IOWAIOWATHE LAWYER LAWYERVolume 68 Number 4 April 2007 Board of Governors meet in old capitol

ALSO IN THIS ISSUE – Foundation board approves grants – Disciplinary actions return – Legal Aid honors six volunteers – Annual pro bono honorees – Ames High School 2007 state mock trial champion Krishna Prabhu of Ames High School makes the case for the defense during his final arguments in the High School Mock Trial state tournament finals. At right, he visits with co-counsel (from left) Supraja Rajagopalan, Katie Orazem and Mythili Prabhu before the competition begins. Ames High School wins Mock Trial state championship A team from Ames High School took man. The Dowling Catholic team took the also helped coach the team. home the championship in the 2007 High plaintiff’s side. Ames advanced to the final round after School Mock Trial state tournament finals Jen Chase, president of the ISBA’s Young defeating Carroll High School in the held Saturday afternoon, March 17, at the Lawyers Division, was the presiding semi-finals Saturday morning. Dowling Iowa Judicial Building. for the championship round. She was Catholic defeated a team from Valley High The team, most of whom are seniors, assisted by ISBA Vice President, Dan School to earn a shot at the championship. narrowly defeated a team from Dowling Moore, Sioux City; Assistant A total of 32 teams out of the 140 teams Catholic High School in West Des Moines Attorney Patrick McAvan, Fairfield; and in this year’s mock trial program to take the honors. Jennifer Zahradnik, Belle Plaine, who is participated in the 2007 state tournament, As the state winner, the team will chair of the YLD’s Mock Trial Committee. which began March15 at the Polk County compete in the national mock trial This year’s Ames team was comprised of Convention complex in Des Moines. tournament May 10-12 in Dallas. Last year students Rohan Agarwal, Zach Borg, Each team competed in three rounds, a team from Valley High School in West Jasmine Chen, Keith Davis, Sarah Federle, with the final four teams advancing to Des Moines emerged as the national Ulfur Grant, Michael Masteller, Katie the semi-finals. champion in competition with teams from Orazem, Krishna Prabhu, Mythili Prabhu Other schools in the top 10 included: 40-plus states and U.S. territories. and Supraja Rajagopalan. Pocohontas fifth, Johnston sixth, Lincoln “These kids have come a long way,” said Dowling Catholic’s teacher-coach, Tim in Des Moines seventh, another Valley Ames coach Jim Hathaway. “I’ve had them Sheaff, expressed similar sentiments to team eighth, Wahlert in Dubuque ninth, all since they were freshman. I’ve seen those of his opposing coach. This was the and Waverly Shell Rock tenth. them really grow. We’ve been building up first year a Dowling Catholic team has At a banquet on Friday evening, to this for four years. We knew it would made it into the state tournament in the individuals were presented with have to be this year or bust.” three years he has been the teacher-coach, outstanding attorney and outstanding Hathaway, a student at Iowa State Sheaff said. “It’s phenomenal.” witness awards. Those receiving outstanding University, has 11 years of experience as He said that Dowling had three teams attorney awards and their schools were: a mock trial participant. He started in this year, although the school runs a single Molly McPartland, Dan Peterson and middle school at Regis in Cedar Rapids, program. Two of the teams made it Kate Walling, Cedar Rapids George continued through high school at Xavier through the regional competition for a Washington; Supraja Rajagopalan, Ames; and Robbins in Cedar Rapids and has berth in the state tournament. Adam Lange, Carroll; Elizabeth Ewing, remained involved in college mock trial Sheaff gives most of the credit to Lylea Urbandale; Callie Schultes, Pocahontas; at ISU. Critelli, the attorney-coach. “We made Elyse Lyons, Valley; Connor Schneck, “It’s unbelievable,” he said during the some changes in the program. We applied Ankeny; Elizabeth Weyer, Mediapolis; first break in the competition. “I’ve been Lylea’s model to kids who wanted to win Marie Meyer, Dowling Catholic; and this far as a participant before. It’s a all along, and this is the result.” Swapnil Mehta, Dubuque Wahlert. different feeling as a participant than Critelli, who has been involved over Receiving outstanding witness awards as a coach.” the past 20 years with four teams from were: Alex McGregor, Waverly-Shell Rock; This year’s case involved a night club in different schools that made it to the state Elyse Lyons, Rohit Iravarapu and Lisa which a young man was killed during a tournament, plays down her role in the Shedd, Valley; Megan Koester, Dowling music concert that included pyrotechnics. team’s success. Catholic; Jenny Pray, Johnston; Cassia The stage curtains caught fire. The young “It’s a team effort,” she said. “The Onken, Carroll; Nick Bollard and Elissa man was the only one who didn’t make it kids are phenomenal. They just clicked.” Ripperger, Pocahontas; Lauren Kurt and out alive. Dowling Catholic’s team members Christian Marty, Wahlert; Andrew In the final round of competition Ames included John Bishop, Amanda Burke, Eisenman and Micah Howe, Garner- defended the night club owner who was Maria Critelli, Alex Flesher, Megan Hayfield; Becky Jenkins, River Valley; and being sued by the family of the dead young Koester, Eric Sharp, Spencer Sheaff and Mike Wilson, Lincoln in Des Moines. Maggie Thilges. Attorney Grant Dugdale

2 THE IOWA LAWYER April 2007 THE IOWA LAWYER CONTENTS Volume 68 Number 4 April 2007 Ames High School wins Attorney disciplinary actions ...... 15 Published at 521 East Locust Mock Trial championship ...... 2 2007 Annual meeting program . . . . . Insert Des Moines, Iowa 50309 Steve Boeckman, Editor President’s Letter: Practicing law Admission on motion ...... 17 515-243-3179 electronically – Beatty ...... 4 Transitions ...... 17 Governors select nominees for officers, ISBA honors lawyers who approve programs ...... 6 provide access to justice ...... 18 Bar Foundation board approves Leadership Circle ...... 19 two grants ...... 10 THE IOWA STATE BAR ASSOCIATION What you need to know about new OFFICERS 2005-2006 Building campaign contributions minimum wage law – Hampton . . . . 21 continue to grow ...... 11 President, Marion Beatty Equal Justice After Hours honors six . . . 23 President-elect, Joel Greer Civil jury trials decline; Iowa not a Vice President, Dan Moore litigious state – Carney ...... 12 IALA offers consulting help Immediate Past President, J. C. Salvo to attorneys ...... 25 Executive Director, Dwight Dinkla How to contact your legislator ...... 12 Classifieds ...... 26 THE IOWA LAWYER Updated ISBA affirmative (ISSN 1052-5327) is published monthly by The Iowa State legislative program ...... 13 Lawyer by day, Bar Association, 521 East Locust, Des Moines, Iowa 50309. singer by night – Boeckman ...... 29 Subscription included in membership fee. Non-members, $30 per year. Periodicals postage paid at Des Moines, Iowa.

Postmaster: Send address changes to The Iowa Lawyer, 521 East Locust, Des Moines, IA 50309.

The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave., Des Moines, IA 50322. Telephone (515) 270-0402. Art Director: Peggy Card ABOUT THE COVER Classified Advertising Qualifying ISBA members – 2 months free; $75 thereafter Members of the ISBA’s Board of Governors take Non-members – $110 for 100 words per insertion. time out for a photo on the spiral staircase See classified section for details. leading up to the second floor of the Old Capitol For Display Advertising Rates Contact David R. Larson (515) 440-2810; or write: in Iowa City during the group’s quarterly board The Iowa Lawyer, c/o Larson Enterprises, 909 50th St., meeting in March. The meeting, which was held West Des Moines, IA 50265. in the senate chambers, took place during law Communicating with The Iowa Lawyer online: Send your comments and Letters to the Editor to week at the University of Iowa College of Law. [email protected]. Please include your daytime phone A summary of the board’s activities begins on number should we need to contact you with an answer or for verification. Executive Director Dwight Dinkla’s electronic mail page 6. (Editor’s note: Due to the limited space here address is [email protected]. Assistant Executive Director and the number of governors, we regret that we are Harry Shipley’s address is [email protected]. unable to name each person.)

Iowa State Bar Association Board of Governors

OFFICERS: DISTRICT 3B DISTRICT 7 Marion Beatty, President, Patrick Murphy LeMars 712-546-8844 Gerald Denning Wilton 563-732-2666 Decorah 563-382-4226 Barb Orzechowski Sioux City 712-252-1866 Robert Waterman Davenport 563-324-3246 Joel Greer, President-elect, Cynthia Moser Sioux City 712-255-8838 Jerry Van Scoy Clinton 563-242-2827

Marshalltown 641-752-5467 DISTRICT 4 DISTRICT 8A Dan Moore, Vice President, Dean Jennings Council Bluffs 712-328-1566 Richard Gaumer Ottumwa 641-682-7579 Sioux City 712-252-0020 Alan Anderson Logan 712-644-2485 John Morrissey Fairfield 641-472-3144 Dwight Dinkla, Secretary, Des Moines 515-243-3179 DISTRICT 5A DISTRICT 8B John Powell Perry 515-465-4641 Roger Huddle Wapello 319-523-4221 J.C. Salvo, Immediate Past President, Harlan 712-755-3141 DISTRICT 5B IOWA ASSOCIATION REPRESENTATIVE: Elisabeth Reynoldson Osceola 641-342-3423 Honorable James Richardson DISTRICT 1A Immediate Past President I.J.A. William Werger Manchester 563-927-5920 DISTRICT 5C Dean Konrardy Dubuque 563-588-0547 Elizabeth Kennedy Des Moines 515-246-0356 LEGISLATIVE COUNSEL: Paul Tyler Des Moines 515-246-4513 James Carney Des Moines 515-282-6803 DISTRICT 1B Frank Carroll Des Moines 515-288-2500 David Roth Waterloo 319-233-6163 ABA DELEGATES: Sara Sersland Des Moines 515-283-3100 Timothy Sweet Reinbeck 319-345-6496 David L. Brown Des Moines 515-244-2141 Mark Hanson Des Moines 515-288-6041 Alan Olson Des Moines 515-271-9100 DISTRICT 2A Jane Lorentzen Des Moines 515-244-0111 Diane Kutzko Cedar Rapids 319-365-9461 Philip Garland Garner 641-923-3792 Guy Cook Des Moines 515-245-4300 Thomas Lawler Parkersburg 319-346-2650 Joseph Van Winkle Des Moines 515-243-1000 YLD OFFICERS: Jen Chase, President, Lu Ann White Des Moines 515-244-0177 DISTRICT 2B Waterloo 319-234-2638 Marcy Lundberg Fort Dodge 515-955-2193 Susan Low Des Moines 515-283-4072 Bridget Penick, President-Elect William Lorenz Marshalltown 641-752-4271 Connie Diekema Des Moines 515-288-0145 Des Moines 515-246-4545 Lynn Wiese Iowa Falls 641-648-4261 DISTRICT 6 Matthew McDermott, Secretary DISTRICT 3A Timothy McMeen Marengo 319-642-5521 Des Moines 515-283-4643 William Klinker Primghar 712-957-5465 James Craig Cedar Rapids 319-366-7331 Matthew Preston, Immediate Past President Randy Waagmeester Rock Rapids 712-472-3777 Dean Einck Cedar Rapids 319-365-9761 Cedar Rapids 319-866-9277 Robert Hatala Cedar Rapids 319-364-0171 Leon Spies Iowa City 319-337-4193 The President’s Letter

Practicing law electronically

“My interest is in the future because deadline. Fortunately, our internet service was restored in time so that we did not have to find an alternative service provider. I am going to spend the rest of my Others in our area were not so fortunate. When the internet went down I learned first-hand how life there.” Charles F. Kettering dependent my firm and I were on our computers and electronic data. I was also reminded of the need for contingent plans and advance planning for such unexpected occurrences. The The storms of late February and early March left much of Business Continuity Planning Task Force appointed last summer Iowa deep in snow and without power. In our office the by the Board of Governors will inevitably have some suggestions internet server was out from Friday evening until Tuesday and procedures to help us deal with these types of situations in evening. We quickly became concerned about how our clients the future. were going to be timely served in the electronic filing of tax More importantly, I began to think about the changes in the returns, especially the farmers who faced a March 1, filing

Current ISBA President, Marion Beatty, (center) stands with two of his predecessors – former presidents Alan Fredregill (left) and Jay Eaton – after presenting them with a bound volume of the Iowa Lawyer magazines containing their president’s letters. The presentation was made during the recent Board of Governors meeting at the Old Capitol in Iowa City.

4 THE IOWA LAWYER April 2007 practice of law due to the advent of the electronic data continuing that leadership. We all need to work diligently to get management services we rely on every day. There are even more the job done. After all, as L. Thomas Holdcroft said, “The past is changes on the horizon. No lawyer will be able to carry on in a guidepost, not a hitching post.” the practice of law effectively without being computer literate. Among the many benefits of the new system will be: Today, lawyers have to be knowledgeable in the management of I General public access to nonconfidential files or emails, Google searches, Westlaw, Lexis, Fastcase, electronic case documents electronically; management systems, the use of our Blackberry or Treo, and I Ability of registered users to view and download the list goes on. nonconfidential files and documents; In the near future we will also need to know how to file our I Opportunity for registered filers (such as lawyers) to view and documents on line in Iowa’s state courts. Just like in federal download any nonconfidential files and documents, and all courts in Iowa, the state courts are going paperless. Just like a documents in cases in which they are a party, from the century ago when farmers gave up their horses for tractors, convenience of their homes or offices. lawyers will be giving up paper filings in all court proceedings in This change to improve our delivery of services to the public exchange for electronically filed documents. Time marches on will also make our practice of law easier in the long run, with and so do the demands of the public and our practices. much less space being consumed for record storage in our court The has announced that electronic filing and houses and offices. electronic files will be tested in two selected counties soon. Once This change is an inevitable one. However, it is also one the testing is completed, electronic filing will be implemented in accompanied with some sadness and sense of loss. Another era the appellate courts. Within the next five years, it is expected of our practice becomes history. A paper pleading carefully that all documents will be required to be filed electronically carried to the courthouse and stamped for filing is no longer throughout the state. going to be the practice, or evenS permitted. We will merely press The Court has invited comments on the special rules of the “send” icon on our practice and procedure necessary to accomplish the move from computers and the job a paper-based system to an electronic one. The Supreme Court will be accomplished. has made available the rules and the committee comments on However, the savings the Judicial Branch website at www.judicial.state.ia.us/ of time and paper Supreme-Court/Orders/. Any interested organization, agency accompanying this or person may submit comments by May 1. Comments may be change will allow us to emailed to [email protected] and must state “EDMS” represent our clients in a in the subject line of the email. If you haven’t reviewed these less expensive and more rules and the Court’s General Commentary on the Electronic expeditious manner, Filing Rules please do so. while saving us some This is one of the most significant changes in the practice of anxiety about getting I Preparing complete, accurate, law and data management that has occurred in the state courts our documents timely written reports for I litigation in the past decade. It will make our courts accessible 24 hours filed in our local or support I economic loss in per day and seven days per week to anyone with internet other courthouses. personal injury and death I access. Lawyers will be able to file pleadings outside of ordinary business hours. divorce settlements I employee Proposed Rule 16.311 (1) states in part that a document filed “When I look stock ownership plans I damages before midnight on the date the filing is due is considered at the future, it from lost profits I estate and gift timely filed. However, filers are cautioned that it may be taxes I acquisitions and sales dangerous to wait until the last moment to electronically file. If is so bright, it the system is not available, jurisdictional deadlines cannot be burns my eyes.” Attorneys, CPA’s, IRS Experts, CFA, extended for filers who encounter problems with the system or American Society of Appraisers, Senior Member (individual). technical difficulties in using the system. Oprah Winfrey This should be an easy transition for those lawyers familiar with electronic filing for federal court matters; it may take PHILIP SCHNEIDER & ASSOCIATES, INC. some time and study for those who are not used to electronic www.schneidervaluation.com management of files. Fortunately there is plenty of time to do 515-225-0000 or 1-800-383-3083 our homework and be prepared. Fax 515-225-1539 ONE CORPORATE PLACE Iowa has always been a national leader in providing 1501 42ND STREET • SUITE 294 effective and efficient use of our courts. This is another step in WEST DES MOINES, IOWA 50266-1098

