer attorneys April 25, 2017 • Can count volunteer hours as pro bono publico service Economic Development and Revitalization of Cities (Live Webinar) pursuant to Iowa Supreme Court Rule 32: 6.1. Sponsored by The Iowa State Bar Government Practice Section Matthew Brick, Brick Gentry P.C. Erin Clanton, Brick Gentry P.C. If you are interested in signing up to help or want to learn more, John Danos, Dorsey Whitney please send an email to [email protected]. April 27, 2017 Negotiations: Working Through the Stickier Provisions of Vendor Contracts (Live Webinar) Sponsored by The Iowa State Bar Corporate Counsel Section Michael Dayton, Nyemaster Goode PC April 28, 2017 63rd Annual Spring Tax Institute The 63rd Annual Spring Tax Institute is co-sponsored by the University of Iowa College of Law CLE Programs and the Taxation Section of The Iowa State Bar Association. Ann Cammack, Principal and Senior Tax Advisor, EY National Tax Janice Kerkove, Bradley & Riley PC Christine Long, Bradshaw Fowler Proctor & Fairgrave, PC Roger McEowen, Kansas Farm Bureau Professor of Agricultural Law and Taxation, Washburn University School of Law Jeff McGuire, IRS Special Agent Mike Nelson, Iowa Savings Bank Joe Peiffer, Peiffer Law Office, PC David Repp, DickinsonLaw Shannon Shaw, Shaw Business Valuation Kevin Techau, U.S. Attorney for the Northern District of Iowa 14 THE IOWA LAWYER May 2017 Annual otivate others otivate ransform your practice your ransform dvocate for the profession dvocate xchange ideas xchange T E A M Meeting

June 19-21 Iowa Events Center Des Moines MESSAGE • ANNUAL MEETING CO-CHAIRS SCHEDULE •• MONDAY, JUNE 19

Dear Bar Members: Events We are very excited to invite you to the 2017 Iowa State Bar Association Annual Meeting, 10:0010:00 a.m.a.m. 5:305:30 -- 6:306:30 p.m.p.m. being held June 19-21 at the Iowa Events CenterCenter (Community(Community ChoiceChoice CreditCredit UnionUnion RegistrationRegistration OpensOpens JointJoint Presidents’Presidents’ ReceptionReception Convention Center). Over the course of the last nine months, the ISBA Annual Meeting ComplimentaryComplimentary toto allall AnnualAnnual MeetingMeeting attendeesattendees Committee has been working tirelessly to put together a stellar conference for Iowa’s legal 10:0010:00 -- 11:0011:00 a.m.a.m. professionals. With all our hard work, we hope this annual meeting exceeds youryour expectations.expectations. RedRed MassMass 7:007:00 p.m.p.m. St. Ambrose Cathedral I-Cubs Outing at Principal Park This will be the fourth year that the annual meeting has been held at the Iowa Events Center. St. Ambrose Cathedral I-Cubs Outing at Principal Park RegisterRegister forfor ticketedticketed eventevent This location is very spacious, allowing for as many as seven tracks to be offered at the same 11:0011:00 a.m.a.m. -- 12:3012:30 p.m.p.m. time.time. TracksTracks areare organizedorganized byby attorneysattorneys andand judgesjudges andand covercover aa varietyvariety ofof practicepractice areas.areas. TheThe LawLaw SchoolSchool Luncheons:Luncheons: Creighton University, committeecommittee understandsunderstands thatthat attendingattending thethe annualannual meetingmeeting isis aa hugehuge commitmentcommitment awayaway fromfrom DrakeDrake University,University, andand thethe UniversityUniversity of Iowa Kathleen Law work. With that in mind, we have attempted to provide something for everyone, each day, RegisterRegister forfor ticketedticketed eventevent andand offeroffer sufficientsufficient CLECLE creditcredit soso attendeesattendees couldcould participateparticipate inin thisthis meetingmeeting andand receivereceive allall of of thethe requiredrequired CLECLE forfor thethe year.year. We have requested 17 hours of state CLE which includes 4 ethics and 10 federal hours. As Ag Law Track (Sponsored by Iowa Agricultural Development Division - Iowa Finance Authority) part of our continued concern for the environment, we will once again be paperless. No hard 12:45 - 1:45 2:05 - 3:05 3:15 - 4:15 copycopy materialsmaterials willwill bebe availableavailable atat thethe conference.conference. OnceOnce available,available, feelfeel freefree toto downloaddownload and/and/ Business Formation to Take the Hay Ground, Horses and Home Rule: Ag Liens: Security Interests and or print the materials in advance of the conference. Greatest Advantage of FSA Rules An Ag Law Year in Review Workout Concerns for Bankers

Bill Bridgforth Kristine Tidgren Robert Hartwig InIn additionaddition toto thethe educationaleducational programming,programming, therethere areare plentyplenty ofof opportunitiesopportunities forfor socialization.socialization. AsAs inin year’syear’s past,past, thethe meetingmeeting willwill onceonce againagain bebe heldheld inin conjunctionconjunction withwith thethe annualannual conferenceconference ofof thethe IowaIowa judges.judges. NewNew thisthis yearyear isis thethe opportunityopportunity forfor YLDYLD membersmembers inin Corporate Counsel Track theirtheir firstfirst threethree yearsyears ofof practicepractice toto attendattend annualannual meetingmeeting CLECLE programmingprogramming freefree ofof charge.charge. 12:45 - 1:45 2:05 - 3:05 3:15 - 4:15 We encourage all ISBA members who fall into this category to attend the event. There is truly Data Breach! Now What? Employment Law Issues Access to Justice: What Does it Mean Christine Moon no better legal networking event in Iowa than the ISBA Annual Meeting. JohnJohn LandeLande Espnola Cartmill andand WhyWhy DoesDoes ItIt Matter?Matter? Some of the planned social events this year include the law school luncheons for Creighton, Drake and Iowa onon MondayMonday JusticeJustice BrentBrent AppelAppel afternoon,afternoon, followedfollowed byby anan I-CubsI-Cubs outingouting atat PrincipalPrincipal ParkPark onon MondayMonday night.night. TuesdayTuesday offersoffers attendeesattendees thethe opportunityopportunity toto attendattend thethe 50-Year50-Year MemberMember LuncheonLuncheon asas wellwell asas thethe ISBAISBA YoungYoung LawyersLawyers DivisionDivision tailgatingtailgating eventevent atat thethe ISBAISBA HeadquartersHeadquarters (wearing(wearing ofof schoolschool colorscolors isis highlyhighly encouraged).encouraged). OnOn WednesdayWednesday night,night, thethe ISBAISBA AnnualAnnual AwardsAwards GalaGala wrapswraps upup thethe 20172017 ISBAISBA Employment Law/Mediation Track Annual Meeting, cappingcapping offoff three-daysthree-days ofof exemplaryexemplary speakers,speakers, timelytimely topicstopics andand unforgettableunforgettable networkingnetworking events.events. 12:45 - 1:45 2:05 - 3:05 3:15 - 3:45 3:45 - 4:15

The Changing Face of That was Then, This is So You Want to Be a InnovationsInnovations inin FamilyFamily LawLaw We look forward to seeing you in June at the Iowa Events Center in downtown Des Moines. Concerted and Protected Now: Changes to Chapter Mediator Mediation Activity in Employment Law 20 Collective Bargaining Darin Harmon Kristen Hall, Douglass Best Regards, JamesJames HankHank Ann Smisek Marberry, Cory McClure Kathleen Law and Christine Moon andand KimberlyKimberly StamatelosStamatelos ISBAISBA AnnualAnnual MeetingMeeting Co-ChairsCo-Chairs

ISBAISBA AnnualAnnual MeetingMeeting CommitteeCommittee Federal Practice Track Hon. Paul Ahlers Susan Mitchell 12:45 - 1:45 2:05 - 3:05 3:15 - 4:15 Introduction to Judge Kelly Mahoney: Immigration Law Update Federal Criminal Procedure Nicole Berman Christine Moon (co-chair) Introduction to Judge Kelly Mahoney: Immigration Law Update Federal Criminal Procedure Views from the Bench, Best Practices, and Kim Blankenship Law Emerging Issues Anthony Carroll Mary Lynn Neuhaus Kim Blankenship Federal Court Practices Speaker TBA Deanna Clingan-Fischer Bridget Penick Hon. Kelly Mahoney Lylea Critelli Ellen Ramsey-Kacena Erin Herbold-Swalwell Steven Reed Timothy Hill Gail Sheridan-Lucht Fundamentals of Law Track Stephen Humke Charles Smith 12:45 - 1:45 2:05 - 3:05 3:15 - 4:15 Erin Lee Schneider Anne Updegraff Court Room Etiquette Common Motions and Pleadings in Practical Landlord Tenant Law JenniferJennifer JuhlerJuhler Tara Van Brederode Hon. Lawrence McLellan, Hon. Michael Civil Matters Christopher Warnock Kathleen Law (co-chair) Lu Ann White Moon, Hon. Stephen Owen and Andrew Boettger Michelle McGovern JohnJohn WoodWood Hon. Nancy Tabor SCHEDULE • MONDAY, JUNE 19

Dear Bar Members: Events We are very excited to invite you to the 2017 Iowa State Bar Association Annual Meeting, 10:00 a.m. 5:30 - 6:30 p.m. being held June 19-21 at the Iowa Events Center (Community Choice Credit Union Registration Opens Joint Presidents’ Reception Convention Center). Over the course of the last nine months, the ISBA Annual Meeting Complimentary to all Annual Meeting attendees Committee has been working tirelessly to put together a stellar conference for Iowa’s legal 10:00 - 11:00 a.m. professionals. With all our hard work, we hope this annual meeting exceeds your expectations. Red Mass 7:00 p.m. This will be the fourth year that the annual meeting has been held at the Iowa Events Center. St. Ambrose Cathedral I-Cubs Outing at Principal Park Register for ticketed event This location is very spacious, allowing for as many as seven tracks to be offered at the same 11:00 a.m. - 12:30 p.m. time. Tracks are organized by attorneys and judges and cover a variety of practice areas. The Law School Luncheons: Creighton University, committee understands that attending the annual meeting is a huge commitment away from Drake University, and the University of Iowa work. With that in mind, we have attempted to provide something for everyone, each day, Register for ticketed event and offer sufficient CLE credit so attendees could participate in this meeting and receive all of the required CLE for the year. We have requested 17 hours of state CLE which includes 4 ethics and 10 federal hours. As Ag Law Track (Sponsored by Iowa Agricultural Development Division - Iowa Finance Authority) part of our continued concern for the environment, we will once again be paperless. No hard 12:45 - 1:45 2:05 - 3:05 3:15 - 4:15 copy materials will be available at the conference. Once available, feel free to download and/ Business Formation to Take the Hay Ground, Horses and Home Rule: Ag Liens: Security Interests and or print the materials in advance of the conference. Greatest Advantage of FSA Rules An Ag Law Year in Review Workout Concerns for Bankers

