Volume 60 Number 7 July 2000

ALSO IN THIS ISSUE —— PlebiscitePlebiscite modificationsmodifications approvedapproved WhyWhy healthhealth insuranceinsurance rates riserise VLPVLP honorshonors itsits volunteersvolunteers LawpacLawpac needsneeds youyou thisthis year!year! WillWill IowaIowa UETAUETA survive?survive? YLDYLD’s’s NeumeyerNeumeyer says,says, ””AllAll aboard!aboard!““ Volume 60 Number 6 July 2000 Contents

Published at 521 East Locust President’s letter ...... Page 5 Des Moines, Iowa 50309 Charles Corcoran, Editor 515-243-3179 BOG moves on plebiscite ...... Page 7

MDP committee hard at work . . . Page 8

Past president Smith cited ...... Page 9

THE IOWA STATE BAR ASSOCIATION ISBA honors VLP talent ...... Page 10 OFFICERS 2000-2001 President, Bruce Graves, Des Moines U of I Law students get help. . . . Page 13 President-elect, C. Joseph Holland, Iowa City Vice President, Alan E. Fredregill, Sioux City Immediate Past President, Jay Eaton, Des Moines Why health rates increase ...... Page 14 Executive Director, Dwight Dinkla THE IOWA LAWYER (ISSN 1052-5327) is published monthly by The Iowa State About the Cover All aboard the YLD train...... Page 16 Bar Association, 521 East Locust, Des Moines, Iowa 50309. Subscription included in membership fee. Non-members, Bruce B. Graves, a senior part- $30 per year. Periodicals postage paid at Des Moines, Iowa. LAWPAC can use your help . . . Page 20 Postmaster: Send address changes to The Iowa ner at the Des Moines law firm of Lawyer, 521 East Locust, Des Moines, IA 50309. Brown Winick Graves Gross The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave., Des Moines, IA 50322. Telephone (515) 270-0402. Baskerville & Schoenebaum, LLP, Continuing legal education calendar. . Page 21 Art Director: Ann Firkins assumed the presidency of The Classified Advertising Qualifying ISBA members - 2 months free; $55 thereafter Iowa State Bar Association for Attorney disciplinary decisions . . Page 22 Non-members - $70 per column inch per insertion 2000-2001 during the association’s See classified section for details. For Display Advertising Rates annual meeting last month in Des Successes in the legislature . . . . . Page 24 Contact David R. Larson (515) 987-1359; or write: Moines. His first President’s Letter The Iowa Lawyer, c/o Larson Enterprises, P.O. Box 25, Waukee, IA 50263. pinpointing the issues and chal- Classified advertising ...... Page 26 Communicating with The Iowa Lawyer online: lenges ahead for lawyers appears Send your comments and Letters to the Editor to [email protected]. Please include your daytime on page 5 of this issue of The Iowa phone number should we need to contact you with an She’s off to France! ...... Page 30 answer or for verification. Executive Director Dwight Lawyer. The ISBA occupies the Dinkla’s electronic mail address is [email protected]. third floor of the building behind Executive Assistant Judi Stout is at [email protected]. Operation stay in Iowa at Drake . Page 31 Computer Service Director Harry Shipley’s address is President Graves. [email protected].

Iowa State Bar Association Board of Governors

Officers: District 4: District 8-A: Bruce B. Graves, president, Des Moines, (515) J.C. Salvo, Harlan, (712) 755-3141; Michael Moreland, Ottumwa, (641) 682-8326; 242-2400; president-elect, C. Joseph Holland, Charles L. Smith, Council Bluffs, (712) 325-9000. Rick L. Lynch, Bloomfield, (641) 664-3188. Iowa City (319) 354-0331; Alan E. Fredregill, District 5-A: District 8-B: vice president, Sioux City, (712) 255-8838; Jay Mark Otto, Newton, (641) 792-4160. Michael Vance, Mount Pleasant, (319) 385-3736. Eaton, immediate past president, Des Moines, District 5-B: Ex-Officio Member: (515) 283-3158; Dwight Dinkla, secretary, Des Marion James, Creston, (641) 782-8597. James Carney (legislative counsel) Des Moines, Moines, (515) 243-3179 District 5-C: (515) 282-6803; David Funkhouser (ABA dele- District 1-A: John K. Vernon, Des Moines, (515) 246-4511; gate) Mason City, (515) 423-6223; David Brown Marion Beatty, Decorah, (319) 382-4226; David S. Wiggins, Des Moines, (515) 225-4822; (ABA delegate) Des Moines, (515) 244-2141; Stephen Juergens, Dubuque, (319) 556-4011. Tim Pearson, Des Moines, (515) 262-9595; Diane Kutzko (ABA delegate) Cedar Rapids, District 1-B: Susan Low, Des Moines, (515) 283-4072; (319) 365-9461. Kirby Schmidt, Grundy Center, (319) 824-6951; E.J. Giovannetti, Des Moines, (515) 244-0111; YLD Officers: George L. Weilein, Waterloo, (319) 233-6163. Nan Horvat, Des Moines, (515) 286-3688; Debora Hewitt Neumeyer, president, Cedar District 2-A: Susan L. Ekstrom, Des Moines, (515) 243-6395; Rapids, (319) 294-8293; Paul Ahlers, president- C. Bradley Price, Mason City, (641) 423-1173; Carol L. Coppola, Des Moines, (515) 244-3197; elect, Fort Dodge, (515) 573-2181; Timothy James Locher, Mason City, (641) 423-2432. David C. Craig, Des Moines, (515) 288-0145; Semelroth, secretary, Cedar Rapids, (319) 365- District 2-B: Anita L. Shodeen, Des Moines, (515) 237-1186. 9200; Elisabeth Reynoldson, immediate past presi- Steven W. Hendricks, Fort Dodge, (515) 576-4127; District 6: dent, Osceola, (515) 342-2157. Jim P. Robbins, Boone, (515) 432-7114; Kevin Collins, Cedar Rapids, (319) 365-9461; Joel T. Greer, Marshalltown, (641) 752-5467. Bruce Haupert, Iowa City, (319) 338-7551; District 3-A: Darrell Morf, Cedar Rapids (319) 366-7641; David Stein, Sr., Milford, (712) 338-2431. Daniel Y. Rathjen, Tama, (641) 484-5211; Joseph Fitzgibbons, Esterville, (712) 362-7215 J. Michael Weston, Cedar Rapids, 319-366-7331. District 3-B: District 7: James Lohman, Denison, (712) 263-4627; David Dettmann, Davenport, (319) 324-3246; Dan A. Moore, Sioux City, (712) 252-0020. Jerry Van Scoy, Clinton, (319) 242-2827; Stuart P. Werling, Tipton, (319) 886-2175.

July 2000 3 THE PRESIDENT’S LETTER

THE CHALLENGES AHEAD, THE OPPORTUNITIES AHEAD

Bruce Graves

n the late fall of 1852, when Iowa had been a state for I do not need to tell you about declining public respect for only five years, William Willard Graves, known to his lawyers. Nor do I need to tell you that, almost to the man Ifriends as “Wilbur,” his wife, Mahala, pregnant with and woman, there is a common thread among us of com- their seventh child, traversed this new state in their covered mitment to our clients, to the highest standards of the pro- wagon with their six young children. They had traveled all fession, and to our communities, and that we are hard- the way from their former home in Knox working, decent, and honorable people. You County, Tennessee, to stake out a new home- have a right to expect this Association to pro- stead in Mills County, Iowa, near the town of Here are the vide leadership in improving the esteem in Coonville, which today is called Glenwood. issues we must which our profession is held, as well as on the There they stayed for fifteen years, adding critical issues that affect the practice of law to the new state’s population with three more confront in and the justice system. children. Then the pioneering spirit once the months Here, then, is the backdrop against which I again took hold and they decided to cross the and years take office and some of the issues I believe we Missouri River and take up residence in the must confront in the months and years ahead: new state of Nebraska. One hundred and ahead. According to several public opinion surveys twelve years later, their great, great grandson that confirm one another’s results, the per- returned to Iowa to begin his practice of law centage of Americans expressing confidence in Des Moines. And this month that same descendant is in or admiration of lawyers shrunk from 24 percent in honored to take the reins of this 127-year-old Iowa State 1978 (coincidentally, the year Bates v. Arizona was decided, Bar Association. opening the floodgates to lawyer advertising) to eight per- As I do so, let me first assure you that our Association is cent in 1998. According to the surveys, the public believes in excellent shape, and I intend to keep it that way. As a vol- that the legal profession is controlled by greed, populated untary bar association, our membership percentage is by nasty, contentious people who are not peacemakers, and among the highest (96 percent) in the country. Our 7,500 that lawyers will do anything for money. lawyers have a high degree of involvement and participation There are twice as many lawyers per capita in Iowa and in our 22 sections and 35 committees. Our finances are the U.S. today, and four times as many students in our law strong, and Dwight Dinkla and his dedicated staff do a top- schools, than there were 50 years ago. notch job in helping us accomplish our goals. And our legisla- Most Americans believe our justice system is too slow, too tive program is second to none. complicated, and too expensive, that it favors litigants who are As a voluntary bar association, of course, our continued white or rich, and is unfair to the poor and to minorities. success depends on how well we meet our members’ needs. People believe they cannot afford lawyers and are mak- During my four years on the Board of Governors and two ing efforts to avoid them; in some states, 60 percent or years as an officer, I have had the opportunity to meet and more of the divorce case filings are pro se. speak with many of you about what you need and expect More and more, people are securing their legal services from this Association. Some of you have said that the State from the Internet, from websites such as Willworks, Bar is remote and uninterested in the problems of the Startcorp, Divorceonline, Legaladviceline, Legaldocs, local bars. I hope to change your minds. We will respond Legalopinion, theLAW, Cybersettle, Courthouse, MyCFO, to your needs, and we will continue to seek out ways to pro- and Sharktank (add “.com” to access them); from personal vide new and better services to all our members. computer software like Quicken Family Lawyer; from self- Membership service alone is not enough, however. We help books; and from non-lawyers, including accountants, need to be out front on the issues that face the profession. insurance agents and financial planners. Continued on page 6... July 2000 5 PRESIDENT’S LETTER Letters to the Editor continued from page 5

CPA firms, American Express, and Smith Expresses Thanks Century Business Systems are seeking Dear Editor: authority to offer legal services Please express my deep appreciation and thanks to the officers, board members and through the lawyers on their staffs. committee members responsible for my receiving this year’s Award of Merit. From Computers and the Internet have past experience, I know how many there are deserving of the Award and how difficult accelerated the trend toward the it is to make a choice. paperless practice, through electronic Had I been able to maintain my composure, I would have told the gathering that filing with courts and state and coun- the many good experiences I have had working in the Bar Association over the years, ty offices, electronic access to all pub- and the friendships I have developed with other Iowa lawyers through the lic records, and communications via Association, would have been reward enough. To now receive the Award of Merit e-mail to clients, lawyers, and others. makes all of those experiences and friendships even more meaningful. Multidisciplinary practice (MDP), Thanks to you and all of the others who helped prepare for the presentation. i.e., lawyers and non-lawyers practic- Very truly yours, ing together and sharing fees, are H. Richard Smith popping up in the landscape, even as the ABA gets set to appoint a new Labor Commissioner Clarifies Collections commission to study multijurisdic- tional practice (MJP). Dear Editor: The ABA’s Ethics 2000 I was very pleased to see the article in your May 2000 issue (“Iowa law encourages Commission report containing rec- employers to fairly pay their workers,” Vol. 60 No. 5 at 16) concerning Iowa’s wage ommendations for modification of payment collection law. As Mr. (Jeff) Mathias accurately stated, “An issue near and the Model Rules of Professional dear to all of our hearts is getting paid for our work.” Each year, there are far too Conduct, primarily to reflect the many Iowans who do not receive the wages they have earned. impact of technology, is scheduled to While I was generally very pleased with Mr. Mathias’ article, there was one inac- be released in October. curate statement concerning the authority of my office. Mr. Mathias stated, “Iowa These statistics, perceptions, and Workforce Development can collect wages for employees under Chapter 91A but developments have led some respect- cannot recover liquidated damages.” The Division of Labor Services of the Workforce ed commentators to conclude that Development department can collect wages for employees. Our office routinely lawyers who, as a result of stare decisis obtains judgments for liquidated damages and collects them for wage claimants. being engrained in their cores, are Specific authorization for the Labor Commissioner to collect liquidated damages is trained to look backward rather than found in Iowa Code §91.A.10(2). Again, I wish to thank you and Mr. Mathias for shedding light on the problem of forward, are in danger of rendering unpaid wages. themselves irrelevant and obsolete in Sincerely, this new age. Are they Chicken Byron K. Orton Littles, whose cry that the sky is Labor Commissioner falling should be ignored, or should these facts be taken seriously as wake- up calls to the profession? Should we react, should we be pro-active, and how should we do so? I don’t pretend to have all the answers. But I can assure you that these are some of the challenges we’ll be addressing in the year ahead. And with challenges come opportunities – opportunities to shape our profession to meet the challenges. As we take on this task, I invite and welcome your comments and suggestions. Write, call, or e-mail me at bgraves@iowa bar.org. I look forward to serving as your president.