THE IOWA LAWYER April 2007 5 BOG quarterly meeting - Governors select nominees for officer positions, approve several new programs Members of The Iowa State Bar areas such as the administrative fee paid by self-employment tax for individuals who Association’s Board of Governors approved the Iowa State Bar Foundation for staffing are retired or not otherwise actively the nominations of a new vice president services from the ISBA and a grant from engaged in agriculture. and a new ABA delegate for the upcoming the ISBF for the Center for Law and I Support for a decision by the Workers’ fiscal year, approved a budget for 2007-08, Civic Education. Compensation Section to support House and heard numerous reports from the Major increases in expenses are Study Bill 70. This bill amends Iowa association’s committees and sections anticipated from an 11 percent rise in Code Section 85.61 to provide that an during its regular quarterly meeting rent payments in the existing bar head- individual hired by an employment March 8-9. quarters and building maintenance costs broker or temporary employment The first day of the meeting took place for the new building. Depreciation on agency is not an employee or worker in the Old Capitol in Iowa City as part of furniture and equipment for the new of the business where that person is law week at the University of Iowa College building also adds to the increase in assigned but is, and remains, the of Law. As Carolyn Jones, dean of the U of anticipated expenses. exclusive employee or worker of the I College of Law pointed out in her report broker or employment agency. This to the board, this year marks the 150th Actions places the compensation liability under anniversary of the Iowa Constitution. Other items approved, included the Iowa Code 85, 85A and 85B on the Three bar members – Frank Carroll, following from the BOG’s consent agenda: broker or employment agency. Mark Hanson and Jane Lorentzen – I Sponsorship of seminars assisting I Acceptance of a telephonic seminar on presented themselves as candidates for the members in adjusting to the new May 16 by the Labor and Employment position of vice president. Two candidates electronic filing of court documents Law Section. The seminar is entitled: – Diane Kutzko and J.C. Salvo – sought the anticipated to be in full force by 2012. “Dealing with Emotional Distress and position of ABA delegate. In a written presentation to the BOG, Employment in the Workplace.” After the ballots were counted, Technology Committee Chair, David Lorentzen was named as the board’s Beckman, noted that the committee had In addition, the governors: choice for vice president, Kutzko was concerns about the effect this move by I Approved without dissent a CLE chosen for ABA delegate. Current Vice the Court would have on members, Passport program whereby ISBA President Dan Moore was named for particularly members in small offices. members can pay an upfront, flat fee of the position of president-elect. All I Confirmation of Deb Tharnish, Des $550 per year to attend any or all of the candidates will be voted on by the Moines; Tim Semelroth, Cedar Rapids; CLE seminars sponsored by the ISBA, general membership before the ISBA and Alan Olson, Des Moines as except for webinars. The passport would Annual Meeting in June. members of the board of directors be good for one year from the date of In the 2007-08 budget, BOG members of Iowa Legal Aid. signup, and would entitle the owner to approved without dissent a 6.6 percent I Approval of a letter to the IRS asking attend the seminars, including lunches, increase in revenues and a 5.8 percent that the agency withdraw its notice and receive all materials. Members increase in expenses for the 2007-08 year. 2006-108, IRB 2006-51, which states would be asked to pre-register so that The increase anticipates revenue growth in that CRP rental payments are subject to there would be adequate handout materials available. (See CLE catalog bundled with this magazine issue.) I Voted 36-6 for a “comity” approach to tribal law similar to the Arizona LAW OFFICE OF DAVID J. BLAIR, P.C. approach, rather than a “full faith and Arbitration & Mediation credit” approach as some legislation in Sioux City – Des Moines – Statewide the promulgates. Governors also authorized Brian 600 Fourth Street #300 309 Court Avenue #233 Campbell, chair of the special task force Sioux City, IA 51101 Des Moines, IA 50309 investigating the tribal law issue, to draft legislation to that effect. BOG and tribal 712-233-3626 515-875-4842 law task force member John Morrissey 866-699-4302 Statewide explained in a report to the governors that a full faith and credit approach 515-875-4843 FAX makes it difficult for non-tribal lawyers to [email protected] represent someone doing business with the tribe. This is because non-tribal

6 THE IOWA LAWYER April 2007 headquarters building and why it is Public Image Task Force Orville Bloethe addresses needed when they are visiting with Chair Tom Lawler told the governors his wife and longtime potential donors. that the task force is launching a joint ad partner during remarks campaign with Iowa Title Guaranty to he made at a Board of Reports pilot-test newspaper and website ads in two Governors dinner Law Schools counties – Des Moines and Marshall. The honoring the two for their contributions to BOG members heard reports from ads will promote the value Iowa lawyers the ISBA and the Iowa Carolyn Jones, dean of the University of can bring to the home-buying process, and legal community. Iowa College of Law, and from Linda the peace of mind Iowa Title Guaranty McGuire, dean of students at the college provides through its new homeowner for the past 11 years. certificates. The ads will direct consumers Jones outlined some of the events that to a website to find attorneys in their areas took place during law week at the college. who practice in real estate, and to gather She also reiterated a message she has presented to the BOG at previous meet- ings – the increased interest by students in pro bono work and civic engagement. The college is addressing that interest by asking Linda McGuire to coordinate opportunities and placements for students who want to volunteer. lawyers have to abide by tribal rules, McGuire told the governors that she many of which are based on custom and plans to set up a way of tracking students tradition and are not written down. already involved in volunteer activities. She “Comity” recognizes the tribe’s authority also wants to seek out opportunities such as a legal entity, but also requires the as the senior living center in Iowa City, tribe to recognize Iowa law. which observed that many of the attorney I Accepted without dissent the loan residents in its Alzheimer unit were most repayment assistance program engaged in the present when talking about developed by a special committee their legal careers. The center wondered appointed by ISBA President, Marion if students would be willing to listen to Beatty. That program would allow law these residents. school graduates who agree to work in Finally, she wants to work with the the public sector and who have salaries faculty to make volunteer work part of of less than $50,000 per year to request the classroom experience, she said. assistance in paying their student loans. I Approved without dissent a disaster Capital Campaign Steering Committee response plan developed by the Committee Chair, J.C. Salvo, told the Business Continuity Planning Task Force board that 100 percent of the BOG had appointed last summer. This plan would made a pledge or contribution to the provide guidance to attorneys on how to building campaign either individually or handle disasters that destroy or severely through their firms. He also said that the disrupt their normal practices. campaign has reached about $1.9 million I Adopted without dissent a resolution of which approximately $900,000 is from honoring Orville and Loanna Bloethe individual members and/or their firms. for their generous contribution to the new bar headquarters building, and for Building Committee the contributions they have made to Paul Tyler, chair of the Building the ISBA and the legal community Committee, reported that the process of in general. purchasing an additional strip of land I Voted without dissent to table until the between the new bar headquarters property fall 2007 meeting further action on the and the railroad is moving forward in a pretermitted heir statute issue. This will positive direction, although slowly. The give the and Probate additional land gives the ISBA the oppor- Sections more time to study and reach tunity to expand should the need arise. a consensus on the issue. Tyler also said that the committee is I Approved with one dissenting vote the meeting every other week with the production of a video that members architect and the contractor to monitor can use to describe the new bar the progress of the building renovation.

THE IOWA LAWYER April 2007 7 more information about the role of speak other attorneys and Iowa Title Guaranty in languages, including real estate transactions. Arabic, she said.

YLD Scope & Correlation President Jen Chase reported that all Jane Lorentzen, YLD executive council members have been chair of the asked to make a contribution to the new committee, told the building. “We can never pay back the bar governors that association for all they’ve given us,” she President-elect Joel said. “At least we can help in this way.” Greer would be Chase also reported on activities with making committee which the YLD has been involved. and section appoint- Specifically, she mentioned the committee ments March 13. Board of Governors member Bob Waterman stands in front of the Supreme Court that is writing summaries of all of the Iowa In response to a bench in the Old Capitol in Iowa City. On the bench is the metal lockbox that his Supreme Court disciplinary decisions to be question about great grandfather Charles M. Waterman used to store his valuables and court published in the Iowa Lawyer starting this whether any documents when he served on the in Des Moines at the turn month, and the High School Mock Trial committees would of the century. regional and state competitions being held be dissolved, she said in March. She also informed the governors that any consolidations or changes would available, he said. that the next YLD meeting will be April 20 occur in 2008. The ISBA committee is working closely in Sioux City, and the Bridge the Gap Greer asked the board if there were any with the Iowa Farm Bureau. Farm Bureau seminar will be May 3-4 at the downtown objections to making the existing Public would like each county to have an Des Moines Marriott Hotel. Image Task Force the Public Relations economic development team with as many Committee. That task force is due to lawyers as can participate, he said. The Women and Minorities expire the end of February 2008. There team would constitute a place where Co-chair Emily Gould Chafa told the were no objections. people who want to start a business governors that between 650 and 700 could go. members have responded to the Economic Development He also said that numerous areas in committee’s survey. The survey is designed Chair John Shors reported that the counties around the state have been to identify members who speak additional committee is finding its niche. Presently, identified as qualifying for tax credits. The languages, and to identify women and the committee believes that the ISBA’s credits amount to 39 cents on every dollar minority individuals who are admitted to role should be one of education and invested in these qualified areas, he said. practice law in Iowa but are not members cooperating with other agencies. There He told the board that he will make of the ISBA. are a lot of opportunities and a lot of available a state map showing the areas A few members have indicated they programs for economic development that meet the qualification standards.

ABA David L. Brown reported that the ABA HEIRS LOCATED House of Delegates in its mid-year meeting NO FEE TO THE ESTATE in February unanimously adopted the “Katrina Rule” co-sponsored by Iowa. That rule would allow attorneys who assist out-of-state attorneys whose practices have been devastated because of a disaster to practice in that state without formal admittance. It would also allow those attorneys whose practices are devastated to practice in another state without being formally admitted to practice in that state. He also reported that the Colorado bar T E L 800 443 9004 raised $1.3 million to fight critics of judges FAX 615 822 9316 in that state during last fall’s election. The www.tracerusa.com Colorado bar proposed to the ABA that state bar associations be allowed to appeal to the ABA for help in cases where they must fight to uphold challenges to judicial Service worldwide – Established 1960 independence. He asked BOG members to urge district

8 THE IOWA LAWYER April 2007 court judges and others to review and out of both the House and Senate. At this Executive Director accept the ABA’s new Code of Judicial point, the lawyer-legislators had made no Dwight Dinkla updated the governors Conduct. Basically that code separates commitment on how they would vote, on issues that have been discussed in the the official duties of judges from he said. past, as well as the current membership other activities. Some legislators do not understand what status of the organization. full faith and credit means, he added. He The task force looking at the Lawyer Iowa State Bar Foundation has asked for a meeting with legislative Assistance Program has met by conference Cynthia Moser told the governors that leaders and ISBA leaders to educate them call to determine sources of funding. The the foundation would be voting on a new on tribal law. first order of business is to see if the fellow application – Lu Ann White – and The Courthouse Security bill has come Supreme Court will fund the program at two grant requests at its noon meeting on out of both House and Senate committees. some level. The ISBA would fund the March 9. One grant request is for support It would raise $1 million annually for balance. The ISBA currently provides of the Know Your Constitution program grants to improve courthouse security. $3,000 per month for the program, for 2008. The other was for a couple Forty states have more lawyers in their he said. of projects from the ISBA’s Public legislature than does Iowa, he said. ISBA The nonprofit committee of the Outreach Committee. members need to make a bigger push to Business Law Section is working at drawing She urged the governors to apply for get lawyers elected. up several board policies, such as conflict the fellows program if they weren’t already of interest and document destruction fellows. She also asked for help selecting Bench-Bar Conference policies, he said. topics and/or speakers for the annual Court of Appeals Judge Van Zimmer Admittees to the Iowa bar have fellows’ breakfast at the annual meeting told the BOG that the Bench-Bar maintained a fairly stable level. ISBA in June. Committee, which he co-chairs with Bill membership shows some growth, however. Sackett, has begun making plans for the As of the end of February the association Legislative next biannual Bench-Bar conference in had a net increase of 109 members Jim Carney reported that the ISBA’s May 2008. The committee is looking at compared with the same time last year. affirmative legislative program is doing ways to encourage young attorneys to Membership stood at 7,781 members on well in this year’s General Assembly. Tribal attend. It’s a good way for them to be Feb. 28, he told the board. Law bills endorsing full faith and credit are exposed to judges and other attorneys.