Bill Bridgforth Kristine Tidgren Robert Hartwig In addition to the educational programming, there are plenty of opportunities for socialization. As in year’s past, the meeting will once again be held in conjunction with the annual conference of the Iowa judges. New this year is the opportunity for YLD members in Corporate Counsel Track their first three years of practice to attend annual meeting CLE programming free of charge. 12:45 - 1:45 2:05 - 3:05 3:15 - 4:15 We encourage all ISBA members who fall into this category to attend the event. There is truly Data Breach! Now What? Employment Law Issues Access to Justice: What Does it Mean no better legal networking event in Iowa than the ISBA Annual Meeting. John Lande Espnola Cartmill and Why Does It Matter? Some of the planned social events this year include the law school luncheons for Creighton, Drake and Iowa on Monday Justice Brent Appel afternoon, followed by an I-Cubs outing at Principal Park on Monday night. Tuesday offers attendees the opportunity to attend the 50-Year Member Luncheon as well as the ISBA Young Lawyers Division tailgating event at the ISBA Headquarters (wearing of school colors is highly encouraged). On Wednesday night, the ISBA Annual Awards Gala wraps up the 2017 ISBA Employment Law/Mediation Track Annual Meeting, capping off three-days of exemplary speakers, timely topics and unforgettable networking events. 12:45 - 1:45 2:05 - 3:05 3:15 - 3:45 3:45 - 4:15

The Changing Face of That was Then, This is So You Want to Be a Innovations in Family Law We look forward to seeing you in June at the Iowa Events Center in downtown Des Moines. Concerted and Protected Now: Changes to Chapter Mediator Mediation Activity in Employment Law 20 Collective Bargaining Darin Harmon Kristen Hall, Douglass Best Regards, James Hank Ann Smisek Marberry, Cory McClure Kathleen Law and Christine Moon and Kimberly Stamatelos ISBA Annual Meeting Co-Chairs

ISBA Annual Meeting Committee Federal Practice Track Hon. Paul Ahlers Susan Mitchell 12:45 - 1:45 2:05 - 3:05 3:15 - 4:15 Nicole Berman Christine Moon (co-chair) Introduction to Judge Kelly Mahoney: Immigration Law Update Federal Criminal Procedure Views from the Bench, Best Practices, and Law Emerging Issues Anthony Carroll Mary Lynn Neuhaus Kim Blankenship Federal Court Practices Speaker TBA Deanna Clingan-Fischer Bridget Penick Hon. Kelly Mahoney Lylea Critelli Ellen Ramsey-Kacena Erin Herbold-Swalwell Steven Reed Timothy Hill Gail Sheridan-Lucht Fundamentals of Law Track Stephen Humke Charles Smith 12:45 - 1:45 2:05 - 3:05 3:15 - 4:15 Erin Lee Schneider Anne Updegraff Court Room Etiquette Common Motions and Pleadings in Practical Landlord Tenant Law Jennifer Juhler Tara Van Brederode Hon. Lawrence McLellan, Hon. Michael Civil Matters Christopher Warnock Kathleen Law (co-chair) Lu Ann White Moon, Hon. Stephen Owen and Andrew Boettger Michelle McGovern John Wood Hon. Nancy Tabor Judges Track #1 Fundamentals of Law Track 12:45 - 1:45 2:05 - 4:15 9:20 - 10:20 10:20 - 10:50 11:00 - 12:00 1:30 - 2:30 2:30 - 3:00 3:20 - 4:20 4:30 - 5:00 Update on Sentencing Chart and Current Sentencing The Science of Eyewitness Memory Drafting and The Client Juvenile Court: Motions in Direct and Acing the Criminal Trial Issues Prof. Gary Wells Executing Interview What You Need Criminal Trials Cross Exams in Closing Workshop Hon. Michael Mullins Wills Meredith to Know to Hit Steven Drahozal Criminal Trials Argument Steven Drahozal, Steven Reed Nerem the Ground Heather Jackson Aaron Heather Jackson Running Badovinac and Hawbaker Badovinac and Judges Track #2 Nicole Facio Sarah Keely Sarah Keely 12:45 - 1:45 2:05 - 4:15 Search and Seizure Update Search and Seizure Advanced Topics Judges Track #1 Hon. Mark McGinnis Hon. Mark McGinnis 9:20 - 10:50 11:00 - 12:00 3:20 - 4:20 Marijuana and Driving Common Errors in Criminal Proceedings Proposed Changes to Child Support Guidelines Plenary Track Carl Dawson Hon. Christopher McDonald Hon. Chad Kepros and Hon. Eliza Ovrom 4:15 - 5:30 Ethical Forms of Billing Judges Track #2 Nick Critelli 9:20 - 10:50 11:00 - 12:00 1:30 - 3:00 Civil Litigation Update Expedited Civil Actions Update Criminal Law Update Hon. Paul Ahlers Justice Edward Mansfield B. John Burns • SCHEDULE TUESDAY, JUNE 20 Juvenile Law Track 1:30 - 2:30 2:30 - 3:00 3:20 - 4:20 4:30 - 5:00 Events Case Law and Juvenile Court to District Effective Parent Best Practices in Delinquency Legislative Update Court: Guardianship and Representation: Spotlight Detention: Shackling 7:00 a.m. 1:30 - 4:30 p.m. Prof. Brent Pattison Jurisdiction on Education Law Prof. Brent Pattison and Erin Romar Registration Opens YLD Meeting Prof. Jerry Foxhoven Thomas Mayes

7:00 - 8:00 a.m. 5:15 - 6:15 p.m. Litigation Track Open AA Meeting Open AA Meeting 11:00 - 12:00 3:20 - 4:20 4:30 - 5:00 7:00 - 8:00 a.m. 5:15 - 6:15 p.m. Let’s Make a Deal: Strategies for iLitigation: Essential Apps and How to Be an Expert on Experts Open Al-Anon Meeting Open Al-Anon Meeting Negotiating With (or Without) Mediation Websites for Litigators Megan Dimitt David Baker and Timothy Semelroth Robert Livingston and Joseph Moser 12:00 - 1:30 p.m. 5:30 - 8:30 p.m. YLD Tailgate at the ISBA Headquarters 50-Year Member Luncheon Probate Track Register for ticketed event Sponsored by ARAG Complimentary to all Annual Meeting attendees 9:20 - 9:50 9:50 - 10:20 10:30 - 11:00 11:00 - 12:00 1:30 - 2:15 2:15 - 3:00 3:20 - 5:00 12:00 - 1:30 p.m. Legislative ABLE Income Tax Current Issues Assessing Life Using Our Conservatorship Probate Track Luncheon Event attendees are encouraged to show their school spirit by Update Accounts Considerations for Trust and Policies in New Digital and Guardianship Register for ticketed event sporting their favorite collegiate gear. Come join your peers Travis Jenna in Estate Estate Lawyers ILITs Assets Act Task Force in a fun night of games, food, music and great company. Cavanaugh Luttenegger Planning Paul Morf, Greg Kiser Josh Recommendations Weiler Jessica Doro Michel Nelson Weidemann Prof. Josephine and Wayne Gittler and Justice Access to Justice Track Reames Bruce Zager 9:20 - 10:20 10:20 - 10:50 11:00 - 12:00 Variety Track Law Office Incubators Update from the Access to Justice A Closer Look at the Importance of Civil Fred Rooney Commission Legal Services on Battered Women 9:20 - 10:20 10:20 - 10:50 11:00 - 12:00 Speaker TBA Dr. Carolyn Hartley, Dr. Lynette Renner Review of Government Decision Becoming a Better Lawyer: Federal Trade Commission and Data and Jessica Taylor Making Navigating Psychological Pitfalls in Security Rebecca Brommel, James Byrne and Your Practice Thomas Walton Hon. Scott Rosenberg Lawrence Scanlon Case Law Track 9:20 - 10:50 11:00 - 12:00 1:30 - 3:00 3:20 - 4:20 Plenary Track Civil Case Law Update Expedited Civil Actions Criminal Law Update Workers Compensation 8:00 - 9:00 Hon. Paul Ahlers Update B. John Burns Update The Office of Professional Regulation’s Report Justice Edward Mansfield Andrew Giller Tre Critelli Judges Track #1 Fundamentals of Law Track 12:45 - 1:45 2:05 - 4:15 9:20 - 10:20 10:20 - 10:50 11:00 - 12:00 1:30 - 2:30 2:30 - 3:00 3:20 - 4:20 4:30 - 5:00 Update on Sentencing Chart and Current Sentencing The Science of Eyewitness Memory Drafting and The Client Juvenile Court: Motions in Direct and Acing the Criminal Trial Issues Prof. Gary Wells Executing Interview What You Need Criminal Trials Cross Exams in Closing Workshop Hon. Michael Mullins Wills Meredith to Know to Hit Steven Drahozal Criminal Trials Argument Steven Drahozal, Steven Reed Nerem the Ground Heather Jackson Aaron Heather Jackson Running Badovinac and Hawbaker Badovinac and Judges Track #2 Nicole Facio Sarah Keely Sarah Keely 12:45 - 1:45 2:05 - 4:15 Search and Seizure Update Search and Seizure Advanced Topics Judges Track #1 Hon. Mark McGinnis Hon. Mark McGinnis 9:20 - 10:50 11:00 - 12:00 3:20 - 4:20 Marijuana and Driving Common Errors in Criminal Proceedings Proposed Changes to Child Support Guidelines Plenary Track Carl Dawson Hon. Christopher McDonald Hon. Chad Kepros and Hon. Eliza Ovrom 4:15 - 5:30 Ethical Forms of Billing Judges Track #2 Nick Critelli 9:20 - 10:50 11:00 - 12:00 1:30 - 3:00 Civil Litigation Update Expedited Civil Actions Update Criminal Law Update Hon. Paul Ahlers Justice Edward Mansfield B. John Burns

Juvenile Law Track 1:30 - 2:30 2:30 - 3:00 3:20 - 4:20 4:30 - 5:00 Events Case Law and Juvenile Court to District Effective Parent Best Practices in Delinquency Legislative Update Court: Guardianship and Representation: Spotlight Detention: Shackling 7:00 a.m. 1:30 - 4:30 p.m. Prof. Brent Pattison Jurisdiction on Education Law Prof. Brent Pattison and Erin Romar Registration Opens YLD Meeting Prof. Jerry Foxhoven Thomas Mayes

