37678_IL 8/4/08 10:31 PM Page 1

THE Volume 68 Number 8 August 2008 IOWAIOWA LAWYERLAWYER FacesFaces ofof thethe 20082008 AnnualAnnual MeetingMeeting

ALSO IN THIS ISSUE – BOG authorizes disaster task force – Meet ISBA’s new vice president – Graves receives association’s top award – Foundation board approves grants 37678_IL 8/4/08 10:31 PM Page 2

David Baker (top photo) takes the oath of office as the 107th justice of the from Governor Chet Culver during his investiture ceremony on June 20. Observing in the background are Justice Brent Appel (left) and Justice David Wiggins. Justice Baker’s daughters, Elizabeth and Catherine, help their father don his robe (right photo) during the ceremony. Born in 1952 and raised in Waterloo, Justice Baker received his B.A. degree in Sociology from the University of Iowa in 1975 and his J.D. with high honors from U of I in 1979. He practiced law in Cedar Rapids from 1979 to January 2005 when he was appointed to the district court bench by Governor . He served as a district court judge for nearly two years until he was appointed to the Iowa Court of Appeals in November 2006. During his legal career, Justice Baker has served on numerous ISBA and Linn County Bar Association committees, including as a member of the board of governors for the ISBA.

Correction A photo caption on page 14 of the July 2008 Iowa Lawyer under-reported the severity of the Cedar Rapids flood. The caption said the Cedar River crested eight feet above flood stage. In reality, it crested 19 feet above flood stage — 11 feet higher than any previous crest and eight feet above the projected crest around noon on June 11. Our thanks to Senator Rob Hogg of Cedar Rapids for catching this downplay of a disaster that displaced hundreds of attorneys.

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ABOUT THE COVER CONTENTS THE The annual meeting is the highlight of IOWA LAWYER The Iowa State Bar Association’s year. Justice Baker investiture (photos and caption) ...... 2 Volume 68 Number 8 August 2008 Traditionally held in the third week of June, Correction on Cedar River flood levels ...... 2 Published at 625 East Court there was some concern whether the 2008 President’s Letter: Actions taken Des Moines, Iowa 50309 meeting would have to be postponed or to help colleagues – Moore ...... 4 Steve Boeckman, Editor canceled altogether because of the flooding 515-697-7869 Annual meeting receives high marks ...... 6 in many parts of the state. Fortunately, the President’s Awards Banquet honors contributors ...... 9 skies dried up and the river waters went down enough to pull off the meeting as Admission on Motion ...... 11 scheduled. Highlights from this year’s events Behnaz Soulati receives Rollie Grefe award ...... 12 included (photos clockwise from top): A ISBA Award of Merit goes to Bruce Graves ...... 13 surprised but very pleased Dwight Dinkla, THE IOWA STATE BAR ASSOCIATION BOG authorizes assistance OFFICERS 2008-2009 ISBA executive director, who received the to flood-affected attorneys ...... 14 president’s award from President Joel Greer President, Dan Moore Questions and answers about changes in bar exam ....16 President-Elect, Jane Lorentzen (right) while President-Elect Dan Moore Letter to the editor – Sens ...... 17 Vice President, Frank Carroll applauds; the happy faces of Bridget Penick, Pie in the face generates Immediate Past President, Joel Greer Jeana Goosmann and Chris Keenan during Executive Director, Dwight Dinkla $1,000+ for flood relief – DeLange ...... 18 the YLD luau on Thursday evening; two THE IOWA LAWYER former presidents — Alan Fredregill (left) ISBA disaster task force seeking $$ for attorneys ...... 19 (ISSN 1052-5327) is published monthly by The Iowa State Bar Association, 625 East Court, Des Moines, Iowa 50309. and Joe Holland — sharing fond memories Foundation board approves two grants...... 20 Subscription included in membership fee. Non-members, during the President’s Awards Banquet on After four years, U of I finally $30 per year. Periodicals postage paid at Des Moines, Iowa. Tuesday night; “where are you going with claims Dean’s Cup – Kenyon...... 21 Postmaster: Send address changes to The Iowa Lawyer, 625 East Court, Des Moines, IA 50309. that?!” questioning look on John Transitions...... 22 The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave., McClintock’s face (right) as H. Richard Kudos...... 22 Des Moines, IA 50322. Telephone (515) 270-0402. Smith regales the crowd with a funny story I.O.W.A. honors Luzzie with Art Director: Melissa Thompson during the THE Volume 68 Number 8 August 2008 Arabella Mansfield Award...... 23 Classified Advertising 50-Year- Qualifying ISBA members – 2 months free; $75 thereafter IOWA LAWYER Thanks to these vendors at the annual meeting ...... 24 Non-members – $110 for 100 words per insertion. Member Faces of the 2008 Annual Meeting See classified section for details. Luncheon YLD President’s Letter – McDermott...... 25 For Display Advertising Rates at noon Classified Ads...... 26 Contact David R. Larson (515) 440-2810; or write: The Iowa Lawyer, c/o Larson Enterprises, 909 50th St., on Friday. Addendum to 2007-08 Annual Report – Lipps ...... 28 West Des Moines, IA 50265. Read more Meet Frank Carroll, ISBA’s new Communicating with The Iowa Lawyer online: about the vice president – Boeckman...... 29 Send your comments and Letters to the Editor to annual [email protected]. Please include your daytime phone Around the Bar number should we need to contact you with an answer or for meeting and verification. Executive Director Dwight Dinkla’s electronic view more Judge Eisenhauer receives mail address is [email protected]. Assistant Executive IJA Award of Merit ...... 20 Director Harry Shipley’s address is [email protected]. ALSO IN THIS ISSUE photos – BOG authorizes disaster task force – Meet ISBA’s new vice president Rule change affects lawyer trust – Graves receives association’s top award starting on – Foundation board approves grants page 6. accounts at credit unions ...... 23 Iowa State Bar Association Board of Governors OFFICERS: DISTRICT 3B DISTRICT 7 Dan Moore, President Patrick Murphy LeMars 712-546-8844 Alan Bohanan Iowa City 319-351-5335 Sioux City 712-252-0020 Barb Orzechowski Sioux City 712-252-1866 Jerry Van Scoy Clinton 563-242-2827 Jane Lorentzen, President-Elect Cynthia Moser Sioux City 712-255-8838 Robert Waterman Davenport 563-324-3246 Des Moines 515-244-0111 DISTRICT 4 DISTRICT 8A Frank Carroll, Vice President Dean Jennings Council Bluffs 712-256-1400 Richard Gaumer Ottumwa 641-682-7579 Des Moines 515-288-2500 Alan Anderson Logan 712-644-2485 John Morrissey Fairfield 641-472-3144 Dwight Dinkla, Secretary DISTRICT 5A DISTRICT 8B Des Moines 515-697-7867 John Powell Perry 515-465-4641 Artemio(Mio)Santiago Fort Madison 319-372-7774 Joel Greer, Immediate Past President Marshalltown 641-752-5467 DISTRICT 5B IOWA JUDGES ASSOCIATION REPRESENTATIVE: Arnold (Skip) Kenyon Creston 641-782-7007 Honorable Nancy Baumgartner DISTRICT 1A Immediate Past President I.J.A. Brendan Quann Dubuque 563-557-8400 DISTRICT 5C William Werger Manchester 563-927-5920 Guy Cook Des Moines 515-245-4300 LEGISLATIVE COUNSEL: Connie Diekema Des Moines 515-288-0145 James Carney Des Moines 515-282-6803 DISTRICT 1B Susan Ekstrom Des Moines 515-243-6395 David Roth Waterloo 319-233-6163 ABA DELEGATES: Emily Gould Chafa Des Moines 515-243-2980 Timothy Sweet Reinbeck 319-345-6496 David L. Brown Des Moines 515-244-2141 X1642 Alan Olson Des Moines 515-271-9100 DISTRICT 2A Mark Godwin Des Moines 515-283-4130 Diane Kutzko Cedar Rapids 319-365-9461 Philip Garland Garner 641-923-3792 Mark Hansing Des Moines 515-288-3667 YLD OFFICERS: Karl Nelson Shell Rock 319-885-4346 Alice Helle Des Moines 515-242-2400 Matthew McDermott, President DISTRICT 2B Edward Johnson Des Moines 515-246-5835 Des Moines 515-283-4643 Thomas Cahill Nevada 515-382-6571 Eric Turner West Des Moines 515-245-9509 Jeana Goosmann, President-Elect Tito Trevino Fort Dodge 515-955-2266 Lu Ann White Des Moines 515-244-0177 Sioux City 712-255-8838 Lynn Wiese Iowa Falls 641-648-4261 DISTRICT 6 Eric Bidwell, Secretary DISTRICT 3A Nancy Burk Toledo 641-484-2394 Marshalltown 641-752-7757 Joseph Feller Sibley 712-754-4654 Dean Einck Cedar Rapids 319-365-9461 Bridget Penick, Immediate Past President William Klinker Primghar 712-957-5465 Robert Hatala Cedar Rapids 319-364-0171 Des Moines 515-246-4545 Randall Rings Cedar Rapids 319-573-7627 Leon Spies Iowa City 319-337-4193 37678_IL 8/4/08 10:31 PM Page 4

The President’s Letter – Dan Moore Actions being taken to help disaster-stricken colleagues

Imagine, for a moment, this picture: On June 26, I drove to Cedar Rapids to while seminar. I want to take this opportu- You look around your law office and witness first hand the devastation of hun- nity to share with you what I presented on embrace the surroundings — client files, dreds of properties, including many law behalf of all of our ISBA members. business files, computers, books and pub- offices, caused by one of the worst flooding lications, your favorite desk, side chairs crisis the area has seen in decades. I then Thank you for your understanding, or bookcase, your awards, certificates, attended the all-day Annual Meeting and patience and support of The Iowa State Certificate of Admission to practice law in Flood Recovery Seminar of the Linn “Bar Association, during these very trying, the State of Iowa, your keepsakes, momen- County Bar Association. stressful and extremely challenging times. tos, collectibles and family and friends’ The decision to continue with the Bar’s There was an excellent panel discussion photos. You turn out the lights to go Annual Meeting last week was a most diffi- in the morning. Louisiana lawyers home not realizing that everything you cult one as you, our colleagues and friends, Leopold Sher, James Garner and Elwood hold near and dear to your heart will be were truly suffering with the most devastat- Cahill (Louisiana Bar Foundation immedi- gone in the morning. A total destruction ing effects of these natural disasters. We ate past president) from the New Orleans of your law office, all beyond your control. held many moments of silence during that law firm of Sher, Garner, Cahill, Richter, week as we remembered you and the dev- Our friends and colleagues are carry- Klein & Hilbert, LLC had flown in to astation of your legal communities. ing heavy burdens during these natural address topics of interest to the gathered Now is the time to pull together, act disaster crises. attorneys. Those topics included: court together and take the necessary steps to issues for pending cases; employee and Many past presidents warned me to be re-establish your law offices, albeit on a personnel issues; setting up a temporary prepared for the unexpected during my temporary basis. office, dealing with disaster issues and term as president. But I never in my The Iowa State Bar Association, your keeping a firm together; real estate issues wildest dreams thought the bar association Board of Governors and your executive created by the disaster; insurance issues, would be dealing with such devastating director, assistant executive director and particularly business interruption to law losses incurred by our colleagues due to staff are giving your recovery efforts top firms; and their personal experiences and the recent natural disasters. Several Iowa priority. We will do everything within our what they learned. lawyers’ offices were flooded seriously power and ability to accomplish this most enough that they face clean up, file recla- These very learned lawyers told of their difficult task. mation and furniture, technology and personal experiences of the devastation Please remember: equipment replacement costs. caused by Katrina. Their personal testi- There is hope — not despair. monies were quite revealing with respect to There is help — you’re not alone. Entire offices were wiped out due to the the far-reaching effects such natural disas- There is healing — even though the tornadoes or the flooding. Damages range ters will have on loved ones. flooding has filled our hearts with pain, from total destruction of everything to suffering and a heaviness like no other. temporary displacement because of loss of I was invited to make some brief remarks I encourage you to submit your story or electrical power in their office buildings. to our colleagues attending this worth- an article for the Iowa Lawyer addressing the experience, strength and hope you’ve felt yourself, or observed others feeling, in This bookcase and the books on it this time of crisis. in the Johnston & Nathanson PLC Here are some of the action steps your library/conference room in Cedar Bar Association has initiated under the Rapids were totally destroyed by leadership of governors such as Jim Craig, the flood waters. Bob Hatala, Randy Rings, Dean Einck and Leon Spies: 1. Approved a resolution at its June quarterly meeting: • Authorizing me to establish a special task force to assist those lawyers who have been affected by the recent torna- does and floods. (The following mem- bers have agreed to serve: Dan Moore, ISBA president; Jane Lorentzen, ISBA president-elect; Frank Carroll, ISBA vice- president; Dwight Dinkla, ISBA execu- tive director; Matt McDermott, ISBA 4 THE IOWA LAWYER August 2008 37678_IL 8/4/08 10:33 PM Page 5

YLD president; Lu Ann White, Des Moines; Jim Craig, Cedar Rapids; Tom Wertz, Cedar Rapids; Mary Chicchelly, Cedar Rapids; Darin Luneckas, Cedar Rapids; Bob Hatala, Cedar Rapids; Joel Greer, ISBA imme- diate past-president; Hugh Grady, director ILAP; Tracy Deutmeyer, ABA YLD representative; Diane Kutzko, Cedar Rapids; Brett Toresdahl, direc- tor ISBA PSP; Harry Shipley, ISBA assistant executive director.) • Authorizing the establishment of a disaster relief fund with the approval of The Iowa State Bar Foundation, to accept monetary contributions offered by other state bar associations and indi- This is what is left of Henry Nathanson’s office after sustaining an estimated six to eight feet of water. Most viduals. (The Legal Community Relief everything in the office was destroyed, except for the two hats on the rack. Fund administered by the ISBA has been established under the Iowa State Bar Foundation, a 501 (c)(3) organiza- 6. Established a free Disaster Legal Services You all remain in our thoughts and tion, to accept these donations.) Hotline to provide legal services to the prayers. citizens of Iowa who are affected by Thank you for giving me the opportu- • Encouraging all lawyers to extend these disasters. Hotline #877-775-8882. civility and professionalism to those nity to serve as your 122nd President. lawyers affected by these disasters. Sent an e-mail to the ABA Bar Services Division, to NABE (National Association of 2. Issued Ethics Opinion 08-03 regarding Bar Executives) and to NCBP (National Damage File Disposition from the Ethics Conference of Bar Presidents) to let our and Practice Guidelines Committee. colleagues in other states know of our 3. Created a disaster assistance website status and our needs. with a link on the ISBA homepage. One final comment: Natural disasters 4. Sent an e-mail to the entire bar associa- have a way of bringing legal communities tion notifying the members of this new together for support and encouragement. resource and informing them of the Partnerships form or are solidified. immediate need for office furniture This is the case with our friends and and conference room use. colleagues at The Iowa Trial Lawyers Association. In a recent e-mail sent to its 5. Posted a video of the Linn County Bar members, ITLA specifically pointed out Association’s flood recovery seminar the establishment of the ISBA task force. It on the ISBA website. is with these positive remarks and support of each other we build solid relationships. As ITLA Executive Director Brad Lint stat- ed so well in his e-mail: “Together we can make a big difference. Let’s do it.” Through the waters of the floods” and the rubble of the torna- does will come hope, help and healing. We all long for the return A woman begins the challenging task of cleaning up an office after the flood of the days when all is waters receded and workers were allowed back into their offices. right with the world. THE IOWA LAWYER August 2008 5 37678_IL 8/4/08 10:33 PM Page 6

