THE Volume 69 Number 6 June 2009

ALSO IN THIS ISSUE • President Moore’s farewell letter • Ethics Opinion: Use of lawyer and Introducing firm names • Spirituality and the law rd • Honoring those who provided pro the ISBA’s 123 bono hours • Is there a place for twittering in the law practice? president ABA_Ad_8.5x11_4c_Iowa_inv.qxd 4/29/09 12:58 PM Page 1

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You should consider the investment objectives, risks, charges and expenses of the investment options carefully before investing. Please refer to the most recent Program prospectus for such information. For a copy of the Prospectus with more complete information, including charges and expenses associated with the Program, or to speak to a Program consultant, call 1-877-945-2272, or visit www.abaretirement.com or write ABA Retirement Funds P.O. Box 5142, Boston, MA 02206-5142 - [email protected]. Please read the information carefully before investing. The Program is available through the Iowa State Bar Association as a member benefit. However, this does not constitute, and is in no way a recommendation with respect to any security that is available through the Program. 04/09 CONTENTS THE President’s letter: Transitions...... 32 Volume 69 Number 6 June 2009 Extraordinary challenges – Moore...... 4 Photo & Caption: Bar Leadership Institute...... 33 Formation issues in Published at 625 East Court Photo & Caption: Bridge the Gap winner...... 33 Des Moines, Iowa 50309 Iowa’s Re-ULLCA – Doré...... 8 Steve Boeckman, Editor Admission on motion...... 9 Classified ads...... 34 515-697-7869 YLD president’s letter: Photo & Caption: And in the end – McDermott...... 11 Law Day winners...... 36 Pro bono honor roll 2008...... 12 Introducing the ISBA’s CLE calendar and upcoming seminars...... 17 123rd president...... 37 Twitter, tweet, twello: Where do Around the Bar THE IOWA STATE BAR ASSOCIATION they fit in law practice – Meresh...... 26 OFFICERS 2008-2009 YLD State Fair Committee Ethics Opinion (09-01): to present “Trial by Jury”...... 7 President, Dan Moore Use of lawyer and law firm names...... 28 President-Elect, Jane Lorentzen Governor Culver appoints Rodriguez Vice President, Frank Carroll Seventy six new attorneys as public defender...... 10 Immediate Past President, Joel Greer admitted to Iowa Bar...... 30 Drake Law School receives high rankings...... 10 Executive Director, Dwight Dinkla Deep spiritual life necessary Guthrie County Bar elects new officers...... 16 for practice of law – Benzoni...... 31 The Iowa Lawyer Dubuque County law groups (ISSN 1052-5327) is published monthly by The Iowa State Bar Association, 625 East Court, Des Moines, Iowa 50309. to host benefit for Legal Aid...... 16 Subscription included in membership fee. Non-members, THE Volume 69 Number 6 June 2009 New officers take the reins $30 per year. Periodicals postage paid at Des Moines, Iowa. for Polk County Bar...... 16 Postmaster: Send address changes to The Iowa Lawyer, 625 East Court, Des Moines, IA 50309. Drake Law School to offer The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave., master program in law...... 33 Des Moines, IA 50322. Telephone (515) 270-0402. Art Director: Melissa Thompson Classified Advertising Qualifying ISBA members – 2 months free; $75 thereafter About the cover Non-members – $110 for 100 words per insertion. See classified section for details. Jane V. Lorentzen will be invested as The Iowa State For Display Advertising Rates Bar Association’s 123rd president during the awards Contact David R. Larson (515) 440-2810; or write: The Iowa Lawyer, c/o Larson Enterprises, 909 50th St., banquet at this year’s annual meeting. She will be the West Des Moines, IA 50265. second woman to head up the 135-year-old associa- Communicating with The Iowa Lawyer online: Send your comments and Letters to the Editor to ALSO IN THIS ISSUE tion, although she is quick to state that she doesn’t see [email protected]. Please include your daytime s President Moore’s farewell letter Introducing s Ethics Opinion: Use of lawyer and r d gender as a significant issue in her presidency. Read phone number should we need to contact you with an firm names answer or for verification. Executive Director Dwight s Spirituality and the law the ISBA’s 123 Dinkla’s electronic mail address is [email protected]. s Honoring those who provided pro more about her background and her thoughts on the bono hours president Assistant Executive Director Harry Shipley’s address s Is there a place for twittering in issues facing the association, not only during her year is [email protected]. the law practice? as president, but into the future, starting on page 37.

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For more information contact: Matt Veldey Becky Petersen [email protected] [email protected] 515.725.4885 515.725.4981 The President’s Letter – Dan Moore Extraordinary challenges-extraordinary measures. . . many thanks to all!!

This, my final president’s letter, is dedicated to all Iowa lawyers who set the stage for civility, professionalism and ethical behavior among clients, which in turn contributes to the delivery of justice and respect for the rule of law. As I reflect on the year since my investiture on June 17, 2008 as your 122nd president, I am thankful for your many contributions of time, talent and gifts in making the year successful. Although this has been an extraordinarily challenging year, you have all answered the call of service.

Highlights of Dan’s presidential year through April 30 include: (left center) being invested in the office of president by former law school classmate and cur- rent Iowa Supreme Court Chief Justice Marsha Ternus during the awards banquet June 17, 2008; (top left) presenting the championship trophy to the state champion high school mock trial team this past March; (top right) providing words of wisdom to the newly admitted lawyers at the swearing-in ceremony last September; (right middle) meeting with Des Moines Register edi- torial writers Carol Hunter and Rox Laird last February; (bottom) standing with members of his firm following the awards banquet last June when he was invested as ISBA’s 122nd president. A

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4 the Iowa Lawyer June 2009 Space doesn’t permit me to mention in detail such individuals as Dwight James, David Repp, Marion Beatty, Nick Critelli, Alan Olson, Judge Kellyann Lekar, Tom Lawler, Judge John Lloyd, Mark Otto, Alan Fredregill, etc. Rest assured that I will be happy to sing their praises with anyone over a glass of iced tea or an Arnold Palmer. I would be remiss, however, if I didn’t mention a few of the activities that have occurred during the past year involving extraordinary efforts by individuals and committees. In June 2008, I drove to Cedar Rapids to witness firsthand the dev- astation of hundreds of properties including many law offices caused by one of the worst flooding crisis we have seen in decades. Thanks to you Iowa’s delegation to the annual ABA Day in Washington, D.C. stand with U.S. Representative Dave Loebsack in his office. ISBA members (from left) Executive Director Dwight Dinkla, President-elect Jane Lorentzen, and President and The Iowa State Bar Foundation, Dan Moore also met with several other of Iowa’s U.S. Congressmen during the event in late April. The delegation we were able to contribute $126,300, spoke to senators and representatives about Legal Services Corporation Funding, legal assistance for low-income or almost 22% of their out-of-pocket military families and other federal issues of interest. costs, to Iowa lawyers who faced cleanup, file reclamation, and and discrimination which still occur, there furniture, technology and equipment is still much more work to be done to meet replacement charges. With the leader- the needs of minorities and women. We ship of President Nan Horvat of The Iowa are an inclusive bar association. State Bar Foundation, we were able to help assist our colleagues. I also want to acknowledge the success and hard work of the Legal Heritage The continuing good work of the Committee under the leadership of F. Lawyers Helping Lawyers Committee of Richard Lyford. Thanks to Dick Lyford the ISBA under the leadership of Chair and his committee, we will all soon be Judge Dick R. Schlegel will be important enjoying the ISBA Wall of Legal History to many of us who have been touched in the bar headquarters building. individually or through family, relatives, friends and clients by stress-related ill- A special note of thanks to the volun- ness, addictions and depression. I hope teer lawyers across the state who have I have shed light on the programs we contributed outstanding pro-bono legal have available to assist lawyers suffering services to low-income Iowans (see page from stress, which is likely to manifest 12). Thanks to Dennis Groenenboom, itself as depression, substance abuse or Executive Director, Central Administra- addiction. Many thanks to Judge Dick tive Office of Iowa Legal Aid, and Brett Schlegel who has chaired this committee Toresdahl, Executive Director of the ISBA for more than 34 years. Public Service Project, who have worked tirelessly on behalf of low-income and Under the leadership of Romanda elderly Iowans for their access to justice. Belcher Ford and Emily Gould Chafa, co-chairs of the Women and Minorities We enjoy an excellent Young Lawyers Committee, the Board of Governors has Division (YLD) and need to keep the updated the ISBA Strategic Plan initially young lawyers actively involved in the approved June 17, 2003. The Women and bar association when they transition out Minorities Committee has worked tire- of the YLD at age 35 or after 10 years lessly to improve the environment of equal of practice. Under the solid leadership treatment for all people. While we have of President Matt McDermott, the YLD come a long way in battling the injustices is a strong division of the ISBA. Matt

the Iowa Lawyer June 2009 5 The President’s Letter – Dan Moore (continued)

authored the tough letters that needed honor and thank our lawyer-legislators with our state’s judicial nominating com- to be written from time to time, always for their service to the citizens of Iowa. mission. We must maintain the integrity in a professional and civil manner. We continue to benefit from one of the of Iowa’s legal system and educate the best lobbyists in the country. citizens about the excellent process we ISBA’s Legislative Counsel Jim Carney have for appointing judges to our courts. continues to provide excellent service, The successes of the ISBA President I make no apologies for this system which especially this year when the legislative cannot be realized without a trusted and has given Iowans a fair and impartial session was so unpredictable. Jim went dedicated Administrative Committee. judiciary that is essential to democracy above and beyond the call of duty, That committee meets as often as and to the rule of law. working long hours and finding solutions necessary, more often when there are to the severe budget cuts. Jim also challenges and controversies, to advise During this challenging year, our arranges the annual Lawyer-Legislator and counsel the president. I simply highly respected and esteemed Chief Jus- Dinner which allows bar leadership to would not have realized the many tice of the Iowa Supreme Court, Marsha successes we’ve had this year without K. Ternus, has done an outstanding job the good fortune of having Jane V. guiding our judicial branch through un- Lorentzen, Frank J. Carroll, Joel chartered waters. The budget crisis this T.S. Greer, Matthew C. McDermott, year was unprecedented and the Court, Robert V.P. Waterman, Jr., Jennifer under the leadership of Chief Justice K. WendtGeisler and David L. Brown Ternus, made very difficult decisions. serve. Through the competent and able She has been open to suggestions during assistance of these fine Iowa lawyers we this process, and we will continue to work were able to steer the ship in the right closely together as we begin to examine direction under stormy conditions. in a formal, deliberate and meaningful Thank you Jane, Frank, Joel, Matt, Bob, way more effective methods for delivering Jennifer and David. court services to the citizens of Iowa. My year as president has given me R. Keith Richardson’s retirement recep- opportunities to be involved with tion was held Jan. 22. Keith served as the special people and events I wouldn’t Clerk of the Iowa Supreme Court for 34 normally have a chance to experience. years and as Clerk of the Iowa Court of The encounters have enriched my life, Appeals since its inception. Keith is a true and given me great respect and admira- friend of the ISBA and all Iowa lawyers. tion for the many fine people in our profession. On Dec. 31, 2008, my good friend, law school classmate and colleague Judge ��������objective, insightful, On June 20, 2008, Justice David Terry L. Huitink retired. He was ap- supportable �������� L. Baker was sworn in as our newest pointed to the Iowa Court of Appeals by Justice of the Iowa Supreme Court, Governor Terry Branstad in February �������������������������������������� filling the vacancy that resulted from 1994, after serving on the district court ����������������������������������������� the retirement of Justice Jerry Larson. bench from 1988 to 1994. Judge Huitink ���������������������������������������� Shortly thereafter, in September, Judge has served with integrity, professional ���������������������������������������� Amanda Potterfield became a member competence, judicial temperament and ������������������������������������������ of the Iowa Court of Appeals, filling judicial ethics, the bench, bar and the ������������������������������������������ the vacancy created by Governor Chet citizens of the State of Iowa. �������������������������������� Culver’s appointment of Justice Baker. � ������������������� In October, Richard H. Doyle became a In the fall, I attended the Great � ��������������������������������� member of the Iowa Court of Appeals, Rivers Bar Leaders Conference with � �������������������������������������� filling the vacancy that resulted from the presidents, presidents-elect, and executive directors from the states of � �������������������������� the retirement of Judge Van D. Zimmer. Iowa, Ohio, Illinois, Minnesota, Indiana, � ������������������� Early this year, Ed Mansfield became Nebraska, Michigan and Wisconsin. � �������������� the newest member of the Iowa Court of Appeals, filling the vacancy created by This was an excellent opportunity to the retirement of Judge Terry Huitink. share our experiences with these other bar leaders. This coming year the ISBA We have no stronger and clearer will host the conference. evidence of how well our merit selec- tion system works than the judges and Also last fall, I attended the orienta- ������������������������������������ justices who are ultimately appointed tions of the 1L students at both the ��������������������������������� by our governor after going through a University of Iowa College of Law and ���������������������������������������������� very thorough and detailed interview Drake University Law School. We enjoy strong relationships with each law school 6 the Iowa Lawyer June 2009

and continue to build on what we have Finally, I want to thank my YLD State Fair accomplished with successful programs, family, namely my wife, Julie, my inviting the deans to address the Board children, Mindi, Michelle, Megan, Committee to of Governors, soliciting the expertise of Eric, Dan, Kate and Matt and my law professors by inviting them to serve grandchildren Isaiah, Ethan, present “Trial on ISBA section councils and commit- Ella and Emma for their love, by Jury” tees and studying ways to involve the stu- support and prayers. dents in bar association activities. I have The State Fair Committee of The Iowa State appreciated the tremendous leadership President-Elect Jane Lorentzen is the Bar Association’s Young Lawyers Division will and service of Dean Benjamin B. Ullem second female lawyer to serve as presi- again present “Trial by Jury” Aug. 13-22 from dent of the ISBA, the first being Carroll and Dean Carolyn C. Jones. Deans 6-8:30 p.m. at the 2009 Iowa State Fair in Reasoner (1991-1992). Jane is conscien- Ullem and Jones have been wonderful Des Moines. “Trial by Jury” is presented in to work with and we continue to see pro- tious and diligent in her service to the HE theB Variety Theater of the Family Center on grams of excellence in each law school bar. Jane’s talents, abilities and wisdom T AR D the Iowa State Fair fairgrounds. thanks to their efforts. will serve all of us well. (You can read moreN about her starting on page 37.) U “Trial by Jury” allows members of the

Many thanks to our dedicated and O public to be part of the action of the legal

hard-working staff of the ISBA. Thanks I am proud to be an Iowa lawyer. R A world as they participate as jurors for a civil Moreover, I am really proud to be associ- especially to my good friend and law or criminal problem. The jurors listen as school classmate Dwight Dinkla, execu- ated with Iowa lawyers. the attorneys argue their case, observe the tive director, for his excellent guidance, Let us never forget that each and every advice and counsel to this president. examination of witness and follow the judge’s one of you counts. No issue is too small instructions in deciding the case. Actual Iowa A special note of thanks to my partners, for any one of us to handle, but no issue attorneys, judges and court reporters participate is too big for all of us together to resolve. namely, Marvin S. Berenstein (past presi- each night, and following the “trial” each dent, 1980-1981), Maureen B. Heffernan, I continue to be honored and hum- night there is a question and answer period Richard H. Moeller, Jeffrey A. Johnson, bled that you have entrusted the presi- where the audience can talk to the attorneys, Robert F. Meis, Mitchell A. Herigstad, dency of this great association to me. and Angie J. Schneiderman, and my judges and court reporters about the case associates Karrie R. Hruska, Jason Gann, I’ll be seeing you or ask questions they have about the legal Mark Cord and Amber L. Hegarty, who In all the old familiar places . . . system generally. covered for me while I represented you at The goal of the “Trial by Jury” event is to Thank you for giving me the opportu- several events, meetings and conventions educate and inform the public about the jury nity to serve as your 122nd president. throughout the year. Also many thanks and legal system. Committee members from to my faithful and loyal secretary of 15 the Young Lawyers Division organize the event; years, Delores Kliever, who sent out all my prepare the civil or criminal problems used for correspondence and kept me organized. the mock trial; coordinate judges, lawyers, court reporters and witnesses for each night; Tired of “guessing” at the and participate as moderators. Volunteer attorneys and witnesses are needed value of your cases? for each night of the fair. Two attorneys and four try... witnesses are needed per night. Please contact Dawn Boucher at iowafairmocktrial@hotmail. com with any questions or to volunteer.

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the Iowa Lawyer June 2009 7 Iowa’s Revised Uniform Limited Liability Company Act: Formation issues By Matthew G. Doré*

Your Blackberry™ sounds off for the of your old LLC “Articles” form and be insofar as members, dissociated members, umpteenth time today. You really need done with it? transferees, and managers are concerned. to change that ring tone. Not quite. The Certificate of Organization or other The message: A client needs a new Re-ULLCA’s change in label for the filed record prevails only as to third per- limited liability company (“LLC”) for a basic formation filing—from “Articles” sons who have reasonably relied thereon. proposed business venture. For the very to “Certificate” of Organization—is I.C.A. § 489.112(4). first time you open a copy of Iowa’s Re- intentional. With the term “Certificate” That’s why Re-ULLCA’s required con- vised Uniform LLC Act (“Re-ULLCA”), Re-ULLCA signals that this publicly-filed tents for the Certificate of Organization now codified as Iowa Code Chapter 489. record is not the LLC’s foundational docu- seem so skimpy. All that is needed is: Comfortable as you were with the old ment, as arguably was the case with Ar- Iowa LLC Act (“ILLCA”), codified as ticles of Organization under the ILLCA. (i) “the name of the [LLC],” (which Iowa Code Chapter 490A, you have no Instead, the purpose of the filed Certifi- must comply with certain require- choice about using Re-ULLCA for this cate of Organization is simply to reflect in ments) and new matter. Re-ULLCA governs all Iowa the public record that an LLC exists. (ii) “the street and mailing addresses LLCs organized after Jan. 1, 2009. To appreciate the approach that Re- of the initial registered office and Of course you can’t forget about the ULLCA rejects, consider a corporation’s the name and street and mailing ILLCA, since it still governs all your publicly-filed Articles of Incorporation addresses of the initial registered pre-2009 LLC clients until Re-ULLCA’s under the Iowa Business Corporation agent for service of process of the universal effective date (Jan. 1, 2011). Act (“IBCA”), Iowa Code Ch. 490. These [LLC].” You put a reminder in your tickler system articles function as the corporation’s I.C.A. § 489.201(2). There is no need to research the issue of early Re-ULLCA constitution in many respects, determin- to include the LLC’s principal office opt-in for those clients. For now, though, ing the substantive rights and obligations or duration, as required by ILLCA § you turn your attention to LLC formation of shareholders, directors and officers. 490A.303. The Certificate of Organiza- issues under Re-ULLCA. For example, the articles may limit the tion may contain other matters, of course corporation’s purposes, powers, or even (I.C.A. § 489.201(3)), but in light of Articles vs. Certificate the powers of directors; the articles may the certificate’s limited binding effect The first thing you notice about Re- classify shares; and the corporation’s by- internally, the appropriate place to ad- ULLCA is different terminology. How laws may not contravene its articles. I.C.A. dress meaningful issues is the Operating annoying! Under the ILLCA, one forms §§ 490.302, .303, .202(b)(3); .601; .206(2). Agreement. For a barebones Certificate an LLC by filing “Articles of Organiza- Under Re-ULLCA, in contrast, it is the of Organization form that complies with tion” with the Secretary of State. I.C.A. LLC’s Operating Agreement—an internal Re-ULLCA, see attorney Marc Ward’s § 490A.301. The formation process member contract to be discussed in more Iowa LLC Blog (http://www.iowallcblog. under Re-ULLCA is similar, but the detail in a future article—that establishes typepad.com/LLC-certificate-of-organi- publicly-filed document is instead foundational accords for an LLC. The zation-sample.pdf). called a “Certificate of Organization.” Operating Agreement trumps contrary A few caveats concerning the otherwise I.C.A.B394-5611 § 489.201. BCC Update Lawyer Ad Horizontal: 7.5”Wprovisions x 2.5”H in the Certificate of Organi- straightforward Certificate of Organiza- So can you just change the caption zation—or any other filed LLC record— tion. First, under Re-ULLCA, the person