7:00 - 8:00 a.m. 5:15 - 6:15 p.m. Litigation Track Open AA Meeting Open AA Meeting 11:00 - 12:00 3:20 - 4:20 4:30 - 5:00 7:00 - 8:00 a.m. 5:15 - 6:15 p.m. Let’s Make a Deal: Strategies for iLitigation: Essential Apps and How to Be an Expert on Experts Open Al-Anon Meeting Open Al-Anon Meeting Negotiating With (or Without) Mediation Websites for Litigators Megan Dimitt David Baker and Timothy Semelroth Robert Livingston and Joseph Moser 12:00 - 1:30 p.m. 5:30 - 8:30 p.m. YLD Tailgate at the ISBA Headquarters 50-Year Member Luncheon Probate Track Register for ticketed event Sponsored by ARAG Complimentary to all Annual Meeting attendees 9:20 - 9:50 9:50 - 10:20 10:30 - 11:00 11:00 - 12:00 1:30 - 2:15 2:15 - 3:00 3:20 - 5:00 12:00 - 1:30 p.m. Legislative ABLE Income Tax Current Issues Assessing Life Using Our Conservatorship Probate Track Luncheon Event attendees are encouraged to show their school spirit by Update Accounts Considerations for Trust and Policies in New Digital and Guardianship Register for ticketed event sporting their favorite collegiate gear. Come join your peers Travis Jenna in Estate Estate Lawyers ILITs Assets Act Task Force in a fun night of games, food, music and great company. Cavanaugh Luttenegger Planning Paul Morf, Greg Kiser Josh Recommendations Weiler Jessica Doro Michel Nelson Weidemann Prof. Josephine and Wayne Gittler and Justice Access to Justice Track Reames Bruce Zager 9:20 - 10:20 10:20 - 10:50 11:00 - 12:00 Variety Track Law Office Incubators Update from the Access to Justice A Closer Look at the Importance of Civil Fred Rooney Commission Legal Services on Battered Women 9:20 - 10:20 10:20 - 10:50 11:00 - 12:00 Speaker TBA Dr. Carolyn Hartley, Dr. Lynette Renner Review of Government Decision Becoming a Better Lawyer: Federal Trade Commission and Data and Jessica Taylor Making Navigating Psychological Pitfalls in Security Rebecca Brommel, James Byrne and Your Practice Thomas Walton Hon. Scott Rosenberg Lawrence Scanlon Case Law Track 9:20 - 10:50 11:00 - 12:00 1:30 - 3:00 3:20 - 4:20 Plenary Track Civil Case Law Update Expedited Civil Actions Criminal Law Update Workers Compensation 8:00 - 9:00 Hon. Paul Ahlers Update B. John Burns Update The Office of Professional Regulation’s Report Justice Edward Mansfield Andrew Giller Tre Critelli SCHEDULE • WEDNESDAY, JUNE 21 FundamentalsFundamentals ofof LawLaw TrackTrack 8:008:00 -- 9:009:00 9:109:10 -- 10:1010:10 10:3010:30 -- 11:3011:30 1:301:30 -- 2:302:30 2:402:40 -- 3:403:40 TrustTrust AccountsAccounts What’sWhat’s BetweenBetween MeMe andand AA 1/31/3 NutsNuts && BoltsBolts ofof IowaIowa MentalMental HealthHealth FundamentalsFundamentals EventsEvents TrinityTrinity Braun-AranaBraun-Arana Fee?Fee? -- LandminesLandmines inin GeneralGeneral ResidentialResidential RealReal CommitmentsCommitments andand ofof Workers’Workers’ PersonalPersonal InjuryInjury ClaimsClaims EstateEstate TransactionsTransactions Guardianships/Guardianships/ CompensationCompensation 7:007:00 a.m.a.m. 12:0012:00 -- 1:301:30 p.m.p.m. TimothyTimothy SemelrothSemelroth TimothyTimothy GartinGartin ConservatorshipsConservatorships AshleyAshley GrieserGrieser RegistrationRegistration OpensOpens LuncheonLuncheon HonoringHonoring thethe IowaIowa SupremeSupreme CourtCourt AmyAmy MooreMoore SponsoredSponsored byby IowaIowa TitleTitle GuarantyGuaranty 7:007:00 -- 8:008:00 a.m.a.m. RegisterRegister forfor ticketedticketed eventevent OpenOpen AAAA MeetingMeeting JudgesJudges TrackTrack #1#1 1:301:30 -- 5:005:00 p.m.p.m. 7:007:00 -- 8:008:00 a.m.a.m. 9:109:10 -- 10:1010:10 10:3010:30 –– 11:3011:30 1:301:30 -- 3:403:40 ISBAISBA BoardBoard ofof GovernorsGovernors MeetingMeeting OpenOpen Al-AnonAl-Anon MeetingMeeting JudicialJudicial BranchBranch LegislativeLegislative UpdateUpdate BeingBeing aa Trauma-InformedTrauma-Informed JudgeJudge BestBest PracticesPractices forfor JudgesJudges inin CustodyCustody BOGBOG MeetingMeeting willwill continuecontinue onon Thursday,Thursday, JuneJune 2222 SydneySydney KronkowKronkow Hon.Hon. RomondaRomonda BelcherBelcher andand andand ParentingParenting PlansPlans 7:00 - 8:30 a.m. 7:00 - 8:30 a.m. 5:155:15 -- 6:156:15 p.m.p.m. Hon.Hon. ColinColin WittWitt JennyJenny SchulzSchulz ISBA Foundation Fellows Breakfast ISBA Foundation Fellows Breakfast OpenOpen AAAA MeetingMeeting By invitation only By invitation only LitigationLitigation TrackTrack 5:155:15 -- 6:156:15 p.m.p.m. 9:009:00 a.m.a.m. -- 12:0012:00 p.m.p.m. 8:00 - 9:00 9:10 - 10:10 10:30 - 12:00 1:30 - 2:30 2:40 – 3:10 3:10 – 3:40 OpenOpen Al-AnonAl-Anon MeetingMeeting 8:00 - 9:00 9:10 - 10:10 10:30 - 12:00 1:30 - 2:30 2:40 – 3:10 3:10 – 3:40 ISBAISBA FoundationFoundation BoardBoard MeetingMeeting ADBADB Update:Update: FLSAFLSA andand OtherOther FromFrom FacebookFacebook toto TipsTips forfor AA AppellateAppellate MotionMotion TheThe LongLong Game:Game:

6:156:15 p.m.p.m. BuildingBuilding youryour EmploymentEmployment Echo-DiscoveringEcho-Discovering SuccessfulSuccessful PracticePractice NeedNeed –to-Know–to-Know 9:009:00 a.m.a.m. ISBAISBA AnnualAnnual AwardsAwards GalaGala EthicsEthics SafetySafety TopicsTopics ElectronicElectronic MediationMediation TylerTyler BullerBuller ErrorError PreservationPreservation IowaIowa CourtCourt ofof AppealsAppeals OralOral ArgumentsArguments RegisterRegister forfor ticketedticketed eventevent NetNet JillJill Jensen-WelchJensen-Welch EvidenceEvidence DavidDavid Baker,Baker, PrinciplesPrinciples toto 10:3010:30 a.m.a.m. TaraTara vanvan ChristineChristine Branstad,Branstad, DwightDwight JamesJames ProtectProtect YourYour CaseCase IowaIowa CourtCourt ofof AppealsAppeals OralOral ArgumentsArguments BrederodeBrederode IgorIgor Dobrosavljević,Dobrosavljević, andand MaryMary LynnLynn onon AppealAppeal ScottScott Gratias,Gratias, Hon.Hon. NeuhausNeuhaus KelliKelli HuserHuser andand ScottScott RosenbergRosenberg VidhyaVidhya ReddyReddy CommercialCommercial andand BankruptcyBankruptcy LawLaw TrackTrack andand BrettBrett TroutTrout 8:008:00 -- 9:009:00 9:109:10 -- 10:1010:10 10:3010:30 -- 11:1511:15 11:3011:30 -- 12:0012:00 ChapterChapter 1212 FamilyFamily FarmFarm BankruptcyBankruptcy LawLaw UpdateUpdate AA UCCUCC ArticleArticle 99 PrimerPrimer StudentStudent LoanLoan Debt:Debt: TheThe PlenaryPlenary TrackTrack andand BankruptcyBankruptcy VenueVenue Hon.Hon. ThadThad CollinsCollins andand Prof.Prof. MatthewMatthew DoréDoré TrillionTrillion DollarDollar ProblemProblem 4:004:00 -- 5:005:00 ReformReform KeepingKeeping CasesCases NearNear Hon.Hon. AnitaAnita ShodeenShodeen NancyNancy ThompsonThompson EthicsEthics JeopardyJeopardy thethe BusinessesBusinesses MichaelMichael StreitStreit JosephJoseph PeifferPeiffer RealReal EstateEstate TrackTrack (Sponsored(Sponsored byby IowaIowa TitleTitle Guaranty)Guaranty) ElderElder LawLaw TrackTrack 1:301:30 -- 2:302:30 2:402:40 -- 3:403:40 8:008:00 -- 9:009:00 9:109:10 -- 10:1010:10 10:3010:30 -- 12:0012:00 1:301:30 -- 2:402:40 2:402:40 -- 3:403:40 CurrentCurrent IssuesIssues inin PartitionPartition LawLaw inin IowaIowa ConservatorshipConservatorship andand PowerPower ofof AttorneyAttorney IssuesIssues inin RealReal EstateEstate MedicaidMedicaid andand ManagedManaged Care:Care: MediationMediation inin thethe GettingGetting OldOld Ain’tAin’t MedicalMedical CapacityCapacity LegalLegal CapacityCapacity DanielDaniel FischerFischer andand JimJim NervigNervig MarkMark CordCord HelpingHelping YourYour ClientClient withwith ElderElder LawLaw WorldWorld forfor Dummies:Dummies: Dr.Dr. RobertRobert BenderBender FrankFrank TenutaTenuta GrievancesGrievances andand AppealsAppeals KristenKristen HallHall HelpingHelping YourYour ClientClient CyndyCyndy Miller,Miller, ElizabethElizabeth NorrisNorris andand toto AchieveAchieve HealthHealth GENERALGENERAL INFORMATIONINFORMATION KelliKelli ToddTodd LiteracyLiteracy JoJo KlineKline CebuharCebuhar EventEvent LocationLocation UnlessUnless otherwiseotherwise noted,noted, allall annualannual meetingmeeting CLECLE trackstracks andand socialsocial eventsevents taketake placeplace atat thethe IowaIowa EventsEvents CenterCenter (Community(Community ChoiceChoice FamilyFamily LawLaw TrackTrack CreditCredit UnionUnion ConventionConvention Center)Center) locatedlocated atat 833833 5th5th Ave.,Ave., DesDes Moines,Moines, IowaIowa 50309.50309. 8:008:00 -- 9:009:00 9:109:10 -- 10:1010:10 10:3010:30 -- 11:3011:30 11:3011:30 -- 12:0012:00 1:301:30 -- 2:302:30 2:402:40 -- 3:403:40 MaterialsMaterials FamilyFamily LawLaw ProposedProposed ChangesChanges Identify,Identify, Value,Value, UsingUsing ChildChild RepresentingRepresenting AlcoholismAlcoholism andand InIn anan efforteffort toto keepkeep costscosts down,down, andand toto bebe asas “green”“green” asas possible,possible, thethe 20172017 ISBAISBA AnnualAnnual MeetingMeeting willwill bebe paperless.paperless. TheThe ISBAISBA willwill CaseCase UpdateUpdate inin thethe ChildChild andand Distribute:Distribute: AbuseAbuse AssessmentAssessment ChildrenChildren inin Addiction:Addiction: HelpingHelping provideprovide digitaldigital copiescopies ofof thethe materialsmaterials toto allall conferenceconference attendeesattendees viavia anan onlineonline materialsmaterials pagepage wherewhere attendeesattendees cancan downloaddownload thethe materials prior to the conference. It is strongly suggested that attendees download the materials in advance of the event. JamesJames MeadeMeade SupportSupport GuidelinesGuidelines AA LookLook IntoInto SummariesSummaries andand DHSDHS FamilyFamily LawLaw TheThe Non-AlcoholicNon-Alcoholic materials prior to the conference. It is strongly suggested that attendees download the materials in advance of the event. KevinKevin Kaufman,Kaufman, CommonCommon andand InvestigationsInvestigations inin thethe CasesCases andand SpouseSpouse inin AA FamilyFamily TrackTrack AttendanceAttendance Hon.Hon. ChadChad Kepros,Kepros, UniqueUnique IssuesIssues FamilyFamily LawLaw CaseCase ChangesChanges toto IowaIowa LawLaw CaseCase AllAll ISBAISBA AnnualAnnual MeetingMeeting attendeesattendees areare welcomewelcome toto attendattend anyany ofof thethe CLECLE sessionssessions listedlisted above,above, includingincluding thethe judgesjudges tracks.tracks. Hon.Hon. ElizaEliza OvromOvrom inin EquitableEquitable CoryCory McClure,McClure, EllenEllen CodeCode §598.12§598.12 DianeDiane Dornburg,Dornburg, CLECLE CreditCredit InformationInformation andand MarlisMarlis RobbertsRobberts DistributionDistribution Ramsey-KacenaRamsey-Kacena andand LoraLora McCollomMcCollom SherrieSherrie NelsonNelson andand 1717 statestate hourshours ofof CLECLE creditcredit whichwhich includesincludes 44 ethicsethics andand 1010 federalfederal hourshours hashas beenbeen appliedapplied for.for. TheThe numbernumber ofof CLECLE creditscredits earnedearned Joseph Pavelich Kristi Traynor Teresa Furneaux Joseph Pavelich Kristi Traynor Teresa Furneaux dependsdepends onon trackstracks attended.attended. Fundamentals of Law Track 8:00 - 9:00 9:10 - 10:10 10:30 - 11:30 1:30 - 2:30 2:40 - 3:40 Trust Accounts What’s Between Me and A 1/3 Nuts & Bolts of Iowa Mental Health Fundamentals Events Trinity Braun-Arana Fee? - Landmines in General Residential Real Commitments and of Workers’ Personal Injury Claims Estate Transactions Guardianships/ Compensation 7:00 a.m. 12:00 - 1:30 p.m. Timothy Semelroth Timothy Gartin Conservatorships Ashley Grieser Registration Opens Luncheon Honoring the Iowa Supreme Court Amy Moore Sponsored by Iowa Title Guaranty 7:00 - 8:00 a.m. Register for ticketed event Open AA Meeting Judges Track #1 1:30 - 5:00 p.m. 7:00 - 8:00 a.m. 9:10 - 10:10 10:30 – 11:30 1:30 - 3:40 ISBA Board of Governors Meeting Open Al-Anon Meeting Judicial Branch Legislative Update Being a Trauma-Informed Judge Best Practices for Judges in Custody BOG Meeting will continue on Thursday, June 22 Sydney Kronkow Hon. Romonda Belcher and and Parenting Plans 7:00 - 8:30 a.m. 5:15 - 6:15 p.m. Hon. Colin Witt Jenny Schulz ISBA Foundation Fellows Breakfast Open AA Meeting By invitation only Litigation Track 5:15 - 6:15 p.m. 9:00 a.m. - 12:00 p.m. Open Al-Anon Meeting 8:00 - 9:00 9:10 - 10:10 10:30 - 12:00 1:30 - 2:30 2:40 – 3:10 3:10 – 3:40 ISBA Foundation Board Meeting ADB Update: FLSA and Other From Facebook to Tips for A Appellate Motion The Long Game:

