Volume 62 Number 3 March 2002 STATE A B THE W A O R I

A S N SO O CIATI IOWAIOWA LAWYER LAWYER

William F. Riley Ingalls Swisher 1949-1950 1951-1952 PastPast PresidentsPresidents IowaIowa StateState BarBar AssociationAssociation T.M. Ingersoll E. W. McNeil 1950-1951 1952-1953

ALSO IN THIS ISSUE You must opt “out” from Iowa Lawyer Online Special BOG meeting highlights Lawyer legislators want you! Volume 62 Number 3 March 2002 Contents

Published at 521 East Locust Wieck II succeeds Courtney . . . . . Page 4 Des Moines, Iowa 50309 Charles Corcoran, Editor President’s Letter – Holland . . . Page 5 515-243-3179 IOLTA grant application deadline nears ...... Page 6 Special BOG meeting highlights. . Page 7 Legislating lawyers want you! . . . Page 9 Law in the ‘50s – COVER STO RY – THE IOWA STATE BAR ASSOCIATION Stout...... Page 11 OFFICERS 2001-2002 President, C. Joseph Holland, Iowa City Lawyer Referral Service going online . . . President-elect, Alan E. Fredregill, Sioux City Vice President, Kevin Collins, Cedar Rapids ...... Page 18 Immediate Past President, Bruce Graves Executive Director, Dwight Dinkla About the Cover Copying copyrighted materials - Hartung THE IOWA LAWYER Artifacts from 50 years ago, when ...... Page 19 (ISSN 1052-5327) is published monthly by The Iowa State Bar Association, 521 East Locust, Des Moines, Iowa 50309. chrome and tail fins decorated cars, Subscription included in membership fee. Non-members, clunky “modern” furniture and gaudy Futurist’s predictions surprise – $30 per year. Periodicals postage paid at Des Moines, Iowa. colors appointed homes, and war Fredregill...... Page 21 Postmaster: Send address changes to The Iowa Lawyer, haunted families whose sons went off to 521 East Locust, Des Moines, IA 50309. fight, help recall the “Fabulous 50’s.” Thanks to YLD workers – Ahlers . . . . . The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave., Des Moines, IA 50322. Telephone (515) 270-0402. This month ISBA Executive Assistant ...... Page 22 Art Director: Ann Firkins Judi Stout delves into the Bar’s archives Classified Advertising so you can compare that bygone era Classified Advertising ...... Page 23 Qualifying ISBA members - 2 months free; $70 thereafter Non-members - $110 per column inch per insertion with today. If you are too young to Inside ABA’s Philly meeting – See classified section for details. recall that “simpler” time firsthand or For Display Advertising Rates old enough to have practiced law then Funkhouser...... Page 26 Contact David R. Larson (515) 440-2810; or write: The Iowa Lawyer, c/o Larson Enterprises, 909 50th St., makes no difference – take a look back Continuing Legal Education calendar . . West Des Moines, IA 50265. and savor what Iowa attorneys have ...... Page 30 Communicating with The Iowa Lawyer online: built to bring us to today. Computers, Send your comments and Letters to the Editor to [email protected]. Please include your daytime copiers, the Internet, faxes and digital Do YOU want to be listed on the phone number should we need to contact you with an imaging never crossed lawyers’ minds as answer or for verification. Executive Director Dwight tools of their trade then but they never- Web?...... Page 31 Dinkla’s electronic mail address is [email protected]. Executive Assistant Judi Stout is at [email protected]. theless practiced good, honest law and Computer Service Director Harry Shipley’s address is laid the solid foundation upon which [email protected]. this state’s lawyers thrive now. Iowa State Bar Association Board of Governors

OFFICERS: DISTRICT 4: DISTRICT 7: C. Joseph Holland, president, Iowa City (319) J.C. Salvo, Harlan, (712) 755-3141; Patricia R. Cepican, Davenport (319) 355-6478 354-0331; Alan E. Fredregill, president-elect, Charles L. Smith, Council Bluffs, (712) 325-9000. Jerry Van Scoy, Clinton, (319) 242-2827; Sioux City, (712) 255-8838; Kevin Collins, vice District 5-A: Stuart P. Werling, Tipton, (319) 886-2175. president, Cedar Rapids, (319) 365-9461; Mark Otto, Newton, (641) 792-4160. DISTRICT 8-A: Dwight Dinkla, secretary, Des Moines, (515) Michael Moreland, Ottumwa, (641) 682-8326; 243-3179, Bruce B. Graves, immediate past DISTRICT 5-B: Rick L. Lynch, Bloomfield, (641) 664-3188. president (515) 242-2400. Marion James, Creston, (641) 782-8597. DISTRICT 8-B: DISTRICT 1-A: DISTRICT 5-C: Marion Beatty, Decorah, (319) 382-4226; John K. Vernon, Des Moines, (515) 246-4511; Michael Vance, Mount Pleasant, (319) 385-3736. Stephen Juergens, Dubuque, (319) 556-4011. David S. Wiggins, Des Moines, (515) 225-4822; EX-OFFICIO MEMBER: DISTRICT 1-B: Tim Pearson, Des Moines, (515) 262-9595; James Carney (legislative counsel) Des Moines, Kevin McCrindle, Waterloo (319) 234-0535; Brian Wirt, Des Moines (515) 288-2500; (515) 282-6803; David Funkhouser (ABA delegate) George L. Weilein, Waterloo, (319) 233-6163. E.J. Giovannetti, Des Moines, (515) 244-0111; Mason City, (515) 423-6223; David Brown (ABA del- Nan Horvat, Des Moines, (515) 286-3688; egate) Des Moines, (515) 244-2141; Diane Kutzko DISTRICT 2-A: Susan L. Ekstrom, Des Moines, (515) 243-6395; (ABA delegate) Cedar Rapids, (319) 365-9461. C. Bradley Price, Mason City, (641) 423-1173; Carol Moser, Des Moines, (515) 237-1561; Thomas A. Lawler, Parkersburg, (319) 346-2650. YLD OFFICERS: David C. Craig, Des Moines, (515) 288-0145; Paul Ahlers, president, Webster City, (515) 832- DISTRICT 2-B: Anita L. Shodeen, Des Moines, (515) 237-1186. 6565; Timothy Semelroth, president-elect, Steven W. Hendricks, Fort Dodge, (515) 576-4127; DISTRICT 6: Cedar Rapids, (319) 365-9200; Aaron Oliver, Jim P. Robbins, Boone, (515) 432-7114; Marsha M. Beckelman, Cedar Rapids (319) 297-7515; secretary, Des Moines, (515) 244-2141; Debora Joel T. Greer, Marshalltown, (641) 752-5467. Bruce Haupert, Iowa City, (319) 338-7551; Hewitt Neumeyer, immediate past president, DISTRICT 3-A: Darrell Morf, Cedar Rapids (319) 366-7641; Cedar Rapids, (319) 294-8293. David Bibler, Algona (515) 295-3565. Daniel Y. Rathjen, Tama, (641) 484-5211; Joseph Fitzgibbons, Estherville, (712) 362-7215 J. Michael Weston, Cedar Rapids, 319-366-7331. DISTRICT 3-B: James Lohman, Denison, (712) 263-4627; Dan A. Moore, Sioux City, (712) 252-0020. March 2002 3 Wieck Succeeds Courtney Paul H. Wieck II, with the Reynoldson law firm from ducts investigations and audits of Clive, has been 1983 to 1990. In 1990, he was appoint- attorneys’ accounts, institutes discipli- appointed Director of ed by former Governor Terry Branstad nary proceedings against attorneys, Supreme Court Com- to serve as the Commissioner of the and administers the Client Security Paul H. Wieck II missions. Wieck will Iowa Department of Public Safety, a Fund, which is used to compensate replace John Courtney who is retiring position Wieck held until 1999. clients who have suffered a financial after 22 years of service. Wieck has In addition to his legal career, loss due to an attorney’s defalcation been practicing law in Osceola with Wieck has served in the military and or dishonest conduct. the law firm of Reynoldson, Van Iowa National Guard. He served in • The Continuing Legal Education Werden & Reynoldson, L.L.P. U.S. Army from 1973 to 1979. He is Commission, which accredits continu- Wieck graduated from Iowa State currently a Brigadier General in the ing education programs for attorneys University in 1973 with a Bachelor of Iowa National Guard, serving as Assis- and monitors attorney compliance with Science in mathematics. He received tant Division Commander, 34th mandatory continuing education rules. his law degree with honors from Drake Infantry Division • The Lawyer Trust Account Com- University Law School in 1982. From As Director of Commissions, Wieck mission, which makes grants to agen- 1982 to 1983, he served as law clerk will administer the following commis- cies and programs that provide civil and executive assistant to Chief Jus- sions: legal services to the poor. tice W. Ward Reynoldson of the Iowa • The Client Security and Attorney Supreme Court. He practiced law Discipline Commission, which con-