July 20006 July 20006 BOG moves forward on judicial plebiscite

Since 1962, when Iowa adopted its from Iowa’s Code of Judicial Conduct. responses will be received and tabulated current system of merit selection of The system is not unique, either. It was only by an independent auditing firm. judges, members of The Iowa State Bar modeled from one that has been success- Forms will be mailed to the member- Association have voted on the retention fully used by the Nebraska State Bar ship by August 1. They must be returned of the state’s judiciary in a biennial judi- Association since 1984. no later than August 15 to assure suffi- cial plebiscite election. In years past, the For the first time this year in Iowa, cient time for accurate tabulation prior plebiscite has consisted of a simple yes or the plebiscite is a statewide ballot. In the to the presentation of the results to the no vote on whether a justice or judge past, individual ballots for trial judges Board of Governors at its September 15 should be retained in office by the elec- have been restricted to those judges meeting in Pella. torate in the state’s November general within the voter’s judicial election dis- election. The results of this vote were trict. Now, however, ISBA ballots can be then provided to the public. cast for any district court judge, district An oft-heard criticism of the past sys- associate judge, and associate juvenile tem was the shallowness of the yes-no judge in the state (as well as for any inquiry. Detractors felt it provided the Supreme Court justice and Court of electorate with no factual basis to evalu- Appeals judge) who stands for retention. ate the judges. This will allow the ISBA member to These criticisms led the Board of evaluate any judge with whom the mem- Governors of the ISBA to approve an ber has the requisite professional experience. “enhanced” plebiscite at the Board’s The ballot forms will require each quarterly meeting held in Des Moines on voter to certify that he or she is qualified June 20. For this year’s general election, to perform the evaluation. That certifi- each member of the ISBA will be asked cation will consist of the following: to evaluate the judges standing for reten- That you will rate only trial court tion by using a 1-5 rating scale for 11 judges before whom you have practiced different (10 for appellate courts) attrib- or concerning whom you have other utes. For district court judges, district professional experience. associate judges, and associate juvenile That you will rate only those appel- judges, those criteria are the following: late judges before whom you have prac- ticed or with whose opinions you are 1 - Knowledge and application of the law familiar, or concerning whom you have 2 - Ability to perceive factual issues other professional experience. 3 - Not influenced by factors outside the That your ratings are based solely on 1 -evidence and applicable law your first-hand experience. 4 - Treats all equally regardless of race, 1 In each election cycle about a third 1 -sex, age, national origin or religion of the state’s judiciary stands for reten- 5 - Judicial temperament and demeanor, tion. This year, approximately 87 1 -including patience and courtesy to names will appear on the ballot. The 1 -litigants, witnesses, jurors, lawyers and Board of Governors doubts that any 1 -court personnel member of the ISBA would be qualified 6 - Punctuality in attending court to vote on every judge. That is why the 1 -proceedings ballot instructions will contain the fol- 7 - Promptness in making rulings and 1 - lowing admonition: “You need not eval- 1 -giving decisions uate every judge on your ballot, and you 8 - Attentiveness to arguments and should not do so if you are not 1 -testimony qualified.” At the same time, a high 9 - Quality and clarity of written response rate is very important. 1 -opinions Every qualified voter needs to partici- 10 - Avoids undue personal observations pate. The greatest participation possible 1 -or criticisms of litigants, judges and 1 is necessary to ensure the best informa- 1 -lawyers from the bench or in written tion for the judges and the public. 1 -opinions Anonymity of responses will continue 11 - Management and control of trial to be assured, as it always has in the This is the first time this system has past. This year, however, even greater been employed in Iowa. The criteria are measures have been adopted. The not new, however, as most are drawn

July 2000 7 Myriad questions confront MDP Committee By Philip Willson, Chair ISBA Committee on Multidisciplinary Practice

The Iowa State Bar Association’s • Whether all clients of the MDP are Commission has recommended that MDP Multidisciplinary Practice Committee has deemed to be clients of the lawyer for be authorized, however, there has been been examining MDP developments to conflicts of interest purposes considerable criticism of the ABA posi- formulate recommendations to the Board • Whether the MDP is required and per- tion and the Commission has made sub- of Governors concerning a formal defini- mitted to ask the client to waive the stantial changes in its proposal in tion of the practice of law and the advis- attorney/client privilege or waive in response to the criticism. The current ability of adopting rules allowing MDP. advance possible conflicts of interest recommendations of the ABA There is a lot of momentum in favor • The issue of segregation of legal fees Commission were scheduled for debate at of the allowance of MDP. There is also from client funds its annual meeting in New York early this substantial opposition to any change in • Whether the MDP must follow the rules month. The Commission has suggested the current prohibition of MDPs. of the lawyers relating to advertising that a decision be delayed until the However, the greatest obstacle to change • The extent to which attorney/client February meeting of the ABA. seems to be a large number of decisions confidentiality can be preserved Our MDP Committee continues to that need to be made to answer all of the • Whether the MDP would have pro review the large and growing volume of questions presented by an MDP. bono obligations information available on the subject. The • Whether clients would need to be Committee will monitor further develop- Here are some examples of the questions informed as to what services were legal ments before making a decision as to being considered: services and, if so, the method and whether to recommend to the Board of • The extent to which a non-lawyer can extent of notice required Governors that MDP be permitted and, if have control over lawyers in the MDP • Whether legal services would be so, the most appropriate terms and condi- • Whether the entire MDP is subject to required to be billed separately tions for allowing and regulating them. the lawyer’s rules of ethics • The form and effectiveness of required ISBA members serving on the ISBA disclosures to clients as to which Committee are David Brown, Sarah services are legal services and which Cochran, Stewart Huff, Elizabeth Gregg are not Kennedy, Deborah Krauth, Joe • When there is loss of attorney-client Lauterbach, David R. Mason, Alan confidentiality Olson, Michael W. Rickert, Gary Streit, David Dettmann, and Grant Dugdale. The American Bar Association’s

THE ISBA’S SPECIAL COMMITTEE studying the possible impact of Multidisciplinary Practice has been putting in long hours. Here, meeting in the association’s conference room are, front row from the left, Elizabeth Gregg Kennedy of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C.; Joe Lauterbach of Salvo, Deren, Schenck & Lauterbach; Chair Philip J. Willson of Willson & Pechacek, P.L.C.; Stewart Huff of Crary, Huff, Inkster, Hecht & Sheehan, P.C. and David Dettmann of Lane & Waterman. Standing in the back row from the left, are Alan E. Olson of Olson & Beebout; David Brown of Hansen, McClintock & Riley; Assistant Attorney General Grant Dugdale; Sarah Cochran of Foss, Kuiken & Gookin, P.C.; Michael W. Rickert of Rickert Law Office, P.C. and Gary Streit of Shuttleworth & Ingersoll, P.C.

July 20008 July 20008 Past President Smith honored with Award of Merit

H. Richard Smith, for many years a 2000 AWARD OF MERIT honoree, H. Richard giving servant of his peers in the prac- Smith and his wife, enjoy the moment following the tice of law, was recognized at the ISBA’s ceremony in which he was shocked to learn he was this year’s winner. 127th Annual Meeting last month with its highest honor, the Award of Merit. Smith, of counsel at Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., of Des Moines, was visibly surprised and typically self-effacing when he spoke to the Awards Luncheon crowd. Following the ceremony, he was sur- rounded, embraced and patted on the back by many of his admirers. (Read his Letter to the Editor, first sent to hottest of encounters.’ President Bruce Graves, in this issue of “Our recipient is a prominent trial The Iowa Lawyer, for a taste of his lawyer, a substantial supporter of all edu- NOTICE - USURY reflection on the honor). cational institutions from which he has In accordance with the provisions of Last year’s award winner, David matriculated with the highest academic Iowa Code section 535.2 subsection 3, Brown, made the presentation, with honors and a Past President of this paragraph “a,” the superintendent of these words – Association. He is a role model to all banking has determined that the maxi- “On this 21st day of June, 2000 The Iowa lawyers – a gentleman who elevates mum lawful rate of interest shall be Iowa State Bar Association convenes at the profession to the highest level and 8.5% on July 1, 2000. a special luncheon for the presentation does so with grace, charm and a delight- You can find the latest rate at any of the Award of Merit, which is the ful sense of humor. time on the Iowa Department of highest honor this Association can con- “The 2000 Recipient of the Award Banking Internet website - fer upon one of its members. of Merit is truly a man of special gifts http:///www.idob.state.ia.us “Charles Evans Hughes, a great and talents. The Iowa State Bar The department also posts many pages lawyer, master statesman and later Chief Association proudly presents its 2000 of banking information and links to perti- Justice of the United States Supreme Award of Merit to the Man from nent state and federal sites. Court, surely was thinking of our recipi- Moravia: H. Richard Smith.” ent this year when he said some years ago, ‘The highest reward that can come to a lawyer is the esteem of professional colleagues. The esteem is won in unique conditions and proceeds from an impar- tial judgment of professional rivals. It cannot be artificially created. It cannot be gained by artifice or contrivance to attract public attention. It is not mea- sured by pecuniary gains. It is an esteem which is born in sharp contests and the- ories despite conflicting interests. It is an esteem commended solely by integrity of character and by brains and skill in the honorable performance of professional duty. No subservient `yes man’ can win it. No mere manipulator or negotiator can secure it. It is essentially a tribute to a rugged independence of thought and intellectual honesty which shine forth amid the clouds of controversy. It is a tribute to exceptional power controlled by conscience and a sense of public duty - to a majestic bearing and valor in the

July 2000 9 ISBA honors its VLP talent statewide By Brett J. Toresdahl, Executive Director ISBA Volunteer Lawyers Project These awards are given annually by with the VLP in Polk County for five Cheryl Fullenkamp – The Iowa State Bar Association in recog- years. Tom began volunteering at the Cheryl has volun- nition and appreciation for exceptional Polk County Bar Association Volunteer teered at HELP Legal contributions made by members of the Lawyers Project’s monthly Dissolution of Assistance in Scott profession to ensure access to justice for Marriage Clinic. Tom has now represent- County since March, all citizens. The presentations of this ed twenty-seven clients through this clin- 1999, representing year’s awards were made at the President’s ic. He has been available to assist the pro- clients in many types Luncheon during the ISBA Annual ject many times when there have been of cases, including Meeting on June 22. more clients than attorneys attending the Cheryl Fullenkamp contracts, landlord/ In Iowa, there are nearly 2,900 attor- Clinic. Tom is recognized for his valuable tenant, and domestic neys enrolled in the Volunteer Lawyers services to the clients and the VLP. violence matters. She has concentrated Project. Volunteer attorneys annually her efforts most recently in divorce cases, serve over 2,000 clients, who otherwise Dickinson, primarily where domestic violence has would not have access to legal assistance, Mackaman, Tyler & been present. She has made a commit- through pro bono programs. The Iowa Hagen, P.C. – Over ment to victims of domestic violence and State Bar Association Volunteer Lawyers the past five years, the has helped many of them end violent mar- Project along with the Polk County Bar Dickinson Law Firm riages and get a fresh start in life. Association Volunteer Lawyers Project, in Des Moines has Legal Service Corporation of Iowa accepted over 70 Jackson Law Firm – Stephen B. Volunteer Lawyers Project, and the Pro cases. Many of them Jackson, Sr., and Stephen B. Jackson, Jr., Bono Project of HELP Legal Assistance David Repp are family law cases of the Jackson Law Firm in Cedar Rapids and the Scott County Bar Association but additionally the firm provides assis- joined the VLP in 1987 and 1994, respec- join the ISBA in thanking all members of tance in landlord/tenant and consumer tively. Since that time, the firm has the profession who have made a commit- matters. The importance of large firm donated over 240 hours assisting clients. ment to pro bono legal service in Iowa. participation in the VLP is demonstrated In July 1999, the Jackson Law Firm initi- These 10 attorneys and law firms are in the variety of expertise found in the ated an intake project at the Cedar this year’s recipients of the ISBA Pro firm as well as the resource of a large staff Rapids office of Legal Services Bono Award — of attorneys. David Repp is the pro bono Corporation of Iowa. One of the Jacksons Tom Crabb – Tom is a solo practitioner coordinator for the Dickinson law firm. comes in monthly to assist clients in fam- in Des Moines. He has been a volunteer ily law matters, the largest area of need among VLP clients. Since the inception of the intake project, 66 clients have been served.

“The Lawyer-To-Lawyer ADR Group” Kathryn Mahoney – Kathryn who is with the Gottschalk, Shinkle & Noonan- Day Law Firm in Cedar Falls joined the Iowa Illinois VLP in 1996. She has donated 34 hours David J. Blair – Sioux City John D. Telleen – Rock Island in assisting six VLP clients in the past few David E. Funkhouser – Mason City years. One of these clients had been in an Albert L. Habhab – Fort Dodge Nebraska abusive relationship and her case Tom Hamilton – Okoboji John B. Henley – Omaha involved an appeal to the Iowa Supreme Gene R. Krekel – Burlington Court. Kathryn made a special effort to Leonard D. Lybbert, Waterloo South Dakota educate the Court on the cycle of vio- Louis W. Schultz – Iowa City William F. Day, Jr. – Sioux Falls lence and its long-term effects on adults James R. Snyder – Cedar Rapids and children.

ADR Case Management By Frank Nidey – Frank is with the Law Office of David J. Blair, P.C. Nidey, Peterson & Goldberg Law Firm in 712/233-3626 800/513-9965 Cedar Rapids. Since joining the VLP in 712/233-3652 FAX 1988, he has donated 180 hours to VLP email: [email protected] clients. In April 1999, he agreed to repre- sent a client in a dissolution of marriage involving domestic abuse and custody.