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8 the Iowa Lawyer June 2009 who executes the Certificate of Orga- about business transactions made on However, Re-ULLCA Section 489.105 nization signs as the LLC’s “organizer.” the LLC’s behalf during the pre-member further provides that if an LLC has no I.C.A. § 489.203(1)(b). No such title period. If the LLC does not legally exist members when its certificate is filed, existed under ILLCA, where “a person when it transacts business, the promoter the LLC “lacks the capacity” to do any forming the [LLC]” simply executed or other LLC representative may have act other than to dissolve or to admit the Articles of Organization. I.C.A. §§ personal liability for those transactions. initial members. Aside from this “lack 490A.120(6)(b); 301. There may also be questions about the of capacity” provision, nothing in Iowa’s Second, and perhaps more important, LLC’s rights to enforce such transactions Re-ULLCA describes the consequences be aware that the Secretary of State uses against the counterparty. See generally where individuals act on the LLC’s behalf the office of the registered agent for 5 Doré, Iowa Practice—Business prior to its formation or prior to the time official communications with the LLC, Organizations §§ 13.2-13.3; Chapter 16 the company has full capacity to act, and such address is also appropriate for (West/Thomson 2008-2009). presumably leaving those issues to the serving process on the LLC. Given the Under the IBCA, corporate common law of agency and other law. registered agent’s functions, it is prob- existence begins when the Articles of As for pre-filing transactions, there lematic that Re-ULLCA permits multiple, Incorporation are filed; shareholders will clearly be a risk of promoter liability and perhaps different, addresses for the and other corporate constituents come even though Re-ULLCA does not include LLC’s registered agent and registered later. I.C.A. § 490.203(1). So long as a provision imposing personal liability office (see (ii) above). Until the issue transactions are conducted after the on persons who transact business for is resolved with corrective legislation corporation’s articles are filed, promoter the LLC “knowing” it has not been (anticipated in the 2010 session), the liability theories should not apply, and organized. Cf. I.C.A. § 490A.302 Secretary of State’s office needs filers to there should be no question that the (ILLCA). Liability risks still exist under designate a single location as the office corporation has capacity to contract, agency law, and perhaps partnership law of the LLC’s registered agent and as even if there are no shareholders. See the LLC’s registered office. If the Certifi- generally Doré, supra, Ch. 16. cate contains different registered agent and When Re-ULLCA was drafted, registered office addresses, the Iowa Secretary of some proponents advocated a bright ADMISSSION ON MOTION State may ask the filer to re-file, thus delaying line formation standard for LLCs The following individuals applied for the LLC’s organization. similar to corporate law, so that admission on motion to the Iowa Bar. In other respects, filing rules under company existence would commence Michael B. Howell, Howell & Vail, Re-ULLCA roughly parallel those under the moment the organizational LLP, Boise, Idaho; Julie Carver Hunter, the ILLCA. And Re-ULLCA’s rules for document was filed, whether or not self-employed, Navarre, Fla.; John M. permissible names and procedures for members had joined. NCCUSL’s Dempsey, Dickinson Wright, Ann Arbor, reservation of names for LLCs are similar uniform version of Re-ULLCA Mich.; Daniel C. Hawkins, Ward, Murray, to counterpart provisions in the ILLCA. rejected this approach, but the Iowa Pace & Johnson, PC, Sterling, Ill.; See generally I.C.A. §§ 489.108-.109. drafters came a bit closer. Iowa’s Kenneth B. Hodges, Baudino Law Group, Re-ULLCA provides in Section Atlanta, Ga.; Khara Coleman, Kirkland & The “Shelf LLC” Problem 489.201(4) that an LLC “is formed Ellis, LLP, Oak Park, Ill. Let’s assume you have no difficulty when the [S]ecretary of [S]tate Anyone with questions or comments drafting your client’s Certificate of has filed the [C]ertificate of [O] should contact: Dave Ewert at the Office of Organization—and you should not, given rganization ….” Thus, there can be Professional Regulation, 1111 East Court the simplicity of its contents. But what no question about an LLC’s existence, Avenue, Des Moines, IA 50319; 515-725-8029. if your client is a promoter for the LLC even if it has no members. and will not be a member of the new company? Perhaps your client anticipates that future investors will come on board later as the LLC’s initial members. Under the ILLCA, this presented a problem because filing Articles of Organization is necessary but not Litigation Support | Corporate Services sufficient to form an LLC; the company must also have one or more members. I.C.A. § 490A.102(13). Why does the “member requirement” matter? If no persons are members when the articles are filed, the LLC will not legally exist until members join. This state of affairs raises tricky Pro Copy | 455 SW 5th Street, Suite A | Des Moines, IA 50309 | 515.243.1891 | 1.888.243.1891 problems for legal opinions about Pro Copy | 8710 F Street, Suite 128 | Omaha, NE 68127 | 402.341.6400 | 1.888.341.6400 existence, and perhaps more important, the Iowa Lawyer June 2009 9 as well. See generally Doré, admitted as provided in the Operating Governor Culver supra, Ch. 16. Cf. In re Estate of Agreement, with the consent of all appoints new Woodroffe, 742 N.W.2d 94 (Iowa members, or through organic business 2007) (refusing to apply the de combinations. I.C.A. § 489.401(4). Re- public defender facto corporation and corporation ULLCA also includes special procedures Governor Chet Culver has named Tomas by estoppel concepts). for admitting new members in the event Rodriguez as Iowa’s State Public Defender. If the LLC’s Certificate of a company ceases to have any members. Rodriguez, who started his new position on Organization has been filed, there I.C.A. § 489.401(4)(d). May 15, was formerly the Chief Public Defender should be no personal liability issues As under the ILLCA, Re-ULLCA in Marshalltown, where he served since 2006. so long as business is not transacted permits admission of members who He received his bachelor’s degree from St. until members are admitted. If a do not make a contribution or who do promoter or other representative not acquire another member’s transfer- Ambrose College in Davenport before earning HE B his J.D. from the University of Iowa’s College of T transactsAR business for the LLC before able interest (I.C.A. § 489.401(5)), but D Law in 1981. N that time—when the LLC “lacks where contributions are made, they may He taught for 14 years in the department U capacity”—the result is less clear. We take any form. I.C.A. § 489.402. The

of management at the University of Northern O are in uncharted territory, since the LLC or a relying creditor may enforce a

R Iowa, and has spent more than 24 years in A Iowa Re-ULLCA language is completely member’s obligation to make an agreed general law practice. He stands for confirma- new. Since agency law or other theories contribution, and that obligation “is not tion before the Iowa Senate next year. may support personal liability for those excused by the person’s death, disability, who transact business for the LLC when or other inability to perform person- it lacks capacity, what should you advise ally.” I.C.A. § 489.402. The Operating the hypothetical LLC client considered Agreement may also establish penalties in this article? That’s easy: Refrain and procedures that address members’ from conducting any business until at failure to make required contributions. Drake Law School least one member I.C.A. § 489.403(3). receives high is admitted! Next steps: The Operating rankings in legal Becoming a member of a Agreement writing, intellectual Limited Liability Company: Obviously the most important docu- Member contributions ment you must prepare for your new property A person becomes a member of a LLC client is the Operating Agreement. Drake University Law School’s program in legal single-member LLC upon formation An upcoming article will address consid- writing tied for 17th, and its program in intellectual “as agreed by that person and the erations for that process, as well as LLC property law tied for 21st in the nation in the 2010 [company’s] organizer,” which may be management issues under Re-ULLCA. edition of “America’s Best Graduate Schools,” the same person as the initial member. published by US News & World Report magazine. I.C.A. § 489.401(1). In a multi-member *Matthew G. Doré is the Richard M. & Anita The magazine ranked programs offered by Ecompany, the persons who are to Calkins Distinguished Professor of Law at Drake TH BA University. Professor Doré has taught at Drake the 184 law schools fully accredited by the D becomeR members upon formation may since 1992, where his courses include business American Bar Association. The rankings are N agree in advance on membership. I.C.A. U associations law, commercial law, bankruptcy developed based on nominations by legal § 489.401(2). If a company has no O law and related subjects. He is vice chair of The educators at peer institutions. R members upon formation, the organizer Iowa State Bar Association’s Business Law Coun-

Drake’s legal writing program moved up to 17thA or organizers admit them thereafter. cil, which reviewed the Revised Uniform Limited from 39th in last year’s rankings. This is the first I.C.A. § 489.401(3). With respect Liability Company Act prior to its inclusion in year the intellectual property program, founded to existing LLCs, new members are the association’s 2008 legislative agenda. fewer than two years ago, qualified to be evaluated by peers after a full year of activities. “These rankings certainly illustrate the quality of our programming and our goal to constantly improve what we do,” said outgoing Drake Law School Dean Benjamin B. Ullem. “It’s nice to be recognized nationally for all the hard work that is going into these efforts.” To view the top 25 law school for legal writing, go to: http://www.drake.edu/news/db/official/ archive.php?article=4257. To view the top 24 law schools in intellectual property, go to: http:// www.drake.edu/news/db/official/archive. php?article=4256.

10 the Iowa Lawyer June 2009 And in the end… By Matt McDermott* This time of year seems to bring with it practicing law and being a parent. I think it many endings. The end of high school, of And curiously, I’ve started worrying is through college, and of law school for graduates. about something happening to me and volunteering Series finales for television shows. And for dying young, and missing out on being a for folks like the ISBA, the turnover of bar leadership. part of this new life. When I would test her that all of This month ends for me three years as the limits of my car on deserted country us can earn, an officer on the Young Lawyers Division’s roads in my youth, my own mortality in some small Executive Council and three years on the wasn’t something that crossed my mind. way, many of ISBA’s Board of Governors. While I will Now I drive the speed limit, and I buy life the privileges still be a member of the YLD for a few more insurance. The next thing you know, I’ll we were born into. years — anyone within the first 10 years of be watching re-runs of Matlock or Murder As I sign off on my final letter, practice is automatically a member — my She Wrote and planning our move into a allow me to express one last time how active involvement in its leadership will end nursing home. (And saying things like, honored and humbled I am to have and a new wave of leaders will enter. “Isn’t that Pat Sajak funny?”) had the opportunity to serve this great For those of you who do not closely The end of my YLD career and association. I look forward to the years follow the work your bar association is impending parenthood have made me ahead, and to continuing to work with doing, you should know that both the reflective about more than aging and all of you to improve the law and our attorneys volunteering their time, and the mortality. In meeting with a client at the profession. I’ll see you in the courtroom, paid staff at the bar office, are working HOLA Center’s Latino Outreach Legal at a CLE, or volunteering at the legal diligently to improve the law and the Clinic recently, I got to thinking about clinic. I’ll be the tired-looking guy with spit-up baby formula on his suit. profession. It has been a pleasure to serve the advantage that this child will be born this year with outgoing ISBA President Dan into. Simply by virtue of being born in *Matt McDermott is an attorney at Belin Lamson Alan Moore. Dan has been a steadfast Iowa, with all of our educational and McCormick Zumbach Flynn, P.C. in Des Moines. supporter of the YLD and its activities, economic resources, this child will have He is the ISBA Young Lawyers Division President for 2008-09. and I dare you to find someone more won what Warren Buffet refers to as “the proud to be an Iowa lawyer. ovarian lottery.” I have also had the privilege to serve as a Were it not for having previously won YLD officer with Jen Chase, Bridget Penick, this lottery myself so many years ago, it Jeana Goosmann and Eric Bidwell. We is impossible to know what job I might have frequently e-mailed, spoken and even working at today, or what living conditions traveled together in our representation this child might be born into. The of Iowa’s young lawyers at national and undereducated and underprivileged international conferences. I am similarly woman seated across from me at the legal grateful for the work, sacrifice and talents clinic, who has likely already proven herself of the YLD committee members and more courageous and more industrious executive council representatives who have than I will ever be, might have been the served so selflessly and competently this next Supreme Court justice had she drawn year. The incoming YLD president, Jeana a different number in the ovarian lottery. Goosmann, is precisely the right person for the job. I congratulate my friend and wish her all the best as she begins her term. With each ending, of course, comes a new beginning. By the time this letter is published, I may be a father. The doctors tell us that our “first issue” (as my friends who practice estate law might say) is scheduled to arrive in mid-June. I’m not what you’d call the worrying sort, but as each day passes and we approach the due date, my worries compound. I worry about the delivery. I worry about crashing the car on the way to the delivery. I worry about not knowing what I’m to do once we bring the baby home. I worry about what kind of parents we will be. I worry about finding the right balance between the Iowa Lawyer June 2009 11 Pro Bono Honor Roll 2008 – ISBA honors lawyers who volunteer to provide access to justice for indigent Iowans

On behalf of the Iowa State Bar This is the aspirational standard estab- Matt Craft, Kevin Engels, Heather Association, the ISBA Public Service lished in the Iowa Code of Professional Feldkamp, Megan Fereday, Mark Project is pleased to again present the Pro Conduct rule 6.1. Fransdal, E. J. Gallagher, III, Bruce Bono Honor Roll recognizing those Iowa In addition to taking cases, many Gettman, Jr., Robert Griffin, Dennis attorneys who helped to make access to the attorneys provide pro bono services Guernsey, Linda Hall, John Hines, civil judicial system available to hundreds in other ways. They provide valuable Theresa Hoffman, Kami Holmes, of low-income Iowans in 2008. Their assistance to the legal services community Mary Kennedy, Sara Kersenbrock, John donations of thousands of hours of legal by doing intake, talking with clients at Larsen, Corey Lorenzen, Rick Lubben, assistance through Iowa’s three volunteer clinics, training and research, assisting Timothy Luce, Erin Lyons, Joseph lawyers projects and other pro bono with funding efforts, providing leader- Martin, John McCoy, Richard Morris, activities is a critical component in ship on boards and serving as mediators Jay Nardini, Kenneth Nelson, David making legal services available to and as support to the court. Riley, Mark Rolinger, R. James Sheerer, indigent citizens of our state. We thank all Iowa attorneys for their Lynn Smith, Chad Swanson, Nichael The Honor Roll is compiled from data generous commitment and support of pro Treinen, Brooke Trent, Thomas provided by the Iowa Legal Aid Volunteer bono in Iowa and services to the public. Verhulst, James Wagner, Steven Lawyers Project, the Polk County Bar Asso- The following list has been compiled Weidner, Natalie Williams Burris, ciation Volunteer Lawyers Project and the by the ISBA Public Service Project, with Michael Young. Pro Bono Project of Scott County. These the assistance and cooperation of Iowa BOONE: Dorothy Dakin, Ben Doran, are the three entities in Iowa that place Legal Aid Volunteer Lawyers Project, Polk Lee Johnson, Judd Kruse. cases with volunteer attorneys. County Bar Association Volunteer Lawyers BREMER: Ivan Ackerman, Keith Collins, Included in the Honor Roll are the Project, and HELP Legal Assistance Pro Pat Dillon, Steven Egli, Mark Milder, names of those attorneys who reported in Bono Project based on information the John Tremaine. 2008 that they had closed one or more pro attorneys reported to these organizations BUCHANAN: Sarah Dooley-Rothman, bono referrals. A case is closed when all in 2008. James Peters, Daryl Roberts, Franklin work on the case is completed and the final Sauer, William Werger. disposition of the case is reported to the ADAIR: John Fisher, David Jungmann, BUENA VISTA: Ted Brown, Steven volunteer lawyers project. Some attorneys Amy Skogerson Hughbanks. Hamilton. who participate in a volunteer lawyers proj- ADAMS: Stuart Nielson BUTLER: Thomas A. Lawler. ect report cases through their firm, and ALLAMAKEE: James Garrett, W. CALHOUN: William Kurth these firms are included on the list. Other Richard White. . Iowa attorneys worked on volunteer lawyers APPANOOSE: Deb George, Keith CARROLL: Joseph Halbur, A. Eric Neu, project cases in 2008, but are not listed Kreiman, Jonathon Willier. Art Neu, Robert Peters. since the case was not closed in 2008. BENTON: Jennifer Zahradnik. CASS: Andrew Knuth, J.C. VanGinkel. Highlighted names are of attorneys who BLACK HAWK: Andrew Abbott, Brandon CEDAR: Robyn Huss, Bradley Norton. provided 20 or more hours of pro bono Adams, Sam Anderson, Larry Anfinson, CERRO GORDO: J. Mathew Anderson, services. The names that are underlined Kirsten Arnold, Judith Benson, Henry Ronald D. Arispe, Jackie Armstrong, and in bold face type are attorneys who Bevel,III, Tim Boller, Clovis Bowles, Kristy Arzberger, Matthew Berry, provided 50 or more pro bono hours. Peter Burk, Emily Carr, Larry Cohrt, Patrick Byrne, Jacqueline Conway, John Duffy, F. David Eastman, David Grooters, James Heiny, John Lander, Tim Lapointe, Charles Levard, James Mediations and Arbitrations McCuire, C. Bradley Price, John Sorenson, Gerald Stambaugh, Phillip Stone, Richard Tompkins, Jr., Michael Michael F. Lacey, Jr. Jeffrey A. Boehlert Vervaecke, Ron Wagenaar, Mark Young, *Thirteen years experience in civil litigation *Specializing in p ersonal injury, c ommercial litigation, Joel Yunek. mediations and arbitrations professional negligence and product liability mediations CHEROKEE: Richard Cook, John *M ember, American Board of Trial Advocates, the *Approved panel mediator for Resolute Systems American Academy of ADR Attorneys and the Loughlin, Daniel Meloy, George American Arbitration Association Wittgraf. [email protected] [email protected] CHICKASAW: Christopher O’Donohoe, Richard Stochl. Over 50 years combined civil litigation and trial experience CLARKE: Unes J. Booth. 515-283-2147- 505 Fifth Avenue, Suite 729, Des Moines, Iowa 50309 CLAY: John Greer.

