THE IOWA L AW Y ER October 2018 V 78 N 9

The Iowa Supreme Court’s 2017-2018 term: By the numbers PAGE 12 Lawyers’ service on nonprofit boards:

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EDITORIAL TEAM Volume 78 Editor-in-Chief Contributing Editor Number 9 Melissa Higgins Virginia Sipes, J.D. October 2018 515-697-7896 515-697-7897 [email protected] [email protected] Copy Editor General Inquiries Steve Boeckman Contents 515-243-3179 515-697-7869 [email protected] [email protected]

THE IOWA LAWYER (ISSN 1052-5327) is published monthly except for the combined December-January issue, by The Iowa State Bar Association, 625 East Court Ave., Des Moines, IA 50309-1904. One copy of each issue is furnished to association members as part of their annual dues. Non-member subscription rates are $40 per year. Periodicals postage paid at Des Moines, Iowa. POSTMASTER Send address changes to The Iowa Lawyer Magazine, 625 East Court Avenue, Des Moines, Iowa, 50309-1904. Members can contact the membership department to change their address by emailing membership@ iowabar.org. PRINTER The Iowa Lawyer Magazine is printed by Colorfx, 10776 Aurora Avenue, Des Moines, Iowa, 50322. Telephone 515- 270-0402. Design and Production: Mittera Creative. New book highlights history ADVERTISING 26 of Iowa’s federal courts CLASSIFIED. Qualifying ISBA members receive two free Other Features “No One is Above the Law” non-job listings annually as a member benefit. Members includes profiles of the judges More news from the in the U.S. District Court for should contact the ISBA Communications Department for 10 Iowa Supreme Court the Southern District of Iowa ad placement: [email protected]. For Career Justice Bruce Zager and tells its history through the retired last month. stories of their most significant Center postings, visit http://careers.iowabar.org/ Justice Daryl Hecht and interesting cases. DISPLAY. Display advertising in The Iowa Lawyer Mag- is returning to active azine is handled by Larson Enterprises, 909 50th Street, duty while continuing cancer treatment. West Des Moines, Iowa, 50265. For display advertising and Columns non-member classified ad rates, contact Alex Larson at The Iowa Supreme 12 Court’s 2017-2018 term: 5 President’s letter: 515-238-4406 or [email protected]. By the numbers Harvey Uhlenhopp and the merits of merit selection SUBMISSIONS The Cady Court has been The Iowa State Bar Association seeks to publish original tracked since its inception CLE Calendar in 2011, and this year’s 10 articles that advance the education, competence, numbers confirm that ethical practice and public responsibility of Iowa the current court is Chief 21 Thanks to speakers lawyers. Members are encouraged to submit articles Justice Cady’s in naming rights and decision-mak- Kudos and manuscripts to the editor for possible publication. ing authority. 21 Submissions should be no longer than 1,500 words, Lawyers’ service on In Memoriam although exceptions can be made. Footnotes should be The Cover Story 14 nonprofit boards 24 Though important, kept to a minimum. Include a short bio of the author(s) Classifieds and professional photo(s) when submitting. NOTE: Not Newly appointed Iowa lawyers as directors need 28 Supreme Court Justice Susan to be mindful of the fidu- all submissions are guaranteed publication. The editors ciary duties of a director, 29 Transitions and bar leaders review all submissions to a make a Christensen stands at the the ethical obligations of entrance to the supreme court being a lawyer and the determination of suitability for publication. Email all issues that can arise. 30 Spotlight on Service: submissions to [email protected] in courtroom where she will hear Debra Hockett-Clark, Celebrate pro bono month Microsoft Word format. Hope Wood oral arguments and participate 18 Iowa attorneys donate STATEMENTS OR OPINIONS in other court matters. Read thousands of hours of pro bono legal services. Those The statements and opinions in this publication are more about the Harlan native's who provided pro bono In Brief those of the authors and not necessarily those of The journey beginning on page 8. work in the past year are ISBA hosts first-ever Iowa State Bar Association. Readers should consult recognized. 4 People’s Law School original sources of authority to verify exactness. 22 Board of Governors Fall Advertising in this publication does not constitute quarterly meeting 4 ISBA releases judicial Governors act on numerous performance survey results endorsement of a product or service unless Correction proposals and receive specifically stated. The phone number for reports from Iowa Supreme July bar exam Michael Paul Jensen listed on Court Chief Justice Mark 4 results released page 9 of the Sept. 2018 Iowa Cady, Office of Professional Lawyer magazine should be Regulation Tre Critelli and 712-353-6599. others.

THE IOWA LAWYER 3 OCTOBER 2018 The Iowa State Bar Association In Brief 625 East Court Avenue, Des Moines, Iowa, 50309-1904 Main: 515-243-3179 Fax: 515-243-2511 www.iowabar.org [email protected] PRESIDENT Tom Levis W. Des Moines 515-274-1450 [email protected] ISBA HOSTS FIRST-EVER PEOPLE’S LAW SCHOOL PRESIDENT-ELECT Willard Boyd III Des Moines 515-283-3172 [email protected] On Sept. 19, The Iowa State Bar Association hosted its first VICE PRESIDENT “People’s Law School” event, a free seminar covering older Jerry Schnurr III Ft. Dodge 515-576-3977 [email protected] Iowan issues. Approximately 60 people came to learn about SECRETARY power of attorney, healthcare directives and disposition of Dwight Dinkla Des Moines 515-697-7867 [email protected] remains; some even had a living will or medical power of IMMEDIATE PAST PRESIDENT Stephen R. Eckley Des Moines 515-283-4637 [email protected] attorney form notarized on site. DISTRICT GOVERNORS Speakers for the event included Greg Kenyon, elder law DISTRICT 1A attorney with the Bradshaw Law Firm, and Deanna Chris Even Dubuque 563-589-0830 [email protected] Clingan-Fischer, Ombuds Officer at Iowa State University. Daniel Fretheim Dubuque 563-382-2959 [email protected] ISBA staff plans to identify other topics of public interest DISTRICT 1B and host similar seminars in the future. If you are interested Shannon Simms Waterloo 319-291-6161 [email protected] Heather Prendergast Waterloo 319-234-4600 [email protected] in getting involved as a speaker, contact: DISTRICT 2A [email protected] or 515-243-3179. Matthew F. Berry Clear Lake 641-357-7296 [email protected] Patrick Vickers Greene 641-823-4192 [email protected] DISTRICT 2B Victoria Feilmeyer Ames 515-956-3915 [email protected] Jerry Schnurr III Fort Dodge 515-576-3977 [email protected] Bethany Currie Marshalltown 641-421-0990 [email protected] DISTRICT 3A Jill Davis Spencer 712-262-1150 [email protected] John Flaten Spirit Lake 712-336-1292 [email protected] DISTRICT 3B Maura Sailer Denison 712-263-4627 [email protected] James Daane Sioux City 712-252-2424 [email protected] DISTRICT 4 Kathleen Kohorst Harlan 712-755-3156 [email protected] Robert Livingston Council Bluffs 712-322-4033 [email protected] DISTRICT 5A Mason Ouderkirk Indianola 515-961-5315 [email protected] Daniel Huitink Pella 641-621-8130 [email protected] DISTRICT 5B Roberta Chambers Corydon 641-870-0108 [email protected] DISTRICT 5C Emily Chafa Johnston 515-986-0914 [email protected] A packed house of members of the public gather at the ISBA office in Des Joseph Happe Des Moines 515-288-2500 [email protected] Moines for the first-ever People's Law School on Sept. 19. Margaret A. Hanson Des Moines 515-246-7957 [email protected] Bridget R. Penick Des Moines 515-242-8902 [email protected] Adam D. Zenor Des Moines 515-245-8902 [email protected] Dawn Boucher W. Des Moines 515-267-1174 [email protected] ISBA RELEASES JUDICIAL PERFORMANCE Kathleen Law Des Moines 515-283-3116 [email protected] SURVEY RESULTS Nathan Overberg Des Moines 515-243-7611 [email protected] Joe Moser Des Moines 515-288-0145 [email protected] The Iowa State Bar Association released the results of its Mary Zambreno Des Moines 515-246-4512 [email protected] biennial survey of judges standing for retention in this year’s William Miller Des Moines 515-283-1000 [email protected] general election in November. Members were asked to rate DISTRICT 6 the three Court of Appeals judges, 36 district court judges Erin R. Nathan Cedar Rapids 319-896-4013 [email protected] Melvin Shaw Coralville 319-337-7429 [email protected] and 28 district associate judges, based on qualities such as Caitlin Slessor Cedar Rapids 319-365-9461 [email protected] professional competence and demeanor. Robert Fischer Vinton 319-472-2353 [email protected] The ISBA has conducted this performance review every Mark Parmenter Cedar Rapids 319-365-1184 [email protected] two years since 1962, when Iowa adopted its merit system DISTRICT 7 for selecting judges. The full results are available now on the David J. Helscher Clinton 563-243-1243 [email protected] Christopher Surls Lowden 563-941-5301 [email protected] website www.iowabar.org. Ian J. Russell Bettendorf 563-324-3246 [email protected] DISTRICT 8A Rick Lynch Bloomfield 641-664-1997 [email protected] JULY BAR EXAM RESULTS RELEASED Ryan J. Mitchell Ottumwa 641-682-5447 [email protected] DISTRICT 8B Of the 185 people who took the July 2018 Iowa State Bar Brian Helling Burlington 319-754-6587 [email protected] Examination, 80 percent passed. REPRESENTATIVES AND DELEGATES Iowa Judges Association Delegate • 93 percent of first-time test-takers from Paul Scott Des Moines 515-286-3198 [email protected] the University of Iowa passed ABA Delegates Alan Olson Des Moines 515-271-9100 [email protected] • 88 percent of first-time test-takers from David L. Brown Des Moines 515-244-2141 [email protected] Drake University passed Jane Lorentzen Des Moines 515-244-0111 [email protected] LEGISLATIVE COUNSEL TEAM • 89 percent of first-time test-takers from James Carney Des Moines 515-282-6803 [email protected] Creighton University passed Doug Struyk Des Moines 515-282-6803 [email protected] Jenny Dorman Des Moines 515-282-6803 [email protected] The newly-admitted members of the Iowa bar were sworn in ISBA YOUNG LAWYERS DIVISION OFFICERS during a ceremony on Sept. 27 at Scottish Rite Consistory in President Margret E. White Des Moines 515-244-4300 [email protected] Des Moines, and welcomed into the profession with a special President-elect reception at the ISBA headquarters after the ceremony. The 2019 Abhay Nadipuram Des Moines 515-288-2500 [email protected] Summer Bar Examination will be held July 29 through July 31. Secretary Torey Cuellar Marshalltown 515 229-4140 [email protected] Immediate Past President Thomas Hillers Des Moines 515-984-0091 [email protected]

THE IOWA LAWYER 4 OCTOBER 2018 Columns President’s Letter

HARVEY UHLENHOPP AND THE MERITS OF MERIT SELECTION TOM LEVIS, PRESIDENT efore a rural lawyer from ture of politics. Even if an elected judge Harvey’s proposal. Years later, Senator Hampton decided to weigh in was truly beholden to no one, like Grassley said: “I’m the guy who voted B on the issue, Iowa elected its Harvey hoped he was, soliciting money in 1959 and 1961 for Iowa’s present judges. My great uncle, Harold Levis, from local lawyers and businesses did way of selecting judges…it was a very was one of those elected judges. He not give the public confidence that its forward-looking thing to do what we presided in Southern Iowa, with his judges were impartial. In Harvey’s view, did 50 years ago.” In 1962, Iowa voters home base in rural Chariton. Although politics and judging were like oil and approved Harvey’s proposed Consti- I was pretty young at the time, I remem- water; they just don’t mix! tutional Amendment and, as they say, ber going to uncle Harold’s office and the rest is history. Merit, not politics, seeing his judicial campaign signs. My became the polestar for choosing Iowa vague memory is that the signs touted judges. uncle Harold’s honesty and integrity Harvey Uhlenhopp’s merit selection (How creative for a judicial election!). plan created nominating commissions My father told me later that uncle Har- to investigate and interview prospective old loved campaigning as a legislator, judicial candidates and then send the but hated campaigning to be a judge. names of the candidates with the most He loathed having to ask his lawyer merit to the governor for final selec- and social friends for campaign money, tion. These nominating commissions and he hated campaigning against his are composed of members appointed lawyer friends. by the governor and an equal number Like my uncle Harold, Harvey HARVEY UHLENHOPP of lawyer-members elected by Iowa Uhlenhopp practiced law in rural For nearly five years after his election lawyers. The senior justice of the Hampton. By all accounts, he was a to the bench, Harvey thought about Iowa Supreme Court chairs the state smart, talented and successful lawyer changing the way Iowa chooses its nominating commission. The senior who was active in his community, active judges. In 1958, as Chair of The Iowa judge of the district typically chairs the in The Iowa State Bar Association and State Bar Association’s Committee on district court commissions. The state active in his beloved Republican party the Judicial Administration of Justice, nominating commission interviews and where he served as a member of the Harvey decided to do something about Iowa House of Representatives from it. He wrote a fascinating article for 1951 to 1953. In 1953, Harvey Uhlen- the Iowa Law Review entitled “Judicial I WANT TO EAT A MEAL WITH YOU! hopp was elected to the district court Reorganization in Iowa,”44 Iowa L. Rv. A message from President Tom Levis bench. 6 (1958-1959). This 60-year-old article In early September, ISBA officers and staff held the first of many “Table for Ten” events with lawyers in Like my great uncle Harold, Harvey is a wonderful historical piece that re- Oskaloosa. A “Table for Ten” is a lunch, breakfast or Uhlenhopp hated running for election views Iowa Courts from 1846 to 1958. It dinner event with members of the local bar where as a judge. He didn’t mind running makes a number of recommendations any issues affecting lawyers and the courts can and for political office, but campaigning for court reform, one of which imme- will be discussed. to be a judge was just plain wrong in diately found favor in the Iowa General We met 10 lawyers from the Oskaloosa Bar for his estimation. According to Harvey, Assembly. Harvey proposed that Iowa lunch at Tasos and spent nearly 90 minutes talking a “judicial system must have qualified amend its Constitution to eliminate about possible solutions to the rural practice personnel in order to function proper- judicial elections and adopt a system problem, about the new Drake Law Incubator firm opening in Oskaloosa, about access to justice ly. Unswerving devotion to justice is the for selecting judges based on merit. issues in Mahaska County, about judicial residency quintessence of the judicial function. Less than a year after his famous article requirements for district judges and about proposed Fulfillment of this ideal requires judges was published, the Iowa legislature new guardianship and conservatorship legislation. beholden to no one.” In Harvey’s eyes, agreed with Harvey and voted to We also had a laugh or two. electing judges was no way to select amend the Iowa Constitution to It was a great event and one we will duplicate a judge. Whether a candidate was eliminate judicial elections and adopt across Iowa in the next year. If you want to have a popular in the community or a funny Harvey’s merit selection plan. "Table for Ten" in your town, let us know and we will and witty speaker did not ensure that Amending the Iowa Constitution is set one up. We do travel, so don’t be bashful about asking! In addition, the bar picks up the tab. Contact the candidate would be a good judge. not something Iowa generally does on Harry Shipley at [email protected]. The fact that a candidate was finan- the spur of the moment, so the Iowa cially successful did not mean he or legislature must have known there was she would make good decisions on the a problem with the quality of judges bench. Harvey knew from his own ex- elected to the bench. In 1961, the perience that powerful politicians were Iowa legislature again voted in favor of generally not the best candidates to be Harvey’s merit selection plan. On both a judge. After all, politicians are often occasions, Senator Charles Grassley, beholden to someone. That is the na- then a state lawmaker, voted in favor of