10 July 2000 He had to act quickly three open cases. Katherine’s efforts contribution of over 275 hours to VLP since there was an demonstrate enthusiasm for this project clients. Her willingness to accept these answer deadline less and commitment to achieving equal cases is greatly appreciated by the client. than two weeks from access to justice for her clients. This type of extraordinary commitment the time he accepted shows her belief that low-income clients the case. Frank Pamela Vandel – deserve access to justice. devoted 84 hours to Pam is a solo obtaining a divorce, practitioner in Iowa Lawyers do make a difference in Frank Nidey custody and child Des Moines and has the lives of Iowans. Thanks to all of you support order for his client. been a volunteer for who ensure access to justice for the citi- approximately two zens of our state. Seymore Raben – years. She has Seymore has worked accepted 30 family in-house at HELP Pamela Vandel law cases with a Legal Assistance in Scott County in representing divorce clients as well as low- income persons with Linn county association Seymore Raben other problems. Sy has a wealth of knowledge and experi- ence in this area, having practiced in inaugurates website Davenport for many years. As Sy has The Linn County Bar Association the disciplinary process. It includes a reduced the time he spends in his may have become the first county color block diagram of the possible private practice and is in partial retire- level bar in Iowa to make its presence avenues a disciplinary inquiry can take ment, he has given freely of his time and known on the Internet. Visit it at and is far more attractive than it considerable expertise to low-income www.linncobar.org. appeared in this publication. clients at HELP. It is indeed exemplary Troy L. Springston of Terpstra & for a private attorney to be so willing to Epping, Cedar Rapids, along with the take time away from his retirement to technology committee of his county bar, give back to the community in such a designed the new site. VALUATIONS meaningful way. He reports that, “It is officially up and running although it is a work in EXPERT Robert Sackett – & progress and we are continuing to Robert who is with develop it.” TESTIMONY Sackett & Sackett of If you are considering using the web When Results Count Milford joined the to post information for your county’s bar Business Valuation for: VLP in 1997. In association, a look at Linn County’s > Gift and Estate Taxes September of 1998, imaginative site is recommended. >EmployeeStockOwnershipPlans he agreed to represent It provides attorney and committee > Family Limited Partnerships a VLP client in a directories, updates on the bar’s events, Robert Sackett > Intellectual Property housing foreclosure links to other sites – including several to matter. From September, 1998 to July, the ISBA website – and an extensive Expert Testimony for: 1999, he devoted 200 hours on behalf of ethics section. > Lost Profits/Earnings Analysis his client. Through his efforts, the That section includes a reprint of > Stockholder Disputes woman and her son were able to stay in an article from the February 2000, issue > Commercial Damages their home long enough for the boy to of this journal by Mark McCormick on > Dissolutions finish the school year uninterrupted. During that time, his client was able to finish a program in which she was enrolled at a nearby college.

Katherine Spencer – Katherine is an Offices Coast to Coast associate with Roehrick, Hulting, Krull Midwest Managing Director and Blumberg Law Firm in Des Moines. Terry J. Allen, ASA,CPA/ABV She began accepting cases one year ago. 3605 SW 29th Street She has accepted 10 referrals with her Des Moines, IA 50321 contribution to the VLP approaching 515.953.4498 100 hours of time. She currently has

July 2000 11 UETA: The Heart of the Matter By Janet Huston and Tim Teeter*

“We live in a moment of history where change is so speeded up that we begin to see the present only when it is already disappearing.”1 Ain’t it the truth! Truth be told, we’d only just caught our breath from the 2000 Iowa legislative ses- Janet Huston Tim Teeter sion, and were feelin’ pretty good about an electronic sound, symbol, or process retaining an e-record if the record does the passage of the Uniform Electronic attached to or logically associated with a both of the following: Transactions Act (UETA). Just when we record and executed or adopted by a per- a. The e-record accurately reflects the thought that UETA would interject some son with the intent to sign the record. information set forth in the record after certainty into e-transactions, up jumps Iowa Code section 554D.103(11). If a it was generated in its final form as an Congress, and in (what some might say law requires a signature, an e-signature e-record, and is) a surprise move, preempts portions of satisfies the law. Iowa Code section b. The record remains accessible for the Iowa act with the passage of a com- 554D.108(4). An e-signature cannot be later reference. Iowa Code section promise measure to S. 761, The denied legal effect solely because the sig- 554D.113. Millennium Commerce Act. It appears nature is in an electronic format. Iowa If a law requires a record to be pre- that parts of UETA will be e-obsolete Code section 554D.108(1). For the sented or retained in its original form, or about 90 days from now! Until Congress record, a digital signature is a subset of provides consequences for failing to do acted on June 16, we had a game plan – an electronic signature, and describes a so, the requirement is satisfied by an we were going to discuss various aspects procedure for authenticating the identity e-record, if the record is retained in of UETA with you – in a logical fashion of the signer and verifying that an elec- accordance with section 554D.113(1). – on a monthly basis. Valuable lesson tronic document has not been altered Iowa Code section 554D.113(4). learned: game plans in an e-era don’t from a specific point in time. Record retention and storage may be last long. So much for ours! Electronic records are records, creat- performed by others for you provided While we are sorting out the ramifi- ed, generated, sent, communicated, that they conform to the requirements cations of the passage of S. 761 – we will received or stored by electronic means. in section 554D.113(1). Iowa Code sec- continue to examine the aspects of Iowa Code section 554D.103(10). If a tion 554D.113(3). Additionally, a record UETA that we know to be unchanged law requires a record to be in writing, an retained in compliance with section by passage of the federal legislation. e-record satisfies the law. Iowa Code 554D.113(1) as an e-record satisfies a This month we’ll focus on the heart of section 554D.108(3). An e-record can- legal requirement to retain the record for UETA – legal recognition of e-records, not be denied legal effect or enforceabil- evidentiary, audit or similar purposes, e-signatures, e-originals, e-notaries, and ity solely because the record is in an unless a law enacted after UETA specifi- e-agents. e-format. Iowa Code section cally prohibits the use of an e-record for 554D.108(1). A contract cannot be the specified purpose. Iowa Code sec- Legal Recognition of E-Records denied legal effect or enforceability sole- tion 554D.113(6). and E-Signatures ly because an e-record was used in its If a law requires retention of a check, An electronic signature is defined as formation. Iowa Code section the requirement is satisfied by retention 554D.108(2). of an e-record of a check containing the HEALTHSOUTH Iowa Code section 4.1 has also been information on the front and on the EVALUATION amended to include an e-record, an back of the check in accordance with e-signature and a digital signature in the CENTER section 554D.113(1). Iowa Code sec- definition of a writing and a signature. tion 554D.113(5). Admissibility of E-Records Provides Assessments of Injured A government agency may impose Individuals to Determine Abilities & and E-Signatures additional requirements for retention of Expedite Case Closure: Physician In a legal proceeding, evidence of a records subject to the agency’s jurisdic- Designed and Interpreted: record or signature shall not be denied tion. Iowa Code section 554D. 113(7). * IME * MMI * FCE admissibility solely because it is an elec- E-Notaries * Restrictions and Limitations tronic format. Iowa Code section If a law requires a signature or a * Disability Ratings 554D.114. document to be notarized, acknowl- * Medical Testimony E-Originals edged, verified or made under oath, the * Peer Reviews If a law requires a record to be requirement under the law is met if the Call Dr. David Berg 515-280-3109 retained, the requirement is satisfied by e-signature of a notary (and any other continued on next page 12 July 2000 Law students get help before disaster New learning, study skills program’s aim is to head-off problems By Dean N. William Hines, University of Iowa College of Law* The University of Iowa College of service to students, regardless of their growth. Top students Law introduced a new student service in actual or predicted academic perfor- use the Program’s the 1999-2000 academic year – the mance, we could attract students who resources to strengthen Dean William Hines Academic Achievement Program. It is would otherwise shun participation in their work habits and people skills, law designed to help law students become “remedial” programs because of the stig- journal officers and moot court judges more effective learners in their law stud- ma, which has traditionally become get help in performing their editing and ies and more well-rounded lawyers in attached to them. Therefore, the supervisory responsibilities, just as begin- the long run. The new program is premised Academic Achievement Program offers ning students work on improving their on the belief that all students can bene- its full range of services to all interested class preparation and students anticipat- fit from the creative insights and practi- students, regardless of their current or ing academic difficulty practice their cal advice of an experienced professional projected level of academic performance. outlining and exam writing skills. who specializes in learning theory, study Our model for the new Program was The college was extremely fortunate techniques and strategies for improving the school’s highly successful Writing to have attracted a nationally recognized interpersonal skills (people skills). Resource Center, which offers year- leader in the field as the first Director of The idea of providing extra efforts to round writing tutorials and workshops to its Academic Achievement Program. help students become more effective improve writing skills to all interested After a national search, the directorship learners is not a new one in the law students throughout their three years of was accepted by Dr. Martha Peters, who school world. A large number of schools law school. From the outset it was cru- had developed and directed a similar have had some form of academic support cial to the success of the Writing Center program for 14 years at the University of program for years, but virtually all of to make clear that it was not just a Florida School of Law. Dr. Peters, who these programs limit access to students remedial enterprise for poor writers. holds a Ph.D. in Educational already in serious academic trouble or Similarly, the emphasis in the Academic Psychology, is not law trained, but her those projected to experience academic Achievement Program is not just on long tenure working with law students’ difficulty in the near future. Our idea improving low grades, but on assisting learning skills made her an outstanding was that by offering both general every student to develop skills that will choice to help create an innovative pro- instruction and individualized learning help achieve his or her full potential for gram at Iowa. Dr. Peters does have an assistance outside the classroom as a academic success and professional continued on page 14 UETA: The Heart of the Matter continued from previous page e-contracts; however, this may be sub- e-records and e-signatures will satisfy the information required) is logically associ- ject to change!) Finally, a contract may general legal requirements for a writing ated with the record/signature or the be formed by an interaction in which or a signature. More next month… 1 singer. Iowa Code section 554D.112. the human performs certain actions R. D. Laing, The Politics of Experience E-Agents which the human knows or has reason (Knopf 1983) Electronic Agent means a computer to know will cause the computer to com- *The authors are founding members of program or an electronic or other auto- plete the transaction or performance. the ISBA eCommerce Section Council. mated means used independently to ini- Iowa code section 554D.115(2). Janet Huston was the primary drafter of tiate an action or respond to electronic We are reluctant to begin the discus- the current eCommerce statute (patterned records or performances in whole or in sion this month with respect to the rules after a similar Illinois Act) and the Iowa part, without review or action by an that govern attribution of an e-signature UETA. She speaks frequently on eCommerce individual. Iowa Code section to a person or the legal effect of an issues and represents executive branch agen- 554D.103(9). A contract may be formed e-record, because the passage of the fed- cies in technology related acquisitions and by interaction of electronic agents (read: eral legislation may alter those rules and other technology matters. computers) even though no human is we need to assess the impact of S. 761 Tim Teeter serves on the Cyberspace aware of or reviews the e-agent’s actions on the Iowa UETA. However, generally Committee of the Business Section of the or the resulting terms and agreements. speaking, the substantive law governing American Bar Association. He is an attor- Iowa Code section 554D.115(1). A con- the transaction will determine the effect ney with Murphy, Teeter and Buffington tract may also be formed by interaction of an e-record. As we said in last Law Office in Sumner, Iowa. of an e-agent and a human. Iowa Code month’s article, UETA is not intended section 554D.115(2). (Note: At the to displace or replace the substantive law present time, humans are permitted governing contracts and other to participate in the formation of transactions except to the extent that

July 2000 13 Law students get help before disaster continued from page 13 Iowa connection, however. Her hus- law school and in law practice than the not listen carefully when others are band, Professor Don Peters, a law faculty ability to organize effectively, whether speaking. This lack of attention to the member at Florida, is a 1968 graduate of the task being organized is a classroom words and cues coming from others can the Iowa Law School. assignment, a research paper, a mass of make classroom exchanges problematic, As it was developed this year through class notes, a study group, or a work day. make collaborative work in small groups large class sessions, small group work- Students vary widely in their intuitive less productive and generally create an shops and individual tutorials, Iowa’s organizational skills, but there are a impression of lack of respect for others’ Academic Achievement Program has number of simple techniques that almost views and of little empathy with others’ four principle elements: everybody can master to greatly improve concerns. Developing greater self-aware- 1) Adapting personal learning styles to on their ability to impose order upon ness and understanding about one’s effec- the demands of law study; their work and their personal life. tiveness in the exercise of people skills, 2) Enhancing organizational abilities; Time Management Skills like active listening, is often the essential 3) Improving time management; Like organization, efficient time man- first step to improving performance in 4) Understanding personal strengths agement is a must for law students, who handling challenging situations and deal- and weaknesses in people skills. quickly feel overwhelmed by all they are ing with difficult people. I do not mean If the Program is successful, it should expected to accomplish. Success in to suggest that we intend to psycho-ana- make Iowa Law students more effective achieving one’s innate potential as a law lyze our students or subject them to some learners in the study of law and inculcate student is often thwarted by an inability form of non-directive therapy. We simply in them strong work habits and a height- or unwillingness to plan for upcoming want to help them better understand the ened self-awareness about their personal work, to prioritize projects, to concentrate way they interact with others in a profes- strengths and weaknesses in dealing with fully on the task at hand, and to become sional context by offering them the others, all of which will serve to make acutely aware of the choices being made opportunity for some healthy introspec- them better lawyers. in allocating scarce time. Meeting dead- tion with respect to their people skills. Learning Styles lines is a crucial law student skill; it is an We do this by providing access to standard Learning styles vary widely among imperative work habit in law practice. psychological tests and offering the individuals, yet law classes tend to be As one prominent senior Iowa lawyer reg- chance to perform various interpersonal taught as if all students processed legal ularly advises new associates, the three skills exercises which are then evaluated materials in exactly the same way. Some key elements to professional success are by an experienced helping professional. students learn best by reading, some by concentration, persistence and pace. The preliminary results from the first listening, some by working in small study Self-Awareness About People Skills year of our Academic Achievement groups, some by teaching others and Many of us float through our personal Program suggest that the Program is some by hands on experience with the and professional lives without paying quickly gaining a highly favorable reputa- subject of the study. Helping students to conscious attention to our own patterns tion among our students. We anticipate understand their own learning styles and of behavior in reacting to stressful situa- that the cumulative effect of increasing to focus on identifying the study meth- tions and dealing with difficult people. our offerings of open classes devoted to ods that work best for them can go a We may also lack self-awareness of how the topics described above and expanding long way toward making them more we are perceived by others with whom we the availability of individualized attention effective learners in law school and beyond. must interact. For example, many law to people skills will cause consumer satis- Organizational Abilities students come to law school lacking well- faction with the Program’s services to Few skills are more vital to success in developed listening skills; they simply do continue to rise. I predict that by its 3rd year of operation Iowa’s Academic Achievement Program will meet the high expectations we have for the Program in terms of increasing the effectiveness with which our students learn law, improve their work habits and sharpen their people skills, all of which will carry over after Law school to make them better practicing professionals. I will report to you in a year or two whether these high expectations have been realized. *Reported to The Iowa State Bar Association Board of Governors in Des Moines on June 20, 2000.