ANNUAL MEETING Annual meeting receives high marks Despite the tornadoes and floods that incoming presidents. The devastated parts of the state in the weeks YLD luau was the division’s leading up to the ISBA’s Annual Meeting, social event preceding its June 17-20, the event came off pretty quarterly meeting on Friday. much without a hitch. In addition to the activi- This was the first year that some of the ties at the bar headquarters events were held at the bar headquarters. building, the Downtown In addition to the more serious events Des Moines Marriott was such as the quarterly Iowa State Bar the host site for the law Foundation meeting and the ISBA Board school luncheons on of Governors meetings, the newly renovat- Wednesday, the annual ed building served as host for a tailgate Foundation Fellows party on Wednesday evening, and a Breakfast on Thursday presidents’ reception and YLD luau morning, the President’s on Thursday evening. Luncheon Honoring the The tailgate party, hosted by Incoming Supreme Court at noon on President Dan Moore and the ISBA, pre- Thursday and the 50-Year- ceded a night at an Iowa Cubs baseball Member Luncheon at noon game for incoming and outgoing commit- on Friday. tee chairs and their families. The presi- Bill Scherle, treasurer of dents’ reception for all annual meeting the Iowa State Bar attendees was hosted by the ISBA and IJA Foundation, gave the Associate Justice Jess Dickinson of the Mississippi Supreme Court tells (Iowa Judges Association) outgoing and keynote address at the fel- a story about the importance of equal access to justice during the President's Luncheon Honoring the Supreme Court. Justice Dickinson lows breakfast. He provided urged the formation of an Equal Access to Justice Commission in Iowa. a status report on the Foundation’s activities and young white man had gotten a sentence outlined upcoming issues the of probation. The difference lie in the board is addressing. abilities of the lawyers each could afford. Associate Justice Jess Dickinson of the Due to some creative sentencing, which Mississippi Supreme Court gave a rousing required that the young man finish high address on the subject of equal access to school and get a job, his life turned justice at the Supreme Court luncheon. around. However, the difference in the He detailed the life of a young black man two cases stayed with justice Dickinson who came before him when he was a local and has made him a vocal advocate for judge. The young man was facing a 10-year equal access to justice. prison sentence for a minor armed rob- “I realized that it matters that you have bery charge. In a similar armed robbery a good lawyer,” he told the audience, and case, only for a significant larger amount, a urged the members to consider forming an

Young (and some not so young) lawyers enjoy kabobs and all of the trimmings at a Young Lawyers Division- sponsored luau in the parking lot of the bar headquarters building on Thursday evening of the annual meeting.

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ANNUAL MEETING

Bill Scherle, treasurer for the Iowa State Bar Foundation, delivers Diners at the tailgate party held in the parking lot of the ISBA headquarters building on the keynote address at the Foundation Fellows Breakfast Thursday Wednesday evening find convenient seats on the sandbags that surrounded the perimeter of morning. Bill updated the fellows on activities taking place in the building. ISBA staff and volunteers placed the sandbags the week before in anticipation the ISBF. of flooding from the Des Moines River a half mile to the south.

Access to Justice Commission in Iowa. class, in a duet performance that could have Attendees gave all of the activities high The luncheon also provided an opportu- been at home in a Comedy Central show. marks despite the weather challenges nity to recognize seven attorneys for their Of course, the centerpiece of the three- immediately preceding the event that exceptional pro bono work during the past day annual meeting were the CLE semi- caused some concern about whether it year. In addition, the 2008 state champion nars. Approximately 350 people attended could be held and to what degree. high school mock trial team (Robins) the sessions, which ranged from business received a special recognition. and commercial real estate, to military Forty eight young attorneys freshly admit- issues, to intellectual property, to law ted to practice law in Iowa started their practice management and ethics, to crim- careers in 1958. Twenty six of them made it inal law and family law. The sessions took to the 50-Year Member Luncheon during place over a full day and two half days. the annual meeting. In addition to honoring the 50-year members, the lunch- eon also provided an opportu- nity to honor two beginning attorneys. Christian Walk was tapped as the Outstanding Law Student at Law School. Samuel Paul Langholz received the honor from the University of Iowa College of Law. Two of the oldsters, John McClintock of Des Moines and H. Richard Smith, also of Several members of the ISBA staff who trans- Des Moines, regaled the audi- Newly installed ISBA President Dan Moore (center) serves himself a formed the parking lot of the bar headquarters ence with memories of things hamburger and some French fries during the tailgate party while other into a luau setting for the YLD luau event pause as they were 50 years ago, diners, including Court of Appeals Judge Larry Eisenhauer (center left), during the festivities. load up their plates. The tailgate party, which preceded an Iowa Cubs along with statistics about baseball game, was a thank you from Dan to the outgoing and incoming what happened to the ’58 committee and section chairs. THE IOWA LAWYER August 2008 7 37678_IL 8/4/08 10:33 PM Page 8

ANNUAL MEETING

Twenty six of the 48 members of the class of 1958 attended the 50-Year-Member Luncheon on Friday during the annual meeting. Pictured (front row, from left) are: Lawrence Scalise, West Des Moines; John McClintock, Des Moines; V. Keith Ferguson, Dayton; David McCann, Council Bluffs; and James Milani, Centerville. (Second row, from left) are: Charles Barlow, Brandon, So. Dak.; Thomas Senneff, Iowa City; and John Reuber, Mason City. (Third row, from left) are: Harold Winston, Iowa City; Lee Gaudineer, West Des Moines; Harlan Bainter, Salem; Joesph Straub, Whittemore; Socrates Pappajohn, Mason City; George Fagg, Johnston; H. Richard Smith, Des Moines; Edward Harvey, Creston; Harvey Allbee, Jr., Muscatine; and James Andreason, Algona. (Fourth row, from left) are: Harold Vietor, Des Moines; Lewis Jordan, Winterset; Arthur Neu, Carroll; William Sueppel, Iowa City; Robert Oberbillig, Des Moines; Donald Brown, Des Moines; Ronald Schechtman, Carroll; and Willard Boyd, Iowa City.

New members of the ISBA Board of Governors listen intently to a presentation by Elizabeth Derrico from the ABA during an orienta- tion session for new gov- ernors on Tuesday morn- ing of the annual meeting week. The session informed them of their duties and responsibilities as governors the day before they were seated on the board.

Business Valuations and Litigation Support

1707 High Street Des Moines, Iowa 50309 515-282-8019 1-866-787-8019 Fax 515-282-0325 www.bccadvisers.com Alan D. Ryerson Gregory L. Weber James D. Nalley CPA /ABV, ASA CPA /ABV, ASA CPA /ABV, CVA

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ANNUAL MEETING President’s Awards Banquet honors those who contribute to community, legal profession This year’s annual President’s Award • Ames attorney Timothy Gartin Banquet, held on Tuesday night, June 17, who received the Outstanding at the Center for Performing Arts in Section Chair Award for his downtown Des Moines, honored a num- work with the Real Estate and ber of members for their contributions Title Law Section. to The Iowa State Bar Association, the • District Court 5A Judge Paul legal profession and their communities. Husher, who received the Those honored included: Outstanding Committee Chair • Former ISBA President Bruce Graves Award for his work with the (2000-2001) who received the associa- Iowa Jury Instructions tion’s highest award — the Award of Committee. Merit. He was cited for his many contri- • Cedar Rapids attorney Janice butions, especially to the association, Kerkove, who received the including fathering the IOWADOCs Outstanding Legislative program, hosting a widely acclaimed Advocacy Award for the time domestic abuse symposium and working she spent working with legisla- tirelessly to raise money for the pur- tors on the Probate and Trust chase and renovation of the new bar Law initiatives on the 2008 ISBA headquarters building. Affirmative Legislative Program. • Behnaz Soulati from the Davis Brown • Council Bluffs attorney Rob New ISBA President Dan Moore outlines his goals for the Law Firm in Des Moines. She received Livingston, who received the association after his investiture ceremony at the end of the the Rolland Grefe Pro Bono Publico Young Lawyers Division Award President’s Awards Banquet. Dan is the 122nd president to Award for her work in championing the of Merit for his contributions to lead the organization. cause of individuals who were being the YLD, particularly the Bar taken advantage of but couldn’t afford an Review Committee. attorney. Born in 1969 in Iran, she was blinded her senior year of high school when a bomb from an Iraqi attack exploded outside her home.

Despite this incapacitating injury and a diagnosis of breast cancer in 2003 which x returned and metastasized in x 2005, she provided her servic- x es pro bono to benefit women x and the community. She died x

on June 9, eight days before the award was given. • ISBA Executive Director

Dwight Dinkla who received the President’s Award. He

was cited for his dedication to the officers and the Board of Governors in carrying out their duties, and for his devo- tion to making the associa- tion the best in the country for members.

President Joel Greer crams for his test as presider at the 2008 President’s Awards Banquet, while his little brother, J.P., helps keep the session light. THE IOWA LAWYER August 2008 9 37678_IL 8/4/08 10:33 PM Page 10

ANNUAL MEETING

Dennis Moore reads the oath of office as the public’s representative to his brother Dan (center) while Outgoing President Joel Greer looks on during the investiture cere- mony at the awards banquet. The investiture ceremony consists of three oaths — the court, the bar and the public — the three constituencies that the Iowa bar serves.

Mediations & Arbitrations

Workers’ Compensation Mediators Frank T. Harrison Former Deputy Iowa Industrial Commissioner E. J. Kelly Former Deputy Iowa Industrial Commissioner Robert C. Landess Former Iowa Industrial Commissioner Valerie A. Landis

Matthew A. Grotnes

M. Anne McAtee

Civil Litigation Mediator & Arbitrator Jeff H. Jeffries

Probate/Estate Mediator James E. Van Werden

DesMoines•Adel•QuadCities ISBA Vice President Frank Carroll accepts the Rollie Grefe award on behalf of the family of Behnaz Soulati from 515-244-0111 President-Elect Jane Lorentzen and Mary Greefe. Behnaz died on June 9 of cancer. She and Frank were colleagues www.hopkinsandhuebner.com in the Davis Brown Law Firm in Des Moines.

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ANNUAL MEETING

ADMISSION ON MOTION The following applied for admission on motion to the Iowa bar: Robert Dean Overman, Morris, Laing, Evans, Brock & Kennedy, Wichita, Kans.; David J. Skalka, Croker, Huck, Kasher, DeWitt, Andersno & Gonderinger, Omaha, Neb. Anyone with questions or comments should contact Dave Ewert at the Office of Professional Regulation, (515)725-8029, 1111 East Court Avenue, Des Moines IA 50319.

Tim Semelroth (left) presents Rob Livingston with the 2008 YLD Award of Merit. Tim was the 2007 recipient of the award.

Incoming YLD President Matt McDermott accepts the gavel from President Bridget Penick during the awards banquet.

THE IOWA LAWYER August 2008 11 37678_IL 8/4/08 10:33 PM Page 12

ANNUAL MEETING Behnaz Soulati receives Rolland Grefe Pro Bono Publico Award

Behnaz Soulati could have quit helping others. After all, the 38-year-old Iran native certainly had enough challenges of her own. But that wasn’t Behnaz. And, because it wasn’t, she was awarded the Rolland Grefe Pro Bono Publico Award at the 2008 President’s Awards Banquet on June 17 at the Temple for the Performing Arts in Des Moines. During her senior year in high school in Iran, Behnaz was blinded when a bomb from an Iraqi attack exploded outside her home. Shortly thereafter, in 1987, she moved to the United States with her family. She earned a B.A. degree with highest distinction in computer science and French in 1993 from the University of Iowa, followed by a masters degree in Mary Grefe (right) listens as Frank Carroll expresses the Soulati family’s appreciation for the Rolland Grefe Pro Bono Publico Award given to Behnaz. Behnaz died of cancer June 9, eight days before the award was present- French literature in 1995. She spent a ed. She and Frank were colleagues in the Davis Brown Law Firm in Des Moines. year in France as a lecturer and teacher of interpretation and translation at the After serving for a year as a judicial law Sadly, Behnaz’s personal challenges did- University of Poitiers, then returned to clerk for the seventh judicial district, she n’t end with the family’s move to the U.S. the University of Iowa College of Law joined Davis, Brown, Koehn, Shors & In 2003, she was diagnosed with breast where she received her J.D. in 1999. Roberts, P.C. in Des Moines in 2000. It was cancer. In 2005, it returned and metasta- then that her compassion for representing sized. She was being treated in Iowa City LANE the needy sprouted and grew. for bone cancer when she died on June 9, Most of Behnaz’s pro bono work was with eight days before she was awarded the &WATERMAN LLP women. In addition to her law practice at Rollie Grefe pro bono award. ATTORNEYS AT LAW SINCE 1854 Davis Brown, she represented more than 30 “Behnaz was respected for her positive pro bono clients during her career. She attitude, her genuine desire to help her helped many women and their children clients, and her perseverance through Mediations & Arbitrations escape from unhappy, often abusive rela- many challenges,” wrote Marc Hollander, tionships. Her assistance many times marketing director for the Davis Brown Labor & Employment Law insured a family’s financial security through firm in a news release following her death. Civil Rights her ability to obtain child support orders. “She was an inspiration to people she Civil Litigation She also was able to get protective orders worked with, people she represented and MEDIATOR & ARBITRATOR that ensured a family’s safety. people she came in contact with. Her William C. Davidson It is estimated that Behnaz contributed example of facing life’s challenges in an more than 700 hours of work to her pro upbeat way, and her refusal to give up bono clients. At a modest hourly rate that despite daunting odds, provide inspiration translated into almost $100,000. to all she touched.” Civil Litigation MEDIATOR & ARBITRATOR Thomas D. Waterman

Civil Litigation MEDIATOR & ARBITRATOR John D. Telleen

220 North Main Street, Suite 600 Davenport, Iowa 52801 563-324-3246 www.l-wlaw.com

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ANNUAL MEETING Dedication to association, profession, community earns Bruce Graves 2008 Award of Merit Bruce Graves tells the story of sitting in thereby vastly improving law an attorney’s office when he (Bruce) was practice efficiency. just getting started as an attorney and see- While the legal profession ing a framed copy of the Award of Merit and the bar association are from The Iowa State Bar Association. clearly his first love, Bruce has He remembered thinking that he’d like made time to serve his com- to have one of those awards some day. munity as well. His involve- That day happened Tuesday, June 17, at ment includes serving as pres- the 2008 President’s Award Banquet at the ident of the West Des Moines Temple for Performing Arts in Des Moines. School Board, as a member Bruce B. Graves received the association’s of the West Des Moines highest award that evening. Three tables of Development Corporation Brown Winick PLC attorneys and family and as a founding member of members gave him a standing ovation the Des Moines Ham Radio when his name was announced. Operators Association. In fact, Reading from the citation that accompa- as president of the West Des Bruce Graves holds the Award of Merit he received at the 2008 nied the award, President Joel Greer listed Moines School Board, Bruce President’s Awards Banquet as part of the ISBA’s Annual Meeting. a few of the many contributions the presented current ISBA Bruce was cited specifically for his work in organizing a domestic Nebraska-born-and-raised award winner President Dan Moore with his abuse seminar, in fathering the IOWADOCS program and in raising money for the new bar headquarters building. has made to the bar association, the legal high school diploma when (Photo by Wendy Papadopoulos.) profession and his community of West Moore graduated from Valley Des Moines. High School. As president during the first year of the To relax, Bruce runs and rides his bicy- new century, the partner in Brown Winick cle, often on his lunch hours — a practice PLC recognized a burgeoning problem he started when he was in his late 30s and in society — domestic abuse — that he early 40s. Today, his friends report, Bruce thought the ISBA could help alleviate. describes his running as more of a shuffle. Under his leadership, the ISBA developed Regardless, he figures he has run more and hosted an award-winning statewide than 10,000 miles thus far. domestic abuse symposium that was hailed In recent years, Bruce and his wife, Jean, by many as the most comprehensive trea- an airline flight attendant, have caught the tise on the subject to date. travel bug. They’ve traveled to such places Active in the ISBA for the 39 years as Australia, Africa, China, Egypt, France, he has been a practicing attorney, Bruce India, Ireland, Italy and Sicily. has served on numerous committees Bruce also has developed an interest including the Administrative Committee, in genealogy in the last decade. According the Advertising Task Force, the Annual to sources who wish to remain anony- Meeting Committee, the Building mous, he has written a 600-page book Committee, the Iowa Lawyer Assistance with photos about his ancestors coming Subcommittee, the Technology Committee to America. The book is written in a and the Ways and Means Committee. story format. Most recently, “he applied his profesional “Many aspire but only a few attain this expertise, unswerving drive and love for the coveted award,” President Greer read legal profession to raise money for the pur- from the citation. “Those who attain it chase and renovation of the association’s do so because they have entered the first-ever owned building,” Greer read. rarified air of selfless dedication to the One of Bruce’s proudest accomplish- legal profession, to the association and ments in his long relationship with the to the community. association was fathering the IOWADOCS “It is with great pride that The Iowa program. This popular forms program State Bar Association presents its 2008 gives association members electronic Award of Merit to a man with a heart access to commonly used legal documents, as big as the world: Bruce B. Graves.”