THE IOWA LAWYER 5 OCTOBER 2018 Columns President’s Letter

investigates all candidates and then on the commission. Harvey felt that, the governor. This change is being sends three names to the governor who except for the judicial members, there proposed by Senator Julian Garrett, a choses one of the three for the next should be no restriction respecting Republican and attorney from Indiano- Iowa Supreme Court justice or Court the occupation of any of the gover- la. Despite the fact that he has been of Appeals judge. The district court nor-appointed commissioners. He also supportive of other ISBA measures in commissions send two names to the felt that none of the commissioners the past, I am sure Harvey Uhlenhopp governor who choses one to be the next should hold public office while serving is rolling over in his grave wondering district court judge. on the nominating commission, and why a fellow Republican and fellow law- Why nominating commissions? Ac- each commissioner should be eligible yer is trying to re-inject politics into the cording to Harvey, no judicial selection for only one full term. Finally, Harvey selection of judges after 56 years of suc- system is perfect, but the objective is thought all of the commissioners cess. But that is politics today. There is to select the best-qualified individual. should be electors in the judicial area no data to support this proposal. That According to Harvey, the inquiry ought in question, but their political affilia- is because there is no data to support to be: "Has the individual judicial tem- tion should be disregarded. that lawyers wield too much power or perament? Is he or she studious? What Harvey’s system for selecting judges “run the show.” Interestingly, Governor about his or her integrity, intelligence, has been in place since 1962. Hun- Branstad and Governor Reynolds have training and experience?" Harvey dreds of judges and justices have been appointed lawyers to be among the suggested that when a judgeship appointed based on their merit and not appointed members of nominating becomes vacant, a judicial nominating their politics. The system has worked commissions. I was on the District 5C commission composed of lawyers, well. Republican governors have picked nominating commission when Gover- appointed members and a senior judge Democrat judges and Democrat gov- nor Branstad appointed attorney Ryan should thoroughly examine the qualifi- ernors have picked Republican judges. Koopmans to the commission and on cations of all of the candidates without Each governor knew that the judicial the commission when Governor Reyn- reference to political affiliation, and candidates referred to him or her were olds appointed attorney Brett Roberts. then certify the best candidates to the exhaustingly evaluated by an indepen- If the person actually choosing the new governor who would appoint one of the dent and non-political commission. judges thought lawyers “ran the show,” individuals recommended. Unfortunately, Harvey Uhlenhopp’s he or she would not be adding lawyers Harvey thought that dividing the 60-year-old merit selection system is to the commission mix! commissioners equally between lawyers now under attack by politicians who As I said, I am on the District and appointed members made the want politics to play a bigger role in the 5C nominating commission (Polk most sense. The governor, on behalf selection of Iowa judges. They believe County). In the last four years, the of the public, should provide half of that the Uhlenhopp system is broken 5C commission has been involved in the commissioners. And lawyers, who and think that the lawyer members of the selection of eight district court have special knowledge of the job and the judicial nominating commissions judges. Candidly, when I ran to be a candidates, should have an equal say wield too much power in the selection lawyer-member of the 5C commission, in who should be the next judge or of judges. They propose changing the I had no idea that in just four years I justice. Harvey also thought judges law to allow the governor to appoint all would be involved in the appointment had valuable knowledge of the judicial members of the nominating commis- of eight district court judges! But, that position, as well as the candidates, so sions in the hope that the candidates is the way it worked out and I am hon- a judicial representative should be would be more politically-aligned to ored to have played a role in the future of Polk County justice. I want you to know that in the last four years I have come to know and appreciate my fellow 5C commissioners: both the elected Des Moines – Adel – Quad Cities lawyer-members and the governor-ap- Mediation and A rbitration Services pointed members. We do what Harvey Attorneys specializing in workers’ compensation, civil litigation, and family law cases wanted us to do. We ignore politics. The politics of a candidate are never discussed. Like Harvey hoped, we read the extensive materials and talk to each other about the merits of each candi- date. We investigate each candidate’s E.J. Valerie A. Matthew A. Jane V. M. Anne Jeff H. Karla J. Paul L. Kelly Landis Grotnes Lorentzen McAtee Jeffries Fultz Macek judicial temperament, their integrity, Workers’ Workers’ Workers’ Workers’ Workers’ Civil Litigation Family Law Civil Litigation & Compensation Compensation Compensation Compensation Compensation Family Law their intelligence, their training and their experiences. When we are Our offices are available with Wi-Fi, convenient free parking, and accommodations for large mediations interviewing candidates, all of us can- Phone: (51 5 )-244-0111 www.hhlawpc.com didly share information and thoughts.

THE IOWA LAWYER 6 OCTOBER 2018 Columns President’s Letter

During our deliberations, each of us the special knowledge that we lawyers perfect, as Harvey predicted, but it is openly discusses the strengths and the bring to the discussions and would the best system for selecting judges in weaknesses of each candidate. I can struggle without it. America. Many of my bar association assure you that none of us wants to The appointed members also bring friends from other states marvel at send a name to the governor who is not special talents to the commission. Iowa’s merit selection process. They all uniquely qualified to be a district court On the 5C commission, we have lay wish their judges didn’t have to be so judge. We are all looking for the best people from different occupations. For political to get elected or appointed. candidates with the most MERIT. instance, currently we have a lobbyist, Perhaps if they had a Harvey Uhlen- Each of the elected lawyers on the a realtor, a banker, a lawyer and a hopp helping them, they too would 5C nominating commission brings a business CEO. None of these appoint- have an independent judicial branch. special knowledge to the commission, ed members are afraid to ask questions Thank you, Harvey. just like Harvey hoped. Most of us have or confront other commissioners about P.S. In 1970, Governor Robert D. Ray worked with the candidates and know a candidate’s merit. Frankly, several of appointed Judge Harvey Uhlenhopp their work habits, their skills and their our appointed members ask questions to the Iowa Supreme Court. He served temperament. As lawyers, we generally of candidates that I would never have until 1986. By all accounts, he was a know what the job entails. As lawyers, thought to ask, but yielded important wonderful Supreme Court Justice. we all recognize that the candidates information that I would not have selected may very well be deciding learned had the question not been Tom Levis cases involving our clients in the very asked. I, for one, appreciate the fact Shareholder at Brick Gentry P.C near future. So, we want to recommend that these appointed members bring a [email protected] the candidates with the most merit. We different perspective to the table. They 515.274.1450 share our special knowledge with the view selecting judges from the perspec- appointed members. In my opinion, tive of a consumer of justice. What’s not the appointed members of the 5C to appreciate about that? nominating commission appreciate Harvey’s system works. It’s not

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www.iowabar.org/event/2018CorporateCounsel Features Boeckman MEET THE NEWEST IOWA COURT SUPREME JUSTICE Susan Christensen talks about how her penchant for always seeking more responsibility By Steve Boeckman, helped her travel the road from legal secretary to the state’s highest court Communications Director Emeritus

he Iowa Supreme Court’s newest high school, and decided to marry knew she was coming with me.” justice, Susan Christensen, says shortly after graduating. Their plan She started her first year of under- T she has always sought more was for her to acquire a skill that would graduate schooling at South Dakota responsibility in her life. She never lets support them while Jay was in college. while Jay was finishing his fourth year. her foot off the gas pedal. She enrolled in the legal secretary When Jay graduated, he took a man- Evidence of those statements can be program at AIB in Des Moines. agement job with Payless Cashways, seen by her appointment to the state’s “I wanted to do something quick, a home improvement/lumberyard highest court, a position she officially and law didn’t scare me,” she says. company. The job took them to Califor- began with her investiture last month. “There were also medical opportuni- nia. Suzy completed her second year of It has been a long road from her ties, but I had no background in my college at California State University in upbringing in Harlan as the third child family or interest, so I didn’t want to Fresno. of four born to the supreme court’s be a medical transcriptionist. I was Four or five months into the job, Jay longest serving justice, trying to think of something quick that realized the lumber business wasn’t for Jerry Larson, to her wouldn’t be a great challenge as far as him. A visit to the local optometrist in position as the third my interests. And, I thought I would Harlan over Christmas break, when woman ever to serve work until Jay was done, then quit and Suzy was pregnant with their second on the state’s highest just be a housewife.” child, made him realize he wanted to court. The road took But, as the old saying goes, the “best be an optometrist. First, though, he her from a legal secre- laid plans …” had to pick up some undergraduate tary, to a lawyer, to a Jay was pursuing a bachelor’s degree credits that would enable him to apply district associate judge, at the University of South Dakota in for optometry school. That took the to a district court Vermillion. Suzy was working for a law couple, who by now had two sons – the judge and, finally, to firm in Sioux City. What the couple oldest of whom was diagnosed with the supreme court. hadn’t planned on was that she would cerebral palsy – to Iowa City. Suzy fin- She also is a mother fall in love with the practice of law, and ished her third year of undergraduate of five and grand- that one of her bosses at the firm would studies at the University of Iowa. mother of four. And, tell her she should do more than be a Jay was accepted into optometry Justice Christensen stands on the she is very active in secretary. school in Chicago. Suzy finished her balcony on the third floor of the the Special Olympics “He said being a secretary was very last year at Judson College in Elgin, judicial branch building. “Opening Eyes” important. And, my goodness, me Illinois, from which she graduated with program with her having been a lawyer for 16 years, my a degree in psychology. husband, Jay, an optometrist in Harlan, secretary was my right hand,” she says. She chose psychology because she and her five children. “When I thought about going out on was “extremely interested in it, loved Suzy, as she calls herself, met Jay in my own, I didn’t make the decision it, my grades reflected it, and because the first grade. They dated throughout until I checked with my secretary and I am a firm believer in doing what you love,” she says. “I only used psychology as a way to get into law school.” Joseph A. Happe She applied to law schools, and was Mediation and Arbitration Services accepted at the University of Iowa, Civil litigation, general liability, & worker’s compensation Drake University and Creighton Member of National Academy of Distinguished Neutrals University. Now came the difficult decision of which to attend. She ruled 30 years litigation experience out Iowa, even though it was only four Multi-party mediation accommodation at the Des Moines office hours from Chicago where Jay still had two years to complete his optometry To Schedule: training, because “I would have been in Phone: Jenny (515) 246-7846 Iowa City by myself without extended Email: [email protected] family and two kids.” She also ruled out Online: www.davisbrownlaw.com/happemediations Drake for the same reasons. She decid- DAVIS BROWN KOEHN SHORS & ROBERTS P.C. ed on Creighton because it was close 215 10TH ST., STE 1300 PHONE: 515.288.2500 DES MOINES, IA 50309 WWW.DAVISBROWNLAW.COM enough to Harlan that she could get