July 200014 July 200014 Why are health insurance rates increasing? What is our broker Seabury & Smith doing to assist ISBA members? It’s a common and disheartening So what’s driving the rates higher? What is Seabury & Smith doing to help? theme: Today’s associations, associa- According to Wellmark, there are a This year Seabury and Smith deliv- tion members and employers are disen- number of factors that drive health care ered Wellmark August 1, 2000 renewals chanted with the rising cost of health costs in our country and in Iowa today. to 375 groups (includes 190 Iowa State care insurance. Advancements in diagnostic procedures Bar members with one-life group policies Health care cost trends, which had and medical treatments require signifi- and 185 Iowa State Bar members with moderated in the mid-90s in response to cant investments from the medical true group policies). The average rate the Clinton health care initiatives and research community, and those costs are increase for all groups was approximately the growth of managed care plans, passed on to health care consumers in 30 percent. exploded again in the last two years. the form of higher treatment costs and As a result of the increased phone Thorough analysis of industry claims insurance premiums. Other factors con- calls and service, Seabury & Smith has data suggest that health care inflation tributing to expenditures include subsi- added staff members. A change this year has reached its highest level since the dies for low income and other special in Wellmark guidelines is allowing early 1980s...when general inflation was populations within our society. These Seabury & Smith the opportunity to running in double digits. Today’s increas- subsidies result in what is known as “cost shop the market and provide you alter- es come during a time of unprecedented shifting.” For example, Medicare and nate health quotes from other health economic prosperity and low inflation, Medicaid generally pay less than the insurance carriers. We’re glad to hear creating even greater uncertainty about actual cost of a given treatment. In addi- that some of you have requested that the future. tion, a growing number of Iowans service from Seabury & Smith. The consequences of these trends are receive health care services, often in the We certainly understand your con- larger-than-expected rate increases. form of emergency care, but don’t have cerns about the increase in the health Compared to just 18 months ago, rate the insurance to pay the medical bills. insurance and we are in close communi- increases have tripled. Average increases Hospitals and health facilities tradition- cation with Seabury & Smith to see that now total well into the double digits. ally have attempted to recoup these you are receiving the service that you Some Important ISBA Health costs by charging higher fees for services expect considering the extenuating Insurance Background Information: to those who are insured and who are circumstances. As you know, since 1992, the state of able to pay. It’s interesting and impor- Iowa has not allowed association health tant to note that Iowa leads the nation plans to exist for the purpose of pooling in the percentage of residents age 85 and health insurance claims and premiums older, and ranks fourth in the number of (except for municipalities, government- residents age 65 and older. funded entities and groups of employers While these factors have a dramatic with 50 employees or more). As a result, impact on the increase health cost all insurance companies providing small trends, the one additional item that group (more than two and less than 50 stands out most is the rising cost and uti- lization of prescription drugs. Spending employees) coverage in the state of Iowa on prescription drugs is growing faster must use a “community-based” rating than any other personal health category. philosophy. Since 1992 all Iowa State Driven in large part by direct-to con- Bar Association members with groups of sumer advertising and the introduction one to fifty employees have been rated of an unprecedented number of new under the Wellmark community based drugs, pharmacy costs are growing over rating philosophy. This means all Iowa 20 percent a year. As technological State Bar Association groups are com- advances in research lead to more new munity pooled but then rated individual- drugs, and as aging baby boomers contin- ly for purposes of demographics and ue to drive up the demand, there is every claims experience. indication that drug costs will continue Also, in 1992, Seabury & Smith to rise at a disproportionate rate. (at that time, KVI) negotiated with Finally and additionally, federally- mandated regulations (HIPAA and Wellmark to allow individuals and indi- COBRA) and state initiatives (“mandat- vidual retirees to be included and grand- ed coverage for oral contraceptives” and fathered as small groups under the new subsidized programs for the uninsured) community based rating philosophy, all contribute to the increased cost of understanding no new one-life groups health care insurance for all employers could be placed with Wellmark under and consumers. the community-based rating philosophy.

July 2000 15 Get Onboard the YLD Train . . . by Debora Hewitt Neumeyer YOUR ATTENTION, PLEASE! Division (YLD) will implement an ambi- Popular Stop The Young Lawyers Division is visiting tious and powerful new project entitled Revisited: Know some exciting and interesting issues this “Crossing the Line – Your Rights and Your Constitution year and we want YOU to get onboard Responsibilities” for middle school stu- Contest our train! It will be a trip you will never dents across Iowa. This project is an Thanks to the Debora Hewitt forget! All Aboard! interactive curriculum, which addresses significant finan- Neumeyer many issues the students face as teens – cial support of the First Stop: “Crossing the Line – such as theft, smoking, drugs, alcohol, ISBA Foundation and the ISBA, the Your Rights and Responsibilities” and arson — and the consequences that YLD will be able to continue Know Your This year, the Young Lawyers result if they cross over the line and par- Constitution again this year for Iowa ticipate in criminal behavior. This pro- high school students. This very popular ject has been extremely successful in project involves quizzing students on the Texas and is even used in some jurisdic- United States Constitution, recognizing tions as an alternative sentencing in the accomplishment of high scorers from juvenile court. The project will be a col- across the state at a formal luncheon in laborative effort of the YLD Special Des Moines, and ultimately sending five Project Coordinators, Elisabeth students and their teachers on an Reynoldson and Gary Kendell; the YLD expense-paid trip to Washington, D.C., Juvenile Law Committee; and John to study and participate in a special Wheeler, director of the ISBA Center Close Up Foundation program. This is a for Law and Civic Education. very expensive project, but everyone agrees it is money well spent to educate Second Stop: Domestic Violence students about our country’s founding Another new focus of the YLD this principles and the practice of law. year is Domestic Violence. It has become Without the financial support of the epidemic in our society and seems to ISBA Foundation and the ISBA, this plague all racial, socio-economic, and project would not be possible. Please religious groups. A Domestic Violence join me in thanking the leaders of these Committee has been formed and will be organizations for making a wise invest- led by Committee Co-Chairs, Rosanne ment in the future of our students and Lienhard and Sarah Gayer. The commit- our profession. tee will plan and implement a number of projects to increase public awareness of Final Stop: Continuing the domestic violence as well as to assist the YLD Tradition of Excellence victims of domestic violence. The YLD will continue, of course, to provide and polish many projects which Third Stop: New and have been so successful and popular in Improved YLD Website the past. A few of the well-established, An internal priority of the Young annually successful YLD projects you Lawyers Division this year is to continued on next page improve our website to keep up with the fast times dictated by the new YOUNG LAWYERS DIVISION millennium. The YLD Publicity YLD Committee, which is led by Tre IOWA STATE BAR ASSOCIATION Critelli, will work with ISBA The Young Lawyers Division News Webmaster Harry Shipley to tackle is published bimonthly. Material for designing an interesting and informa- publication and suggestions as to content tive YLD site. It will improve commu- are welcome. They should be sent to nications among our members, serve Tré Critelli, Nick Critelli Associates, 317 as a marketing tool for prospective Sixth Avenue, Des Moines, IA 50309. lawyers and provide links to useful Articles appearing in this section about information for young lawyers. Tune substantive law are not intended to be comprehensive and do not necessarily in . . . it is just a click away! reflect the opinion of the ISBA or the Young Lawyers Division.

16 July 2000 Get Onboard the YLD Train . . . continued from previous page have become so familiar with include – us know. We are always looking for new us – great things lie ahead for the YLD! Bridge the Gap CLE Seminar territory to conquer! I would like to personally thank every- Mock Trial Tournaments As I look ahead to the 2000-2001 bar one for committing his or her time and Nuts and Bolts Seminars for newly year, I am excited about the new projects talents to leading the YLD and its many admitted lawyers and issues the YLD will undertake while projects and committees. I would also Iowa State Fair Trial by Jury striving to continue and improve the like to thank the employers of everyone Justice for All Golf Tournaments many successful projects of the past. But, involved in the YLD for their generous Summer CLE Seminar probably the thing I am most looking for- support and encouragement of young The YLD has a rich tradition of ward to this year is the fantastic group of attorneys participating in bar activities. developing and implementing public ser- people I will have the opportunity to I look forward to the opportunities vice projects as well as member service work with and the friendships I will and challenges this year holds for the projects. It has become known as an develop in this position. The people serv- YLD, but I remain somewhat over- organization that “takes action” and ing on the YLD Executive Council and as whelmed by the accomplishments of “gets things done” when it sees a need to YLD Committee Chairs this year have no past YLD leaders and their big shoes I be filled or an issue to be addressed. If rivals from other group in YLD history. will attempt to fill. The YLD is well you have a project idea or an issue you This group is comprised of dynamic, known for accomplishing great tasks but would like the YLD to tackle, please let influential and powerful leaders. Watch also for having fun in the process! If you are interested in getting involved in the YLD, please contact a district representative in your area or a YLD rounds up supplies for YLD officer for more information. Please join us! Get onboard the YLD Train! domestic abuse shelters All Aboard! Every year, the Young Lawyers over 1,000 diapers, 33 hairbrushes, 50 Division of The Iowa State Bar deodorant packages, assorted chil- Association conducts a public service dren’s and adult’s clothing, over 500 project as part of Law Week, the first hotel mini-shampoo and conditioner week in May. This year, the YLD bottles, and bars of soap, numerous organized a “Teddy Bear Round-Up” cases of toilet paper, at least 15 pairs for domestic abuse shelters. of shoes, over 200 bath towels, hand Each YLD district representative towels, and wash cloths, and hundreds contacted a domestic abuse shelter in of other sundry and health and beauty the representative’s district and items for children and adults. obtained a “wish list” of desired Several hotels/motels agreed to rent items,such as toilet paper, diapers, and rooms at discounted rates on an emer- toiletries to “luxury” items such as gency basis. At least one hotel has agreed teddy bears and toys to give to the to provide towels, sheets, and other arti- children staying at the shelters. cles upon request of the shelters. The representatives started dona- The generosity of the donors and tion drives to accumulate the request- the hard work of YLD representatives ed items including putting donation resulted in several positive stories in boxes in firm kitchen or break areas, local media. Media coverage included contacting local attorneys and judges several newspaper photos and articles for cash or other donations, local regarding the fund drive around the hotels for mini-shampoos and soaps, state and several local television seg- dentists for toothbrushes, and discount ments on the project. stores to donate other requested items. The YLD extends a special thank The response to the Teddy Bear you to all attorneys, firms, judges, Round-up was extraordinary. Based retailers, and others that so graciously on reports from the participating YLD donated to this worthwhile project. representatives, here is a summary of Also, we should not forget the YLD the results — representatives who put in a great Eleven shelters received the divid- deal of time and hard work to make ed proceeds of $2,042 in cash dona- the project a success. Thank you. tions and over 59 stuffed toy animals,