THE IOWA LAWYER August 2008 13 37678_IL 8/4/08 10:33 PM Page 14

BOG quarterly meeting — ISBA governors authorize assistance to lawyers affected by disastrous flooding Members of the ISBA Board of Governors dent loan payments for lawyers who are program will need approximately 2,000 had the plight of their colleagues displaced working in the public service sector with subscribers to adequately cover the entire by the floods and tornadoes in May and salaries under $50,000 per year and who state. The current telephone-based system June uppermost in mind during their quar- have high student loan debt. Last year has slightly more than 200 members. terly meetings June 17 and 18. a $25,000 grant combined with the • Authorized Executive Director Dwight The governors unanimously passed a res- same amount from the Iowa State Bar Dinkla and Assistant Executive Director olution on the second day of the meeting Foundation assisted 11 low-income Harry Shipley to sign checks up to $5,000. authorizing assistance for those affected by public service attorneys in paying their Checks with amounts greater than $5,000 natural disasters. The resolution authorized student loans. would require the signature of Dinkla and new President Dan Moore to set up a task • Approved a $2.6 million budget for 2008- an officer or Shipley and an officer. force that would determine the best ways to 09 as recommended by the Ways and • Approved without dissent the addition of help the estimated 250-300 attorneys dis- Means Committee. Included in the budg- JC Salvo, Harlan, and Marion James, placed by the floods in eastern Iowa. It also et is an allowance for special projects that Creston, to the Ethics and Practice specified that a fund be set up to receive come up during the year. Guidelines Committee subject to the contributions from within the state as well as • Approved the travel reimbursement poli- approval of the Iowa Supreme Court and from bar associations and individuals out- cy and procedures compiled and updated the chair of the committee. side the state. And, it encouraged lawyers to by the Ways and Means Committee. extend professional courtesy to fellow attor- • Tabled a motion to expand ISBA mem- In addition to the information presented for action, the BOG members heard infor- neys who were impacted by the disasters. bership to include attorneys such as cor- mation-only reports from several organiza- Immediately following the vote, President porate attorneys and law professors not tions. Those reports included: Moore said that assisting attorney victims of licensed in Iowa, and asked the president the floods would receive 100 percent of the to direct the Membership Committee to Officer election results association’s attention. That may mean provide recommendations. This new cate- ISBA members who voted in the election other programs will be sidelined in the gory of members, called “Associate for new officers chose Jane Lorentzen as interim, he told the governors. Members,” was recommended by the president-elect. She has served as vice presi- In other action during the two-day meet- Scope and Correlations Committee in its dent for the past year. They elected Frank ing, the first day of which was devoted to fin- study of potential member classifications. Carroll of the Davis Brown firm in Des ishing up the old year and the second day • Approved with one dissension a motion Moines as vice president. And, they elected to beginning the new, governors: from the Administrative Committee to Alan Olson to a second term as one of the make available to county attorneys at $29 two ABA delegates. • Approved the CLE Committee’s request per set the electronic version of the ISBA- to sponsor a second joint CLE program produced Jury Instructions. Legislative Report with the American Academy of ADR • Okayed with one dissension a motion Jim Carney, ISBA legislative counsel, Attorneys. Last year, in its first joint ven- from the Public Relations Committee to reviewed the statistics for the 2008 General ture, the ISBA netted slightly more than accept $100 as the subscription fee for the Assembly. A total of 196 bills and joint reso- $2,300 from the conference. first attorney in a firm and $20 for each lutions were passed and sent to the gover- • Authorized a grant of $25,000 to the ISBA additional attorney to belong to the web- nor, he said. The ISBA fared well with its Loan Repayment Assistance Program. based Find A Lawyer program. legislative proposals, having almost all of the The grant will be used to help make stu- Committee members estimate that the items on its 2008 affirmative legislative pro- gram passed by the legislature and signed by the governor. Only two of the 10 items on the affirmative program were not acted on. The Post-Secondary Education Subsidy and the capital gains exemption on the sale of a business held 10 years or more were not brought to a vote this year. Among the highlights for the ISBA legisla- tively were the passage of increased com- pensation for the judicial branch to the lev- els determined in the third phase of the Blue Ribbon Task Force’s study of judicial compensation, and full funding for legal services at $2 million. Carney also provided the governors with handouts covering reports on judicial 14 THE IOWA LAWYER August 2008 37678_IL 8/4/08 10:33 PM Page 15

accountability, judicial elections, title exam. Ewert is the assistant director of by a battery of experts for content and bias insurance and the lawsuit climate in the admissions in the Office of Professional problems. The MEE questions are also pre- United States. Iowa ranked seventh in the Responsibility. Bice is the current chair of tested by recent successful bar applicants, nation in the 2008 study conducted by the Iowa Board of Law Examiners. and previewed by the jurisdictions for prob- Harris Interactive, Inc., for the U.S. The second request for proposals to lems. At each stage, the questions are Chamber Institute for Legal Reform. implement the EDMS has been issued, refined based upon the critiques given by Justice Ternus said. The court plans to select law professors, leading practitioners in the Building Update a vendor and begin contract negotiations by area being tested, recent applicants, and the Paul Tyler, chair of the Building Sept. 15. The hope is to have a contract by bar examiners. Iowa will purchase six essay Committee, gave what he termed as his last the end of the year and be able to start questions covering six core subjects. The report on the purchase, remodeling and implementing the program in the pilot Iowa Board of Law Examiners will choose outfitting of the new ISBA headquarters counties within 180 days after that. the six from a pool of nine, he said. building. Total purchase and renovation With regard to its commissions, boards costs were slightly more than $3.5 million. and committees, the court strives to have Iowa Lawyer Assistance Program After subtracting federal and state tax cred- a gender and geographical balance, she Hugh Grady told the governors that he its, the total costs were slightly more than said. She asked BOG members to encour- has monitored four students since his last $2.7 million. Adding the purchase costs for age their constituents to apply when report. He has monitored three attorneys the railroad property south of the building openings occur. through the Grievance Commission — and the costs for equipment and furnishing Justice Ternus briefly explained the multi- two for alcohol problems and one for brought the total to $3.3 million. state essay exam, which is scheduled to be domestic abuse. There are still a few small tweaks to make used in the February 2009 bar exam. The He also said he is concerned about in the renovation of the building. Other six-question Multistate Essay Examination lawyers affected by the floods. His counter- than that, it is completed, he said. (MEE) will replace the traditional Iowa parts in Louisiana said that the levels of essay exam. With this change, all three com- suicide and depression increased signifi- YLD Report ponents of the Iowa Bar Exam — the essay cantly after the flooding there. He asked Bridget Penick, as outgoing YLD presi- questions and the performance and multi- the boardmembers to let him know if they dent, and Matt McDermott as incoming ple choice tests — will be produced by the saw or heard of anyone who might be president, each presented reports. Bridget National Conference of Bar Examiners. The depressed or suicidal. discussed some of the highlights of the past Iowa Board of Law Examiners will continue In addition, he reported that a listserv has year. One highlight was informing youth to grade the exams. been created for the 54 members on the about to turn 18 how the law impacts them The primary reason for the change is to Lawyers Helping Lawyers Committee. A man- after they turn 18. Approximately 800 of the improve the validity and reliability of the ual is also being written for the committee. “On Your Own” booklets were distributed to exam, Justice Cady told the governors. The youth, she said. MEE questions are honed over a two-year Law schools She also mentioned discussions the YLD period. They are reviewed repeatedly by Dean Ben Ullem of Drake University’s board had regarding district numbers and the drafters, by the drafting committee, and Law School and Dean Carolyn Jones of the how many representatives there should be from each district. In addition, she said that the YLD board spent time discussing long range strategic planning. Tired of “guessing” at the Matt told the governors that the YLD’s public service project for the coming year value of your cases? would focus on helping people affected by try... the floods. He also mentioned that the YLD is looking at establishing a Legislative Leadership Academy, which would educate young lawyers about the political process with a goal of encouraging more of them to run for political office. The YLD board also plans to review the organization’s • Tailored for your needs bylaws this year, he said. (simple to complex) Robert E. Tucker Ph.D, J.D. Supreme Court • Obtain focus-jurors names Chief Justice Marsha Ternus gave the gov- from trial venue jury lists Trial Attorney & Consultant ernors an update on the Electronic Data 7017 Hickman Rd., Suite A Management System and reviewed the • Can test and evaluate for Des Moines, IA 50322 appointment process for the court’s com- trial strategies & tactics missions, boards and committees before (515) 276-8282 introducing Justice , Dave Ewert • Yields real-world results (800) 276-5076 and Thomas Bice, who provided details on the court’s decision to use the multistate (no more guesswork) [email protected] essay exam for the essay portion of the bar THE IOWA LAWYER August 2008 15 37678_IL 8/4/08 10:33 PM Page 16

University of Iowa College of Law both brought the governors up to date on what Questions and answers about changes is happening at their respective schools. Dean Ullem spent the few minutes in the bar exam of his report mainly introducing himself to the governors. This was his first Members of the ISBA Board of Governors California or Nevada? address to the BOG since taking over as had numerous questions about changes to A. Yes, but there is no security problem dean on June 1. “I’ve been on the job the Iowa Bar examination during a presen- with students from another state sharing the 17 days and so far it has been good,” he tation by several members of the Iowa questions with Iowa students. The questions told the governors. Supreme Court and Thomas Bice, current are retired after use — Justice Cady. He reminded them that U.S. Supreme chair of the Iowa Board of Law Examiners. Court Chief Justice John Roberts will be The questions came up at the group’s quar- Q. How many states are using this at Drake on Oct. 2 to deliver the 11th terly meeting in June. approach? Dwight D. Opperman Lecture in The changes involve the purchase of the A. Thus far, 21 states have adopted this Constitutional Law at 3 p.m. in the essay questions on the exam from the National approach and the number is growing rapidly Knapp Center. The lecture is free and Conference of Bar Examiners instead of — Justice Cady. open to the public. Iowa attorneys writing the questions. Every state adjacent to Iowa is using this Dean Jones told the BOG members Answering the governors’ questions were approach except Minnesota, and officials that thankfully “we are high and dry,” as Chief Justice Marsha Ternus, Justice Mark there are looking at it — Bice. contrasted to many of the buildings on Cady, Dave Ewert and Bice. Ewert is the new the University of Iowa campus. Traffic Q. Will this new approach take away or assistant director of admissions in the Office and utilities are the major problems for change how students prepare for the exam? of Professional Responsibility. the law campus. A. We’re not trying to take away any pre- Following are some of the questions, and Associate Dean Linda McGuire has paration courses or materials — Justice Cady. been talking to Allison Werner Smith in the answers: It probably will require some changes to Iowa City about having law students help Q. What guarantee is there that Iowa can- the preparatory materials — Ewert. with flood cleanup as their public service didates will know anything about Iowa law? Since this approach is more national in project, she said. Q. A. The exam is designed to test whether a nature, are there any changes in the require- Iowa State Bar Foundation person thinks like a lawyer, not necessarily to ments for being admitted in other states? Nan Horvat, president of the Iowa test him or her on Iowa law. To ensure that A. Admission standards are up to each State Bar Foundation, gave the governors newly admitted attorneys know Iowa law, the state. Whether this will make it easier to a recap of the foundation’s quarterly court is exploring the approaches some other have reciprocity in other states is unknown meeting on June 17. states are taking, which is to require 10-15 — Justice Cady. The Foundation board approved a hours of mandatory CLE specifically related grant request for $25,000 to match the to Iowa law — Justice Cady. Q. What is the cost of the nine questions ISBA’s grant of $25,000 for the Lawyers The graders will make the determination to select six? Repayment Assistance Program, she as to whether the person is qualified to be A. The cost is $35 per applicant for each said. The board also approved Joe an Iowa lawyer. So the test of the fitness to question — Justice Cady. Lauterbach’s application for another be an Iowa Lawyer is still present. And, the The cost for each question under the term on the board of directors. bar examiners and the court continue to set current system is $20. The cost for each Horvat told the BOG that the the standards for admittance to the Iowa examinee will go up about $15. However, Foundation is stressing to attorneys the bar — Bice. that increase isn’t due to the change in how importance of including the Foundation the essay questions are acquired — Chief in the memorial contributions loved Q. Are Iowa students taking the same Justice Ternus. ones make at the time of death. exam as students in other states such as With this approach, the cost of generating the questions, and all of the editing and proofing, etc., under the current system will be avoided — Bice. Q. Will the pass/fail rate change? A. A survey of other states showed that it did not change. The quality of the candi- date pools determines the scoring — Ewert. Q. Will this approach speed up the results? A. No. Q. Is the state court still in charge of admission? A. Yes. That will not change — Justice Cady. 16 THE IOWA LAWYER August 2008 The Iowa State Bar Association’s Fall 2008 CLE Catalog

August Catalog.indd 1 8/4/2008 4:12:22 PM Affordable! Educational! Timely! ISBA’s CLE.

CLE SEASON PASS Get Your ISBA Members, receive all of your CLE credits by using The ISBA It’s the one pass that can give you hundreds of credits worth Iowa State Bar Association’s affordable CLE SEASON PASS. CLE Season of CLE seminars at the best price in town. Pay only $550 for the card and then have 12 Pass Today! months to take all of the credits you need. Our quality CLE programs are presented with your convenience in mind, offering a variety of start times, The Continuing formats, and program lengths, to provide the flexibility you Legal Education need. Sign up for the Season Pass and choose from: You Deserve! 200 hours of live CLEs. 20 hours of telephone CLEs. • ExcellentAppropriate Speakers Topics • Lively Panel Discussions • Unbeatable Value • Great Flexibility • Terms and Conditions

WHO CAN USE THE PASS?:

The Pass is for ISBA members only. The Pass cannot be used by anyone other than to whom the Pass is PASS TERM: issued. Pass holders will not be admitted without their Pass.