1. POINT 2. CLICK 3. INSURE

4 March 2002 The President’s Letter

My January President’s for legal services came from clients. Those clients wanted a Letter about what we lawyers way to know what services were rendered and to control costs, could learn from my friend Al but to an extent the opposite happened. The billable hour brought a lot of comment, but encourages extensive rather than efficient use of time. That has one particular letter set me resulted in pressure by sophisticated consumers of legal ser- thinking. The author (an Iowa vices to keep hourly rates low. There are accusations that this State Bar Association mem- has in turn led to the “quick clock” or put more pejoratively - ber) was quite complimentary padded hours. of the President’s Letter, but Arizona Supreme Court Justice Thomas Zlaket has said some very unflattering addressed the National Conference of Bar Presidents (NCBP) things about the profession: on this very topic more than once. He believes that the quick clock syndrome exists and has had a corrosive effect on the C. Joseph Holland profession. One little stretch of the truth in reporting hours leads to other and bigger stretchings of the truth. Yet others You Youare correctare correct law lawshould should be a beprofession...it a profession...it was was believe that the teaching of professional ethics in law school as whenwhen I graduated I graduated from from L.S. L.S. in 1969. in 19 I noI no longer longer prac- practice, the lowest common denominator of practice has lead to a fail- tice,having having gone gone into into business business for for myself. myself. We We use use a anum- ure to recognize aspiration to higher standards as the real numberber ofof lawyers.lawyers. TheThe professionprofession isis riddled riddled with with greed meaning of ethics. greedand and a depressinga depressing lack lack of of civility civility and and common common cour- These concerns have taken root during and following courtesy.tesy. LawyersLawyers lielie andand distortdistort and and call call it it advocacy. advoca- * * the debate over MDPs. That debate brought in to focus what cy. ** * You * You express express hope hope that that law law survives survives as asa profession.a pro- defines us a profession and not just business. What are the core fession.It can It onlycan only with with leaders leaders who who have have vision vision and and princi- values of the legal profession? principles.ples. All of this had a direct influence on the formation of the Professional Reform Initiative (PRI) by the NCBP. In last I am optimistic that our profession has those leaders August’s Iowa Lawyer I wrote a President’s Letter taking PRI with vision and principle. Most are not leaders in the formal to task for soliciting written documentation of lawyer dishon- sense, but are the lawyers who show vision and principle in esty. The perception by the public, and by members of our own word and act and deed every day and who lead those around Bar, that lawyers are dishonest should alone be enough to moti- them every day. In addition, there are Bar leaders who are bring vate action on the subject. No database of personal and pro- both vision and principle to the forefront of the profession. fessional shortcomings is needed. The author of the quote is far from alone in his con- In the September The Iowa Lawyer I reported on the cern for the profession. Robert Hirshon, President of the PRI session at the NCBP meeting in August in Chicago. I was American Bar Association, is waging a campaign to educate much heartened to know that the effort was proceeding on a the profession away from the polestar of the billable hour. I more positive path. At the most recent NCBP meeting in would highly recommend reading his President’s Message in February in Philadelphia I went to another PRI session. The the February 2002 ABA Journal in which he identifies many of focus of that session was upon the work of The Colorado Bar the problems he sees with the billable hour. Hirshon has Association PRI Task Force. appointed a Commission on Billable Hours to look at reconcil- The Colorado Task Force started meeting in late 2001 ing the economics of practicing law and the core values that and is actively working on developing a program to raise the define us a profession. You can participate by answering an level of awareness and practice among lawyers on issues relat- online questionnaire on billable hours at www.abanet.org/ ed to truthfulness. The Task Force is working with various con- careercounsel/billable.html (you can also find a link at the stituent groups in and outside the Bar to find positive and con- ISBA web site www.iowabar.org). structive ways to address the issues. There are other similar Bar The billable hour is a comparatively recent “innova- programs in their infancy. PRI on a national level is intended tion” in the legal world; it has had unfortunate by-products for as a resource for local programs, and its goal is to see programs lawyers and clients alike. Lawyers have become timekeepers like Colorado’s succeed. instead of crafting solutions for clients. The billable hour has There are those who argue most strenuously that Iowa become a standard for performance and advancement. does not have a problem with lawyer honesty. I agree that the Some firms have targets as high as 2,400 billable overwhelming number of lawyers in Iowa are honest. hours per year. That is over 46 billable hours per week, with no Unfortunately we know that some few are not. If you read the allowance for vacations, holidays, illness, and other personal Supreme Court disciplinary decisions reprinted in The Iowa commitments. Even a lesser requirement leaves too little time Lawyer from time to time you can’t escape that fact. It doesn’t for family, friends, recreation, and professional development. escape the public. Many believe this is a (if not the) source of widespread profes- Lawyers are human beings and subject to the same sional discontent. failings as other human beings. However, at some level the One impetus for use of the billable hour as a measure continued on page 6...

March 2002 5 The President’s Letter continued from page 5... members of the three learned professions I mentioned last month You may wonder why I am writing about bad news we are expected to rise above other human behavior when we act in hear all too often about our profession, and don’t particularly our professional roles. Professional ethics are about aspirations want to hear again. First, I believe that if we can reinvigorate the for a higher standard. core values of the profession, we will have a better self image, Truth is not elastic. Candor is more that simply telling and practicing law will be more rewarding. More importantly I the minimal and literal truth when asked. Candor and honesty are believe that if we are ever to affect the image of lawyers in the core values of the legal profession. They have been tarnished in eyes of the public we must take on the task in workable increments. the eyes of the public, as certainly as in the eyes of the author of We can do this personally, day by day, in our profes- the letter I quoted. PRI has two simple rules it seeks to instill in sional endeavors. Organized and visible efforts to emphasize the America’s lawyers to combat that perception: importance of candor, without dwelling on the particulars of any- one’s defalcations, can help the profession as a whole to work on 1. A lawyer must always tell the truth in his or her pro- our public image, and on the profession’s self image. These fessional dealings; and, efforts are but a part of the umbrella concept of “professionalism” 2. A lawyer must never intentionally mislead by act or which the Bar has been trying to advance for years. Vision and omission in his or her professional dealings. principles are everywhere in our profession. The issues are nei- ther simple nor easy, but they deserve our attention, and our efforts. File now for IOLTA grants The Iowa Supreme Court Lawyer contacting the Lawyer Trust Account trust accounts hold clients’ funds Trust Account Commission is now Commission, State Capitol, Des that are so small in amount or held accepting grant request applications Moines, Iowa 50319. The telephone for such a brief period that it is not under the interest on lawyers’ trust number is 515-246-8076. possible for the funds to economical- account (IOLTA) program. All applications must be submitted ly benefit the individual clients. Approximately $ 900,000 will be to the commission no later than 4:30 Previously, attorneys’ trust accounts available in the grant period July 1 , P.M., Friday, April 19, 2002. The earned no interest. 2002 through June 30, 2003 for commission will review the applica- The first grants awarded under the projects providing legal services to tions and seek approval of the Iowa program were made in June, 1986. the poor in civil cases and other Supreme Court. Grants award Grants totaling almost $15 million public purpose projects related to announcements are expected have been awarded to date. improving the administration of jus- this June. For further information contact tice in Iowa. The Lawyer Trust Account Com- Paul H. Wiek II, Lawyer Trust The court is encouraging propos- mission was created by the high Account Commission, State Capitol, als for one-time law-related educa- court to receive interest on lawyers’ Des Moines, Iowa 50319. Telephone tion projects and seed money pooled trust accounts and use it pri- 515-246-8076. requests to establish new programs. marily to provide legal services to the Application forms are available by poor in civil cases. Lawyers’ pooled

ATTENTION GOLFERS — MARK YOUR CALENDARS Fifth Annual ISBA State Championship Two Person Best Shot MONDAY JULY 15th THE HARVESTER Ranked #2 “Best New Affordable Public Course” in the U.S. by Golf Digest If you have played the course, you know how truly great it is! If you haven’t had a chance to play it, you have to join us! Mark your calendars and we will have more information in upcoming bar publications and on our website – www.iowabar.org You can check out the Harvester on the web at harvestergolf.com www.adrlist.com 6 March 2002 STATE A B W A O R Special meeting of BOG addresses I A S N SO O court reform issues, among others CIATI Official Business Here are selected highlights of the During the pendency of the appeal, special meeting of the Board of the court may continue a stay or other Governors of The Iowa State Bar temporary remedies granted under Association held on January 23, 2002 section 17A.19, subsection 5, or, in Des Moines. unless precluded by law, the court • Family Law Section and Workers may grant a stay on appropriate terms Compensation Sections – ISBA or other temporary remedies after a Executive Director Dwight Dinkla consideration and balancing of all of reported on the legislation proposed the factors set forth in section 17A.19, by these sections. subsection 5, paragraph c. • ISBA Strategic Planning Task • Judicial Branch Budget Position Force – Bill Scherle and Deb Paper – The ISBA Judicial Branch Neumeyer, co-chairs of the ISBA Budget position paper “How should Strategic Planning Task Force, submit- the State fund the operation of Iowa’s ted an overview of what was planned Judicial Branch?” was presented for for the Task Force’s agenda. The task approval. The position paper is posted force plans to research numerous on the legislative page on the ISBA issues before formulating a list of pri- website – www.iowabar.org A motion orities and recommendations for the to table the position paper failed. Association’s long range plan. • 2001 Court Restructuring Plan: A • Special Request - Stay Or Other Preliminary Assessment – The Board Temporary Remedies - Chapter 17a – reviewed a preliminary study by Dr. The genesis of this proposal was the Mark A. Edelman of Iowa State to refusal by DOT to continue a DOT develop an initial analysis framework stay during the appeal of the District of the issue. This study, commissioned Court’s decision on judicial review of by the ISBA, was designed: (1) to a DOT decision for the termination of assess the impacts of court restructur- an automobile dealership’s franchise ing decisions implemented since by the manufacturer. last October; The board approved making the fol- (2) to measure the possible impact lowing a part of the ISBA affirmative of the Court Restructuring Plan of the legislative agenda: Section 1, Section Iowa Judicial Council which subse- 17A.19, subsection 5, is amended by quently was tabled in December; and adding the following new paragraph: (3) to identify alternatives to make NEW PARAGRAPH. e. A stay or other the system efficient, more productive temporary remedies granted under while rendering quality service and this subsection may be continued by user convenience. the agency or the court during the The complete report is posted for pendency of an appeal taken pur- members on the ISBA website, suant to section 17A.20. www.iowabar.org Section 2. Section 17A.20 is amend- • Clerk of Court Offices and Duties ed to read as follows: 17A.20 Appeals. – In response to a proposal by the An aggrieved or adversely affected Iowa Judicial Council to amend Code party to the judicial review proceed- section 602.1215 to eliminate the ing may obtain a review of any final requirement of one Clerk of Court in judgment of the district court under each county, the Board voted to sup- this chapter by appeal. The appeal port a full time clerk of court’s office shall be taken as in other civil cases, in every county, but to support a study although the appeal may be taken to determine whether there should be regardless of the amount involved. continued on page 8...