12 the Iowa Lawyer June 2009 Pro Bono Honor Roll 2008 – ISBA honors lawyers who volunteer to provide access to justice for indigent Iowans

CLAYTON: Jean Curtis, J. Steven HOWARD: Todd Kowalke, Robert Story. LEE: Clinton Boddicker, Elaine McCorkindale, Gary Mick, Michael HUMBOLDT: Marc Arends, Brian Eschman, James Hoffman, Laura Schuster. Johnsen. Krehbiel, John Kultala, William Napier, CLINTON: J. Drew Chambers, Randy IDA: Matthew J. Forristal, Peter Robert Reding, Thomas Skewes. Current, John Frey, Steve Haufe, James Goldsmith. LINN: Connie Alt, Mackenzie Barton, Pillers. IOWA: James Claypool, Joshua Brian Bergstrom, Carolyn Beyer, CRAWFORD: Roger Knee. Kraushaar, Fred Stiefel, Eric Tindal. Jace Bisgard, Richard Boresi, Gilda DALLAS: Randy Hefner, Matthew JACKSON: Corliss Baty, Ronald Besch, Boyer, Matthew Brandes, Ryan Carter, Hemphill, Jennie Hughes, Bryan Steven Kahler, Mark Lawson. Kevin Caster, Kevin Collins, Patrick Jennings, Jonathon Kimple, James JASPER: John Billingsly, Dennis Courtney, Cristine Crilley, Terri Davis, VanWerden. Chalupa, Debra Johnson, Bradley Natalie Ditmars, Kenneth Dolezal, D. DAVIS: John Silko. McCall, Richard Phelps, Terry Rickers, Lew Eells, John Ehrhart, Dean Einck, DECATUR: Charles Elson. John Terpstra. Bruce Erusha, Mark Fisher, Richard DELAWARE: Daniel Swift, Allie Wilske. JEFFERSON: Michael Brown. Fry, Richard Garberson, Larry Gutz, DES MOINES: James Adams, William JOHNSON: Steven C. Anderson, Jean Charles Hallberg, Robert Hatala, Allison Cahill, Todd Chelf, Robert Engler, Bartley, Josephine Bathke, Janice Becker, Heffern, William Hochstetler, Tricia Brian Helling, Jennifer Klever-Kirkman, Alan Bohanan, Maurine Braddock, Hoffman-Simanek, Janet Hong, Donald James Miller, William Monroe, Rena Michael Brenneman, David Bright, David Hoskins, Steven Howes, Stephen Jackson, Nerhus, Donald Porth, Scott Schroeder, Brown, Edward Crowell, Anne Daniels, Jr., Stephen Jackson, Sr., Donald Mitchell Taylor. Martin Diaz, Sue Dulek, Scott Flynn, Johnson, Maureen Kenney, Linda DICKINSON: Edward W. Bjornstad, Kirsten Frey, Peter Gardner, Gregg Kirsch, Jacob Kollers, Gerald Kucera, John Bjornstad, Jason Carlstrom, James Geerdes, John Hayek, Jim Hayes, Sara Diane Kutzko. Clarity, III, Abby Walleck. Hektoen, Thomas Hobart, Dan Holub, Also: Anne Laverty, Jean Lawrence, DUBUQUE: Leslie Blair, Natalia Andrew Ives, Michael Kennedy, Tarek Dawn Long, Anne Loomis, John Blaskovich, Robert Day, Steven Khowassah, Sue Kirk, Steve Klesner, Maher, Robert Matias, Jon McCright, Drahozal, Danita Grant, Dirk Hamel, Kandie Kringlen Gelner, Patricia Kropf, Kara McFadden, Sean McPartland, Darin Harmon, Jenny Harris, Philip Timothy Krumm, Lillian Lyons Davis, Douglas C. Meyer, John Monroe, Sasha Jensen, Brian Kane, Dean Konrardy, Cheryl Mason, Thomas Maxwell, Kevin Monthei, Darrel Morf, James Moriarty, Todd Locher, Daniel McClean, John McKeever, Thomas McMurray, Sharon Chad Newhouse, Frank Nidey, Robert Nemmers, Brian Peters, Bruce Rehmke, Mellon, Dennis Mitchell, W. Eric Nelson, O’Shea, Steven Pace, Carla Pace, James Schilling, James Sigworth, Angela Craig Nierman, Cynthia Parsons, Joseph Nancy Penner, Matt Preston, William Simon, Christopher Soppe, Jamie Pavelich, Dell Richard, L. Jay Stein, Prowell, Carroll Reasoner, Mark Rettig, Splinter, Jeffery Trannel, Jim Trannel, Bruce Walker, Alison Werner Smith, Jeffery Robinson, Marty Rowlett, Ryan Michael Whalen. Mary Wolfe. Sawyer, Phillip Seidl, Tim Semelroth, EMMET: Scot Bauermeister, Joseph JONES: Craig Elliott, Adrian Knuth. Rush Shortley, James Sines, Erek Sittig, Fitzgibbons. KOSSUTH: Scott Buchanan, Diane Caitlin Slessor, R.L.Sole, Wilford FAYETTE: Jeffery Clements, David Dipietro Wilson, Conrad Meis. Stone, Gary Streit, Stephen Swift, Hanson, James Updegraff, Jeremiah White. FLOYD: Todd Prichard, James Smith, Roger Sutton, FRANKLIN: Lee Blum, Raymond Drew. GREENE: John Gerken. GRUNDY: Erika Allen, Michael Rickert, Kirby Schmidt. GUTHRIE: Warren Varley, Beverly Wild. HAMILTON: Edna Rodenborn. HANCOCK: Phillip Garland, Earl Hill, Brian Jones. HARDIN: Larry W. Johnson, Michael Smith. HARRISON: Alan Anderson, Jesse A. Render. HENRY: Richard Bell. the Iowa Lawyer June 2009 13 David Thinnes, Larry Thorson, Crystal OSCEOLA: Harold Dawson, Joe Feller. Dorsey & Whitney, L.L.P.; Randy Usher, Karen Volz, Chad Vonkampen, PALO ALTO: Roger Berkland, Duncan, Steve Eckley, Janice Edmunson, John VonLackum, Darrell Walker, Jr., Donald Capotosto. Carmen Eichmann, Ekstrom & Burkey; Richard Wenzel, Jessica Wiebrand, PLYMOUTH: Scott Bixenman. Susan Ekstrom, George Elliott, Lisa Daniel Willems, Charles Williams, Anne POLK: Ernesti, Ronald Fadness, Faegre & Wilson, Dawn Wilson, Douglas Wolfe, Michael Abbott, Christopher Adams, Benson, L.L.P.; Jeremy Feitelson, Karla Wolff, Mark Zaiger. Ahlers & Cooney, P.C.; Everett Albers, Krista Ferguson, Joe Fernandez, Jake LOUISA: Jay Schweitzer, Timothy Wink. Alfredo Alvarez, Anderson & Tully, P.C.; Feuerhelm, Paige Fiedler, Finley, Alt, MAHASKA: Randy DeGeest, Eric Dan Anderson, Darrel Anderson, Fred Smith, Scharnberg, Craig, Hilmes & Palmer. Anderson, Jeffrey Anderson, James Gaffney, P.C.; Tina Fisher, Scott Fisher, MARION: Barry Griffith, Michael Lane, Austin, Babich, Goldman, Cashatt & Tom Fisher, Sally Frank, Galligan & Timothy Tripp, Lois Vroom. Renzo, P.C.; Todd Babich, Kimberly Reid, P.C.; Brian Galligan, Michael MARSHALL: Chris Clausen, Bethany Baer, Mike Bandstra, Patricia Barry, Galloway, Gaudineer, Comito & George, Currie, Brian Danielson, James Ellefson, William Bartine, Kim Bartosh, Belin, L.L.P.; Shannon Gausman, Fred Gay, James Goodman, John Haney, Michael Lamson, McCormick, Zumbach & Mike Gilchrist, Gislason & Hunter, Horn, Steven Kloberdanz, Melissa Nine. Flynn; Jim Benzoni, Ben Bergmann, L.L.P.; Robb Goedicke, Cory Gourley, MILLS: Justine Wyatt. Black & Hinshaw P.L.C.; Mark Beerman, Linda Grathwohl, Thomas Graves, MONTGOMERY: Charles Richards. Jamie Blackburn, Tammi Blackstone, Grefe & Sidney P.L.C.; Gunderson, MUSCATINE: Linda Allison, Joan Axel, Vanessa Blanchfield, Craig Block, Sharp & Walke, L.L.P.; Elizabeth Gregg Rosy Avalos Eichelberger, Paul Bouska, Cynthia Blonigan, Michael Boohar, Kennedy, Gordon Greta, John Grissom, Roland Caldwell, William Creasey, Esther Candie Book, Richard Book, Eric Elizabeth Grob, Kimberley Haddox, Dean, John Harris, Michelle Heller, Borseth, Willard Boyd, III, Bradshaw, Danielle Haindfield, Tara Hall, Joseph Gregory Johnston, Trista Menzer, Mark Fowler, Proctor & Fairgrave, P.C.; Brick, Hall, Jim Hanks, Heather Handley- Neary, D.W. Newell, Jean Pfeiffer. Gentry, Bowers, Swartz & Levis, P.C.; Cherry, Silvia Hansell, Jill Hansen, OMAHA, NE: Tracy Deutmeyer. Brandon Brown, Brown, Winick, Graves, Stephen Hanson, Hansen, McClintock O’BRIEN: Micah Schreurs, Randall Gross, Baskerville & Schoenebaum, & Riley; Hanson, Bjork & Russell, Sease, Thomas Whorley. P.L .C. ; Jim Bryan, John Bunz, Susan L.L.P.; Elizabeth Happe, John Harding, Burden Leonard, Michael Burdette, Marc Harding, Harvey Harrison, Bruce Campbell, Carney & Appleby, Kristi Harshbarger, J.D. Hartung, Jason P.L .C. ; Brent Cashatt, David Claypool, Hauser, Wade Hauser, Johni Hays, Alice Jessica Cleereman, Jennifer Clendenin, Helle, Christopher Henderson, James Nicholas Cooper, Ann Cosimano, Garry Henscheid, Victoria Herring, Kevin Cox, David Craig, Jason Craig, Valerie Hobbs, Debra Hockett-Clark, Cramer, Cronin & Smith, P.L.C.; Liz Hodgson, Joyce Hoffman, Bob Matthew Cronin, Culp, Doran, Seidlin Holliday, Lori Holm, Kristi Holzer, & Genest, P.L.C.; Davis, Brown, Koehn, Michael Holzworth, Joey Hoover, Shors & Roberts, P.C.; Mariclare Hopkins & Huebner, P.C.; Howe, Culver, Michael Cumings, Karin Derry, Cunningham & Lowe, P.L.C.; Huber, Steven Despotovich, Andrea Diaz, Book, Cortese, Happe & Lanz, P.L.C.; Dickinson, Mackaman, Tyler & Hagen, Hudson, Mallaney & Shindler, P.C.; P.C. ; Catherine Dietz-Kilen, Diane Thomas Hyland. Dornburg, Denny Drake, Douglas Drees, Also: CeCelia Ibson, Karen Jackson, Fred James, Larry James, Sr., Dallas Janssen, Rod Janssen, Jennifer Jaskolka-Brown, Alexander Johnson, Nancy Johnson, Ray Civil Litigation Johnson, Linda Kading, Samantha Kain, Mediation and Arbitration Elizabeth Kellner-Nelson, William Kelly, Services Jeffrey Kelso, Greg Kenyon, Mark King, Patrick Kirchner, Nicholas Klinefeldt, DENNY M. DENNIS Kimberly Knoshaug, Kelsey Knowles, 801 Grand Avenue Becky Knutson, Mark Konard, David Suite 3700 Kozlowski, Kragnes, Tingle & Koenig, Des Moines, IA 50309 P.C. ; Jon Kramer, Terrance Krapfl, Alan 515-246-5848 Kress, Thomas Krouse, Kari Kruml, David Kumpe, Mitch Kunert, Robert Bradshaw, Fowler, Proctor & Fairgrave, P.C. Laden, Mark Lagomarcino, Jeffery Attorneys at Law Lamberti, Kami Lang, Justine Lange, www.bradshawlaw.com Lance Lange, Susan Lange, Hon. Louis Lavorato, Harlan Lemon, Thomas Levis, 14 the Iowa Lawyer June 2009

layout.indd 1 4/24/09 10:53:16 PM Vera Lichtenberger, Jesse Linebaugh, Leanne Valentine, Mick VandeGriend, Oberbillig, Roxann Ryan, Anjela Shutts, Holly Logan, Craig Long, Kristy Lotta, Margaret Van Houten, Dawn Van Wyk, Donn Stanley, Krista Tanner. Susan Low, Mark Lowe, Richard Lozier, Pamela Vandel, John Vernon, Amanda F. Richard Lyford, Rodney Maharry, Wachuta, James Wainwright, Jeff POTTAWATTAMIE: Robert Beno, John Douglas Marberry, Ted Marks, Stephen Waldron, Jason Walke, Wandro & Baer, Carter, Craig Dreismeier, Stephen Ebke, Marso, Patricia Martin, Jane McAllister, P.C. ; JoEllen Watts, Ivan Webber, Mark Kim Erwin-Loncke, Gary Faust, Michael Kara McClure, Christopher McDonald, Weinhardt, Neal Westin, September Gallner, Christopher Kerbawy, Kimberly Lora McCollom, Curt McCormick, Wethington, Whitfield & Eddy, P.L.C.; Murphy, Jack Ruesch, Helen Savage, Matthew McDermott, Miki McGovern, Elizabeth Willis, Don Wine, Scott Angela Weatherhead. John McKinney, Joseph McLaughlin, Wormsley, Don Young, Mary Zambreno. POWESHIEK: John Bierman, Rachelle Larry McLellan, Scott Mikkelsen, Donna Johnson, Michael Mahaffey. Miller, Michael Miller, Nichole Mordini, Non-Attorney Mediators: Merlaine SAC: Charles Schulte. James Monroe, Matthew Moore, David Bissainthe (Law Student), Andi SCOTT: Sarah Alden, Kathleen Bailey, Morse, Anna Mundy, Steven Nadel, Buffington (Law Student), Sean Conner Steve Berger, Dennis Britt, Jeff Cook, David Nelmark, James Nervig, William (Law Student), Sydney Conrad-Cook Joseph Creen, Jack Darland, H. J. Noth, Nyemaster, Goode, West, Hansell (Law Student), Kyle Krause (Law “Jack” Dane, Richard Davidson, Marc & O’Brien, P.C.; Robert Oberbillig, Student), Dena Morgan (Law Student), Englemann, Burt Fagan, Brian Fairfield, Tonya Oetken, Dennis Ogden, Nick Jaime Secory (Law Student). Patrick Flynn, Robert S. Gallagher, Alicia Olivencia, Alan Olson, William Ortman, Gieck, George Goebel, Michael Gorsline, Nathan Overberg, Martin Ozga, Heather A special thank you to the Officers and Melissa Gross, Dale Haake, Stacey Hall, Palmer, Joella Palmer, David Pargulski, Board Members of the Polk County Melissa Hancock, Steven Havercamp, Parrish, Kruidenier, Dunn, Boles, Bar Association Volunteer Lawyers Thomas Hill, Milissa Hofmann, Adam Gribble, Cook, Parrish, Gentry & Project: Tim Pearson – President, Holly Humes, Laura Humes, Hany Khoury, Fisher, L.L.P.; Peter Pashler, Patterson Logan – President Elect, William Kelly Patrick Kelly, Dan Kresowik, Gary Lane, Law Firm, L.L.P.; Patrick Payton, – Secretary, Greg Page – Treasurer, Lane And Waterman LLP; Andrew Timothy Pearson, Karen Pearston, Jennifer Lampe – Liaison to the Polk Larson, Jennifer Learner-Ostergren, Peddicord, Wharton, Spencer, Hook, County Bar Association, Hon. Larry Matthew Leddin, Doug Lindstrom, Paul Barron & Wegman, L.L.P.; Ron Peeler, Eisenhauer, Thomas Levis, Robert Macek, Sandra Madsen, Barbara Maness, Bridget Penick, Robert Peterson, Amy Piepmeier, Margery Pierce, Jeff Pierick, Sarah Pitts, Vicki Place, Iris Post, Randi Mediator training Ray, Wayne Reames, Penny Reimer, Joseph Renzo, David Repp, Alex Rhoads, A primary mediation class (40 Jayme Richards, Scott Riemenschneider, hours CLE, 2 hours ethics) will Benjamin Roach, Barbara Romar, be held on August 3–7, 2009, Julia Roose, Rosenberg, Stowers & at the Drake Legal Clinic, 2400 Morse; Steve Roy, Amber Rutledge, University, Des Moines, Iowa. Patricia Saavedra, Will Sales, Doyle Sanders, James Sarcone, John Schmidt, • The instructor is Richard Harvey Schneider, Harvey Schneider, M. Calkins, former Drake Steve Schodde, Mark Schulteis, Greg Law School dean, who has Schwager, Eric Schwarz, Mary Schwarze, conducted classes for over John Scieszinski, Joseph Seidlin, Robert ten years and has done Sharp, Jeremy Sharpe, Gail Sheridan- over 1600 mediations Lucht, Anita Shodeen, Patricia Shoff, himself. Anjela Shutts, Dale Sikes, Jim Sinclair; Skinner, Nielsen & McCollom, • Dean Calkins teaches the P.L .C. ; Behnaz Soulati, Jerry Spaeth, caucus format of mediation Katherine Sargeant, Kimberly with emphasis on non- Stamatelos, Kristina Stanger, Randy adversarial techniques. Stefani, Richard Steffen, Jason Stone, • Classes include hands- Dean Stonner, Todd Strother, Courtney on training with each Strutt-Todd, Sullivan & Ward, P.C.; student conducting two Debra Svoboda Epp, Cliff Swartz, David full mediations. Swinton, Deborah Tharnish, Mark Thomas, Nancy Thompson, Andrew For information, contact Tice, Brooke Timmer, Rachel Totel, Susan Ewing at 515-283-0331 David Traxler, Steven Traynor, Timothy or [email protected]. Tripp, Nancy Trotter, Rob Tully, the Iowa Lawyer June 2009 15

Register for a CLE event today at www.iowabar.org Guthrie County Bar Ron May, Michael McCarthy, Kurt Pittner, R. Thomas Price, elects new officers Mike McCarthy, William Jerry Schnurr, III. McCullough, Elliott “Scott” WINNEBAGO: Daron Fritz. The Guthrie County Bar Association McDonald, Jack McDonald, WINNESHIEK: James Burns, elected the following officers for the Mike Meloy, Robert Meyer, Wendy Laura Parrish Maki. upcoming year: CLE Calendar Meyer, Tommy Miller, John Moeller, President...... Joel Baxter WOODBURY: A. Frank Baron, Secretary...... Christine M. Sand Maggie Moeller, Ronald J. Mueller, Grant Beckwith, Timothy Bottaro, Treasurer...... Melissa Lewis Kenza Nelson, John Newman, Ben Andrea Buckley, Francis Cleary, Patterson, Ted Priester, Diane Puthoff, All three are from the Beverly Wild Law Matthew Connealy, Robert Deck, June 24-26 July 24 October 9 Sy Raben, Amanda Richards, Rex Office in Guthrie Center. Tod Deck, Ray Edgington, Michael Annual Meeting Two Person Best Shot Golf Environmental Law Ridenour, Rebecca Ruggero, Glenn Ellwanger, Leif Erickson, Douglas Downtown Marriott Preserve on Rathbun Lake ISBA Headquarters HERuud, B Breanne Schadt, Kenneth Flom, Alan Fredregill, Daniel Galvin, T Schoenauer,AR Alison Schroeder, Martha Des Moines Moravia Des Moines D Judith Garnos Huitink, John Gray, N Shaff, Judy Shawver, Kim Shepherd, Amber Hegarty, Douglas Hodgson, U Stanley, Lande, and Hunter, Robert Michael Jacobs, Angela Kayl, Rosanne October 23 O Tappa, Adnrew Telshow, Marlin Dubuque County R Lienhard, Martha McMinn, Robert Probate Seminar law groups to host A “Hap” Volz, Jr., Joel Walker, Anne Meis, Glenn Metcalf, Matthew Metzgar, ISBA Headquarters P. Walters, Robert Weinberg, John Moeller, James Nieland, Jessica Des Moines events benefitting Wendy Weiskircher, Doug Wells, Cal Noll, Barbara Orzechowski, Wayne Werner, Jeffrey Wilson, Tom Wine, Prichard, James Redmond, Elizabeth Iowa Legal Aid Steve Wing, Mike Woods, Tom Yeggy. Rosenbaum, Vanessa Spencer, Suzan The Dubuque County Young Lawyers Division and SHELBY: Matt Hudson, Stewart, Harold Widdison, Kendra Dubuque County Bar Association will host their fifth Joseph Lauterbach. Zirbel Olson. annual “A Taste for Justice” wine tasting and silent SIOUX: Missy Clabaugh, Judy Freking, WORTH: Jeffery Greve, John Greve. auction to benefit Iowa Legal Aid from 6-9 p.m., James Pickner, Danial Pluim. June 12, at the Park Farms Winery in Bankston. WRIGHT: Richard Bordwell, STORY: David Benson, Aaron Fultz, August 14 Attendees will be able to sample the award- Dani Eisentrager. Law Over Lunch: winning wines of Park Farms Winery and enjoy the John Klaus, John Martens, John relaxing surroundings of its chateau and vineyard. HETimmons, B Dario Zaffarano. July 10-11 Labor Laws T AR There will also be a silent auction. D TAMA: Bruce Reinders. ,17(*5,7<35(&,6,216(&85,7< Summer Seminar All proceeds from the evening benefit Iowa Legal Aid.N UNION: Arnold Kenyon, III., October 29-30 U Arrowwood Resort August 19 Contact Thad Murphy at [email protected] Stephanie Nielsen. Family Law O Okoboji Law Over Lunch: or Steven Drahozal at [email protected] forR VAN BUREN: William (Wally) C. Glass. Marriott Hotel 

more information. A Freedom of Information Act WAPELLO: Michael Carpenter, Philip 4XDOLILHG,QWHUPHGLDU\6HUYLFHV West Des Moines More information on Park Farm Winery is Ferren, Cyntia Hucks, Jeffrey Logan, IRU$//7<3(62) July 15 available at http://www.parfarmwinery.com/. Ryan Mitchell, Michael Moreland. 6(&7,21(;&+$1*(6 Law Over Lunch: November 13 WARREN: William Eddy, James Fowler, Small Claim Procedure Labor & Employment Kimberly Haddox. ISBA Headquarters WASHINGTON: David Matthews, Jeffery Powell, Kathryn Salazar.  Des Moines WAYNE: Roberta Chambers, .HQ7KDUS 3UHVLGHQW New officers take Alan Wilson. December 2-4 ‡ the reins for Polk WEBSTER: Stuart Cochrane, :::,2:$(48,7<(;&+$1*(&20 Tax School  County Bar Darren Driscoll, William Enke, *52:<285,19(670(17127<2857$;%,// Downtown Marriott Hotel The following officers were elected for 2009-10 at the August 28 Des Moines Polk County Bar Association’s annual meeting May 12: Justice for All Golf President Jennifer G. Lampe, Office of the COMPUTER FORENSICS • ELECTRONIC DISCOVERY Legacy Golf Club December 17 Attorney General of Iowa, Special eCommerce Seminar Litigation Division, Des Moines If you have not yet selected what firm you are going to Norwalk President-Elect Thomas J. Levis, Brick, Gentry, use for your e-discovery and Computer Forensic support, ISBA Headquarters Bowers, Swartz & Levis, P.C., we can help you with your cases. Our certified technicians October 1 Des Moines West Des Moines search computer disk drives and other electronic media July 22-24 Ethics Program Vice-President Stephen R. Eckley, Belin Lamson HE B T AR to capture hidden or deleted data. Solo & Small Firm Sponsored by December 18 McCormick Zumbach Flynn, D Federal Practice Seminar Des Moines. N Honey Creek Resort Women & Minorities Comm. U Treasurer Willard L. Boyd III, Nyemaster, THE CONLEY GROUP, INC. • DES MOINES, IOWA Downtown Marriott O Moravia