THE IOWA LAWYER 8 OCTOBER 2018 Features Boeckman

help with the two children from family personnel, she says. members and she could commute. She practiced law for 16 years, the “Jay came home every weekend but last four in her own practice. Early on, three during those two years,” she she developed an interest in family law, recalls. “He also would call every night which served her in good stead when and talk to the boys before they went she later became a district associate to bed. Then he would call after 11 judge in the fourth judicial district on p.m. and we would talk.” That was in her first try. Most of her cases were juve- the days when long-distance calls were nile cases, child welfare in particular. cheaper after 11 p.m., she laughs. “Juvenile court is a good way for Her grandchildren join Justice Christensen on the bench Her routine involved taking the boys young judges to acquire judicial tem- after the investiture and robing ceremony. to school in the mornings, then driving perament,” she says. to Omaha for classes. Jay’s mom, who Her juvenile experience will also in the fourth judicial district. was a Home Economics teacher at the serve her well on the supreme court, “Life has a way of testing us with time, would have the boys ride a bus to she believes. No one on the court has disappointment before trusting us with her school then take them to her home juvenile experience, except for Chief responsibility,” she says, looking back until Suzy was able to get back. Justice Mark Cady who had two years of on the experience. “I didn’t do anything extra in law experience 32 years ago. As far as being the first woman on school,” she says. “I had an hour-drive Why become a judge when she had a the high court since 2010, and only home so I could unwind from the thriving family law practice? the third woman in the court’s history, school day and I was ready to be mom “I was seeking more responsibility,” she believes the experiences she brings when I picked up the boys.” she says simply. to the court are more valuable than Plus, she likes problem solving. She her gender. In particular, she cites her could do that for clients in her law extensive experience in family and practice. As a judge, however, she could juvenile law, her recent trial court expe- solve the overall problem in a case. rience, her commitment to improving Her move to a district judgeship access to justice for all Iowans and her eight years after her appointment as residence in a rural community as a district associate judge, ironically benefiting the court. came about because she twice applied “I know it’s not because I’m a woman for openings on the Iowa Court of that will make a difference,” she says. Governor Kim Reynolds (left) administers the Appeals. She applied in 2011, was nom- However, she’s also aware that out- oath of office to Justice Christensen during inated, but was not appointed by the siders who look at the supreme court her investiture ceremony on Sept. 21. governor. She was told that Governor notice that she’s the only woman on Terry Branstad, who was governor at the court, and that little girls may be Once she picked up the boys, she’d the time, wanted her to have district motivated by the presence of a woman spend the evening with them, fixing court judge experience first. In 2015, on the state’s highest court. dinner, helping with homework and she was appointed a district court judge And, that’s okay, too. other activities until they went to bed about 7:30 p.m.. Then, she would sit down and study. Her studying never got in the way of her time with the boys. Jay finished his optometry training, moved back to Harlan and started his own practice. When she graduated from law school, Suzy joined the family firm. Almost as soon as she began practicing, she also began working as the assistant county attorney for Shelby County. Her brother, Jeff, now the chief judge for the fourth district, was the county attorney. The time spent in the county attorney’s office gave her “lots of trial experience,” and also opportunities to train and teach law enforcement

THE IOWA LAWYER 9 OCTOBER 2018 Features IA Supreme Court News MORE NEWS FROM THE IOWA SUPREME COURT JUSTICE ZAGER RETIRES FROM THE BENCH On Aug. 29, the Iowa Supreme Court Justice Mark Cady. to the Iowa District Court in 1999. held a special ceremony to mark Justice Zager was born and raised He was appointed by Governor Terry the retirement of Justice in Waterloo. He earned his bachelor’s Branstad to the Iowa Supreme Court Bruce B. Zager, with a degree in business administration from in 2011. reception held afterwards the University of Iowa in 1975, his Master During his seven years on the Iowa at the ISBA headquarters. of Science degree in Industrial Relations Supreme Court, Justice Zager wrote Guest speakers included from Loyola University of Chicago in 104 majority opinions. As a member ISBA President Tom Levis; 1977 and his law degree from Drake of the court, Justice Zager played a Rick Sole, an attorney from University Law School in 1980. Justice key role in updating the rules for Cedar Rapids and longtime Zager was in private practice in Water- expanded media coverage of Iowa’s friend; Senior Judge James loo and was an attorney with the Black courts. He also chaired the Iowa Bauch, who served as a district judge Hawk County Attorney’s Office until his Guardianship and Conservatorship with Zager in District 1B; and Chief appointment by Governor Tom Vilsack Reform Task Force. JUSTICE HECHT RESUMING CASES DURING CANCER TREATMENT Iowa Supreme Court Justice of March 2018, and participated in only Justice Hecht has served on the Daryl Hecht has resumed a few cases during the remainder of the Iowa Supreme Court since 2006 hearing cases and partici- court term that ended June 30. and served as a judge on the Iowa pating in the decisions of Justice Hecht is receiving treatment Court of Appeals for seven years the Iowa Supreme Court, for melanoma in Sioux City and at the prior to his appointment to the as he continues to battle Mayo Clinic in Rochester, Minnesota. supreme court. cancer and receive treat- He expects that improvement resulting ment. Justice Hecht, age 66 from a new treatment regimen will from Sloan, has not participat- allow him to resume a more active role ed in oral arguments since the end on the court. CLE Calendar October 19 October 22 October 24 Corporate Counsel and Opioid Trends Probate Mediation Trade Regulation Seminar (Live Webinar) (Live Webinar) (In-person or Live Webinar)

October 25-26 November 6 November 9 November 14 Family Law Seminar Contractual Issues Environmental Law Trademark Law Update West Des Moines Marriott Arising Out of Seminar (Live Webinar) Livestock Production (In-person or Live Webinar) (Live Webinar)

November 15 November 27 December 5-7 December 31 Shifting Landscapes: Risk Assessment and Bloethe Tax School Confidentiality: A Review Adapting Your Firm to Your Professional/ Des Moines Marriott of the Rules and Cases Emerging Threats Personal Security Downtown (In-person or Live Webinar) (Live Webinar) (Live Webinar)

iowabar.org/calendarTHE IOWA LAWYER 10 OCTOBER 2018

Features O'Hollearn THE IOWA SUPREME COURT'S 2017-2018 TERM: By Matt O’Hollearn BY THE NUMBERS ith the beginning of a new four juvenile and nine disciplinary arguments outside the Judicial Branch Iowa Supreme Court term, it is opinions. Building. In addition to the reoc- W time to look back and review SOURCE OF APPEAL curring oral arguments held at Iowa the 2017-2018 term by the numbers. College of Law, Drake Law School, and With a deflective appellate system, The Cady Court has been tracked since the Night Session held when the legis- the Iowa Supreme Court obtains cases its inception in April 20111, and this lature is in session, the court also heard both by direct appeal and by further year’s numbers further confirm what arguments at Des Moines Hoover review from the Iowa Court of Appeals. has been trending since the 2013-2014 High School, Davenport Central High This year, the court took 44 cases by term, which is that the current court School, Cedar Falls and Knoxville. RR_2017.pdf 1 1/6/17 7:26 PM direct appeal and 49 cases by further is Chief Justice Cady’s both in naming review. The court also answered one AUTHORSHIP rights and decision-making authority. case by certified question from the U.S. As will be seen in Chart B, a direct OPINIONS District Court for the Northern District consequence of the disagreements During the 2017-2018 term, the Iowa of Iowa. Using the same subject matter within the Cady Court is the prolifera- Supreme Court issued 103 opinions. breakdown as above, the type of cases tion of authorship. In total, the Court The court also held over three cases taken by each source of appeal is shown issued 158 opinions in the 103 cases. (Cedar Rapids v. Leaf, Behm v. Cedar organized in Chart A. The authorship of those opinions is Rapids, and Weizberg v. Des Moines) Historically, the court has followed shown in Chart B. for resubmission next term. The a relatively close 50/50 split between This year, Justice Mansfield retained number of opinions is in line with the cases taken by direct appeal and cases his title as the most prolific writer. He, court’s past caseload. Since the institu- taken by further review, and this year along with Justices Wiggins and Appel, tion of the term system, the court has is no different. However, this year is are generally the court’s most prolific averaged approximately 104 opinions unique in the number of criminal writers. In line with historical averages, per year (100 in 2012-13, 107 in 2013- cases taken by 14, 102 in 2014-15, 96 in 2015-16 and direct appeal. In the CHART B 116 in 2016-2017). previous two terms, Justice Majority Dissent Spec. Con. TOTAL Although the subject matter of the approximately 70 opinions can be difficult to pigeonhole, percent of the court’s Cady 12 2 2 16 the opinions can roughly be catego- criminal cases came Wiggins 16 6 2 24 rized as follows: 46 criminal, 44 civil, by further review, but Appel 14 11 3 28 this year, it was less CHART A than half. Hecht 5 2 1 8 Waterman 15 8 2 25 Criminal Civil Juvenile ORAL ARGUMENT This term, the Mansfield 19 13 2 34 Direct Appeal 25 19 0 court held oral arguments in 63 Zager 16 1 0 17 Further Review 21 24 4 cases. The court also Per Curiam - - - 6 Certified Question 0 1 0 continued to hold TOTAL 158

Chief Justice Cady and Justice Zager wrote the least number of opinions (likely due to their status as the swing votes for this court). For Justice Hecht, there is good cause for his low authorship total. In April 2018, the court confirmed that Justice Hecht had been diagnosed with melanoma, the most serious type of skin cancer. As a result, Justice Hecht participated in the court’s decisions as his treatment allowed. Although Justice Hecht participated in every case prior to April 2018, from April 2018 to the

THE IOWA LAWYER 12 OCTOBER 2018

2017 R&R proof.indd 1 1/6/17 7:32 PM Features O'Hollearn

end of the term, Justice Hecht took no accordance with the general voting part in 21 of the court’s final 47 issued blocs of the justices with Chief Justice Matt O'Hollearn is an opinions. Cady sitting perfectly in the middle. associate attorney at Brick Specifically, 13 of the 27 split-decisions Gentry, P.C. in West Des JUSTICE DISAGREEMENT Moines, who focuses on resulted in the bloc of Justices Wiggins, The Cady Court continues to have civil and appellate litigation. Appel, and Hecht in dissent, and 12 re- significant differences resulting in He is a 2009 graduate sulted in the bloc of Justices Waterman, numerous dissents and special concur- of Drake University Law Mansfield, and Zager in dissent. School, who clerked rences. This term, only 57 of the 103 In summary, by the numbers, the for Justice Edward M. opinions were unanimous. Although 2017-2018 term was in line with the Mansfield of the Iowa the 46 non-unanimous opinions would previous terms of Cady Court, and very Supreme Court and Judge seem high, it is not out of the norm Michael R. Mullins of the much remained “Cady’s Court.” for the Cady Court. Last term had 45 Iowa Court of Appeals. non-unanimous opinions, and from 2011-2016, the Cady Court averaged 30 non-unanimous opinions per year. For comparison, the previous Ternus Court CHART C only averaged eight non-unanimous opinions per year from 2006 through Wiggins Appel Hecht Waterman Mansfield Zager 2010. The battle lines for this court can be Cady 47.8% 50% X 47.8% 50% 58.7% drawn into two voting blocs, with Jus- tices Wiggins, Appel and Hecht in one Wiggins 82.6% X 8.7% 10.9% 26.1% bloc, and Justices Waterman, Mansfield Appel X 13.0% 13.0% 30.4% and Zager in the other. Chief Justice Cady acts as the swing vote in Hecht X X X the middle. Chart C shows the voting blocs and their cohesiveness by showing Waterman 91.3% 82.6% how often each justice agreed in the Mansfield 71.7% non-unanimous cases. As the table shows, Chief Justice Zager Cady was a true swing vote, agreeing with each of his colleagues about half the time. His status in the middle of the two blocs can also been seen by the 1Ryan Koopmans, On Brief: Iowa’s Appellate Blog, Voting Alignment on the Iowa Supreme Court (July 16, 2012), fact that Chief Justice Cady was in the https://www.iowaappeals.com/voting-alignment-on-the-iowa-supreme-court/; Ryan Koopmans, , On Brief: Iowa’s Appellate Blog, The Iowa Supreme Court: How Each Justice Voted During the 2012-2013 Term (Oct. 2, 2013), https:// majority in all but two cases this term. www.iowaappeals.com/voting-alignment-on-the-iowa-supreme-court-during-the-2012-2013-term/; Ryan Koopmans, This is a continuation of the previous On Brief: Iowa’s Appellate Blog, The Iowa Supreme Court’s 2013-2014 Term: By the Numbers (Aug. 18, 2014), https:// two terms. For the terms from 2015 www.iowaappeals.com/iowa-supreme-courts-2013-2014-term-by-the-numbers/; Ryan Koopmans, It’s Still Cady’s to 2018, Chief Justice Cady has found Court: A Statistical Review of the Iowa Supreme Court’s 2015-16 Term, The Iowa Lawyer, Vol. 76, No. 9 (Oct. 2016) himself in the dissent just six times in 315 opinions, resulting in a majority rate of 98 percent. Further, Chief Justice Cady’s importance as the swing vote in this court is most evident from the court’s multiple“4-3” decisions. This term, the court had 20 “4-3” opinions, and seven “4-2” opinions in which Justice Hecht took no part, but his general voting bloc of Justice Wiggins and Appel were in dissent. Of these 27 split-opinions, Chief Justice Cady was only in the dissent one time. Further, 25 of these 27 opinions were decided in

THE IOWA LAWYER 13 OCTOBER 2018 Features Boyd Lawyers’ service on nonprofit boards: MANAGING THE RISKS by Willard L. Boyd III OF AN IMPORTANT COMMUNITY ACTIVITY awyers often are requested to a director has fiduciary duties to the With regard to ethical obligations serve on nonprofit boards of organization. See Iowa Code section imposed on lawyers in their represen- L directors. This can be an im- 504.831. The main duties are the duty tation of clients, Rule 1.7 of the Iowa portant way to become more involved of care and the duty of loyalty. The Rules of Professional Conduct (Iowa in your community. Given that many duty of care requires the director to Rules) provides that a lawyer may not nonprofits have limited resources, the act with the care a person in a like represent a client if such represen- lawyer-director also may be asked at position would reasonably believe to tation involves a concurrent conflict some time during the lawyer’s board be appropriate under similar circum- of interest. A concurrent conflict of service to provide some form of legal stances. The duty of loyalty requires interest exists if the representation of services on a pro bono basis. the director to act in good faith and in one client will be directly adverse to A lawyer-director needs to be mind- a manner that the director reasonably another client or there is significant ful of the fiduciary duties imposed on believes to be in the best interests of risk that representation of one or more directors of nonprofit organizations, the organization. The duty of loyalty clients will be materially limited by the the ethical duties imposed on lawyers covers conflict of interest situations. lawyer’s responsibilities to another cli- and the potential issues that arise as a The Iowa Nonprofit Act provides a ent, a former client or a third person, result of a lawyer serving on a nonprofit process for handling conflict or by a personal interest of the lawyer. board. Although there are some risks of interest situations, which requires POTENTIAL CONFLICTS OF associated with such service, there are the disclosure of a potential conflict ways these risks might be managed. and the nonparticipation of the INTEREST FOR LAWYER-DIRECTORS Conflicts can arise for lawyers OVERVIEW OF DUTIES conflicted director in the action taken by the organization with regard to serving as members of a nonprofit’s Under the Revised Iowa Nonprofit the conflict situation. See Iowa Code board of directors because of the Corporation Act (Iowa Nonprofit Act), section 504.833. duties imposed on nonprofit directors