March 2002 7 STATE A B W A O R I

Special meeting of BOG addresses court reform issues A S S N O I O continued from page 7... CIAT Official Business a Clerk of Court in every county. is a separate and co-equal branch of als, Filing Fees: Raise more than $2 In response to a proposal to amend government, with Constitutional and million annually in court fees for Code section 602.1215 to provide that statutory mandates. We believe the small claims and civil actions. The the Clerks of Court shall be appoint- Legislature must not abrogate its Con- Board voted to support a fee increase ed by the district court administrator stitutional duty to adequately fund only if there is a commitment from the subject to approval of the chief judge the judiciary to enable it to perform Legislature that the Legislature will of the district, a motion was passed to those mandates. not cut the Judicial Branch budget. retain the present appointment process The determination of Court district • Miscellaneous – A proposal has until a comprehensive study is done. boundaries for service delivery and/or been made to amend Code section In response to a proposal to amend trial center locations constitute a 602.8108(4) to eliminate the alloca- Code section 602.1215 and eliminate political decision that is best left to tion of money for alternative dispute the requirement that the clerk be a the people’s elected representatives resolution and domestic abuse, and to resident of the county, but require in the Legislature. Pursuant to the eliminate the prohibition against that the clerk be a resident of Iowa, Constitutional requirement of separa- using the funds for ICIS. Roger Stet- the Board voted to wait for a compre- tion of powers, the Legislature should son, chair of the ADR Section, com- hensive study before any action not delegate its Constitutional duty to mented upon the proposed changes. is taken. make such geographic and political Stetson indicated that the ADR pro- • Court Administration – In determinations. gram in Polk County would not be response to a proposal to amend In response to a proposal to amend affected because it is currently self- Code section 602.6107 by replacing Code section 602.1217 to provide that funded but that some of the smaller the section with language that autho- the chief juvenile court officer be ADR programs around the state that rizes the Supreme Court to establish appointed by the district court admin- in past years have received ADR the organizational structure of the istrator subject to the approval of the grants from the court could be nega- judicial districts, including the num- chief judge, a motion was passed, as tively impacted. The Board discussed ber of districts and district bound- part of the motion relating to appoint- whether the Bar Association should aries, while still maintaining a clerk of ment of clerks by the district court take a position to encourage the court office in each county the Board administrator, to retain the present courts to keep the funding for ADR adopted this resolution: appointment process until a compre- in its budget. The Board agreed to The Iowa State Bar Association sup- hensive study is done. remain neutral on this legislative item. ports full access to the courts by all • Judges – In response to a proposal A proposal has been made to Iowans. Any proposal to change the to allow the court to delay filling new amend Code sections 633.480 and current law should be studied closely or vacant judgeships (including mag- 633.481 to relieve the clerk of respon- both as to delivery of services and the istrates) for budget reasons, the Board sibility of preparing change of title total cost (which is presently borne by voted to oppose this amendment. documents and to require fiduciaries both State and County budgets) of • Filing Fees – Legislative counsel to prepare and file “Court Officer any change to the taxpayers to deter- reported that listed in the State of Deeds” with the County Recorder. mine any overall savings in personnel Iowa Estimated Condition of the Gen- This amendment was discussed but and physical plant. eral Fund Financial Summary was a no action was taken. Historically and legally the judiciary statement that read: Revenue propos- A proposal has been made to elimi- nate the participation of the foster care review board in delinquency pro- ceedings. This proposal was discussed but no action was taken.

8 March 2002 Lawyers who serve in the Iowa Legislature “When I finish my working career, I would like to have done more than complete one more tax return, write one more will, or try one more case.” Senator David Miller

A note from President Joe Holland cial obligation to do an extra measure vice in the Legislature with our legal Recently I asked our Iowa lawyer of public service. Further, I can assure careers. We have adopted a schedule legislators to write a paragraph or two you that those skills are very much which is more family and business explaining why they ran for elected needed in the Iowa Legislature. friendly, allowing us to be in our office and serve, and how they can do Our firm has always had a culture office on Fridays and Monday morn- that and still have a career as a lawyer. of involvement in our community and ings. With the additional support of It is a very busy time, but several of the bar association. I certainly could my partners, and quite a few working our lawyer legislators were good not do this public service without the weekends, I have been able to main- enough to respond. Each of them has many “new technologies” which are tain my practice. a different perspective, but I believe available, as well as the strong support While there are some sacrifices, the that the quote printed above from and help of my partners. rewards are many. As legislators, we Senator David Miller capsulizes what My time in the Iowa Senate has make decisions which impact the lives truly motivates each of our Lawyer- been a truly rewarding experience. of all of our citizens, hopefully in a Legislators. Even in tough times with difficult positive way. Although there are only issues, my clients and constituents fourteen of us, lawyer legislators hold Senator Larry regularly express their appreciation to many key positions in the Legislature. McKibben me for the time I spend serving Few important decisions are made Having served my Iowans as a state senator. without the input of lawyer legislators. community in many volunteer capacities as Senator Jeff Representative well as on the school Lamberti Chuck Larson board, the opportunity Being a lawyer legis- Serving in the Iowa to be a Senate candidate in 1996 was lator does involve a cer- Legislature has provid- a logical extension of my previous tain amount of person- ed a tremendous public service. al and professional sac- opportunity to work on I have always believed that lawyers rifice. At the same growing our economy, have unique skills and a resulting spe- time, it is possible to balance our ser- continued on page 10...

March 2002 9 Lawyers who serve in the Iowa Legislature continued from page 9... making our schools number one in be challenging, it is without a doubt policy is all I ever wanted to do. the nation, and making our commu- very rewarding. I strongly encourage I have been lucky to serve in nities safe from crime. more attorneys to run for and serve numerous ways. After law school, I The polestar of my efforts has been in the Iowa Legislature. Please feel managed Ed Kelly’s campaign for job creation and making Iowa more free to call me to visit about it. My attorney general in 1990, served as competitive for small business. I office telephone number is 319-377- attorney to a federal agency and then believe strongly that a prosperous 6655 and my email address is: chuck as legislative aide to Senator Grassley. economy where Iowans have excellent @chucklarson.com I returned to Iowa, and served three job opportunities results in a reduc- years as an assistant county attorney. tion of many of the social problems Senator David Just a year after relocating to Cedar we face . . . domestic abuse, substance Miller Rapids, Ron Corbett resigned – and I abuse, and crime. As an attorney who took the plunge into politics. Attorneys play a critical role in the has practiced in small Law and public policy have always development of sound legislation and town rural practice for been a natural fit — theoretically at policy. As chair of the House Judiciary 27 years, I see legisla- least. While the strength of Iowa’s sys- Committee, I use many of the skills tive service as an tem is our “citizen legislature,” the that I gained as a prosecutor. Now opportunity to do public service and part-time nature of the job means we working as general counsel for the use my legal experience to help make must balance our professional and ESCO Group, I have an entirely dif- Iowa a better state. Having served public lives — yet still make time for ferent legal perspective that I also use three years in the Iowa Senate, I can family. I serve as general counsel for a regularly in the legislature. attest to the contribution attorneys Cedar Rapids company which has Although balancing family responsi- make to the legislative process. been very flexible, but I often-times bilities, work and the legislature can Unbeknownst to many people, find myself returning mid-week to lawyers are not represented very well work; coming in on weekends; or in the Iowa Legislature. We only have working late at night in Des Moines 14 attorneys out of 150 legislators. on work-related matters. Most of us Many times questions arise in com- need our “day jobs.” mittees and while drafting legislation Despite the demands on my time, I where an attorney is able to give do not think we would be better some valuable insight. At the end of served by a professional, full-time leg- the day, it may not be economically islature. rewarding, but it is rewarding to con- While most people think that all tribute and give back to our state. legislators are lawyers, really quite few As I have said before, when I finish serve. Lawyers are instant leaders in my working career, I would like to the House, since many of us have have done more than complete one unique and practical experience in more tax return, write one more will, criminal law, probate, business trans- or try one more case. actions; we have an appreciation for the language of the law; and have Representative experience in negotiating, resolving Pat Shey differences, and articulating a point On a hot sunny day of view. in 1968, I shook hands I know that my service here has with Senator Eugene made me a better lawyer, and I McCarthy in Corning, encourage all lawyers to seriously con- Iowa during his run for sider serving the state in this way. President. I marveled that I actually shook the hands of someone who could — and I stress the word could — become president of the United States. Since then, politics and public

10 March 2002 1950 — Those were the days Iowa law half a century ago – Enjoy the view from where we are today There is nothing like the past to show us the future. Looking back is not only educational; it is an exercise in sentimentalism that soothes the soul’s need for friends and events past forever. The older we get, the more we appreciate what we have been through, so here we offer you a reflection on the practice of law in Iowa in the early 1950’s. If you were there in those days, probably just getting started in your career, enjoy the memories. If you’re too young to recollect those “sim- pler” days, you will enjoy your ride down our memory lane and most likely appreciate more what you have today by comparison. We are indebted to several veterans of 50 and more years of Iowa law practice who have contributed to this nostalgia trip. We offer our sincere thanks and wish them many more years of contributing to the legal welfare and distinguished history of our state.