TUITION-FREE ADMISSION GUARANTEE: Under no circumstances will the term of any Pass be extended beyond the 12-month period you select.

The ISBA CLE Season Pass guarantees the Pass holder tuition-free admission to ISBA-Sponsored CLE seminars presented in Iowa during the term of the Pass. This includes live presentations as well as AMENITIES & COURSE MATERIAL: telephone CLE.

The Pass holder is entitled, at no further cost, to all course materials and other amenities furnished COURSES NOT COVERED BY THE PASS: tuition-paying registrants at any course the Pass holder attends.

The ISBA CLE Season Pass does not provide tuition-free admission to web-based CLE as well as the non-CLE portion of the General Practice Golf Outing and Family Law Ethics Dinner Theater. 2008 Fall Catalog

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ISBA CLE SEASON$550 for 12 months PASS of ORDERaccess FORM

Name : ______Member # ______Phone # ______Address: ______City, State, Zip: ______E-mail: ______Method of Payment: ___ Check enclosed Check Number ______Master Card __ Visa ___ Discover ___ American Express

Credit Card #:______Exp. Date: ______Cardholder Signature: ______Start-up Date: ______/______/______(when you would like the Pass to begin) Return Registration form to: ISBA CLE, 625 East Court Avenue, Des Moines, IA 50309-1904. For questions call: (515) 243-3179 or faxISBA (515) CLE 243-2511 Schedule

September 2008 October 2008 (cont’d)

Sept. 10 Law Over Lunch: Supreme Court’s Oct. 20 Nuts & Bolts - Coralville Decision in Reigel v. Medtronic Inc. Coralville Marriott Sept. 12 Criminal Law Seminar Oct. 30 - 31 Family Law Seminar Clarion Hotel & Conference Center West Des Moines Marriott Sioux City, IA Sept. 16 Government Practice: Law Over November 2008 Lunch Sept. 19 Corporate Counsel/Trade Regulation Nov. 7 Law Over Lunch: Good Interpreting: Seminar How To Know It When You See (or ISBA Building, Des Moines Hear) It Sept. 23 Fall Traveling - Sioux City Nov. 12 Law Over Lunch: Basics of Appellate Sept. 24 Fall Traveling - Mason City Advocacy Sept. 25 Fall Traveling - Des Moines Nov. 21 2nd Annual ADR Seminar ISBA Building, Des Moines October 2008 December 2008 Oct. 6 Fall Traveling - Davenport Oct. 7 Fall Traveling - Dubuque Dec. 3 - 5 Tax School Oct. 8 Fall Traveling - Cedar Rapids Downtown Des Moines Marriott Oct. 9 Fall Traveling - Ottumwa Dec. 10 Law Over Lunch: Ethics Oct. 16 Nuts & Bolts - Des Moines Dec. 12 eCommerce Seminar Polk County Convention Center ISBA Building, Des Moines Oct. 17 Environmental Law Seminar Dec. 19 Federal Practice ISBA Building, Des Moines Downtown Des Moines Marriott

2008 Fall Catalog

August Catalog.indd 3 8/4/2008 4:12:30 PM Affordable! Educational! Timely! ISBA’s CLE.

Young Lawyers Division: Law Over Lunch Supreme Court’s Decision in Reigel v. Medtronic, Inc. (1 hour of State CLE) Speaker: Matthew Eslick Wednesday, September 10 12:00 - 1:00 p.m.

Registration Form: YLD Law Over Lunch

Name : ______Member # ______Phone #______Address: ______City, State, Zip: ______E-mail: ______Fee: ____ ISBA Member ( $25 each ) ____ Non-ISBA Member ( $40 each ) Method of Payment: ___ Check enclosed Check Number ______Master Card ___ Visa ___ Discover ___ American Express ____CLE Season Pass Credit Card #:______Exp. Date: ______Cardholder Signature: ______Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions call: (515) 697-7874 or faxGovernment (515) 243-2511 Practice: Law Over Lunch Incompatibility and Conflict of Interest for Public Officers (1 hour of State CLE) Speaker: Michael Bennett, Assistant Attorney General Tuesday, September 16 12:00 - 1:00 p.m.

Registration Form: Government Practice Law Over Lunch

Name : ______Member # ______Phone #______Address: ______City, State, Zip: ______E-mail: ______Fee: ____ ISBA Member ( $25 each ) ____ Non-ISBA Member ( $40 each ) Method of Payment: ___ Check enclosed Check Number ______Master Card ___ Visa ___ Discover ___ American Express ____CLE Season Pass Credit Card #:______Exp. Date: ______Cardholder Signature: ______Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions call: (515) 697-7874 or fax (515) 243-2511 2008 Fall Catalog

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Criminal Law Seminar Clarion Hotel and Conference Center Friday, September 12 707 4th Street, Sioux City, IA 51101

8:00-8:30 Martha Registration McMinn, Attorney at Law 12:00 - 1:00 LUNCH 8:30 - 9:15 Postconviction Practice 1:00 - 2:00 State and Federal Case Law Update (F) B. John Burns, 9:15 - 10:00 Defending Federal Drug Cases Assistant Federal Defender (F) Michael Smart, 2:00 - 3:00 Jason Immigration Finch, Attorney Consequences at Law of Assistant Federal Defender (F) Criminal Convictions 10:00 - 10:15 StephanBREAK Japuntich, 10:15 - 10:45 Restitution Issues 3:00 - 3:15 Colin BREAK Murphy, Attorney at Law 3:15 - 4:00 OWI Practice Assistant Appellate Defender 10:45 - 11:30 AssistantSex Offender Attorney Registry General 4:00 - 5:00 Grievance CommissionProcess Member John Lundquist, (E) Theresa R. Wilson,

11:30 - 12:00 Innocence Project of Iowa 5:00 RECEPTIONCLE CREDIT Innocence Project of Iowa Board Members State hours (7) Federal hours (2.75) Ethics hours (1) (F) = Federal CLE hours (E) = Ethics CLE hours

Registration Form: 2008 Criminal Law

Name : ______Member # ______Phone #______Address: ______City, State, Zip: ______

E-mail: ______Registration: ____$150.00 ISBA Member ____$140.00 Section Member ____$225.00 Non-ISBA Member Method of Payment: ___ Check enclosed Check Number ______Master Card ___ Visa ___ Discover ___ American Express ___CLE Season Pass Credit Card #:______Exp. Date: ______Cardholder Signature: ______Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions call: (515) 697-7874 or fax (515) 243-2511 Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by September 5, 2008. Written notification can be mailed/faxed or e-mailed to the Bar Office. Walk-in registration fee will be an additional $50 (fee will begin on September 11). 2008 Fall Catalog

August Catalog.indd 5 8/4/2008 4:12:32 PM Affordable! Educational! Timely! ISBA’s CLE.

Corporate Counsel/Trade Regulation Friday, September 19 Iowa State Bar Association Building, Des Moines, Iowa

Program Time: 8:30 - 4:15

Some of the topics include: Dubuque Monday, October 6 Antitrust Update Sweepstakes and Contests Speaker: Edward Mansfield Speaker: Brian McCormac Speaker: Matthew Eide The Role of a Lobbyist

Ethics Franchise Update Speaker: William Raisch Speaker: Mark Hamer

T CLE CREDIT op Ten LegalSpeaker: Oversights Brett That Trout Can Shut Down Your Client’s Website State hours (6) EthicsFederal hours hours (1) to be Employee PoliciesSpeaker: and Section 7 of the National announced at a later date Labor Relations Act Russell Samson Registration Form: Corporate Counsel/Trade Regulation

Name : ______Member # ______Phone #______Address: ______City, State, Zip: ______E-mail: ______Fee: ____ $140.00 Trade Regulation Section Member ____ $140.00 Corporate Counsel Section Member ____ $150.00 ISBA Member ____ $225.00 Non-ISBA Member Method of Payment: ___ Check enclosed Check Number ______Master Card ___ Visa ___ Discover ___ American Express ____CLE Season Pass Credit Card #:______Exp. Date: ______Cardholder Signature: ______Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions call: (515) 697-7874 or fax (515) 243-2511 Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by September 15, 2008. Written notification can be mailed/faxed or e-mailed to the Bar Office. Walk-in registration fee will be an additional $50 (fee will begin on September 18). 2008 Fall Catalog

August Catalog.indd 6 8/4/2008 4:12:34 PM Affordable! Educational! Timely! ISBA’s CLE

Fall Traveling Seminars

Mason City

Sioux City Des Moines Tuesday, September 23 Wednesday, September 24 Thursday, September 25 Dubuque Davenport Cedar Rapids Ottumwa Monday, October 6 Tuesday, October 7 Wednesday, October 8 Thursday, October 9

Mason City

Sioux City Dubuque

Cedar Rapids Davenport Des Moines

Ottumwa

Registration: 8:00 - 8:30 a.m. Program Time: 8:30 - 4:30

Fall Traveling will touch upon the following relevant topics:

• Probateand Court Update Administrators • Straight Talk: A bench-bar format discussion with District Judges, Lawyers,

• Persuasive Techniques • Asset protection for the next generation • Elder Law • Mortgage, Foreclosure, and Sub-prime Lending • Ethics

2008 Fall Catalog

August Catalog.indd 7 8/4/2008 4:12:48 PM Affordable! Educational! Timely! ISBA’s CLE.

Registration Form: 2008 Fall Traveling Seminar

Name : ______Member # ______Phone #______Address: ______City, State, Zip: ______

E-mail: ______Fee: ____ $135.00 ISBA Member ____ $175.00 Non-ISBA Member Location: (please choose only one) ____Sioux City ____Mason City ____Des Moines ____Dubuque ____Davenport ____Cedar Rapids ____Ottumwa Method of Payment: ___ Check enclosed Check Number ______Master Card ___ Visa ___ Discover ___ American Express ____CLE Season Pass Credit Card #:______Exp. Date: ______Cardholder Signature: ______Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions call: (515) 697-7874 or fax (515) 243-2511 Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office four days before the seminar. Written notification can be mailed/faxed or e-mailed to the Bar Office. Walk-in registration fee will be anRegistration additional $50 Form: (fee will Nuts begin & the Bolts day before Seminar the seminar). Registration Form (Nuts & Bolts agenda can be found on the next page)

Name : ______Member # ______Phone #______Address: ______City, State, Zip: ______Advanced Registration: Location: E-mail: ______Please check a location ____ $15.00 (Admitted to practice 2 years or less) ____ Des Moines (Oct. 16) ____ $45.00 (Admitted to practice 3 - 5 years) Track:____ Coralville (Oct. 20) ____ $75.00 (Admitted to practice 10 - 15 years) ____ $150.00 (Admitted to practice 10 years or more) Please check a track ____ $225.00 (Non-Member) ____ Litigation Track ____ Transactional Track Method of Payment: ___ Check enclosed Check Number ______Master Card ___ Visa ___ Discover ___ American Express ___ CLE Season Pass Credit Card #:______Exp. Date: ______Cardholder Signature: ______Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions call: (515) 697-7874 or fax (515) 243-2511 Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by October 10, 2008. Written notification can be mailed/faxed or e-mailed to the Bar Office. Walk-in registra- tion fee will be an additional $50 and will begin the day before each individual event. 2008 Fall Catalog

August Catalog.indd 8 8/4/2008 4:12:48 PM Affordable! Educational! Timely! ISBA’s CLE

2008 Nuts & Bolts Seminar October 16 October 20 Coralville Marriott

Polk County Convention Center 501 Grand Ave. 300 East 9th St. Des Moines, IA 50309 Coralville, IA 52241 8:00 - 8:30 Registration 8:30 - 9:30 Legal Community Des Moines: Judge Robert Blink Coralville: Judge Marsha Beckelman 9:30 - 10:30 Case & Client Evaluation Des Moines Speaker: Richard Gaumer Coralville: Justice David Baker & Richard Garberson 10:30 - 10:45 Break 10:45 - 11:15 How to Manage a Law Practice Des Moines: Kim Stamatelos Litigation Track TransactionalCoralville: TrackEllen Ramsey Kocena

11:15 - 12:00 Discovery 11:15 - 12:00 Business Formation: Financing, Des Moines: Patrick White Sale/Purchasing Issues, etc. Coralville: Bruce Walker Des Moines: Garth Adams Coralville: David Bright

12:00Litigation - 1:30 Track Lunch Break (lunch not included) Transactional Track

Closings 1:30 - 2:30 Jury Selection, Openings & 1:30 - 2:30 Real Estate Des Moines: Timothy Gartin Des Moines: Frank Harty Coralville: Matthew Hayek Coralville: Leon Spies 2:30 - 3:30 Probate/Estate Planning 2:30 - 3:30 Cross Examination/Trial Des Moines: David Repp “HowTechniques to Cross Examine Like Coralville: Kyle Wilcox & aDes Star Moines: - Or at MarkLeast Weinhardta Decent Susan Willey Character Actor”

Coralville: Timothy Semelroth CLE CREDIT 3:30 - 3:45 Break 3:45 - 4:45 Ethics (Grievance Commission) State hours (6.75) (E) Des Moines: Paul Wieck Coralville: Paul Wieck Ethics hours (1) (E) = Ethics CLE Hours 2008 Fall Catalog

August Catalog.indd 9 8/4/2008 4:12:50 PM Affordable! Educational! Timely! ISBA’s CLE.

Environmental & Natural Resources Law Seminar Friday, October 17 Iowa State Bar Association Building, Des Moines, Iowa

CLE CREDIT 8:15 - 8:30 Registration 8:30 - 9:15 Case Law and Legislative Update State hours (6.25) Speakers: Thomas Lipps and James Pray Federal hours (1) Ethics hours (1) 9:15 - 10:00 Iowa Department of Natural Resources Update (F) = Federal CLE hours Speaker: Richard Leopold, Director of the Iowa (E) = Ethics CLE hours Department of Natural Resources 10:00 - 10:15 Break 10:15 - 11:15 Chapter 455K: Environmental Audits, Self-Disclosure, and the Great Unknown 10th (F) Anniversary Speakers: Kelli Book of the Iowa DNR and Scott Young 11:15 - 12:00 How Rulemaking Occurs Speaker: Henry Marquard, Chairman of Environmental Protection Commission 12:00 - 1:15 Lunch (Lunch Speaker to be announced a later date) 1:15 - 2:15 Agriculture and the Environment Speaker: Chris Gruenhagen, Iowa Farm Bureau Federation 2:15 - 3:15 Wind Energy Development Speaker: Prof. Neil Hamilton, Director of the Agricultural Law Center at Drake Law School 3:15 - 3:30 Break 3:30 - 4:30 Ethics (E) RegistrationSpeaker: MichaelForm: Furlong,Environmental Swiss Reinsurance & Natural America Resources Corporation Law

Name : ______Member # ______Phone #______

Address: ______City, State, Zip: ______

E-mail: ______Registration: ____$150.00 ISBA Member ____$140.00 Section Member ____$225.00 Non-ISBA Member Method of Payment: ___ Check enclosed Check Number ______Master Card ___ Visa ___ Discover ___ American Express ___Season Pass Credit Card #:______Exp. Date: ______Cardholder Signature: ______Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions call: (515) 697-7874 or fax (515) 243-2511 Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by October 10, 2008. Written notification can be mailed/faxed or e-mailed to the Bar Office. Walk-in registration fee will be an additional $50 (fee will begin on October 16). 2008 Fall Catalog

August Catalog.indd 10 8/4/2008 4:12:58 PM Affordable! Educational! Timely! ISBA’s CLE

For more information or to Probate Live register for an ISBA event, visit Look for more information in www.iowabar.org. the September Iowa Lawyer and on the ISBA website.