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THE IOWA LAWYER 14 OCTOBER 2018 Features Boyd

as well as the lawyers’ ethical duties to Other types of conflicts can arise such representation. Still, as noted by clients as set forth in the Iowa Rules. As when the lawyer-director is serving the Committee on Lawyer Business part of the duty of loyalty, a director is as the lawyer for the nonprofit. ABA Ethics of the Section of Business Law required to act in the best interests of Formal Ethics Opinion 98-410 identi- in its report, The Lawyer as Director of the organization, which can include, fies four possible conflict situations that Client, 57 Bus. Law. 387 (Nov. 2001), for example, not using confidential can arise in representing an organi- the circumstances that require a lawyer information of the organization to zation in which the lawyer is serving. to opine on the actions of the board the detriment of the organization. The first situation is when the lawyer is should be infrequent, and in those With such a duty to the organization, a asked to pursue objectives of the orga- situations it would be prudent, and lawyer-director’s service on the board nization that, as a director, the lawyer even ethically required, that the orga- of directors of a nonprofit can pose an opposed. According to the formal eth- nization be advised to seek the advice issue in the event the lawyer is request- ics opinion, a lawyer must determine of other legal counsel. ed to represent another client adverse whether the lawyer’s representation of The third situation described in to the organization. the organization may be materially lim- the formal ethics opinion is when Conflicts also can arise for a ited by the lawyer’s opposition to the the board is taking action affecting lawyer-director when the lawyer’s firm action the organization has decided to the lawyer, such as when the board represents a client that is a grant re- undertake such that ABA Model Rules is determining whether to retain the cipient of the nonprofit. To the extent of Professional Conduct 1.7 precludes lawyer’s law firm. In such a situation, it such situations occur infrequently, the representation. The second is important to comply with the Iowa the organization and lawyer-director situation occurs when a lawyer is asked Nonprofit Act and the organization’s should be able to handle them by fol- to opine on board actions in which the conflict of interest procedures and lowing conflict of interest requirements lawyer participated. Here, there would ensure the lawyer-director is not a that are imposed by the Iowa Nonprofit be a concern that the lawyer/director participant in the decision process. Act and the organization’s conflict of is unable to have the independence The fourth situation described in the interest policies and procedures. of professional judgment required for ethics opinion occurs when the lawyer

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THE IOWA LAWYER 15 OCTOBER 2018 Features Boyd

or lawyer’s law firm represents the orga- the client apply regardless of whether context, communications from a law- nization in litigation that includes the the lawyer receives compensation or yer-director that involve business issues organization and directors as defen- serves pro bono. (as opposed to legal advice) have been dants. Among other things, it notes the Many lawyers join nonprofit boards held not protected by the attorney-cli- need for the organization and directors with the expectation of not serving as ent privilege. The same argument can to have independent representation in the lawyer for the organization. Still, be made in the nonprofit context. any controversy between the organi- they can end up providing legal ser- Although the lawyer-director should zation and its lawyers (including the vices, such as would be the case when understand when the lawyer is acting as lawyer-director). the lawyer works on amendments to legal counsel as opposed to a business Comment 35 to Iowa Rule 1.7 states the articles of incorporation or bylaws advisor, these separate roles may not that “[a] lawyer for a corporation or of the organization, prepares the be clear to non-lawyer directors and other organization who is also a mem- executive director’s employment agree- officers of the organization. The ber of its board of directors should ment or assists with an application for comments to Iowa Rule 1.7 provide that determine whether the responsibilities tax-exempt status for the organization. a lawyer must warn a corporate client of the two roles may conflict.” Accord- In such situations, the lawyer can be of the lack of protection of the attor- ing to the comment, “consideration deemed to have a lawyer-client relation- ney-client privilege when the lawyer is should be given to the frequency with ship with the organization. acting as a board member. which such situations may arise, the Even if a lawyer-director is not acting PROTECTIONS FOR LAWYERS potential intensity of the conflict, the as a lawyer for the organization, a The protections available to direc- effect of the lawyer’s resignation from lawyer is still expected to use the law- tors of nonprofit organizations and the board and the possibility of the cor- yer’s expertise in considering matters lawyers are also available to lawyer-di- poration’s obtaining legal advice from before the board. At the same time, it is rectors. In terms of nonprofit directors, another lawyer in such situations.” The important to make clear to other board the Iowa Nonprofit Act provides pro- comment also states that “[i]f there members that the lawyer/director is not tection under the business judgment is material risk that the dual role will acting as a lawyer for the organization rule. See Iowa Code section 504.832. compromise the lawyer’s independence and is not providing legal advice. If The Iowa Nonprofit Act also provides a of professional judgment, the lawyer appropriate, the lawyer-director should liability shield for directors and officers should not serve as a director or should recommend that the organization seek acting in such capacity. See Iowa Code cease to act as the corporation’s lawyer legal advice from another lawyer or law sections 504.202(2)(d) and 504.901. when conflicts of interest arise.” firm. This shield can protect the directors LAWYER-DIRECTOR LEGAL ATTORNEY-CLIENT PRIVILEGE from liability to the organization and REPRESENTATION OF Assuming there is a lawyer-client its members for money damages unless ORGANIZATION AND INPUT relationship, the lawyer-director’s dual their conduct is deemed to fall under ON LEGAL MATTERS roles can, in some situations, make it an exception to the shield. The provision of legal services to a difficult to ensure that the attorney-cli- Directors and officers (D&O) nonprofit helps many lawyers fulfill ent privilege protects communications insurance coverage can be helpful in their pro bono obligations. See Iowa between the lawyer and the nonprofit protecting lawyers in their service as Rule 6.1. When a lawyer/director pro- organization. A basic element of the directors of a nonprofit organization. vides legal services to the organization privilege is that the lawyer act as legal In addition, professional liability on a pro bono basis, it should be as- counsel rather than as a business coverage should provide protection for sumed that a lawyer-client relationship advisor to protect communication from the lawyer-director when acting in the is formed and the duties of a lawyer to disclosure in litigation. In the for-profit role of the lawyer for the organization. Still, it is important to recognize that professional liability coverage generally does not cover claims arising out of a lawyer’s service as a director, and D&O policies often limit claims arising solely out of service as a director or officer. CONSIDERATIONS FOR LAWYERS SERVING ON NONPROFIT CLIENT BOARDS Before agreeing to serve as a director or officer of a nonprofit organization, a lawyer should consider: • the expectations of the lawyer-di- rector regarding board services and legal representation; • the organization’s governance

THE IOWA LAWYER 16 OCTOBER 2018 Features Boyd

documents and the Iowa Nonprofit Section of Business Law concludes in Act’s requirements imposed on its report, The Lawyer as a Director Willard (Bill) L. Boyd III is directors; of Client, that, assuming the lawyer an attorney with Nyemaster Goode, P.C., Des Moines, and • the organization’s D&O liability makes the necessary commitment of is the President-Elect of The coverage; time and effort, a lawyer and the non- Iowa State Bar Association. His • the lawyer’s professional liability profit should in many cases be able to email is [email protected]. coverage; and conclude that the risks of the lawyer’s This article is based on previous • the lawyer’s law firm or employer service on the organization’s board are articles published by the author in policies regarding board service. not unreasonable and that it ABA Business Law Today, Vol. 18, is in the nonprofit’s best interest to No. 2, and ABA Experience, The lawyer also should consider the Vol. 28, No. 2. likelihood that the lawyer’s role as a have the lawyer join the board. director will present conflicts in repre- sentation of clients that may be adverse to the nonprofit organization. In accepting a position on the board of directors of a client nonprofit orga- nization, a lawyer-director who will be providing legal representation to the organization should provide an expla- nation of the potential conflicts of in- terest and how they might preclude the lawyer-director from acting as either the director or lawyer on some issues or require safeguards, such as engaging the services of counsel other than the lawyer-director or the lawyer-director’s law firm. It is important to make the other board members aware of the po- tential conflicts. Moreover, in order to address a potential conflict adequately, Lockton Affinity made partner over 10 years ago a lawyer-director should not participate in board or committee deliberations While your Professional Liability Insurance may not be your number one or actions on the relationship of the priority, choosing the right policy is an important decision to ensure organization with the lawyer. your personal assets and reputation are protected. When a lawyer-director speaks to Now is the time to make sure you are adequately covered. the board as a lawyer for the organiza- Does your current provider meet all of these conditions? tion, the lawyer should communicate that fact and remind the board of the • Broad coverage form to properly protect you methods for preserving the attorney- • Valuable risk management resources to help you avoid a claim client privilege. • Cyber Liability coverage options designed to fit your specific needs If the lawyer-director agrees to take on a specific, limited representation of By taking advantage of the ISBA Endorsed Insurance Program, you will the organization, such as preparing have the backing of CNA, the largest insurer of lawyers in the country. restated articles of incorporation or an employment agreement for the execu- tive director, the lawyer should make clear in writing to the organization— the extent of the representation. For more information about Lockton and the ISBA Insurance The lawyer-director should make Program, visit IowaBarInsurance.com or call (800) 679-7154. clear to the board the extent of the lawyer’s expertise and the fact that any statements made by the lawyer with regard to such subject matter are made as a director and not as a lawyer to the Program administered by Lockton Affinity, LLC entity. D/B/A Lockton Affinity Insurance Brokers, LLC. | California License #079547 Service on a nonprofit board can be very rewarding to both the lawyer-di- rector and the nonprofit. The Commit- tee on Lawyer Business Ethics of the

THE IOWA LAWYER 17 OCTOBER 2018 Features Pro Bono

ost people are ill-equipped to represent themselves effectively in an increasingly complex society, and therefore, professional legal representation is a necessity. This need is particularly acute when people who cannot afford legal M services require such services. To address this need, Iowa’s attorneys annually donate thousands upon thousands of hours of pro bono legal services and make financial contributions to legal service organizations that assist low-income Iowans. Despite this steadfast commitment, there remains a substantial unmet need for legal representation for the poor and disadvantaged. The Iowa Judicial Branch encourages all Iowa attorneys to devote at least 50 hours of pro bono legal services each year. This pro bono service is vital not only for the people represented; it is vital to society as a whole. Pro bono service turns the promise of equal access to justice into reality. The ISBA commends all Iowa attorneys who perform pro bono work for clients who would otherwise be unable to afford the assistance of an attorney.

PRO BONO HONOR ROLL 2017-2018 BY COUNTY BUCHANAN: Sarah Dooley-Rothman; Gary F. McClintock The names on this list were provided by the (through Iowa Legal Aid, various organizations around the state that unless otherwise indicated): BUENA VISTA: Steven Hamilton; Mary C. Hamilton coordinate pro bono work and are sorted by ADAIR: John W. Fisher county. Bolded names indicate 50+ hours of BUTLER: David J. Mansheim; Patrick G. Vickers ALLAMAKEE: Kevin E. Stinn; Jeffrey L. Swartz pro bono work. CALHOUN: William D. Kurth APPANOOSE: Jonathan Willier FREE LEGAL ANSWERS (Through the ISBA CARROLL: Jessica Morton; A. Eric Neu; Find-A-Lawyer website): Tammi Blackstone; BLACK HAWK: Andrew Abbott; Craig C. Ament; Christopher C. Polking Aaron Blair; Willard L Boyd III; Matthew J Timothy D. Ament; Larry L. Anfinson; Judith R. Benson; Henry J. Bevel III; Tim C. Boller; Jen CASS: Robert J. Engler; Jonathan Mailander; Brandes; David L. Brown; Ven Bujimalla; John P. Otto; David L. Wiederstein Kellen Corbett; C. Anthony Crnic III; Bethany Chase; Matt Craft; Steven K. Daniels; Hugh CERRO GORDO: Travis M. Armbrust; Rolf V. Currie; Megan Dooly; Tyler Eason; Stephen Field; Laura Folkerts; Timothy Greenwood; Aronsen; Patrick B. Byrne; F. David Eastman; Eckley; Van T. Everett; Jacob Everhart; John W. Harris; John J. Hines; Russell J. Hinze; John P. Lander; Tom Lovell; Michael Moeller; Matthew Gardner; Eric Goers; Susan Theresa E. Hoffman; Luke C. Jenson; Christy C. Bradley Price; John G. Sorensen; Richard Hess; Gary Hill; Debra Hockett-Clark; R. Liss; Rick R. Lubben; Timothy J. Luce; Erin P. N. Jr. Tompkins; Michael S. Vervaecke; Ron Arnold Kenyon, III; Gina Kramer; Ross Lyons; Kathryn J. Mahoney; Joshua M. Moon; Wagenaar; Joel J. Yunek Laird; Erin Lee Schneider; Thomas Levis; Richard R. Morris; Kenneth P. Nelson; Terry D. Paul McAndrew; Andrea McGinn; Cara Parsons; John S. Pieters Jr.; Mary Rose Shelley; CHEROKEE: Alyssa A. Herbold; Mickelsen; Phillip Myers; Jason Neifert; Lori Charles W. Showalter; Chad A. Swanson; George W. Wittgraf Nelson; Jessica Noll; Barbara Orzechowski; Thomas Verhulst; D. Raymond Walton; Steven CHICKASAW: Kevin J. Kenn; Linda Kobliska Weidner; Christopher S. Wendland; Natalie Laura Parrish; Mark Rice; Martha CLARKE: James W. Brown; Elisabeth Williams Burris Scarpellino; Anjela Shutts; Alex Smith; Reynoldson; Matthew D. Zinkula BOONE: Lee R. Johnson; Wesley A. Johnson Emily Swartz; Thomas Tarbox; Christina CLAY: Scott A. Johnson; David A. Scott Thompson; Miriam Timmer-Hackert; Heather BREMER: Beth A. Becker; Steven M. Egli; CLAYTON: J. Steven McCorkindale; Timmins; Bruce Walker; Hope Wood David M. Engelbrecht; Mark Milder; Karen Michael J. Schuster Thalac; Melissa M. Timmermans CLINTON: Steven Kahler; Nathan Legue; Sarah Oldsen; Judd Parker DALLAS: Edward Fishman; Matthew J. ..._ _.. Hemphill; Amy Skogerson; James E. VanWerden WE BUY REAL ESTATE DAVIS: Ashley L. Walkup • A • IVOR • OROR DELAWARE: Daniel H. Swift • BANKR • BI NIAN • AN ONRA DES MOINES: William J. Cahill; Brian Helling; • I ROB • ARIA INR • ORA / IN James W. Miller; Scott Schroeder; Alan N. Waples ANY PRICE, CONDITION, SITUATION DICKINSON: April Bosma; NO CONTINGENCIES, FAST & FLEXIBLE CLOSINGS Bethany Verhoef Brands DUBUQUE: Adam James Babinat; Leslie M. Blair; Natalia Blaskovich; Matthew Boleyn; (515) 344-4341 Chad Cox; Shawna L. Domeyer; Kathryn A. Duccini; MaryBeth A. Fleming; Stephanie www.DesMoinesHomeBuyers.net Fueger; Bridget L. Goldbeck; James Jr. Goodman; Sharon Hallstoos; Francis W.