By Judi Stout ISBA Executive Assistant

“As is the custom, will subject the practice of medicine uals upon or after their entry into the an open house and to federal control and regulation and armed service.” (The repeating of his- stag were held the expresses its unqualified opposition tory is truth!) evening prior to (the on principle to socialized medicine.” Wiley Mayne, president of the Junior meeting)….” and “….a women’s party Nelson A. Rockefeller of New York Bar, was overseeing a busy bunch of was held, at which time there was a fea- City, not yet the state’s governor, young lawyers that were producing a tured carnival on Christmas crafts….” So addressed the 1951 ISBA Annual national award winning radio pro- reported the ISBA News Bulletin sum- Meeting on, “National Security in a gram, “The Iowa Roundtable.” It was a marizing two popular social events of Time of Crisis,” followed by Iowa’s public service program organized and the 1950’s Annual Meeting. Gardner Cowles, then of New York staffed by the ISBA and produced Just what was taking place in “the City, a distinguished publisher who with WHO radio. The program aired bowels of the bar” during the years spoke on, “Public Information and its informative 419th show in June, from 1950 to 1954? National Security.” The country was 1950. Formatted as a “call-in and ask The Bar went on record against on high alert because of the upheaval the experts” half hour, it was not only socialized medicine: “NOW, THERE- in Korea and the Bar appointed a 21- educating the public but causing a FORE, BE IT RESOLVED that the member Special Committee for stir with some of the subject matter Board of Governors of The Iowa State Assistance to Armed Forces, “[with] discussed. However, “never mind” Bar Association does hereby go on the purpose of providing gratuitous continued on page 12... record as opposed to legislation which legal advice and counsel to all individ- Orville W. Bloethe: A country lawyer in the 1950’s Having graduated and would lay it out with enthusiasm I would sit near the front so I never in 1947 and after that made me take meticulous notes, missed a word and then took my practicing law for sev- such as “do this because.” I strived notes home and typed them up by eral years, the one never to miss anything. I would take subject. A fellow lawyer in Marengo concern of everyone home my notes of Frank and other always wanted my “notes.” I would do was “income tax.” My speakers. Frank’s were special since this for him and then thought, “Why thinking was, “This is they were what we actually did. not share with the other lawyers in what I better know well.” The Bar On the Thursday afternoon, Walter the County?” which I did. Then I Association rose to the occasion and Willett of Tama would get one or two added a page of “often used tables, the TAX SCHOOL became a “must” trucks, bring the tax forms to the charts, and numbers.” This was the for the country lawyer. I missed one lobby of the Fort, and lay out the “birth,” so to speak, of what is now in 55 years and felt like a “bum” won- dozen or so forms on tables. We the Bloethe, Bibler & Wilmarth TAX dering the rest of the year “what did I would line up with our boxes brought MANUAL, some 600 pages shared miss that may have hurt my clients”. to the school for this purpose and with the IRS each year. One of the Hotel Fort Des Moines was the site take the number we needed. We best, if not the only Manual pro- with hallways crowded and a line for would carry the heavy load to our car duced by any Bar Association. the rest room. The “jewel” of the parked in the lot just to the east. Some school was career agent, Frank Blaser. two dozen forms then served the He knew everything about taxation same purpose as a few hundred now.

March 2002 11 1950 — Those were the days Enjoy the view from where we are today continued from page 11... because the Junior Bar was just as dar- were needed, that was an extra fee. its establishment in 1939.” In its ing and vibrant then as the YLD is now. There were 2,123 ISBA members appreciation for the ISBA staff, the A little trouble didn’t stop the broad- served by the bar headquarters in board was exploring the possibility of casts, only fueled some uneasy “fires.” 1950. William F. Riley, then president, air conditioning. Before making this The association’s now-familiar offi- summed it up: “No more than men- expensive decision, however, a sub- cial seal was designed and adopted in tion of the value of our headquarters committee was appointed to meet at a this period. For the hefty sum of office is essential. Its complete and local theater where air conditioning $8.50, a lawyer could purchase a rub- ready response to every request from had recently been installed and to ber stamp of the seal and use it on a officers, committees and members speak with the theater owner on the firm’s own stationary. If a stamp pad provides daily proof of the wisdom of continued on page 13... Representative figures from five counties across Iowa in 1950 BLACK HAWK: Population 79,946. This county is usually under also afford a fairly important bit of the legal work. Law Republican, and the residents belong chiefly to the libraries available are both county and private with the com- Protestant and Catholic churches, and a small number to the plete reporter system, American Jurist, Corpus Juris, USCA Jewish. Waterloo is the center of activity where there is locat- and many other texts being available. A total of 24 attorneys ed a large amount of industry which provides the principal are practicing at present, with six under age 35. Prospects source of income and employment. Business conditions in for the young lawyer are described as fair, with no assurance this county are good. Corporation work may be found on the of a living income during his first year. He would be advised list of common fields of practice, along with insurance, to start practice with either a young practicing lawyer or with domestic relations, personal injuries, and probate. Though a an older practicing lawyer. Office space is scarce. starting lawyer would not be assured of a living income the SIOUX: Population 27,209. The county is traditionally first year of practice, his prospects are fair. He is advised to Republican. Protestant and Catholic churches serve the com- start with an older lawyer. Office space is scarce for the 75 munities religiously with no particular racial group character- attorneys, only 10 of whom are under the age of 35. izing the population as a whole. The main source of employ- DALLAS: Population 24,649. The predominant political ment rises out of farming with general conditions described party is Republican with Methodists, Friends Church and as good, which fact is attributed to good crops and good Catholics being the leading religious groups. Americans and bank management. Principal fields of practice are probate, Italians are the most prominent racial classes. The principal real property, taxation, insurance, and mortgages and fore- businesses are agriculture, retail sales businesses and brick closures, in order of importance. Financing is another field and tile plants. Business conditions are good but are declin- of practice in the county, also. Both county and private law ing because the people have spent their surplus funds libraries are available, with standard reference works includ- obtained during the high price war period. Probate is the ed. A total of five attorneys are in active practice in the coun- most common field of practice followed by real estate, taxa- ty with three of them under age 35. Prospects for a young tion, domestic relations and personal injuries. The average lawyer are listed as poor, however, with no assurance of a living income for the first years is between $1,500 and $2,500, and income during the first year of practice. He would be advised for those lawyers practicing more than 10 years it is $3,00 to to start practice with an older lawyer; office space is scarce. $5,000. Standard references are available in a county law WORTH: Population 11,449. The Democrats lead the way library bought by the Board of Supervisors. There are six here with Lutheran, Methodist and Evangelical being the lawyers under the age of 35 in this county, 12 between the predominant religions. County is made up of Norwegians, ages of 36 and 60 and four over the age of 60. Conditions Germans and Bohemians. Farming, merchandising and rail- are poor for a young lawyer starting in this county and he roading are the main businesses. Conditions are reported good would not be assured of a living income during the first year. and steady due to parity price support. Probate, real proper- Office space is scarce and one should attempt to locate with ty, taxation, collections and criminal are the five main fields an older lawyer if commencing practice here. of law practice. The only law libraries available are private MAHASKA: Population 26,485. Politically the county is ones. There are eight lawyers with one being under 35, four Republican, with Protestant and Catholic churches handling being between 35 and 60 and three over 60. Prospects for a the religious needs. Ancestry of the people flows from the young lawyer are poor and he would not make a living income Dutch, Welsh, and English nationalities, generally speaking, during the first year. Office space is scarce but he is advised with farming, retailing, small-scale manufacturing and live- to start alone if at all possible. There is some competition stock marketing the principal sources of employment. Coal from Mason City and Albert Lea, Minnesota, in this county. mining is also carried on in the county. Business conditions are good and generally steady, although affected somewhat See the complete 1950 IOWA COUNTY SURVEY by national trends. Principal fields of practice, in order of RESULTS on the ISBA website www.iowabar.org importance, real estate practice, probate, taxation, domestic relations, and personal injuries. Coal leases and rights there-