July 2000 17 2000-01 Young Lawyers Division Executive Council

President Debora Hewitt Neumeyer Cedar Rapids Iowa Attorney General’s Office 319-294-8293 President-Elect Paul Ahlers Fort Dodge Johnson, Erb, Bice, Kramer, Good 515-573-2181 & Mulholland, P.C. Secretary Timothy Semelroth Cedar Rapids Riccolo & Baker, P.C. 319-365-9200 Immediate Past President Elisabeth Reynoldson Osceola Reynoldson, Van Werden 515-342-2157 & Reynoldson, L.L.P. District 1A Representative John Carr Manchester Carr & Carr 319-927-4164 District 1B Representative (Open Seat) District 2A Representative David Schrock Mason City DeVries, Price & Davenport, P.C. 515-423-1173 District 2B Representative Susan Ahlers Fort Dodge Johnson, Erb, Bice, Kramer, Good 515-573-2181 & Mulholland, P.C. District 3A Representative Edean Murray Storm Lake Murray & Murray, P.L.C. 712-732-6371 District 3B Representative Edward “Ted” Poulson Sioux City Heidman, Redmond, Fredregill, 712-255-8838 Patterson, Plaza & Dykstra, L.L.P. District 4 Representative T.J. Pattermann Council Bluffs Smith Pederson Law Firm 712-328-1833 District 5A Representative Patricia Notch Indianola Warren County Attorney’s Office 515-961-1014 District 5B Representative Patrick Greenwood Lamoni Phipps & Greenwood, L.L.C. 515-784-6968 District 5C Representative Susanna Albaugh Brown West Des Moines Rouwenhorst Law Firm 515-457-3699 District 5C Representative Lora McCollom West Des Moines Phillips, McCollom, Kozlowski 515-226-0150 & Vald, P.L.C. District 5C Representative Marc McKay Des Moines Grefe & Sidney, P.L.C. 515-245-4300 District 5C Representative Bradley Obermeier Des Moines Duncan, Green, Brown, 515-288-6440 Langeness & Eckley, P.C. District 5C Representative Aaron Oliver Des Moines Hansen, McClintock & Riley 515-244-2141 District 5C Representative Kathryn Atkinson Overberg Des Moines Nyemaster, Goode, Voigts, West, 515-283-3123 Hansell & O’Brien, P.C. District 5C Representative Debra Rectenbaugh Pettit Des Moines Davis, Brown, Koehn, Shors 515-288-2500 & Roberts, P.C. District 6 Representative Laurie Dawley Cedar Rapids Shuttleworth & Ingersoll, P.C. 319-365-9461 District 6 Representative Joseph Moreland Iowa City Hayek, Hayek & Brown, L.L.P 319-337-9606 District 6 Representative Matthew Preston Cedar Rapids Brady & O’Shea, P.C. 319-866-9277 District 7 Representative Steven Havercamp Davenport Stanley, Lande & Hunter, P.C. 319-324-1000 District 7 Representative (Open Seat) District 8A Representative Jeffrey Logan Ottumwa Lynch, McKay, Moreland 515-682-8326 & Webber, P.C. District 8B Representative Darin Stater Mount Pleasant Stater Law Office 319-385-1715 At-Large Representative Todd Buchanan Algona Buchanan, Bibler, Buchanan 515-295-3565 & Gabor At-Large Representative Darin Luneckas Cedar Rapids Blackstock Law Office 319-393-5416 At-Large Representative Brett Trout West Des Moines 515-971-6507 At-Large Representative Harold Widdison Sioux City Richard Rhinehart & Associates 712-258-8706 Special Project Coordinator Elisabeth Reynoldson Osceola Reynoldson, Van Werden 515-342-2157 & Reynoldson, L.L.P. Special Project Coordinator Gary Kendell Des Moines Polk County Attorney’s Office 515-286-3685

2000-01 Young Lawyers Division Committee Chairs

Bar Review Eric Nelson Coralville Sixth Judicial District Court 319-398-3920 Bridge the Gap Tom Houser Des Moines Davis, Brown, Koehn, Shors 515-288-2500 & Roberts, P.C. Domestic Violence Rosanne Lienhard Sioux City Woodbury County Attorney’s Office 712-279-6516 Domestic Violence Sarah Gayer Cedar Rapids Shuttleworth & Ingersoll. P.C. 319-365-9461 Services to the Elderly Angela Lange Des Moines Iowa Department of Elder Affairs 515-281-4653 Justice for All Wendy Marsh Des Moines Zarley, McKee, Thomte, 515-288-3667 Voorhees & Sease Justice for All Andrew Chappell Iowa City Phelen, Tucker, Mullen, Walker, 319-354-1104 Tucker & Gelman, L.L.P. Juvenile Richard Mitvalsky Cedar Rapids Gray, Stephani & Mitvalsky, P.L.C.319-364-1535 Know Your Constitution Aaron Oliver Des Moines Hansen, McClintock & Riley 515-244-2141 Law Related Education Sarah Dooley Rothman Independence Lounsberry Law Office 319-334-2590 Long Range Planning Paul Ahlers Fort Dodge Johnson, Erb, Bice, Kramer, 515-573-2181 Good & Mulholland, P.C. Membership Emily Hughes Iowa City Public Defender’s Office 319-351-1327 Minority Affairs Anjela Shutts Des Moines Whitfield & Eddy, P.C. 515-288-6041 Minority Affairs Sean Pelletier Des Moines Whitfield & Eddy, P.C. 515-288-6041 Publicity Nick (Tre) Critelli III Des Moines Nick Critelli Jr. Assoc., P.C. 515-243-3122 Professional Development Terri Davis Cedar Rapids Shuttleworth & Ingersoll, P.C. 319-365-9461 Professional Development David Steward Des Moines Iowa Attorney General’s Office 515-281-7242 State Fair Tina Eick Des Moines Hopkins & Huebner, P.C. 515-244-0111 State Fair Michael Gilchrist Des Moines Dorsey & Whitney, L.L.P. 515-283-1000 Summer Seminar Edean Murray Storm Lake Murray & Murray, P.L.C. 712-732-6371

18 July 2000 Pssst! It’s a secret! CLE fun is not an oxymoron By Edean Murray and Todd R. Buchanan , YLD Summer Seminar Co-Chairs Psst! Don’t tell anybody this, but The final round will be Saturday after- attachment, and child support issues. there is an event held at Lake Okoboji noon at Brooks Golf Course. We will also have the honor of Judge every August that gives you CLE credit If golf and the lake aren’t enough to Mark Bennett, Justice Jerry Larson and for having fun. We have to keep it a attract you, then there is also the excel- Judge Robert Pratt’s presence this year. secret because if it ever catches on, lent continuing education Friday and If you are thinking of attending but those fuddy duddies who hand out CLE Saturday mornings. have yet to decide to come, talk to a credits will shut us down. President-elect for 2000-2001 Paul friend or colleague who has attended in So what is this secret event that only Ahlers, who also is a former Summer the past. We can assure you that no one 100 attorneys in Iowa know about and Seminar co-chair, will share with atten- has ever left the Summer Seminar with attend each year? It is the Summer dees his unique commentary on recent any regrets. Seminar hosted by the folks who still Iowa cases. If you have attended in the past, you remember how to have fun, The Young A traditional favorite is Co- should ask yourself one simple question, Lawyers Division. Legislative Counsel Lorelei Brewick “Why am I not going to the 2000 The event this year will be August 11 with her Legislative Update. Summer Seminar?” The topics and and 12 at the totally refurbished Inn on Other topics to be covered are appellate speakers are consistently timely, relevant, West Lake Okoboji. This year’s event practice, administrative law, ethics and knowledgeable and often entertaining. will coincide with the First Annual technology, social security disability, deter- The extra curricular activities cannot be YLD/Okoboji Golf Shootout. The first minations, revisions to UCC Article 9, matched by any other CLE event. We round will be Friday afternoon, follow- Grievance Commission practice and proce- look forward to seeing you there! ing the morning CLE, at Emerald Hills. dures, family law update, garnishment and Iowans thrive at mock trial finals before losing a split decision to North dome during a debate that took place Carolina. North Carolina went on to the only blocks away from the site of the final round where it eventually fell to a competition. team from the state of Washington. Xavier’s trip to South Carolina This was Xavier’s second straight state would not have been possible without championship and second straight top- generous contributions from these mem- 10 finish at Nationals. Students Brian bers of the Iowa Bar — Corinne Frey, Amy Jennings, Megan Lester, Ben Butkowski; Harold Denton; Martin Diaz; Ostrander, Emily Peebler, Courtney A. John Frey, Jr.; Jim Holcomb; Moyer Ridge and Sam Schrup made up the & Bergman, PLC; Pickens, Barnes & Team members decompress after their last Nationals’ Xavier team. Xavier was coached by Abernathy; Riccolo & Baker, P.C.; Tom trial. They are, from the left, Megan Lester, Courtney Ridge, Ben Ostrander, Emily Peebler, Brian Frey and attorneys Brad Brady, Sarah Gayer, Riley Law Firm; Seidl & Chicchelly; Sam Schrup. Emily Hughes, Tim Semelroth and Chad Simmons, Perrine, Albright & Ellwood, Von Kampen. Dennis Ferguson and Rick PLC; and Tom Wertz. The Linn County Iowa has proved once again that it Sellers served as educator-coaches. Bar Association also was instrumental in has one of the top Mock Trial programs The Nationals experience was more the success of this year’s efforts. in the country. Xavier High School of than just courtroom competition for the Cedar Rapids took seventh place at the students. The tournament gave the par- Independent Medical National High School Mock Trial ticipating teams a number of opportuni- Examinations in Psychiatry Tournament held in Columbia, South Board Certified in Psychiatry ties to meet and socialize. These oppor- and Medical Administration Carolina, for four days in May. Xavier tunities included a 70s/80s dance and a Independent Medical Examinations won the right to represent Iowa at the Workers Comp and Disability Southern-style barbecue. Xavier intro- Expert Witnessing National Tournament by winning the duced themselves to the other partici- Quality of Care/Practice Standards Reviews Iowa championship in March. Case File Reviews and Consultation pants at the opening ceremony by pass- Forensic Examinations Forty-two teams representing 40 ing out sample boxes of Cap’n Crunch Public Speaking states and two U.S. territories participat- cereal (made in Cedar Rapids). The stu- Thorough, Clear and Timely ed in this year’s National Tournament. dents also witnessed history-in-the-mak- Loren A. Olsen, MD, FAPA Xavier went 3-1 in the competition, Appointments: 515-271-6315 ing during the tournament as the South eMail: [email protected] besting teams from Guam, Georgia (last Carolina Legislature voted to remove Office: 1750 48th St., Des Moines, IA 50310 year’s national champion) and Illinois, Correspondence: 3032 Settlers Trail, St. Charles, IA 50240 the Confederate flag from the Capitol

July 2000 19 LAWPAC can use your help in November! Help identify candidates for campaign funding By Jim Carney Contrary to popular belief, the Iowa disciplinary practice (MDP), but not by a special relationship with the candi- Legislature is not controlled by lawyers. the bar association. They promised to dates, such as having represented them, It may surprise some to know that there make very significant negative changes worked on their campaigns, or are a are only 12 lawyers who serve as law- in the civil justice system. friend or relative of theirs. If for any rea- makers. There continues to be the annual son you believe a candidate is especially Attorneys and the practice of law threat to legalize title insurance. worthy of LAWPAC support, please let face legislative threats continuously. Such interests are afoot all the time. us know and why you believe so. These legislative assaults on the practice They will continue to try to get their Please direct your communication to seem to increase each year and it is special interest agendas on the floor of the attention of Jim Carney, 400 prime time now for the community of the legislature and passed into law in Homestead Building, 303 Locust Street, lawyers in Iowa to take stock of the any way they can. That is why it is Des Moines, IA 50309. challenges we face and get active in sup- extremely important to identify candi- And please keep in mind the fact porting local legislative candidates who dates who are sensitive to the ISBA’s that there are only a dozen lawyer-legis- understand what the legal community legislative concerns, concerns for the lators currently serving in the Iowa contributes to Iowa each year. equitable administration of justice in Legislature – six in the House and six in During the last legislative session, a our state. the Senate. That’s why it is extremely group calling itself “Citizens for a Sound LAWPAC needs your help in identi- important for us to identify persons who Economy” sponsored a rally for what fying legislative candidates worthy of its will at least listen to concerns of the they called “tort reform” – shark suits support in the the November general ISBA regarding legislative matters that and a show. election. All 100 House seats and 26 will affect all Iowans. We welcome your Bills were introduced during the Senate seats are up for re-election in assistance. We look forward to hearing session that would have legalized multi- the midst of the national campaign from you soon. and hoopla for president of the Remember, “All politics is local!” Top-of-the-Line United States. You can be of immeasurable help In the Iowa Senate, there are three by becoming involved in your local Services open seats. There are 18 contested seats legislators’ races. and five uncontested seats. In the House, there are 13 open seats. There *Jim Carney is the ISBA’s legislative are 52 contested seats and 35 uncontest- counsel. His office is at 400 Homestead ed seats. This is a very important year Building, 303 Locust Street, Des Moines Build a better case when and who is elected will determine the 50309. Phone him at 515-282-6803. you contact state’s legislative direction for at least Office facsimile is 515-282-4700 the next two years. Write us if you know the candidates Alan D. Ryerson in your district. Let us know if you have CPA/ABV, ASA for your Business Valuation and Litigation Support needs.

BUSINESS CAPITAL CORPORATION

1508 Financial Center Des Moines, IA 50309 Phone: (515) 282-8019 FAX (515) 282-0325 E-mail: [email protected] Web: www.businesscapitalcorp.com

July 200020 July 200020 2000 CONTINUING LEGAL EDUCATION CALENDAR Date Program Location CLE Sponsor SFE

July 18 General Practice Section CLE/Golf Pella, Bos Landen 1 1 ISBA

August 10-12 YLD Summer Seminar Okoboji, The Inn Resort 7.5 2.25 1.25 ISBA

September 13 Trade Regulations/Corp Counsel Seminar Des Moines, Embassy Suites Hotel ISBA 15 Labor & Employment Law Seminar Des Moines, HyVee Conference Center ISBA

October 2 Traveling Seminar Sioux City, Convention Center ISBA 3 Traveling Seminar Council Bluffs, Ameristar Hotel/Casino ISBA 4 Traveling Seminar Mason City, Holiday Inn ISBA 5 Traveling Seminar Cedar Rapids, Crowne Plaza Hotel ISBA 6 Traveling Seminar Davenport, Radisson Hotel ISBA 9 Traveling Seminar Des Moines, Savery Hotel ISBA 13 Appellate Practice Seminar West Des Moines, West Des Moines Marriott Hotel ISBA 20 Environmental Law Seminar Amana, Amana Holiday Inn ISBA 20 Probate & Trust Law Seminar (Live) Des Moines, Downtown Marriott ISBA

November 10 Probate Seminar - 7 Video Sites Cedar Rapids, Crowne Plaza Hotel ISBA Council Bluffs, IA Western Comm College ISBA Davenport, Radisson Hotel ISBA Marquette, Miss Marquette Riverboat ISBA Mason City, Holiday Inn ISBA Sioux City, Hilton Hotel ISBA Waterloo, Holiday Inn ISBA

December 6-8 Tax School Des Moines, Marriott Hotel ISBA 15 Federal Practice Seminar Des Moines, Marriott Hotel ISBA

For information about any Iowa State Bar Association-sponsored event call 1-800-457-3729 or (515) 243-3179. *Number of Federal and Ethics hours based on sessions attended. Application has been made and approval is pending for CLE hours.