Family Law CLE CREDIT October 30 - 31

State hours: 14 Total West Des Moines Marriott Federal hours (.75) 1250 Jordan Creek Pkwy Ethics Dinner = 1 hour of Ethics THURSDAY,West OCTOBER Des Moines, 30 IA 50266 Registration Family Law Update 7:30 - 8:00 Get the latest Iowa family law news and developments from Jim Meade. In addition, you will receive 8:00 - 9:00 Jim’s 100-page written outline.

Estate Planning for Divorced Persons TheSpeaker: dissolution James ofMeade a marriage creates an obvious need for new estate planning. Paul Morf, an active 9:00 - 9:45 member of the Probate Section and frequent speaker on estate planning issues, will discuss the consid- erations and planning mechanisms we can use to assist our divorced clients as they make new lives and estate plans.

Income Withholding Orders: Use Them Properly SomeSpeaker: attorneys Paul P. areMorf incorrectly entering income withholding orders to collect attorney fees, college 9:45 - 10:00 subsidy amounts, and other miscellaneous obligations. Others improperly route non-support payments through the Collection Services Center which creates accounting and other issues. Legal advisors to the Collection Services Center will explain the appropriate uses of the income withholding order and the CSC.

Break Speakers: Assistant Attorneys General Patricia Hemphill & Cheri Damante Cummings Hot Tips From the Experts 10:00-10:15 This fast paced panel will provide forms, short cuts, and wisdom gained from long experience, most of 10:15-11:15 which you can begin to use immediately to improve your family law practice.

Moderator: Elizabeth Rosenbaum 2008 Fall Catalog

August Catalog.indd 11 8/4/2008 4:13:01 PM Affordable! Educational! Timely! ISBA’s CLE.

Child Support and Custody Jurisdiction Update In our increasingly mobile society, all family lawyers need a good understanding of the important juris- 11:15 - 12:00 diction statutes which control their cases when all affected parties are not residents of the state: the Uni- form Child Custody Jurisdiction and Enforcement Act (UCCJEA), the Uniform Interstate Family Support Act (UIFSA), and the Full Faith and Credit for Child Support Orders Act (FFCCSOA). Professor Andrea Charlow of Drake Law School returns by popular demand to remind us of the basics, new developments, and anticipated changes in the world of the interstate child custody and child support jurisdiction statutes.

LUNCH Speaker: Andrea Charlow Family Law Firm Web Sites: The Basics 12:00 - 1:00 Some of us have not yet fully joined the Internet community. Others have web sites that are little more 1:00 - 1:45 than electronic business cards. Chad Kepros will explain the basics and the alternative paths, features and costs of web site creation and maintenance.

Considering the Child’s Preference in Custody Cases Speaker:The child’s Chad expressed Kepros preference is a factor, but not the controlling factor in custody determinations. 1:45 - 2:30 However, parents and many judges give enormous weight to this factor, especially when a teenager desires to switch parents. Andrew Howie will review the factors, strategy, tactics, and evidence which should be presented when utilizing the child’s preference in a custody dispute. He will also discuss the myth that there is a “magic” age when a child may choose with which parent s/he will live.

The Child as Witness In Family Court Speaker:The speakers Andrew and Howie seminar participants will explore this mostly uncharted topic in Iowa family law. 2:30 - 3:15 Should local court rules or a statute give guidance as to when and in what manner persons under the age of eighteen should participate in custody and visitation disputes? Should each judge be permitted to set his or her own rules? The speakers and the audience will discuss legal issues, child psychology, options, best practices, strategy and the ethics of involving a juvenile in a custody or other family law dispute.

BREAK Speakers: Barbara Romar Davis, Judge John Lloyd Assisting High Conflict Families after the Initial Custody Decision is Made 3:15 - 3:30 After a hard fought parenting plan has been settled upon or set by the Court after trial, parents often fail 3:30 - 5:00 to effectively communicate, cooperate and handle unanticipated events and changes in their lives and in the lives of their children. Parents are being advised or ordered to attend post-conflict parenting classes such as “After the Storm”; continuing mediation provisions are being inserted into decrees; domestic vio- lence and emotional abuse continue; and guardians ad litem, attorneys for children, special masters, and parenting coordinators to act as non-judicial decision-makers are being appointed in high conflict cases. A panel of attorneys, mediators, counselors and others experienced in this area will offer suggestions and warnings for us and our clients as we navigate through the often stormy waters of co-parenting after the initial conflict has been resolved.

Chair’sModerator: Reception Diane Dornburg Join Panel: us Judge for complimentary Martha Mertz, drinks Tara van and Brederode, snacks, greet Jenny old Schulz, friends, Mary make Jankowski, new acquaintances, and Susan Gauger meet our 5:00 speakers, discuss the day’s events and tomorrow’s topics, and prepare for dinner. Dinner

5:45

2008 Fall Catalog

August Catalog.indd 12 8/4/2008 4:13:02 PM Affordable! Educational! Timely! ISBA’s CLE

Ethics Theater (One hour: Ethics CLE) After dinner infotainment will be provided by some of your favorite colleagues as they portray ethics 6:45 scenarios. You and respected ethics experts will review the performances and analyze the ethical dilem- mas presented. FRIDAY, OCTOBER 31 Assessing the Impact of the Hanson Case In Re Marriage of Hanson is the most important review of the law and psychology of relevance to child 8:00 - 8:45 custody determinations since the Iowa Legislature began amending Section 598.41 and our courts be- gan approving shared physical care parenting plans with increased frequency. An experienced litigator will review the changes in evaluating, negotiating, and litigating child custody disputes which the Han- son case requires.

Family Military Law With Speaker: the increasing David Jungmann mobilization of Iowa Guard and Reserve Units and the added stress on family relation- 8:45 - 9:30 ships, Iowa family law attorneys are seeing more clients whose military service affects their legal rights and responsibilities. This program will give you the ability to recognize issues that affect these clients and provide information about web sites and other resources where you can obtain answers when you have identified the issues. Pete Welch from Cedar Rapids is a retired Naval Captain. He has served for many years on the Iowa Committee to Support the Guard and Reserve and is one of the initial members of the ISBA Military Affairs Committee. His presentation will include information about the new Servicemembers’ Civil Relief Act, the Uniformed Services Employment and Reemployment Rights Act, dividing military pen- sions and deferred benefits, and other aspects of representing a military client or spouse.

The Farm Divorce Farming,Speaker: especiallyPeter Welch an extended family farming operation, provides a complex series of considerations 9:30 - 10:15 when a farm family divorces. An attorney and an accountant with hard-earned experience working with farm divorces will share their insights into such issues as identifying all potential assets and valu- ing them, examining the different types of legal entities used in farm operations and valuing them, and identifying federal farm programs and understanding how they effect the divorce settlement. Dan and Tony will also review Iowa case law and suggest approaches to discovery. In addition, they will present a typical financial statement for the divorcing farm couple to show how different asset identification and valuation approaches can affect the outcome of your case.

BREAK Speakers: Dan Bray and Tony G. Rees C.P.A. Paternity Disestablishment 10:15 - 10:30 There are two different statutory paths to disestablishment of paternity. Our speakers will discuss the 10:30 - 11:00 pros and cons of each approach from the perspectives of private attorneys and the Child Support Recov- ery Unit and will share a detailed, step-by-step outline of these procedures..

Education Issues For Family Lawyers AnSpeakers: attorney Tara and van administrative Bederode and law Patricia judge Hemphillfor the Iowa Department of Education will provide useful 11:00 – 12:00 information for all family law attorneys concerning the rights and responsibilities of schools, parents and children in education institutions including students with disabilities, student discipline, search and seizure of students, access to student records, truancy, the Sex Offender Registry, education of homeless youth and children, and other information which you will be able to use as a parent and to assist and advise your clients and their children.

Speaker: Carol Greta 2008 Fall Catalog

August Catalog.indd 13 8/4/2008 4:13:03 PM Affordable! Educational! Timely! ISBA’s CLE.

LUNCH The New Income Shares Child Support Guidelines Explained 12:00 - 1:00 The most substantial changes in child support determination since the Guidelines were adopted have 1:00 - 2:45 been recommended by the Iowa Child Support Guidelines Review Committee. Learn all you need to know about the new Income Shares Child Support Guidelines from members of the Review Committee and the expert who crafted them. Co-chairs Steve Lytle and Judge Anuradha Vaitheswaran and other members of the Committee, and their nationally known consultant, Jane Venohr, will answer all of your questions about the proposed new support rules and show us how they will impact our practices and our clients.

BREAKSpeakers: Judge Anuradha Vaitheswaran, Steven Lytle, Judge Eliza Ovrom, Patricia Hemphill, Kevin Kaufman, and Jane Venohr, Ph.d., PSI, Inc. What Family Lawyers and Their Clients Need to Know About FAFSA and Higher 2:45 - 3:00 Education and Tax Issues 3:00 - 3:45 The proper preparation of the Free Application for Federal Student Aid (FAFSA) application and the manner in which the divorced parents’ post-secondary education obligations are structured can greatly affect the kind and amount of financial aid a student will receive and the tax consequences for all con- cerned. One of our favorite and most intelligible tax experts explains all.

Family Law Mediation: Get the Monster Out of the Closet WasSpeaker: your Jenniferlast custody WendtGeisler case known around the office as Godzilla vs. The Wolfman? Is opposing counsel 3:45 - 4:30 listed on your speed dial under Freddy Krueger? Our panel will show you how to take the horror out of your family law practice. Learn how a mediator can be your best friend in taming the monsters lurking on your desk top. We predict improved quality of your practice and greater client satisfaction.

Panel: Kim Stamatelos,Registration Steve Sovern, Terry Form: Parsons, Family Matt LawBrandes

Name : ______Member # ______Phone #______Address: ______City, State, Zip: ______E-mail: ______Registration: ____$235 ISBA Member ____$205 Family Law/Juvenile Law Section Member

____$325 Non-ISBA Member ____$50 Judges

Method of Payment: ___ Check enclosed Check Number ______Master Card ___ Visa ___ Discover ___ American Express ___CLE Season Pass

Credit Card #:______Exp. Date: ______Cardholder Signature: ______Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions call: (515) 697-7874 or fax (515) 243-2511 Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by October 23, 2008. Written notification can be mailed/faxed or e-mailed to the Bar Office. Walk-in registration fee will be an additional $50 (fee will begin on October 29). 2008 Fall Catalog

August Catalog.indd 14 8/4/2008 4:13:04 PM Affordable! Educational! Timely! ISBA’s CLE

Women & Minorities Programs

Women & Minorities Ethics Presentation

Location: Iowa State Bar Association Building

See the September Iowa Lawyer and www.iowabar.org for more information on this October event.

Women & Minorities Law Over Lunch: Good Interpreting: How To Know It When You See (or Hear) It

Speaker: Michael Piper Friday, November 7

Registration Form: Women & Minorities Law Over Lunch

Name : ______Member # ______Phone #______

Address: ______City, State, Zip: ______

E-mail: ______

Registration: ____$25 ISBA Members

____$40 Non-ISBA Member

Method of Payment: ___ Check enclosed Check Number ______

___ Master Card ___ Visa ___ Discover ___ American Express ___CLE Season Pass

Credit Card #:______Exp. Date: ______

Cardholder Signature: ______

Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions call: (515) 697-7874 or fax (515) 243-2511

2008 Fall Catalog

August Catalog.indd 15 8/4/2008 4:13:04 PM Affordable! Educational! Timely! ISBA’s CLE.

Law Over Lunch Series

All seminars listed below will be held from 12:00 - 1:00 p.m. CST

Basics of Appellate Advocacy November 12, 2008 Speaker: Mark Weinhardt (1 hour of State CLE)

December 10, 2008 Ethics (1 hour of Ethics) Speaker: Patrick White

The series will continue into 2009 on the following dates: January 14 Look in future issues of The IowaFebruary Lawyer 11 for topics and speakers for these March 11

RegistrationLaw Form: Over LunchLaw Over events. Lunch Series

Name : ______Member # ______Phone #______Address: ______City, State, Zip: ______E-mail: ______Fee: ____ ISBA Member ($25 each) or ____ Series ($100) ____ Non-ISBA Member ($40 each) or ____ Series ($140) Registering for: ___ November 12 - Basics of Appellate Advocacy ___ December 10 - Ethics ___ January 14 ___ February 11 ___ March 11 Method of Payment: ___ Check enclosed Check Number ______Master Card ___ Visa ___ Discover ___ American Express ____CLE Season Pass Credit Card #:______Exp. Date: ______Cardholder Signature: ______Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions call: (515) 697-7874 or fax (515) 243-2511 2008 Fall Catalog

August Catalog.indd 16 8/4/2008 4:13:04 PM 37678_IL 8/4/08 10:33 PM Page 17

The Iowa Lawyer welcomes letters in response to issues raised in its pages. Each letter will be verified for authenticity and must include the author’s name, address and daytime phone number. Letters will be edited for style and length. We will reject any letter believed unfit for publication.

Dear Editor, The coverage of flood damage sus- 4. Off-site electronic backup of files. a little effort now is worth it. Our files tained by lawyers this summer should 5. The use of fireproof and water- are the guts of our practices. be a wake-up call to all of us to take rea- proof storage devices for important sonable steps to protect our clients, our firm documents and original client John D. Sens files and records and limit our liability documents (safes, etc.) Eden Prairie, MN exposure. It seems like loss by fire or Naturally, such steps will have to be flood is something we don’t think can taken following ethical guidelines, but happen to us. Back in 1997, some law firms in Grand Forks, ND were devastated by the loss of files as the result of the Red River flooding. I fear that expensive lesson wasn’t passed on to others not directly affected. In my opinion the ISBA should immediately investigate and publish suggestions for lawyers to avoid or diminish the problems that will arise as the result of fires and flood- ing. There are many common- sense measures that can be taken but are not, simply because many lawyers are too busy to consider them — a classic example of the proverbial children of the shoe- maker having no shoes. Those that come immediately to mind include:

1. A policy of returning all origi- nal documents to the owners as quickly as possible and keeping receipts for their delivery. 2. A policy of having an agree- ment with clients to allow purg- ing files as soon as possible by delivering them to the owners or having them shredded. (I know from some observation, that some firms keep files indefinitely; I have seen files that reach back to the 1930’s.) 3. Extensive use of electronic storage and backup. Today, high speed scanners and electronic storage are less expensive than ever. I have friends, not lawyers, who have two or three external hard drives hooked to their com- puters to back up everything they have on a daily basis.