Goode, West, Hansell & O’Brien,R Toll Free: (800) 383-6813 or Local: (515) 277-7437 Des Moines Des Moines. A E-mail: [email protected] Secretary Anjela Shutts, Whitfield & Eddy, CLE opportunities sponsored by: Des Moines. Web: www.theconleygroup.com CLE Division of The Iowa State Bar Association

the 16 Iowa Lawyer June 2009 THE IOWA LAWYER June 2009

CLE Insert June 2009.indd 1 5/26/2009 2:33:35 PM Register for a CLE event today at www.iowabar.org CLE Calendar

June 24-26 July 24 October 9 Annual Meeting Two Person Best Shot Golf Environmental Law Downtown Marriott Preserve on Rathbun Lake ISBA Headquarters Des Moines Moravia Des Moines October 23 Probate Seminar ISBA Headquarters Des Moines

August 14 Law Over Lunch: July 10-11 Labor Laws Summer Seminar October 29-30 August 19 Arrowwood Resort Family Law Law Over Lunch: Okoboji Marriott Hotel Freedom of Information Act West Des Moines July 15 Law Over Lunch: November 13 Small Claim Procedure Labor & Employment ISBA Headquarters Des Moines December 2-4 Tax School Downtown Marriott Hotel August 28 Des Moines Justice for All Golf Legacy Golf Club December 17 Norwalk eCommerce Seminar ISBA Headquarters October 1 Des Moines July 22-24 Ethics Program Solo & Small Firm Sponsored by December 18 Honey Creek Resort Women & Minorities Comm. Federal Practice Seminar Moravia Downtown Marriott Des Moines

CLE opportunities sponsored by: CLE Division of The Iowa State Bar Association

THE IOWA LAWYER June 2009

CLE Insert June 2009.indd 1 5/26/2009 2:33:35 PM Track 3 - Special Issues 3.75 State 8:00 - 9:00 Electronic Filing - Speakers: Hon. Robert Hutchinson and Dallas Powell of Tybera 136th Annual Meeting 9:00 - 9:30 Workers Compensation - Speaker: Matthew Moore June 24 - 26, 2009 9:30 - 10:00 Appellate Rules - Speaker: Hon. David Wiggins 10:00 - 10:15 BREAK Downtown Des Moines Marriott 10:15 - 11:00 (E) Trust Accounts - Speaker: Tre Critelli Pending: 15 State CLE hours (hours depend on sessions attended) 11:00 - 12:00 (E) The Ethics of Negotiations: Are There Any? - Speaker: Michael Rubin President’s Luncheon Honoring the Iowa Supreme Court & ISBA Pro Bono Award Recipients 12:00 - 1:30 p.m. Cost: $15 per person Wednesday - June 24 Thursday Afternoon - June 25 8:00 Opening of Exhibit Hall, Registration Desk and ISBA Cyber Café. 8:00 - 11:00 Organizational Meetings Track 1 - Litigation 3.75 State 12:00 - 1:00 Law School Luncheon - Cost: $15 per person 1:30 - 3:30 Trial Tips, Tactics and Practical Tales - Speaker: Michael P. Cash 3:30 - 3:45 BREAK Track 1 - AG Law (F) Federal (E) Ethics 3.75 State 3:45 - 5:30 Trial Tips, Tactics and Practical Tales - Speaker: Michael P. Cash 1:00 - 2:00 (F) Overview and Direction for USDA Policy in Areas Affecting Agriculture in Iowa U.S. Secretary of Agriculture Tom Vilsack (invited) Track 2 - Military/Family Law 3.75 State 2:00 - 2:45 Electric-Generating Turbine Easements/Wind Leases Discussion 1:30 - 2:00 Family/Military Strategy and Tactics: Representing the Military Spouse Panel: Professor Neil Hamilton of Drake Law School and Scott Buchanan 2:00 - 2:30 Family/Military Strategy and Tactics: Representing the Non-Military Spouse 2:45 - 3:00 BREAK 2:30 - 3:00 Securing Military Support: How to Decode a Leave and Earnings Statement (LES) and e Iow ilding 62 a State Bar Association Bu 309 3:00 - 4:00 (F) Developing Markets for Carbon and the Opportunities for On-Farm Energy Conservation & Production Capture the Items Counted in Determining Child Support 5 East a 50 3:00 - 3:15 BREAK Court Avenue, Des Moines, Iow Speakers: David Lyons and Janie Simms Hipp 4:00 - 5:00 (F) Update on the 2008 Farm Bill and Renewable Energy and Rural Development Issues 3:15 - 3:45 Enforcing Military Support: Steps to Collect On Service Member’s Child Support Orders Speakers: Mark Halverson and Harrison Pittman 3:45 - 4:00 Military Custody: The Family Care Plan and Its Impact on Custody Decisions 4:00 - 4:45 Divide and Conquer: Guidelines for Dividing and Collecting Military Pensions Track 2 - Probate - Bob Cowie Track 3.75 State 4:45 - 5:30 Hot Tips From Military Law Experts 1:00 - 1:05 A Tribute to Bob Cowie 1:05 - 2:05 Legislative Update - Speaker: Michel Nelson Track 3 - Diversity 3.75 State 2:05 - 2:30 Final Disposition Act - Speaker: Gregory Kenyon 1:30 - 2:15 (F) Immigration 101 - Speaker: Della Arriaga 2:30 - 2:45 BREAK 2:15 - 2:45 (F) Bene�its for Veterans - Speaker: Kristin Collinson, Dept. of Veteran Des Moines 2:45 - 3:15 Uniform Power of Attorney Act - Speaker: Thomas Tarbox 2:45 - 3:30 Tribal Law 101 - Speaker: Felicia Bertin Rocha 3:15 - 5:00 (E) How to Ethically Charge, Collect and Defend Fees - Speaker: Louis Harrison 3:30 - 3:45 BREAK Affairs, 3:45 - 4:00 (F) The In�inity Project and Navigating to the Federal Bench - Speaker: Allison Werner Smith Track 3 - Professionalism 3.75 State 4:00 - 5:00 Building Relationships - Mentoring - Speaker: Hon. Celeste Bremer 1:00 - 2:30 Media Panel (off the record panel) - Moderator: Hon. Scott Rosenberg Panel: Kathie Obradavich, 5:00 - 5:30 Mental Commitments - Speaker: Romonda Belcher Ford Des Moines Register; Greenwood, KCCI-TV; Larry Wentz, KCAU-TV; Steve Buttry, Editor of Cedar Rapids Gazette Communications; and Janece Valentine 2:30 - 2:45 BREAK Geoff Connecting with Peers Reception 6:00 - 8:00 p.m. 2:45 - 3:45 (E) Professionalism Versus Zealous Representation of Your Client - Speaker: Iris Post The Iowa State Bar Association Building 625 East Court Ave. Des Moines 3:45 - 4:15 (E) Ethics and Professionalism in Electronic Communication Speaker: Professor Melissa Weresh, Drake University Law School I.O.W.A. Reception at the Downtown• Marriott• 4:15 - 5:00 Professional Expectations and Practices: What Attorneys and Students Say About Each Other Cocktails - 6:00 p.m. Dinner & Speaker - 7:00 p.m. Speaker: Steve Langerud, Assistant Dean for Career Services - University of Iowa Friday - June 26 President’s Reception and Awards Dinner (Black Tie Optional) The Temple for Performing Arts (10th and Locust) Track 1 - Litigation 3.75 State 6:15 p.m. - Reception: Cocktails and Music 7:00 p.m. - Dinner and Awards 8:00 - 10:00 Trial Tips, Tactics and Practical Tales - Speaker: Michael Cash 10:00 - 10:15 BREAK 10:15 - 11:00 (F) What Hollywood Can Teach Us about Jury Selection Thursday Morning - June 25 Speakers: Timothy Semelroth and Megan Antenucci Track 1 - Case Law Updates 3.75 State 11:00 - 12:00 (E) Pro Se Litigants/Unbundled Services Moderator: Hon. Susan Larson Christensen 8:00 - 9:15 Civil and Criminal - Speaker: Hon. Colin Witt Speakers: Hon. Patrick Grady, Kami Lang, Lodema Berkley, Johnson County Clerk of Court and 9:15 - 10:00 Legislative - Speaker: James Carney Eve Ricaurte from Iowa Legal Aid 10:00 - 10:15 BREAK 10:15 - 11:00 Federal Case Law Update - Speaker: Hon. Ross Walters 11:00 - 12:00 (E) The Ethics of Negotiations: Are There Any? (Move to Track 3 Room) - Speaker: Michael Rubin Track 2 - Family Law 3.75 State 8:00 - 8:45 Family Law Update - Speaker: James Meade 8:45 - 10:00 The New Child Support Guidelines: What You Need to Know Track 2 - Probate - Bob Cowie Track 3.75 State Speakers: Hon. Anuradha Vaitheswaran, Hon. Eliza Ovrum, Patricia Hemphill, and Kevin Kaufman 8:00 - 10:00 Substitute Decision Making, Motions to Intervene, GAL and Attorney Roles 10:00 - 10:15 BREAK Speaker: Kimberly Murphy and proposed panel 10:15 - 11:15 The New Child Support Guidelines: What You Need to Know (cont’d) 10:00 - 10:15 BREAK Speakers: Hon. Anuradha Vaitheswaran, Hon. Eliza Ovrum, Patricia Hemphill, and Kevin Kaufman 10:15 - 10:45 Lifetime Gifts - Speakers: David Bibler and Lee Wilmarth 11:15 - 12:00 The Role of a Guardian Ad Litem in Juvenile Proceedings 10:45 - 12:00 (F) Medicaid and the Legal Hotline for Older Iowans - Speaker: Scott Hartsook, Iowa Legal Aid Speakers: Mary Chicchelly and Judy Hoover

THE IOWA LAWYER June 2009 THE IOWA LAWYER June 2009

CLE Insert June 2009.indd 2 5/26/2009 2:33:35 PM CLE Insert June 2009.indd 3 5/26/2009 2:33:35 PM Track 3 - Special Issues 3.75 State 8:00 - 9:00 Electronic Filing - Speakers: Hon. Robert Hutchinson and Dallas Powell of Tybera 9:00 - 9:30 Workers Compensation - Speaker: Matthew Moore 9:30 - 10:00 Appellate Rules - Speaker: Hon. David Wiggins 10:00 - 10:15 BREAK 10:15 - 11:00 (E) Trust Accounts - Speaker: Tre Critelli 11:00 - 12:00 (E) The Ethics of Negotiations: Are There Any? - Speaker: Michael Rubin President’s Luncheon Honoring the Iowa Supreme Court & ISBA Pro Bono Award Recipients 12:00 - 1:30 p.m. Cost: $15 per person Thursday Afternoon - June 25 Track 1 - Litigation 3.75 State 1:30 - 3:30 Trial Tips, Tactics and Practical Tales - Speaker: Michael P. Cash 3:30 - 3:45 BREAK 3:45 - 5:30 Trial Tips, Tactics and Practical Tales - Speaker: Michael P. Cash Track 2 - Military/Family Law 3.75 State 1:30 - 2:00 Family/Military Strategy and Tactics: Representing the Military Spouse 2:00 - 2:30 Family/Military Strategy and Tactics: Representing the Non-Military Spouse 2:30 - 3:00 Securing Military Support: How to Decode a Leave and Earnings Statement (LES) and Capture the Items Counted in Determining Child Support 3:00 - 3:15 BREAK 3:15 - 3:45 Enforcing Military Support: Steps to Collect On Service Member’s Child Support Orders 3:45 - 4:00 Military Custody: The Family Care Plan and Its Impact on Custody Decisions 4:00 - 4:45 Divide and Conquer: Guidelines for Dividing and Collecting Military Pensions 4:45 - 5:30 Hot Tips From Military Law Experts Track 3 - Diversity 3.75 State 1:30 - 2:15 (F) Immigration 101 - Speaker: Della Arriaga 2:15 - 2:45 (F) Bene�its for Veterans - Speaker: Kristin Collinson, Dept. of Veteran Des Moines 2:45 - 3:30 Tribal Law 101 - Speaker: Felicia Bertin Rocha 3:30 - 3:45 BREAK Affairs, 3:45 - 4:00 (F) The In�inity Project and Navigating to the Federal Bench - Speaker: Allison Werner Smith 4:00 - 5:00 Building Relationships - Mentoring - Speaker: Hon. Celeste Bremer 5:00 - 5:30 Mental Commitments - Speaker: Romonda Belcher Ford

Connecting with Peers Reception 6:00 - 8:00 p.m. The Iowa State Bar Association Building 625 East Court Ave. Des Moines I.O.W.A. Reception at the Downtown• Marriott• Cocktails - 6:00 p.m. Dinner & Speaker - 7:00 p.m. Friday - June 26 Track 1 - Litigation 3.75 State 8:00 - 10:00 Trial Tips, Tactics and Practical Tales - Speaker: Michael Cash 10:00 - 10:15 BREAK 10:15 - 11:00 (F) What Hollywood Can Teach Us about Jury Selection Speakers: Timothy Semelroth and Megan Antenucci 11:00 - 12:00 (E) Pro Se Litigants/Unbundled Services Moderator: Hon. Susan Larson Christensen Speakers: Hon. Patrick Grady, Kami Lang, Lodema Berkley, Johnson County Clerk of Court and Eve Ricaurte from Iowa Legal Aid Track 2 - Family Law 3.75 State 8:00 - 8:45 Family Law Update - Speaker: James Meade 8:45 - 10:00 The New Child Support Guidelines: What You Need to Know Speakers: Hon. Anuradha Vaitheswaran, Hon. Eliza Ovrum, Patricia Hemphill, and Kevin Kaufman 10:00 - 10:15 BREAK 10:15 - 11:15 The New Child Support Guidelines: What You Need to Know (cont’d) Speakers: Hon. Anuradha Vaitheswaran, Hon. Eliza Ovrum, Patricia Hemphill, and Kevin Kaufman 11:15 - 12:00 The Role of a Guardian Ad Litem in Juvenile Proceedings Speakers: Mary Chicchelly and Judy Hoover

THE IOWA LAWYER June 2009

CLE Insert June 2009.indd 3 5/26/2009 2:33:35 PM Track 3 - Real Estate, Bankruptcy & Commercial Law 3.75 State 8:00 - 8:45 (F) Commercial and Bankruptcy Case Law Update from the 8th Circuit Summer Seminar Speaker: Hon. Michael Melloy July 10 & 11, 2009 8:45 - 9:30 Private Cause of Action - Speaker: Bill Brauch, Iowa Attorney General’s 9:30 - 10:00 (F) Trademark Infringement on the Internet - Speaker: Wendy K. Marsh Arrowwood Resort, Okoboji 10:00 - 10:15 BREAK Of�ice Pending: 7.75 State CLE hours which includes 1 hour of Ethics and 1.75 Federal hours 10:15 - 10:45 Contract for Deed - Speaker: Mark Otto 10:45 - 11:30 Foreclosures - Speakers: Walter Conlon and Lawrence E. James 11:30 - 12:00 Iowa Title Guaranty Friday, July 10 12:00 - 1:00 p.m. Optional Luncheon Event for Young Lawyers* President’s Luncheon Honoring the 50-Year Members and Outstanding Law Student Lawyers as Leaders: Getting Involved in Your Bar Association and Your Community Award Recipients - 12:00 - 1:30 p.m. Speakers: Rep. Tyler Olson & YLD Past-President Matt McDermott 1:00 - 1:15 p.m. Welcome 1:15 - 2:15 p.m. Legislative Update - Speaker: Rep. Tyler Olson, Cedar Rapids Annual Meeting Registration Form 2:15 - 3:00 p.m. Special Sentences for Sex Offenders - Speaker: Mary Wolfe, Wolfe Law Clinton 3:00 - 3:15 p.m. Break Of�ice, Name: ______Member # ______Phone # ______3:15 - 4:00 p.m. Family and Medical Leave Act Update (F) - Speaker: Jennifer Petersen, Gross & Welch, Omaha 4:00 - 5:00 p.m. Ethics: Avoiding the Danger Zones (E) Speaker: Matt McDermott, Belin Lamson McCormick Zumbach & Flynn, Des Moines Address: ______City, State, Zip: ______5:00 p.m. Adjourn for Reception at Bridges Bay Resort Registration Fees: Saturday, July 11 ISBA Members 8:30 - 9:00 a.m. Civil Case Law Update - Speaker: Amy Teas, Bradshaw Fowler Proctor & Fairgrave, Des Moines ____ Admitted to practice prior to July 1, 2005 $295 9:00 - 9:30 a.m. Criminal Case Law Update - Speaker: Kent Simmons, Attorney at Law, Davenport 9:30 - 10:30 a.m. Social Security Issues for General Practitioners (F) ____ Admitted to practice July 1, 2005 - May, 2008 $245 Speaker: Thad Murphy, Law of Thad J. Murphy, Dubuque ____ Admitted to practice after May, 2008 $95 10:30 - 10:45 a.m. Break One Day Sessions 10:45 - 11:30 a.m. Changes to the Iowa Rules Of�icesof Appellate Procedure ____ Wednesday Only - $120 ____ Thursday Only - $170 ____ Friday Only - $120 Speaker: Hon. Richard Doyle, Iowa Court of Appeals, Des Moines 11:30 - 12:15 p.m. Changes to Iowa’s LLC Act Non-ISBA Members Speaker: Tim Van Pelt, Simmons Perrine Moyer Bergman, Cedar Rapids ____ Complete Seminar - $425 12:15 - 1:00 p.m. Federal Sentencing Guidelines Revisited (F) - Speaker: Kent Simmons, Attorney at Law, Davenport ____ Wednesday Only - $170 ____ Thursday Only - $220 ____ Friday Only - $170 Approved for CJA Panel CLE 1:00 p.m. Door Prizes and Adjourn ____Judges ISBA Member $95 Registration Form: Summer Seminar ____Para Professional (Legal Assistants & Employees) $150 ____Law Students $45 Name : ______Member # ______Phone # ______Of�ice Social Activities/Events: Address: ______City, State, Zip: ______Reception & Awards Dinner (Wednesday, June 24) $45 each $______E-mail: ______Iowa Law School Alumni Luncheon (Wednesday, June 24) $15 each $______Advance Registration:

____ Drake Law School Alumni Luncheon (Wednesday, June 24) $15 each $______Registration for Both Days: ISBA Member (5+ Years) ____ $190 ISBA Member (Admitted after 2004) ____ $160 ____ Creighton Law School Alumni Luncheon (Wednesday, June 24) $15 each $______Non-ISBA Member ____ $290

____ President’s Luncheon Honoring Supreme Court (Thursday, June 25) $15 each $______Registration for Friday Only: ISBA Member (5+ Years) ____ $120 ISBA Member (Admitted after 2004) ____ $110 ____ President’s Joint Reception, ISBA Building (Thursday, June 25) (Complimentary) Non-ISBA Member ____ $170