12 March 2002 1950 — Those were the days Enjoy the view from where we are today continued from page 12... pros and cons of cool air. Apparently complaining committee of its find- cent of the practicing Bar and Iowa satisfied of its real benefits, air condi- ings, action taken, if any, and recom- had the highest percentage of mem- tioning became a headquarters reality mendations as to disposal.” bership of any voluntary association in 1950. Two years later (in 1952), however, in the United States. Nor did television escape the inter- the ISBA Unauthorized Practice The 1950 ISBA Foundation presi- est of the board. The Bar was com- Committee was reporting to the dent was Burt J. Thompson of Forest prised of men with an eye on the board that the committee was, City. The Foundation had $60,000 in future and on the TV screen, as well. “…constantly vigilant in attempting to its treasury but not at all were satis- A Public Service Sub-committee was prevent accountants from the practice fied with that amount. Thompson commissioned to prepare a 30-minute of law, and particularly with reference told the Board of Governors that, program for use on television because to income tax practice.” And then, “Peaks are not scaled by coasting – “…the field of television merits the shock of all shocks, the ISBA’s and nor will we make anything significant ISBA’s continued study and experi- the Iowa Society of Certified Public out of this enterprise unless many are mental use.” The program’s subject Accountant’s agreement dissolved willing and anxious to dedicate some matter could not amicably be agreed because the two professions couldn’t part of their substance to the effort. upon but the board generously agree on “what was the practice of law.” “We are in a period of rapid allowed $500 to produce a program The Unauthorized Practice Com- change. Many concepts which we anyway, never mind the content. mittee was also spending “consider- believed fundamental and indispens- Evidently, a constant bumping of able amounts of time and effort” in able a few years ago are being swept two professions was causing heated attempting to eliminate the unautho- away. No thinking person can believe vibrations in 1950 resulting in an rized practice of law from the activi- that because the individual in agreement with the Iowa Society of ties of an engineering company’s con- continued on page 14... Certified Public Accountants, devising tracts with counties on acquiring a formula of harmonious practice right-of-ways for highways in Iowa’s and conduct between the two. fertile black soil. It stated, in part, “It is the belief of The committee also said it would both professions that each is capable certainly appreciate it if the board of self-discipline and of any necessary would take a look at the Bars of Texas disciplinary measure within its own and Oklahoma where both recently body. Each profes- employed a full-time “We are in a period of rapid sion has or will lawyer who did noth- create an unautho- change. Many concepts which ing but investigate rized practice com- we believed fundamental and complaints against mittee. In the indispensable a few years ago the members of the event of a determi- are being swept away. No think- bar. Could Iowa con- nation by one such ing person can believe that sider such a paid committee that because the individual in position? the privileges, America has enjoyed the great- In 1950 dues were scope and practice est degree of freedom and $15 dollars per year of the profession opportunity in the world, that – just $7.50 for those of that committee who had been is being invaded this situation will continue lawyers four years or or usurped by per- indefinitely without the need of less. Oscar Hale sons of the other, our concern.” from Burlington was the corresponding — Iowa State Bar Foundation Chief Justice, committee of the President Burt Thompson in William Avery Smith other profession 1950 received the Award shall, in good of Merit, and 850 faith, make adequate investigation of lawyers attended Tax School. The such complaint and, within a reason- ISBA was popping! Voluntary mem- able time, report, in writing, to the bers of the association were 95 per-

March 2002 13 1950 — Those were the days Enjoy the view from where we are today continued from page 13... America has enjoyed the greatest ISBA President William F. Riley broken families was to be “…explored degree of freedom and opportunity addressed the subject in 1950: “The and acted upon for the sake of the in the world, that this situation will public must be confident always of children”. continue indefinitely without the the independence and integrity of the In 1950, the princely sum of $12.50 need of our concern. Recent history Court. It is our duty to see that only entitled a member to an entrance proves the contrary. A strong and those who sit are those who have the badge to the 1954 annual gathering, united legal profession, well imple- training, character, courage and wis- one for his wife, too. Also included mented and directed by men of ideals dom to judge fairly and well. The old continued on page 15... and courage, is the goal of the Iowa test is still good – it is for the judge State Bar Foundation.” to do justly, to love mercy, to walk In other words, “show me the humbly, to love his neighbor, his Rollie Grefe: money!” country and his God. It is a sad com- The selection and tenure of judges mentary that in the years from 1932 Taxes made the was another hot issue. A plan was to 1944, twelve years - 32 different bar CLE’s work being devised to take the selection of men sat on our nine-member judges out of politics, “…to assure the Supreme Court. They were splendid I was a member of the ISBA Tax bar association a hand in the selec- men, all of them, but in a period of Committee during this period and I tion of judges and to indirectly assure twelve years we replaced the entire was the chair for two or more years. a judge who is performing his duties membership of the Court three times. The December Tax School attracted and functions properly of a more In not a single election was their increasing numbers of members and secure tenure.” retention or selection an issue. They surpassed the annual meeting in were the unfortunates and, I fear, attendance It was held at the Hotel unwilling victims of political tides Fort Des Moines and Frank Blaser, upon whose ebb and flow they were who was then the Iowa director of the the unhappy flotsam and jetsam. Our Internal Revenue Service, would walk Board took action under President us through the preparation of (Roscoe P.) Thoma at Sioux City in Federal Form 1040. 1948, to authorize a committee to I think it was during this period study a solution, a means of avoiding that we started inviting a nationally a repetition of this unfortunate situa- recognized tax attorney from tion.” The years following 1948 evi- Washington, D.C. to take us beyond denced a well fought battle followed the preparation of Form 1040 so as to by a sweet victory for Iowa’s judicial anticipate audit problems and future, courtesy, in great part, to the prospective changes in the tax laws. lawyers of the Bar. If my memory serves me right, The judiciary wasn’t the only recipi- Walter Slowinski, of Covington and ent of the “wisdom of the legal minds” Burling, honored us with his pres- as the Iowa Association of Chiefs of ence and expertise during two of Police and Peace Officers approached those years. the men of law for an endorsement of The Association used the Tax the uniform traffic ticket. The Board School as a member benefit in vote was unanimous in its agreement attracting new members and it was resulting in a more equal treating of the forerunner of today’s CLE and the public and a speedier handling of Section activities. tickets. No pun intended. I was still an associate in a Des A Committee on Divorce was estab- Moines law firm in those days and lished for the protection of the Saturday office hours were expected involved children because “…children as well as evenings and Sundays dur- (are) the future of Iowa and juvenile ing the tax preparation season which delinquency (is) becoming a problem then ended on March 15. How times within the State.” The core issue of have changed.

14 March 2002 1950 — Those were the days Enjoy the view from where we are today continued from page 13... was a volume of workshop outlines, attorneys and their chances for sur- tion yet, call the Bar and we will mail tickets to Wednesday’s party, tickets to vival. Results from four selected coun- you your 1950 county results. Thursday’s “Sip and Snack” session, a ties follow. If your county is not listed ticket for his lady to an Art Center and you are interested in its 1950 Tea, and a ticket to a Des Moines results, all 99 counties are listed on Bruins baseball game at Pioneer the ISBA website – www.iowabar.org Memorial Stadium. What a deal! If you’re not ready for web participa- In 1950 the ISBA spent $354 for headquarters office supplies, $379 for telephone and telegraph, $1,553 for rent and electricity, and ended up with a net income for the year of Wiley Mayne: $4,696.12. The financial report was signed, sealed and delivered by Recollections of 1950 Edward H. Jones, Secretary to the As I recall, a very eminent British barrister was the speak- Board and the Executive Director of er at the ISBA 1950 Annual Meeting. William F. Riley had the ISBA. Total operating expenses not been in favor of this selection but the invitation had been sent and for 1950 were $22,787.07. accepted before Will became president [of the ISBA]. The autumn of 1949 had brought During his speech, the Brit made a remark which could be considered about a big change in the legal com- demeaning and offensive to the Irish. Will Riley, who was seated next to the munity as the Supreme Court, by rule, speaker and who was of Irish descent, was seen to turn visibly flustered and imposed new standards of admission red at the offensive remark which those present considered in very bad to the Bar of Iowa. Now candidates taste in Will’s presence. presenting themselves were required Will Riley was very supportive of the junior bar as [ISBA] president. He to be graduates of an accredited law was the first president to invite the Junior Bar president [who was Wiley school. “Reading the law” with the Mayne] to all meetings of the Board of Governors and this courtesy and assistance of a member of the Bar and recognition was continued by subsequent Bar presidents. taking a test to enter practice had become a thing of the past. The following year, a pamphlet, Confidentially, Mr. Attorney, was pre- pared by the ISBA’s Public Relations Committee and was distributed to all of the students of both the Iowa and Drake Law Schools. It was written “…so that the students could be made conscious of the necessity of good public relations as well as receiving instruction on the theory of the law.” Professionalism was a big concern with the professionals of the day, lawyers, doctors, clergy. Some even worried about a downward spiral of professionalism and wondered if there would be professionals left in the next century. A 1950 economic survey of sorts was conducted and published by the ISBA Junior Bar, with the help and at the urging of the American Bar Asso- ciation. The survey was aimed at new

March 2002 15 1950 — Those were the days William H. Englebrecht: The way it was in 1951