July 2000 21 ATTORNEY DISCIPLINARY DECISIONS

Joe Harris,Cedar Rapids personal interest, he violated DR 1- grantor thereof he engaged in conduct Public Reprimand 102(A)(5) of the Iowa Code of Professional adversely reflecting on his fitness to practice Supreme Court Order Responsibility for Lawyers by engaging in law, contrary to DR 1-102(A)(6) of the Iowa May 31, 2000 conduct prejudicial to the administration of Code of Professional Responsibility for justice, and DR 1-102(A)(6) by engaging in Lawyers. That in securing the proceeds of an Harris represented an individual who other conduct adversely reflecting on his fit- annuity contract which by its terms made his lived near the proposed site of a new landfill. ness to practice law. father’s widow the primary beneficiary there- He sent anonymous fax communications to of, pursuant to that power of attorney, with- approximately 325 local Cedar Rapid busi- John R. Martin, Davenport out disclosing to the insurance carrier the nesses critical of the Cedar Rapids Mayor and Public Reprimand fact of his father’s death, he engaged in con- Commissioners for selecting that particular Supreme Court Order duct involving dishonesty, fraud, deceit, or site for the proposed landfill, advocating a May 31, 2000 misrepresentation, contrary to DR 1-102(A)(4), change in city government and urging: “our of the Iowa Code of Professional city needs new leadership - vote for change Martin’s father had remarried and at his Responsibility for Lawyers. That in propos- in city government.” death was survived by his spouse, Martin’s ing to his father’s widow, who at the time was Harris’s anonymous faxes were deter- step-mother. Prior to his father’s death not represented by counsel, a division of mined to be political materials that did not Martin drafted and secured his father’s signa- property to himself and his siblings, which contain a “paid for by” attribution disclaimer ture on a power of attorney naming Martin as included items of property which his father and he was thus in violation of section 56.4 his attorney in fact in which Martin attempt- and his widow held in joint tenancy and of the Code of Iowa. Harris was publicly ed to secure authority to act on behalf of his which were thus hers automatically by opera- reprimanded that in distributing political father even after his father’s death by adding tion of law, he not only engaged in conduct material anonymously, in violation of Iowa to the language of the printed form which involving misrepresentation, contrary to DR statute, and further, with respect to a matter would have provided that the power of attor- 1-102(A)(4), but gave advice to a person not in which he represented a client with a ney would be “effective until my death,” the represented by counsel, other than the advice words: “or until my assets are distributed by to secure counsel, his father’s widow’s inter- A CALIFORNIA probate or otherwise, whichever occurs later.” ests being in conflict with the interest of Following his father’s death Martin Martin and his siblings, contrary to DR LAWYER (BACK) secured the proceeds of an annuity contract 7-104(A)(2) of the Iowa Code of IN IOWA which proceeds were payable to his father’s Professional Responsibility for Lawyers. widow by enclosing a copy of that power of attorney without revealing the fact of his David J. Erbes, Des Moines father’s death to the insurance company. He Public Reprimand then deposited the proceeds of that annuity Supreme Court Order contract, which by its terms was payable to May 31, 2000 his father’s widow, to his personal account. Martin then wrote to his father’s widow Erbes signed a postal receipt for the proposing a division of his father’s assets, Supreme Court Board of Professional Ethics including a distribution to himself and his and Conduct’s initial notice of complaint on siblings of, among other assets, the balance in June 23, 1999, and on July 13, 1999, the joint checking account his father had acknowledged receipt of that notice request- Jon R. Pearce with his widow, their home which his father ing a 10 day extension of time to file his •20 years practice in Iowa and his widow owned in joint tenancy, and response, which the Board granted. He failed an automobile which was titled only in the thereafter to file a response notwithstanding •12 years practice in California name of his father’s widow and her daughter, another letter to him by ordinary mail on •No charge to I.S.B.A. members thus making a proposal to an adverse party August 11, 1999, reminding him that he had for initial consultation on not represented by counsel which, if he had been granted an extension to July 24 to file a California matters secured her consent, would have required response and which letter advised Erbes that that she share with Martin and his siblings his failure to provide a response was itself an Jon R. Pearce assets which passed to her automatically by ethical violation which would warrant a fil- Pingel & Templer, P.C. operation of law and in which Martin and his ing against him with the Grievance 3737 Woodland Ave., #437 siblings had no entitlement. Commission. Erbes nevertheless failed to file West Des Moines, IA 50266 Martin was publicly reprimanded that in a response until March 1, 2000. drafting a power of attorney granting unto Erbes was publicly reprimanded that his (515) 225-3737 himself the authority to act as an attorney in failure to provide a timely response to the fact intended to survive the death of the Board’s notice of complaint, notwithstanding

22 July 2000 the Board’s reminder to him of the conse- court stated, “At its most basic level a court quence of such failure, was conduct prejudi- must rely, not alone on the honesty of cial to the administration of justice, contrary lawyers, but also on the reliability of factual to DR 1-102(A)(5) of the Iowa Code of representations submitted to the court. A Professional Responsibility for Lawyers. misrepresentation cannot be explained away, and certainly not justified, on the basis of dis- Ray Sullins organization and confusion.” The court also Des Moines found that Ackerman had violated DR 7- One Year Suspension 110(B) by presenting the dismissal order ex Supreme Court Decision parte without advising the county attorney. June 1, 2000 Although the Grievance Commission recommended a public reprimand, the Sullins failed to discharge his duties as a Supreme Court considered the fact that lawyer with respect to four clients. His mis- Ackerman had previously been publicly repri- takes included procrastinating in answering manded and suspended his license for a mini- interrogatories, resulting in a $750 sanction; mum of one month. sloppy record keeping and loss of files; failure to render an accounting of services per- formed; failure to file suit even though the TABLE A: SOURCE OF COMPLAINT AND BOARD DETERMINATIONS petition was prepared and the client had paid the filing fee; failure to respond to requests Source of Grievance Public Private Complaint Commission Reprimand Admonition Dismissal Total for return of client materials after being dis- charged; failure to refund unearned fees after Client 19 6 19 78 122 being discharged; and failing to cooperate Adverse Party 1 2 6 36 45 Prisoner or criminal defendant 1 3 2 99 105 with state and local ethics investigations. The Dissolution Client 9 1 6 38 54 court wrote that Sullins “seems to have raised Adverse Dissolution Party 2 2 18 22 procrastination to a fine art. He plays no Heir or devisee against probate 9 3 4 28 44 attorney favorites. He has consistently spurned the Adverse attorney 4 2 3 12 21 inquiries of our board of ethics and conduct Judge or other attorney 7 6 5 8 26 in exactly the same manner demonstrated Referral from a County Bar 1 1 Association with his clients.” Citing the three previous “Attorney, self-reporting” 21317 disciplinary sanctions against Sullins, the Board complaint 7 5 11 6 29 court stated, “this is enough,” and suspended Other 2 10 12 his license for a minimum of one year. Totals 59 31 63 335 488

John W. Ackerman TABLE B: TYPE OF COMPLAINT AND BOARD DETERMINATIONS Waterloo Grievance Public Private Type of Complaint Commission Reprimand Admonition Dismissal Total One Month Suspension Supreme Court Decision “Fraud, deceit, dishonesty, 8 6 9 56 79 June 1, 2000 misrepresentation” Misappropriation or mishandling of money or property 10 1 5 15 31 Representing a defendant on a criminal Criminal conviction 5 1 1 7 charge, Ackerman moved to dismiss the pros- Other misconduct 4 2 4 25 35 Advertising or solicitation 4 4 13 7 28 ecution, alleging that no indictment had Fee matters 4 3 9 14 30 been found within forty-five days of arrest. Aiding the unauthorized 4 4 The motion was erroneous, however, because practice of law Breaches of confidentiality 2 9 11 Ackerman used the date of the alleged crime Conflict of interest 4 8 5 43 60 as the arrest date. He presented an order dis- Neglect or incompetence 34 12 26 206 278 missing the case ex parte to the judge, who Communication with adverse party 1258 “Trial publicity, trial conduct” 11 2 signed it. When the true facts were learned Frivolous or unwarranted litigation 331613 the dismissal was set aside and Ackerman was Threatening criminal prosecution2 2 1 1 6 found in contempt of court. His defense of Disrespect of court 1 1 trust Account irregularities 1 1 mistake was countered by evidence of two previous similar incidents. In refusing to Totals 79 43 79 393 594 write off the conduct as a mere mistake, the Note: The total number of complaints by type of complaint exceeds the total number of complaints subject to determination because some complainants alleged more than one type of violation.

July 2000 23 Iowa Bar affirmative legislative proposals adopted in the 2000 session Beginning July 1, a number of new laws House File 2254, Affidavit of proposed by the Iowa State Bar Possession/Ancient Deeds. The Real Association took effect. Each of the fol- Estate Section recommended making lowing legislative proposals was technical changes to Sections 614.19 approved by one of the Bar’s sections, as and 614.22, dealing with the rolling well as the Board of Governors. In addi- statute of limitations for affidavits of tion to the Bar’s affirmative proposal, possession and also recommended clari- the Iowa Legislature adopted, and the fying changes to the section relating to Governor signed, approximately 240 ancient deeds. other pieces of legislation. House File 2518, Chapter 633 The Bar’s affirmative proposals that Amendments and Trust Code Cleanup. passed include: From the Probate Section, this bill makes various changes to Chapter 633, House File 2239, Limited including changes concerning the effect Partnerships. Proposed by the Business of dissolution of marriage upon will pro- Law Section, it allows limited partner- visions, court costs charged for trusts, ships to register as limited liability part- notices of probate of will, probate inven- nerships under Iowa’s general partner- tory dates, distributions to minors, and ship law. powers of attorney. The bill also made corrective changes to the Iowa Trust

Capital photo provided by Des Moines Convention and Visitors Bureau. Senate File 2373, Worker’s Code which was enacted last year and Compensation. This bill from the became effective July 1. Worker’s Compensation Section revised Code sections deals with attorney’s liens, House File 2240, Guardianships venue of hearings, computation of week- and Conservatorships. This Probate ly earnings, and subject matter on per- Section proposal changes aspects of ser- sonal jurisdiction. vice of notice and appointment of coun- sel in involuntary guardianship and con- House File 2513, Revised Uniform servatorship cases. Commercial Code Article 9. The Commercial and Bankruptcy Law House File 2425, LLC Manager Section proposed this legislation, which Knowledge. This proposal from the adopts the Revised Uniform Real Estate and Title Law Section Commercial Code Article 9. The new deletes Code provisions that charge the act becomes effective in a year, on July general public with knowledge of the 1, 2001. authority of LLC members. Several other items on our affirma- House File 2168, Dissolution tive agenda, including support for fund- Prove-Ups. This new bill from the ing for Legal Services and for increased Family Law Section amends current law pay for magistrates, also were adopted. allowing prove-up of dissolution decrees The Justice Appropriations bill included without hearing to be extended to cases a $700,000 appropriation for Legal involving child custody and support. Services. In addition, magistrates received a six percent pay increase. Check the ISBA website – www.iowa bar.org — for links to the text of legisla- tion, and other legislative materials.

July 200024 July 200024 SUBSTANCE Young lawyers get boost ABUSE PROBLEMS? STRESSED? from pro’s Aug. 10-12 CONFIDENTIALITY

The Iowa Academy of Trial Lawyers, The program’s faculty includes – GUARANTEED! the Iowa Trial Lawyers Association, the Kevin H. Collins of Shuttleworth & Iowa Defense Counsel Association, and Ingersoll, P.L.C; Joel T.S. Greer of Iowa Lawyers Assistance Program the Iowa Chapter of ABOTA are com- Cartwright, Druker & Ryden; Sharon 800-243-1533 bining efforts to present another Joint Soorholtz Greer of Cartwright, Druker If you or any lawyer you know has a Trial Advocacy Program on August 10, & Ryden; Nan Horvat of the Polk stress, alcohol or substance abuse 11 and 12 at the University of Iowa, County Attorney’s Major Offense problem, we can help. We are a College of Law. Division; and William G. Nicholson of non-profit corporation offering free This year’s program — again limited White & Johnson. to just 48 enrollees — aims at assisting Also Glenn Norris of Hawkins & assistance to lawyers on a totally young Iowa lawyers develop their trial Norris; Margaret M. Prahl of Heidman, confidential basis. The personnel, skills. It is planned to provide 15.5 XCLE Redmond, Fredregill, Patterson, Plaza & phone and office are all completely hours, which have been applied for. Dykstra, L.L.P.; Randall Shanks of separate from the bar association. Participants will be exposed to all Council Bluffs; Cynthia Scherrman The director of the program is phases of trial from voir dire to closing Sueppel of Moyer & Bergman, P.L.C.; trained to help. All communications argument. They will practice each phase Deborah M. Tharnish of Davis, Brown, with the director are confidential in small groups, with each group con- Koehn, Shors &Roberts, P.C.; Judith A. under federal law. ducting a mock trial the final day. Whetstine of the U.S. Attorney’s Office; Bob Houghton at Shuttleworth and Rand Wonio of Lane & Waterman We can’t help unless you call. We & Ingersoll of Cedar Rapids can be are also available to provide speak- contacted for further information at ers for our local bar association 319-365-9461. His e-mail address is events to talk about lawyers and [email protected]. stress, alcohol and substance abuse. IOWA TRUST ASSOCIATION WILL & TRUST FORM MANUAL

MEETING THE NEEDS Please send the following: • Need for a variety of Will and Trust Forms QUAN. ITEM PRICE TOTAL ____ Will and Trust forms book and disk $525 ______Forms range from simple to complex (30 Day Refund Policy) Over 27 different Will and Trust Forms ____ 1999/2000 Supplement and disk $375 ______Over 97 special Trust Provisions and Powers (Available only to those who purchased the Forms are updated, editable and easy to use! 98/99 Update or Book) Sales Tax @ 6% ______Total $ ______

COST ANALYSIS Send Book and Disk to: • No cost per form usage charges Firm ______Others charge for each form prepared Attention ______Others charge for each change/amendment Ours-use as many and as often as you wish Address ______Ours-one set of Wills/Trusts can pay for the Book! City, State, Zip ______Telephone No. ______OUR STRENGTHS We are an Association of Iowa Bank Trust Word Perfect 5.1 ___ • (Will work with Microsoft Word) Departments. • We are committed to our customers needs. Please return this form and your payment to: • We are committed to excellence in drafting Iowa Trust Association Telephone No. (515) 222-9585 1601 22nd St., Suite 300 FAX (515) 327-1063 documents. West Des Moines, IA 50266-1408 • We are committed to Iowa Lawyers! *Disk Size provided is 3 1/2 HD.