THE IOWA LAWYER 18 OCTOBER 2018 Features Pro Bono Every attorney can make a difference in the life of one person who is seeking access to justice.

Henkels; Susan M. Hess; McKenzie R. Hill; Schmidt; Jacob A. Schunk; Kristen A. Shaffer; Selene Webb; Carrie L. Weber; Steven R. Brian J. Kane; Dean J. Konrardy; Jason Kristymarie Shipley; James Sines; Caitlin Weiss; Carol A. Wendl; Clinton L. Woods Lehman; Zeke R. McCartney; Daniel J. Slessor; R. L. Sole; Kyle Sounheim; Gary Streit; POLK (through the Polk County Bar Association McClean; Robert J. Murphy; Thad Murphy; Cynthia S. Sueppel; Jason Sytsma; Robert L. Volunteer Lawyers Project): Fred Anderson; John T. Nemmers; Brian W. Peters; Christopher Teig; Larry J. Thorson; Mark Tremmel; Crystal Michael Arleth; Della Arriaga; Shefali Aurora; M. Soppe; Myia Steines; Jeffrey A. Trannel; Usher; Traci L. Vercande; Karen A. Volz; Joe Austen; Todd Babich; Kim Baer; Scott Mark Willging Kyle W. Wilcox; Nate Willems; Anne K. Wilson; Bandstra; Tara Banks; Cynthia Banks-Radke; FAYETTE: Jeffrey E. Clements; David J. Hanson; Mark Zaiger David Barajas; Nathan Barber; Kim Bartosh; Tiffany J. Kragnes; W. Wayne Saur; James S. LINN (through Kids First): Jace Visgard; Tricia Bradley Beaman; Ben Bergmann; Felicia Bertin Updegraff; Ronald L. VanVeldhuizen Hoffman-Simanek Rocha; Eric Borseth; Bill Boyd; Scott Brennan; GREENE: David A. Hoyt; Jonathan D. Law; LOUISA: Megan R. Merritt Phil Bubb; Sean Callison; Elizabeth Carter; Lori Chesser; Nicholas Cooper; Maureen Michael F. Mumma LUCAS: Raymond C. Meyer Cosgrove; David Craig; Sarah Crane; Claire GRUNDY: Kristin R. Schiller MAHASKA: Jim Hansen; Dustin D. Hite; Cumbie-Drake; Amy Davis; Sarah Dewein; GUTHRIE: Joel Baxter; Beverly E. Wild Lynnette M. Lindgren; Eric J. Palmer Catherine Dietz-Kilen; Chad Eichorn; Robert HANCOCK: Philip L. Garland; Scott Folkers MARION: Wesley Chaplin; Jacob R. Hughes; Evans; Van Everett; Ben Feld; Erik Fisk; Brian HARDIN: Michael Holt; Larry W. Johnson Timothy N. Tripp; Lois J. Vroom; Foddrill; Sally Frank; Kyle Fry; Robert Gainer; Misty White-Reinier HENRY: Patrick C. Brau Joe Gamble; Rob Goedicke; Matthew Gore; HUMBOLDT: Ashley Emick MARSHALL: Sean Heitman; Mike E. Marquess; Shyam Goswami; Kimberly Graham; Samantha Melissa A. Nine; Reyne See Gronewald; Justin Gross; Blake Hanson; IOWA: Garrett A. Dozark; Joshua Kraushaar; MILLS: Katherine Murphy Marc Harding; John Hardy; Jered Headrick; Fred Stiefel; Peter W. Stiefel Alice Helle; Zach Hermsen; Victoria Herring; JACKSON: Calla A Parochetti MUSCATINE: Paul C. Bouska; Esther J. Dean; A. Patricia Houlihan; Shanon Hounshell; Gerald Denning; Gregory A. Johnston; JASPER: James W. Jr. Cleverley; Jane Odland; RJ Hudson; Randall Jackson; Larry James, Mark Neary Caitlin Otto Sr.; Jeffrey Janssen; Judy Johnson; Earl MUSCATINE (through Muscatine Legal JEFFERSON: Michael R. Brown; Sarah W. Kavanaugh; Elizabeth Kellner-Nelson; Becky Services): Jean Pfeiffer; Nate Jones Cochran; Lucas C. Helling; Robert G. Rutt Knutson; Jonathan Kramer; Kari Kruml; Mitch OSCEOLA: Harold D. Dawson Kunert; Lance Lange; Matthew Laughlin; JOHNSON: Laura E. Bergus; Siobhan Briley; Christine Boyer; David D. Burbidge; Michael D. PLYMOUTH: Joseph Flannery; Clark; Martin Diaz; Eleanor M. Dilkes; J. Scott Mark L. Hemmingson Edwards; Cynthia Floss Sharpe; Catherine POLK: Lisa A. Allison; Michael Arleth; S. Gerlach; Jim Hayes; James D. Houghton; Katherine A. Baier Beenken; Mark W. Christopher A. Jones; Michael W. Kennedy; Beerman; Kristin Billingsley Cooper; Jennifer ediations and Arbitrations Kandie Kringlen Gelner; Paul Jr McAndrew; A. Block; Randy Bolin; Michael Boohar; Bill Margaret McCaffery; Joseph T. Moreland; Boyd; David L. Brown; Phillip L. Brown, Maria Jeffrey A. Boehlert L. Craig Nierman; Jeffrey L. Powell; Dell A. E. Brownell; John Bunz; Jennifer Clendenin; ersonal inury employment claims Richard; Mary M. Richard; Sara Strain Linder; Jason L. Comisky; Anne Cook; Jason Craig; business and commercial disputes Leon Soies, Paul K. Waterman, Weijing Wu; Catherine M. Drexler; Andrew Duffelmeyer; Jeffrey L. Powell Ashley J. Fuhrmeister; Melissa Gillespie; ember American Academy of ADR Attorneys AV Rated over 35 years of litigation eperience JONES: Adrian T. Knuth Dorothy Goodman; Krista Gorsche; Elena M. Greenberg; Brendan Greiner; KOSSUTH: Eric J. Schmitt Elizabeth Grob; Danielle Jess Haindfield; LEE: Laura M. Krehbiel; Carl A. Saunders Sangki Han; Jim Hanks; Lona Hansen; Jill Patrick V. Waldron LINN: Janice A. Aasgaard; Jared S. Adam; Hansen; Elizabeth Happe; John Hardy; Douglas Specialiing in worers’ compensation Jeffrey M. Beatty, Brian D. Bergstrom; B. Hodgson; Shannon G. Holz; Laura Humes; and civil litigation Matthew J. Brandes; Ann Brown; Kevin Larry I. Jr James; Patrick R. Kirchner; Nick ember of American Academy of ADR Attorneys Caster; Dan Childers; Kevin Collins; William Klinefeldt; Emily A. Kolbe; Mark Konrad; Frank AV Rated over 20 years of civil litigation and J. Daly; Terri Davis; Dean R. Einck; Gregory Kopcinski; Kristy Latta; Christine Lebron- worers’ compensation eperience Epping; Kerry Finley; Paul Gamez; Richard Dykeman; Jesse Linebaugh; Beth Mack; Garberson; Vincent S. Geis; Daniel P. Gough; Wendy Marsh; Cory A. McAnelly; Matthew Larry G. Gutz; Allison M. Heffern; Tricia McDermott; Molly M. McDonnell; Maureen Hoffman-Simanek; James C. Holmes; Mark McGuire; John McKinney; Anna Mundy; Bill Gregory A. Witke Hudson; Stephen B. Jackson Sr.; Judith Nassif; Eric Nemmers; Eldwin A. Nichols; All types of civil litigation Jennings Hoover; Kay M. Johansen; Donald William Noth; Alan Olson; Joelle Palmer; Peter ember of International Academy of L. Johnson; Sam Jones; Jeremiah D. Junker; Pashler; Karen Pearston; Ron Peeler; Nicholas Dispute Resolution AV rated with 30 years Meghan Kennedy; Desiree A. Kilburg; Linda M. J. Pellegrin; Bridget R. Penick; Vicki J. Place; of litigation eperience Kirsch; Phillip D. Klinger; Mona Knoll; Michael Jim Pray; Rebecca E. Reif; Greg Reymann; K. Lahammer; Jonathan Landon; Dawn Long; Hannah M. Rogers; Adrienna A. Sanchez; John Corbett Corey Luedeman; Patricia J. Meier; Schmidt; Charles Schneider; Craig V. Schrader; Richard Mitvalsky; Noelle Murray; Ravi T. Karen E. Shaff; Adam U. Shaikh; Bridget C. 1-283-2147 Narayan; Henry E. Nathanson; Steven J. Shapansky; Ross Craig Shives; Randy Stefani; 0 ifth Avenue, uite 729 Pace; Brett D. Papendick; Cynthia A. M. Ryan Stefani; Jill M. Stevenson; Kristine Stone; es oines, IA 0309 Parker; Carla Pearson; Nancy Penner; James Debra Svoboda Epp; Deb Tharnish; Andrew T www.pattersonfirm.com M. Peters; William P. Prowell; Rachel Riley Tice; Miriam Van Heukelem; Jess W. Vilsack; McCrate; Jeorgia K. Robison; Jonathan Conner L. Wasson; JoEllen G. Watts; Nhyx-