6:15 p.m. Building your Employment Echo-Discovering Successful Practice Need –to-Know 9:00 a.m. ISBA Annual Awards Gala Ethics Safety Topics Electronic Mediation Tyler Buller Error Preservation Iowa Court of Appeals Oral Arguments Register for ticketed event Net Jill Jensen-Welch Evidence David Baker, Principles to 10:30 a.m. Tara van Christine Branstad, Dwight James Protect Your Case Iowa Court of Appeals Oral Arguments Brederode Igor Dobrosavljević, and Mary Lynn on Appeal Scott Gratias, Hon. Neuhaus Kelli Huser and Scott Rosenberg Vidhya Reddy Commercial and Bankruptcy Law Track and Brett Trout 8:00 - 9:00 9:10 - 10:10 10:30 - 11:15 11:30 - 12:00 Chapter 12 Family Farm Bankruptcy Law Update A UCC Article 9 Primer Student Loan Debt: The Plenary Track and Bankruptcy Venue Hon. Thad Collins and Prof. Matthew Doré Trillion Dollar Problem 4:00 - 5:00 Reform Keeping Cases Near Hon. Anita Shodeen Nancy Thompson Ethics Jeopardy the Businesses Michael Streit Joseph Peiffer Real Estate Track (Sponsored by Iowa Title Guaranty) Elder Law Track 1:30 - 2:30 2:40 - 3:40 8:00 - 9:00 9:10 - 10:10 10:30 - 12:00 1:30 - 2:40 2:40 - 3:40 Current Issues in Partition Law in Iowa Conservatorship and Power of Attorney Issues in Real Estate Medicaid and Managed Care: Mediation in the Getting Old Ain’t Medical Capacity Legal Capacity Daniel Fischer and Jim Nervig Mark Cord Helping Your Client with Elder Law World for Dummies: Dr. Robert Bender Frank Tenuta Grievances and Appeals Kristen Hall Helping Your Client Cyndy Miller, Elizabeth Norris and to Achieve Health GENERAL INFORMATION Kelli Todd Literacy Jo Kline Cebuhar Event Location Unless otherwise noted, all annual meeting CLE tracks and social events take place at the Iowa Events Center (Community Choice Family Law Track Credit Union Convention Center) located at 833 5th Ave., Des Moines, Iowa 50309. 8:00 - 9:00 9:10 - 10:10 10:30 - 11:30 11:30 - 12:00 1:30 - 2:30 2:40 - 3:40 Materials Family Law Proposed Changes Identify, Value, Using Child Representing Alcoholism and In an effort to keep costs down, and to be as “green” as possible, the 2017 ISBA Annual Meeting will be paperless. The ISBA will Case Update in the Child and Distribute: Abuse Assessment Children in Addiction: Helping provide digital copies of the materials to all conference attendees via an online materials page where attendees can download the James Meade Support Guidelines A Look Into Summaries and DHS Family Law The Non-Alcoholic materials prior to the conference. It is strongly suggested that attendees download the materials in advance of the event. Kevin Kaufman, Common and Investigations in the Cases and Spouse in A Family Track Attendance Hon. Chad Kepros, Unique Issues Family Law Case Changes to Iowa Law Case All ISBA Annual Meeting attendees are welcome to attend any of the CLE sessions listed above, including the judges tracks. Hon. Eliza Ovrom in Equitable Cory McClure, Ellen Code §598.12 Diane Dornburg, CLE Credit Information and Marlis Robberts Distribution Ramsey-Kacena and Lora McCollom Sherrie Nelson and 17 state hours of CLE credit which includes 4 ethics and 10 federal hours has been applied for. The number of CLE credits earned Joseph Pavelich Kristi Traynor Teresa Furneaux depends on tracks attended. REGISTRATION FORM • 2017 ANNUAL MEETING Judges, law clerks, and judicial branch staff attorneys will receive registration information from the Iowa Judicial Branch

Name: ______Member #: ______Phone #: ______

Address: ______City, State, Zip: ______

E-mail: ______

Registration Fees: Prices below reflect the early-bird registration fees. Registering after June 5 will result in a $50 late fee being added on to the registration fee amounts below.

Full Seminar Registration Individual Day Registration ISBA Members (6 Years or More) - $325 Only Monday (ISBA Members) - $150 ISBA YLD (Years 4-5) - $225 Only Monday (Non-ISBA Members) - $175 ISBA YLD (Years 1-3) - Free Only Tuesday (ISBA Members) - $175 Non-ISBA Members - $435 Only Tuesday (Non-ISBA Members) - $235 Paraprofessional (Legal Assistants & Office Employees) - $125 Only Wednesday (ISBA Members) - $175 Law Students - Free Only Wednesday (Non-ISBA Members) - $235

Social Events (If only attending complimentary events, you must register above for Annual Meeting): Creighton University Law School Luncheon (Monday, June 19) $25 each $______Drake University Law School Luncheon (Monday, June 19) $25 each $______University of Iowa College of Law Luncheon (Monday, June 19) $25 each $______Joint Presidents’ Reception (Monday, June 19) Complimentary to Annual Meeting attendees I-Cubs Outing at Principal Park (Monday, June 19) $7 each $______50-Year Member Luncheon (Tuesday, June 20) $25 each $______Probate Track Luncheon (Tuesday, June 20) $25 each $______YLD Tailgate at the ISBA Headquarters (Tuesday, June 20) Complimentary to Annual Meeting attendees Luncheon Honoring the Iowa Supreme Court (Wednesday, June 21) $25 each $______ISBA Annual Awards Gala (Wednesday, June 21) $60 each $______

TOTAL (registration fee and social event expenses): $______

Method of Payment: ___ Check enclosed Check Number ______Master Card ___ Visa ___ American Express ___ CLE Season Pass (registration fees only)

Credit Card #: ______Exp. Date: ______

Cardholder Signature: ______

Special Considerations (dietary, hearing, vision, etc.): ______Return registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, Iowa 50309 or fax (515) 243-2511 For questions: phone (515) 697-7874 or e-mail [email protected] Cancellation policy: Registration refunds will be issued only if written notification is received by the bar office by June 5, 2017. Written notification can be mailed, faxed, or e-mailed to the bar office. Hotel Information Des Moines Marriott Downtown Hampton Inn Downtown Holiday Inn Mercy Campus 700 Grand Avenue 120 SW Water Street 1050 6th Avenue Des Moines 50309 Des Moines, IA 50309 Des Moines, IA 50314 (515) 245-5500 (515) 244-1650 (515) 283-0151 Room Rate: $143 +tax Room Rate: $139 +tax Room Rate: $109 +tax Reservation Deadline: May 23 Reservation Deadline: May 15 Reservation Deadline: May 22 YLD Mentorship Program continues to grow Applications for next year’s program are due May 19 By Reed McManigal, YLD President