THE IOWA LAWYER August 2008 17 37678_IL 8/4/08 10:33 PM Page 18

Opportunity to throw a pie in the face generates more than $1,000 for flood relief By Apryl DeLange*

When news of the recent flood devasta- of special visitors Uncle Sam (Jeff raised a total of $1065. It is amazing what tion became apparent and when news of Jeffries), Martha Washington (Wendy a group of people can do when they have the Iowa Red Cross struggling financially Boka) and George Washington (Randy a chance to throw a pie in someone’s face to keep up with the need hit the news Schueller), the winner of the pie-in-the- with no consequences! stations, the law firm of Hopkins and face recipient and the pie thrower were Huebner, P.C., in Des Moines decided revealed. With a grand total of $298.96, *Apryl DeLange is a shareholder at Hopkins & to see what it could do to help. Matt Grotnes was the winner of the pie- Huebner PC where she practices in litigation and employment law. She coordinated the flood fund- It was not the first time the firm had in-the-face. With a little help from her raiser. endeavored to make donations to charity. friends, Erin Pals won the right to throw Last fall, it collected canned goods and the pie with a winning bid of $100. non-perishable items to donate to a local As the days drew food bank. The collection was set up as a near, Matt had some contest between Iowa and Iowa State fans, idea that the writing and the group who collected the most was on the wall and cans won a decorated big cookie at the he would probably Iowa/Iowa State potluck held before the get the pie in the rivalry football game. face. He was pre- This time a different idea was pitched to pared for it. After the firm’s management. The idea was to Uncle Sam made hold a fund-raiser to benefit the Iowa Red the big reveal of the Cross Flood Relief fund in conjunction winner, Matt with the Red, White and Blue potluck held changed into his annually to celebrate Independence Day. chosen pie-receiving No one could have expected the success the attire of a Speedo fund-raiser would turn out to be. The fund- cap and Mickey raiser was a pie-in-the-face throwing contest Mouse poncho. Not which consisted of two phases. First, a pie- to be outdone, we in-the-face recipient needed to be deter- also provided Matt mined. Members of the firm’s management with a shower cap to agreed to be the potential target of the pie. wear. Each potential target had his/her picture Although Erin Ben Grotnes throws a pie in the face of his father, Matt Grotnes, during the on a mason jar which served as a collection won the right to Hopkins and Huebner Red, White and Blue Potluck celebration early in July. site for monetary donations (cash and throw the pie, she Matt received the most donations in a fund-raising event sponsored by the firm coin) by individuals in the firm. Periodic transferred her right for the Iowa Red Cross. counts were taken and charts made to give to Matt’s family who updated totals. The person whose jar col- had secretly (well a lected the most money was the winner of secret to Matt at the pie in the face. least) helped with The second phase of the contest consist- collecting donations ed of determining the pie thrower. A to the cause. Matt’s silent auction sign up was used for this. wife, Julie, and his Bids were placed on the sign up form and two sons, Ben and the highest bidder won the right to throw Sam, made a surprise the pie. visit to the Red, The excitement grew as the day of the White and Blue pie-in-the-face throwing contest drew near. Potluck festivities Not only did individuals within the firm and threw the pie participate, but the word also got out to in Matt’s face. spouses and friends of the potential tar- All-in-all the fund- gets who generously made donations to raiser to benefit the the cause as well. Iowa Red Cross The day of the Red, White and Blue Flood Relief fund Matt Grotnes poses with his family after the pie-throwing incident. Family mem- bers are (from left) son, Ben, wife, Julie, and son, Sam. Potluck finally arrived, and with the help was a success. We 18 THE IOWA LAWYER August 2008 37678_IL 8/4/08 10:33 PM Page 19

ISBA Disaster Relief Task Force seeking $$ for displaced attorneys

A disaster relief task force established by To make a monetary contribution, Harry Schmoll, Marlton, NJ the ISBA in late June is in the process of go to the ISBA website (www.iowabar.org), Harry Shipley, Des Moines collecting funds to be given as grants to click on the “Disaster Assistance Website,” Shirley, Powell, Finneseth, PLC, Perry attorneys who suffered damage to their then click on “Provide Help to Displaced offices, equipment and files from the Attorneys” and finally on “Download Warner Norcross & Judd LLP, tornadoes and floods in Iowa. Contribution Form.” Print the form, Grand Rapids, MI At the end of July, the Iowa Community fill it out and mail it to The Iowa State Lu Ann White, Johnston Relief Fund had received about $8,000 Bar Foundation at the address shown James Carney, Des Moines from individuals and organizations. on the form. During its meeting in early July, the F. Wallace Pope, Jr., Clearwater, FL task force set a goal of raising $500,000 Contributions $25-99: Daryl Roberts, Independence to assist the estimated 300 attorneys who Gary Ankeny, Farley Michael Holleman, Gulfport, MS have been affected. In addition to the relief fund, the task Anne Bachie Fifer, Grand Rapids, MI force has posted information on the ISBA Jacqueline Miller, Eden Prairie, MN Contributions $500 or more: website (www.iowabar.org). The informa- Carrie Bohning, Gulfport, FL Stewart Huff, Dakota Dunes, SD tion includes a form for individuals who Michelle McGovern, Woodward Stephen Kitchen, Vienna, VA want to make a monetary contribution. It Timothy Scholoss, Strawberry Point also has a form for individuals to provide Woods, Fuller, Shultz & Smith P.C., contact information and status reports on Sioux Falls, SD Locher Pavelka Dostal Braddy & attorneys who were affected by the disas- Hammes, LLC, Omaha, NE ters, and to search for contact information Contributions $100-499: Fed Bar Association IA Chapter, for displaced attorneys. In addition, it has West Des Moines links to nearly a dozen documents, includ- Cheryl Bolger, Kodiak, AK ing “Emergency Salvage of Wet Books and Linda Davidson, Sun City Center, FL Records” and “The Psychological Effects Dwight Dinkla, Guthrie Center of Disaster,” that provide advice on how to Timothy Finn, Ames deal with the aftermath of the flooding. Family Law Mediation An Iowa Disaster Legal Assistance Anne Greenberg, Austin, TX Manual has also been developed to give Karen Hegyi, Barrow, AK attorneys a ready resource to answer client Steve Juergens, Dubuque DIANE L. DORNBURG questions related to the disaster. The man- CARNEY & APPLEBY, P.L.C. Flo Lester Vinson, Florence, SC ual, which is set up in a question and answer format covering subjects such Hon. John Lloyd, Osceola PHONE • 515-282-6803 as FEMA contracts and landlord/tenant Jerry and Elizabeth Lykins, arrangements, also contains contact Grand Rapids, MI [email protected] information for the various local, state Candy Morgan, Des Moines www.carneylawfirmiowa.com and federal agencies providing assistance. Available on the ISBA website and at FEMA Disaster Recovery Centers, the manual also provides information for the public. An audio recording from the ISBA Disaster Recovery Telephone CLE pro- gram held a few weeks after the flooding in eastern Iowa can also be accessed from the website. The program contains infor- mation to assist attorneys in answering clients’ disaster-related questions, and a separate presentation on insurance claims. Following is a list of the individuals, law firms and organizations providing money to the relief fund. The task force thanks them for their generosity.

THE IOWA LAWYER August 2008 19 37678_IL 8/4/08 10:33 PM Page 20

Judge Larry J. Eisenhauer Quarterly meeting — receives IJA Foundation board approves grants Award of Merit Iowa Court of Appeals Judge Larry for LRAP, state fair booth J. Eisenhauer, Des Moines, received The Iowa State Bar Foundation Board of to educate the public regarding legal issues the Iowa Judges Association Award of Directors approved two grant requests, in a venue where thousands of people can Merit at the Judges Association meet- deferred a third request, approved a change be reached. It also enables the association ing last month. The award is given in its investment portfolio and re-elected an to improve and maintain a good public annually to recognize a judge who has outgoing member to the board during its image of the legal profession. made extraordinary contributions to quarterly meeting June 17 at the bar head- Deferred was a grant request for $3,615 the Iowa Judges Association and who quarters building. from the Innocence Project of Iowa. IPI has been a role model to new judges. Approved was a request for $25,000 for the requested the funds to host a series of three “It is a well deserved award,” Fifth Loan Repayment Assistance Program, which seminars educating the public about the District Court Judge Joel Novak said. assists attorneys who work in the service sector wrongful convictions of criminal defendants. “Judge Eisenhauer is very hard work- with their student loan repayments. The grant The seminars, which will take place on three ing, extremely bright and has a great will match another $25,000 approved by The consecutive evenings at the state’s two law judicial temperament. He has worked Iowa State Bar Association for the program. schools and Iowa Lakes Community College, tirelessly for the judges association This is the second year that the will examine the systemic causes of wrongful for many years.” Foundation has granted funds to the LRAP convictions and discuss reforms aimed at Judge Eisenhauer, Ankeny, was program, which is designed to support law preventing future wrongful convictions. appointed to the Court of Appeals school graduates in choosing employment Workshops with students and/or attorneys in 2001. He was born in Emporia, in the public interest field, and in retaining will be scheduled during the day at each site. Kansas, and received his undergradu- such employment. To qualify applicants must Board members sent the request back to ate degree from Emporia State be: 1) licensed to practice law in Iowa; 2) IPI with instructions to make the request University in 1968. He then served in employed at a qualifying public interest through an ISBA committee as specified in the United States Army for two years organization providing legal services to the Foundation’s bylaws. before attending Drake University Law the poor, enhancing the administration of In action related to the Foundation’s School. After graduating in 1974, he justice, or providing law-related education investment portfolio, board members heed- practiced law privately and served as to the public; 3) receiving an annual salary ed a suggestion from the investment advisors a juvenile referee in Polk County from less than $50,000; and 4) have a debt from who handle the Foundation’s funds that the 1985 - 1993. He was appointed to the undergraduate, graduate and/or law organization include some international district court bench in 1994 and school loans. funds in its portfolio to increase diversity and served as district court judge until his Applicants can receive up to $5,000 take advantage of the returns international appointment to the court of appeals. per year in assistance. Last year 11 applicants funds have been providing in recent years. were granted assistance from the combined Judge Eisenhauer is a member of In other business, the Foundation board $50,000 provided by the Foundation and the the Polk County and Iowa State Bar members: ISBA. The money given to each applicant is Associations and the National Council • Re-elected Joe Lauterbach for another of Juvenile and Family Court Judges. to be used in making loan payments, not simply to reduce the principal of the loan(s). term after his initial three-year term on In 2005, Judge Eisenhauer served as Also approved was a request for $10,000 the board expires June 30. an international judge for the United for the ISBA booth at the Iowa State Fair. • Decided that they should have a retreat Nations Mission in Kosovo. Requested by the ISBA Public Service to do some strategic planning. The Project, the grant enables the association retreat is tentatively set for Sunday, Sept. 21, at the home of Cynthia Moser in Sioux City. Board member Diane COMPUTER FORENSICS • ELECTRONIC DISCOVERY Kutzko volunteered to survey other bar foundations she works with in her If you have not yet selected what firm you are going to role as an ABA delegate. e-discovery Computer Forensic use for your and support, • Heard a report from board member we can help you with your cases. Our certified technicians Paul Tyler regarding questions that were search computer disk drives and other electronic media raised in his review of the Foundation’s to capture hidden or deleted data. bylaws. Among the questions: Who can call a special meeting of the Foundation? THE CONLEY GROUP,INC. • DES MOINES,IOWA Since the ISBA Board of Governors elect the directors for the Foundation, should Toll Free: (800) 383-6813 or Local: (515) 277-7437 the Foundation have a nominating com- E-mail: [email protected] mittee to recommend candidates to the Web: www.theconleygroup.com BOG? Should the Foundation have a finance committee? 20 THE IOWA LAWYER August 2008 37678_IL 8/4/08 10:33 PM Page 21

Iowa claims 2008 Dean’s Cup; first time in four years By Gregory Kenyon*

Seventy two golfers participated in spirited competition at the Fourth Annual Dean’s Cup in per- fect golf weather, a little sun, a little wind, and some rain, at the Blue Top Ridge Golf Course in Riverside, a few minutes south of Iowa City The University of Iowa College of Law, led by Captain Judge Art Gamble, bested the Drake University Law School captained by Justice Mark Cady to claim the coveted Dean’s Cup ending the Bulldogs’ three-year reign. After the singles round of match play, the Hawkeyes were ahead, 20 points to 16. The Bulldogs battled back in the two-man better-ball and best-ball matches to take the lead at 37 to 35. The competitors and Members of the University of Iowa team (from left) Judge Art Gamble, Jeff Courter, Dean Carolyn Jones and Judge supporters waited anxiously for the Ronald Longstaff celebrate the U of I’s win over Drake in the annual Dean’s Cup golf competition. This is the first time best-ball teams to finish and report in the four meetings between the two schools that Iowa has won the trophy. (Photo by Emily Gould Chafa) in as once again they would prove the difference. When the scores were the cup based upon the well-accepted tions and silent auction events. Included tallied, the Hawkeyes had broken through legal principle of adverse possession, cit- in the auction this year was a week at the for a win by the total score of 42 to 40. ing the continuous, open and notorious golf mecca of Hilton Head, S. C., and In best-shot play, the Iowa team of Chris possession by Drake. His discourse was some hand-crafted collectible golf clubs, Fry, Rick Fry, Gary Streit and Lauren Cole interrupted by the men and women in all of which were donated by friends of fired a 64 to claim the low score. black who offered equally well reasoned Iowa Legal Aid. Following close behind was the Iowa team and thoughtful opinions on the issue. Make plans now to participate in 2009. of Judge Ron Longstaff, Judge Colin Witt, After completion of the requisite forms The date and location for the 2009 event Eric Tindal and John Hodges with a 67 for applying for CLE credit, the cup was deliv- will be announced shortly. second place. When the results were all in ered to Dean Jones and Captain Gamble. for the best shot, Iowa had taken the first Iowa Legal Aid was also a winner as *Gregory Kenyon has been involved with the two places and tied for third. awareness of its mission was increased annual Dean’s Cup competition since its incep- In the match-play competition, several tion, and has written articles about it for the last along with several thousand dollars, which players turned in stellar performances four years. He practices with the firm of Bradshaw, were raised through registrations, dona- garnering the maximum of six points Fowler, Proctor and Fairgrave, PC in Des Moines. in three nine-hole matches. Those players were Matt Adam of Iowa, and Garry Cox, Ross Gibson, Jim Sayre, Jr. and Jeff Boehlert of Drake. The flag events were equally divided between the teams as Iowa’s Eric Tindal won closest to the pin, Lauren Cole of Iowa won the women’s long drive and Matt Moore of Drake won the men’s long drive and long putt. As Dean David Walker of Drake reluc- tantly prepared to surrender the cup to Dean Carolyn Jones of the University of Iowa, he offered an argument to retain

THE IOWA LAWYER August 2008 21 37678_IL 8/4/08 10:33 PM Page 22

TRANSITIONS KUDOS

David H. Mason has Melinda G. Young has Dennis Groenenboom become a partner in the law joined the law firm of Cartwright, was recently cited in the Des firm of Redfern, Mason, Larsen Druker & Ryden in Marshalltown. Moines Register’s “People on & Moore, P.L.C., in Cedar Falls. Melinda received her B.S. in the Move” column for celebrat- David received a B.S. degree in Business Management from ing his 30th year with Iowa Business Administration from Friends University in Wichita, Legal Aid on July 1. He has David H. Melinda G. Mason Miami University in 1995, and Young Kans. in 2003 and her J.D. from Dennis served at the organization’s his J.D. from the University of Washburn University in Topeka, Groenenboom executive director for 16 of Iowa in 1998. His practice includes corporate Kans. in 2006. Prior to joining those years. He has also served law, mergers and acquisitions, real estate and the firm, Melinda worked at the Bradshaw Law on various ISBA committees. estate planning. Firm in Des Moines. Her practice includes insurance law, professional liability and busi- Gregory W. Landry of ness and personal injury litigation. Jared W. Hill and Alex P. LaMarca & Landry, P.C. was Galyon have joined the Beving, elected to the board of direc- Swanson & Forrest, P.C. law Christian P. Walk has joined tors of the American Board of firm in Des Moines as associate the Des Moines firm, Nyemaster, Professional Liability Attorneys attorneys. Jared received his Goode, West, Hansell & O’Brien, at its 2008 annual meeting in B.S. in Business-Marketing from P.C., as an associate in the litiga- Atlanta in June. He will serve Jared W. Hill Gregory W. Iowa State University in 2001 tion department. Christian earned Landry on the board until June 2009. and his J.D. from the University his B.A. from the University of Christian P. of Nebraska in 2005. Jared Northern Iowa in Broadcast Walk Lori T. Chesser of the practices primarily in the areas of agricultural Journalism in 2002 and his J.D. Davis Brown Law Firm in law, environmental law, business law, real from Drake University Law Des Moines recently received estate and litigation. School in 2007. a presidential award from The Alex received his B.S. in American Immigration Lawyers History from Iowa State Alison E. Schroder has Association at the 2008 AILA University in 1987 and his J.D. Lori T. Chesser joined the firm of Grefe & Annual Conference on from Drake University Law Sidney, P.L.C. in Des Moines Immigration Law in Vancouver, School in 1993. He will engage as an associate. Alison received B.C. The award was entitled in a general practice at the firm, her J.D. from Drake University “Outstanding Service in Preparing for ICE with primary emphasis in bank- Alex P. Galyon in 2007 and will practice in the Large Scale Enforcement Actions.” Chesser ruptcy, real estate, business, con- Alison E. litigation division of the firm. and her 11-person immigration department tracts and landlord/tenant law. Schroder has been a resource for individuals and fami- lies affected by the recent Postville raids.