THE IOWA LAWYER 19 OCTOBER 2018 Features Pro Bono

Cynthia Letsch; Tom Levis; Timothy Lillwitz; THE OFFICERS AND BOARD VanDeVelde; Ciara Vesey; Marlin “Hap” Volz Jr.; Jesse Linebaugh; Stacie Linquist; Craig Long; MEMBERS OF THE POLK COUNTY Joel Walker; Courtney Wilson; Jeffrey Wilson BAR ASSOCIATION VOLUNTEER Susan Low; Chip Lowe; Cathy Mansfield; SHELBY: Daniel P. Fischer Stephen Marso; Lora McCollom; Katelynn LAWYERS PROJECT: STORY: Joseph R. Cahill; Kyle S. Farmer; McCollough; Shayla McCormally; Curt Maria Brownell – President; Stephen Marso Robyn C. Huss McCormick; James Meade; Jenifer Mercer- – Secretary; Michael Dayton – Treasurer; Klimowski; Jennifer Meyer; Bill Miller; Donna Alexander Johnson – Immediate Past STORY (through Legal Aid Society of Story Miller; Rebecca Moore; David Morse; Jaime President; David Nelmark - Liaison to the County or Story Co. Volunteer Lawyers Project): Mosqueda; Robert Myott; Katie Naset; David Polk County Bar Association; Caroline Bettis, Nicole Berman; Chad Schneider; Andrew Nelmark; Lisa Noble; Matthew O’Hollearn; Nicole Burgmeier; Andrew Johnson, Michael Boettger; Angie Thomas; Robyn Huss; Mark Nathan Olson; Tim Pearson; Bridget Penick; Kuehner; Lance Lange; Hon. Heather Lauber; Olberding; Shawn Smith; Rebecca Miller; Nicholas Platt; Warren Polson; Teresa Pope; Hon. Christopher McDonald; Tim Pearson; James Thorton; John Dirks; Hon. Michael J. Lynn Poschner; Gavin Quill; Katrina Raisch; Margaret Van Houten Moon; Amy Moore; Dan Bappe; Legal Aid Katherine Massier; Scott Riemenschneider; POTTAWATTAMIE: Gregory B. Barntsen; Society of Story County Board of Directors: Erin Romar; Christopher Rottler; Joseph Rust; Lawrence J. Beckman; William Bracker; Nicole Facio; Mary Howell Sirna; Paul Brittany Sandler; Katherine Sargent; Eric Helen M. Broadway Savage; Kendra Clark; Johnson; Stephen Humke; Tim Meals Schade; Monika Sehic; Travis Sheets; Anjela Kate Cutler; Stephen C. Ebke; Michael Gallner; UNION: Marion E. James Shutts; Al Smith; Kim Stamatelos; Nicholas Halbur; Lonny Kolln; Drew H. Kouris; WAPELLO: Robert M. Box; H. Edwin Detlie; Mac Stanfield; Paul Statler;Alison Stewart; William F. McGinn; Clarence B. Jr. Meldrum; Joseph Goedken; Cynthia D. Hucks; Timothy Susan Stockdale; Tom Tarbox; Deborah Kimberly K. Murphy; Te’ya O’Bannon; W. James; Joni L. Keith; Mary B. Krafka; Tharnish; Christina Thompson; Brandon Donald J. Jr. Pavelka; Jacob J. Peters Bret Larson; Nicholas T. Maxwell; Michael J. Underwood; Elizabeth Van Arkel; Fred Van POWESHIEK: John F. III Bierman; Moreland; John R. Webber III Liew; Annie von Gillern; Tom Walton; Michele Donald J. Charnetski; David A. Jones; WARREN: Marcy Lundberg; Dana B. Wortman, Warnke; Jana Weiler; Neal Westin; Hope Patrick J. Mahaffey WASHINGTON: Douglas L. Tindal Wood; Bo Woolman SCOTT: Paul Aitken; Catherine Alexander; WAYNE: Alan M. Wilson THESE ATTORNEYS VOLUNTEERED TO Grishma Arumugam; Kathleen Bailey; Alex MEDIATE CASES BUT DID NOT REPRESENT Barnett; Ryan Beckenbaugh; Trista Beise; WEBSTER: Stuart J. Cochrane; Eric J. Eide; THE CLIENTS: Christine Branstad, Frank John Bribriesco; Art Buzzell; Garth Carlson; Kurt T. Pittner; Jerry L. III Schnurr, Comito, Van Everett, Jeremy Feitelson, Carrie Coyle; Joe Creen; Calvin Dane; Jack WINNESHIEK: James Burns Samantha Gronewald, Bonnie Heggen, Dane; Richard Davidson; Harold DeLange; WOODBURY: A. Frank Baron; Emmanuel Michael Horn, Jennifer James, Larry James Megan Dooley; Brian Fairfield; Tricia S. Fairfield; Bikakis; Matthew J. II Connealy; Charles Sr., Tom Levis, Shayla McCormally, Jennifer Tim Feeney; Kylie Franklin; Chris Frederick; L. Corbett; James N. Daane; Tod J.Deck; Meyer, Wendy Rima, Robert Sobiech (not an Abbey Furlong; Robert H. Gallagher; Robert Robert B. Deck; Jay Denne; Daniel D. Dykstra; attorney), Christina Thompson S. Gallagher; Matthew Gannon; Alicia Gieck; Melissa Ann Knight; Cody M. McCullough; THESE LAW STUDENTS VOLUNTEERED TO Peter Gierut; Sarah Gorham; Jorge Jr. Gomez; Dennis M. McElwain; Robert F. Meis; Matthew MEDIATE CASES BUT DID NOT REPRESENT Michael Gorsline; Tim Gulbranson; Dale Haake; R.Metzgar; Richard H. Moeller; Cynthia THE CLIENTS: Ayinda Ashtard, Alexandria Kevin Halligan; Michael Halpin; Melissa Moser; Nikki K. Nobbe; James W. Redmond; Confal, Robert Howard, Allison Jones, Ivan Hancock; Eric Hartman; Steve Havercamp; Elizabeth A. Rosenbaum; Elizabeth A. Row; Kling, John Kramer, Joe Lancaster, Peter Jeanette Keller; Patrick Kelly; Gary Lane; Drew Angie Schneiderman; Suzan Stewart; Bruce Larsen, Madison LeDuc, Jasmine Meikle, Larson; Matthew Leddin; Nathan Legue; Paul G. Thomas; Jennifer Van Kekerix; Hannah Alan Navidad, Jordan Nickerson, Samantha Macek; Sandra Madsen; Andrea Mason; Vellinga; Dylan C. Wheeler; Nick E. Wingert; Nordstrom, Matt Roling, Michael Rozenboom, Ron May; Mike McCarthy; Jeff McDaniel; Kendra M. Zirbel Olson Sterling Swank, Brook Thompson, Moriah Molly McDonnell; Mike Meloy; Tommy WORTH: John H. Greve Umfress, Bennett Wiltfang Miller; John Moeller; John Molyneaux; THESE LAW STUDENTS VOLUNTEERED AT Jazmin Newton-Butt; John Newman; Candy IOWA LEGAL AID’S BOARD OF THE HOLA CENTER BUT DID NOT REPRESENT Pastrnak; Jessica Pollmeier; Ted Priester; DIRECTORS AND FOUNDATION BOARD MEMBERS: THE CLIENTS: Raziel Argueta, Shelby Bird, Megan Regenniter; Angela Reier, John Remus; Susan Barta; Kate Cutler; Richard A. Davidson; Jacqueline Garcia, Sanjuanita Martinez, Amanda Richards; Rex Ridenour; Dee Runnels; Scott Folkers; Kristin Gannett-Sanchez; Julio Munoz Breanne Schadt; Tom Schebler; Doug Scovil; Rebecca Sharpe; Kim Shepherd; Sam Skorepa; Michael Mahaffey; Matthew McDermott; Penelope Souhrada; Dave Treimer; John Cynthia Moser; Shawn Nauman-Larson; Anna Olson; Peter Pashler; Elisabeth Reynoldson; Kerry J. Rodabaugh; Leon Spies; Angela HANSEN, MCCLINTOCK& RILEY Sprouse; Rosanna Stutzman; Nate Willems; LAW Y ERS Mark Zaiger; David L. Brown; Sarah Garst; All Types Civil Litigation Brendan Greiner; Jim Hansen; Jim Hayes; Mediation Arbitration Services, including Stephen B. Jackson, Sr., Nick Klinefeldt, & Christine Lebrón-Dykeman, Sara Strain Linder; commercial and employment disputes Jesse Linebaugh, Jean Lloyd-Jones, Tom Chester C. “Trip” Woodburn, III Lovell, Margaret McCaffery, Thad Murphy, Eric Fifth floor, U.S. Bank Building Nemmers, Alan Olson, Peter Pashler, Jim Pray, Angela Reier, Mark Rosenbury, John Schmidt, 520 Walnut Street Suzan Stewart, Deb Tharnish Des Moines, Iowa 50309 515-244-2141 515-244-2931 (Fax) hmrlawfirm.com

THE IOWA LAWYER 20 OCTOBER 2018 THANKS TO SPEAKERS FROM SEPTEMBER 2018 KUDOS

EMBRACING LEGAL PRACTICE Tim Semelroth, RSH Legal Judge Thomas J. Bice, a district court CHANGES FOR THE DIGITAL AGE Kristymaire Shipley, Shuttleworth & judge in Fort Dodge, was honored for (IN-PERSON/LIVE WEBINAR) Ingersoll PLC his exemplary contributions to bar Tyler Smith, Smith Law Firm, PLC Friday, September 7, 2018 admissions on Aug. 11 by the Hon. Sara Strain Linder, Bray & Klockau PLC Sponsored by The Iowa State Bar Rebecca White Berch (Ret.), chair Michael Streit, Sullivan & Ward, PC Association Family & Juvenile Law Section, Breanna Young, Davis Brown Law of the National Conference of Bar Drake University Law School, CNA, Lockton James Weston, Tom Riley Law Firm PLC Examiners, at the annual meeting of Affinity, Goodman Law PC, United Lex, Jennifer Zupp, Zupp and Zupp Law Firm, PC NCBE and the Council of Bar Admission Harbinger, and Deloitte Administrators in Asheville, North Carolina. Bice Theresa Garthwaite, Risk Control PRUDENCE VS. NEGLIGENCE: Specialist, Lawyers Professional Liability, MANAGING RISK IN was recognized for his service on the NCBE board CNA CONCUSSION RESPONSE of trustees from 2008 to 2017. He served as chair Rajee Harris, Partners Enterprise Capital IN SCHOOL SPORTS from 2015 to 2016. Bice was appointed to the Jon Hoak, UpLevel Ops (LIVE WEBINAR) bench in November 2008. Nancy Jessen, United Lex Tuesday, September 18, 2018 Nyemaster Goode attorney Erin Lee-Schneider, Drake University Law Sponsored by The Iowa State Bar School Association Litigation Section Kristina Stanger (right) David McCord, Drake University Law Tim Semelroth, RSH Legal was honored with the 2018 School 2018 AG LAW SEMINAR Gertrude Rush Award at the Todd McGuire, StueveSiegelHanson LLP Iowa Organization of Women Joe Mendel, Deloitte (IN-PERSON/LIVE WEBINAR) Thursday, September 20, 2018 Attorneys annual awards Nicolle Schippers, Attorney Co-sponsored by Iowa State University banquet. The award recognizes Amy Skogerson, The Law Shop by Center for Agricultural Law and Taxation, a lawyer who demonstrates leadership in the Skogerson McGinn LLC the Agricultural Section of The Iowa State David Stork, Stoel Rives LLP community and in the legal profession, and who Bar Association and Iowa Farm Bureau Joy Tranel, Perkins Coie demonstrates concern for human and civil rights. Jonathan Coppess, Department of Jennifer Zwagerman, Drake University Law Judge Eliza Ovrom (left) was honored at the Agricultural and Consumer, Economics, School banquet with the Arabella Mansfield Award, which University of Illinois recognizes outstanding women lawyers in Iowa DEALING WITH THE ‘A’ WORD: Ed Cox, Orsborn, Milani, Mitchell, & who have promoted and nurtured women in the HOW TO CALCULATE SPOUSAL Goedken, LLP SUPPORT (LIVE WEBINAR) Pat Dillon, Dillon Law PC legal profession. Wednesday, September 12, 2018 Steve Kammeyer, Farm Bureau Financial Fifth Judicial District Chief Judge Sponsored by The Iowa State Bar Services Association Family & Juvenile Law Section Eldon McAfee, Brick Gentry PC Arthur Gamble received the and Drake University Law School Mike Naig, Iowa Secretary of Agriculture prestigious 2018 American Inns of Tim Pearson, Laden & Pearson PC Jim Nervig, Brick Gentry PC Court Professionalism Award for Anjela Shutts, Whitfield & Eddy PLC Harrison Pittman, National Agricultural Law the Eighth Circuit. The award was 2018 BRIDGE THE GAP SEMINAR Center presented Aug. 17 during the Eighth (WEST DES MOINES MARRIOTT) Kristine Tidgren, CALT Circuit Judicial Conference in Des September 14-15, 2018 Julia Vyskocil, Brick Gentry PC Moines. Gamble has been chief judge of Sponsored by the Young Lawyers Division Wendong Zhang, Department of Economics, the Fifth Judicial District since 1995. He is president Hon. Paul Ahlers, District Associate Judge: Iowa State University emeritus of the C. Edwin Moore American Inn Jennie Zwagerman, Drake University Law District 2B of Court and past president of the Iowa Judges Trinity Braun-Arana, Assistant Director for School Association. Boards and Commissions LEGISLATIVE PREVIEW AND Jared Correia, Red Cave Law Firm LEGAL UPDATE (LIVE WEBINAR) Robert Van Vooren, Consulting Thursday, September 20, 2018 of counsel at Lane & Nick Critelli, Critelli Law PC Sponsored by The Iowa State Bar Waterman in Davenport, Robert Gainer, Cutler Law Firm PC Association Government Practice Section was awarded the Richard Tim Gartin, Hastings Gartin & Boettger LLP Jim Carney, Carney Appleby Law David Grooters, Pappajohn Shriver Eide & Jenny Dorman, Carney Appleby Law S. Arnold Award for Nielsen PC Doug Struyk, Carney Appleby Law Distinguished Service by the Christine Halbrook, Bradshaw Fowler PREPARING FOR MEDIATION Eighth Circuit Bar Association in Proctor & Fairgrave, PC (LIVE WEBINAR) August. Van Vooren has been recognized as one Sen. Rob Hogg, Elderkin & Pirnie PLC Wednesday, September 26, 2018 of the very best of the courtroom bar by, among Hon. Stephen Jackson, United States Sponsored by The Iowa State Bar other things, being inducted into the American Magistrate Judge, Southern District of Association Family & Juvenile Law Section College of Trial Lawyers and the American Board Iowa and Drake University Law School of Trial Advocates. The award is named in honor of Matthew Lindholm, Gourley Rehkemper & Kim Stamatelos, Stamatelos & Tollakson former Chief Judge Richard S. Arnold, who led a Lindholm PLC David Repp, Dickinson, Mackaman, Tyler & distinguished career that included graduating first in Hagen PC his class at Yale University and Harvard Law School.