Last month, a new batch of young attorneys was sworn in to practice law in the State of Iowa. I was one of several members of the Iowa Bar fortunate enough to address the group before they were sworn in. Standing between these attorneys, their hard work and bar passage, and their pending admission to the Iowa bar, is a great honor. It’s also a time to be brief and get out of the way. As I sat Reed McManigal there listening to accomplished Iowa attorneys, bar examiners and justices address the group, a consistent theme emerged. It struck me when Iowa YLD President Reed McManigal addresses newly sworn-in attorneys. Seated, to the right, Supreme Court Justice David Wiggins repeated advice he had is Iowa Supreme Court Justice David Wiggins. received from an older attorney years ago when he was beginning his practice as a young attorney. The unofficial theme mentor or mentee, chances are they will be able to share their own each speaker highlighted, without naming, was mentoring. success story with you. Friendships have been forged, job opportu- Mentoring means different things to different people. The Young nities have been identified, best practices have been shared and the Lawyers Division of The Iowa State Bar Association views mentoring pitfalls of being a new lawyer have been avoided. Hopefully, this as an opportunity to provide our members with access to resources, program has helped to create relationships among attorneys that support and advice from those who have toiled in the trenches. The will last for years to come, further ensuring collegiality in the Iowa YLD Mentoring Program has more than 150 participants across legal community. the state. Mentors and mentees participate in the program for any What’s next? Applications for next year’s program are available and number of reasons, including advice, networking, friendship and due on May 19. Pairings will be made roughly three weeks later before comradery. The number of program participants continues to grow, the ISBA Annual Meeting. We’ve made time to encourage those but we can continue to serve as many mentors and mentees who attending the ISBA Annual Meeting to meet their mentor or mentee would like to participate. at the YLD Tailgate in the Lot on June 20. Ian Russell, former YLD President, started the initiative that We are excited to keep this program growing and proud that Iowa was carried forward and implemented under former YLD Presi- is one of just a handful of states investing the time and resources in dent Amos Hill. The program’s initial success turned an idea into a mentorship program. arguably the most valuable YLD program available. As an Executive I encourage you to reach out to any of the members of the YLD Council, we’ve repeatedly asked YLD members what services we Mentorship Committee with questions. Members of the committee provide that directly benefit them. To that repetitive question, we’ve include Maggie White (Chair), Kay Oskvig, Hope Wood, Ashley received a repetitive answer: mentorship. Each year, the YLD and Leyda Walkup, Scott Hall, Ian Russell, Thomas Hillers, Parker ISBA provide significant resources to match mentees and mentors, Thirnbeck, Erin Lee Schneider, Jennifer Zwagerman and myself. provide materials and distribute information on the program. You can reach out directly to this entire group by emailing us at What’s going well? If you get the opportunity to talk with a [email protected].

Business Valuations & Litigation Support

Al Ryerson Greg Weber Jim Nalley Jennifer Julander CPA/ABV, CFF, ASA CPA/ABV, ASA CPA/ABV, CFF, CVA ASA

1707 High Street | Des Moines, IA 50309 515.282.8019 | www.bccadvisers.com

THE IOWA LAWYER May 2017 23 YLD launches anonymous questions forum for new attorneys By Maggie White, YLD Secretary

Seven weeks into the practice of law, I had my first oral argument. I was assigned to a panel of judges, all of whom were older and male. As a young female, I knew I would feel more comfortable arguing in a pantsuit, but I wasn’t sure if it would offend any of the judges if I didn’t wear a skirt. I had no idea who I could go to with this question. I would have felt comfortable asking a classmate, but none of them Maggie White had argued in front of these judges either. Everyone else I knew who had experience arguing in this court was so much older that I didn’t want them to think I was silly or stupid for having a question like this. Other young lawyers have shared similar experiences with The YLD Executive Council met at the bar headquarters on Friday, April 21 for their Spring me: “I got assigned to draft a motion in limine. I barely know Meeting. They discussed the anonymous questions forum and other upcoming projects that have a goal to better serve Iowa’s new attorneys. how to SPELL ‘limine,’ let alone what’s supposed to go in the motion!” “I’m supposed to defend a deposition next week. I know you can make objections, but I have no clue what those shared after identifying information has been removed. objections are or when I should make them.” “My boss wants One goal of the YLD is to increase membership value for me to cover an unemployment appeal hearing next week. She young lawyers and we hope Ask An Advocate will be a helpful sounds like this is something I should know how to do, but I resource. Anonymous questions may involve topics such as law have no idea what to expect.” firm environments, court rules, legal research, procedural rules, The Executive Council of the Young Lawyers Division has practical applications of the law, client relations and other issues launched “Ask An Advocate”—an anonymous questions forum that may be unclear to a new or less experienced attorney. Ask to help provide a safe space for young attorneys to ask questions An Advocate is an informational tool and is not intended to be a like these without the fear of embarrassment or intimidation. forum for young lawyers to find new employment. Simply e-mail your question (however basic, silly or minor you If you have any comments, questions or feedback about the might think it is!) to [email protected]. The list serve is forum, please send them to me. Ultimately, we want this to be a moderated by ISBA staff, and all inquiries and responses are only service provided to young lawyers, which can only happen if it meets the needs of our members. We’re very open to ideas on how to improve as we get this forum up and running and would love to hear from you. I can be contacted at 515-345-4630 or WHAT’S IT WORTH? [email protected]. IT DEPENDS ON WHO IS SELLING IT C. Bradley Price DreamDirt.com Mediation Services Don't let your clients risk average results Civil & Commercial Disputes LAND BROKERS | AUCTIONEERS | APPRAISERS 35 Years Litigation Experience, AV Rated, Member, American Academy of ADR Attorneys, Jason Smith, CAI Iowa Academy of Trial Lawyers, Phone (855)376-3478 19 Years Experience as Mediator [email protected] Licensed in IA, NE, MO, ND [email protected] 641-423-1173 DreamDirt Farm & Ranch Real Estate, LLC 101 S. Noyes St • Mondamin, IA • 51557

24 THE IOWA LAWYER May 2017

Devries Ad.indd 1 4/24/17 1:44 PM TRANSITIONS Allyson C. Dirksen has Micah J. Schreurs has Jessica Taylor, formerly a been named a partner in the joined Woods, Fuller, Shultz Senior Staff Attorney with Iowa Heidman Law firm in Sioux & Smith P.C. in Sioux Falls, Legal Aid, was recently promoted City. She received her J.D. from South Dakota, as an attorney. to Managing Attorney of Iowa Creighton University School of Micah earned his J.D. from the Legal Aid’s newly funded Pro Law in 2011. Dirksen maintains a University of Iowa College of Law Bono Revitalization Project in its practice focused on agricultural and has practiced law in Sheldon Des Moines office. She will also Dirksen law, employment law, healthcare Schreurs for over 15 years. His practice Taylor be managing Iowa Legal Aid’s law, municipal law, real estate, will focus on litigation, municipal Farmworker Project. Taylor has estate and probate, and general law, employment matters, family been an employee of Iowa Legal business law. law, real estate and probate in the firm’s offices in Aid since July 2007. Sheldon and Sioux Center. David Fautsch has joined Jenny L. Van Kekerix The Weinhardt Law Firm in Des Monika Sehic has joined has joined Deck Law, LLP, in Moines. He received his J.D. Faegre Baker Daniels in Des Sioux City as an associate. from the University of Michigan Moines as an associate. She She received her J.D. from the Law School in 2011. Fautsch received her J.D. from Drake Uni- University of South Dakota School works in the areas of complex versity Law School in 2016. Sehic of Law in 2016. Van Kekerix is civil disputes, white collar criminal will represent clients in business currently licensed in Iowa and defense, internal investigations, and commercial disputes in state, pursuing licensure in Nebraska Van Kekerix Fautsch trial practice and appeals. federal and arbitral forums across and South Dakota. Sehic the nation. Marcus Gross, Jr. has TRANSITIONS SUBMISSIONS joined Salvo, Deren, Schenck, recently Jordan M. Talsma To submit a transition item, please follow the same style Swain & Argotsinger, P.C. in joined the law firm Beecher, Field, published here and keep submissions short and to the point. Harlan as a partner. Gross has Walker, Morris, Hoffman and The focus of the announcement should be on the individual been Shelby County Attorney and Johnson, P.C., in Waterloo as an involved, not the law firm. in solo private practice in Harlan associate. He received his J.D. Please include a high-resolution (300 dpi) color photo of since 2003. The new name of the from the University of Nebraska the individual in the “.jpg” format and the announcement law firm is Salvo, Deren, Schenck, College of Law in 2015. Talsma as plain text or as a Microsoft Word “.doc.” Gross Gross, Swain & Argotsinger, P.C. Talsma will practice primarily in civil E-mail submissions to [email protected]. litigation, personal injury and Include office phone numberand name of person furnishing Barry A. Lindahl has been family law. the copy. Questions? Please call 515-697-7864. named senior counsel to the City of Dubuque. He received his J.D. from the University of Iowa College of Law, where he is an Manage Exchange adjunct faculty member teaching Need and Professional Risk trial advocacy. Lindahl previ- Business Valuations ously served as City Attorney in Lindahl with the Midwest’s Dubuque from 1975 to 2016. and Litigation Support? Premier Exchange Joseph F. Moser has Resource joined Finley Law Firm, P.C. in Des Moines as an associate. He re- Over 30 years of experience ceived his J.D. from the University in litigation support, forensics of Iowa College of Law in 2011. and business valuations. Moser maintains a diverse civil practice including worker’s compensation, employment litigation Moser and insurance defense. CPA/ABV/CFF, ASA.* Brittany Sandler has joined Stamatelos & Tollakson, PLLC in *Accredited in Business Valuation West Des Moines as an associate. by the AICPA; Certified in She earned her J.D. from Drake Financial Forensics by the AICPA; University Law School in 2016. Accredited Senior Appraiser by the She will practice primarily in American Society of Appraisers. family law. When credentials count. IPE 1031 Sandler 6150 VILLAGE VIEW DRIVE • SUITE 113 WEST DES MOINES, IA 50266 , 515.279.1111 • 888.226.0400 FAX 515.279.8788 4500 Westown Parkway, Suite 125 WWW.IPE1031.COM West Des Moines, Iowa 50266 [email protected] Phone: 515.222.6203 E-mail: [email protected]

THE IOWA LAWYER May 2017 25 12225_CMandelbaum_Ad.indd 1 9/1/09 3:08:40 PM Lawyers’ social media use in 2017 How do you compare? By Nicole Black