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

22 THE IOWA LAWYER August 2008 37678_IL 8/4/08 10:33 PM Page 23

Chris Luzzie receives Arabella Rule change affects lawyer trust accounts Mansfied Award from Iowa maintained at credit Organization of Women Attorneys unions Iowa Legal Aid Deputy Director Chris leadership role A recent, important change in Iowa Court Luzzie became the seventh recipient of on the recently Rule 45.3 impacts the deposit of lawyer trust the Arabella Mansfield Award from the completed Joint account funds in accounts at credit unions. Iowa Organization of Women Attorneys Judges Association The effect of the change is that Iowa lawyers during the organization’s annual meet- and Bar may deposit client funds in trust accounts at ing, June 19. Association Task credit unions only if the individual client is eligi- In nominating Luzzie, Deb Tharnish, Force on Pro ble in his, her, or its own right to be a member 2005 recipient of the award and vice Se Litigants. of the credit union. The change is necessary president of the Iowa Legal Aid Board In her accept- because depositor insurance is available at of Directors observed: “Chris’ impact on ance Luzzie gave credit unions only to the extent that the individ- Iowa Legal Aid and practice of poverty credit to her ual client is eligible to be a member. law in the state of Iowa is immense, and father who, an Section 745.0 (Scope) of the rules of the Chris has been an effective mentor for attorney himself, admonished her to National Credit Union Administration (NCUA) women attorneys interested in public mentor others. “He truly led by example provides that NCUA does not extend deposit service. She has led by example, has and made it clear that we must teach not insurance coverage to any persons not entitled taught numerous women attorneys the only what could be done, but what basics of the practice of law and has also should be done” she recalled to maintain an insured account in a credit emphasized the need for ethical and The Arabella Mansfield award is union. Section 745.3(a)(2) of the NCUA rules civil behavior in the profession.” named for the first woman lawyer admit- addresses deposit accounts held by agents and Luzzie, a 1975 graduate of the ted to the practice of law in the United nominees, and provides that the deposit insur- University of Chicago College of Law, States. Mansfield was admitted to the ance limits are applied based on the actual has advocated on behalf of the hope Iowa Bar in 1869 despite the fact that owner of the funds, rather than the nominal and dignity of low-income Iowans Iowa law then required an applicant to agent making the deposit. through her service with Iowa Legal Aid be white, male and over the age of 21. An opinion letter issued by the National since 1980. She has made a substantial The award was established by the Credit Union Administration (NCUA) on Sept. commitment to the legal community as I.O.W.A. in 2002 to recognize outstand- 17, 1996 makes clear that lawyer trust accounts well, serving on the Board of Governors ing women lawyers in Iowa. Previous will be treated as agent accounts subject to the of The Iowa State Bar Association and recipients are Roxann Ryan, Judge provisions of section 745.3(a)(2). The result is on many ISBA committees. She cur- Celeste Bremer, Emily Gould Chafa, that clients whose funds are deposited in the rently serves as chair of the Appellate Deborah Tharnish, Michelle McGovern trust account must be eligible to be members Practice Committee, and took a and Judge Ruth Klotz. of the credit union to qualify for insurance on their deposits. In a rule-making proceeding that concluded in late 2006, the NCUA refused to amend sec- tion 745.0 to provide insurance coverage of ...Let us assist you in trust accounts at credit unions that would be settling your next case. the equivalent of trust account coverage provid- ed at banks by the Federal Deposit Insurance Corporation (FDIC). The NCUA confirmed that Over 90% of cases the 1996 opinion still represents its position mediated are settled. on the issue. Based on the rule change, the Client Security Commission recommends that Iowa lawyers • Mediation & Arbitration maintaining trust accounts at credit unions James P. McGuire review each current client for whom trust McGuire Law Firm, P.C. • Certified Mediator by the monies are held, to confirm the client’s individ- International Academy of ual eligibility to be a credit union depositor. In 101 South Delaware Avenue addition, a comparable review process is rec- Mason City, Iowa 50401 Dispute and Resolution ommended each time funds are deposited for a new client. 641-424-1614 • 641-424-1568 (Fax) More than 35 years Questions regarding the rule change may [email protected] or experience as a be directed to the Office of Professional [email protected] Trial Lawyer Regulation, at telephone (515) 725-8029.

THE IOWA LAWYER August 2008 23 37678_IL 8/4/08 10:33 PM Page 24

The Iowa State Bar Association would like to thank the following vendors who exhibited at the 2008 Annual Meeting:

Reynolds & Reynolds, Lawyers Assistance Program Legal Technology Services, www.reynolds-reynolds.com www.ltsia.com I.O.W.A. (Iowa Organization Kubik’s Voice Technology of Women Attorneys), Timely Office Solutions Solutions Inc., www.iowawomenattorneys.org kubikvs.com Eide Bailly LLP’s Forensic ICIS, Accounting & Investigative Services, Langel Pat Clothiers, www.iowacourts.state.ia.us/ www.eidebailly.com/services/forensic 1355 50th St., West Des Moines, ESAWebApp/DefaultFrame IA 50266 Title Guaranty, Iowa Association of Mediators, www.ifahome.com/index.cfm?nodeID Lexis Nexis, iamediators.org =9909&audienceID=1 www.lexisnexis.com Iowa Mediation Services, Iowa Department of Elder Affairs, Storey Kenworthy, www.iowamediationservice.com www.state.ia.us/elderaffairs www.storeykenworthy.com Iowa Association of WahlTek Inc., Legal Directories Publishing Co., Legal Assistants, www.wahltek.com/Wahltek/Current legaldirectories.com www.ialanet.org Site/Welcome/welcome.aspx Commission on CLE, ESGR (Employer Support ABA Retirement Funds, Client Security Commission, of The Guard and Reserve), www.abaretirement.com www.iacourtcommissions.org/icc www.esgr.org Easy Productive Solutions (EPS), Lockton, ARAG, www.presstheeasykey.com/index.html www.lockton.com/Industry- www.araggroup.com Expertise/Affinity/Default.aspx Iowa Legal Aid, Legislative Services Agency, www.iowalegalaid.org/ia/ Karrow Consulting Inc., www.legis.state.ia.us/Central/ homepage.html www. karrowconsulting.com Fiscal.htm Go Next, ISBA Public Service Project Finra Dispute Resolution, www.gonext.com www.finra.org/index.htm Choosing

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YLD President’s letter — YLD offers “Help!” to disaster victims By Matt McDermott, YLD President

This is the first of several pieces that hundreds of callers. The YLD is coordi- nesses presenting the good people at The Iowa Lawyer have nating with the ISBA Public Service the mock trials. offered to publish during my one-year Project for additional weeks of intake The YLD term as president of the Young Lawyers should demand on the hotline warrant it. Summer Seminar Division. These pieces are the YLD presi- I would like to recognize our outgoing Committee host- dent’s forum to proclaim to the entire ABA/YLD representative, Tracy Deutmeyer, ed one of Iowa’s membership the many good works that for the countless hours she has devoted best continuing YLD members are doing. to the YLD’s disaster relief effort. In par- legal education events, once again at Lake I may be a member of the Young ticular, Tracy is to be commended for her Okoboji, on August 8-9. Lawyers Division, but I am curiously drawn work in creating a disaster assistance man- It is no surprise that the Summer Seminar to music found only on oldies stations. ual, and her coordination of assistance continues to grow in popularity, as it Ask me to list my favorite bands, and I from FEMA and the in-person legal intake offers the perfect balance of professional am liable to name groups that made their table in Cedar Rapids. development and family relaxation. mark before Annie Hall won the Oscar I’ve always found it interesting that the The YLD Justice For All Committees for best picture. My favorite band, The Beatles added an exclamation point to the have organized their annual golf fundrais- Beatles, broke up seven years before I was song title for “Help!” There are very few ers in Cedar Rapids and Des Moines. The born. In thinking about the YLD’s work popular song titles that end with an excla- Eastern Iowa event took place July 24, and the past few months, it is of course a mation point. (OutKast’s ubiquitous “Hey the Central Iowa event is Aug. 15. A por- Beatles song — “Help!” — that begins Ya!” from several years ago is an excep- tion of each player’s entry fee and all playing in my head. tion. Perhaps not coincidentally, the sponsorship money at each event goes to After the devastation caused by the music video for that song parodied The promote and encourage the provision of tornado in Parkersburg, the ISBA Public Beatles’ performance on The Ed Sullivan pro bono legal services. Service Project set up a hotline to address Show.) The exclamation point reinforces It is impossible to speak of the YLD’s the legal needs of those affected by the the need for urgent assistance conveyed in Justice For All Committee without remem- tornado. When floodwaters a few weeks the song. The YLD did its part to act bering Behnaz Soulati. On June 9, later caused more widespread damage, quickly in response to the public’s need Behnaz — our colleague, our friend, our the hotline expanded to reach the many for immediate help. better angel — died from cancer. On top thousands more who suddenly possessed of the innumerable charitable works to important and potentially time-sensitive The YLD remains busy on other fronts which Behnaz devoted herself, she also legal questions from the floods. With the as well: co-chaired for many years the Justice For increase in callers to the hotline came a The YLD State Fair Committee once All Committee. Even within the past few greater need for volunteer intake attor- again is presenting its ever-popular “Trial months, Behnaz was helping to organize neys. Enter the YLD. By Jury” mock trials each night at the Iowa the Justice For All golf fundraiser benefit- Here’s how the hotline works: Anyone State Fair, August 7-16. Fairgoers are cho- ting the ISBA Public Service Project. affected by the tornado or flood in need sen to act as jury members, with volunteer What a loss her passing is, on so many of legal assistance can call the toll-free attorneys, judges, court reporters, and wit- levels. Behnaz was the best of us. hotline. Basic information is taken down. If the caller meets the income or age eligi- bility requirements for Iowa Legal Aid, the caller’s contact information is provided to Iowa Legal Aid for follow up. The contact MEDIATION SERVICES information for all other callers is provid- ed to a YLD volunteer. The YLD volun- A. Frank Baron teer then follows up with the caller, per- forms intake concerning the legal issues Q to be addressed, and provides advice or, 750 Pierce Street • P.O. Box 717 alternatively, refers the matter back to the Public Service Project for case assignment Sioux City, Iowa 51102 to a lawyer with expertise in the particular area of need. (712) 277-1015 YLD volunteers covered the ISBA hot- line each business day from June 26 [email protected] through July 25, performing intake for THE IOWA LAWYER August 2008 25 37678_IL 8/4/08 10:33 PM Page 26

CLASSIFIED ADS

PARALEGAL — TIRED OF BIG CORPO- PUBLISHER’S NOTE: E-mail submissions to the CLASSIFIED ADVERTISING section RATE OFFICES? Sole practitioner looking are requested. They save keystrokes, thus cutting down on our production time, and for an experienced paralegal. help to assure accuracy. Please follow the style of the ads appearing here, indicate the Responsibilities include all aspects of file classification where you want your ad to appear and state how long the ad is to run. development (client contact, discovery, Each ISBA member of a private law practice receives two free insertions annually. scheduling, medical summarization, deposi- Corporate and government attorney members of the association receive the same free tion abstracting, etc.). Benefits include flexi- privileges for their business, non-employer-related ads. If you have questions, call Steve ble hours (full or part-time), excellent pay Boeckman at 515-243-3179. E-mail your copy to [email protected] and paid vacation. Gorgeous office located The number appearing in parentheses after each ad is not a box number. It indicates in Urbandale — NO DOWNTOWN COM- the date the ad will be pulled from the magazine. (TF) indicates the ad will run until MUTE OR PARKING COSTS. All inquires we receive instructions to pull it. Deadline for submissions is the first of the month kept in strict confidence. Please send prior to the month of publication. resume, references and salary requirements COMMERCIAL ADVERTISERS: Contact Shannon Espenscheid, 641-474-2280 to: Robert E. Tucker, Tucker Law Office, or David Larson, 515-440-2810. 2400 86th Street, Ste 35, Des Moines, IA 50322, (515) 276-8282, (515) 276-4001 fax, email: [email protected]. (9-08) Positions Available ence in the areas of Iowa workers’ compen- sation defense and general litigation, and an GENERAL COUNSEL — Credit Management Services, Inc., an account ATTORNEY — The Cerro Gordo County entry-level associate (new graduate or prac- recovery agency located in Grand Island, NE Attorney’s Office has an opening for a full ticing attorney with up to two years of experi- seeks an attorney with 0 to 3 years experi- time assistant county attorney. The opening ence) to practice primarily in the areas of ence to join our growing company. Our is available effective Aug. 11, 2008. The probate, estate, tax, and business law. company has been in business for over 50 salary range is $36,000 to $50,000 depending Applicants should have a demonstrated years and we serve over 1,700 clients in on qualifications. Cerro Gordo County interest in these areas shown through Nebraska, Iowa, Kansas and South Dakota. Attorney does provide employee benefits course work and/or work experience. Ideal candidate will posses a Nebraska and is an equal opportunity employer. All Successful candidates will have a business license or be willing to obtain said license as applicants should send a resume to the degree, with an Accounting major or MBA preferred. Please mail, fax, or email letter soon as possible. Experience in collection attention of: Paul L. Martin, Cerro Gordo law is a plus. This position offers competi- of interest and resume to: Stacie Gruber, County Attorney, 220 North Washington tive compensation plus comprehensive bene- Dickinson, Mackaman, Tyler & Hagen PC, Avenue, Mason City, IA 50401 (10-08) fits. Qualified candidates should submit 699 Walnut Street, Suite 1600, Des Moines, resume and cover letter to Kevin Fries, ATTORNEY — Southwest Iowa, county seat, IA 50309; Fax: (515) 246-4550; Email: Recruiting Coordinator, PO Box 1512, Grand general practice law firm seeks attorney with [email protected]. (10-08) Island, NE 68802 or [email protected]. 1-3 years of experience in the general prac- Inquiries will be held in confidence. (9-08) tice area. We are looking for a candidate ATTORNEY — Justice For Our Neighbors- Iowa (JFON-Iowa) has an immediate open- who wants to commit to becoming a partner ASSOCIATE WANTED — Established in our firm. Please submit cover letter to: ing for a full-time staff attorney. The attor- AV-rated firm, with substantial litigation The Iowa Lawyer, Code 063008, 625 East ney will be responsible for carrying out the practice, offices in Cedar Rapids and Iowa Court Ave., Des Moines, IA 50309; e-mail: mission of JFON-Iowa which is to welcome City, seeks motivated attorney with one to [email protected]. Please include code num- immigrants and refugees into our churches three years litigation experience. Resume ber on envelope if mailing, and in subject and communities by providing free, high to Timothy J. Hill, Bradley & Riley PC, PO line if e-mailing. (10-08) quality immigration legal services, education Box 2804, Cedar Rapids, IA 52406-2804, and advocacy. The attorney may be located or e-mail [email protected]. (SE) ASSOCIATE ATTORNEYS — Dickinson, in Des Moines, Sioux City, Cedar Rapids or Mackaman, Tyler & Hagen P.C. seeks to add Iowa City. The preferred candidate will have attorneys in the following areas: An associate immigration law experience and the ability Career Center attorney with three or more years of experi- to effectively communicate in English and Spanish. Some travel in Iowa ARE YOU SEARCHING for a new required. Please send your resume associate or law partner? Are you looking to P.O. Box 41006, Des Moines, IA for a different full- or part-time position? 50311. (10-08) Go to www. iowabar.org and click on the ISBA Career Center. (TF) ATTORNEY — Well established four-attorney general practice firm in Northwest Iowa, looking to hire Expert Software an experienced (3 to 5 years) attor- LegalWorks Guidelines for Iowa. Windows ney in general practice. Inquiries version. Calculates child support pursuant to will be held in confidence. Please Iowa child support guidelines worksheet and send cover letter, resume and law client’s financial affidavit. Call 888-282-5291 school transcript to: The Iowa for pricing and delivery information. Lawyer, Code 071808, 625 East Satisfaction guaranteed. LegalWorks Court Ave., Des Moines, IA, 50309; Software, P.O. Box 22127, Des Moines, Iowa e-mail: [email protected]. (10-08) 50325. www.legalworkssoftware.com (SE) 26 THE IOWA LAWYER August 2008 37678_IL 8/4/08 10:33 PM Page 27