THE IOWA LAWYER 21 OCTOBER 2018 Features BOG Fall Quarterly Meeting

Special thanks to Jim Daane, Board of Governors Fall Quarterly Meeting ISBA BOG, District 3B for his ISBA BOG discusses opportunities and acts on legislative agenda items at quarterly meeting contribution to this report ACTIONS recruitment and retention of members the ISBA BOG quarterly meetings and ISBA Section recommendations for and enhancement of the value of are charged with reporting back to the the 2019 ISBA Affirmative Legislative member benefits. larger board where any recommenda- Program were approved as follows: • Authorized release of 2018 Judicial tions for changes will be thoroughly vetted. Business law Performance Review. • Support for adoption of the Uniform • Approval of creation of a Grassroots ISBA BOG SMALL GROUP REPORTS Protective Series Act to permit better Advocacy Network that requires ISBA Rural Practice – Emily Chafa protection of asset series inside an BOG members to either serve as a liai- The Rural Practice group discussed LLC and require reporting of separate son, or to recruit a liaison, to legislators some of the benefits and challenges series entities to the Iowa Secretary of in districts in each governor’s judicial to practicing in rural Iowa including State. district. a lower cost of living, strong sense of Criminal Law community, work/life balance, com- • Endorsement of the ISBA YLD’s Law • Approved amendments to Iowa Code munity leadership opportunities where School Transparency Report to the Section 822.6 to add language that lawyers are welcomed and appreciated. American Bar Association. provides a framework for converting The Future of the Practice exiting paper files to electronic files • Authorized renewal of endorsement of Law in Iowa – Robert Livingston needed in postconviction actions by of CNA as the ISBA’s malpractice The Future of the Practice of adding new sections §822.6A, “Under- lawyers’ professional liability carrier. Law group is looking at how other lying criminal file,” and §822.6B, “Pre- • Approval of the Resolution in Sup- states and professions are addressing vious postconviction files,” and repeal port of State Funding for Civil Legal common issues and ideas related to outdated language requiring docu- Services approved and recommended technology, competition from online ments from paper files be attached to by the Legal Access Committee. services and strategies to fight potential pleadings. unauthorized legal service provid- Probate, trust & estate planning HIGHLIGHTS ers through marketing rather than • Approved amendment to Iowa Code President’s Report – President Tom Levis litigation. ISBA President Tom Levis updated Section 633A.4604(2) to allow any ISBA Member Services/Benefits the governors on his “Table for Ten” current trustee or an attorney for a – Dawn Boucher initiative. ISBA leaders meet with local current trustee to execute certification The ISBA Member Services/Benefits lawyers and judges for lunch through- of trust documents in order to expand group is evaluating separate dues struc- out the state to discuss issues that on who is able to verify the powers of tures for institutional, rural and other impact the practice of law at the local the trustee. subgroups based on use of services and and state levels. If you are interested in benefits and the possibility of leverag- Additional actions taken by the hosting a “Table for Ten” event, please ing bar plan opportunities for general BOG included: let ISBA Assistant Executive Director business products and service provider • Approval of legal forms Affidavit of Harry Shipley know. discounts such as email encryption. Compliance pursuant to Iowa Title At the 2018 Annual ISBA BOG Standard Section 2.1, Farm Lease meeting, Levis created six small groups Wellness – Kathleen Law Flexible Cash Rent, Farm Lease – Crop to discuss and address rural practice, The Wellness group is reviewing is- Share approved and recommended by the future of the practice of law in sues that impact or are experienced by the Legal Forms Committee. Iowa, ISBA member services/benefits, lawyers related to substance abuse, ad- • Approval of changes to the descrip- wellness, record retention and the size diction, mental health, physical health, tion of the ISBA Membership Commit- and make-up of the board of gover- stress, depression and well-being and tee’s purpose so that it is focused on nors. The small groups meet between researching activities and programs in

Legislative Counsel Jim Carney dis- BOG members and distinguished guests enjoy the view LawPAC Chairman Tom Henderson recognizes donors. cusses the upcoming 2019 session. at Jester Park Lodge, where the meeting was held.

THE IOWA LAWYER 22 OCTOBER 2018 Features BOG Fall Quarterly Meeting

other states along with the possibility judicial positions so long as they agree for continuing legal education credit to move to the judicial district upon for wellness topics. appointment to the bench. Record Retention – Bridget Penick LawPAC Chair Tom Henderson The Record Retention group is advised that only 14 percent of ISBA working with the Office of Professional members contribute to LawPAC; the Regulation to develop a record reten- current balance is about $70,000, less tion policy for Iowa lawyers. The group than $9 per member. LawPAC sup- is performing an independent study ports all lawyer-legislator candidates of other jurisdictions and policies that regardless of political affiliation, can be considered. whether incumbents or challengers. Contributions are almost 50 percent to R. Scott Van Vooren, the Chair of the Business ISBA BOG Task Force – Bill Boyd Republican and 50 percent to Demo- Law Section, provides an update. ISBA BOG Task Force is reviewing and crat candidates. assessing the size, operations, elections, Legislative proposals requested by be considered when making a determi- committees, communications, member the Government Practice Section, the nation under §123.3(34). This legis- obligations & orientation/training of Family and Juvenile Law Section, and lative proposal will be brought back the ISBA Board of Governors. The task the Probate, Trust and Estate Planning to the ISBA BOG for discussion at the force plans to provide a report to the Section that will be brought back to December meeting per the suggestion BOG in March 2019. the ISBA BOG for discussion at the of the ISBA’s legislative counsel, as a ISBA Executive Director’s Report December meeting include: proposal is being developed by the ISBA Executive Director Dwight Dinkla Government Practice Iowa Alcoholic Beverages Division and and ISBA Assistant Executive Director • Legislation that amends Iowa there may be opportunity to make the Harry Shipley provided an overview Code Section 123.3(34), “Person of section’s proposed amendment a part of the new Membership Engagement good moral character.” This pro- of the ABD proposal. Coordinator position. They also posed amendment adds language to presented the ISBA Anti-Nepotism §123.3(34) to include criteria that shall Policy which was approved by the ISBA Administrative Committee. Dinkla and Shipley introduced Hank Hanson to the governors in his new capacity as the ISBA Member Engagement Coordinator. Hanson will represent the ISBA in various forms to promote the benefits of ISBA membership, serve as a member of the staff marketing team to develop promotional materials for all ISBA activities, identify and culti- vate new member benefits, serve as the staff liaison to the ISBA Membership Committee. Legislative Counsel’s Report ISBA Legislative Counsel Jim Carney highlighted opportunities for the upcoming legislative session. Thir- ty-four million dollars was paid out for indigent defense last year. The hourly rate continues to be $60/hour with no allowance for driving time. The ISBA Legislative Counsel will continue to advocate for an hourly rate increase. There have been improvements in terms of claim turnaround time. Members of the BOG discussed the proposed change in the judicial nomi- nating commission residency eligibility standards to allow anyone to apply for

THE IOWA LAWYER 23 OCTOBER 2018 IN MEMORIAM Probate, Trust and Estate Planning in Iowa is at DMACC. Starting court Timothy Finn, 69, of Ames died and Family and Juvenile Law reporter salaries in Iowa after two-year Aug. 22. Finn was born in Jefferson in • Legislation that creates a new training programs are approximately 1948. He received his J.D. from Drake chapter of the Juvenile Code for minor $54,000 plus benefits. Some court University Law School in 1974, then guardianship proceedings to provide reporters earn in excess of $100,000 clerked for Justice David Harris of for juvenile court jurisdiction. The per year when including their freelance Probate, Trust and Estate Planning and work. the Iowa Supreme Court. In 1975, he Family and Juvenile Law Sections have Reports from the Law Schools created the firm of Murray Curtis and a meeting in October to attempt to Finn, later becoming Curtis Finn and Drake Law School Dean Jerry An- reach a consensus regarding the Family derson provided information on recent Pattison. Finn was appointed a district Law Section’s minor guardianship and upcoming activities; gave updates court judge in 1987 and served 30 legislative proposal. on the Drake Institute for Judicial years on the bench. ISBA YLD President’s Report Reform and Innovation and the Drake Lei Bei, 31, of Cedar Rapids died Sept. – YLD President Maggie White Rural Access to Justice Initiative; re- ISBA YLD President Maggie White marked on the upcoming retirements 14. Bei was born in 1986 in Shiyan, reported on the YLD’s accomplish- of Neil Hamilton and Chip Lowe; and China. He received his J.D. from the ments and goals and stated that the reported on the composition of the University of Iowa College of Law and YLD’s Law School Transparency new law school class. was an attorney at the Nidey Erdahl Report is receiving a growing number University of Iowa Law School Dean Fisher Pilkington and Meier PLC law of endorsements. (For more informa- Kevin Washburn also provided infor- firm for several years. tion on the ISBA YLD’s Law School mation on recent and upcoming activ- Transparency Report, see the April ities, including reunion weekend Oct. issue of The Iowa Lawyer.) 19-21; stated that the 3yr + 3yr com- Dialogue with Iowa Supreme bined BA/JD program was renewed; Court Chief Justice Mark Cady remarked on the upcoming retirement ISBA President Levis informed the of Steve Burke; and reported that 38 MEDIATOR TRAINING ISBA BOG that Iowa Supreme Court different states are represented in this Chief Justice Mark Cady is the Con- year’s incoming class of 145. The per- ference of Chief Justices of America centage of Iowans in the entering law president-elect. Chief Justice Cady school class increased from 35 percent provided updates from the Court’s to 48 percent. 2018 administrative term and report- Both law school deans provided ed that State Court Administrator information on the average law school Todd Nuccio, Counsel to the Chief debt of graduates. The average debt of Justice Molly Kottmeyer and Chief graduates from the Drake Law School is in the middle of the nationwide RICHARD M. CALKINS Justice Cady are engaged in long-term planning related to organizational, average for private law schools at former dean and adjunct professor, Drake approximately $107,000. The average University Law School, invites applications for: technology and operational efficiencies and exploring examples in other states. debt of graduates from the University Primary Mediator Class Justice Hecht resumed hearing cases of Iowa College of Law is approximately January 7-11, 2019 $72,500. (40 hrs. of CLE, 2 hrs. ethics) and participating in the decisions of Des Moines, Iowa the Iowa Supreme Court. Chief Justice Cady also reported on Justice Susan Mr. Calkins has conducted his 40- hour course over 85 times throughout the Christensen’s Investiture Sept. 21. Midwest. He has also trained law students Office of Professional Regulation throughout the nation and internationally in – Director N. Tré Critelli Australia, United Kingdom, India, Ukraine, Office of Professional Regulation UAE, Poland and Irish Republic. Director Tré Critelli reported that The class includes mediator and the ISBA’s succession plan is working. advocacy training, with students Critelli provided information on doing two full mediations before being certified by the International Academy the pending crisis that will occur if of Dispute Resolution. vacancies cannot be filled when court reporters retire. He enlisted mem- For information, contact Susan Ewing at Meeting attendees get a behind-the-scenes [email protected]. bers of the BOG to ask high school tour of the new Jester Park Nature Lodge, students to consider becoming court courtesy of President Tom Levis who sits reporters. The only training program on the Polk County Conservation Board.

THE IOWA LAWYER 24 OCTOBER 2018 LAWPAY IS FIVE STAR!

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LawPay is a registered ISO of Citizens Bank, N.A. Features Book Review BOOK REVIEW New book highlights history of Iowa’s federal courts he Southern District of Iowa example, law clerks and eventually pro Branch of the Historical Society se staff attorneys; and the changing T of the United States Courts relationship between the court and in the Eighth Circuit has published court reporters. Additional sections of a second edition of its history of the the book provide basic background on district. “No One is Above the Law” court “players” such as the U.S. Attor- includes profiles of the district’s judges ney’s Office, the U.S. Marshals Service, and stories of their interesting cases. probation and the federal public The title comes from a quote from defender. To help preserve the record United States v. Lee which held the Lee of the Southern District, the book family was entitled to compensation includes lists of the names of persons from the federal government for taking who have held some of these positions Arlington for a cemetery. at various times. Finally, the book does This edition brings current the not ignore the courthouses where the information previously provided in the Southern District has regularly held 1995 edition and includes judges which session over the years, offering a photo- have been appointed since then. This graph and at least some description of history of federal courts in Southern nine different buildings in six southern Iowa combines the stories of the way to diverse career paths and early Iowa cities. district’s judges with the stories of their experience as law clerks to then-sitting If you are interested in learning most significant and interesting cases. judges. The profiles of the more recent about the background of a current In the process, the book necessarily judges include their thoughts on why judge you may appear before in federal provides a reminder of changes in our they became lawyers and judges plus court, the book is well worth reading. society from around 1850 to the pres- their insights into how courts have Or if you are just interested in the ent, with the cases discussed changing changed during their careers. district’s history, you will enjoy reading in subject matter from slavery and rail- The book also touches on the estab- the book. It is available through road expansion to draft-card burning lishment of federal courts and of the Amazon.com or on Kindle. and anti-war protests to employment Southern District; discrimination and controversies over the development of criminal sentencing laws and policies. new judicial roles Richard “Dick” Lyford is of counsel The judges themselves change also, such as magistrate with Dickinson, Mackaman, Tyler not in their integrity and commitment judge and bank- & Hagen, P.C. in Des Moines and to justice but in their backgrounds, ruptcy judge; the president of the Southern District of expansion of court Iowa branch of the Historical Society for with one-room schools, informal study the Courts in the Eighth Circuit. of law and military service giving staff to include, for

Jim Rothermich, MAI Vice President [email protected] 515.777.7083 @theLandTalker

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THE IOWA LAWYER 26 OCTOBER 2018 Family Law Seminar

October 25 - 26 West Des Moines Marriott | 1250 Jordan Creek Pkwy. www.iowabar.org/event/2018FamilyLaw

FEATURING

Dr. Arnold Shienvold Riegler Shienvold and Associates Dr. Shienvold is recognized nationally as an expert in the areas of custody evaluations and family mediation. In addition to his direct clinical practice in those areas, he has consulted to public and private agencies, taught and lectured at a multitude of professional conferences and published a variety of papers on these topics.