Lawyers and professional networking? Let’s do a deep dive place were lawyers from firms of two to social media: into the results of the survey and find out. nine lawyers at 85 percent. it hasn’t always been the best Lawyers and blogging Lawyers on Facebook and Twitter of partnerships. Some lawyers have been blogging for over a Although Facebook has a reputation When social media decade now, but most lawyers didn’t even know as being purely social, it has a lot to offer first emerged on what a blog was at the turn of the century. lawyers, both in terms of professional net- the scene nearly a Times have changed and many lawyers find working and maintaining an effective online decade ago, many that blogging is an effective way to showcase presence. Because it’s such a social network, lawyers discounted expertise and interact online. However, the many lawyers begin to interact on Facebook it as a passing fad. percentage of law firms that maintain a blog for social reasons, but eventually recognize its But, over time, as has remained consistent for the past four years, potential for professional purposes as well. Nicole Black social media has at 26 percent. Large law firms with 100 or Lawyers use Facebook for a number of impacted all as- more attorneys were the most likely to main- reasons, with some reporting that they use it pects of our lives from how we communicate tain a blog in 2016, at 56 percent (compared only for personal reasons, including 89 per- to how we do business, lawyers have begun to with 54 percent in 2015, 53 percent in 2014 and cent of solos, 89 percent of lawyers from small see the light. 46 percent in 2013). Next up were firms with firms, 82 percent of attorneys from mid-sized That’s why in 2017, more lawyers and law 10 to 49 attorneys at 26 percent, followed by firms and 80 percent from large firms of 100 firms are using social media than ever before. 20 percent of firms with two to nine attorneys or more. The most active lawyers on Face- In fact, according to the American Bar and 12 percent of solo lawyers. When it comes book for professional purposes are solos at Association’s most recent Legal Technology to practice areas, the following types of firms 48 percent, followed by 41 percent of lawyers Survey Report, 74 percent of law firms now were the most likely to have a blog: personal from small firms. Mid-sized firms were next at maintain a presence on a social network and injury (35 percent), litigation (31 percent) and 22 percent, with lawyers at firms with 100 or 76 percent of lawyers report that they person- employment and labor (27 percent). more coming in last at 16 percent. ally use one or more social media networks Twitter is the least popular major social net- for professional purposes. Lawyer use social Lawyers and LinkedIn work, although lawyers do use it. Lawyers from media for a number of reasons, including Of all the social media networks, LinkedIn mid-sized firms lead the way with 26 percent career development/networking (73 percent), is the most popular with lawyers and law maintaining a Twitter account, followed by client development (51 percent), education/ firms, and for good reason; it’s the “profes- 25 percent of solos, 25 percent of large-firm current awareness (35 percent) and case sional” social network. Because its focus is lawyers and 24 percent of small-firm lawyers. investigation (21 percent). professional rather than social, lawyers are Twenty-five percent of lawyers have had understandably more comfortable with it. Lawyers and websites a client retain them because of their social That’s why 91 percent of firms of 100 or Websites, while not technically a form of so- media interactions, compared with 24 more attorneys have a presence in Linke- cial media, are a very effective way for lawyers percent in 2015, 23 percent in 2014 and 19 dIn, followed by 85 percent of solos, 76 to provide a virtual “front door” for clients and percent in 2013. Solo attorneys were the most percent of mid-sized firms and 63 percent highlight their firm’s focus and their lawyers’ likely to report this (34 percent), while attor- of smaller firms. Nearly 80 percent of all in- areas of expertise. So, it’s not surprising that neys from large firms (100 or more lawyers) dividual lawyers have a profile on LinkedIn the vast majority of law firms (85 percent) have were the least likely at 16 percent. as well. Solos and lawyers from mid-sized a website in 2017. Large and mid-sized law This begs the question: Which platforms firms lead the way, with 99 percent of firms lead the way at 99 percent each, followed are the most popular for legal marketing? lawyers from firms with 10-49 lawyers using by 87 percent of small firm lawyers and 62 And which ones do lawyers prefer to use for LinkedIn and 91 percent of solos. In third percent of solos. So now that you’ve learned how other lawyers are using social media in 2017, how do you compare? Are you using social media Conducting Mediations effectively or is it time to make some changes? Of Civil Matters Including What steps can you take to get more value out Employment Law And of your online interactions and make this year Civil Rights Disputes. the best it can be for your law firm?

Nicole Black is a Rochester, New York attorney and the Legal Technology Evangelist at MyCase, web-based law practice management software. She’s been blogging since 2005, has written a weekly column for the Daily DAVID GOLDMAN Record since 2007, is the author of Cloud Computing for Phone: 515.309.6850 Lawyers, co-authors Social Media for Lawyers: the Next David Goldman Email: [email protected] Frontier, and co-authors Criminal Law in New York. You References Available On Request can follow her on Twitter @nikiblack and she can be reached at [email protected]. 26 THE IOWA LAWYER May 2017 Honoring 50 years of service: Judge Ronald E. Longstaff Submitted by two of Judge Longstaff’s former clerks, Carla Hamborg and Colin Witt

On Sept. 30, 2016, United States District ducted by the Honorable James E. Gritzner, Judge Ronald Earl Longstaff retired from the first law clerk of Judge Longstaff: “I public service. For more than 50 years, he think it’s very important to remember that brought a measure of dignity and respect to whatever case you’re hearing that day or everyone who worked with him and appeared whatever proceeding you’re involved in, to before him in court. He made the courthouse the people in front of you, whether it be a a great place to be, to learn, to practice law, criminal case or a civil case, is one of the and to know and feel justice. most important things in their life and in Ronald Earl Longstaff was born in Pitts- the life of their family, and each one needs burg, Kansas, in 1941. Ron’s father worked at to be dealt with thoroughly and with the one time as a coal miner, and his mother was patience and courtesy that you can provide a former school teacher. Ron was born with them. And the key is to be well-prepared a mild form of cerebral palsy. Both parents to deal with the issues that are coming up. Judge Longstaff with his judicial assistant, Debby Grimm. were determined, however, to make sure his And then once they’re presented to you, (Photograph by Patty Trom-Bird) physical challenges would not limit his future I think it’s even more important that you accomplishments in any way. His parents realize that even though the decision may bar functions for decades. His frequent jokes pushed him hard in his school work, believ- not be clear-cut -- obviously, if it’s clear-cut and teasing would lighten otherwise stressful ing that a strong academic background would you wouldn’t need to be involved. Although situations in court or in his chambers. be crucial to his future success. They were it may be a difficult issue and (there may be) Judge Longstaff is the model of humility. right. Ultimately, Ron obtained an account- confusion as to where you should go, you Charles Spurgeon said, “Humility is the ing degree from Pittsburg State University need to make a decision. That’s what your job proper estimate of one’s self.” He was de- and went on to law school on a full-tuition is, and you make the best call you can. And scribing Ron Longstaff, one never interested scholarship at the University of Iowa. once you’ve done the preparation, make the in self-promotion or self-exaltation. He While in Iowa City, Ron pursued two of his decision and move on.” quietly and frequently complimented the many passions: law and Hawkeye sports. For- Those who practiced before him, and who work of others, without them even having to tunately, he devoted slightly more of his time are familiar with his work, know that Judge know it. His acts of kindness and mercy will to the former than the latter and finished Longstaff lived this out every single time a long be remembered. near the top of his law school class. He was case was brought before him. Judge Longstaff was so much more than hired upon graduation by then-District Judge Outside of his work in the courtroom, a judge or an employer to his law clerks and Roy Stephenson, to serve as his law clerk. Judge Longstaff has been and continues to long-time judicial assistant, Debby Grimm. Ron began this position, in what would be completely devoted to his family. His wife To us, Judge Longstaff is our model, our become a 50-year federal court tenure, in of 39 years, Norma, passed away in 2009. She hero, and always will be, family. June 1965. After serving for two years as a law is deeply felt and fondly remembered daily. clerk, Ron briefly left the courthouse to enter He and Norma maintained season tickets to private practice with the Des Moines firm the Iowa football and men’s basketball games Carla Hamborg was Judge Longstaff’s career law clerk of McWilliams, Gross, & Kirtley. At Judge for several decades. He now resides with for many years and is now an Administrative Law Judge Stephenson’s request, Ron returned to the their daughter, Christi, and daughter-in-law, with the Iowa Department of Inspections and appeals. courthouse in 1968 to serve as clerk of court Yolanda Hardy. Colin Witt was a law clerk to Judge Longstaff for three and part-time magistrate judge. After a few Judge Longstaff has invariably been de- years and is now a District Associate Judge in Polk years in this dual role, he was named a full- scribed as a man with a great sense of humor. County Juvenile Court. time magistrate judge in 1976. And on July He was a sought-after speaker at bench and 24, 1991, President George H. W. Bush nomi- nated Judge Longstaff to serve on the district court for the Southern District of Iowa. Judge Longstaff is quick to give credit to those who had come before him. He was EXCELLENCE mentored not only by Judge Stephenson, but also by Judge William Hanson and Judge in Expert Litigation and William Stuart. He credits all three men for Business Valuation (USPAP) helping him develop the skills and demeanor to become an outstanding jurist himself. Contact Mike at [email protected]. Judge Longstaff maintained that no one is “good enough” to judge others, but you simply do the best you can every day. Judge Longstaff also modeled how important it was to “come to the courthouse feeling good and with a very positive attitude about www.tld-inc.com Mike Mesch your life and your job.” He lived out a simple Cedar Rapids • 221 3rd Avenue, Suite 215 • 319.364.2945 CPA/ABV, ASA, CFF but vital philosophy for other judges, as ex- Iowa City • 2225 Mormon Trek Blvd. • 319.339.4884 Partner pressed during a Dec. 21, 2007 interview con- THE IOWA LAWYER May 2017 27 IN MEMORIAM Willis ‘Will’ Buell, 79, of Homer, Nebraska, died April 7. Buell was born in 1937 in Battlecreek, Iowa. He Law Day 2017 received his J.D. from the University of Iowa College of Law. Buell worked for a judge in Santa Fe and also formed a law firm named Black and Buell. He then President Dwight Eisenhower established the first went to work for the Klass Law Firm, where he became Law Day in 1958 to mark the nation’s commitment a partner, then the U.S. Attorney’s Office where he was to the rule of law. In 1961, Congress issued a joint an assistant U.S. Attorney and head of the Sioux City resolution designating May 1 as the official date for Branch until his retirement. celebrating Law Day, which is subsequently codified (U.S. Code, Title 36, Section 113). Every president since then has issued a Charles Joiner, 101, of Naples, Florida, died March 10. Law Day proclamation on May 1 to celebrate the nation’s commitment to Joiner was born in 1916, in Maquoketa. Joiner received the rule of law. his J.D. from the University of Iowa College of Law in 1939. He served in the Army Air Corps during World The theme of this year’s Law Day observance, “The 14th Amendment: War II, as crew commander of a B-29 bomber squadron Transforming American Democracy,” honors the many ways the Four- in the Pacific. He practiced in Des Moines as a trial attor- teenth Amendment has reshaped American law and society. Through its ney with the firm of Miller, Huebner and Miller for eight Citizenship, Due Process and Equal Protection clauses, this transformative years before moving to Michigan. In 1965, the Hon. Earl amendment advanced the rights of all Americans. Warren tapped him to help author the historic proposal Iowa Governor Terry Branstad signed a 2017 Law Day proclamation, that resulted in the Uniform Rules of Evidence for the which stated: “I encourage all Iowans to observe Law Day by reflecting on Federal Court system. He served as Wayne State Uni- the impact that our Nation’s laws and the Fourteenth Amendment have versity Law School’s Dean until his appointment to the federal bench in 1972 as a district judge for the Eastern had upon the quality of our lives and the strength of our democracy. As District of Michigan. He took senior status in 1984. we continue to work for a more just society for all, let us celebrate our legal heritage and reaffirm our reverence for the rule of law, which has Terry Loeschen, 78, of Roanoke, Virginia, died March 21. safeguarded our liberty and preserved our democracy for many years.” Loeschen received his J.D. from the University of Iowa College of Law. He began practicing in 1964 in Burl- ington, where he practiced law with the Cray Law Firm, eventually forming the Loeschen and Loeschen Law Firm until his retirement in 2003. Upon retirement and relocating to Virginia, Loeschen continued to work as a labor arbitrator.