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THE IOWA LAWYER April 2007 9 Quarterly meeting – Bar Foundation board approves two grants, accepts nomination of new fellow The Iowa State Bar Foundation Board commitment to the program. For the past repaying their student loans if they choose of Directors approved a new fellow, several years, the foundation has provided to work in a public service area. An out- authorized grants for two projects and funding for the KYC program, which is growth of a special task force established heard reports on a loan repayment sponsored by the Young Lawyers Division by ISBA President Marion Beatty, the program and an update on the new bar and implemented by the ISBA’s Center for LRAP program design was approved by the headquarters fundraising campaign at its Law and Civic Education. ISBA Board of Governors at its quarterly regular quarterly meeting March 9 in The Foundation board also approved a meeting March 8-9 also in Iowa City. Iowa City. $6,000 grant for two projects being done Under the provisions of the program as Foundation board members accepted by the ISBA’s Public Outreach Committee. envisioned currently, attorneys who have the nomination of ISBA Board of One project will produce a coloring book student loan debt would be eligible to Governors member Lu Ann White as a on law-related issues to be distributed to receive assistance in repaying their student new fellow based on information children at the ISBA’s state fair booth. loans if they make less than $50,000 per presented by Cynthia Moser, president The other project would be a special year, and are working in a public service of the Foundation Fellows program. insert in the Iowa Lawyer this summer area, Reynoldson told the board members. President Joe Thornton stated that he commemorating the 25th anniversary of The task force is not asking for any grant would send a letter to all remaining ISBA mock trial in Iowa. money from the foundation at this time, BOG members who are not yet fellows Elisabeth Reynoldson, chair of the Reynoldson said. However, it is possible inviting them to become part of ISBA’s Loan Repayment Assistance that the task force will have a specific the program. Program Task Force, and Brett Toresdahl, request in time for the foundation’s next The board approved a $7,500 grant for executive director of the ISBA Public quarterly meeting in June. the 2008 Know Your Constitution program Service Project, outlined for the board In response to a question from one of after some discussion about whether it members the program the committee has the board members about the amount the should make a one-year or multi-year developed to assist young lawyers with task force believes is necessary to get the program started, Reynoldson said that she would anticipate a total of $25,000 for the first year with, perhaps, $10,000 of that total being requested from the foundation. In other action, ISBA Assistant Executive Director Harry Shipley provided an updated treasurer’s report. So far in the 2006-07 fiscal year, which began July 1, the board has awarded $47,500 in grants. In addition, it has given the ISBA $15,000 as the first payment of a 10-year $150,000 gift toward the new bar headquarters. Based on the board’s guideline of granting up to five percent of its annual receipts, this leaves approximately $27,500 for future grants in the fiscal year, he said. Shipley also informed the foundation board that the building fundraising campaign currently totals $1.9 million in pledges. Of that pledged amount, approximately $100,000 has been paid to the foundation, which is receiving monies for the building purchase and renovation. President Thornton, reminded the board members that his two-year term as president ends in June, and asked them to identify candidates to enter the officer ranks. President-elect Nan Horvat will assume the role of president at the foundation’s quarterly meeting in June.

10 THE IOWA LAWYER April 2007 Building campaign contributions continue to grow Members of the ISBA’s Board of 13 Office – Davis, Brown, Koehn, Governors and other volunteers are busy Shors & Roberts, P.C. making donor visits this spring for the 15 CLE Center – Orville and Raise the Bar capital campaign to renovate Loanna Bloethe the bar’s new headquarters building. As a result, individual members and firms have Additional information about naming contributed approximately $900,000 of the opportunities and maps of the rooms that total $1.9 million raised for the campaign are still available can be found on the web thus far. site, www.iowabar.org. To inquire about At the Board of Governors meeting in naming a room, please call Bruce Graves Center; Dwight James, Des Moines; Dean Coralville last month, President Marion (515-242-2400), Ed Hansell (515-283-3150) Einck, Cedar Rapids; H Elvin Erdahl, Beatty expressed appreciation to the BOG or Harry Shipley at the ISBA office Monticello; Finley, Alt, Smith Law Firm, and to the fundraising steering committee. (515-243-3179). Des Moines; C. Carlton Frederici, Des One hundred percent of both groups The following individuals and firms Moines; Sheldon Gallner, Council Bluffs; have now made or pledged gifts to have contributed to the building fund Gallner & Pattermann, P.C., Council the campaign. since the March Iowa Lawyer went Bluffs; Philip Garland, Garner; Rich JC Salvo, ISBA past president and to press: Gaumer, Ottumwa; Jeana Goosmann, campaign chair, noted that gifts of $500 or Ahlers & Cooney, P.C., Des Moines Sioux City; Bruce Graves, West Des more to the campaign will be recognized Marvin Berenstein, Sioux City Moines; Joel & Sharon Greer, on a special wall of honor that will be Connie Diekma, Johnston Marshalltown; Joseph Halbur, Carroll; prominently displayed in the building. The Albert Greffenius, Des Moines Edgar F. Hansell, Des Moines; Hansen, wall will group donors into levels by the Frank Harty, Des Moines McClintock & Riley, Des Moines; Mark amounts of the gifts as follows: TJ Heronimus, Grundy Center Hanson, Des Moines; Robert Hatala, $500-$2,499 Bronze Luther Hill, Des Moines Cedar Rapids; Philip Hershner, Marion; $2,500-$4,999 Silver Kliebbenstein, Heronimus, Roger Huddle, Wapello; Dean Jennings, $5,000-$14,999 Gold Schmidt & Harris, Grundy Center Council Bluffs; Elizabeth Kennedy, Des $15,000-$49,999 Platinum John Morrissey, Fairfield Moines; Kintzinger Law Firm, Dubuque; $50,000 and above Diamond Burns Mossman, Des Moines Diane Kutzko, Cedar Rapids; Honorable Greg and Debbie John Lloyd, Osceola; Lockton Risk Individuals or firms can name a room Neumeyer, Cedar Rapids Services, West Des Moines; William in the building for an individual, family, Anna Rybicki, Cedar Rapids Lorenz, Marshalltown; Susan Low, Des firm or legal group with contributions of Karen Shaff and Moines; Matt McDermott, Des Moines; $20,000 or more. At press time, 13 of 23 Steven Jayne, Des Moines Timothy McMeen, Marengo; James naming opportunities have been reserved. Leon Spies, Iowa City Mefford, Chariton; Dan Moore, Sioux City; The room number, room description and Randy Waagmeester, Rock Rapids Cynthia Moser, Sioux City; Patrick Murphy, the name of the firm or individual(s) William Werger, Manchester Lemars; Nyemaster, Goode, West, Hansell reserving the room are as follows: & O’Brien P.C. ; Alan Olson, Des Moines; These individuals and firms con- Bridget Penick, Clive; Deborah Petersen, 1 Lobby – Belin Lamson McCormick tributed to the building fund previously: Council Bluffs; Polk County Bar Zumbach Flynn Helen Adams, Des Moines; Alan Association, Des Moines; John Powell, 3 Asst. Director’s Office – Jim Carney Anderson, Logan; Marion Beatty, Decorah; Perry; Reynolds & Reynolds, Inc., Des 4 North Conference Room – Nyemaster, Belin Lamson McCormick Zumbach Flynn, Moines; Elisabeth & Robert Reynoldson, Goode, West, Hansell & O’Brien P.C. Des Moines; Steve Boeckman, Clive; Osceola; David Roth, Waterloo; Steven 5 Director’s Office – Marvin Berenstein Honorable James Brown, Osceola; Brown, Roy, Des Moines; JC and Trudy Salvo, 6 Visiting Attorneys Office – Winick, Graves, Gross, Baskerville and Harlan; Sera Sersland, Urbandale; Harry Cathrine Waterman (Memory of Schoenebaum, P.L.C., Cambridge; Shipley, Des Moines; Shuttleworth & Robert VP Waterman Feilmeyer, Landsness, & Chase, P.L.C. , Ingersoll, P.L.C., Cedar Rapids; Stanley, 7 South Conference Room – Brown, Atlantic; Jim Carney, Des Moines; Frank Lande & Hunter, Muscatine; Gary Streit, Winick, Graves, Gross, Baskerville Carroll, Des Moines; Jen & Chad Chase, Cedar Rapids; Timothy Sweet, Reinbeck; and Schoenebaum, P.L.C. Waterloo; Color FX, Urbandale; Guy Paul Tyler, Des Moines; Jennifer Tyler, Des 8 South Lounge – Alan Olson Cook, Des Moines; James Craig, Cedar Moines; Van Scoy & Kross, Clinton; Joseph 9 Office – Dickinson Mackaman Rapids; Davis, Brown, Koehn, Shors & Van Winkle, Des Moines; Bob Waterman, Tyler & Hagen, PC Roberts, P.C., Des Moines; Gerald Bettendorf; Catherine Waterman in 10 Office – Finly, Alt, Smith, Scharnberg, Denning, Wilton; Dickinson, Mackaman, Memory of Robert VP Waterman, Sr., Craig, Hilmes & Gaffney Tyler & Hagen P.C., Des Moines; Connie Davenport; Lu Ann White, Johnston; Lynn 11 Office – Shuttleworth & Diekma, Johnston; Dwight Dinkla, Guthrie Wiese, Iowa Falls. Ingersoll, P.L.C.

THE IOWA LAWYER April 2007 11 Civil jury trials becoming fewer – Downward trend demonstrates Iowa not a litigious state By Jim Carney, Legislative Counsel

Each year we check with the Supreme U.S. Chamber of Commerce State Liability 5B Lucas 1 Court to obtain the number of civil filings Systems Ranking Study. 5C Polk 33 for the past year. We use this information 6A Benton 3 to educate the legislature about the Iowa 6A Iowa 1 civil justice system. Number of 2006 Civil Jury Trials in 6A Johnson 19 Civil filings leveled off in 2006. For Iowa’s District Courts by county* 6A Linn 27 the past five years there has been a 17.5 6A Tama 3 percent reduction in civil filings related Total to tort law. Subdistrict County Civil Cases 7A Cedar 2 Rather interestingly, there has been an 1A Allamakee 2 7A Clinton 6 increase in contract-debt collection cases 1A Delawared 1 7A Jackson 1 of 25.4 percent. Additionally, there has 1A Dubuque 9 7A Muscatine 1 been an increase in mortgage foreclosures 1A Winneshiek 2 7A Scott 23 of 45.3 percent. 1B Black Hawk 7 8A Davis 1 The number of civil jury trials in Iowa 1B Buchanan 1 8A Jefferson 2 continues a downward trend. There were a 1B Fayette 2 8A Mahaska 3 total of 262 civil jury trials in the entire 1B Howard 1 8A Poweshiek 1 state in 2006. Of those, 212 related to 8A Wapello 3 tort-type cases. Even more important, there 2A Bremer 2 8A Washington 2 has been a 44 percent decline in the total 2A Butler 1 number of jury trials (civil and criminal) 2A Cerro Gordo 8 8B Des Moines 2 from 1994 to 2006. 2A Franklin 1 8B Henry 2 In 2006, 37 counties reported no civil 2A Winnebago 3 8B Lee 2 jury trials, 21 counties had one, 18 2B Boone 5 Total 262 counties had two and seven counties had 2B Calhoun 1 * Data was preliminary at presstime three civil jury trials. Eighty three counties 2B Carroll 2 reported having three or fewer jury trials. 2B Greene 2 (See accompanying chart.) 2B Hardin 3 This type of information refutes How to contact 2B Marshall 3 allegations by tort reformers that Iowa is a litigious state. These statistics are also a 2B Story 6 your legislator probable explanation as to why Iowa has 2B Webster 2 SENATORS: Call continually ranked in the top four states 3A Buena Vista 2 Phone: (515) 281-3371 to reach the Iowa for doing the best job of creating a fair and 3A Cherokee 1 Senate switchboard. reasonable litigation environment by the 3A Clay 3 REPRESENTATIVES: Call 3A Osceola 1 (515) 281-3221 to reach the Iowa 3B Crawford1 House switchboard. MEDIATION SERVICES 3B Plymouth 1 A list of legislators and their OFFERED BY 3B Sioux 1 E-Mail: e-mail addresses, as well as home JOHN L. HINTERMEISTER 3B Woodbury 15 contact information, is on the Web at Attorney at Law of Muscatine, Iowa, 4A Fremont 2 www.legis.state.ia.us. Legislators read in the areas of real estate, land use, 4A Harrison 2 their e-mail. This is a great way to municipal matters, construction 4A Montgomery 2 communicate with them. issues, landlord-tenant, probate, 4A Page 1 estate planning, agriculture issues Mail: Send mail to members of the and agriculture lending matters. 4A Pottawattamie 12 Legislature at the State Capitol, 5A Dallas 7 Des Moines, IA 50319. FOR FURTHER INFORMATION, 5A Guthrie 1 Call 1-563-263-6501 5A Jasper 2 Web Access: See calendars of or log on to 5A Marion 1 legislative meetings, track legislation, www.jlhmediation.com find your lawmaker, and even listen to 5A Warren 1 and insert the following live debate on the General Assembly’s password: jlhlaw 5B Clarke 2 Web site at: www.legis.state.ia.us. 5B Decatur 2 12 THE IOWA LAWYER April 2007 IOWA STATE BAR ASSOCIATION 2007 Affirmative Legislative Program

Bill No. Bill Subject Bill Description Bill Status HF Indigent Defense Seek $5 increase in the hourly reimbursement rate for court-appointed coun- Approved by House 189 sel for juvenile cases, appeals, Class A and B felonies, and other matters. Judiciary Committee. Referred to House Approps. Committee. HF 744/ Commercial & Amend Code Section 627.6(15) to provide for an exemption for personal Approved by House SF 533 Bankruptcy Law/ injury awards. & Senate Judiciary Personal Property Committees. Placed Exemption on House and Senate Calendars. HSB 5/ Final Disposition Create new Code Chapter 144C, which authorizes adults to execute HSB 5 referred to SF 473 Directives Act enforceable written instruments directing disposition of their human House Judiciary remains after death. Committee. SF 473 approved by Senate Judiciary Committee and placed on Senate Calendar. HF 865/ Probate & Trust Amend various sections of the IA Probate Code & IA Trust Code relating to Approved by House SF 540 Code Amendments court officer oath/certification, small estate administration, homesteads, & Senate Judiciary fiduciary investment powers, guardianship/conservatorship fees & costs, Committees. SF 540 partial intestacy, abatement, annual reports & delinquencies, small bequests passed the Senate of personal property, beneficiary revocation for non-probate assets, fees for 50-0, 3/21/07. extraordinary services, penalty waiver for later filed disclaimers. HF 298 Power of Amend Code Section 561.13 to remove requirement for power of attorney House passed 98-1, Attorney/Legal to include the legal description of homestead property. 2/21/07. Referred to Description of Senate Judiciary Homestead Property Committee. HF 774 Mechanic's Lien Amend Code Chapter 572, Mechanic's Lien Statute, to clarify the statutory Passed the House Statute period for perfecting a mechanic's lien. 92-0, 3/21/07. SF 373 Post-Secondary Authorizes the court to order post-secondary education subsidy for children Passed the Senate Education Subsidy of unmarried parents 47-1, 3/15/07. Referred to House Judiciary Committee.