TOPICS

Family Law Update Representing Incarcerated Parents Child Custody Evaluation Cases Proposed Changes in Minor Guardianships DHS Adoptions Surrogacy Agreements in Iowa: The Baby H Case Drug Trends and Policies Collaborative Law, Early Neutral Evaluation and Other Alternatives

Environmental and Natural Resources Law Seminar November 9 ISBA Headquarters or Live Webinar Sponsored by the ISBA Environmental and Natural Resources Law Section

Presentations:

Federal Endangered Species Act and Monarch Butterfly Status EPA Update DNR Update Federal Environmental Update Waters of the United States, Wetlands and Stream Mitigation and Regulation Climate Change Update

www.iowabar.org/event/2018Environmental Columns Classifieds

POSITIONS AVAILABLE LITIGATION ATTORNEY – Crary Huff tion Mick Connealy, Personnel Partner, PO [email protected], reference code 901. Law Firm, Sioux City, IA – Crary Huff Law Box 27, Sioux City, IA 51102 or mconnealy@ REAL ESTATE ASSOCIATE – Faegre Baker Firm is seeking an experienced litigation craryhuff.com. Equal Opportunity Employer. Daniels, LLP, Des Moines, IA – The global attorney for its office located in Sioux City. IMMIGRATION ATTORNEY – McGrath law firm of Faegre Baker Daniels LLP is Candidates should have at least two years of North, Omaha, NE – Seeking an attorney actively recruiting an associate to join the practice, primarily in civil litigation. Excel- to join its immigration practice. Candi- transactional real estate practice group in lent research and writing skills are required, dates should work well independently and our Des Moines office. Our ideal associate and trial experience is preferred. Iowa bar within a team environment. Experience in candidate would have 3+ years of experience admission required. All applications will be business-related immigration law is required, in real estate-related law, specifically drafting handled confidentially. Send resume and including preparing and filing petitions for and negotiating agreements, resolving title cover letter to Crary Huff Law Firm, Atten- non-immigrant employment, immigrant issues and coordinating complex multi-party tion Mick Connealy, Personnel Partner, PO status, lawful permanent-resident status, closings, all relating to the sale, acquisition, Box 27, Sioux City, IA 51102 or mconnealy@ and dependent-work authorization. The leasing and financing of commercial real craryhuff.com. Equal Opportunity Employer. position also requires a working knowledge estate. Excellent writing skills, attention to BUSINESS AND ESTATE PLANNING of Form I-9 and I-9 audit practices. To detail, and very strong academic creden- ATTORNEY – Crary Huff Law Firm, Sioux apply, visit http://careers.iowabar.org/ tials are required. To apply, visit http:// City, IA – Crary Huff Law Firm is seeking an jobs/11244887/immigration-attorney careers.iowabar.org/jobs/11475575/ experienced business and estate planning real-estate-associate-des-moines ATTORNEY – Gislason & Hunter, LLP, Des attorney for its office located in Sioux City. Moines, IA – Gislason and Hunter LLP is REAL ESTATE AND BUSINESS LAW Candidates should have at least two years expanding its Des Moines office and is seek- ATTORNEY – Wilson, Guerrero & Egge, of legal practice. Experience with estate ing a full-time attorney to practice primarily PC, Waukee – Seeking an experienced planning, corporate law and real estate trans- in the corporate area. The ideal candidate business and real estate attorney for office actions is preferred. Applicants should have will have at least three years' experience in located in Waukee. Candidates should have a strong work ethic and favor a collaborative a corporate or transactional practice. Some at least 2 years of legal practice. Experience team-oriented approach to the practice. Iowa portable business is required along with the with business, corporate law and real estate bar admission required. All applications will desire to develop more. Interest or experi- transactions is preferred. Applicants should be handled confidentially. Send resume and ence in health law or banking law is a plus. have excellent research and writing skills and

CLASSIFIEDS cover letter to Crary Huff Law Firm, Atten- For consideration, please send your resume a strong work ethic. Iowa bar admission re- and cover letter to [email protected]. quired. All applications will be handled con- fidentially. Send resume and cover letter to LATERAL HIRE – Phelan, Tucker, Mullen, Wilson, Guerrero & Egge, PC, 475 SE Alice’s Walker, Tucker & Gelman, L.L.P., Iowa City, Road Ste. A, Waukee, IA, 50263, Attn: Lisa IA – Phelan, Tucker, Mullen, Walker, Tucker Wilson or email [email protected]. & Gelman, L.L.P., an “AV” rated Iowa City firm, is seeking a seasoned attorney practic- ASSOCIATE – Telpner Peterson Law Firm ing in areas of business and transactional law, LLP, Council Bluffs, IA – Telpner Peterson including contracts, commercial transac- Law Firm, LLP seeks an attorney for the tions, real estate development and transfers, general practice of law including the areas business and non-profit entities, and estate of commercial, real estate and transactional and gift planning. Candidates with a portable law. All applications will be handled confi- book of business and the capacity to take on dentially. Please submit a current resume more are particularly encouraged to apply. which includes class rank and a current All inquiries will be kept strictly confidential. writing sample to Telpner Peterson Law Firm, To be considered, contact Christine Gaudet 25 Main Place, Suite 200, Council Bluffs, at 319-354-1104 or [email protected]. Iowa 51503 or email to: pcaruso@telpnerlaw. com. The Telpner Peterson Law Firm is an ATTORNEY - Profitable ongoing county seat AV, full-service law firm practicing in western practice looking for entrepreneurial attorney Iowa and eastern Nebraska since 1952. with 3-5 years’ experience to join firm with transition to ownership. This county seat ASSOCIATE GENERAL COUNSEL-PHAR- firm is located near a major university in MACY – Nebraska Medicine, Omaha, NE a community with excellent schools and – Seeking an associate to provide legal advice amenities. The firm currently practices and counsel to Nebraska Medicine, an aca- in: real estate, estate planning (including demic health system which includes two hos- wills and trusts), POAs, estate administra- pitals, a physician practice group, and mul- tion, income tax, business organization, tiple affiliated legal entities. Responsible for farm leases and a myriad of other matters. areas of law that include academic medicine Principal attorney wishes to slow down and general healthcare law (including Stark and transition into retirement in the near Law, anti-kickback statutes, and fraud and future and is willing to mentor and help abuse laws) and one or more additional prac- new associate transition into community. tice areas. To apply, visit https://pm.health- Principal’s plans are flexible and would be caresource.com/cs/nebraska#/job/9384 willing to transition to “Of Counsel” basis DEPUTY GENERAL COUNSEL & DIREC- indefinitely if agreeable. If you are interested TOR OF LEGAL SVC – Nebraska Medicine, in an opportunity of this nature please send Omaha, NE – Seeking a deputy counsel to communication of interest to communica-

THE IOWA LAWYER 28 OCTOBER 2018 TRANSITIONS assist and support the Chief Legal Officer in matters of significant Sydney Gangestad, Joni Ploeger, Kassandra and General Counsel in the performance, importance and/or risk. Ricklefs and Olivia Slater joined the Davis direction, and oversight of all legal ser- Reviews and evaluates Brown Law Firm in Des Moines. vices for Nebraska Medicine, an academic assigned cases. Prepares Gangestad earned her J.D. at Drake health system that includes two hospitals, and tries cases in all courts GANGESTAD University Law School and joins the firm as a physician practice group and multiple and agencies. Independent- affiliated legal entities. Lead and develop a ly works on matters that special counsel. She will help clients develop team of strategic legal advisors who provide are complex in nature. To their legislative agendas and represent their legal counsel and advice on areas of law apply, visit http://careers.io- interests before the Iowa legislative and that include general healthcare, academic wabar.org/jobs/11498627/ executive branches. medicine, Stark Law, anti-kickbacks statutes, trial-attorney Ploeger earned her J.D. at Drake University fraud and abuse, EMTALA, payer relations Law School. She joined the workers’ and contracting, employment, information SPACE AVAILABLE PLOEGER compensation department at the firm and will technology, patient privacy, data security, OFFICE SPACE AVAIL- assist clients through all phases of their claims. corporate compliance, non-profit tax ABLE - Pleasant, spacious Ricklefs earned her J.D. from the University exemption, medical malpractice, real estate, office space for 1- or of Iowa College of Law. She joins the firm’s litigation, and healthcare transactions, 2-lawyer firm available near intellectual property department where she will including affiliations, mergers and acqui- downtown Iowa City. assist clients with their patent, trademark and sitions. To apply, visit https://pm.health- Reasonable rent includes copyright matters. caresource.com/cs/nebraska#/job/9385 parking, garage, utilities ASSOCIATE GENERAL COUN- and plenty of storage. RICKLEFS Slater earned her J.D. at Drake University Law SEL-HEALTHCARE – Nebraska Medicine, Available immediately. School. She joined the firm’s litigation division Omaha, NE – Seeking an associate to For more information assisting with matters in the health, labor and provide legal advice and counsel to Nebraska contact Dai Gwilliam at employment, business, commercial litigation Medicine, an academic health system 319-354-6000 or by email and insurance defense departments. at [email protected]. which includes two hospitals, a physician Leah Patton has joined Iowa Legal Aid at practice group and multiple affiliated legal OFFICE SPACE FOR its HELP Regional Office in Davenport as entities. Responsible for areas of law that RENT - Dubuque law firm its managing attorney. Patton received her include academic medicine and general has two offices to sublease. SLATER J.D. from Drake Law School in 2005. Prior to healthcare law (including Stark Law, Nice location off the North joining Iowa Legal Aid, she was a judicial law anti-kickback statutes, and fraud and abuse Arterial. Internet connec- clerk with the Third Judicial District of Iowa laws) and one or more additional practice tion provided. Office has as well as the Iowa Court of Appeals and was areas. To apply, visit https://pm.health- shared breakroom and employed as an assistant public defender with caresource.com/cs/nebraska#/job/9383 reception area. Perfect the Iowa State Public Defender’s Office, a staff ASSOCIATE ATTORNEY – Trotzig & space for an attorney or attorney with Muscatine Legal Services, an financial planner. For Bauerly, P.L.C., Le Mars, IA – The law firm of PATTON associate attorney at a private law firm, and a Trotzig & Bauerly is accepting applications details call 563-583-9101. staff attorney with Prairie State Legal Services. for the hiring of a full-time associate attor- Jeffrey T. Myers has joined Goosmann Law ney. Areas of practice within the firm include Firm’s Sioux City location. Myers has been estate planning; probate; income taxation; a solo practitioner since 1974, previously family law; corporate and business planning; agricultural law; criminal law; general associated with Hutchison, Myers, Eckert & litigation; elder law. AV-rated law firm with Vohs. His practice focuses on corporate and business law, estate planning and probate, and 135 continuous years of existence in the Le MYERS Mars community. Preference will be given to commercial and residential real estate. established attorneys with experience in one of the practice areas identified above. Admis- sion to the South Dakota Bar is not required, however, is beneficial. Please send cover letter, resume and law school transcript to either Mat Trotzig or Kelsey Bauerly Langel at 1288 Lincoln Street SW, P.O. Box 336, Le Mars, IA 51031. You may also e-mail the in- formation to the following e-mail addresses: [email protected] or kelsey@btbattys. com. All inquiries will be kept confidential. TRIAL ATTORNEY – Nationwide Insur- ance, Des Moines, IA – We are looking for an insurance defense attorney to join our team. Someone with a background in subrogation, direct representation, works comp. Someone who can manage a case from beginning to end and is able to adapt to a paperless office. Provides legal representation for clients

THE IOWA LAWYER 29 OCTOBER 2018 Columns Spotlight on Service SPOTLIGHTon SERVICE The ISBA Public Relations Committee honors an Iowa attorney or group of attorneys each month in this special feature in The Iowa Lawyer. If you would like to nominate someone to be Debra Hockett-Clark recognized for his or her work in the community, please contact Melissa Higgins, [email protected]. Hope Wood

n honor of pro bono month, the as the portal for IA Free Hope Wood is an estate planning ISBA is recognizing two of its Legal Answers. attorney in Des Moines, and she I member attorneys who have gone “I was introduced to the Iowa Free performs pro bono work mainly in the above and beyond to assist in the IA Legal Answers program through the areas of wills and estate. In addition to Free Legal Answers online pro bono ISBA and have found it to be a quick her work with Free Legal Answers, she initiative spearheaded by the ISBA. IA and easy way to answer questions for also enjoys assisting fellow attorneys Free Legal Answers, part of a nation- people in my specific area of specialty pro bono who are getting their own wide ABA pro bono initiative, is de- anytime of the day or evening when I businesses up and running. signed like a virtual walk-in legal clinic have free time,” said West Des Moines “Whenever an attorney considers where qualified clients post questions attorney Debra Hockett-Clark. “You hanging a shingle, I offer 100 percent to a secure website. The ISBA’s public could not find a more convenient and support to help them with the startup website, IowaFindALawyer.com, serves easy way to help people by just answer- process. I had and still have great ing their questions online.” mentors that I rely on for assistance Hockett-Clark just celebrated her and I always want to pay it forward,” 25th year in solo practice in the area Wood said. Manage Exchange of family law, and initially began doing Both Wood and Hockett-Clark and Professional Risk pro bono work when she first opened also provide pro-bono legal services her practice in order to build her legal through the Polk County Bar Associa- with the Midwest’s skills. She continued when she realized tion Volunteer Lawyers project as part Premier Exchange how even a small amount of her time of their commitment to could make a significant impact on their community. Resource someone’s life. BECOME A FREE LEGAL ANSWERS VOLUNTEER AND DO PRO BONO WORK FROM ANYWHERE! Volunteer attorneys are needed to answer questions in family law, housing, consumer debt, work issues, public benefits, probate and guardianship. Attorneys who want to volunteer can remain anonymous to clients (with limited exceptions), are covered by the ABA’s Free Legal Answers malpractice insurance and perform limited scope representation within the website. A commitment of approximately one hour per month can serve approximately five people and can be counted as pro bono publico service pursuant to Iowa Supreme Court Rule 32: 6.1. If you are interested in signing up to help, please email [email protected].

IPE 1031 6150 VILLAGE VIEW DRIVE • SUITE 113 WEST DES MOINES, IA 50266 515.279.1111 • 888.226.0400 FAX 515.279.8788 WWW.IPE1031.COM [email protected]

THE IOWA LAWYER 30 OCTOBER 2018 Where are you headed? Harbinger Knows.

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