____ 50 Year Members Awards Luncheon (Friday, June 26) $15 each $______Registration for Saturday Only: ISBA Member (5+ Years) ____ $120 ISBA Member (Admitted after 2004) ____ $110 Method of Payment: Non-ISBA Member ____ $170 ___ Check enclosed Check Number ______* ____ I am a young lawyer (less than 10 years of practice or under 35 years old) and I would like to attend the complimentary Friday luncheon “Lawyers as Leaders” ___ MasterCard ___ Visa ___ Discover ___ American Express ___ CLE Season Pass Total number (registrant plus guests) attending the complimentary reception on Friday evening at Bridges Bay Resort: ____ Method of Payment: ___ Check enclosed Check Number ______CLE Season Pass ______Credit Card #:______Exp. Date: ______Master Card ___ Visa ___ Discover ___ American Express Cardholder Signature: ______Credit Card #:______Exp. Date: ______Return Registration form to: ISBA CLE, 625 East Court Avenue, Des Moines, IA 50309. Cardholder Signature: ______For questions call: (515) 697-7874/800-457-3729 or fax (515) 243-2511 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 is received Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written is received by the Bar by the Bar by Wednesday, June 17, 2009. Written can be mailed, faxed or e-mailed to the Bar at by July 3, 2009. Written can be mailed, faxed or e-mailed to the Bar Walk-in registration fee will be an [email protected]. Walk-in registration fee will be an additional $50 (fee will begin on Tuesday, June 23, 2009). noti�ication additional $50 (fee will begin on July 9, 2009). noti�ication Of�ice noti�ication Of�ice Of�ice noti�ication Of�ice. THE IOWA LAWYER June 2009 THE IOWA LAWYER June 2009

CLE Insert June 2009.indd 4 5/26/2009 2:33:35 PM CLE Insert June 2009.indd 5 5/26/2009 2:33:35 PM Summer Seminar July 10 & 11, 2009 Arrowwood Resort, Okoboji Pending: 7.75 State CLE hours which includes 1 hour of Ethics and 1.75 Federal hours

Friday, July 10 12:00 - 1:00 p.m. Optional Luncheon Event for Young Lawyers* Lawyers as Leaders: Getting Involved in Your Bar Association and Your Community Speakers: Rep. Tyler Olson & YLD Past-President Matt McDermott 1:00 - 1:15 p.m. Welcome 1:15 - 2:15 p.m. Legislative Update - Speaker: Rep. Tyler Olson, Cedar Rapids 2:15 - 3:00 p.m. Special Sentences for Sex Offenders - Speaker: Mary Wolfe, Wolfe Law Clinton 3:00 - 3:15 p.m. Break 3:15 - 4:00 p.m. Family and Medical Leave Act Update (F) - Speaker: Jennifer Petersen, Of�ice,Gross & Welch, Omaha 4:00 - 5:00 p.m. Ethics: Avoiding the Danger Zones (E) Speaker: Matt McDermott, Belin Lamson McCormick Zumbach & Flynn, Des Moines 5:00 p.m. Adjourn for Reception at Bridges Bay Resort Saturday, July 11 8:30 - 9:00 a.m. Civil Case Law Update - Speaker: Amy Teas, Bradshaw Fowler Proctor & Fairgrave, Des Moines 9:00 - 9:30 a.m. Criminal Case Law Update - Speaker: Kent Simmons, Attorney at Law, Davenport 9:30 - 10:30 a.m. Social Security Issues for General Practitioners (F) Speaker: Thad Murphy, Law of Thad J. Murphy, Dubuque 10:30 - 10:45 a.m. Break 10:45 - 11:30 a.m. Changes to the Iowa Rules Of�icesof Appellate Procedure Speaker: Hon. Richard Doyle, Iowa Court of Appeals, Des Moines 11:30 - 12:15 p.m. Changes to Iowa’s LLC Act Speaker: Tim Van Pelt, Simmons Perrine Moyer Bergman, Cedar Rapids 12:15 - 1:00 p.m. Federal Sentencing Guidelines Revisited (F) - Speaker: Kent Simmons, Attorney at Law, Davenport Approved for CJA Panel CLE 1:00 p.m. Door Prizes and Adjourn Registration Form: Summer Seminar Name : ______Member # ______Phone # ______Address: ______City, State, Zip: ______E-mail: ______Advance Registration: Registration for Both Days: ISBA Member (5+ Years) ____ $190 ISBA Member (Admitted after 2004) ____ $160 Non-ISBA Member ____ $290 Registration for Friday Only: ISBA Member (5+ Years) ____ $120 ISBA Member (Admitted after 2004) ____ $110 Non-ISBA Member ____ $170 Registration for Saturday Only: ISBA Member (5+ Years) ____ $120 ISBA Member (Admitted after 2004) ____ $110 Non-ISBA Member ____ $170 * ____ I am a young lawyer (less than 10 years of practice or under 35 years old) and I would like to attend the complimentary Friday luncheon “Lawyers as Leaders” Total number (registrant plus guests) attending the complimentary reception on Friday evening at Bridges Bay Resort: ____ Method of Payment: ___ Check enclosed Check Number ______CLE Season Pass ______Master Card ___ Visa ___ Discover ___ American Express 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 is received by the Bar by July 3, 2009. Written can be mailed, faxed or e-mailed to the Bar Walk-in registration fee will be an additional $50 (fee will begin on July 9, 2009). noti�ication Of�ice noti�ication Of�ice. THE IOWA LAWYER June 2009

CLE Insert June 2009.indd 5 5/26/2009 2:33:35 PM 11:45 - 12:30 Passwords/Backups - Speaker: Wayne Slavin of Backup Right 12:30 - 1:30 LUNCH Solo & Small Firm Seminar 1:30 - 2:15 Disaster by Tornado - Speakers: Martin Peterson and Joel Greer July 22 - 24 , 2009 2:15 - 3:00 Disaster by Flood - Speakers: Christine Crilley, Joel Greer, Kent Smith, William Nicholson, and Cheryl Hines Honey Creek Resort • 12633 Resort Drive • Moravia, IA 3:00 - 3:15 BREAK 3:15 - 4:00 Other Disaster Issues (Equipment/Building Insurance and Rebuilding Files) Please check www.iowabar.org for hotel information 4:00 - 4:45 Vista vs. XP Professional vs. Microsoft 7 - Joddey Hicks - Heartland Technology Solutions 4:45 - 6:15 Reception Wednesday - July 22 6:15 - 7:15 Dinner - Speaker: Nick Critelli (Tickets are $30 per person) 12:00 - 1:30 Registration 9:00 - 10:00 Night Cap - Sponsored by G. Rawson Stevens Track 1 - Law Practice Management 1:30 - 3:00 Solo/SmallSolo/Small Firm’sFirm’s SurvivalSurvival KitKit-- Speakers:Speakers: MarionMarion James,James, PhyllisPhyllis Pearson,Pearson, PhilipPhilip Garland,Garland, AmandaAmanda James,James, WilliamWilliam Bushell,Bushell, JamesJames Milani,Milani, ToddTodd ScottScott andand HarryHarry ShipleyShipley Friday, July 24 3:00 - 3:15 BREAK 7:30 - 8:00 Registration 3:15 - 4:00 FundamentalFundamental BusinessBusiness PlanPlan -- Speaker:Speaker: RobertRobert WoodkeWoodke 4:00 - 4:45 Health Insurance -- Speaker:Speaker: DavidDavid FiniFini ofof ReynoldsReynolds && ReynoldsReynolds Track 1 - Law Practice Management 8:00 - 9:00 (1 Ethics) Advertise Ourselves Track 2 - Substantive 9:00 - 10:00 Essential Technology for Your New Practice - Speaker: David Beckman 1:30 - 2:15 Wind Energy -- Speakers:Speakers: KathleenKathleen LawLaw andand RachelleRachelle JohnsonJohnson 10:00 - 10:15 BREAK 2:15 - 3:00 (.75 Fed) Carbon Credits: Who Can Use Them? -- Speakers:Speakers: DavidDavid MillerMiller andand PaulPaul HorvathHorvath 3:00 - 3:15 BREAK Track 2 - Substantive 3:15 - 4:00 Residential Foreclosure, Counseling and Defense for General Practitioners -- Speaker:Speaker: WalterWalter ConlonConlon andand DavidDavid EricksonErickson 8:00 - 10:00 New Iowa LLC Act - Speakers: Greg Wilcox, Frank Carroll, J. Marc Ward, Steven Roy and Willard Boyd III 4:00 - 4:45 (.75 Fed) FederalFederal DebtDebt CollectionCollection ActAct 10:00 - 10:15 BREAK Track 3 - Quality of Life Track 3 - Quality of Life 1:30 - 2:15 How to Divide the Pie -- Speaker:Speaker: GaryGary StreitStreit 8:00 - 9:00 What to Shred and How to Archive - Speaker: Carolyn Sutton 2:15 - 3:00 SuccessionSuccession PlanningPlanning -- Speakers:Speakers: Paul Wieck, Don Young, Dennis Parmenter, andand Hon. Charles SmithSmith IIIIII 9:00 - 10:00 How and Where to Dispose of Hardware - Speaker: Joe Gassman 3:00 - 3:15 BREAK 10:00 - 10:15 BREAK 3:15 - 4:00 (.75 Ethics) Of�ice Sharing Agreement -- Speaker:Speaker: ToddTodd ScottScott 10:15 - 11:30 (1.25 Ethics) Ethics - Speaker: Nick Critelli 4:00 - 4:45 (.75 Ethics) SaleSale ofof PracticePractice AgreementsAgreements -- Speaker:Speaker: ToddTodd ScottScott A Two-Person Best Shot Golf Tournament will be held Friday after the seminar. Please look to www.iowabar.org for more information. 4:45 - 7:15 BBQ on the Patio (Tickets(Tickets areare $15 per person) 9:00 - 10:00 Night Cap -- SponsoredSponsored byby IALAIALA Registration Form: Solo & Small Firm Seminar (Actual number of Federal & Ethics hours will be based on sessions attended) Thursday - July 23 Name : ______Member # ______Phone # ______7:00 - 8:00 Breakfast Buffett: How to Market Yourself -- Speaker:Speaker: StephanieStephanie FraleyFraley ofof LexisLexis NexisNexis 7:30 - 8:00 Registration Address: ______City, State, Zip: ______Track 1 - Law Practice Management 8:00 - 9:00 Top Ten Things That Will Shut Down Your Company Website -- Speaker:Speaker: BrettBrett TroutTrout 9:00 - 10:00 (1(1 Ethics)Ethics) Unbundled Legal Services -- Hon.Hon. SusanSusan LarsonLarson ChristensenChristensen E-mail: ______10:00 - 10:15 BREAK Registration Fee: 10:15 - 11:00 Bill Drafting Clients Rush Pay, Hourly vs. Value -- Speaker:Speaker: RobertRobert WoodkeWoodke (All Three Days) ISBA Members ____ $250 11:00 - 11:45 Voice Recognition Software -- Speaker:Speaker: BruceBruce FagerstomFagerstom General Practice Members ____ $235 11:45 - 12:30 Employee Payroll, What Do I Offer? -- Speaker:Speaker: MarkMark GrayGray 12:30 - 1:00 LUNCHLUNCH Non-Members ____ $375 1:00 - 1:30 LunchLunch Speaker:Speaker: JusticeJustice BrentBrent AppelAppel 1:30 - 2:15 Timelines -- Speaker:Speaker: DavidDavid ReppRepp IALA Members & Legal Support (Wednesday only) ____ $75 2:15 - 3:00 E-Discovery for General Practice -- Speaker:Speaker: TreTre CritelliCritelli IALA Members & Legal Support (Thursday only) ____ $125 3:00 - 3:15 BREAK IALA Members & Legal Support Staff only) ____ $75 3:15 - 4:00 Mediation -- Speaker:Speaker: StevenSteven SovernSovern IALA Members & Legal Support Staff 3 Days) ____ $225 4:00 - 4:45 New Technology in Document Management and Blackberry Devices -- Speaker:Speaker: KimKim BalkBalk Staff (Friday Students ____ $30 Track 2 - Substantive Staff (All 8:00 - 9:00 Estate Planning with Blended Families and Prenuptial Agreements -- Speaker:Speaker: MarkMark GrayGray Wednesday Night BBQ on the Patio (Tickets are $15 per person) ____ (quantity) $______(total charge) 9:00 - 10:00 (1(1 Fed)Fed) Non-Dischargeable Debts in Bankruptcy -- Speaker:Speaker: HabboHabbo FokkenaFokkena 10:00 - 10:15 BREAK Thursday Night Dinner (Tickets are $30 per person) ____ (quantity) $______(total charge) 10:15 - 11:00 Now We’re in Deep Doo-Doo: Transferring Property with Septic Systems -- Speaker:Speaker: CraigCraig HastingsHastings 11:00 - 11:45 Mechanics Liens Perfection -- Speaker:Speaker: JohnJohn FatinoFatino Method of Payment: ___ Check enclosed Check Number ______CLE Season Pass ______11:45 - 12:30 Prenuptial Agreements - Divorce -- Speaker:Speaker: DanDan BrayBray 12:30 - 1:30 LUNCHLUNCH ___ Master Card ___ Visa ___ Discover ___ American Express 1:30 - 2:15 Trust and Probate Update -- Speaker:Speaker: MichelMichel NelsonNelson 2:15 - 3:00 LeasesLeases -- Speaker:Speaker: Prof.Prof. NeilNeil HamiltonHamilton 3:00 - 3:15 BREAK Credit Card #:______Exp. Date: ______3:15 - 4:00 How Do I Dispose of My Farm Tenant -- Speaker:Speaker: ThomasThomas LawlerLawler 4:00 - 4:45 (.45 Fed) Economic Stimulus Package -- Speaker:Speaker: Prof.Prof. RogerRoger McEowenMcEowen Cardholder Signature: ______Track 3 - Quality of Life 8:00 - 9:00 (1 Ethics) LossLoss ControlControl BestBest PracticesPractices -- Speaker:Speaker: MichaelMichael FurlongFurlong Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. questions call: (515) 697-7874 or 9:00 - 10:00 (1(1 Ethics)Ethics) LegalLegal Assistants:Assistants: WhatWhat TheyThey CanCan DoDo EthicallyEthically -- Speakers:Speakers: MarilynMarilyn HarmsHarms andand DianaDiana BendaBenda fax (515) 243-2511 10:00 - 10:15 BREAK Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued onlyFor if written is received by the Bar 10:15 - 11:00 EDMS -- Speaker:Speaker: DavidDavid BeckmanBeckman by July 15, 2009. Written can be mailed, faxed or e-mailed to the Bar 11:00 - 11:45 Scanners,Scanners, NamingNaming Conventions,Conventions, Pro-Law,Pro-Law, PDF,PDF, E-CopyE-Copy vs.vs. AdobeAdobe -- Speakers:Speakers: TylerTyler Smith,Smith, KarletteKarlette Thornton,Thornton, Brenda Swanson and Marilyn HarmsHarms Walk-in registration fee will be an additional $50 (fee will begin on July 21, 2009). noti�ication Of�ice noti�ication Of�ice. THE IOWA LAWYER June 2009 THE IOWA LAWYER June 2009

CLE Insert June 2009.indd 6 5/26/2009 2:33:40 PM CLE Insert June 2009.indd 7 5/26/2009 2:33:42 PM 11:45 - 12:30 Passwords/Backups - Speaker: Wayne Slavin of Backup Right 12:30 - 1:30 LUNCH 1:30 - 2:15 Disaster by Tornado - Speakers: Martin Peterson and Joel Greer 2:15 - 3:00 Disaster by Flood - Speakers: Christine Crilley, Joel Greer, Kent Smith, William Nicholson, and Cheryl Hines 3:00 - 3:15 BREAK 3:15 - 4:00 Other Disaster Issues (Equipment/Building Insurance and Rebuilding Files) 4:00 - 4:45 Vista vs. XP Professional vs. Microsoft 7 - Joddey Hicks - Heartland Technology Solutions 4:45 - 6:15 Reception Wednesday - July 22 6:15 - 7:15 Dinner - Speaker: Nick Critelli (Tickets are $30 per person) 12:00 - 1:30 Registration 9:00 - 10:00 Night Cap - Sponsored by G. Rawson Stevens Track 1 - Law Practice Management 1:30 - 3:00 Solo/Small Firm’s Survival Kit- Speakers: Marion James, Phyllis Pearson, Philip Garland, Amanda James, William Bushell, James Milani, Todd Scott and Harry Shipley Friday, July 24 3:00 - 3:15 BREAK 7:30 - 8:00 Registration 3:15 - 4:00 Fundamental Business Plan - Speaker: Robert Woodke 4:00 - 4:45 Health Insurance - Speaker: David Fini of Reynolds & Reynolds Track 1 - Law Practice Management 8:00 - 9:00 (1 Ethics) Advertise Ourselves Track 2 - Substantive 9:00 - 10:00 Essential Technology for Your New Practice - Speaker: David Beckman 1:30 - 2:15 Wind Energy - Speakers: Kathleen Law and Rachelle Johnson 10:00 - 10:15 BREAK 2:15 - 3:00 (.75 Fed) Carbon Credits: Who Can Use Them? - Speakers: David Miller and Paul Horvath 3:00 - 3:15 BREAK Track 2 - Substantive 3:15 - 4:00 Residential Foreclosure, Counseling and Defense for General Practitioners - Speaker: Walter Conlon and David Erickson 8:00 - 10:00 New Iowa LLC Act - Speakers: Greg Wilcox, Frank Carroll, J. Marc Ward, Steven Roy and Willard Boyd III 4:00 - 4:45 (.75 Fed) Federal Debt Collection Act 10:00 - 10:15 BREAK Track 3 - Quality of Life Track 3 - Quality of Life 1:30 - 2:15 How to Divide the Pie - Speaker: Gary Streit 8:00 - 9:00 What to Shred and How to Archive - Speaker: Carolyn Sutton 2:15 - 3:00 Succession Planning - Speakers: Paul Wieck, Don Young, Dennis Parmenter, and Hon. Charles Smith III 9:00 - 10:00 How and Where to Dispose of Hardware - Speaker: Joe Gassman 3:00 - 3:15 BREAK 10:00 - 10:15 BREAK 3:15 - 4:00 (.75 Ethics) Of�ice Sharing Agreement - Speaker: Todd Scott 10:15 - 11:30 (1.25 Ethics) Ethics - Speaker: Nick Critelli 4:00 - 4:45 (.75 Ethics) Sale of Practice Agreements - Speaker: Todd Scott A Two-Person Best Shot Golf Tournament will be held Friday after the seminar. Please look to www.iowabar.org for more information. 4:45 - 7:15 BBQ on the Patio (Tickets are $15 per person) 9:00 - 10:00 Night Cap - Sponsored by IALA Registration Form: Solo & Small Firm Seminar (Actual number of Federal & Ethics hours will be based on sessions attended) Thursday - July 23 Name : ______Member # ______Phone # ______7:00 - 8:00 Breakfast Buffett: How to Market Yourself - Speaker: Stephanie Fraley of Lexis Nexis 7:30 - 8:00 Registration Address: ______City, State, Zip: ______Track 1 - Law Practice Management 8:00 - 9:00 Top Ten Things That Will Shut Down Your Company Website - Speaker: Brett Trout 9:00 - 10:00 (1 Ethics) Unbundled Legal Services - Hon. Susan Larson Christensen E-mail: ______10:00 - 10:15 BREAK Registration Fee: 10:15 - 11:00 Bill Drafting Clients Rush Pay, Hourly vs. Value - Speaker: Robert Woodke (All Three Days) ISBA Members ____ $250 11:00 - 11:45 Voice Recognition Software - Speaker: Bruce Fagerstom General Practice Members ____ $235 11:45 - 12:30 Employee Payroll, What Do I Offer? - Speaker: Mark Gray 12:30 - 1:00 LUNCH Non-Members ____ $375 1:00 - 1:30 Lunch Speaker: Justice Brent Appel 1:30 - 2:15 Timelines - Speaker: David Repp IALA Members & Legal Support (Wednesday only) ____ $75 2:15 - 3:00 E-Discovery for General Practice - Speaker: Tre Critelli IALA Members & Legal Support (Thursday only) ____ $125 3:00 - 3:15 BREAK IALA Members & Legal Support Staff only) ____ $75 3:15 - 4:00 Mediation - Speaker: Steven Sovern IALA Members & Legal Support Staff 3 Days) ____ $225 4:00 - 4:45 New Technology in Document Management and Blackberry Devices - Speaker: Kim Balk Staff (Friday Students ____ $30 Track 2 - Substantive Staff (All 8:00 - 9:00 Estate Planning with Blended Families and Prenuptial Agreements - Speaker: Mark Gray Wednesday Night BBQ on the Patio (Tickets are $15 per person) ____ (quantity) $______(total charge) 9:00 - 10:00 (1 Fed) Non-Dischargeable Debts in Bankruptcy - Speaker: Habbo Fokkena 10:00 - 10:15 BREAK Thursday Night Dinner (Tickets are $30 per person) ____ (quantity) $______(total charge) 10:15 - 11:00 Now We’re in Deep Doo-Doo: Transferring Property with Septic Systems - Speaker: Craig Hastings 11:00 - 11:45 Mechanics Liens Perfection - Speaker: John Fatino Method of Payment: ___ Check enclosed Check Number ______CLE Season Pass ______11:45 - 12:30 Prenuptial Agreements - Divorce - Speaker: Dan Bray 12:30 - 1:30 LUNCH ___ Master Card ___ Visa ___ Discover ___ American Express 1:30 - 2:15 Trust and Probate Update - Speaker: Michel Nelson 2:15 - 3:00 Leases - Speaker: Prof. Neil Hamilton 3:00 - 3:15 BREAK Credit Card #:______Exp. Date: ______3:15 - 4:00 How Do I Dispose of My Farm Tenant - Speaker: Thomas Lawler 4:00 - 4:45 (.45 Fed) Economic Stimulus Package - Speaker: Prof. Roger McEowen Cardholder Signature: ______Track 3 - Quality of Life 8:00 - 9:00 (1 Ethics) Loss Control Best Practices - Speaker: Michael Furlong Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. questions call: (515) 697-7874 or 9:00 - 10:00 (1 Ethics) Legal Assistants: What They Can Do Ethically - Speakers: Marilyn Harms and Diana Benda fax (515) 243-2511 10:00 - 10:15 BREAK Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued onlyFor if written is received by the Bar 10:15 - 11:00 EDMS - Speaker: David Beckman by July 15, 2009. Written can be mailed, faxed or e-mailed to the Bar 11:00 - 11:45 Scanners, Naming Conventions, Pro-Law, PDF, E-Copy vs. Adobe - Speakers: Tyler Smith, Karlette Thornton, Brenda Swanson and Marilyn Harms Walk-in registration fee will be an additional $50 (fee will begin on July 21, 2009). noti�ication Of�ice noti�ication Of�ice. THE IOWA LAWYER June 2009