July 2000 25 Principal Financial Group ASSOCIATE WANTED: AV-rated Compliance Officer Iowa law firm seeks an associate to join an Principal Connection, the direct market- active county seat general practice. Prior ing and sales arm of the Principal Financial experience not a necessity, although desir- Group, is looking for a Compliance Officer able. Background in accounting or busi- Classified Ads to join their leadership team. This person ness is a plus. Terms of employment are Electronic mail submission of adver- will be responsible for managing the negotiable depending on experience. tisements is appreciated. Follow the style Principal Connection Compliance team Please submit inquiries and resume to of ads appearing here. Please include full and all compliance activities to support Robert G. Schlegel or Leslie D. Lamping, firm name and phone number; both can the sale of bank, insurance and securities P.O. Box 929, Washington, Iowa 52353 be withheld upon request. Also give name products. The successful candidate will (900) of contact for verification. Please include manage marketing and sales compliance bar membership number if submission is issues (both national and state) in accor- ATTORNEY POSITION: AV-rated Clive to qualify for member’s two annual free dance with the laws and regulations gov- law firm with established real estate, probate ads. State number of times you wish ad to erning banking, securities and and taxation practice is looking for a high- appear. insurance.Efforts in this area will also focus quality attorney partner or associate. New First two months are free to PC’s and on finding solutions to legal issues related office building with excellent working condi- entities that are primarily law firms. to new product development. tions; terms and benefits are negotiable. Send Deadline for submissions is 30 days before resume and cover letter to Stephen J. Petosa the first of the month of publication. Qualifications include: of Petosa, Petosa, Boecker & Nervig, 1350 E-mail [email protected] • JD (with strong academic credentials) NW 138th Street, Suite 100, Clive, Iowa Questions? Call Chuck Corcoran, 515- and licensed to practice law with at 50325. (900) 243-3179. To reply to ads that list code least three years of experience in the numbers, write to The Iowa State Bar financial services industry WORKERS’ COMPENSATION Association and use the following format: • Specific experience with market con- ATTORNEY: Sioux City law firm has duct and product development issues an excellent opportunity for an experi- The Iowa Lawyer • Broad background in registered enced attorney with one to three years Code # ______securities products, insurance, experience in the area of workers’ com- 521 East Locust, Fl. 3 banking, investment advice and pensation. Salary and benefits will be Des Moines, IA 50309-1939. qualified plans commensurate with experience and pro- • Complex project development, duction. Excellent opportunity for the COMMERCIAL ADVERTISERS: Contact compliance and regulatory training right candidate. To apply, send resume, Shannon Espenscheid 515-753-1229 or David experience references and a cover letter to Patrick L. Larson 515-987-1359, Dave Larson Enterprises • Experience providing advice to Sealey, Heidman, Redmond, Fredregill, support sales/marketing activities Patterson, Plaza, Dykstra & Prahl, L.L.P., • Must have or attain NASD Series 7, 701 Pierce Street, Suite 200, Sioux City, 24 within six months of employment, Iowa 51101. No phone inquiries please. Positions Available Series 63 and 65 within one year An Equal Opportunity Employer. (900) of employment BRADLEY & RILEY PC, an AV-rated ATTORNEY POSITION: Established, 25-lawyer firm with offices in Cedar We offer a competitive total compensa- multi-attorney law firm in Ankeny seeks Rapids and West Des Moines, seeks litiga- tion package along with a comprehensive established attorney to join busy general tion associate with at least two years of benefits program. Send your resume and practice as lateral transfer partner or under experience. Experience in general civil lit- cover letter to: office share arrangement. Apply in confi- igation and/or employment litigation pre- The Principal Financial Group dence by sending resume and cover letter ferred. Send cover letter and resume to HR Employment - 10661 to: The Iowa Lawyer, Code 777, 521 East Vernon P. Squires, Bradley & Riley PC, Des Moines, IA 50392-0550 Locust Street, Floor 3, Des Moines, IA P.O. Box 2804, Cedar Rapids, Iowa Fax: 515-247-5874 or 50309-1939. (900) 524096-2804 (900) 800-388-4740 EEO/AA Employer PROBATE, trust and tax attorney. 2-per- FAMILY LAW ATTORNEY: Medium www.principal.com son estate planning, probate and income sized Cedar Rapids law firm seeks an attor- tax practice in Fairmont, Minnesota ney with two years or more of experience ATTORNEY: sought with short-time (population 11,500), with long-term farm in family law for an associate position. expectation to succeed retirement-near- clients. Five years experience required. Send resume, description of legal work ing general practitioner with offices in Partnership within one to three years. experience and salary requirements to Des Moines and West Des Moines. Send resume and law school transcript to Timothy S. White, White & Johnson Twenty-year practice, with solid referral, Krahmer & Shaffer, Ltd., 717 S State P.C., P.O. Box 5878, Cedar Rapids, Iowa repeat, and advertising bases to assume Street, Ste. 100, Fairmont, MN 56031. 52406-5878, or email to and build on. Contract buyout agree- [email protected]. Your information will ment, with present owner remaining tran- be held in strictest confidence. (900) sitionally in non-administrative, rainmak- ing “of counsel” capacity. Fax inquires to (515) 225-8668

26 July 2000 SIOUX CITY AV-RATED firm seeks SHEPARD’S, PART OF LEXIS PUB- ATTORNEY POSITION: Des Moines established attorney to join active com- LISHING, seeks Legal Editors located in Firm seeks an experienced attorney in the mercial, real estate, probate and civil liti- Colorado Springs, CO to review opinions areas of tax, business and commercial law. gation practice. Reply to Code 790, The and create case summaries for the LEXIS Candidate should have 8+ years experi- Iowa Lawyer, 521 East Locust Street, Fl. 3, online service. Requires: J.D.; excellent ence. Please submit letter and resume to Des Moines, Iowa 50309-1939 (900) analytical and writing skills; MS Office Brenda Westvold, Bradshaw, Fowler, experience. Salary $35,000, complimented Proctor & Fairgrave, P.C., 801 Grand, ASSOCIATE ATTORNEY: Stanley, with and outstanding benefits package and Suite 3700, Des Moines, Iowa 50309. Lande & Hunter has an immediate open- 40-hour workweek. Send resume and (800) ing for a tax and estate planning attorney writing sample (10 pages or less) to Laurie with three to six years experience. We are Cohn, 555 Middle Creek Pkwy, Colorado WRIGHT COUNTY has an immediate looking for a highly motivated individual Springs, CO 80921; Fax (719) 488-7101. opening for an assistant county attorney. with distinguished academic credentials, The position requires a motivated, orga- exceptional legal analysis and writing abil- DES MOINES AV-RATED law firm nized candidate and involves prosecution ity, outstanding interpersonal skills, and seeks established attorney to join busy gen- of simple and indictable misdemeanor Iowa or Illinois licenses. A successful can- eral practice. Please send resume in confi- cases and some civil work. Trial experience didate can expect high levels of interac- dence to Code 623, The Iowa Lawyer, 521 a plus, but not required. Excellent salary, tion among firm members of our East Locust Street, Floor 3, Des Moines, medical, dental, cafeteria plan and other Davenport and Muscatine offices and with IA 50309-1939 (800) benefits. Includes associate position with clients. All replies will be held in strict well established firm and an opportunity confidence. Please send resume, transcript, for additional income. Send cover letter, writing sample, and references to Joan U. COMMERCIAL ATTORNEY: A 60- resume and writing sample to Michael E. Axel, Stanley, Lande & Hunter, 301 Iowa year-old Des Moines-based AV-rated law Houser, Wright County Attorney, P.O. Avenue, Suite 400, Muscatine, IA 52761 firm is seeking an attorney to work primar- Box 247, Belmond, Iowa 50421, no later 319-264-5000; facsimile - 319-263-8775; ily in the firm’s business and commercial than June 15, 2000. EOE (800) website - www.slhlaw.com (900) law practices. An applicant must be a graduate of an accredited law school, a STAFF ATTORNEY POSITION: SOUTH CENTRAL MINNESOTA member in good standing of the State of Northeast Iowa. AG SERVICES OF law firm, Wollschlager, Tow & Welder, Iowa bar, and have at least five years of AMERICA, INC., an agriculture finance P.A., seeks an associate attorney to work in experience. Reply in confidence to The and supply company, listed on both a general practice with emphasis on family Iowa Lawyer, Code 659, 521 East Locust Business Week’s top 100 “Hot Growth law and criminal defense. Must be positive Street, Des Moines, Iowa 50309-1939. Companies” and Forbes “200 Best Small self-starter with excellent writing and (800) Companies”, has an immediate opening research skills; experience in personal ASSOCIATE POSITION: Growing with its Legal Department in Cedar Falls. injury or insurance a plus. Salary commen- firm with offices in West Central Iowa and Candidate needs to possess a J.D. degree surate with experience. Resume to Des Moines area is seeking an associate. from an accredited law school and be Wollschlager, Tow & Welder, P.A., 105 Experience of 3 – 5 years preferred but licensed to practice in Iowa or another South State Street, Fairmont, Minnesota would consider graduate with appropriate Midwestern state. Experience in the areas 56031 (900) education emphasis. Areas of practice: lit- of commercial litigation, Uniform igation, tax, probate, estate planning, per- Commercial Code/secured transactions, ASSOCIATE WANTED: Established sonal injury and workers’ compensation, debtor/creditor rights, lien enforcement, sole practitioner in a north central Iowa real estate. Experience in some or all areas and bankruptcy is preferred. Additionally, county seat town is in need of an associate helpful. Prefer individual with small com- a preferred candidate will have a general to fill vacancy left by longtime partner munity or agricultural background. All background in agriculture and familiarity now on the bench. 0-5 years experience. inquiries kept confidential. Send resume with federal farm programs, federal crop Litigation experience in practice or and letter of introduction to Recruiting insurance and real estate matters. Duties internship helpful. Please send resume in Attorney at Code 678, The Iowa Lawyer, will include litigation of cases involving confidence to Code 747, The Iowa 521 East Locust Street, Floor 3, Des primarily enforcement of security interests Lawyer, 521 East Locust Street, Floor 3, Moines, Iowa 50309-1939 (800) both in Iowa and other states, oversight of Des Moines, IA 50309-1939. (900) outside counsel, document review and draft- IOWA GREAT LAKES region estab- ing. Some limited travel may be required. ATTORNEY JOBS: The nation’s #1 job lished county seat small firm seeks an Competitive salary and full benefits hunting bulletin for attorneys is now attorney to join our practice. New and including 401(K), health insurance, stock exclusively online at: experienced lawyers will be considered. purchase plan and options, and CLE assis- AttorneyJobsOnline.com. Subscribe Flexibility in practice areas and in meeting tance. Please send resume and writing sam- online or call us on 1-800/296-9611. career goals is offered. This position offers ple to: Ag Services of America, Inc., Extensive website provides thousands of immediate opportunities and equity Human Resources Department, P.O. Box attorney and law-related jobs nationwide potential in high-quality-of-life communi- 668, Cedar Falls, Iowa, 50613, or visit our and abroad at all levels of experience in ty. Above average law school performance employment opportunities page within our public (federal, state, and local), private or demonstrated competence in the prac- website at www.agservices.com. EOE. and nonprofit sectors, plus legal career tice of law is required. Please respond to transition advice and information in our Donald J. Hemphill, Hemphill Law Firm, content-rich Legal Career Center. Quality P.O. Box 1475, Spencer, Iowa 51301- Counts. Sponsored by West Group. 1475. (800)