FINLEY ALT SMITH FINLEY, ALT, SMITH, SCHARNBERG, CRAIG, HILMES & GAFFNEY, P.C. LAWYERS All Types Civil Litigation Mediation Services THOMAS A. FINLEY 699 Walnut Street, Suite 1900 Des Moines, IA 50309 515-288-0145 www.finleylaw.com THE IOWA LAWYER April 2007 13 Bill No. Bill Subject Bill Description Bill Status HF 199 Attorney Fees Amend Code Section 600B.26 to authorize the court to award reasonable HF 199 passed House Related To Paternity attorney fees to the prevailing party in a proceeding to determine custody or on 2/15, 96-0. Proceedings visitation under the Paternity Chapter, or to modify a paternity, custody, or Passed the Senate visitation order under this chapter. 49-0, 3/14/07. Sent to . HF 875/ Uniform Revises UCC Article 1 (IA Code Chapter 554) to update the general provi- SF 535 passed the SF 535 Commercial Code sions that apply to all UCC articles. Senate 50-0, 3/21/07. Update/ Revised HF 875 approved by Article 1 House Judiciary Committee and placed on House Calendar. HF 716 Uniform Updates UCC Article 7 (IA Code Chapter 554) governing warehouse Passed the House Commercial Code receipts, bills of lading, and other documents of title. The revisions 95-0, 3/14/07. Update/ Revised update the provisions in Article 7 to provide a framework for the further Passed the Senate Article 7 development of electronic documents of title. 49-0, 3/14/07. Sent to Governor. HF 651 Iowa Business Amend Sections of the IA Business Corporation Act to: HF 651 passed the Corporation Act I Clarify that the requirement to provide for shares having certain character- House 99-0, 3/21/07. Amendments istics may be met by authorizing one or more series, as well as classes, of Referred to Senate shares having those characteristics. Judiciary Committee. I Allow for corporate documents to rely upon facts objectively ascertainable outside of such documents. I Authorize a provision in the articles of incorporation that permits share- holder action without prior notice if written consents to the action are signed by a sufficient number of holders of outstanding shares having not less than the minimum number of votes necessary to authorize or take action if it were voted on at a meeting. HF 258 Revised IA Amend Code Section 504.831 to make reference to the oversight HF 258 passed the Nonprofit responsibility of directors, as well as include language regarding the House 96-3, 2/20/07. Corporation Act director's ability to rely on others in carrying out the duty of care when the Passed the Senate Amendments director does not have knowledge that makes the reliance unwarranted. 50-0, 3/7/07. This Code Section is based on IA Business Corporation Act Section 490.830, Signed by Governor which includes this language. 3/14/07. Judicial Nominating Amend the Code to provide that selection of the state's Judicial Nomination Deferred for ISBA Commission Commission be based on the current judicial election districts rather than on re-consideration congressional districts. of drafting.

In addition to the above legislative proposals, The Iowa State Bar Association supports the following positions as a part of its 2007 Affirmative Legislative Program:

1. Full funding of the Judicial Branch. 2. Full funding for Legal Services. 3. Funding of the Substitute Decision Maker Act, Iowa Code Chapter 231E. 4. Opposition to legalization of title insurance. 5. Support child abuse prevention and treatment efforts and full funding for child abuse prevention and treatment. 6. Support the Juvenile Court Officers’ recommendations regarding juvenile sex offender treatment. THE IOWA STATE BAR ASSOCIATION www.iowabar.org 14 THE IOWA LAWYER April 2007 (Editor’s note: The Iowa Lawyer is resuming the publication of attorney disciplinary decisions at the request of numerous members. The service is made possible by the generous offer of the ISBA’s Young Lawyers Division. A committee of five YLD members have volunteered to summarize the Supreme Court’s findings each month. Our thanks to the committee members – Vanessa Blanchfield, Des Moines; Dawn Boucher, Des Moines; Matt McDermott, Des Moines; Bill Tharp, Muscatine; Amy Zacharias, Council Bluffs. The following decisions were handed down by the Court in January and early February 2007. Decisions handed down after that time will be summarized and published in subsequent issues of the magazine. To read the entire Supreme Court opinion on any case, go to the following website address: https://www.iacourtcommissions.org/icc/SearchDiscipline.do and search for the attorney by name.)

Andrea Van Beek health problems, recent personal tragedies and calls in the weeks prior to the proceeding, failed Orange City, Iowa the pressures inherent in the practice of law, to provide financial information to opposing Disability Suspension nevertheless found that harm to both Van Beek’s counsel in compliance with discovery deadlines, Supreme Court Order clients and her own well-being was inevitable. failed to subpoena 10 of 11 witnesses for the January 12, 2007 The Court concluded that Van Beek’s hearing, failed to timely file a post-hearing DisciplinarDThe Supremeisc Courtipl suspendedinary Van Beek’s y uncontrolled alcoholism rendered her unable to financial statement, and failed to file post-hearing license to practice law indefinitely, stating that effectively discharge her professional duties, and motions. The complaint alleged that these her uncontrolled alcoholism has rendered temporarily suspended her license until further omissions amounted to neglect under Iowa Code her unable to effectively discharge her order of the Court. Van Beek may apply for of Professional Responsibility DR 6-101(A) and professionalACTIONS duties. reinstatement, but will be required to show a DR 7-101(A). Alexander did not respond to the The disciplinary board originally filed its sustained period of sobriety and adoption of allegations in the Board’s complaint and the application for disability suspension in March measures to ensure she does not resume allegations in the complaint were deemed 2005. The Court continued the show-cause drinking alcohol to the detriment of her clients. admitted. hearing relating to that application based upon The day after the hearing in question, Van Beek’s agreement to undergo inpatient Colleen F. Alexander Alexander was hospitalized for a mental treatment for alcoholism and to follow certain Cedar Falls breakdown. She suffers from depression, anxiety aftercare recommendations. Multiple instances Public Reprimand disorder and obsessive-compulsive disorder. of Van Beek’s intoxication following the Supreme Court Decision Alexander stipulated that she does not intend to continuance, including an OWI arrest and February 2, 2007 practice law in the future. accounts of intoxication while handling client Alexander had no prior history of discipline Since Alexander had no prior history of matters, lead the board to reinstate its request for and came before the Iowa Supreme Court discipline, the case involved neglect of one a hearing. Grievance Commission for failure to properly matter rather than several and she failed to The Court, while acknowledging Van Beek’s prepare for a child custody hearing. respond to the Commission, the Court found attempts at sobriety have been hindered by Alexander failed to return multiple client phone that a public reprimand was appropriate.

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THE IOWA LAWYER April 2007 15 Rodney H. Powell case law do not allow an attorney to place a lien Martha Johnson Norwalk on real property that is the subject of litigation. Polk County License Suspended – six months McKittrick, 683 N.W.2d at 561-62. Public Reprimand Supreme Court Decision Finally, Powell included provisions in his fee Supreme Court Order January 19, 2007 agreement that limited his liability to a client for February 16, 2007 The Iowa Supreme Court Attorney Disciplinary legal negligence. The Iowa Code of Professional The Supreme Court Publicly reprimanded Board filed a complaint against Powell with the Responsibility prohibits such an action. Iowa Martha Johnson for her violations of DR 1- Iowa Supreme Court Grievance Commission Code of Prof’l Responsibility DR 6-102(A). 102(A)(1), DR 9-101(B), and DR 1-102(A)(5) alleging various violations of the Iowa Code arising from her legal employment with the Youth of Professional Responsibility for Lawyers. William T. Morrison Law Center (YLC), a non-profit organization A total of four counts were considered by Mason City representing juveniles in Child in Need of the Commission. License Suspended – three months Assistance (CINA) matters, notwithstanding In three of the four counts against Powell, it Supreme Court Order her involvement in such matters on behalf was found that he illegally imposed finance January 26, 2007 of the State while working as an assistant charges when billing his clients. Powell did not The Supreme Court suspended Morrison from county attorney. have written fee agreements with his clients the practice of law for at least three months for Johnson worked as an assistant county involved in three of the counts. Even without a engaging in conduct which was harmful to the attorney in the juvenile division of the Polk fee agreement, he imposed these finance charges client’s interest and reflected poorly on the legal County Attorney’s office for about a year. Her job and compounded the interest on those clients’ profession. The conduct which caused the Board entailed reviewing and signing (CINA) petitions, bills. Iowa Code § 535.11 (6) (1991) does not to file a complaint was Morrison’s engagement in appearing as counsel for the State in contested allow compounding of finance charges. Further, a sexual relationship with a client he was repre- removal hearings and advising the Department of finance charges are only allowed if the client senting in a dissolution proceeding. Human Services (DHS) in these cases. When agreed in writing to pay finance charges. See The Supreme Court found this conduct to be a Johnson applied and was interviewed for the YLC Iowa Supreme Court Board of Professional Ethics patent violation of DR 5-101(B) (lawyer shall not job, she understood the potential conflict of inter- & Conduct v. McKittrick, 683 N.W.2d 554, 559-60 engage in sexual relations with a client) and DR est, as the YLC employs attorneys who act as (Iowa 2004), (6) (lawyer shall not violate a disciplinary rule or guardians ad litem in Polk County juvenile cases. In attempting to collect the bills owed by his engage in any other conduct that adversely Although Johnson made attempts to avoid clients, Powell threatened to report them to the reflects on the fitness to practice law). potential conflicts prior to accepting the position IRS for income earned when he discharged his The Court stated that a client’s consent is with YLC, she nevertheless, acted as guardian ad bill for nonpayment. Powell did report one client irrelevant to whether an ethical violation has litem in two cases where she had been substan- to the IRS by providing the IRS with a 1099 form occurred. The unequal balance of power in the tially involved as an assistant county attorney. showing that client’s income. Under the United attorney-client relationship may enable the lawyer After hearings on the issue, Johnson and the YLC States Code this was not an appropriate action to take unfair advantage. A sexual relationship were disqualified in numerous cases because for Powell to take. See 26 U.S.C. § 6050P(a) may be harmful to a client’s interest, especially in case-by-case litigation of the conflict of interest (1999). Even the threats of reporting his times of personal crises. An attorney-client issue would “threaten the timely disposition and clients was inappropriate because it involved sexual relationship may prevent the attorney finality of hundreds of [juvenile] cases in misrepresentation and it adversely reflected on from completely representing the client since Polk County.” Powell’s fitness to practice law. See Iowa emotional involvement fostered by a sexual The Court found that Johnson’s conduct was Supreme Ct. Att’y Disciplinary Bd. v. Walker, relationship has the potential to undercut the prejudicial to the administration of justice due to 712 N.W.2d 683, 685 (Iowa 2006). objective detachment that is often demanded for the number of juvenile cases that were disrupted Powell also acquired liens on his clients’ adequate representation. by her actions. The Court further found that she property in an effort to ensure payment. An An attorney initiating a sexual relationship with accepted private employment in a matter in attorney may “[a]cquire a lien granted by law to a client may undercut the client’s trust or faith in which she had “substantial responsibility” while secure a fee.” Iowa Code of Prof’l Responsibility the lawyer since clients rightfully expect that serving as a public employee, in violation of DR DR 5-103(A)(1). However, Powell placed an confidences will solely be used to advance the 9-101(B). attorney’s lien on real property that was the client’s interest. See EC 5-25. Johnson made several arguments on the latter subject of the litigation. Rule DR 5-103(A)(1) and finding, including that her role as an assistant county attorney and as a guardian ad litem both served to promote the best interests of the children involved in CINA cases, and that she had obtained a written waiver from DHS prior to becoming employed by the YLC, and that she acted in good faith. The Court ultimately found these (and other) arguments flawed for various reasons, but did consider these facts in determining the appropriate sanction. The Commission recommended suspension of her license for six months, but after a de novo review the Supreme Court chose to order a public reprimand rather than suspension.

16 THE IOWA LAWYER April 2007 TRANSITIONS

Heather L. Carlson has Kim R. Snitker has been become a shareholder of admitted as a member of the McDonald, Woodward & Ivers, law firm of Brown, Kinsey, ADMISSION P.C., in Davenport. An attorney Funkhouser & Lander, P.L.C., in ON MOTION with the firm, since 2005, Heather Mason City. A 1992 graduate of The following have applied practices primarily in insurance Mount Mercy College in Cedar for admission on motion to the Heather L. litigation, personal injury and Kim R. Snitker Rapids, she received her J.D. Carlson Iowa bar: workers compensation. She from the University of Iowa Terry A. Bauman White, received her B.A. from Augustana College, and College of Law in 2002. She joined the firm in McGrath, North, Mullin & Kratz, J.D. from Saint Louis University School of Law, 2003 as an associate. Omaha, Neb.; Caroline Kelly cum laude, in 1999. She is licensed to practice in Sheerin, University of Iowa, Iowa Iowa and Illinois. Matthew F. Berry has resumed a solo law City; Mark Alan Schwartz, Schwartz & practice under the name of Matthew F. Berry, Assoc., LLP, Northbrook, Ill.; Patrick Sarah C. Alden has joined Attorney at Law in Clear Lake. Prior to opening his George Vipond, Lamson, Dugan & McDonald, Woodward & Ivers, own office, he was associated with Berry & Murray, LLP, Omaha, Neb.; John W. P.C., in Davenport as an Casperson, P.L.C., Attorneys at Law. He can be Huey, Terra Industries, Inc., Sioux associate. Sarah earned her B.A. reached at: 306 Main Avenue, P.O. Box 187, City; Adam Usman Shaikh, Principal from Saint Mary’s College, Notre Clear Lake, IA 50428; phone: 641-357-7296; Financial Group, Des Moines; Dame, Ind., in 2002, and her J.D. e-mail: [email protected]. Anyone with questions or Sarah C. from the University of Iowa Alden comments should contact Keith College of Law in 2006. Prior Kenneth R. Munro has opened a law office in Richardson, Clerk of the Supreme to law school, Sarah completed two terms as Des Moines. The practice will focus on general Court, at (515)281-5911, or write to member of AmeriCorps, a national service trial work, personal injury and mediation. He can the office of Iowa Supreme Court program, at Indiana Legal Services in South Bend be reached at: Munro Law Office, P.C., 4844 Clerk, 1111 East Court Avenue, and at the Neighborhood Centers of Johnson Urbandale Ave., Suite B, Des Moines, IA 50310; Des Moines IA 50319. County in Iowa City. Originally from Berrien phone: 515-279-0443; e-mail: Springs, Mich., she worked as a law clerk for [email protected]. the Seventh Judicial District of Iowa before joining the firm. Randy J. Wilharber and Christopher S. Spencer James P. Moriarty has have joined the law firm of opened a general practice office in Peddicord, Wharton, Spencer, Cedar Rapids. Prior to opening Hook, Barron and Wegman, LLP his own office, he was a partner in Des Moines as associates. at Johnston & Nathanson, PLC, Randy J. Randy received his BA in Political also in Cedar Rapids. A 1982 Wilharber Science from Drake University in James P. graduate of Suffolk Law School in 2002, and graduated with Honors Moriarty Boston and later from the Gerry from Drake Law School in 2005. Spence Trial Lawyer’s College in Wyoming, he was He most recently worked at the admitted to practice in Iowa in 1996. He had a Betty, Neuman and McMahon law general solo practice in Cresco from 1996 to 2006 firm in Davenport. when he joined Johnston and Nathanson. He can Christopher received his BA in be reached at: 222 Third Ave., SE, Suite 299, PO Christopher S. Economics from Drake University Spencer Box 1921, Cedar Rapids, IA 52406-1921, or by in 2003, and graduated with phone at 319-366-2307, or by e-mail at highest Honors and Order Of the Coif, from Drake [email protected]. Law School in 2006.

TRANSITIONS SUBMISSIONS ONLY BY E-MAIL Copy deadline for Transitions is 30 days before the month of publication. Please follow the same style published here and keep submissions short and to the point. For new hires and promotions, the name of the law firm is not as important as the individual involved, so mention the lawyer first. Always submit a photo of the subject. If it is to be digital, please use the “.jpg” format only. Make all submissions in plain text or Microsoft Word “.doc” format via e-mail to [email protected] and please do not expect late submissions to be published immediately. We need at least a 30-day interval before publication. Include office phone number and name of the person furnishing the copy. Questions? Call the ISBA communications director at 515-243-3179. Thank you for your assistance.