of age or older or a resident of a facility. area, break room, storage. Flexible lease. Experts The personal representative or executor Please call Mindie at 309-786-6868 or e-mail ARCHITECTURE AND may be held personally liable for the amount [email protected]. (SE) CONSTRUCTION EXPERT WITNESS — of medical assistance paid on behalf of the OFFICE SPACE — Downtown Des Moines Architect, and Contractor, 34 years experi- recipient if a distribution is made without having executed the obligations pursuant office space available in law offices located ence. Available to section 633.425. For further information, in the U.S. Bank Building across the street to assist plaintiff or defense attorneys. contact: Ben Chatman, 877/463-7887, from the Polk County Courthouse. Includes Specializing in: 515/725-1005, www.iowa-estates.com. (SE) phone system with voicemail, copier, fax, •Building Codes kitchen, lounge, two conference rooms, and Uniform Building Codes (UBC, UMC, NOTICE CRIME VICTIM SUBROGA- free client parking. Receptionist provided UPC, UEC, UFC) – Americans with TION. Do you represent a client who has and paralegal services available. Phone Disabilities Act (ADA) – OSHA – received medical benefits, lost wages, loss of 515-252-7501. Fax 515-282-8470. (SE) International Building Code (IBC) – Life support, counseling or funeral and burial Safety Code (NFPA 101) – Council of assistance from the Crime Victim American Building Officials(CABO) Compensation Program of the attorney gen- OFFICE SPACE AVAILABLE •Industry Standards eral’s office? When your client applied for • Attorney Wanted..Attorney Wanted American Institute of Architects (AIA) – compensation benefits, a subrogation agree- • Ideal for Fresh Start or Expansion Associated General Contractors (AGC) – ment was signed pursuant to Iowa Code sec- • Strong Demand for Gen Prac or National Fire Protection Association tion 912.12 (1995). The attorney who is Real Estate (NFPA) – American National Standards suing on behalf of a crime victim should give • Great Location in Des Moines Institute (ANSI) – American Society of notice to the Crime Victim Compensation Testing Materials (ASTM) – Underwriters Program upon filing a claim on behalf of the in High Growth area near Easter Laboratories (UL Standards) – American recipient. The Crime Victim Compensation Lake & Bypass Society of Refrigeration Engineers Program will pay a prorated share of the • Join team of existing Investment, Association (ASREA) expenses incurred in obtaining a judgment Tax and Mortgage Services with •Usual and Customary practices or verdict. Questions? Contact Rob Wheeler, Referral Sharing Safety – Owner – Contractor relations Program Administrator, Crime Victim • Classy 450 sq ft includes reception Undocumented agreements / Change Assistance Division, 515-281-5044. (SE) area, utilities, trash, break room, orders / Cost overruns easy parking Workmanlike craftsmanship – • Excellent signage available; Construction methods internet 8Mbs; Security System Licenses, Affiliations and Memberships: Office Space Available • Will email pictures Architectural Licenses: Iowa, Nevada, FOR RENT — One office space with high Contact: [email protected] Indiana – National Council of speed DSL, all utilities and conference room 515-285-4529, 2 East Army Post Rd Architectural Registration Boards use included. Excellent WDM location in (SE) (NCARB) – International Conference existing law firm. Easy freeway access. of Building Officials (ICBO) – Iowa $800/month. Please contact: Association of Building Officials (IABO) – Personal [email protected]. (10-08) National Safety Council (NSC) – IF DEPRESSION, STRESS, ALCOHOL Iowa/Illinois Safety Council (IILSC) – OFFICE LEASE OPPORTUNITY — OR DRUGS are a problem for you, we can National Fire Protection Association(NFPA) Elegant, modern professional law office in help. We are a non-profit corporation offer- John G. Kujac, NCARB • 515-795-4001 downtown Dubuque, with views overlooking ing attorneys free help in a totally confiden- (SE) the historic ice harbour and just blocks away tial relationship. We are the Iowa Lawyers from the Dubuque County Courthouse. Assistance Program. Under order of the Miscellaneous Covered ramp parking and elevators for easy Iowa Supreme Court, all communication access for clients. Reasonable overhead, and with us is privileged and private. Our direc- NOTICE: — MEDICAID RECOVERY availability of support staff with 15 years of tor is a former lawyer, a recovering alcoholic PROGRAMS: Casualty Lien Recovery – experience. Internet, telephone, conference and drug addict. He is a trained substance Iowa Code 249A.6 provides that the Iowa rooms, kitchen and fully equipped work- abuse counselor and an Employee Assistance Department of Human Services has a lien room complete with necessary office equip- Professional (EAP). We cannot help unless against the recovery recipients obtain ment. Please contact Wayne A. Norman, Jr. you call — 515-277-3817 or 800-243-1533 from third party tortfeasors. An attorney at The Norman Law Firm, P.C. 300 Main — or message (in confidence) representing an applicant for, or recipient Street, Suite 323, Dubuque, IA 52001. 563- [email protected]. All you have to do is of, assistance on a claim upon which the 552-1042 or [email protected]. (9-08) ask us to contact you. No other details are department has a lien under this section shall notify the department of the claim. ILLINOIS QUAD CITIES OFFICE For further information, contact Victoria OPPORTUNITY — Beautiful Class A exec- Vivirito, 515/725-1007. utive office space to share with small law Estate Recovery — Iowa Code 249A.5(2) firm. Fully equipped and furnished private provides that the provision of medical office within executive suite; full time admin- assistance creates a debt due the depart- istrative and office services, including multi- 1-800-773-2727 ment from the individual’s estate for all line telephone, fax machine, printers, copier, Tony Rees CPA, ABV Dennis Taylor CPA, MBA, ABV medical assistance provided on the indi- scanner, high speed internet, large meet- CPAABV.COM vidual’s behalf for those recipients 55 years ing/conference room, reception area, work THE IOWA LAWYER August 2008 27 37678_IL 8/4/08 10:33 PM Page 28

CLASSIFIED ADS

necessary. We will call you. The Iowa Lawyers Assistance Program also can provide speakers Addendum to 2007-08 Annual Report for local bar associations. Just ask. (TF) (Editor’s Note: The following report was accidentally left out of the 2007-08 Annual Report, which was published in the July 2008 Prime Lake-Front Iowa Lawyer. It is being published here. We regret the inconvenience Lots for Sale this may cause anyone.) SUN VALLEY LAKE — Spring Fed Lake! • Invest in or build your executive home Environmental The Environmental Law Section on combined, lots 211 & 212 Valley Dr. Law Section Council has had several telephonic • Sun Valley Lake in South Central Iowa Thomas Lipps, J.D. meetings this year as well as a meeting only 75 miles S. of Des Moines! at last year’s annual CLE. The minutes • These timbered lots are truly a UNIQUE FIND and opportunity for you! Enjoy The 2008 are posted on the ISBA website. 143 shoreline Ft, situated just off the Environmental Jim Pray provided the section with a main lake in a good sized, deep water Law and Natural summary of the 2008 legislative ses- fishing cove with a spectacular views! Resources seminar sion, which appears on the ISBA web- • Walk this gentle sloped .84 Acre wooded is scheduled for site. Also, Ed Tormey of the DNR pro- lot and find yourself in a canopy of mature hickory & oak trees. Friday, October 17, at the new ISBA vided the DNR’s summary of the 2008 • Lot dimensions are 143 shore x 157 office in Des Moines. This is a new legislation, which also appears on the road x 240 x 246 location. Although an agenda is still ISBA website. Call Phyllis Lauritsen United Group, being developed, there will be number Brenda Myers-Maas is chair of the Inc. NP Dodge 515-419-5315 or visit my of interesting topics and speakers. CLE committee and is finalizing the website at sunvalleylakehomes.com for 2008 agenda. Fifty-eight people more information. (SE) Henry Marquard, the new EPC chairman has agreed to speak on attended the Environmental Law CLE current topics of interest regarding on Oct. 19, 2007, which was held in THE IOWA STATE the EPC. There will likely be some- Des Moines. BAR ASSOCIATION one from the DNR, who will provide a presentation of current activities. www.iowabar.org

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Meet Frank Carroll – New ISBA vice president has learned a lot from the association; he wants others to enjoy the same experience By Steve Boeckman, Editor

Frank Carroll tackles some of the mountains of paperwork that are part of his busy law practice in his office in the new Davis Brown Tower in downtown Des Moines. Some of the skyline of the city can be seen through the window behind him. He would like to see others gain as much from the ISBA as he has.

When you meet him, it soon becomes obvious that Frank Carroll, the ISBA’s new vice president as of July 1, is full of one liners. They’re funny because they come out of left field, delivered with a straight face when least expected. For example: “It’s like slow motion now,” is how he describes the basketball games that he and his colleagues play on Thursday nights in a gym rented by his firm Davis, Brown, Koehn, Shors & Roberts PC in Des Moines. “It’s more of a battle than play,” he says of his golf game, which he tries to work on twice each weekend. “Dad used to watch Perry Mason,” is one of the reasons he gives for becoming a lawyer. However, it’s equally obvious that the veteran Des Moines lawyer has a serious side. He observes activities around him and learns from them. And he thinks about what they mean and how they might be improved. For example, in his affiliation with the ISBA as a member of the Taxation Section, as chair at one time of the Business Law and the

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Corporate Counsel Sections and as a Born in Albuquerque, N.M., in a family St. Louis. At the time, it was one of the member of the Board of Governors, he that moved every two or three years Big 8 accounting firms in the country. has come to realize that the organization because of his father’s job in retail store He liked his work in accounting, espe- offers a great number of benefits for management, Frank graduated from cially the tax work, but became intrigued members. He’s not sure many members Marquette Catholic High School in with the transactional side of the business are aware of those benefits. Part of his Alton, Ill. He went on to receive a B.A. and thought that he could do a better job goal as an officer is to increase members’ in accounting with a minor in philosophy as an attorney in that arena. So he applied awareness of existing benefits and to at St. Louis University then joined the and was accepted at the University of expand those benefits. Arthur Young accounting firm in Illinois College of Law. He graduated from law school and passed the bar exam in 1973. There were opportunities to join firms in cities such as Chicago, and Nashville Tenn., and Houston. He didn’t like the commute in those places, however. He interviewed at the Davis Brown firm in Des Moines and took an instant liking to it. Apart from the caliber of the attor- neys in the firm, he liked the idea that the firm had a basketball team that played in the YMCA leagues. In fact, the firm had a team until about five years ago when it was disbanded because the YMCA “couldn’t find a league bad enough to accomodate us.” He also liked the firm’s interest in golf. After 35 years as an attorney, his practice has evolved into work primari- ly in tax, corporate, partnerships, mergers and acquisitions and joint ventures. “I’ve been very fortunate,” he says. “I’ve been able to work on some interesting transactions.” In addition, he has lots of clients who are easy to deal with, and “who tolerate me,” he says. One of his most interesting cases occurred a number of years ago when he and a hog producer client success- fully settled with a packer for can- celling a contract. He and the produc- er were visiting about another matter when the producer received a phone call. He excused himself to take the call then came back to the meeting without saying anything about the call. At the end of the meeting on the business at hand, the producer mentioned that the phone call was from the packer cancel- ing the contract. One thing led to another and the two were able to get a substantial amount in redress from the packer. “I really felt like I was doing someone some good in that situation,” he says. “My practice doesn’t offer the same

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kind of satisfaction that lawyers receive when they represent schools. He already has some firsthand knowledge of Drake someone who is underprivileged and win.” University’s Law School. He teaches a course in business Frank says he has gotten a great deal of satisfaction out of planning there. working on the various ISBA committees and sections. When In addition to the extracurricular activity of teaching at Drake, he was on the Taxation Section, he came to know some of the Frank also spends time serving on the Iowa Ag Development tax giants in the Iowa legal community such as Orville Bloethe, Authority Board. In the past, he was a board member with the Dave Bibler and Jim Lohman. He also was exposed to different Variety Club and with Junior Achievement. areas of tax outside of the corporate and partnership tax mat- For a man who responded with a quick “no idea, Dad used to ters that occupy most of his practice. As a result, he has gained watch Perry Mason” when asked why he became a lawyer, Frank a great deal of appreciation and respect for the annual tax Carroll has come a long way. He hopes to put his experience to school that the ISBA holds. The attorneys who attend tax work in a concerted fashion as an officer with the ISBA. school really need the information presented there, he says. He had a similar experience when he was a member of the Business Law Section. It was during this time that the section worked on the original Limited Liability Company Act for the state. As he recalls, Iowa was about the eighth state to enact a law creating an LLC as a business structure. “It was interesting that I could get involved with those things,” he says. Again, one of the pluses of his involve- ment was getting to meet lawyers around the state who have concerns different from his. Married to Marilyn, a physical therapist at Mercy Medical Center in Des Moines, since 1969, Frank says he sought an officer position because he “liked being on the BOG” and wanted to continue being a part of setting policy for the association. He’s not thinking too much about his goals as president two years down the road — assuming the members continue to elect him — because it’s difficult to say what the needs might be at that time. He equates his situation now to raising a family (he and Marilyn have three grown daughters). About the time “you think you have it figured out, something changes,” he says. “The direction will evolve over the next few years.” However, he’s pretty sure he’ll want to continue emphasizing the bar’s CLE pro- grams. He’ll probably also push for more member involvement in economic devel- opment in their communities. And, he’ll be looking for more ways that women and minorities can participate in the association. He also feels that it’s important for the ISBA to remain heavily involved in legisla- tion to keep the state’s laws, especially busi- ness laws, as up to date as possible. In addi- tion, he wants to maintain and expand the relationships with the state’s two law

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