Most of the attorneys Association in 1951 and Nelson A. much for 1951. admitted to the Bar in Rockefeller of New Your City was the THE WAY IT IS – 2001 1951 were veterans of principal speaker at the Annual With the benefit of hindsight, expe- World War II and had Meeting. George C. Murray received rience and a little research of the put their education on a fast track in the Fifth Annual Award of Merit and legal profession, the following are order to make up for the years spent Justice Tom C. Clark of the U.S. some of the major changes that have in service. Supreme Court gave an address in profoundly affected the practice of There are 5,000 more lawyers which he complimented The Iowa law in the past 50 years: belonging to The Iowa State Bar Asso- State Bar Association as being the 1. DEMOGRAPHICS: The enor- ciation today than there were in 1951. finest voluntary Bar in the nation and mous growth of the population. The The starting salary for associates in challenged the Bar to work towards number of lawyers has more than the general practice in 1951 was changing the method of selection and quadrupled – from 220,000 in 1950 between $200 and $300 per month. tenure of Judges – which was done. to 860,000 in 1955. This has created a Judges were elected rather than The first computer, designed for seller’s market for law school gradu- appointed by the governor; most commercial use, was called Univac, ates. Employers now interview at law counties had four terms of court per and ushered in the new computer schools and pay outrageous salaries year and there was very little pre-trial age, and the first thermonuclear test (as much as $100,000 to start) for top discovery as we know it today. was conducted at Eniwitok Atol in the graduates in major metropolitan law The most famous trial in 1951 was South Pacific. firms. Gone are the days when law the Rosenberg espionage trial, and The cost of living was extremely low firms fixed salaries and set minimum the beginning of the Joe McCarthy by comparison: fees because law was a profession, hearings on alleged Communist infil- 1. A Palm Beach suit sold for $30 and not a business subject to anti- tration of agencies of our government. and a pair of shoes for $5. trust laws. Harry Truman was President and 2. You could purchase a 1951 Dodge 2. DIVERSITY: Another change is Albin Barkley was vice president. The Convertible (with heater and turning the increase in diversity of the profes- Korean War was in full swing and signals) for $2,126; and the Henry J sion. Women have become a substan- President Truman removed Gen. automobile (manufactured by Kaiser- tial force, and so have minorities, but McArthur from his command. Frasier) could be purchased for to a much lesser extent. As I recall, William Beardsley was governor $1,321.00 FOB Willow Run. we had one woman in our graduating and Robert Larson attorney general; Iowa was in the liquor business and class in 1951. What a contrast today – Bourke Hickenlooper and Guy Gillette had a 179 state-owned liquor stores. the increase in the number of women were our U.S. Senators and Henry Passenger transportation by rail- entering the profession is best shown Graven and William Riley were our road was rapidly declining and aircraft by the fact that this past fall more federal judges. Among the members transportation was on the upswing. than 50 percent of the students enter- of the Iowa Supreme Court were Jus- Some would refer to the above as ing law school classes nationwide tices Bliss, Garfield and Winnerstrom. “the good old days,” but I think you were women. Times have changed for T.M. Ingersoll of Cedar Rapids was will agree they were not so good as minorities. In 1998-99 over 9,000 President of The Iowa State Bar some might have you believe. So African-Americans were enrolled in law schools, an increase of more than 20 times in the last 34 years. 3. NEW AREAS OF PRACTICE: Statutes and administrative regula- tions now play a much bigger part than they did in 1951. As a profession we are now responsible for new fields of practice such as environmental law, occupational rights, age and sex discrimination, sexual harassment, mental health, computer, and inter- net, to name only a few.

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16 March 2002 1950 — Those were the days William H. Englebrecht: The way it was in 1951 continued from page 16... 4. TECHNOLOGY: The informa- multi-disciplinary practice and called punitive damages and serious claims tion explosion and technological for lawyers and bar associations to pre- of lack of professionalism and stability. changes have created a revolution serve the core values of the profession With all of its imperfections, the within our profession. More and in the interest of the public we serve. practice of law, in my judgment, more information keeps spilling out These are some of the things that remains a noble profession and this from many sources, which leads to come to mind. Many would say there must never change. Would I do it increased specializations. Lawyers now is too much litigation that is often again? You bet!! know more and more about less and frivolous and too expensive and that less, and law firms devoted to a partic- there are abuses in the assessment of ular specialty are now merging to become departments in large all-ser- vice law firms. There soon will be electronic filings with the courts and I understand that there is an Internet law school that has just come online. 5. NEW FORMS OF PRACTICE: Corporate law firms that were small, or even non-existent when we gradu- ated in 1951, have grown into full-size firms to deal with increased govern- ment regulations and now handle their legal problems in-house. Pro bono ser- vice for the poor has become a large and very welcome development. 6. LAW AS A BUSINESS: The prac- tice of law has become more a busi- ness and is less formal for many rea- sons. For instance, there is more com- petition because of client pressures and shifts. Corporate general counsel require firms to bid for business – a practice that would have been unthinkable even a few years ago. In addition, lawyers may truthfully adver- tise their services. This practice brings a mixed bag of benefits and draw- backs. There is also increased mobili- ty and a decreased sense of loyalty. Despite long-standing relationships, clients are more prone now to shop around for the best prices and best services-objectives that are often incompatible. 7. MULTI-DISCIPLINARY SER- VICES: Arrangements are being made with other professionals to satis- fy client-driven desires for multi-disci- plinary services – a so called one-stop shop for legal and other services. How- ever, the ABA at its Annual Meeting in July, 2000 rejected the concept of

March 2002 17 Big changes coming to ISBA Lawyer Referral Service Referrals Online not far off –

Have you recently established your ing their lifetime. LRS is an invalu- pending in any bar association. own law practice? Have you been in able service in their communities.” 3. Maintain professional liability practice a while and want to expand The ISBA Lawyer Referral Service insurance in a minimum amount your client base? Or do you have receives an average of 15,000 calls a of $100,000 per occurrence. clients whom you are unable to help? year or more the 65 calls each busi- 4. Agree to abide by the rules and The ISBA’s Lawyer Referral Service ness day. The public is made aware of regulations of The Lawyer (LRS) can help you with all of these the service through Yellow Pages adver- Referral Service. questions. Operated by The Iowa tising as well as brochures available at If you would like more information State Bar Association, the LRS has the courts and court clerks’ offices, regarding membership in The ISBA been a public service and member and now we have the same informa- Lawyer Referral Service, or to request benefit for 25 years. It refers thou- tion posted on the Internet! an application for membership, call sands of clients each year to attorneys The service refers callers to attor- Mary Hill at 800-457-3729 or who are members of the ISBA service. neys on a rotating basis, taking into 515-243-3179 or e-mail her at Conversely, if you are uncertain account area of practice and geo- [email protected] about where to send a potential graphic location. client, just give them The Lawyer It is a client’s responsibility to call Referral Service number or the ISBA the attorney to whom they have been site – www.iowabar.org – and let us do referred and schedule an initial con- the rest. sultation. An American Bar Association study showed that there might be as many NEW ONLINE LAWYER REFERRAL as 3,000,000 Americans who call SERVICE STARTS SOON! lawyer referral services each year. That’s a lot of potential clients. Lawter referral dues will include “The results of (the) survey show posting a short biography, a picture, that thousands of moderate-income education data, fields of practice, and clients are turning to lawyer referral possibly a link to the attorney’s own services operated by their local public web page, if available. service bar association when they need The Association will continue to do legal advice,” said John E. Busch of maintenance and promotion/market- the ABA’s Standing Committee on ing of this online service. Lawyer Referral Service. “The average The current phone service will con- legal consumer may not need legal tinue allowing the public without advice more than once or twice dur- access to a computer or the Internet to be served by participating lawyers. Under the new program, the $25 USURY “per referral charge” to clients of The Iowa Department of ISBA will continue but the $8 rebate Banking’s website posts the latest charge and “percentage per case” usury rate and a wealth of other now in effect will be dropped. That financial information that is obtain- means an end to all the paperwork- able all day, every day of the year. intensive reporting requirements. Both Just go to http://idob.state.ia.us of these developments will make it eas- and click on “banking” and then on ier for the attorney and ISBA staff. “rates” for the very latest from state The LRS panel membership dues regulators. for a one-year period will be $100. Be sure to save the site in your There are some other requirements “favorites” file on your browser so 1. Be a member in good standing of you can easily return to the site as The Iowa State Bar Association. often and whenever as you wish. 2. Have no disciplinary action

18 March 2002 Caveats on photocopying copyrighted materials By Kirk Hartung Photocopying is a Harper & Row, Publishers, Inc. v. the copyright owner, and cannot be a daily activity in the Nation Enterprises, 471 U.S. 539, 561 substitute for purchasing books or business world, (1985) (emphasis added). Thus, consumables, such as work sheets. including law offices. whether the defendant is a profit or B. The Nature of the Copy- Are you or your client righted Work committing copyright This factor calls for a recognition infringement by making Technology that some works are closer to the core photocopies? of intended copyright protection and The 1978 Copyright Speaking of intellect should not be as freely copied. For Act gives the copyright works that are more factual in nature, owner five exclusive as opposed to more creative and orig- rights, one of which is the right to nonprofit organization is irrelevant. inal works, the copier is usually given make copies. Thus, any “copying,” The question is really whether the greater latitude in copying. For exam- including photocopying, of the origi- defendant stood to profit from the ple, a compilation of statistics would be nal elements of a copyrighted work is exploitation. Therefore, one should more factual than an editorial article. technically an infringement of the not be under the misconception that C. The Amount and Substantiality work, unless express permission is it will be favored on the first factor of the Portion Used in Relation to the obtained from the copyright owner. because of its nonprofit status. Copyrighted Work as a Whole The five exclusive rights are subject Educational fair use is very limited. Here, the fair use analysis requires to several exceptions, as set forth in Generally, the copying must be limit- both a quantitative and qualitative 17 U.S.C. § 107. Most are very nar- ed in length and in use, must be at approach. First it must be determined row, including “fair use.” the spontaneous inspiration of the what portion of the copyrighted work Fair use is an equitable doctrine. teacher such that there is not reason- continued on page 20... There are not certain acts that consti- able time to obtain permission from tute fair use; instead, it is the circum- stances surrounding the acts that will influence a fair use analysis. Section 107 lists four factors to consider in evaluating fair use, though these are not exclusive. A. The Purpose and Character of the Use, Including Whether Such Use is of a Commercial Nature or is for Non-profit Educational Purposes This factor favors the copier if the alleged infringing use is either trans- formative or non-commercial. A trans- formative use is one that builds upon the copyright owner’s work to further society’s knowledge. As a practical matter, an exact duplication (such as a photocopy) is rarely transformative. In the past, parties have argued that by virtue of their nonprofit status, their copying was non-commercial. The Supreme Court has stated, how- ever, “the crux of the profit/nonprof- it distinction is not whether the sole motive of the use is monetary gain, but whether the user stands to profit from exploitation of the copyrighted material without paying the customary price.”