THE IOWA LAWYER April 2007 17 Pro Bono in Iowa ISBA honors lawyers who provide access to justice for indigent Iowans On behalf of the ISBA, the ISBA Public Service Project is pleased again to present the Pro Bono Honor Roll recognizing Iowa attorneys who make it possible for more Iowans to have access to justice. Members of the private bar provide hundreds of hours of legal services through various pro bono efforts. Pro bono service is the critical component in making legal services available to the indigent citizens of our state. Listed below are all Iowa attorneys who closed one or more VLP cases in 2006. The list has been compiled by the ISBA Public Service Project, with the assistance and cooperation of Iowa Legal Aid Volunteer Lawyers Project, Polk County Bar Association Volunteer Lawyers Project, and HELP Legal Assistance Pro Bono Project based on information the attorneys reported to these organizations in 2006. Highlighted names are of attorneys who provided 20 or more hours of pro bono services. The names that are capitalized and in bold face type are attorneys who provided 50 or more pro bono hours. This is the aspirational standard established in the Iowa Code of Professional Conduct rule 6.1. Some attorneys who participate in the VLP report their cases through their firms, and these firms are included on the list. In addition to taking cases, many attorneys provide pro bono services in other ways. These volunteers have been included in this list as well. They provide valuable assistance to the legal service community by doing intake, talking with clients at clinics, training and research, assisting with funding efforts, providing leadership on boards, and serving as mediators and as support to the court. We thank all VLP attorneys for their generous commitment and support of pro bono in Iowa and service to the public.

ADAIR: Karen K. Emerson, AMY Guernsey, Linda Hall, John Harris, Keen, John Lander, Joseph Lapointe, HUGHBANKS, David L. Jungmann. John Hines, Russell Hinze, Theresa Charles Levad, Randall Nielsen C. ADAMS: Ann M. Nielsen Hoffman, Eric Johnson, David Kelsen, Bradley Price, John Sorensen, Richard APPANOOSE: Deb George, Keith Kreiman, Mary Kennedy, Sara Kersenbrock, Tompkins, Jr., Michael Vervaecke, Mark James Milani, Jonathan Willier. Curtis Klatt, Thomas Langlas, Timothy Young. BENTON: Mary Adams, John Mossman, Luce, Erin Lyons, Adnan Mahmutagic, CHEROKEE: John Loughlin, DANIEL Larry D. Schue, Deborah Skelton, David Mason, Jr., John McCoy, Chet MELOY, George W. Wittgraf. Jennifer Zahradnik. Mellema, Mark Milder, Michael Miller, CHICKASAW: Michael Kennedy, BLACK HAWK: Andrew Abbott, BRANDON Richard Morris, SHEILA Christopher O’Donohoe, Nathaniel ADAMS, Timothy Ament, Samuel O’LAUGHLIN, Terry Parsons, Emily Schwickerath, Patrick Wegman. Anderson, Robert Andres, Larry Pittenger, Heather Prendergast, Laura CLARKE: Unes J. Booth, Lisa Hynden- Anfinson, Miryam Antunez DeMayolo, Range, David Riley, Mark Rolinger, Jeanes, Kristian Lehmkuhl, Bob Judith Benson, Aaron Bixby, Tim Karla Joy Shea, R. James Sheerer, Paul Reynoldson, Diana Rolands. Boller, Bruce Braley, Robert Braun, Shinkle, Chad Swanson, James Wagner, CLAY: Michael Houchins, David A. Scott. Peter Burk, Jen Chase, Larry Cohrt, D. Raymond Walton, Cheryl Weber, CLAYTON: David G. Baumgartner, John C. Steven Daniels, Robert Dieter, Michael Steven Weidner, John Wood, Terra Compton, Kathleen Neylan. Dunbar, Kevin Engels, Hugh Field, E. Wood, Michael Young. CLINTON: J. Drew Chambers, Kenneth F. J. Gallagher, III, Robert Griffin, Dennis BOONE: Judd Kruse, James Malloy, Michael Schoenauer. Tungesvik. DALLAS: Randy V. Hefner, Matthew BREMER: Chris Foy, Lance Gritters, Lana Hemphill, Jonathan Kimple, James Luhring. VanWerden. BUCHANAN: Sarah Dooley-Rothman, Shawn DELAWARE: Daniel H. Swift, William Harden, Franklin Sauer. Werger. BUENA VISTA: Steven Hamilton, David DES MOINES: James Adams, William Cahill, William Patton, Phil Redenbaugh. Todd Chelf, John Cray, Robert Engler, BUTLER: David Kuehner, Thomas A. Gerald Goddard, Steven Hahn, William Lawler, Richard Vickers. Monroe, Michael Rashid, Tim Roberts, CALHOUN: Lewis S. Hendricks, William Michael Schilling, Scott Schroeder, Kurth. Steven Swanson, Mitchell Taylor, CARROLL: Joseph E. Halbur, A. Eric Neu, Christopher Wallace, Alan Waples. Art Neu, William Polking. DICKINSON: Edward W. Bjornstad, Earl CASS: John P. Otto. Maahs, Robert (Bill) Sackett, ABBY CEDAR: CHRISTOPHER SURLS. WALLECK, Pamela Wingert. CERRO GORDO: Ronald D. Arispe, Rolf DUBUQUE: John R. Becker, Joseph Bitter, Aronsen, Jacquelyn Arthur, Kristy Dave Clemens, George Davis, Robert L. Arzberger, Matthew Berry, John Duffy, Day, Jr., Paul Fitzsimmons, MaryBeth F. David Eastman, James Heiny, William Fleming, Christopher Fry, Michael

18 THE IOWA LAWYER April 2007 Gau, Arthur Gilloon, Timothy Goen, DIRK HAMEL, Werner Hellmer, Iowa Legal Aid’s Campaign for Equal Justice provides funds Douglas Henry, Stuart Hoover, Alfred to help low-income Iowans with critical legal issues involving Hughes, Stephen Juergens, Dean abuse, health care, housing, utilities, public benefits and basic Konrardy, Steven Krumpe, Roger Kurt, necessities. Law firms that donate at least $250 per year for each Francis Lange, Chad Leitch, KERRIE lawyer in their firm distinguish themselves as members of the LIEDTKE, Todd Locher, Daniel Campaign’s elite Leadership Circle. Contributions from the firm McClean, BRIAN PETERS, Anthony Quinn, Bruce Rehmke, Emily Reiners, or from individual lawyers count toward the firm’s eligibility for Mary Schumacher, David Setter, Paul the Leadership Circle. Whether a firm has one or seventy Silich, Christopher Soppe, Jamie lawyers, it can be a part of the Leadership Circle and help ensure equal justice for low- Splinter, Jeffrey Trannel, Jim Trannel, income Iowans. Joshua Weidemann. These law firms joined the Leadership Circle in February 2007: Neu, Minnich, EMMET: Joseph Fitzgibbons. Comito & Neu, P.C of Carroll; and Linda K. Neuman of LeClaire. FAYETTE: John Hofmeyer, III, T. David The following firms are current members of the Leadership Circle: Katsumes, W. Wayne Saur, Jeremiah White, Larry Woods. Ahlers & Cooney, P.C. of Des Moines; Steven C. Anderson, Attorney at Law PLC of FLOYD: Roger Sutton, Ann Troge. Iowa City; Anderson & Tully, P.C. of West Des Moines: Baker, Johnsen & Sandblom of FRANKLIN: Michael J. Cross, Brent J. Humboldt; Beving, Swanson & Forrest, P.C. of Des Moines; Lee B. Blum of Hampton; Symens. Bradley & Riley, P.C. of Cedar Rapids; Bray & Klockau, P.L.C. of Iowa City; Buchanan, GREENE: Mark J. Rasmussen. Bibler, Buchanan & Gabor of Algona; Campbell Law Firm of Des Moines; Cassel, GUTHRIE: Warren Varley, Beverly Wild. McMahon & Stowater of Algona; Martin A. Diaz Law Firm of Iowa City; Elderkin & HAMILTON: MARK L. HEMMINGSON, Eric Pirnie, P.L.C. of Cedar Rapids; Leif D. Erickson of Sioux City; Faegre & Benson, L.L.P. Myers, Edna Rodenborn. of Des Moines; John P. Fahey, P.C. of Omaha; Fitzgibbons Law Firm of Estherville; HANCOCK: Timothy M. Anderson, Phillip L. Garland, Brian D. Jones. Fitzsimmons & Vervaecke of Mason City; Fulton, Martin & Andres, P.C. of Waterloo; HARDIN: Michael Holt, Larry W. Johnson, Galligan, Doyle & Reid, P.C. of Des Moines; Goodman & Associates, P.C. of West Des Carrie Jones, Clark McNeal. Moines; Gunderson, Sharp, Walke, L.L.P of Des Moines; Harding Law Office of Des HARRISON: Jesse A. Render. Moines; Harrison & Dietz-Kilen of Des Moines; Hayek, Brown, Moreland & Hayek, HENRY: Richard J. Bell, Patrick C. Brau, L.L.P. of Iowa City; Hayes Lorenzen Lawyers PLC of Iowa City; Heiny, McManigal, Danny Cornell. Duffy, Stambaugh & Anderson, P.L.C. of Mason City; Lorelei Heisinger, Attorney at Law HUMBOLDT: Steven Sandblom, Gregory Stoebe. of Waterloo; Hemphill Law Office of Spencer; Victoria L. Herring of Des Moines; Clint IDA: Matthew J. Forristal. Hight, P.C. of Greenfield; Staff of Iowa Legal Aid, statewide; Jackson & Jackson, P.L.C. IOWA: Kandyce Smolik, Fred Stiefel. of Cedar Rapids; Law Office of Larry James, Jr. of Des Moines; Kane, Norby & JACKSON: CORLISS BATY, Steven Kahler, Reddick, P.C. of Dubuque; Thomas A. Krause, P.C. of West Des Moines; Kuehnle Law Mark Lawson, Kenneth Wright. Office of Mechanicsville; Lane & Waterman of Davenport; Mahaffey Law Office of JASPER: Randy Caldwell, Dennis Chalupa, Montezuma; Michael R. May, Attorney at Law of Indianola; Paul McAndrew Law Firm James Cleverley, Jr., Bradley McCall, of Coralville; Meardon, Sueppel & Downer, P.L.C. of Iowa City; Mellon & Spies of Iowa Mark Otto, Richard Phelps, John Terpstra. City; Meyer Law Office of Chariton; Olson Law Office, P.C. of Des Moines; Charles W. JEFFERSON: Michael Brown, Sara Cochran, Orr of Coralville; Cynthia E. Parsons of Iowa City; Perkins Law Office of Fort Dodge; Paul Gandy, Leonard Labagh, Stephan Phelan, Tucker, Mullen, Walker, Tucker & Gelman, L.L.P. of Iowa City; Riccolo & Small. Semelroth, P.C. of Cedar Rapids; Elizabeth A. Rosenbaum of Sioux City; Rush & JOHNSON: John Allen, Lars Anderson, Nicholson PLC of Cedar Rapids; Sayre, Wittgraf & Meloy of Cherokee; Schroeder & Steven C. Anderson, Steven Ballard, Anderson of Mason City; Max Schott & Associates, P.C. of Des Moines; Shuttleworth & Jean Bartley, Christine Boyer, Maurine Ingersoll, P.L.C. of Cedar Rapids; Dale B. Smith of Sloan; Kimberly J. Stamatelos of Braddock, David Brown, David Burbidge, Martin Diaz, Eleanor Dilkes, West Des Moines; Al Sturgeon Law Office of Sioux City; Randy Trca of Iowa City; Tripp, Robert Downer, Sue Dulek, Scott Flynn, P.C. of Pella; Valentine Law Office, P.C. of Fort Dodge; Wandro, Baer & Appel, P.C. of Kirsten Frey, Peter Gardner, Timothy Des Moines; Wilson, Fowler & Fusco of Indianola; Zimmerman Law Office of Des Grady, Stephen Greenleaf, Thomas Moines; and Anonymous (1). Hobart, Aimee Hobby Rhodes, Michael For more information about the Leadership Circle, or the need of Iowa Legal Aid Kennedy, Tarek Khowassah, Sue Kirk, for financial support, contact Scott Hartsook at 800-992-8161, or [email protected]. Kandie Kringlen Gelner, James Larew, Karen Lorenzen, Paul McAndrew, Jr., Dennis Mitchell, Joseph Moreland, Dell Richard, Ann Tompkins, Bruce Walker, ALISON WERNER SMITH, Randall NOTICE Willman. JONES: Craig Elliott, Adrian Knuth, Aaron UNAUTHORIZED PRACTICE OF LAW VIOLATIONS Thomas. KEOKUK: Edward Conrad. For information and to file a complaint, contact: KOSSUTH: Scott Buchanan, Diane DiPietro Mark Godwin, Chair – Commission on Unauthorized Practice of Law Wilson. LEE: Emily Dean, James Dennis, R. L. 400 East First Street • Des Moines, Iowa 50309 • e-mail: [email protected] Fehseke, Jr., Richard L. Fehseke, III,