July 2000 27 LAW OFFICE FOR SALE: I have left Experts Positions Desired private practice and my general practice in Grimes, Iowa, is for sale. Grimes is a LEGALWORKS GUIDELINES FOR growing community just a conversation to IOWA. IBM Windows Compatible/Windows EXPERT WITNESS – MANUFAC- the northeast of Des Moines and, without version. Calculates child support pursuant to TURING, PACKAGING, ENGI- me, will be without a full time attorney. Iowa child support guidelines worksheet and NEERING. Product liability covering: My office is set up and ready to go. The client’s financial affidavit. Call (888) 282- pharmaceutical, foods, medical devices building is 800 square feet, leased with 5291 for pricing and delivery information. and industrial products, product/package option to purchase. Currently configured Satisfaction guaranteed. LegalWorks Software, design and development, federal agen- for one attorney, conference room, secre- P.O. Box 22127, Des Moines, IA 50325. cies, policies and standards, environ- tary/receptionist, kitchen, two bathrooms, mental hazards. CONATECH CON- FORMER LAW REVIEW EDITOR and client area. Ample space for two SULTING GROUP, INC., 287 N. attorneys, conference room, and staff if Lindbergh Blvd. Suite-208, Creve and judicial clerk seeks position as attor- ney. Interested in general practice and remodeled. Furniture includes desks, cre- Coeur, MO 63141-7849. Telephone denzas, hutches, chairs, and filing cabi- (314) 995-9767, fax (314) 995-9766. immigration law, but open to other areas. Knowledgeable in criminal law and leg- nets. Networked for three computers, (3) E-Mail: [email protected] 4-line phones, laser printer, copy machine Site: www.conatech.com islative process from recent work as staff counsel to the Iowa Sentencing with document feed and collate, fax, lim- ited library, and stocked with office sup- DEVELOPMENTAL DISABILITIES: Commission. Excellent writing skills and interpersonal abilities. Hard worker and plies. Keep my office phone number Expert testimony provided related to which is advertised and generating calls. I administration of programs for mental enjoyable to work with. Licensed in Iowa, Missouri and Minnesota. Please call Eric J. live in Grimes and am willing to enter retardation, developmental disabilities, into an “of counsel” agreement to facili- mental health or special education. Sponheim, 515-255-7562, or e-mail [email protected] (900) tate transfer. How much for this awesome Particular emphasis placed on propriety of and exciting opportunity? $10,000 with policies, procedures and individual treat- negotiable payment terms. If you have ment in public or private residential facil- ever wanted to get out on your own, now ities, community living settings and pub- Office Space Available is the time! Cynthia Letsch. Please call me lic school special education. William A. at 515-965-1339 ext.103 or 515-556-3579. Lybarger, Ph.D., 316-221-6415. DOWNTOWN OFFICE SHARING: One to three offices for sublease in newly (900) remodeled downtown law office. Includes REAL ESTATE AND BUILDING two conference rooms, receptionist, full Miscellaneous CONSTRUCTION EXPERT: law library (including Westlaw), copier, Architect available to assist in case prepa- fax, 10-base-T network, network printer, NOTICE - MEDICAID LIEN: The ration, depositions and court testimony offsite data backup, long-distance account Iowa Department of Human Services has for plaintiff or defense attorneys. Areas code call tracking, and all utilities. One a lien against the recovery recipients of expertise include: real estate partner- block from Polk County Courthouse. Call obtained from third party tort-feasors ships, real estate finance, real estate 515-282-2080. (900) pursuant to Iowa Code 249A.6. investments, land economics, architec- Questions? Call CONSULTEC, INC., DES MOINES LAW OFFICE space ture, building design, value engineering, Rocco Russo, 1-515-327-0950 ext. 1114. available for one attorney in a law office cost evaluation, construction manage- suite with eight attorneys at The Plaza, ment and construction scheduling. NOTICE TO ATTORNEYS: Estate 300 Walnut Street, Des Moines, Iowa. Specialist in preparation of computer- Recovery Program. Iowa Code section Includes secretary, receptionist, library, generated charts, graphs, scale drawings 249A.5(2)f(2) provides that medical assis- conference room, reception area and and models. Professional experience in tance recipients, age 55 and older, shall kitchen, with use of copier and fax 32 states. Résumé and references avail- reimburse the state for Title XIX benefits machines. All inquiries confidential. able upon request. John G. Kujac, 15561 received. Title XIX funds the Medicaid, Phone 515-244-7820. (800) NW Madrid Dr., Madrid, IA 50156. Medically Needy, and Elderly Waiver pro- (515)795-4001 or fax (515) 795-3049. DES MOINES LAW OFFICE: grams. A medical assistance claim for Furnished office space available for one reimbursement is a priority claim, Iowa PRIVATE POLYGRAPH EXAMINER attorney in office suite with one other Code section 633.425. Iowa Code section • SEX ABUSE. When the truth mat- attorney in the Equitable Building at 604 249A.5(2)f(2) provides that the personal ters. Specializing in alleged sex abuse Locust in Des Moines. Includes secre- representative or executor of the estate of cases. Dean L. Van Langen, A.C.P., tary/receptionist, conference room and the recipient may be personally liable for American Polygraph Association mem- kitchen. All inquiries confidential. Phone the claim to the extent of the recipients ber, 25 years of dedicated service to attor- 515-282-0230. (900) assets at the time of death, if such assets neys. Resumé and references available were not used to pay the medical assis- upon request. Please call for gratis consul- DES MOINES, Small and large office tance debt. For further information con- tation: 1-800-383-8012 or (515) 838- space available in historic Drake tact: Ben Chatman; Estate Recovery 0000. V. L. Polygraph Service, Stratford, Firehouse No.11 across from Drake Legal Program; 200 Tenth Street, Fifth Floor; Iowa 50249. Clinic. Access available to conference Des Moines, IA 50309-3609; telephone room, facsimile, copier and telephone sys- (515) 246-9841; fax(515)243-5941; tem. Contact Dennis at 515-255-1444. http://www.iowa-estates.com E-Mail: (900) [email protected]

28 July 2000 NOTICE CRIME VICTIM COMPEN- WAS YOUR CLIENT INJURED OR SATION SUBROGATION. Do you rep- ARRESTED IN LAS VEGAS? Call Law Books Wanted Craig P. Kenny & Associates. A Law resent a client who has received medical ATTORNEY WANTS TO BUY these Firm Committed to the Client. Call Craig benefits, lost wages, loss of support, counsel- law books – Iowa Digest, Iowa Rules of 1-888-275-3369 or WWW.CPKLAW.COM ing or funeral and burial assistance from the Civil Procedure, Iowa Code Annotated, Crime Victim Compensation Program of N.W. Reporter, and N.W. 2nd. Immediate the attorney general’s office? When your need. Please call Mark Beckman at client applied for compensation benefits, a Litigation Support Services 319-588-4088. (800) subrogation agreement was signed pursuant to Iowa Code section 912.12 (1995). The MEDICAL RECORDS REVIEW attorney who is suing on behalf of a crime SERVICE, INC. (We know medicine. Practice For Sale victim should give notice to the Crime You know the law.) MRRS, Inc. will per- Victim Compensation Program upon filing form objective and confidential review of FOR SALE: General legal practice, a claim on behalf of the recipient. The the pathophysiological process. References established in 1937, located in small, pro- Crime Victim Compensation Program will obtained will define the documented gressive, west central Iowa town. Includes pay a pro rated share of the expenses medical issues. MRRS, Inc. will provide modern, equipped office building. Will incurred in obtaining a judgment or verdict. application of medical concepts to inter- safe and files will remain on premises. Questions? Contact Julie Swanston, MBA rogatories; at deposition and trial allowing Cash preferred; contract considered. compensation administrator, Crime Victim “on the spot” scrutiny of medical testimo- Length of time principals remain in prac- Assistance Division, (515) 281-5044. ny. MRRS, Inc., 1420 Woodland Ave., tice is negotiable. For more information, Suite 1, Des Moines, IA 50309-3204; tele- write The Iowa Lawyer, Code 603, 521 MEDIATOR TRAINING phone (515) 244-6777; fax (515) 244-1131; East Locust Street, Des Moines, Iowa THE AMERICAN ACADEMY OF email [email protected]. 50309-1939 (800) ADR ATTORNEYS: The American Academy of ADR Attorneys is now CASE-SPECIFIC MEDICAL AND PSY- accepting registrations for its 40 hour pri- CHOLOGICAL RESEARCH-Combine mary class. DATE: September 12-16, 2000 the strength of medical records analysis Vacation Rental LOCATION: Drake Legal Clinic, Des with the power of the learned treatise. We Moines, IA TIME: 8:00 a.m. to 5:00 p.m., establish the facts of your case and scruti- BOCA GRANDE CONDOMINIUM each day INSTRUCTOR: Richard M. nize the opposing side’s claims by integrat- for rent. At water’s edge overlooking Gulf Calkins. The course provides 40 hours ing tenacious research with cutting-edge of Mexico. Two bedrooms, two baths, full CLE credit plus 2 hours of ethics. For technology. MedLaw Forensic Research kitchen, dining, living rooms with all fur- information concerning the Academy or Specialists. Email: [email protected]: nishings and house wares, complete laun- the course, write or call: The American P.O. Box 1503; Waterloo, IA 50704; dry. $650/week off-season to $1,700/week Academy of ADR Attorneys 801 Grand (319) 235-0085 or (800) 841-6654 season, net of owner’s discount. Yale Avenue, Suite 3140 Des Moines, IA Kramer 515-281-9237 (800) 50309 Ph: (515) 283-0331 Fax: (515) 283-0702 Personals FINANCIAL PLANNING ARE YOU CONCERNED about what Great opportunity to market financial someone’s drinking or drug use is doing to products and services to business owners, his or her law practice? To his or her fam- individuals and professionals through a fee ily? Call the confidential and anonymous NOTICE based financial planning approach. Iowa Lawyers Assistance Program - Hugh Extensive training, substantial benefits UNAUTHORIZED Grady (800) 243-1533. Des Moines 277- PRACTICE OF LAW AND package and compensation agreements 3817. (800) offered to executives who can handle ETHICAL VIOLATIONS challenges and can feel comfortable with For information and the filing of success. Six figure incomes or possible, Publications complaints, contact: with unlimited earning potential. College THE LAWBOOK EXCHANGE, LTD. We degree is required. Select opening in the Donald J. Porth, Chair buy, sell and appraise all major lawbooks-state Commission on Unauthorized Des Moines area. Send resume to: Duane and federal. Also antiquarian and scholarly Charles, 3001 Westown Parkway, Ste. and reprints of legal classics. Catalogues Practice of Law 100, West Des Moines, IA 50266 or fax issued in print and online. MasterCard, Visa, 524 North Main Street 515-225-7446. Visit our website: P.O. Box 1339 AmEx. (800)422-6686; fax: (908) 686-3098; Burlington, Iowa 52601 www.axa-advisors.com www.lawbookexc.com. Noreman Bastemeyer EXAMINER OF QUESTIONED Ethics Administrator HANDWRITING, 30 years of experi- The Iowa Supreme Court ence, qualified in state and federal courts C/O The Iowa State Bar since 1972, résumé available upon Association Office request. Richard D. Mould; 130 East 521 East Locust Street, Floor 3 Rose; Des Moines 50315-7747; (515) Des Moines, Iowa 50309-1939 288-5881.

July 2000 29 Grand Prize Winner

JENNIFER L. VERGILLI of the Nyemaster Law Firm in Des Moines wins the grand prize drawing of a trip to the South of France at the 127th Annual Meeting! She is con- gratulated by Miki McGovern, co-chair of the Annual Meeting Committee with Lu Ann White, and immediate past President Jay Eaton.

Is tort liability your area of interest? Visit your ISBA website http://www.iowabar.org

Three substantive changes in tort liability were considered in the last Iowa Legislature but did not result in new legislation. Keith C. Miller, Ellis and Nelle Levitt Distinguished Professor at Drake University Law School, examines them in detail. These issues could reappear next year and his evaluation is incisive. Professor Miller dissects proposed laws that would have granted immunity to product sellers if a prod- uct has been misused, changed rules governing admissibility of expert testimony and adopted limit- ed aspects of “Daubert” while overturning Leaf v. Goodyear Tire, and allowed admission into evidence in tort cases that a seatbelt was not used.

30 July 2000 Operation Stay in Iowa coming to Drake in September By Tom Crabb, YLD Membership Chair Operation In the interest of encouraging law willingness to assist us in assuring the students to stay in Iowa to practice – cream of Iowa’s homegrown crop of new Stay in as well as helping Iowa employers attract attorneys finds fulfilling work at home. the best and brightest from the Drake Questions? Contact Co-Chairs Beth University Law School – The Iowa State Grob at [email protected] or Iowa Bar Association Young Lawyers Division 515-246-0305, or Thomas G. Crabb at Membership Committee and the Drake [email protected] or 515-288-6118. Law School Career Services Office are holding a special one day event September 7. The event for Drake students is pat- terned closely after the successful inaugu- ration of the program at the University of Iowa College of Law held in February of this year. We are planning on having discussion panels at the Hotel Savery, hoping to increase student participation, followed by a cash bar with a reception and recruiting time, and then followed with a banquet. We have invited Governor Tom Vilsack to keynote the event, as he did in Iowa City. The three scheduled panels are –

CAREER OPPORTUNITIES – big/small/solo, state/local government, corporate

QUALITY OF WORK TO BE EXPECTED – meaningful cases early, not just discovery

LIFE OUTSIDE OF WORK OPPORTUNITIES – civic/ recreational/other business

We are hoping to fund this get-togeth- er by selling banquet tables to law firms. Participating firms will seat several of their attorneys at their tables and host several students. We have found this effective in introducing the firms to the students while learning how students are facing their prospective careers in Iowa or elsewhere, and learning what it takes to interest them to stay here. Note the date on your calendar and plan to attend. Watch for further announcements with more details on how to secure tables and indicate your

July 2000 31