A. Frederic Matthias, 101, of Newton, died March 31. Matthias was a practicing attorney for 75 years. He served in the U.S. Army during World War II. He was active in Kiwanis, the Elks, the Newton School Board, the Salvation Army, the American Legion, the YMCA, the Jasper County Zoning Commission, Habitat for Humanity, Park Centre and the First Lutheran Church of Newton. He loved his family, music, hiking, biking, reading and travel.

Edward J. ‘Nick’ McManus, 97, of Cedar Rapids, died March 20. McManus was born in 1920 in Keokuk. His legal education at the University of Iowa was accelerated by World Governor Terry Branstad signed a Law Day proclamation in his office, with representatives from War II. In October 1941, he was admitted to the Iowa bar, ARAG legal insurance, the Polk County Bar Association and ISBA Vice President Tom Levis. Law and three months later he received his J.D. degree at the Day was May 1st. age of 21. He practiced law briefly with his father and older brother, Neil, in Keokuk, before enlisting in the U.S. Naval Air Corps in March 1942. Upon retiring from the Navy with the rank of lieutenant, he returned to the practice of law in Keokuk in 1946. In 1954, he was elected to the Iowa Senate and, in 1958, as lieutenant governor of Iowa. McManus was appointed as chief judge of the North- ern District of Iowa in 1962, becoming the first native Iowan appointed there. His tenure lasted for 55 years.

Members who know of a colleague passing should email the membership department at [email protected] and include a link to the obituary and/or funeral information. To sign up for the ISBA obituary notification service, log into your iowabar.org account, click on “Manage Profile” and choose the “Edit Bio” option. Scroll down to the option “Obituary Notifica- tion,” select “yes,” then save the changes. Once the option is elected, you will receive an email notification anytime a member passes away, the same day the ISBA receives the notification.

28 THE IOWA LAWYER May 2017 Thank you 2016-2017 Iowa LawPAC contributors! What is Iowa LawPAC? Why donate to Iowa LawPAC? Iowa LawPAC is the political action committee “LawPAC is a tool which legislators and working to ensure that (PAC) of the Iowa State Bar Association. Its Board we use to connect with statutory language accomplishes the goals of Directors is composed equally of Republican legislators to speak on intended. This simply would not be possible and Democratic members, appointed by the ISBA behalf of The Iowa State without LawPAC.” President. Iowa LawPAC contributes only to state Bar Association and its – Stephen Eckley, ISBA President-Elect legislative races and its first priority is to support members. It is important lawyer-legislator candidates. because it’s an oppor- “My wife and I decide These members went above and beyond to assist tunity for members to how to give to worthwhile in LawPAC’s efforts in 2016-2017: support the ISBA’s legislative efforts. We entities from time to time. are involved in monitoring over 400 pieces The ISBA Foundation Andrea Mason, Davenport $3,500* of legislation on behalf of the bar and this and LawPAC are two log- allows us to talk to those legislators who ical places to fund. This James Carney, Des Moines $3,500 are handling bills of interest to us.” profession has allowed us Bruce Walker, Iowa City $1,500 – James Carney, ISBA Chief to raise and educate our Legislative Counsel family to include funding our granddaugh- R. Bradley Skinner, Altoona $1,250 ters’ education. The right thing to do is to Geri Huser, Altoona $1,250 “Every year, the ISBA help out when we can. We plan to continue Thomas Henderson, Des Moines $500 makes an extraordinarily to give as long as possible.” valuable contribution to – Bruce Walker, ISBA Immediate Martin Petersen, Parkersburg $500 the legislative process by Past-President H. Daniel Holm, Waterloo $500 vetting bills, educating Sarah Kleber, Sioux City $500 Beverly Wild, Guthrie Center $500 For information about contributing to LawPAC, please contact Harry Shipley: Martha Shaff, Davenport $500 [email protected] or 515-697-7868. Arnold Skip Kenyon, Creston $500 William Vernon, Cedar Rapids $500 Dwight Dinkla, Des Moines $300 Douglas Struyk, Des Moines $300 Robert Waterman, Davenport $250 Robert Josten, Des Moines $250 Thomas Levis, West Des Moines $250 Stephen Eckley, Des Moines $250 James Craig, Cedar Rapids $200 Gregory Seyfer, Cedar Rapids $200 Michael Mahaffey, Montezuma $200 Rick Olson, Des Moines $175 David McCoid, Mount Pleasant $100 Elisabeth Reynoldson, Osceola $100 Roger Hudson, West Des Moines $100 Kelly Baier, Cedar Rapids $100 Roberta Swartzendruber, Ankeny $100 John O’Connor, Dubuque $100

*Winning bid in the silent auction for a six-day stay in a luxury condo in Colorado.

Approximately 650 additional ISBA members contributed in the amount of $75 or less.

THE IOWA LAWYER May 2017 29 CLE ISBA Season CLE Calendar Pass Visit www.iowabar.org/calendar Perfect if attending large events such as for more information on any of Annual Meeting, Tax School or a variety our upcoming CLE opportunities. of webinars/telephone CLEs.

Cost: $600 May 16 Name: ______Rebroadcast of Lawyer Death and Member #: ______Disability Planning Seminar Phone #: ______Bryan’s on 4th Address: ______Waterloo City, State, Zip: ______May 18 E-mail: ______Rebroadcast of Lawyer Death and Method of Payment: Disability Planning Seminar ___ Check enclosed Scott County Courthouse Check Number: ______Davenport ___ Master Card May 19 ___ Visa ___ American Express Government Practice Seminar (In-person or Live Webinar) Credit Card #: ______Exp. Date: ______May 23 Cardholder Signature: Rebroadcast of Lawyer Death and ______Disability Planning Seminar The term of the pass will begin when emailed, Marina Inn Hotel & Conference Center faxed or postmarked to the ISBA office in South Sioux City Des Moines. Return registration form to: May 24 ISBA CLE Rebroadcast of Lawyer Death and 625 E. Court Ave., Des Moines, IA 50309 or Disability Planning Seminar fax (515) 243-2511 Council Bluffs Public Library Questions: Council Bluffs Phone (515) 697-7874 or e-mail [email protected] June 8 Justice Fore All Golf Outing (Eastern) Saddleback Ridge Golf Course Solon 30 THE IOWA LAWYER May 2017 CLASSIFIED ADS

PUBLISHER’S NOTE: To submit an ad to CLASSIFIED ADVERTISING, please follow the style of the working with a dynamic, high-performing team ads appearing here, indicate the classification where you want your ad to appear and state how long that handles a full range of legal matters arising the ad is to run. Each ISBA member receives two free entries annually, except for “Positions Available” in connection with the firm’s broker-dealer, ads. Those ads must be posted in the ISBA’s Career Center to qualify for publication in the magazine. insurance and registered investment advisor Once posted in the career center, they will be published in the magazine one time for each posting. operations. The ideal candidate will have two to Corporate and government attorney members of the association receive the same free privileges for five years experience practicing as an attorney. their business, non-employer-related ads. If you have questions, call the Communications Dept. at 515- Preference will be given to candidates who have 697-7898. E-mail your copy to [email protected]. The number appearing in parentheses worked with independent broker-dealers and after each ad indicates the volume and the number of the issue when the ad will be pulled from the registered investment advisor firms and have knowledge of the Investment Advisers Act of magazine. (AL) refers to paid ads. (TF) indicates internal or “house” ads that run indefinitely. 1940, Securities Act of 1933, Securities Exchange COMMERCIAL ADVERTISERS: For rates, or to place an ad, contact Alex Larson (515) 238-4406; Act of 1934 and the rules and regulations of [email protected]. the Financial Industry Regulatory Authority (FINRA). To apply, visit http://careers.iowabar. org/jobs/8947998/corporate-counsel. (77-04) Europe and China. Our ideal candidate would POSITIONS AVAILABLE have one to three years of experience in some or VICE PRESIDENT AND TRUST OFFICER

UNITED STATES MARINE CORPS JUDGE all of general corporate and commercial matters, – Iowa State Bank, Urbandale – Seeking a Vice ADVOCATE – United States Marine Corps, United mergers & acquisitions, securities, regulatory, President and Trust Officer with experience in States – Seeking attorneys to practice in one of finance and capital markets transactions. Can- trust administration and probate proceedings, several fields of law as a Judge Advocate Officer. didates must be collaborative and have excellent financial management, and fiduciary tax return review. Candidates that express an interest in Judge Advocates learn military and naval law at academic credentials, writing skills, related RR_2017.pdf 1 1/6/17 experience 7:26 PM and professional references. To apply, this opportunity must have thorough knowledge the Naval Justice School in Newport, RI. Upon of Trust Department administration and the completion of Naval Justice School, Marine visit https://www.faegrebd.com/careers-overview. (77-04) ability to administer accounts in a profitable Judge Advocates will begin service at an opera- way; experience in trust and probate proceed- tional Marine Corps unit, advising and leading FULL/PART-TIME ATTORNEY – The Sayer ings, financial management and preparation of Marines. Applicants must have a J.D. with at Law Group, P.C., Waterloo – Seeking qualified, fiduciary returns; ability to communicate well, least a 2.0 GPA, an LSAT of 150 or higher, be energetic candidates to fill full-time or part-time both orally and in writing, maintain complex re- bar-certified in any state and pass a background attorney positions in Waterloo. Must have strong cords, and prepare complete and timely reports; investigation and medical examination. Salary communication and organization skills. Litiga- excellent customer relations skills and ability is competitive with civilian pay. In addition, a tion experience a plus. Salary negotiable based to interact well with professionals. To apply, substantial portion of monthly pay will consist on experience. Please send cover letter, resume visit http://careers.iowabar.org/jobs/8969996/ of nontaxable housing and subsistence allow- and references to [email protected]. (77-04) vice-president-and-trust-officer. (77-04) ances. Other benefits include up to $400,000 of life insurance at low cost and full free medical CONTRACT ADMINISTRATOR – University LEGAL INTERN – Merchants Bonding Company, coverage. If interested, contact Walter McCord of Iowa-Division of Sponsored Programs – Seeking a West Des Moines – Seeking a summer legal intern at 515-240-3472 or Adam Crise at 515-491-9265. highly motivated, organized and service-orient- in our Compliance department. This role will (77-04) ed professional to assume a key contract negoti- work alongside a licensed attorney in the surety ator/administrator role. Responsibilities include bond, fidelity bond, and other liability bond ASSOCIATE ATTORNEY – Klinger, Robinson lines of insurance. Responsibilities will include reviewing, drafting, negotiating and administer- & Ford, LLP, Cedar Rapids – Seeking an attorney departmental support and research relating to become associated with the firm. The ideal ing research-related agreements. The successful to privacy, electronic business, customer candidate will have experience/interest in candidate will use independent judgment to complaints, policies and procedures, contracts one or more of the following areas of practice: determine and negotiate acceptable terms for a and document retention matters. To apply, Bankruptcy, Debtor/Creditor, Civil Litigation variety of contracts including funding agree- visit http://careers.iowabar.org/jobs/8955165/ (including Family Law), Corporate, Real Estate ments, data-use agreements, confidentiality legal-intern. (77-04) and Probate. For the right candidate, eventual agreements, material- transfer agreements, and outgoing sub-awards. The position will ensure ASSOCIATE ATTORNEY – Buchanan, Bibler, partnership is a strong possibility. The firm Gabor & Meis, Algona – Seeking up to two asso- seeks a long-term association, not someone to compliance with state and federal regulations and university policies and procedures. For a ciates to enter partnership track. One to work build a resume’ or gain experience to relocate. in general practice and taxation and another For more information or to forward a resume, complete job description, email wendy-loney@ uiowa.edu. To apply, please visit Jobs@UIOWA to take on some general practice with primary contact Jeff Taylor 319-395-7400 or e-mail him emphasis on trial work. Ag background with at: https://jobs.uiowa.edu/pands/view/70874 at [email protected]. (77-04) desire to reside in a prosperous, progressive, (77-04) ASSOCIATE ATTORNEY – Baylor Evnen Curtiss county seat community, a plus. http://www. Grimit & Witt, LLP, Lincoln, NE – Seeking an CORPORATE COUNSEL – Cambridge Investment northiowalaw.com/. (77-04) associate attorney in its Workers’ Compensation Research, Inc., Fairfield – Seeking a Corporate ASSISTANT COUNSEL – Ruffalo Noel Levitz, Practice Group. The ideal candidate will have Counsel who will work under the direction of Cedar Rapids, IA – Seeking an Assistant Counsel two to four years of quality work experience senior counsel. This position is responsible for with an emphasis in litigation or workers’ compensation. Qualified candidates will preferably be admitted in Nebraska and Iowa or in a position to gain admittance to Iowa in the near future. Motivated candidates will also have demonstrated excellence in developing client relationships, teamwork and the ability to manage a busy practice. Please send resume and cover letter to: Hiring Partner, Baylor Evnen Curtiss Grimit & Witt, LLP, Wells Fargo Center, 1248 O Street, Suite 600, Lincoln, NE 68508. (77-04) CORPORATE ASSOCIATE – Faegre Baker Daniels, LLP, Des Moines – Seeking an associate to join our corporate group in our Des Moines office. Faegre Baker Daniels is an Am Law 100 firm with offices located throughout the U.S.,