THE IOWA LAWYER April 2007 19 Robert Reding, Carl Saunders, Steven Thorson, Crystal Usher, Traci Brennan; Brick, Gentry, Bowers, Swan. Vercande, Karen Volz, John Swartz, Stoltze & Levis; REBECCA LINN: Brian Bergstrom, Joseph Bertroche, VonLackum, Richard Wenzel, Lynn BROMMEL, Suzann Brooks; Brown, JACE BISGARD, Benjamin Blackstock, Wickham Hartman, Thomas Winick, Graves, Gross, Baskerville & Chuck Blades, Richard Boresi, Clovis Wilkinson, Jr., Dawn Wilson, Douglas Schoenebaum; Julie Buenzow, John Bowles, Gilda Boyer, Brad Brady, Wolfe, Karla Wolff, THOMAS WOLLE, Bunz, Michael Burdette, Patrick Burk, MATTHEW BRANDES, Ann Brown, Mark Zaiger, Richard H. Zimmermann. Bruce Butler, Heather Campbell, Ryan Carter, Kevin Caster, Mary LOUISA: Roger A. Huddle. Patrick Carpenter, Brent Cashatt, Chicchelly, Kevin Collins, Patrick LUCAS: Raymond C. Meyer. Jennifer Clendenin, Lori Cole, Tim Courtney, Christine Crilley, Elizabeth LYON: Francis A. Honrath. Coonan, Nick Cooper, Chris Coppola, Croco, Amanda D’Amico, Terri Davis, MADISON: Julie A. Forsyth, Jacqueline M. Kris Corcoran-Frye, Larry Cox, Robert Davison, Laurie Dawley, Daniel Goertz, Jerrold Oliver, G. Stephen Thomas Crabb, David Craig, Martha DenBeste, Kenneth Dolezal, Landon Walters. Crist, Michael Cumings; Davis, Brown, Dufoe, Dean Einck, Gregory Epping, MAHASKA: Randy DeGeest, David Dixon, Koehn, Shors & Roberts; Steve Bruce Erusha, Michael Fay, HEATHER Garold Heslinga, RoseAnne Mefford, Despotovich; Dickinson, Mackaman, FLEMING, Richard Fry, Richard Jeffrey Smith, Joel Yates. Tyler & Hagen; Connie Diekema, Garberson, Sarah Gayer, Cory MARION: ROBERT CONRAD, Fred Catherine Dietz-Kilen; Dorsey & Goldensoph, Rebecca Goodgame Kreykes, Lois Vroom. Whitney; Paul Drey, Joseph F. DuBray, Ebinger, Larry Gutz, Charles Hallberg, MARSHALL: Douglas W. Beals, Brian Jason Dunn, Steve Eckley, Carmen Renee Hanrahan, Allison Heffern, Danielson, Randal Giannetto, Melissa Eichmann, Susan Ekstrom, Tara Eugenia Hernandez, William Nine, Reyne See, Merrill Swartz. Elcock, Michael Ensley, David Erickson, Hochstetler, Tricia Hoffman-Simanek, MITCHELL: Richard Gross. Nora Everett. Steven Howes, Wesley Huisinga, MONONA: James Westergaard. Also: JEREMY FEITELSON, Jake Stephen Jackson, Jr., Stephen Jackson, MONROE: Steven Goodlow. Feuerhelm, James Fifield, TOM Sr., Judith Jennings Hoover, Maureen MUSCATINE: Esther Dean, Michael Metcalf, FISHER, Erik Fisk, Sally Frank, Susan Kenney, Linda Kirsch, Mona Knoll, D. W. Newell, Jean Pfeiffer, Michael Freed, Brian Galligan, Michael Alan Kress, Gerald Kucera, Diane Siering. Galloway, Fred Gay, Ryan Genest, Drew Kutzko. O’BRIEN: Micah Schreurs, Randall Sease, Gentsch, Mike Gilchrist, Krista Also: CARRIE LASEUR, Anne Laverty, Thomas Whorley. Gorsche, Gary Goudelock, Jr., Anne Jean Lawrence, Michael Lindeman, PALO ALTO: Donald Capotosto. Graff, Bruce Graves; Grefe & Sidney; Anne Loomis, Brandy Lundy, ROBERT PLYMOUTH: Richard Bauerly, Scott Elizabeth Gregg Kennedy, Greg MATIAS, Jon McCright, Scott McLeod, Bixenman, W.E. (Gene) Collins, Greiner, Gordon Greta, Elizabeth Dennis McMenimen, Douglas C. Patrick Murphy, Marten Trotzig. Grob, Janet Gustafson, Danielle Meyer, Frank Mitvalsky, Richard POCAHONTAS: Donald Beneke, Donald Haindfield, Heather Handley-Cherry, Mitvalsky, John Monroe, James Winkler. Jim Hanks, SILVIA HANSELL, Jill Moriarty, David Mullin, Charles Nadler, POLK: Michael Abbott; Ahlers & Cooney, Hansen, John Harding, Marc Harding, Randall Nazette, Frank Nidey, Douglas P.C.; Matt Ahmann, Allison Abbott, Seth Harrington, Harvey Harrison, J. Oelschlaeger, Robert O’Shea, Steven Ryan Albaugh, Everett Albers, Alfredo D. Hartung, Wade Hauser, J. Campbell Pace, Thomas Peffer, Nancy Penner, Alvarez, Fred Anderson, Jeffrey Helton, Christopher Henderson, P.A. WILLIAM PROWELL, ANGI Anderson, Kermit Anderson, Ron Henrichsen, VICTORIA HERRING, RAILSBACK, Carroll Reasoner, Lorie Anderson, Della Arriaga, JAMES R. Ann Hesselink, John Hintze, Kevin Reins-Schweer, Mark Rettig, Linda AUSTIN, Todd Babich, Nathan Barber, Hobbs, Jennifer Hodge, Joyce Robbins, Jeannine Roberts, MARTY Patricia Barry, William Bartine; Belin, Hoffman, Bob Holliday; Hopkins & ROWLET, Jenny Schulz, Nicholas Lamson, McCormick, Zumbach & Huebner; TERRY HOPKINS, R. J. Scott, James Sines, Greg Slessor, Kent Flynn; James Benzoni, Aaron Bernard, Hudson, Jr., Patricia Hulting, Jason Smith, Renee Sneitzer, R. L. Sole, Cory Tammi Blackstone, Nathan Blake, Eric Hunt, Kyle Jackson, Lauren Jacobson, Speth, Gary Streit, Stephen Swift, Borseth, Andrew Bracken; Bradshaw, Fred James, LARRY JAMES, SR., Robert Teig, David Thinnes, Larry Fowler, Proctor & Fairgrave; Scott Carmen Janssen, Rod Janssen, Jennifer Jaskolka-Brown, Jill Jensen-Welch, Alexander Johnson, Tricia Johnston, Samantha Kain, William Kelly, Jeffrey Kelso, Greg Kenyon, Mary Kiener, Patrick Kirchner, Kim Knoshaug, Mark Konrad, Gretchen Kraemer, Jim Krambeck, Thomas Krause, Kari Litigation Support | Corporate Services Kruml, Roger Kuhle, Cristina Kuhn. Also: Robert Laden, Mark Lagomarcino, Jennifer Lampe, Kami Lang, Lance Lange, Thomas E. Leahy, Tom Levis, Suzanne Levitt, Vera Lichtenberger, JESSE LINEBAUGH, Jeffrey Lipman, Tom Loftus, HOLLY LOGAN, Craig Long, Mark Lowe, Richard Lozier, David Luginbill, Steve Lytle, Ed Mansfield, Jane McAllister, CYNTHIA Pro Copy | 455 SW 5th Street, Suite A | Des Moines, IA 50309 | 515.243.1891 | 1.888.243.1891 MCCALL, Lora McCollom, Curt Pro Copy | 8710 F Street, Suite 128 | Omaha, NE 68127 | 402.341.6400 | 1.888.341.6400 McCormick, Clark McDermott,

20 THE IOWA LAWYER April 2007 MATTHEW MCDERMOTT, Michael Ryan, Michael Said, Peter Sand, Warren, IVAN WEBBER, Mark McEnroe, Miki McGovern, Ed Richard Santi, John Schmidt, Brad Weinhardt, Tammy Westhoff, Neal McIntosh, John McKinney, Larry Schroeder, Mark Schulteis, Joe Seidlin, Westin; Whitfield & Eddy; Samantha McLellan, Donna Miller, William (Bill) Steven Serck, Karen Shaff, Robert Willets, DON WINE, Jeff Wurzburg. Miller, James Monroe, Guy Montag, Sharp, Jeremy Sharpe, Kara Sinnard, Non-Attorneys: Jim Bryan (Law Sean Moore, David Morse, Burns Anita Shodeen, Patricia Shoff, Anjie Student), Joel Hengstler (Law Mossman, Linda Murphy, Steven Shutts, Cathleen Siebrecht, Theodore Student), Diane Murphy (Law Nadel, Alexandra Nelissen, Chris Sims, II, Kara Sinnard; Smith, Student), James Neal (CPA), Mary Nelson, CHARLIE NICHOLS, William Schneider, Stiles & Serangeli; BEHNAZ Jankowski (Mediator) Noth; Nyemaster, Goode, West, SOULATI, Alissa Smith, JERRY Attorneys volunteering at the HOLA Hansell & O’Brien; ROBERT SPAETH, Katherine Spencer, John Center clinics: Justin Allen, Della OBERBILLIG, Dennis Ogden, Nathan Sprole, Steve St. Clair, KIM Arriaga, Blair Bennett, James Benzoni, Overberg, Heather Palmer, Peter STAMATELOS, MAC STANFIELD, Aaron Bernard, Nathan Blake, Alison Pashler, Tim Pearson, Karen Pearston; Randy Stefani, Jason Stone, Courtney Brown, Michael Burdette, Tim Coonan, Peddicord, Wharton, Spencer, Hook, Strutt-Todd, Susan Suh, Ron Sutphin, Tom DeSio, Tina Fisher, Brian Barron & Wegman; Ron Peeler, Greg Debra Svoboda Epp, Cliff Swartz, Paul Galligan, Fred Gay, Robb Goedicke, Peterson, James Piazza, Sr., Jeff Pierce, Swinton, Krista Tanner, Deborah Christina Gonzalez, Ferzana Hashmi, Jeff Pievick, Sarah Pitts, VICKI PLACE, Tharnish, Mark Thomas, William Larry James, Sr., Lance Lange, Vera Van Plumb, Thomas Pospisil; Principal Thomas, Nancy Thompson, Andrew Lichtenberger, Laura Lockard, Holly Financial Group – Law Department. Tice, Nan Tiernan, Andrew Tipton, Logan, Bret Lucas, Cory McClure, Also: Wayne Reames, Joseph Renzo, Kristi Traynor, Steven Traynor, Leanne MATT MCDERMOTT, Miki McGovern, Alexander Rhoads, Tracie Rickers, Valentine, Pam Vandel, Margaret Van Scott Mikkelsen, Chris Nelson, Amy Scott Riemenschneider, Felicia Bertin Houten, John Vernon, James Omvig, Heather Palmer, Sonia Parras, Rocha, JESSICA ROGERS, Hanna Wainwright, Michelle Warnke, Stacey Kara Peterson, Joe Renzo, Michael Said, James Sarcone, Jr., Danielle Shelton, Gail Sheridan-Lucht, Katherine Spencer, Curtis Stamp, Ron What you need to know about Sutphin, Chinyere Ukabiala, John Iowa’s New Minimum Wage Law Vernon, Ron Wheeler. By Stephan R. Hampton, Executive Officer Wage Payment and Minimum Wage – Iowa Division of Labor Iowa Governor Chet Culver signed to pay an “initial employment wage” into law a new Iowa minimum wage of $5.30 per hour during this that took effect April 1. Here are some 90-calendar-day period. That “initial of the things you need to know about employment wage” will increase to the new law: $6.35 per hour as of Jan. 1. I It increased the minimum wage from I Commencing April 1, tipped the current $5.15 per hour to $6.20 employees, those who “customarily per hour as of April 1. That wage rate and regularly” receive more than $30 will go up to $7.25 per hour as of per month in tips, must be paid at Jan. 1, 2008. least $3.72 per hour. This amount I It generally applies to all employers will increase to $4.35 per hour on who gross at least $300,000 in sales or Jan. 1. If the wage paid and tips business per year. In addition, the law received do not average at least applies to some types of employers minimum wage for all hours regardless of business volume, such worked, the employer is required as government agencies, schools, day to pay the difference. care centers, pre-schools, hospitals, I Iowa employers will be required to and those in construction, laundry put up a new poster reflecting the and dry cleaning. There are some new minimum wage. employers who are not required to comply with the law, such as many For more information on the new types of agriculture-related Iowa Minimum Wage Law and to employers, certain summer download a free copy of the new Iowa camps, and others. Minimum Wage Poster, watch the I It also changes the “initial “Announcements” column on the Iowa employment wage” that employers Workforce Development web site at may pay a new hire the first 90 www.iowaworkforce.org. calendar days of employment. As of If you have additional questions, April 1, an Iowa employer is allowed contact me directly at 515-281-5337.

THE IOWA LAWYER April 2007 21 Interpreters volunteering at the HOLA Levien, Ron May, Helen McAninch, WARREN: TRICIA DIELEMAN-LEE, Center clinics: Ben Bergman, Tom Jeff McDaniel, Elliott (Scott) William Eddy, James Fowler, Kimberly Carney, Andrea Diaz, Mary Dzubak, McDonald, III, Mike Meloy, Wendy Haddox, Stephen Hall, Guy Montag. Frederick Ebinger, Sgt. Joe Gonzalez, Meyer, John Moeller, Timothy Moss, WASHINGTON: CRAIG ARBUCKLE, Daniel Justin Gross, Kyle Hanson, Emiliano Curt Oppel, Tom Pastrnak, DIANE Kitchen, Katie McConnell, GERALD Lerda, Jody Mashek, Diane Murphy, PUTHOFF, Angela Reier, Mike PARTRIDGE, Kathryn Salazar. James B. Neal, Penny Nichols, Alex Roeder, Richard Roller, Ian Russell, WAYNE: Roberta Chambers, Monty Piedras, Michael Piper, Janelle Sarcone, MIKKIE SCHILTZ, Judy Shawver, Kim Franklin, Alan Wilson. Diane Smith, Omar Torréns, Jill Shepherd, Hunter Stanley, Lande WEBSTER: Stuart Cochrane, Blake Parker, Tranel, Heather Walles. Stanley, Robert Tappa, Dave Treimer, Kurt Pittner, R. Thomas Price, Jerry A special thank you to the Officers and Troy Venner, Marlin M. Volz, Jr., Schnurr, III, David Sergeant, William Board Members of the Polk County Robert Weinberg, Clemens A. Werner, Thatcher. Bar Association Volunteer Lawyers Jr., James Wherry, Kyle Williamson, WINNEBAGO: Daron Fritz. Project: Tom Levis – President, Bill Howard Zimmerle. WINNESHIEK: Jason Gann, Laura Parrish Kelly – Secretary, Greg Page – SHELBY: Richard Schenck. Maki. Treasurer, Hon. Larry Eisenhauer, SIOUX: Don Klein, James Pickner, Andrea WOODBURY: Steven Andreasen, A. Frank Susan Ekstrom, Holly Logan, Robert VanBeek. Baron, Robert Deck, Michael Oberbillig, Tim Pearson, Roxann Ryan, STORY: Daniel Bappe, Thomas Cahill, Ellwanger, DOUGLAS FLOM, Judith Donn Stanley, Krista Tanner. Stephen Lickiss, Jere Maddux, John GARNOS HUITINK,Randy Hisey, POTTAWATTAMIE: Larry Beckman, Karen Martens, Kathy Mace Skinner, John Mercedes Ivener, Michael Jacobs, Dales, Stephen Ebke, Keith Engel, Timmons, Dario Zaffarano. Rosanne Lienhard, Gregory Lohr, Daniel Fretheim, MICHAEL TAMA: Jared Bauch, Bruce Reinders, Allan Dawn Mastalir, Glenn Metcalf, John GALLNER, Maggie Hal McCann, Eric Richards. Moeller, John Nelson, Barbara Hansen, Dean Jennings, Drew Kouris, UNION: Marion James, Arnold Kenyon, III. Orzechowski, Billy Oyadare, Janet Leo Martin, Roberta Megel, Kimberly VAN BUREN: William (Wally) C. Glass. Peterson, Wayne Prichard, JAMES Murphy, G. Elizabeth Otte, Luke WAPELLO: Michael Carpenter, H. Edwin REDMOND, Delbert (Will) Rowse, Paladino, T. J. Pattermann, Jacob Detlie, Philip Ferren, Richard Gaumer, Suzan Stewart, Bruce Thomas, David Peters, Donnie Peterson, Richard Cynthia Hucks, Joni Keith, Thomas Updegraff, Rodney Vellinga, Harold Peterson, John Rasmussen, Michael Kintigh, Mary Krafka, Jeffrey Logan, Widdison, Kendra Zirbel Olson. Sciortino, Jennifer Verhein, Angela Gregory Milani, Michael Moreland, WORTH: Garrett Caffee, JEFFREY GREVE, Weatherhead. Victoria Siegel, PAUL ZINGG. Douglas Krull. POWESHIEK: Jeffrey Garland. SAC: Colin McCullough, Erin McCullough, Charles Schulte. SCOTT: Joseph Adam, Steven Berger, Jeff Cook, Joseph Creen, H. J. Dane, Jack Omaha Bar Association – Creighton Law School Seminar Darland, Richard A. Davidson, On Ethics and Professionalism Courtney Decker; Deere & Company Law Department; Robert S. Gallagher, George Goebel, Stacy Hall, Matt Friday, April 20, 2007, 2:00 – 5:00 p.m.