CLE Insert June 2009.indd 7 5/26/2009 2:33:42 PM ISBA General Practice Section Presents YLD Justice for All Golf (Central) The 2009 Two Person Best Shot State Championship Friday, July 24 Friday, August 28 The Preserve on Rathbun Lake Legacy Golf Club 12633 Resort Drive 400 Legacy Parkway Moravia, IA 52571 Norwalk, IA 50211

Schedule of Events Lunch: 12:30 p.m. Shotgun Start: 1:00 p.m. Registration: 9:00 – 10:15 Reception & Awards: Directly following golf Seminar: 10:15 – 11:30 (1.25 hours of Ethics CLE*) Golf: 12:30 Nestled within beautiful central Iowa rolling terrain, our well manicured public golf course is designed to attract and test golfers of all abilities. The Par 72 golf course, which opened in 2002, features vast bentgrass Cash Bar, Snacks & Awards: Immediately following golf fairways, undulating greens, and four sets of tees to a challenge to every skill level. For more information on the golf course, visit the website at www.thelegacygolfclub.com Please note: entry deadline is June 26 offer No refunds after the entry deadline

Entry fee: $100 per player includes Friday morning session of the Solo/Small Firm Conference, lunch, green fees, cart rental, driving range, prizes and trophies.

*Registration fee includes admission to Friday morning session of Solo/Small Firm Conference being held at Honey Creek Resort. Go to iowabar.org for more information on the Conference.

For more information on the golf course, visit the website at www.honeycreekresort.com Registration Form: Justice for All Golf Name : ______Member # ______Phone # ______Registration Form: 2009 ISBA Two Person Best Shot/CLE Address: ______City, State, Zip: ______Name : ______Member # ______Phone # ______E-mail: ______Sponsors Name: ______Address: ______City, State, Zip: ______Partner: ______or Team:______E-mail: ______Registration Fee: Individual Players ____ $85 each My lawyer golf partner is: ______or _____ (check here to be paired with lawyer) Gold Sponsors (includes 4 free golfers) ____ $800 Silver Sponsors (includes 2 free golfers) ____ $550 ____ Senior Division (if both lawyers are over 55 years of age, please check box) Bronze Sponsors (no golfers included) ____ $350 Registration Fee: ____ $100 each (lunch, green fees, cart rental, driving range and prizes included) Method of Payment: ___ Check enclosed Check Number ______Method of Payment: ___ Check enclosed Check Number ______Master Card ___ Visa ___ Discover ___ American Express ___ Master Card ___ Visa ___ Discover ___ American Express Credit Card #:______Exp. Date: ______Credit Card #:______Exp. Date: ______

Cardholder Signature: ______Cardholder Signature: ______Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions call: 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 (515) 697-7874 or fax (515) 243-2511 Your entry fee and registration must be received no later than June 26. No refunds after the entry Your entry fee and registration must be received no later than August 18. No refunds after the entry deadline. deadline.

THE IOWA LAWYER June 2009 THE IOWA LAWYER June 2009

CLE Insert June 2009.indd 8 5/26/2009 2:33:44 PM CLE Insert June 2009.indd 9 5/26/2009 2:33:46 PM YLD Justice for All Golf (Central) Friday, August 28 Legacy Golf Club 400 Legacy Parkway Norwalk, IA 50211

Lunch: 12:30 p.m. Shotgun Start: 1:00 p.m. Reception & Awards: Directly following golf Nestled within beautiful central Iowa rolling terrain, our well manicured public golf course is designed to attract and test golfers of all abilities. The Par 72 golf course, which opened in 2002, features vast bentgrass fairways, undulating greens, and four sets of tees to a challenge to every skill level. For more information on the golf course, visit the website at www.thelegacygolfclub.com offer

Registration Form: Justice for All Golf Name : ______Member # ______Phone # ______Address: ______City, State, Zip: ______E-mail: ______Sponsors Name: ______Partner: ______or Team:______

Registration Fee: Individual Players ____ $85 each Gold Sponsors (includes 4 free golfers) ____ $800 Silver Sponsors (includes 2 free golfers) ____ $550 Bronze Sponsors (no golfers included) ____ $350 (lunch, green fees, cart rental, driving range and prizes included)

Method of Payment: ___ Check enclosed Check Number ______Master Card ___ Visa ___ Discover ___ American Express 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 Your entry fee and registration must be received no later than August 18. No refunds after the entry deadline.

THE IOWA LAWYER June 2009

CLE Insert June 2009.indd 9 5/26/2009 2:33:46 PM Twitter, tweet, twello: microblogging, multi-tasking, and ethical communication By Melissa H. Weresh* So, what is the newest technological When a user decides to receive mes- posts tweets that craze to hit law practice? sages/tweets from another user, she be- are of interest to Twitter, say some devotees. Twit, say comes a “follower” of that user. Tweets are you. When you the naysayers. delivered to followers, who may forward or choose to follow What is Twitter, and how can it be “re-tweet” the messages to additional users. a user, you will used in law practice? Will it be a helpful Many tweets are merely announcements begin receiving addition to the technological arsenal, or of what the user is doing at any given time, their posts (tweets) as a constant stream another draining distraction? e.g., “Enjoying the beautiful weather of of incoming information on your profile That is what we’ll explore this month. the day.” In fact, when Twitter first began page. the posts were supposed to be in response What is Twitter? to the question, “What are you doing right And here is where it starts to sound Twitter is a free, online, social now?” Increasingly, however, Twitter is tricky to me. Most of us are burdened by networking service that enables you being used as a marketing platform, with massive amounts of e-mail. Twitter, of to send short messages (“tweets”) to users posting tweets related to a product, course, presents the same possibility of other Twitter users. Twitter has been an area of expertise or an announcement overflow. There is a burgeoning cottage described as a microblogging platform of breaking news. As David Harlow noted industry of software tools to help you man- that allows users to post text-based in a Jan. 2, 2009 post on the Health Care age your Twitter account. “Tweetdeck” messages of 140 characters or less. Law Blog: and “Filttr” are filtering applications that enable you to organize your tweets relat- “[Twitter] is a powerful medium to ing to topics of interest. “TweepBeep” is use for communicating with friends, a service that provides e-mail alerts when colleagues, communities with shared tweets are posted that mention you or interests, clients, potential clients, your firm/business. “Mr. Tweet” describes referral sources, and potential referral itself as a “personal networking assistant,” sources. There are over three million recommending other users of interest and registered users, including big business providing you statistics relating to your and lawyers from solos to Am Law Twitter account. 200 firms.” While Twitter was originally conceived as a broadcast system, it is the interactiv- To become a Twitter user, simply log ity between users that has increased its on to the site (twitter.com) and create popularity. As Kelly D. Talcott notes in a an account. By using your own name Feb. 19, 2009 post on the Law.com Legal as your user name, people will be able Technology Blog: to find you more easily. If you want users to be able to become your fol- “What really makes Twitter different lowers and view your tweets, leave the from blogs and e-mail is its real-time “protect my updates” box unchecked. interactivity. Because you can reply Once you have an account, you can send to another user’s tweet, and know that your friends the link to your Twitter the user will see your reply, you can ask page. You can access Twitter through a questions, have discussions, solicit input computer, mobile phone, and/or instant and share views. In short, Twitter is at messenger account. its most useful when it becomes a two- Users who have chosen to follow you way, or really, a multi-way street.” will receive your tweets when you post them. In order to locate users who you How can Twitter be used in might like to follow, you might begin Law Practice? by using a Twitter directory such as Proponents of the use of Twitter in law “Twello,” which is a general directory practice point primarily to its use as a organized by specialty, or “LexTweet,” marketing device. For example, Robert which is a lawyer-based directory. J. Ambroji strongly endorses the use of Most tweets are public, so you can also Twitter by lawyers in his column “Tweet find users to follow by viewing a user’s 16: 16 Ways Lawyers Can Use Twitter,” profile to determine whether that user published in the Oregon State Bar Bulle- 26 the Iowa Lawyer June 2009 tin. Of those 16 uses, nine relate directly sense, as you follow dozens, scores, or DOLLARS of someone else’s money!” or indirectly to marketing (expand your maybe hundreds of other Tweeters A few minutes later the juror tweeted, network; mold your image; distribute your throughout the day or hope they follow “Oh, and nobody buy Stoam. Its bad news; drive traffic to your blog/website; you. But, I sure hope you’re not my mojo, and they’ll probably cease to exist, message your colleagues; get noticed by lawyer (or my employee), adding yet now that their wallet is $12M lighter. news media; promote an event or seminar; another wave of cyber-distractions to http://www.stoam.com.” get more mileage from prior posts; and your workday, instead of focusing on Lawyers for Stoam asked for a mistrial, find clients). The remaining six uses efficiently providing quality services. claiming that the tweets demonstrated pertain more generally to enhancing your For us, maintaining multiple levels of juror bias prior to deliberations practice and gaining more expertise by, unessential multitasking is not a virtue.” In another Twitter/juror snafu, lawyers for example, finding new blogs; following for former Pennsylvania Senator Vincent local activities of the court, government, Commenting on the online O’Keefe/ Fumo asked a judge to suspend jury de- or local community; and providing a Giacalone debate, self-appointed Twitter liberations due to tweets and a Facebook virtual water cooler for social collegiality. curmudgeon and author of the Simple posting by a juror, including the message Justice Blog Scott H. Greenfield notes “Stay tuned for a big announcement on Similarly, Kevin O’Keefe, author of in a Nov. 16, 1008 post: Monday everyone!” LexBlog: Real Lawyers Have Blogs, argues “Twitter is what [O’Keefe] says it is, and Finally, in more general news, The that there is much to be gained by lawyers it’s also what [Giacalone] fears it is. It’s Daily Show host Jon Stewart criticized using Twitter. He cites the following a disconnected, never-ending stream of members of Congress who tweeted during advantages in a Nov. 15, 2008 post: consciousness series of one-liners that President Obama’s Feb. 24, 2009 address may, or may not, add or detract to your to Congress. • Lawyers are becoming better lawyers day. My guess is that it’s a lifeline for through their growing networks on lawyers who really want a water-cooler Yet to be tested Twitter. but don’t have one. But it’s not exactly Twitter is a relatively new technology, • A lawyer can gain immediate exper- fulfilling, in that there’s no assurance such that the applicability of rules of tise from a thought leader across the that you get any real or timely reaction ethics, professionalism and discovery country by asking a general ques- to anything you twit . . . Is this worth the are yet to be tested. However, Twitter is tion or sending a direct message via time it sucks out of your day, particularly a public forum, and notions of common Twitter. when added to the time checking RSS sense should apply. As Jason Falls noted • Clients get better served by immedi- feeds, blog posts and links, news stories, in a Mar. 30, 2009 post on Social Media ately connecting the client’s lawyer emails and anything else that comes Explorer Blog: with a needed lawyer in another across one’s computer? Not really. If country within a 1/2 hour (happened I’m busy, twitter is the first thing to go, “Our interconnected world is reaching yesterday on Twitter). providing the least benefit of all the into unprecedented omnipresence. The • Lawyers are meeting business associ- myriad forms of hi-tech communications. thoughts and notions of random people ates and prospective clients on Twitter Way too many tweets of way too little are now being broadcast around the world who arguably are in a higher demo- value and interest.” in lightning speed. For most people, few graphic group and more innovative will notice. But the fact that it’s there than the general business population. Ethical concerns changes the impact and measure of one • Lawyers are enjoying the practice of In addition to Twitter posing yet person’s opinions or experiences. It’s law more. another drain on the scarce resource of permanent. It’s indexed. It’s searchable. • Lawyers actively using Twitter glance time, there are yet-to-be evaluated ethical If it’s inappropriate or even illegal, you’ve at their Twitter application on and concerns arising in the context of a shot yourself in the foot.” off during the day, perhaps like one Twitter exchange. For lawyers, restrictions would read an article during a break on advertising and unauthorized practice Do you Tweet? How is it going? Does it from work. Such lawyers are not that present problems in the context of enhance your practice, or is it just another ‘tweeting’ throughout the day. blogs may present similar concerns for stream of information to manage? tweets. Also, because Twitter is a real-time I’d love to hear from you, but you’ll Twitter: Uses and Concerns exchange, there may be issues relating to have to e-mail me. I’m still trying to It is with O’Keefe’s final point that solicitation or the unintended creation of manage that inbox. opponents of Twitter take issue. For a lawyer/client relationship. example, Twitter skeptic and author of Other issues have arisen in the context *Melissa Weresh is professor of law, director of legal the f/k/a blog David Giacalone writes of legal proceedings and Twitter. In a writing, Drake University Law School. This series of essays explores professionalism, communication, in a Nov. 15, 2008 post: recent Arkansas case, lawyers for Stoam and interpersonal dynamics in law practice. The Holdings asked for a mistrial as a result of author welcomes suggestions as to content, and can “If you think that constant marketing or a juror’s tweets during the proceedings. be reached at [email protected]. attracting blawg visitors is at the core of The juror tweeted: “So, Johnathan, what your law practice (or your cyber-business), did you do today? Oh, nothing really. joining the Twitter revolution might make I just gave away TWELVE MILLION the Iowa Lawyer June 2009 27 Ethics Opinion

Ethics Opinion (09-01) Des Moines called “Court 2 Court 5K,” with its primary purpose to raise money (Use of Lawyer and Law Firm Name) which invites law firms, lawyers and busi- for Iowa Legal Aid. As such, all proceeds April 17, 2009 ness members of the community to place from the race are donated to Iowa Legal their logos or names on the event T-shirt Aid for the representation of low-income violates the Iowa Rules of Professional Iowans. Samuel K. Benham and Erica A. Nich- Conduct. The organization solicits sponsor- ols, law students on behalf of Drake Equal Drake Equal Justice Works is a public ships from law firms and lawyers, and, Justice Works, a student organization of service organization that engages in in exchange for a $250 donation, the Drake Law School (“the organization”), community service and civic fund raising organization offers to put the firm or sought the advice and opinion of whether activities. The 5K run is solely a fun run, individual’s name or logo on the back of their fund raiser, a 5K run in downtown the race T-shirts. These shirts would be given out on the day of the race to all the registrants and runners. The organization would also send a single shirt to the sponsor if the sponsor is not running in the actual race. Any law firm or individual is wel- come to sponsor the event, and none of the sponsorship proceeds are put towards the purchase of the T-shirts. The money for the shirts comes from runner registration fees. The question is whether the placement of law firm logos on the race T-shirts is inconsis- tent with previous Iowa Formal Ethics Opinions and the Iowa Rules of Profes- sional Conduct.

Opinion Benham and Nichols argue that the Canons of Ethics, the predecessor to the present Iowa Rules of Professional Conduct (Rules) and the prior Iowa Code of Professional Responsibility (Code) strictly forbade any form of lawyer advertising, but that Bates v. State Bar of Arizona, 433 U.S. 350 7KH%OXH%RRN (1977) caused a re-examination of the prohibition which resulted in the adop- tion of the Iowa Code of Professional )URPFRPSLOLQJWRSULQWLQJWRILQDOGHOLYHU\ZHPD[LPL]HRXUUHVRXUFHVWRSURYLGH Responsibility. In the following years, DGLUHFWRU\WKDWDOORZVFXVWRPHUVWRUHDFK\RXIDVWHUDQGPRUHHIILFLHQWO\$QG the Code was amended several times to remain compliant with relevant and ZLWKRYHU\HDUVRISXEOLVKLQJH[SHUWLVHZHFDQPLQLPL]H\RXUHIIRUWWRDFFHOHU evolving United States Supreme Court DWHWKHH[SRVXUHRI\RXUSURIHVVLRQDOEXVLQHVVOLVWLQJDFURVVWKHVWDWH7KH jurisprudence. FDQKHOS\RXUHDFKDELJJHUPDUNHW Generally, Code regulation favored disclosure over prohibition, and, in that regard, utilized the tool of the $ELJJHUPDUNHWLVRXWWKHUH “mandatory disclosure” as a way of ensuring that the public was given \RXWRRFDQUHDFKLWZLWKWKH %OXH%RRN sufficient objective information to be used in determining the need for legal 7RRUGHU\RXUFRS\RUWREHLQFOXGHGLQWKHQH[WHGLWLRQFRQWDFWXVDW services and selection of a lawyer. They submit that based upon disclo- /HJDO'LUHFWRULHV3XEOLVKLQJ&RPSDQ\,QFZZZ/HJDO'LUHFWRULHVFRP sure philosophy adopted by the Code,