THE IOWA LAWYER May 2017 31 CLASSIFIED ADS to work directly with our business leaders, ven- relationship. We are the Iowa Lawyers reception, internet, access to printers/scan- dors and clients under the direction of the Assistance Program. Under order of the Iowa ners/copiers/fax, telephone, conference Senior Corporate Counsel, to support our con- Supreme Court, all communication with us is room, kitchenette and parking. For more tract and legal needs. The assistant counsel will privileged and private. Our director is a former information, contact Jenny at 319-234-0535 draft, review, and negotiate Ruffalo Noel Levitz lawyer, a recovering alcoholic and drug addict. or [email protected]. (77-04) client and vendor contracts, and identify and re- He is a trained substance abuse counselor. We solve business and legal issues. Assistant counsel cannot help unless you call – 515-277-3817 or OFFICE SPACE AVAILABLE – Davenport – is self-motivated, organized, customer service-ori- 800-243-1533 – or message (in confidence) Premium riverfront office space available for ented, pragmatic and proactive in their approach [email protected]. All you have to do is ask us one to two lawyers and staff. Services include to contracting. To apply, visit: http://careers. to contact you. No other details are necessary. internet, access to printers/scanners/copiers/ iowabar.org/jobs/8877381/assistant-counsel. We will call you. The Iowa Lawyers Assistance fax, telephone, conference rooms, kitchenettes, (77-04) Program also can provide speakers for local free client parking. $1,000-$2,500 per month. bar associations. Just ask. (TF) For more information, contact Jack Dane at 563-326-0006 or [email protected]. PERSONAL (77-04)

IF DEPRESSION, STRESS, ALCOHOL SPACE AVAILABLE OFFICE SPACE AVAILABLE – West Des OR DRUGS are a problem for you, we can OFFICE SPACE AVAILABLE – Waterloo Moines – Office space available for lawyer help. We are a non-profit corporation offering – Downtown office space available for one and staff. Services include access to printer/ attorneys free help in a totally confidential to two lawyers and staff. Services include scanner/copies/fax, conference rooms, kitchenette and parking. For more information, contact: Wendy at 515-224-4999 or wendy@ tdufflaw.com. (77-04) OFFICE SPACE AVAILABLE – Davenport – Space for one to two attorneys plus one assistant in historic home converted to law offices in downtown Davenport near Scott County Courthouse and U.S. Courthouse. Services available include reception, conference room, telephone, internet, wi-fi, copier, fax, private off-street parking. Contact Barbara Maness at 563-322-2748 or [email protected]. LaMarca Law Group is pleased to announce that (77-04) Gary G. Mattson, James J. Biscoglia, and Ryan C. Nixon have recently become shareholders.

FINANCIAL FIT CLA offers expert witness testimony, valuation capabilities, and forensic services. Our team is local. Our resources are nationwide.

Gary G. Mattson James J. Biscoglia Ryan C. Nixon

LaMarca Law Group is a civil litigation firm serving clients and Brad Mihm Jessica Soppe referring attorneys in the practice areas of personal injury, wrongful death, CPA/ABV, AM ASA, CFE workers’ compensation, professional malpractice and business litigation.

George A. LaMarca Andrew H. Doane Gary G. Mattson Chad F. Knapp James J. Biscoglia Erin L. Bird Ryan C. Nixon Of Counsel: Ron Nielsen Sahan CPA/ABV/CFF Totagamuwa Roman Vald Nick J. Avgerinos CPA/ABV, CFE Drennan L. Fischer Philip J. De Koster

Telephone: (515) 225-2600 515-222-4400 | CLAconnect.com

THE 32 THE IOWA LAWYER May 2017 IOWA LAWYER May 2017 #

May_LaMarca Ad.indd 1 4/11/17 8:21 PM PRIVATE EDITION

PRINTED ORDER FORM Print and Electronic Legal Publications Pay by check only. You may also order legal publications by accessing the LSA Store at https://www.legis.iowa.gov/law/information and pay by check or credit card. First/Last Name ______Please fill out this Title/Organization______information completely. Street Address (No P.O. Box) ______*An e-mail address is City/State/Zip Code______required in order to receive an Iowa Law Telephone (____)______*E-mail Address ______Infobase download.

Available January 2017 2017 IOWA CODE Includes free downloads of the 2017 and 2018 Iowa Law Infobases.

Number of copies you are ordering: ___ copies @ per copy ...... $295 TOTAL $_____ Available Now 2016 IOWA ACTS Number of copies you are ordering: ___ copies @ $75 per copy TOTAL ...... $_____

Available in 2017 2017 IOWA COURT RULES Number of copies you are ordering: ___ copies @ $50 per copy TOTAL ...... $_____ NEW Available Now 2015-2016 IOWA OFFICIAL REGISTER Redbook Number of copies you are ordering: ___ copies @ $15 per copy TOTAL ...... $_____

Available January 2017 2017 IOWA LAW INFOBASE (New Download Product) Number of copies you are ordering: ___ copies @ $50 per copy TOTAL ...... $_____

COMBINED TOTAL ...... $_____

PAY BY CHECK TO LEGISLATIVE SERVICES AGENCY AND MAIL WITH THIS ORDER FORM TO: Legislative Services Agency Attention Ms. Hanna Howard If you seek a refund, a $15 fee will be assessed per order. 1112 E. Grand Avenue Miller Building Des Moines, Iowa 50319 For questions regarding orders, contact [email protected] or dial (515) 281-6766.

THE IOWA LAWYER May 2017 33 KUDOS Cedar Rapids-area team wins 2017 Mock Trial State Championship

A team from Robins took the top spot in the 2017 Iowa High School Mock The mock trial program is administered by the ISBA’s Center for Law & Civic Trial State Championship and will be heading to the national tournament in Education in cooperation with the Young Lawyers Division and with financial Harford, Connecticut May 11-13. Another Cedar Rapids-area team, Marion support from the Iowa State Bar Foundation. Home School, was the runner-up. A total of 32 teams won regional contests around the state in order to compete in the state tournament, held March 27-29 in Des Moines. This was the sixth time the Robins team, which is made up of students from Xavier Catholic High School in Cedar Rapids, garnered the top state title in the 35 years of the high school program. “What set this team apart was the students’ ability to think quickly on their feet and never lose their poise,” said attorney Tim Semelroth, who coaches the Robins team along with Emily Anderson, Chad VonKampen and Debbie Neumeyer. Emily Anderson has come full-circle from mock trial student to coach, having participated in Robins Mock Trial from 1996-2000, while she was in high school. She was on the 1999 and 2000 state championship teams, with Semelroth as her coach then and now her colleague at RSH Legal in Cedar Rapids. Members of the Robins Mock Trial team. Front row, left to right: Gwen Cataldo, Peter “Tim is an excellent coach, both then and now,” she said. “One of the things Deegan and Lizzie Leu. Back row, left to right: Eva Deegan, Emily Cunningham, I admire most about him is how he motivates the students to be the best they Sophie Cataldo, Sylvia Clubb, Ella Schrader and Emma Stadelmann. can be. He sets a high bar—but he gives the students the tools to reach it.”

Three inducted into Iowa Mock Trial Hall of Fame

During the 2017 Iowa High School Mock Trial tournament, three teacher coaches were inducted into the Mock Trial Educator Coach Hall of Fame. Sarah Cooper, Waverly-Shell Rock High School; Heidi Redmond, North Scott High School; and Tim Magill, Pocahontas Area High School, join four other teacher coaches who have received hall-of-fame status for their work coaching mock trial. The hall of fame award is sponsored by the Iowa Chapter of the American Board of Trial Advocates (ABOTA). New Hall of Fame inductees will also be recognized at the Iowa ABOTA chapter’s annual dinner in October.

Heidi Redmond, North Scott High School; and Tim MaGill, Pocahontas Area High School, were inducted into the Mock Trial Educator Coach Hall of Fame in front of hundreds of mock trial students during the state tournament. Sarah Cooper from Waverly-Shell Rock High School was also inducted but was unable to attend the ceremony. Tim Semelroth (left), president of ABOTA, presented the awards.

Stephen J. Powell Mediation Services Almost 40 years of Trial Experience 528 W. 4th Street in Civil Litigation on Behalf of both Waterloo, Iowa 50701 Plaintiffs and Defendants. 319-232-6555 Experience You Can Trust [email protected]

34 THE IOWA LAWYER May 2017 Stephen Powell AD.indd 1 10/3/14 12:17 AM THE IOWA LAWYER May 2017 35 Working as Co-counsel with Iowa Lawyers on Personal Injury and Workers’ Compensation cases for over 25 years.

www.drewlawfirm.com

TOM L. DREW 535 40th Street, Des Moines, IA 50312 Phone: (515) 323-5640 Fax: (515) 323-5643 Email: [email protected]