Hatch, Stacey Hawke, Ralph W. Gross Appellate Courtroom Heninger, Derek Jones, Jay Jung, Gary Lane; LANE & WATERMAN, LLP; Creighton University School of Law Andrew Larson, Matthew Leddin, Craig Cost: Free to all OBA Members, Creighton Law School Faculty and Students; $25 for all other attendees

Accreditation for 2 hours Iowa CLE ethics credit pending

Business Valuations Summaries of recent Nebraska and Iowa ethics decisions will be provided. and Litigation Support TOPICS: 2:00 - Welcome J. Scott Paul, OBA President and Dean Patrick J. Borchers

2:05 - Ethics Beyond Intuition: Obligations That May Surprise You Prof. Stephen C. Sieberson, Creighton Law School

3:05 - Recognizing and Addressing Substance Abuse and Mental Health Issues in the Legal Profession Alan D. Ryerson Dean Patrick J. Borchers, Moderator CPA /ABV, ASA Frederick Allan, Director, Nebraska Lawyers Assistance Program S. Pirzada Sattar, MD.

4:05 - Panel Discussion: Professionalism, Client Communications and Avoiding Ethical Difficulties BUSINESS OBA President J. Scott Paul, Moderator CAPITAL Honorable Laurie Smith Camp, District Court Judge, CORPORATION District of Nebraska Dennis G. Carlson, NSBA Disciplinary Counsel Thomas F. Hoarty, Jr., Byam & Hoarty Your True Strength. James E. Schaefer, Gallup & Schaefer

Reception for attendees in the Commons, 5:00 – 7:00 p.m.; food and drink will be 666 Walnut Street Suite 1508 provided. Des Moines, Iowa 50309 515-282-8019 Fax 515-282-0325 Gregory L. Weber To reserve your place, please reply to Mardee Korinek, 2133 California, Omaha, NE 68178, (402) 280-3607 or e-mail to [email protected]. www.businesscapitalcorp.com CPA /ABV, ASA

22 THE IOWA LAWYER April 2007 Equal Justice After Hours honors six volunteers, inducts three into Hall of Fame Iowa Legal Aid’s Fourth Annual Equal calling – we are here to reach out and to work of attorneys in the Cedar Rapids Justice After Hours took place March 6, help others. That is a very noble effort Regional Office in representing family commemorating the 30th anniversary of and one that I am glad to have had some law clients who would otherwise go the organization and marking the end of part to play in realizing here in the without assistance. the 2006 Campaign for Equal Justice. The state of Iowa.” These resources were initially obtained event featured inductions into the Iowa by a decision of the Linn County Bar Legal Hall of Fame and recognized and Principal Financial Group Association to increase its dues. Today, the celebrated the work of volunteer The Principal Financial Group Legal funds are a voluntary donation at the time attorneys and the principle of equal Department has been a pillar of support dues are paid. More than 70 percent of the justice under law. for Iowa Legal Aid for two decades. With bar association’s members choose to con- The following individual and two the leadership and encouragement of then tribute money to help meet the needs of organizations have been inducted into the Chief Counsel Herman Bailey, beginning low-income Linn County residents. In the Iowa Legal Aid Hall of Fame: in 1987, the Principal Legal Department 2005-06 year, the contribution was $38,000. has provided ongoing assistance in a Members of the Linn County Bar Gary Lane variety of forms. That assistance began Association have contributed countless Gary Lane is a Davenport attorney who with both attorneys and paralegals making hours representing area clients facing a has served with distinction on the boards weekly visits to what was previously known wide range of problems by of directors of both HELP Legal Assistance at the Legal Aid Society of Polk County. accepting case referrals placed through the and the statewide legal services program The attorneys performed initial interviews Iowa Legal Aid Volunteer Lawyers Project. now known as Iowa Legal Aid. In his with prospective clients, and the paralegals Attorneys in Linn County provide addi- capacity as a board member of the provided hands-on help with existing cases tional pro bono service in three special then-known Legal Services Corporation of and clients. intake projects. Iowa, he helped guide the program’s Following the merger of the Legal Aid The Linn County Bar Association has original incorporation and administration. Society of Polk County and the Legal excelled in the effort to provide equal jus- His efforts as an attorney board member Services Corporation of Iowa, attorneys tice to low-income people in Linn County. helped garner the support of the legal from the Principal Financial Group community for the creation of the new continued their volunteer efforts in the The following attorneys received statewide legal services program. Central Iowa Regional Office of Iowa Legal volunteer awards from the Iowa Legal Aid Gary has served on the Board of Aid. Each Friday, a member of the legal Volunteer Lawyers Project, the Pro Bono Directors of HELP Legal Assistance since department interviews prospective clients Project of HELP Legal Assistance, the Scott 1970, including several years as board in the Central Iowa Regional Office. County Bar Association and the Polk president. In that capacity, he provided Almost 100 volunteer hours are County Bar Association Volunteer critical leadership during tumultuous provided annually by the Principal Legal Lawyers Project: periods of diminished funding and Department and the help and encourage- political opposition in Congress. He has ment they offer Iowa legal Aid is Corliss Baty provided steady leadership and has been a invaluable. In addition, the Principal Corliss Baty of Maquoketa closed five trusted friend and confidant to HELP’s Financial Group has provided financial family law cases in 2006. Family law cases past and current Executive Directors. support to Iowa Legal Aid for several years. have the distinction of being the highest In addition to his board service, Gary Members of the legal department have requested area of service and the most has been an attorney in service to been instrumental in the fundraising low-income residents of Scott County. campaign and helpful in publicity efforts. For more than 30 years, he has been a dedicated supporter of equal access to Linn County Bar Association Don Thompson justice and a mainstay to the legal aid The Linn County Bar Association has community in Iowa. long fostered an environment that is Mediation & Arbitration Reflecting on the development of supportive of access to justice for all of Construction the statewide legal aid program, he residents of Linn County. This support is and Commercial Cases commented: “All of this grows out of a evidenced by its volunteer activities and professional responsibility that our financial contributions. since 1993 ancestors in the profession tried to meet For more than 20 years, the Linn County as best they could through volunteer Bar Association has provided the Cedar 319-363-0101 representation of people in need...I take Rapids Regional Office with significant [email protected] great pride as a member of this profession funding for work on family law matters. www.bradleyriley.com to recognize that this is a feature of this This money has been used to fund the

THE IOWA LAWYER April 2007 23 difficult to place. The fact that all of service to the Polk County Bar Association Bruce Butler the cases were family law makes his Volunteer Lawyers Project and its clients Bruce Butler is a solo practitioner in contribution even more exemplary. over the past year. The firm has always Des Moines. This past year, he accepted a One of the cases Corliss handled encouraged its attorneys to be active dissolution of marriage case that appeared involved a complicated interstate custody participants in the project. to be relatively simple with a few possible issue with Florida. The client was a victim In 2006, 18 attorneys completed refer- issues regarding the couple’s financial of domestic violence and faced an rals from the Polk County Bar Association assets. In truth, the case involved a opposing party with significant financial VLP totaling more than 500 hours. Special mentally ill client and issues that could not resources. Corliss worked very hard to get recognition goes to Jerry Spaeth who be resolved due to the client’s illness. the case transferred to Iowa, the state that closed two cases totaling almost 200 hours. The case went to trial. On this case had jurisdiction. Unfortunately, the In addition to case referrals, attorneys alone, Bruce donated over 200 hours of Jackson County District Court ruled that from the Whitfield firm have served in his time to assist this client. Upon closing the case should be litigated in Florida. leadership roles on the Polk County Bar the case, he gave the Polk County Bar Corliss practices in Jackson County, Association VLP Board of Directors since Association Volunteer Lawyers Project which has a very small bar association. The the creation of the program. Megan Director his reason for continuing with low number of lawyers in Jackson County Antenucci and Anjela Shutts have both such a difficult case. He said simply that makes Corliss’ contributions even more served as presidents of the board. Anjela the client needed the help. The generous significant because there is no shortage Shutts continues to serve on the board contribution of his time over many years of of clients in Jackson County needing of directors. service deserves recognition and thanks. legal assistance. This firm is a role model for how much assistance a large firm can provide to the George Goebel Alison Werner Smith community in terms of assistance to the George Goebel is a long-time participant Alison Werner Smith in Iowa City clients of the program, as well as leader- in the Scott County Pro Bono Project. donated 104 hours in 2006. There is always ship for the program itself. Thank you George closed two cases of some note in a strong need for representation in family to all of the firm members for their 2006. The first case involved a young law cases and Alison has stepped up to the commitments to this program. couple with 4 children who rented a home plate. In addition, she has tackled an area with an option to purchase. They paid of increasing importance for low-income Larry James, Sr. more than $5,000 when they entered people – driver’s license suspension. In Larry James, Sr. is a solo practitioner the agreement. Upon moving in they one decision, the court noted that Alison’s and owner of James Mortgage Company. developed health problems due to mold, client was asking for installment payments, Larry has been a committed volunteer, and had to move out. George filed a but the Department of Transportation accepting many referrals over the past year, lawsuit on the clients’ behalf for return of stated it lacked the computer capacity to as well as regularly assisting with the intake their money and for their injuries. The accept them. The court urged the and advice clinic conducted at the representation lasted four years, and Department to look into making a Hispanic Outreach Center (HOLA). resulted in a cash settlement to the clients. change in that regard. This past year Larry went above and The second case involved a divorced Alison has been a Volunteer Lawyers beyond any expectations, closing three mother of three. While married, the Project member since 1999 and has cases totaling more than 400 hours. Larry client’s husband executed a mortgage on handled 21 cases, contributing almost primarily accepts cases pertaining to real the family home without her knowledge. 300 hours of volunteer time. property and landlord/tenant matters. The couple divorced, and the divorce Larry has used his expertise to help decree awarded the home to the client. Whitfield and Eddy clients who are victims of predatory Since the client’s name was not on the Whitfield and Eddy Law Firm in Des lending practices and unscrupulous mortgage, the mortgage holder did not Moines continued its long tradition of landlords. His support of the Polk County notify the client when the mortgage was in Bar Association VLP and commitment to default. A foreclosure was filed, and the helping disadvantaged clients is very client was in danger of losing her home. much appreciated. George intervened on behalf of the client, In his remarks, Larry said: “Thank you and the foreclosure was dismissed as to the much, this is why I went to law client and she was able to remain in the school...Anybody who doesn’t believe we home with her children. have an epidemic in our midst currently Throughout the state, 2,895 Volunteer with these predatory practices has not Lawyers donate pro bono services to help been reading the paper every week. Talk fulfill the promise of equal justice to to your friends who do regular work with people with nowhere else to turn. The foreclosures because it is an epidemic, so value of their donated services in 2006 was there are a lot of people out there who more than $1.9 million. Iowa Legal Aid need your help. I hope we can recruit expresses great appreciation for these more people to do it, and it’s a real honor contributions of time and talent as the for me to do it.” agency works for fairness in the state.

24 THE IOWA LAWYER April 2007 Iowa Association of Legal Administrators offers consulting help to attorneys The ISBA-affiliated Iowa Association of Legal Administrators 15 minutes, IALA officials estimate. is offering to provide free consulting services to solo and small Members may make initial contact with a consultant via firms of 15 or fewer members on their administrative problems. e-mail or phone. Neither the IALA nor the ISBA assume any Fifteen volunteers, three each in the areas of general liability for damages or losses of any kind as a result of the management, facilities, financial, computer systems and software, advice given. and human resources, will answer questions ISBA members have Following is a list of professional administrators who in the five areas. Most consultations should take no longer than have volunteered:

General Management: Rick Hill John McCune Human Resources/ Sandra Dodson Meardon, Sueppel & Downer, P.L.C. McKee, Voorhees & Sease, P.L.C. Employee Relations: Bradshaw, Fowler, Proctor & 122 South Linn Street 801 Grand Avenue, Suite 3200 Dori Hildebrand Fairgrave, P.C. Iowa City, IA 52240 Des Moines, IA 50309 Belin Lamson McCormick 801 Grand Avenue, Suite 3700 Phone # (319) 339-9319 Phone # (515) 288-3667 Zumbach Flynn Des Moines, IA 50309-8004 Email: [email protected] Email: [email protected] 666 Walnut Street, Suite 2000 Phone # (515) 243-4191 Shannon Bruns Des Moines, IA 50309-3989 Email: dodson.sandra@ Bradley & Riley, P.C. Systems (Computer Phone # (515) 243-7100 bradshawlaw.com 2007 First Avenue S.E. Hardward/Software): Email: [email protected] Sheila Baker Stan Kabat P.O. Box 2804 Crary, Huff, Inkster, Sheehan, Lane & Waterman, L.L.P. Cedar Rapids, IA 52406-2804 Aimee Oakley-Runyan, CLM Ringgenberg, Hartnett & Storm, P.C. 220 North Main Street, Suite 600 Phone # (319) 363-0101 Whitfield & Eddy, P.L.C. 614 Pierce Street • P.O. Box 27 Davenport, IA 52801-1987 Email: [email protected] 317 Sixth Avenue, Suite 1200 Sioux City, IA 51102 Phone # (563) 324-3246 Des Moines, IA 50309 Phone # (712) 277-4561 Email: [email protected] Phone # (515) 558-0122 Financial: Email: [email protected] Lisa Ellis Email: oakley-runyan@whitfield- Cindy Herlein Belin Lamson McCormick Nathan Smith law.com Stanley, Lande & Hunter Zumbach Flynn McKee, Voorhees & Sease, P.L.C. 301 Iowa Avenue, Suite 400 666 Walnut Street, Suite 2000 801 Grand Avenue, Suite 3200 Ernie Strate Muscatine, IA 52761 Des Moines, IA 50309-3989 Des Moines, IA 50309 McKee, Voorhees & Sease, P.L.C. Phone # (563) 264-5000 Phone # (515) 283-4611 Phone # (515) 288-3667 801 Grand Avenue Email: [email protected] Email: [email protected] Email: [email protected] Suite 3200 Des Moines, IA 50309 Facilities: Phyllis Hetheriton Grace Sparling Phone # (515) 288-3667 Allison Renaud Duncan, Green, Brown & Elderkin & Pirnie, P.L.C. Email: [email protected] Dickinson, Mackaman, Langeness, P.C. 115 First Avenue SE • P.O. Box 1968 Tyler & Hagen, P.C. 400 Locust Street Cedar Rapids, IA 52406-1968 1600 Hub Tower Suite 380 Phone # (319) 362-2137 699 Walnut Street Des Moines, IA 50309-2363 Email:[email protected] Des Moines, IA 50309 Phone # (515) 288-6440 Phone # (515) 244-2600 Email: phetheriton@ Email:[email protected] duncangreenlaw.com