March 2002 19 Caveats on photocopying copyrighted materials continued from page 19... was incorporated into the copier’s sale on the market, the copier will ting permission exists; (3) whether work. Even if the copier took only a have a difficult time proving fair use. the use was a productive use; small amount of the copyrighted One illustrative case may give rise to (4) good faith and fair dealing; and work, the qualitative factor may still consideration by law offices and other (5) whether the use was incidental. favor the copyright owner if the businesses. The question in American The Copyright Clearance Center, appropriated material was the heart Geophysical v. Texaco, 802 F. Supp. 1 Inc. is the largest licensor of text of the copyrighted work. (S.D.N.Y. 1992), was whether it was reproduction rights in the world. D. The Effect of the Use Upon the fair use for a profit-seeking company CCC provides a consistent way to Potential Market For or Value of the to make unauthorized photocopies of facilitate compliance with the copy- Copyrighted Work articles published in scientific journals right laws in both print and electronic The Supreme Court has consistent- for use by the company’s scientists formats. For an annual fee, CCC ly stated that this is the single most engaged in scientific research. The grants permission to clients to repro- important factor. The Court has inter- court held that such photocopying was duce copyrighted materials, and preted this factor as looking at market not fair use primarily because Texaco makes royalty payments to the copy- substitution. Although fair use requires avoided buying multiple magazines. right owners on behalf of the clients. a “totality of the facts” inquiry, the E. Other Factors CCC covers approximately 1.75 mil- Supreme Court has consistently The following factors may also lion publications for more than 9,600 emphasized protecting the copyright influence a fair use analysis: (1) publishers world-wide. For additional owner’s economic interests. If the whether permission was sought; (2) information see CCC’s website at copier, in making a copy, supplants a whether an efficient means for get- www.copyright.com

Supreme Court requires new numbering format

SM The fourth edition of the Iowa Court Rules, approved by the court last When Relationships Count November and effective last month, changed the rules numbering format. With two exceptions (the Iowa Code of Professional Responsibility for Lawyers and the Iowa Code of Judicial Conduct), all of the rules have been renumbered in a format similar to that used for the Iowa Administrative Code. The renum- bered rules provide for a unique identifier for every rule and follow a consistent internal numbering scheme. Renumbering will result in an easier conversion of the rules to electronic for- mats, will make it easier to create computer links to court rules, and will have legal research advantages. A renumbered rule will consist of the following parts: Chapter Rule Subrule Paragraph Subparagraph 1. 1701 (2) (c) (1) A citation would appear like this: Iowa R. Civ. P. 1.1701(2)(c)(1) These common abbreviations may continue to be used when citing to the fol- lowing rules: Chapter 1 Iowa R. Civ. P. Chapter 2 Iowa R. Crim. P. Chapter 5 Iowa R. Evid. Chapter 6 Iowa R. App. P. Chapter 32 Iowa Code of Prof’l Responsibility Chapter 51 Iowa Code of Judicial Conduct All other rules will be referred to by using the preface “Iowa Court Rule,” and in a citation the abbreviation “Iowa Ct. R.” is used before the rule number. For example, the first rule in chapter 8 (rules of juvenile procedure) will be cited as “Iowa Ct. R. 8.1” and the first rule in chapter 12 (rules for involuntary www.cliftoncpa.com hospitalization of mentally ill persons) will be cited as “Iowa Ct. R. 12.1.”

20 March 2002 Futurist startles bar leaders By Alan Fredregill, ISBA President-elect Seventy-five percent of firms are subject to all of these trends. ABA’s Young Lawyer’s Division at the the “Baby Boom To compete in the labor markets both ABA Annual Meeting in Washington, Generation” will never today and in the future, law firms must D.C. this August. Olson’s energetic and retire! That startling find ways to meet employees’ and soci- creative leadership have already caught projection was revealed ety’s needs, or else! the attention of the “senior bar,” and by futurist Jay Jamrog at Kudos to Olson he is likely to be in the spotlight for the Midwinter Meeting The Iowa State Bar Association con- years to come. He and current ISBA of the National Conference of Bar tinues to be well regarded in national YLD leadership were in fine form Presidents/National Association of Bar bar circles. A shining example is ISBA while in Philadelphia for their own ses- Executives. ISBA President Joe YLD Past President Alan Olson, who sions. Further details on their meeting Holland, Executive Director Dwight will ascend to the Presidency of the are reported in the YLD pages. Dinkla and I braved midwinter storms during the week of January 29- February 3 to attend this and other ses- sions in Philadelphia which were packed with ideas for bar associations. Jamrog, the lively executive director of the Human Resource Institute of Tampa, Florida, studies demographics and anticipates how changes will affect our professions, businesses and lives. He captivated his audience with “fac- toids” about the changing nature of the U.S. workforce, including: • There is a tight U.S. professional labor market which started in 1995 and will last another 15 years. • By 2006 there will be eight million unfilled professional jobs in the U.S. • The “high tech” employees of today and the foreseeable future are also “high maintenance,” requiring employers to be coach, teacher, and mentor. To attract and retain them, employers will have to provide: • top of the line medical and disabil- ity insurance plans, • open and honest communication, • good supervisory relationships, • a challenging work experience, including variety, • good training, • a team environment, • career growth; they’ll be impatient, • experience and skills that will transferable to a new job if required, • a good balance between work and life; fewer will be workaholics, • and finally, good salary, but if given the above, salary becomes secondary. • By the end of this decade, 2010, inter-generational conflict will be a major problem as the needs of “Boomers” strap the ability of society to provide for them. Jamrog believes that lawyers and law March 2002 21 My sincere thanks for all the hard work Throughout this discuss a variety of issues surround- YOUNG LAWYERS DIVISION bar year, I have ing the problem of domestic abuse. YLD been utilizing this The symposium had something for IOWA STATE BAR ASSOCIATION article to inform everyone, including victims, domes- The Young Lawyers Division News and update you tic abuse shelter personnel, prose- is published bimonthly. Material for Paul Ahlers about the various cutors, defense attorneys, medical publication and suggestions as to content projects that the professionals, and the like. are welcome. They should be sent to Young Lawyers Division and its hard- Fortunately, the planners of the Tré Critelli, Nick Critelli Associates, 317 working committee members are con- symposium had the foresight to Sixth Avenue, Des Moines, IA 50309. Articles appearing in this section about ducting. Unfortunately, my time as videotape the presentations for substantive law are not intended to be president is drawing to a close much future use. The YLD Domestic comprehensive and do not necessarily more quickly than I would like, Abuse Committee has combed reflect the opinion of the ISBA or the which, among other things, means through the hours of videotapes to Young Lawyers Division. that I will not have the chance to select the appropriate segments to make the project and the luncheon devote an entire president’s letter to be incorporated into videotapes that such a great event. each of the worthwhile YLD projects will be distributed to a variety of tar- currently underway. However, I do get audiences. The Committee also is Services to the Elderly Committee not want to miss the opportunity to in the process of drafting literature to As many of you know, the Services recognize those projects and the peo- distribute with the videotapes. to the Elderly Committee is responsi- ple behind them. Therefore, this let- Although the Committee has many ble for the creation of the Handbook ter will give a quick overview of just a ideas for the distribution of the tapes, for Older Iowans. With fewer than 600 few of the projects that have been if any of you have an audience in copies of the existing version left, the completed or are going to be com- mind, please feel free to contact Committee is in the process of updat- pleted this bar year. Some of these Nicole or me with your idea. ing the handbook for another run of projects may be well-known to you; publication and distribution. Chair- others may be projects you have never Know Your Constitution Committee person Angela Nelson of Des Moines heard of. Either way, the following are The Know Your Constitution has continued her history of excellent some of the many highlights of the Committee had another successful leadership of this very hard-working YLD this year. year of administering the Know Your and productive committee. Constitution quiz. Andy Chappell of Domestic Abuse Committee Iowa City did an excellent job of Mock Trial Committee Under the leadership of chairper- chairing the committee that drafted The Mock Trial Committee assisted son Nicole Claussen of Cedar Rapids, the quiz and administered it to over in the successful completion of the the YLD Domestic Abuse Committee 2,000 students from 118 different junior high mock trial tournaments has undertaken a videotape distribu- classes representing 85 state legislative held throughout the state in Novem- tion project stemming from the districts around the state. Of the ber. First place went to Indian Hills Symposium on Domestic Abuse spon- 2,000 plus students who took the Junior High School of West Des sored by the ISBA last May. The sym- quiz, 100 finalists and their teachers Moines. Second place went Regis posium hosted renowned speakers were selected to attend a luncheon in Middle School of Cedar Rapids, from around the state and nation to Des Moines in January. Of the 100 which was coached by our own YLD finalists, five students were randomly President-Elect Tim Semelroth. selected as winners of a week-long Congratulations to Chairperson Sara expense-paid trip to Washington, D.C. Dooley Rothman of Independence as with their teachers. Secretary of State this committee continues to excel Chet Culver and ISBA President Joe under her leadership. Holland were the keynote speakers. I also had the opportunity to make a These are just a few of the many few remarks, which was the first KYC highlights of the YLD this year. I want banquet I had the opportunity to to express my appreciation to all of attend. I must say that I was thorough- the committee chairs and committee ly impressed by the students and all of members that have contributed to the hard work undertaken by the these and all the other successful pro- Committee and the ISBA staff to jects of the YLD.