28 the Iowa Lawyer June 2009 the predecessor Ethics Committee issued addresses and URLs, and the designation several ethics opinions applying the Code ‘lawyer,’ ‘attorney,’ ‘J.D.,’ ‘law firm,’ or the as it then existed to specific advertising like.” and marketing situations. For example Mandatory disclosures are still re- Remembering Opinion 80-31 prohibited a law firm quired as they concern the contingent fee from having its name on and distributing (32.7.2(h)(1)(ii)), fixed fees for specific ballpoint pens as “in complete and utter legal services (32.7.2(h)(2) and the institu- their legacy violation” of the Code. The same prohibi- tion of litigation (32.7.2.(i). tion was extended to key tags by Opinion We are persuaded that with the elimina- One of the best ways to 81-9. tion of those mandatory disclosures which Applying the mandatory disclosure were relevant to the issue then before the remember a deceased lawyer requirement of the Code in Opinion Committee it would appear that the ratio- is through a memorial gift to 91-48, the Committee did not allow a nale underlying the opinions discussed the profession to which he or law firm to have its name on a sponsor’s above no longer applies. she devoted an entire life. T-shirt to support a civic athletic competi- Surviving family members tion. Opinion 94-02 allowed a law firm to Conclusion can point with pride to the display its name as a sponsor of a publica- Accordingly, it is the opinion of the accomplishments memorialized tion in support of the University of Iowa, Committee that sponsorship of the “Court provided the mandatory disclosure was 2 Court 5K” run and placement of the in a tangible form. also published. firm’s name or logo on the event day T- The Iowa State Bar Foundation In Opinion 94-09 the Committee shirt is not improper under the Iowa Rules addressed the issue as to whether manda- of Professional Conduct. is a fitting place for tory disclosures were required for civic Furthermore the following opinions are contributions made in the or public service activities. It determined accordingly rescinded: honor of a deceased member. that a law firm could display its name as a Pens and Pencils: Opinions 80-31 and There the gift will be used sponsor on baseball uniforms without the 02-03 to support the Foundation’s required disclosures because “the softball Polo shirts, tote bag, key tags and note charitable purposes for team is a genuinely civic-public enter- pads: Opnions 94-10, 94-25, 81-9 and 95-28 prise,” but required that it not identify Event uniforms, tee-shirts, etc.: Opin- the advancement of the itself as a “law firm.” On the same day the ions 94-09 and 91-48 law and justice. Committee in Opinion 94-10 determined Recognition as supporting civic and that the Code did not allow a law firm to public events: Opinion 94-02. To memorialize a respected use its name and logo on a polo shirt for We trust that in developing their colleague, a spouse, a parent, wear during a “casual day” because “the marketing plans Iowa lawyers will act a grandparent, or just a friend, proposed ‘casual day’ is not a civic public reasonably and remember that when they send contributions to: The enterprise.” use the designation “lawyer” “attorney or Iowa State Bar Foundation, In Opinion 94-25 the Committee “J.D.” they call into play not only their own prohibited the use of a lawyer’s name on personal reputation but that of the profes- 625 East Court, Des Moines, IA a “tote bag” without the required disclo- sion as a whole. 50309. A representative of the sures. The same rationale was in Opinion Foundation will contact 95-28 and used as it concerned a lawyer’s For the Committee the family, acknowledge  name on note pads. In 2002 in Opinion Nick Critelli, Chair the gift, and a permanent 02-03, the Committee revisited the 1980 opinion prohibiting a lawyer’s name on  record will be made. a ballpoint pen. This time it authorized For more information, contact the practice provided the pens were only  distributed to the lawyer’s existing clients. The Iowa State Bar Foundation However Benham and Nichols argue at the address above, or via that with the adoption of the Iowa Rules phone at 515-697-7870, or e-mail of Professional Conduct, on July 1, 2005, 0HGLDWLRQ $UELWUDWLRQ at [email protected]. several — but not all — mandatory disclo- 5RJHU-0LOOHU0HGLDWRU $UELWUDWRU sures were no longer required. Instead, /DERU (PSOR\PHQW  Rule 32:7.2(g) now provides “[t]he follow- -RKQ)7KRPDV0HGLDWRU ing information may be communicated to :RUNHUV·&RPSHQVDWLRQ 3HUVRQDO,QMXU\ the public in the manner permitted by this &LYLO/LWLJDWLRQ rule, provided it is presented in a digni- 0F*UDWK1RUWK0XOOLQ .UDW]3&//2 fied style: (1) name, including name of )LUVW1DWLRQDO7RZHU6XLWH 2PDKD1( law firm, names of professional associates,  addresses, telephone numbers, Internet ZZZPFJUDWKQRUWKFRP the Iowa Lawyer June 2009 29 Seventy six new attorneys admitted to Iowa Bar

Seventy six new attorneys raised their Erin Dallinger-Lain, Des Moiines Thomas M. Cooley Law School right hands and quoted the lawyer’s oath Ryan Gallagher, Dubuque Paul Aitken, Davenport as part of being sworn in as practicing at- Scott Hall, Granger Kathleen Hiatt, Des Moines torneys in Iowa. Darren Harkins, Waukee Daniela Matasovic, Ames The ceremony took place April 17 at Gabriel Haugland, Urbandale Theodore Wonio, West Des Moines Hoyt Sherman Place in Des Moines. Brent Haydon, Hampton, Ill. University of Florida The University of Iowa College of Law Joshua Helgesen, West Des Moines Rodney Janis, Palm Beach Gardens, Fla. had the greatest number of graduates Benjamin Humphrey, Des Moines Cynthia Sharpe, Coralville (21) admitted to the Iowa Bar. Drake David James, Des Moines University Law School came in a close Tony James, West Des Moines University of Iowa College of Law second with 18 graduates. Amy Larkey Rickels, North Liberty Ian Baldwin, Hampton, Va. A total of 99 graduates took the bar Ashlee Lepa, West Des Moines Anastasia Brownlee, Iowa City exam in February. Seventy seven, or 78 Samuel Lyon, Des Moines Megan Dempsey, Minneapolis, Minn. percent, successfully passed. Amanda McDanel, Urbandale Kimberly Ellis, Oxford Following are the individuals who were Tamara Mullen, Des Moines Jordan Esbrook, Grinnell admitted in April along with their cities David Rittgers, Des Moines Brian Garfield, Des Moines or towns. They are listed by law school: Barrett Gipp, Decorah Franklin Pierce Law Center Sarah Hradek, Adel Cleveland State University Louise Foutch, Johnston Scott James, Des Moines Brian Lee, Avon Lake, Ohio Hamline University Karen Kopitsky, Ottumwa Creighton University School of Law Benjamin Bruner, Des Moines Drew Larson, Ames Janelle Niebuhr, Kansas City, Mo. Dora Villarreal-Miller, Moline, Ill. Patricia Meier, Iowa City Charles Sellers, Omaha, Neb. Liberty University Amanda Newman, Chicago, Ill. Drake University Law School Gil Leon, Naperville, Ill. Eric Parker, Minneapolis, Minn. David PilleJr., Des Moines Bryan Blum, Council Bluffs Ohio State University Minniette Bucklin, Baxter Sandra Sears, Davenport Lynne Sims-Taylor, Arnolds Park Carrie Thompson, Cedar Rapids Pepperdine University Sigrid Ulve, Moline, Ill. Scott Ham, Cedar Rapids Rian Waterman, Davenport Phoenix School of Law Kristen Wilcox, Cedar Rapids Niki Swank, Newton Laura Webb, Ridgeland, Miss. Lanny Zieman, North Liberty Seattle University Anna Dey, Des Moines University of Kansas Emily Friedman, Lawrence, Kan. Southern Illinois University William Hays, Rock Island, Ill. University of Louisville Jeffrey Wright, Rock Island, Ill. Kathryn Duccini, Dubuque St. Louis University University of Minnesota Mark Jacobs, Ballwin, Mo. William Laramy, Eagan, Minn. Patrick Martin, Minneapolis, Minn. Jordan Reilly, Eldora Ann Viksnins, Bloomington, Minn. University of Missouri-Columbia Anna Hawes, Grain Valley, Mo. University of Nebraska Kristi Busse, Spencer Thomas Kelley, Omaha, Neb. Trent Nelson, Norwalk Heather Smith, Waterloo University of South Dakota Laury Gries, Willow Springs, Mo. University of Wisconsin Caitlin Moore, Coralville William Mitchell College of Law Nathan Hostetter, Ames Justin Kroona, Columbia Heights, Minn. Megan Rosenberg, Hampton

30 the Iowa Lawyer June 2009 A deep spiritual life necessary for the practice of law By Jim Benzoni* When I was very young, I looked at the treasures in heaven, where neither thieves to understand my clients, and maintain chaotic condition of the world with millions break in nor moths destroy…” that balance of concerned detachment so of people suffering. I knew then I must In my practice, my clients are generally necessary for effective representation. The dedicate my life to relieving that suffering. from very poor countries, and many are truth of a position or court opinion — or The only question was: How? quite poor themselves. Nevertheless, I try lack thereof — is much more clear. And I As the second child of an Irish Catholic to give each of them one assignment: to am able to put into words and form cogent mother, I had three basic options: doctor, find one project in their home country, arguments regarding those deep concerns lawyer or priest. Doctors heal the body; perhaps a clinic or school or homeless and feelings that are the essence of the lawyers help people sort out their lives and child. The clients must commit to the proj- good strong practice of law — including finances; priests guide people in their spiri- ect for the rest of their lives, and involve feelings of outrage and injustice and cor- tual lives. Of the three, it was obvious to me their own families and children in the ruption of that which is sacred in our own that the work of the priest was by far the project. The project must not be too big, constitutional system. most important and of the greatest impact. or the client will become discouraged and We became lawyers (hopefully) out of a While I did spend six years studying for quit or not even start. desire to be of service and perhaps to help the ministry, the priesthood thing did not If the client follows my advice, I know his seek justice for the poor. The practice of quite work out as originally planned. Yet or her life will be greatly enriched. He or law is stressful and demanding. Our clients I find that youthful insight into the condi- she will probably not get in trouble again, are often in pain — or motivated by less tion of man remains true today. and will prosper. Clients will remember than the highest principles. We can help My entry into the ministry and desire their home countries and remain humble. them re-orient their spiritual compass and to be of service eventually led me to the And they will pass a rich legacy to their live much more fulfilling happy lives. In practice of law. And it is here that I find home children — and to those they assist. doing so, we will have performed by far the the underlying truth of that youthful sight And together we will have made the world greatest service possible — and the world arises daily in my practice. a better place. And finally — and not coin- will be a better place for it. Almost all of our clients are in spiritual cidently — I find that I have a much better *Jim Benzoni practices primarily in the area of trouble. If we do criminal or divorce work, chance at winning their cases if they will do immigration law in Des Moines. that fact is painfully obvious. Our clients in this simple yet deep spiritual step. these situations generally have gotten their I frequently address my clients’ spiritual priorities seriously screwed up. life. I generally find that they have moved LANE For others of us, it may be much more far away from the deep religious practices subtle. In the area of immigration, where they learned as children in their own &WATERMAN LLP ATTORNEYS AT LAW SINCE 1854 my practice is focused, moral questions fre- cultures, whether from this country or quently arise — but may be ignored or not another. They have generally fallen into even recognized. For example, is helping a material selfish pursuits, and become young doctor immigrate to America from a addicted to something. If they are poor, it Mediations & Arbitrations country like India, with more than 700 mil- is frequently drugs. If they are wealthier, it lion desperately poor people, or Pakistan may well be to living the good life. In fact, Labor & Employment Law with an proportionate number of poor, the I have found the main difference between Civil Rights morally right thing to do? wealthy and poor clients is their clothes — Civil Litigation Obviously, the doctor wishes to come to and the poor clients are generally humbler. MEDIATOR & ARBITRATOR the USA because the practice of medicine As a lawyer, I find I must work to William C. Davidson is so lucrative here. But the amount of maintain my own spiritual life. I try to service he or she could render to the poor take time each day for prayer, meditation, of the home country far outweighs whatever and spiritual inspirational reading. impact he or she may have here. And the Most recently, I have been reading the Civil Litigation spiritual poverty of choosing to come to Q’uran (Koran) and found it to be a most MEDIATOR & ARBITRATOR America for money is in-your-face obvious. wonderful book, full of spiritual insights Thomas D. Waterman How many of our clients are motivated and deep wisdom. Among my favorites is by similar thinking? Our clients may have a Jesus’ Sermon on the Mount found in the few extra dollars to invest. Perhaps they will first part of Matthew’s Gospel, and the Civil Litigation get a far greater return spiritually on their Prayer of St. Francis of Assisi (which hangs MEDIATOR & ARBITRATOR investment by building a school in Niger or in my front office where both attorneys a clinic in the Congo, than by another real and clients can see it). These practices help John D. Telleen estate venture. keep my own life in balance, and make me I remember a very wise and wealthy a better lawyer, husband and father. 220 North Main Street, Suite 600 investor once counseled: “Store not your Developing and maintaining these Davenport, Iowa 52801 treasures on earth, where thieves break spiritual practices likewise assists in my 563-324-3246 in and moths destroy; rather, store your practice of law. I am much better equipped www.l-wlaw.com

the Iowa Lawyer June 2009 31 TRANSITIONS

Jack H. Pennington has become a Minniette E. Bucklin Tony L. James has shareholder at the law firm of Dreher, Simpson and Leah E. Joseph have joined the Des Moines firm & Jensen, P.C., in Des Moines. L. Chris Knauf become associated with Ahlers Bradshaw, Fowler, Proctor & has joined the firm as an associate. & Cooney P.C. in Des Moines. Fairgrave, P.C. as an associate. Jack received his B.A. Leah received her B.A. from Tony received his B.A. from from the University of Iowa in Creighton University and her Lyon College in 2001 and 2000 and his J.D. and M.S. J.D. from Creighton University his J.D. in 2008 from Drake from Creighton University School of Law. She is admitted University Law School. His Leah E. Joseph Tony L. James in 2003. His practice areas to practice in Illinois, Missouri primary practice is litigation. include employment and labor and Nebraska. She is practic- law, personal injury, workers’ ing with the firm in public compensation, and civil and finance. Minniette received Trista L. Menzer Jack H. business litigation. her B.A. from the University of has joined Stanley, Lande Pennington After receiving his B.S.B.A. Iowa in 1999 and her J.D. from & Hunter, a Professional from Creighton University Drake University Law School Corporation, as an associate. in 1998 and his J.D. from in December 2008. She was Trista received her B.A. from Creighton University in 2001, admitted to the Iowa Bar in Saint Louis University in 2004. Chris worked for the Steier She received her J.D. from Minniette E. 2009 and will practice with the Group of Omaha, NE as a Bucklin firm in public finance. Saint Louis University College senior campaign manager until Trista L. Menzer of Law in 2007 and is admitted July 2007 when he was hired to practice law in both Iowa as a staff attorney for Iowa Jeana L. Goosmann has and Illinois. Her practice Legal Aid. Chris is admitted founded Goosmann Law Firm includes but is not limited to estate planning, to practice in both Iowa and PLC, in Sioux City. The firm’s taxation and probate. L. Chris Knauf Nebraska and will have a general practice includes primary focus on general but is not limited to banking, litigation and family law. bankruptcy, commercial law, Carrie L. Thompson has collections, communications joined Simmons Perrine Moyer law, contracts, corporate Bergman PLC as an associate Benjamin D. Bruner has Jeana L. law, debtor and creditor, in the firm’s Cedar Rapids joined the law firm of Smith, Goosmann employment, health care, office. Carrie earned her B.S. Schneider, Stiles & Serangeli, litigation, real estate, and degree in 2004 from Mount P.C. as an associate attorney. wills, trusts, estate planning & probate law. Mercy College and her J.D. Ben received his B.B.A. from Jeana graduated from Creighton University in 2008 from the University the University of Iowa in 2005 School of Law and from the University of Carrie L. of Iowa College of Law. She and his J. D. from Hamline Nebraska-Lincoln. Currently, she serves as Thompson practices in the areas of University in 2008. His prac- president-elect of the Iowa State Bar Association Benjamin D. business and commercial tice areas include real estate, Young Lawyers Division and vice chair of the Bruner estate planning, probate, litigation, family law, environmental law and Bankruptcy and Commercial Law Section. She intellectual property law. taxation and corporate law. practices in Iowa, Nebraska and South Dakota.

Transitions Submissions only by e-mail Copy deadline for Transitions is 30 days before the month of publication. Please follow the same style published here and keep submissions short and to the point. For new hires and promotions, the name of the law firm is not as important as the individual involved, so mention the lawyer first. Always submit a photo of the subject. If it is to be digital, please use the “.jpg” format only. Make all submissions in plain text or Microsoft Word “.doc” format via e-mail to [email protected] and please do not expect late submissions to be published immediately. We need at least a 30-day interval before publication. Include office phone number and name of the person furnishing the copy. Questions? Call Chris Fritz at 515-697-7873. Thank you for your assistance.

32 the Iowa Lawyer June 2009 Drake Law School to offer new master programs in law Drake University Law School recently established Master of Laws (LL.M.) and Master of Jurisprudence (M.J.) programs in Intellectual Property Law, Health Law and Individualized Studies. Open to both domestic and interna- tional students, the programs will commence in fall 2009. Students may enroll on a full-time or part-time basis. The LL.M. degree is an internationally recog- Bar Leadership Institute nized postgraduate law degree aimed at lawyers ISBA Executive Director Dwight Dinkla (second from left) and Vice President Frank Carroll (third from and recently graduated law students. The M.J. left) attended the American Bar Association’s Bar Leadership Institute in Chicago recently. The two degreeHE Bis specially designed for non-lawyers, are flanked on the left by ABA President H. Thomas Wells, Jr., and on the right by ABA Executive Tsuch as doctoralAR students in other disciplines, Director Henry F. White, Jr. Held annually for incoming officers of state and local bars and other bar- D policymakers, government officials, business related organizations, the BLI provides an opportunity for incoming officers to confer with experts on N U executives, doctors, scientists, journalists, health bar operations, and to pick up tips on bar governance, finance, communications and planning for a presidential term. Photo courtesy of the ABA. O care professionals, intellectual property agents R and computer programmers. A Students enrolled in the LL.M./M.J. Programs will be able to select from a wide variety of courses in the specialized areas of agricultural, health and intellectual property law as well as in human rights and international and comparative law. Students also will be able to participate in a rich array of co-curricular activities, including lectures, symposia, externships, student organiza- tions and faculty-supervised research. To provide flexibility, the law school offers an LL.M./M.J. in Individualized Studies, which allows students to fashion a curriculum that fits their professional goals and career objectives. The degree is ideal for students who seek an advanced curriculum that facilitates their transition to practice or for foreign lawyers-students who seek a grounding in American law. The addition of the LL.M./M.J. degrees to the curriculum helps further the law school’s commitment to providing an exceptional learning environment that integrates legal theory and the development of professional skills and the ideals of ethics and professionalism, according to law school officials. For general inquiries about the new programs, contact Professor Hunter Clark at 515-271-2063, [email protected]. For more specific inquiries, contact the director of each LL.M./M.J. program or concentration: Health Law: Stacey Tovino, 515-271-2075, [email protected]. Human Rights and Global Citizenship: Hunter Clark. Bridge the Gap winner Intellectual Property Law: Peter Yu, 515-271-2948, Mark Hobert holds up the iPod Touch he received as the grand prize winner in the door prize drawing [email protected]; at the recent Bridge the Gap CLE seminar at the Des Moines Marriott Hotel. “This is a good program for Sustainable Economic Development: Neil getting good materials and for brushing up on areas that I don’t practice in a lot,” the federal govern- Hamilton, 515-271-2065, [email protected]. ment attorney said. “It’s a great program; I’ve been coming for many years.”

the Iowa Lawyer June 2009 33 CLASSIFIED ADS

2-3 years courtroom experience, excel- PUBLISHER’S NOTE: E-mail submissions to the CLASSIFIED ADVERTISING section lent research and writing skills, ability to are requested. They save keystrokes, thus cutting down on our production time, and take direction and work independently, help to assure accuracy. Please follow the style of the ads appearing here, indicate the and depositions experience. Competitive classification where you want your ad to appear and state how long the ad is to run. salary and excellent benefits. Please send Each ISBA member of a private law practice receives two free insertions annually. cover letter with salary requirements, Corporate and government attorney members of the association receive the same resume, references and writing sample free privileges for their business, non-employer-related ads. If you have questions, by fax to Melinda Strickland, HR call Steve Boeckman at 515-243-3179. E-mail your copy to [email protected] Director, 303-825-0434 or by email The number appearing in parentheses after each ad is not a box number. It indicates the date the ad will be pulled from the magazine. (TF) indicates the ad will run until we to [email protected]. To learn receive instructions to pull it. Deadline for submissions is the first of the month prior more about our firm, visit our website to the month of publication. at www.kcfpc.com. (SE) COMMERCIAL ADVERTISERS: Contact Shannon Espenscheid, 641-474-2280 or David Larson, 515-440-2810. Positions Wanted