THE IOWA LAWYER April 2007 25 ATTORNEY SOUGHT – The AV-rated firm PUBLISHER’S NOTE of Wolff, Whorley, De Hoogh & Schreurs in E-mail submissions to the CLASSIFIED ADVERTISING section are requested. They save Sheldon, Iowa, seeks an attorney to join keystrokes, thus cutting down on our production time, and help to assure accuracy. their growing general practice firm. Prior Please follow the style of the ads appearing here, indicate the classification where you want experience with business law, education law, your ad to appear and state how long the ad is to run. Each ISBA member of a private law municipal law, and/or family law is preferred practice receives two free insertions annually. Corporate and government attorney members but not required. Candidates should send a of the association receive the same free privileges for their business, non-employer-related letter of introduction and resume to: Micah ads. If you have questions, call Steve Boeckman at 515-243-3179. E-mail your copy to Schreurs at P.O. Box 309, Sheldon, IA 51201 [email protected] or [email protected]. (5-07) The number appearing in parentheses after each ad is not a box number. It indicates the date the ad will be pulled from the magazine. (TF) indicates the ad will run until we receive TRANSACTIONAL ATTORNEY – Well- instructions to pull it. Deadline for submissions is the first of the month prior to the month of publication. established AV-rated firm in Davenport, seeks highly motivated attorney to assist in firm’s COMMERCIAL ADVERTISERS: Iowa and Illinois business practice with an Contact Shannon Espenscheid, 641-474-2280 or David Larson, 515-440-2810. emphasis in commercial matters, including but not limited to business sales and ATTORNEY – Staff Attorney applicants purchases, business planning and Positions Available sought for Iowa Legal Aid, with offices in commercial real estate. Estate planning or ASSOCIATE ATTORNEY or PARTNER- Cedar Rapids, Council Bluffs, Des Moines, other complementary experience beneficial. SHIP POSSIBILITY – Smaller AV-rated law Dubuque, Iowa City, Mason City, Ottumwa, Candidates should have at least 5 years of firm in Des Moines seeks an associate with Sioux City and Waterloo. Vacancies are practice experience in moderate to complex 2 to 5 years experience. Experience in civil anticipated in some, but not all offices. transactions, excellent client development litigation is preferred, but not required. Firm Submit letter of application (indicate skills and a profitable book of business. would also consider addition of “partner” geographical restrictions), resume, recent License and experience in Ill., preferred. level attorney. Send confidential letter of representative writing sample and at least Send cover letter and resume to: Brandy E. interest with resume and salary expectations three professional references to: Executive Dulceak, Recruiting Committee Chair, Stanley to: The Iowa Lawyer, Code 030207, 521 East Director, Iowa Legal Aid, 1111 Ninth St., Suite Lande & Hunter, 900 U.S. Bank, 201 West Locust Street, 3rd Floor, Des Moines, IA 230, Des Moines, IA 50314-2527. EOE (6-07) Second Street, Davenport, IA 52801. All 50309-1939. (6-07) inquires kept confidential. (5-07) PUBLIC AFFAIRS DIRECTOR – Statewide ATTORNEY – Established Des Moines law attorneys association is seeking a director of ASSOCIATE ATTORNEY – Des Moines firm seeks highly motivated attorney in its public affairs for its Des Moines headquarters. Southside Law Firm that practices in the areas litigation practice. At least two years of Responsibilities include: government of Family Law, Juvenile Law, experience is preferred. Salary will be relations; political action; and media and and Bankruptcy is looking for an individual to commensurate with experience and communications. Legislative and electoral fill an associate position within the firm. This qualifications. All inquiries will be held in campaign experience preferred. Strong individual should posses, at the minimum, confidence. To apply, send resume, interpersonal, writing and oral expression 1 year of experience. The applicant should be references and cover letter to: “Litigation skills required. The ability to assimilate a motivated self starter as well as dependable Attorney Position, Attn. David N. May, information quickly, think critically and and well organized. If you are interested Bradshaw, Fowler, Proctor, Fairgrave, P.C., work well under pressure is a must. Must in this position and meet any of these 801 Grand Avenue, Suite 3700, also be able to work well as a part of an requirements, please send resume to the Des Moines, Iowa 50309.” (6-07) interdisciplinary staff team. Salary following address: Shelly Smith, Office commensurate with experience; excellent Coordinator, 5001 SW 9th St., Des Moines, IA benefits. Resume and references should be 50315. (5-07) emailed to [email protected]. Deadline for applications is 4/15/07. ATTORNEY – Central Iowa’s AV-rated www.iowabar.org EOE (5-07) Cartwright Druker & Ryden seeks an attorney with 0-5 years in general and litigation prac- tice. Please mail or email letter and resume to Joel Greer, 112 W. Church Street, Mediations and Arbitrations Marshalltown, IA, 50158, or to [email protected]. (5-07) Michael F. Lacey, Jr. Jeffrey A. Boehlert ATTORNEY – Gonzalez Saggio & Harlan *Thirteen years experience in civil litigation *Specializing in personal injury, commercial litigation, seeks to hire an experienced attorney in its mediations and arbitrations professional negligence and product liability mediations West Des Moines office. Our firm represents *Member, American Board of Trial Advocates, the *Approved panel mediator for Resolute Systems national clients primarily in insurance American Academy of ADR Attorneys and the American Arbitration Association defense, workers compensation and employ- ment discrimination. Interested candidates [email protected] [email protected] should have an established client base and Over 50 years combined civil litigation and trial experience portable business that will not conflict with the firm’s existing practice. All inquiries will 515-283-2147- 505 Fifth Avenue, Suite 729, Des Moines, Iowa 50309 be kept strictly confidential. If interested please contact the office managing partner,

26 THE IOWA LAWYER April 2007 CLASSIFIED ADS

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28 THE IOWA LAWYER April 2007 Lawyer by day, singer by night - Matt Wilber uses music to relieve stresses of his day job By Steve Boeckman, Editor

Matt Wilber says area of the law might be suited well for him. He changed his mind that his professional after he began law school and started looking ahead to what his life as the future might be. As best as he could tell, he’d end up working for Pottawattamie a large firm in California mainly reading contracts. County Attorney Plus, he developed a taste for trial law while in law school. He sometimes drives attributes much of that development to Sanford Kadish, co-author him insane. of a textbook on criminal law that is used in many law schools His number around the country. Kadish was a visiting professor at McGeorge one avocation – while Matt was there. singing – helps He also got involved in moot court. bring him back A clerkship with Federal Judge Thomas Thalken in Omaha after to center. he graduated from law school in 1995 brought him back to the “I find music Midwest. very calming,” “I had no network since I didn’t go to law school here,” he says. he explains. “It’s difficult to find a job without a network.” “When I’m The two years clerking for Judge Thalken were extremely singing, I’m concerned valuable for the career he has now because they taught him how about the music. Defendants, lawsuits all melt away. It’s just me judges look at trials – what they like and don’t like about the way and the music.” attorneys handle cases, he says. The 30-plus-year-old father of three has been singing most of his “I won’t say I learned how to try a case,” he recalls. “But I life. He started in a church choir when he was in elementary learned lots of ways how not to try a case.” school. Gradually his singing activities increased to the point that After the two-year clerkship ended, he went into private practice when he was in high school at Carson-Macedonia High School, he with Dave Richter a former Pottawattamie County Attorney from was in the band, a choral group and drama. In fact, he sang the 1976-86. In 2002, five years later, he decided to make a run for the role of Curly in the musical “Oklahoma” when he was in high county attorney’s office after then-county attorney Rick Crowl school, and as a senior he was named to the all-state choir. decided not to seek re-election. That was an interesting process, While he finds his job as county attorney very rewarding, it can he says looking back on it. be stressful at times. Pottawattamie County is a fairly tough envi- He had never run for an elected office, although he had been ronment for the legal profession, he says. around people who worked for governments. His father was an “We have the largest metropolitan area in Iowa,” he says. “And, ATF officer in the state, for example. yet the biggest part of that isn’t in the state.” Matt was one of four people vying for the county attorney’s Because Omaha, with its 800,000 or so population is just across position. At his first fundraiser during his campaign, 17 people the river, Pottawattamie County gets a fair share of the large showed up out of the 300-400 he invited. “And, most of those had metropolitan-area crimes. Two interstates run through the county the last name ‘Wilber,’” he says. – I-80 and I-29 – which means drug traffic flows through it. There He decided he didn’t have much name recognition in the also is a fair amount of gang activity and other crimes that are not county. So he began knocking on doors – 5,000 of them before as likely to be found in smaller areas. the election. At press-time, for example, Matt had four murder trials pending, “I wore out a pair of shoes,” he laughs. “They were new when I which is a lot for a county of nearly 90,000 people, he says. started and worn out when I finished.” Matt didn’t exactly start out to be an attorney. He went to the The campaign was hard fought, but he ended up getting 55 U.S. Coast Guard Academy in New London, Conn., for two years percent of the votes. He ran unopposed in his re-election out of high school. Then he transferred to Graceland College in bid in 2006. Lamoni where he received his bachelor’s degree in business The seventh-generation Carson resident has made a name for administration with a minor in physics. himself in the slightly more than five years he has been in the county Following his graduation from college, he worked at a bank in attorney’s office. Articles in the Council Bluffs and Omaha newspa- Manhattan, Kans., but decided banking was not for him. pers and stories on radio and television frequently quote him. It was at that point that he decided to go to law school, choosing The ink and air time is no accident. Matt says he made it a point McGeorge School of Law in Sacramento, Calif., because of its early in his career as a county attorney to work with the media. He reputation for international business law. Matt figured that this believes in taking a proactive role, and that has paid off in the

THE IOWA LAWYER April 2007 29 relationship his office now has, he believes. It probably helps, too, that Matt “is one of the best trial attorneys and legal minds I’ve ever seen,” says his former law partner and current chief deputy Jon Jacobmeier. “A lot of times you see attorneys with great intellects but they lack social skills,” he says. “Matt is one of those rare people who has both.” Jon says that he and Matt are like two kids in a candy store when they walk into a jury trial. “It’s like working with your best friend,” he says. “It’s not like work; it’s fun.” 4PNFPGUIFCFTUUIJOHT He believes the skills required to win a case in front of a jury satisfies Matt’s entertainment side as well as his intellectual side. When he got out of college, he mostly got out of music, Matt JOMJGFBSFGSFF says. The exception was when he was in law school. His wife, Lisa, also from Carson whom he has known since elementary school, was working, but California is expensive and he needed to do something to help pay the bills. He took a job at Max’s Opera Café, known for its singing servers. There for about 20-25 hours a week, he would wait tables and take his turn singing. He remembers the experience as humbling because oftentimes no one would be paying attention while he was singing. But it kept him and Lisa afloat until he finished law school. Other than singing in the church choir at Christmas, Matt really had nothing to do with music during these years. In 2001, he helped his local church, Carson United Methodist, set up a /PX 0XOFST$FSUJmDBUFTGSPN contemporary worship service once a month. The music consisted of a keyboard, a microphone and him, he says. However, he 5JUMF(VBSBOUZBSFUPP  noticed that more people were coming to church on the Sundays when the contemporary service was held. 5JUMF(VBSBOUZ TFUUJOHUIFTUBOEBSE Then in 2003, Paul Hart moved back to Carson. A few years younger than Matt, Paul is a Carson native. He also is a GPSQSJDFBOERVBMJUZ “phenomenal musician,” Matt says. Paul introduced more instruments into the worship service and began recruiting high school students from all over town to be part of the musical group. As a result, the congregation has about doubled in size in the last five years, he says. It was around the time Paul returned to Carson and his youngest son, Samuel, was born that Matt felt “songs coming out

Members of the Price of One+ group practice for an upcoming worship service at the Methodist church in Carson. Members are (from left) Jayme Beedle, keyboard; Michelle Griffen, vocals; Jackie Batten, vocals; Matt; Paul Hart, drums; James Duysen, guitar; Noah Mass, lead guitar (foreground); and Tyler Smith, bass guitar. Matt helped start a monthly contemporary worship service at the church in 2001.

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30 THE IOWA LAWYER April 2007 of me.” He wrote 20 songs in about six months. “To whom much is given, much is expected,” he says. “I’ve been Paul came over to his house with his guitar and the two began lucky to have been given certain gifts, and I like to share them.” writing music to accompany the lyrics. Generally, Matt writes the lyrics, Paul does the instrumentation and they collaborate on the Members of the task force responsible for selecting candidates for the series are asking for help. If you know someone who is an outstanding lawyer and melodies. The songs were enough to produce their own CD. volunteer, please submit his or her name to: James R. Van Dyke, 225 E. 7th Today, Matt and Paul have an acoustical group called Price of St., P.O. Box 486, Carroll, IA 51401-08223; phone: 712-792-9734; One, which plays in coffee shops and other venues around the e-mail: [email protected]. area. The two men also receive requests for their praise group to perform at churches and other places around the Omaha- Council Bluffs area. In fact, Matt says that the group, which he calls Price of One+, has played at the Lancer hockey team’s games at the MidAmerica Center in Omaha several times. Price of One+ also was one of the musical groups invited to play at Ribfest in the MidAmerica Center recently. “It was a massive stage,” Matt recalls. “That’s probably the closest I’ll ever get to being a rock star.” The song most requested when Price of One+ performs is entitled “Prayer for a Soldier.” Matt wrote it after a woman at church asked for prayers for her son who had recently come back from Iraq. The song is about sending boys over to Iraq and having them come back as men, he says. Since 2003, music has come back into his life in a big way. Several times a year, he sings with a rock cover band called “What’s Up Chuck.” He and his chief deputy in the county attorney’s office manage a heavy metal band and a techno band in Omaha part-time – working on the band’s contracts, helping market their CDs and trying to get them in front of music label representatives. That activity has taken him to New York and Los Angeles on sever- al occasions. He doesn’t know what the future holds – county attorney for a while longer? Some other elected office? As one who pours his heart and soul into his legal cases, Matt knows it’ll be time to leave the county attorney’s office “when it gets to the point where everybody I look at is guilty,” he says. But this self-proclaimed serial obsessionist, who sits on several charitable boards, has coached mock trial half time and is in demand as an emcee for local fundraising events, knows that whatever he does it will involve giving back to his community.

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