ENVIRONMENTAL/RENEWABLE SEEKING POSITION — Licensed Iowa Positions Available ENERGY LAW ATTORNEY — and Minnesota attorney with extensive Shuttleworth & Ingersoll, P.L.C., an experience in corporate governance and ASSOCIATE — Quad City firm is seek- established AV-rated firm located in compliance, mergers and acquisitions, ing two recent graduates for the positions Cedar Rapids with a strong and growing commercial real estate, labor/employ- of associate. Our associates will practice environmental/renewable energy law ment law and contracts seeks position in in two of the following areas of law: practice, is seeking an attorney with at private practice or for a company based personal injury, workman’s compensa- least 2 years experience in environmental in Iowa. For last 20 years practiced tion, family law, criminal law, probate or and/or renewable energy law matters. in-house for two large public companies real estate. This long established firm Excellent academic credentials and in the real estate and manufacturing of eight attorneys is expanding the legal strong interpersonal and writing skills industries handling a variety of complex staff. Salary will commensurate with ex- required. The firm offers competitive transactions (acquisitions, mergers, perience. Full benefits. All inquiries will compensation and excellent benefits. strategic partnerships). Led development be held in strict confidence. Please send Confidential inquiries, including resume of international compliance programs resume, salary history and cover letter and cover letter detailing experience, to meet Sarbanes-Oxley requirements to: Winstein, Kavensky & Cunningham, should be addressed to: Laurie L. and developed uniform contracting ATTN: D.S. Fogle, P.O. Box 4298, Dawley, Shuttleworth & Ingersoll, P.L.C., program to support sales organizations. Rock Island, IL 61204-4298; or email 115 Third Street, S.E., Suite 500, Cedar I am adept at building strong relation- [email protected]. (8-09) Rapids, IA 52401. (7-09) ships and highly performing teams. If your firm or company is in need of a LEGAL SECRETARY/PARALEGAL ASSOCIATE — Kennedy Childs and hard-working, ethical attorney desiring — Small downtown law firm seeking Fogg, P.C.’s Delta, Colorado office seeks to contribute to your bottom-line, please litigation paralegal with secretarial an associate with 3+ years’ experience contact me at Iowa Lawyer, Code 051909, skills. Please send resume to: Law in insurance defense, medical malprac- 625 East Court Ave., Des Moines, IA Offices, Attention: Renee, P.O. Box tice preferred. This is a unique opportu- 50309; e-mail: [email protected]. Please 6010, Des Moines, IA 50309 (7-09) nity to do high level litigation at a Denver include code number on envelope if mail- salary and live in the mountains. Needs ing and in subject line if e-mailing. Inqui- ries will be held in strictest confidence. (8-09)

OWA RUST SSOCIATION Updated I T A Career Center for 2009! Will & Trust Forms Book ARE YOU SEARCHING for a new The latest edition of the Iowa Trust Association’s popular Will and Trust forms book is now updated and available. By the law fi rm of Schiff Hardin & Waite in Chicago, the 2009 issue includes over 36 associate or law partner? Are you looking different Will, Trust and Estate and Charitable Planning Forms and commentary. Each form can be ed- for a different full- or part-time position? ited to meet your specifi c needs. The forms range from the very simple Will/Trust to the more complex Go to www. iowabar.org and click on the forms. There are 125 different special powers and provisions that can be used to tailor the document to ISBA Career Center. (TF) your client’s situation. Included with your order is a printed copy of the book and a computer disc with the contents of the manual in MS Word and PDF formats. Orders are now being taken for the newly updated book and discs. If you have any questions, please contact ITA at 800-800-2353. Expert Software 2009 Will & Trust Form Prices ITA Member: $499 LegalWorks Guidelines for Iowa. Nonmember: $625 Windows version. Calculates child To order, call the ITA at 800-800-2353 or see the ITA website at support pursuant to Iowa child support www.iatrust.com for an order form. guidelines worksheet and client’s

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34 the Iowa Lawyer June 2009 CLASSIFIED ADS for pricing and delivery information. to gourmet & ethnic restaurants; dramatic behalf of a crime victim should give Satisfaction guaranteed. LegalWorks foyer view of the courthouse clock tower; notice to the Crime Victim Compensation Software, P.O. Box 22127, Des Moines, broadband wifi available throughout Program upon filing a claim on behalf Iowa 50325. www.legalworkssoftware.com the building; privacy and professional, of the recipient. The Crime Victim (SE) discrete service assured. 200 North Compensation Program will pay a Main Street, Fairfield, IA 52556. For prorated share of the expenses incurred Experts reservations, call (641) 472-2000. (7-09) in obtaining a judgmentor verdict. Questions? Contact Rob Wheeler, Architecture and Construction NOTICE: — Medicaid Recovery Program Administrator, Crime Victim Expert Witness — Programs: Casualty Lien Recovery – Assistance Division, 515-281-5044. (SE) Architect, and Contractor, 34 years Iowa Code 249A.6 provides that the Iowa experience. Available to assist plaintiff or Department of Human Services has a lien defense attorneys. Specializing in: against the recovery recipients obtain Building Available • Building Codes from third party tortfeasors. An attorney Uniform Building Codes (UBC, UMC, representing an applicant for, or recipient BUILDING FOR SALE OR LEASE UPC, UEC, UFC) – Americans with of, assistance on a claim upon which the — Attorney in Des Moines is retiring Disabilities Act (ADA) – OSHA – department has a lien under this section from the practice of law and desires to International Building Code (IBC) – Life shall notify the department of the claim. sell or lease building on Des Moines Safety Code (NFPA 101) – Council of For further information, contact Michelle eastside. Perfect for a recent graduate American Building Officials(CABO) Greethurst, 515/725-1007. or established attorney. Building and • Industry Standards Estate Recovery – Iowa Code 249A.5(2) location have been a law office since the American Institute of Architects (AIA) – provides that the provision of medical mid 1970s. Building is in good condition Associated General Contractors (AGC) – assistance creates a debt due the and has space for up to six offices plus National Fire Protection Association department from the individual’s estate waiting room and receptionist space. (NFPA) – American National Standards for all medical assistance provided on the Details of sale or lease negotiable. If you Institute (ANSI) – American Society of individual’s behalf for those recipients would like to explore this opportunity, Testing Materials (ASTM) – Underwriters please contact me at 1111 E. University Laboratories (UL Standards) – American 55 years of age or older or a resident of a facility. The personal representative or Des Moines, IA. (515) 265-9941 or Society of Refrigeration Engineers 515-208-3890. (7-09) Association (ASREA) executor may be held personally liable for • Usual and Customary practices the amount of medical assistance paid on Safety – Owner – Contractor relations behalf of the recipient if a distribution Undocumented agreements / Change is made without having executed the orders / Cost overruns obligations pursuant to section 633.425. Since it’s Workmanlike craftsmanship – For further information, contact: Ben Construction methods Chatman, 877/463-7887, 515/725-1005, seldom this easy Licenses, Affiliations and Memberships: www.iowa-estates.com. (SE) to identify a Architectural Licenses: Iowa, Nevada, Indiana – National Council of NOTICE CRIME VICTIM financial fraud, Architectural Registration Boards SUBROGATION. Do you represent a (NCARB) – International Conference client who has received medical benefits, you need of Building Officials (ICBO) – Iowa lost wages, loss of support, counseling or Association of Building Officials (IABO) – the expert funeral and burial assistance from the opinion of National Safety Council (NSC) – Crime Victim Compensation Program of Iowa/Illinois Safety Council (IILSC) – the forensic the attorney general’s office? When your accountants at National Fire Protection Association (NFPA) client applied for compensation benefits, John G. Kujac, NCARB • 515-795-4001 Taylor Rees Beckey. a subrogation agreement was signed [email protected] • www.kujac.com (SE) pursuant to Iowa Code section 912.12 Tony Rees and Denny Taylor (1995). The attorney who is suing on assist with the identification of the source of financial Miscellaneous problems and in the delivery of MEETING LOCATION knowledgeable testimony. — Ideal location for depositions, meetings and Private Trusts seminars in southeast Iowa. Valuation of Life Insurance Policies 800.773.2727 The new Fairfield Arts [email protected] and Convention Center for Life Settlement Fiduciary faces the Jefferson County Courthouse and has Compliance meeting rooms available for daily or weekly rental. First-class downtown business dispute • divorce • probate litigation facility, walking distance www.gnfgroup.com fraud • business valuation • p.i. the Iowa Lawyer June 2009 35 3248_IALawyer_MrAssets_FINAL_1201 1 12/5/08 8:16:13 AM CLASSIFIED ADS Office Space Available

OFFICE SPACE — Office sharing opportunity for an attorney to share office space with two other law- yers at Ashworth Towers in West Des Moines with a furnished office and full services available, includ- ing conference room. Approximately $668/ month. Available now. Secretarial services nego- tiable. Excellent opportu- nity for possible association with established workers Law Day winners High school and middle school students from Des Moines-area schools hold the certificates they received for their compensation and personal contributions to the Polk County Bar Association’s Law Day Contest. The students and their teachers were honored injury practice. Call Sara at the PCBA’s annual Law Day luncheon at the Hotel Fort Des Moines for their essays and poetry on Abraham at 515-222-0201. (8-09) Lincoln, this year’s theme.

ANKENY — Office Space available in law offices in the Uptown Ankeny business district. Shared services available include receptionist, copy and fax machine, high OFFICE SPACE AVAILABLE — confidential relationship. We are the speed internet, conference room, and Excellent small firm location on 50th Iowa Lawyers Assistance Program. Under kitchen. Easy ground level access for Street in West Des Moines, 100 yards order of the Iowa Supreme Court, all clients and free client parking. Available from I-235 entrance. One space is 821 communication with us is privileged and March 1, 2009. Call 515-963-1000 or email: square feet with one large office, two private. Our directoris a former lawyer, a [email protected]. (SE) smaller offices and conference room; recovering alcoholic and drug addict. He second space is 2,118 square feet, with is a trained substance abuse counselor six offices, reception area and large and an Employee Assistance Professional conference room. For information, (EAP). We cannot help unless you call call Laurie at 515-223-6600. (SE) — 515-277-3817 or 800-243-1533 — or message (in confidence) help@iowalap. com. All you have to do is ask us to contact Personal you. No other details are necessary. We www.iowabar.org will call you. The Iowa Lawyers Assistance If depression, stress, alcohol Program also can provide speakers for or drugs are a problem for you, we local bar associations. Just ask. (TF) can help. We are a non-profit corporation offering attorneys free help in a totally Condo Available

FOR SALE OR RENT — Beautiful ground floor condo just feet from the Gulf in Boca Grande North complex, Boca Grande, Florida. Enjoy the relaxed slower pace of the charming island of Boca Grande with it’s great fishing year round, and the annual world renowned tarpon fishing tournament. Two bedroom, 2 bath fully furnished unit with attached lanai. Breathtaking sunset views. Call Jonathan Kramer for more information, 515-321-8157. (SE) 36 the Iowa Lawyer June 2009 Introducing the ISBA’s 123rd president, Jane V. Lorentzen – Preservation of judicial merit selection system, economic concerns, work/life balance are key issues in the coming year

If pedigree has any bearing on and their nine-month-old son. He is a John with getting me through the bar how effectively an ISBA president dis- photo researcher who recently got a job exam. I took the preparation course, then charges her/his duties, Jane Van Werden with Playboy Enterprises. He purchases in the evenings, we’d take long walks and Lorentzen is in great shape. non-nudie photos to correspond with the he would quiz me on the areas of law I had The 123rd president of The Iowa State articles, or at least that’s what he tells Mom. just studied. Doesn’t sound romantic, but Bar Association, who takes office I passed. My parents sent John flowers! June 25, is the first third-generation I would describe our marriage as a Iowa attorney to serve in bar leader- level playing field. I defer to John on ship, as far as she can determine. Her financial matters, and he defers to me father, James E. Van Werden, served on medical questions. I have a Bach- on the ISBA Board of Governors from elor of Science degree in Nursing from 1982-1985. Her grandfather, Charles the University of Iowa, and worked as D. Van Werden, now deceased, also a pediatric nurse for a couple of years served on the board beginning in at the University of Iowa Hospitals 1945. and Clinics. Jane also can claim another distinc- John and I have two children. Will tion. She’s only the second female is 15 and will be 16 on July 4. He is a president in the association’s 135-year sophomore at Roosevelt High School existence. Carroll Reasoner, Cedar and Central Academy. He plays base- Rapids, was the first, serving as presi- ball, swims and studies a whole lot. dent in 1991-92. Madeline, “Maddie,” is a seventh A partner at Hopkins & Huebner PC grader at Callanan Middle School. in Des Moines, Jane practices primarily She participates in synchronized in Workers’ Compensation law, mostly swimming, softball, cross-country, on the defense side, although she occa- drama and band. sionally handles claimant cases. She has been with Hopkins & Huebner since Q. Why did you choose to become being admitted to the bar in 1991. a lawyer? It sounds like you had Recently Jane sat down with the Iowa already started a career as a nurse. Lawyer and talked about her back- A. I had hung around my dad’s law ground, her leadership style and the office as a child and at times had inter- priorities she sees for her presidency. My husband, John, was born and raised action with some of his clients. I learned in Des Moines. His father, Jim, founded the that a lawyer can really make a difference Q. Tell us a bit about your back- Patterson, Lorentzen, Duffield, Timmons, in someone’s life and that made the law ground. Where did Jane V. Lorentzen Irish, Becker and Ordway law firm, now interesting for me. come from and who is she today? known as the Patterson firm. John is a After I graduated with a B.S.N. degree A. I was born in Iowa City while my partner at Nyemaster, Goode, West, Hansell and started working as a registered nurse, dad was in law school and my mother was & O’Brien PC in Des Moines. I decided to take the LSAT and see how working as a nurse. We moved to Adel I met John the first semester of my third I would do. It wasn’t going to break my when I was one, after my dad graduated year in law school at Drake. He taught in- heart if I didn’t do well enough on the test from law school. That’s where I grew up. surance law as an adjunct professor. After to be admitted to law school. But I liked I have two brothers. Drew is three years all the grades were turned in at the end of the idea of combining law and medicine. younger than me and lives in Winterset the semester, he asked me out. A mutual I did well enough on the LSAT to be with his wife, Karin, and three sons. He friend suggested he ask me out, but I accepted into law school. Even so, I delayed is a partner of Ficep Corporation, an thought John was much too intelligent for my admission for a year because I wasn’t Italian company representing structural me. I was right. completely sure I wanted to practice law. steel processing machine tools for North Our first date was on New Year’s Eve. We Having the medical background has America. Bill is 10 years younger than me. were engaged exactly one year later at the been very helpful in my practice of He lives in Chicago with his wife, Erin, same Greek restaurant. My mom credits workers’ compensation law. I can read the Iowa Lawyer June 2009 37 medical records and understand diagnosis bility if I was wrong. When I was feeling but it’s critical to a successful practice. and pathology much better than if I didn’t down about losing my first big case, he Giovannetti and Harrison helped me have the medical background. said, “Do you know what you get when you learn that the attorney’s job is to give lose a big case? A reputation for the abil- advice and let the client make the deci- Q. Who are some of the heroes in ity to try a big case.” I’m reminded of that sion. They taught me, too, that the case your life — people who’ve had a more often than I’d like. is the client’s case, and whether or not significant impact on you? Senior partners E. J. Giovannetti and you personally agree with the direction A. My parents. They’ve always been sup- Frank Harrison taught me a lot about client the client wants to go, you must represent him or her to the best of your ability — of portive and never steered me wrong. relations — how to handle a client when course within the bounds of ethics. Also Marv Duckworth at Hopkins & you have a particular recommendation and Huebner, who died five years ago. He was they disagree with your suggested course of my first mentor in the practice of law. He action. Or how to speak intelligently with a Q. What do you consider some of gave me a lot of rope, but took responsi- client when he or she is wrong. your major accomplishments or most Law schools don’t teach client relations, satisfying experiences? A. One of the most enjoyable things I do is work with the West-Side Des Moines Choose the Right Protection Chamber of Commerce. I’m a founding member and the current secretary. We’re at the Right Price! working to promote businesses on the west side of Des Moines. Although we’re just getting started, we’ve seen some success. It’s fun to work with people from other professional backgrounds. I’ve served on the Iowa Workers’ Com- pensation Advisory Committee, Inc. since 2002. The advisory committee is made up of five different groups — insurance de- fense attorneys, claimant’s lawyers, labor, Marsh makes it easy for employers, and insurance companies. Our you to obtain the malpractice job is to educate others on Iowa’s Worker’s protection you need by Compensation laws and serve as a sound- ing board for the Iowa Workers’ Compen- continuously evaluating sation Commissioner. all of the available options. I’m also a representative on behalf of Without question, that program is proliability.com. Hopkins and Huebner to the advisory t
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MARSH Misc: N/A work and there and we should be prepared to defend our are a myriad selection process. of activities Finally, I’ve already mentioned develop- going on in the ing a best practices guide to diversity plan- household. The ning. The publication would provide firms bottom-line is — with information and assistance on issues and it’s chang- of work/life balance, hiring of minorities, ing — society women, those with disabilities, etc. still expects the mom to get the Q. What issues do you see facing the laundry done, ISBA in the next 10 years? get the food A. The practice of law is becoming more on the table, and more specialized. Specialized bar get the kids to associations are forming at an increasing their organiza- rate, which could detract from the ISBA. tions and prac- Our state bar association needs to main- tices, line up the tain strong sections and committees so Jane checks voice messages in her office at Hopkin & Huebner PC on Des Moines’ babysitters, and that we offer value to all attorneys, includ- near west side. To the left of the phone is a framed photograph of her daughter Madie so forth. Thank- ing those that specialize. executing a back flip in midair as part of a synchronized swimming competition. fully, that’s not Attracting new attorneys in rural areas the Lorentzen is another issue. I hope we don’t see rural household. practices go away. Part of the problem action and lead others to correct decisions. My husband does a fair job with house- is that younger lawyers can’t accept a As far as the board of governors is con- hold chores and a great job with our kids. $45,000 salary because of large student cerned, I don’t anticipate much change in I think we’re a pretty good example of meeting format. I will encourage discus- how working couples must divide and sion among the governors, and be insis- conquer on the home front in order tent on opportunities for them to spend to function. It takes away from both of time together and get to know each other, our firms and we’re appreciative of their since one of the benefits of being on the tolerance. But our number one commit- board is the opportunity to meet lawyers ment is our family. from all over the state. I don’t anticipate making gender Q. Why did you decide to run for an issue, although I would like the bar president of the association? to develop a best practices guide as it relates to diversity planning for corpora- A. There are a number of reasons: tions, government and law firms. Larger • Many people encouraged me corporations are asking questions of law to run, which provided me with firms: How many women attorneys do confidence to do it. you employ? How many minorities? • I thought maybe I could offer the Diversity is becoming relevant to the ISBA some perspective it hasn’t business world and it only makes sense seen much of in the past. for the practice of law to follow suit. • I want to try to maintain traditions of the past but tackle today’s issues Jane holds a fish she caught recently near the Q. What issues affecting the Iowa Lorentzen’s lake home in northern Minnesota. facing the ISBA. The make-up of bar do you see needing to be addres- ISBA membership is much differ- Work/life balance is important for a healthy sed during your presidency? practice of law, she believes. ent than when my father was on A. One issue is the economy. We’ve seen the BOG, for example. the effect it has had on the judicial branch loan burden. We could explore expand- • Why not? I’ve always liked a good budget. Frankly, it is affecting lawyers ing the ISBA-sponsored Loan Repayment challenge. as well. We need to address how we can Assistance Program (which currently serves Q. You are only the second female help the lawyers in Iowa maintain their those that practice in a public interest field) president in the 135 years of the as- practices and maintain their incomes, if to include attorneys willing to locate their sociation’s existence. How do you see not increase them. practices in underserved areas. that affecting your presidency? Due to the recent Iowa Supreme Court decision on gay marriage, I anticipate Q. Any additional thoughts? A. I don’t see it as being that significant attacks on our system of merit selection A. I am really truly honored to have this and, frankly, I’m somewhat embarrassed. I of judges. Having talked with bar leader- opportunity to lead the ISBA. However, no do what I do, not because I’m female, but ship from other states, I’m convinced president does this alone. The only reason because it’s the right thing to do. our modified Missouri plan produces I can do it is because of the support of my What I do have to offer the bar is experi- excellent judges. The state of Iowa would family, friends and my partners at Hopkins ence with the balancing act that many cou- not be well served by judicial elections and Huebner. ples encounter today when both parents the Iowa Lawyer June 2009 39 N O ANNUAL FEE SECURITY PROTECTION ONLINE ACCOUNT MANAGEMENT N O ANNUAL FEE SECURITY PROTECTION ONLINE ACCOUNT MANAGEMENT Get something back for your everyday Get something back for your everyday purchases. Use your Iowa State Bar purchases. 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