22 March 2002 NORTHWEST IOWA AV-RATED American Family Insurance is one county seat general practice law firm of of the nation’s top-rated insurance four lawyers has an opening for an attorney. Please send resume to Klay, companies. Currently, we have an Veldhuizen, Bindner, DeJong, Pals & exciting opportunity for you to join Jacobsma, P.L.C., PO Box 405, Orange us in the following position at our Classified Ads City, IA 51041. (0402) Davenport, Iowa Legal Office. PUBLISHER’S NOTE EXPERIENCED ASSOCIATE Litigation E-mail submissions to the CLASSI- ATTORNEY: Small Cedar Rapids litiga- FIED ADVERTISING section are tion firm with Fortune 500 client base Attorney requested. They save your keystrokes, seeks an associate attorney with 2-4 thus cutting down on our production years of experience to take on immedi- Job ID 1124 time, and help to assure accuracy. ate case load. Salary range $45,000- The successful candidate will be an Please follow the style of the ads $55,000+ with full benefits. Prior trial active litigator involved in all aspects appearing here, indicate the classifica- experience and references required. of insurance defense through discov- tion where you want your ad to appear All inquiries will be held in strict confi- ery, trial, and appeal. Qualified can- and state how long the ad is to run. dence. Submit resume to - The Iowa didates must have at least three years Each ISBA member of a private law Lawyer, Code SE10, 521 East Locust of civil litigation experience and be practice receives two free insertions Street, Fl. 3, Des Moines, Iowa 50309- licensed to practice law in Iowa; dual annually. Corporate and government 1939. (0402) licensing for Illinois is a plus. This attorney members of the association position offers the right candidate receive the same free privileges for their SMALL FIRM seeking responsible, business, non-employer-related ads. If industrious, client-oriented associate the opportunity to practice defense you have questions, call Chuck with 1-3 years experience or strong clin- litigation in a team oriented setting, Corcoran at 515-243-3179. E-mail your ical background. Salary nego- coupled with the benefits and oppor- copy to ccorcoran @iowabar.org tiable. Send resume and transcript to tunities provided by a strong corpo- The number appearing in parenthe- U.J. Booth, 122 W. Jefferson, Osceola, ration. ses after each ad is not a box number. It IA 50213 or FAX: 641-342-2019 or E- We offer a competitive salary and indicates the date the ad will be pulled mail: [email protected] (0402) excellent benefits package. Please from the magazine. (TF) indicates the apply online at: www.amfam.com ATTORNEY WANTED – Waterloo ad will run until we receive instructions through our Career link to Job ID to pull it. attorney with growing practice seeks associate attorney to assist with current 1124. COMMERCIAL ADVERTISERS: work. A great opportunity to build a pri- If you are unable to apply online, Contact Shannon Espenscheid vate practice. Position offers mentor- please submit a resume to the atten- 641-474-2280 or David Larson ing, training and potential partnership. tion of Richard Brown, Associate 515-440-2810, of Dave Larson Enterprises. New facilities and great staff. Mail General Counsel, at this address — resume to Craig Ament, Ament Law Firm, P. O. Box 325, Waterloo, Iowa American Family Insurance Positions Available 50704. (0402) P.O Box 65630 GROWING AV-RATED law firm with 5500 Westown Parkway, Suite 180 SOUTHWEST IOWA county seat AV- West Des Moines, IA 50266 Rated law firm has opening for gener- regional general practice seeks two al/trial practice attorney to fill by associates, one in general litigation and August. Send resume to Code 0202-1, one in business law. Our firm handles Equal Opportunity Employer The Iowa State Bar Association, 521 major litigation and transactions with (0402) East Locust St., Fl. 3, Des Moines, IA direct client contact by associates. 50309-1939. (0402) Candidates should have a minimum of two years experience and solid creden- tials (3-5 years experience preferred). Full benefits provided, including retire- NOTICE ment plan; salary commensurate with UNAUTHORIZED experience and qualifications. All PRACTICE OF LAW inquiries held in confidence. Please VIOLATIONS send a current resume and cover letter to Brian J. Donahoe, Cutler & For information and to file Donahoe, LLP, 100 N. Phillips Ave., 9th a complaint, contact: Floor, Sioux Falls, SD 57104-6725. Fax 605-335-4961. E-mail BrianD@cutler Mark Godwin, Chair lawfirm.com (0402) Commission on Unauthorized Practice of Law 400 East First Street Des Moines, Iowa 50309 e-mail: magodwin @ci.des-moines.ia.us

March 2002 23 ASSOCIATE: Sioux City AV-rated law LEGAL ASSISTANT I – A full-time ASSISTANT CITY ATTORNEY: The firm seeking highly motivated candi- position in Eighth Judicial District, City of Des Moines is seeking an attor- date to work primarily in the business Mahaska County (Oskaloosa) or ney to join its legal department. The and commercial law areas. Candidates (Wapello County (Ottumwa). Salary is attorney selected for this position will include recent graduates and attorneys $35,006.40 with State of Iowa benefits. provide legal representation to one or with up to three years of experience Employees in this class perform more City Departments and may per- with a preference for those licensed in research and administrative functions form some litigation work. Admission Iowa. Candidates must have an excel- for judges, such as draft opinions and or eligibility to be admitted to the Iowa lent academic background Our firm orders on judges’ direction; research Bar is required. Applicants with prior offers a competitive compensation and motions; prepare jury instructions; cor- experience preferred. Competitive benefits package and an opportunity to respond with parties and attorneys; and salary and outstanding benefits. IA DL work directly with clients. Sioux City is perform other related work as req. For detailed information, call part of a vibrant community of 136,000 required. Applicants must possess (515)283-4115 or visit web site people comprised of Iowa, South knowledge of substantive and proce- www.ci.des-moines.ia.us Apply to HR, Dakota and Nebraska. You may submit dural law and statutes applicable to Rm 103, 400 E. 1st St., Des Moines, IA your cover letter and resume directly to jurisdiction of the court; be able to An Equal Opportunity Employer Crary, Huff, Inkster, Sheehan, interact with the public, judges, attor- M/F/H Drug Screen Required Ringgenberg, Hartnett, Storm & neys and government officials in a vari- Jensen, P.C., attention Cody M. ety of situations and circumstances and McCullough, P.O. Box 27, Sioux City, have the ability to formulate and Established Practice IA 51102 or send it via e-mail to express ideas on complex technical and [email protected] Employer legal subjects clearly and concisely, oral- Wanted www.craryhuff.com. (0502) ly and in writing. Must be a graduate of an accredited law school (applicants IOWA ATTORNEY leaving a private SUBROGATION ATTORNEY: Great may apply before they have officially business venture seeks lawyer from West Casualty seeks an experienced graduated). Demonstrating a high stan- whom to purchase all or part of a pri- attorney, for subrogation. Duties dard of academic excellence and con- vate practice. Practice location must be include investigations, negotiations, siderable experience in legal research within 45 minutes of Davenport. Eleven direction of litigation, defense of cargo and writing are desirable. Submit years experience as lawyer, mainly in claims, research and presentation of resume, writing sample, and transcript business law and taxation but willing to legal opinions and assisting other of law school grades by 4:30 p.m., consider any type of practice, including departments with legal issues; a good March 22, 2002 to Deborah M. Dice, trial. Order of the Coif, UCLA Law public speaker. No defense of liability District Court Administrator Eighth School. If you prefer, you may stay after claims. Must be experienced in aspects Judicial District, P.O. Box 1319, purchase. Please contact me at 309-269- of litigation. Computer literacy needed. Ottumwa, Iowa 52501. FAX: 641-683- 0553 or by letter to 2133 Saint Andrews Excellent salary and benefit package. 1688; Phone: 641-684-6502. E-mail: Circle, Bettendorf, Iowa 52722. Send cover letter, resume, salary history [email protected] EEO/AA Confidentiality ensured. (0502) (required), writing sample preferably related to motor carrier industry, and DEVELOPMENTAL DISABILITIES professional references to: Great West /mental retardation/special educa- Casualty Company, Rhonda Raad, tion/mental health/nursing home & Vacation Rental Manager, Human Resources, hospital standard of care – expert wit- P.O. Box 4555, Bloomington, ness services provided related to WATCH THE SUNSET over The Gulf IN 47403. Fax: (812)337-4321, Standard of Care issues in health ser- of Mexico. Take advantage of a quiet [email protected], and equal oppor- vice agencies. William A. Lybarger, island with fantastic shelling. Two bed- tunity employer. Ph.D. 620-221-6415/tlybarge@ room two bathroom condos at Boca yahoo.com/www.tonylybarger.com Grande, Florida. Please call Yale Kramer at 515-281-9237 for owner’s dis- count. Paid Advertisement Free Report Shows Lawyers How to Get More Clients Why do some lawyers get several years ago. “I went from Clients In a Month Than You rich while others struggle to dead broke and drowning in Now Get All Year!” which pay their bills? “That’s sim- debt to earning $300,000 a reveals how any lawyer can use ple,” says attorney David M. year, practically overnight,” he his marketing system to get Ward. “Successful lawyers says. more clients and increase their know how to market their ser- “Lawyers depend on refer- income. vices.” rals,” Ward notes, “but without Iowa lawyers can get a A successful sole practi- a system, referrals are unpre- FREE copy of Ward’s report tioner who once struggled to dictable and so is their by calling 1-800-562-4627 (a attract clients, Ward credits his income.” 24-hour recorded message) or turnaround to a referral mar- Ward has written a new by going to davidward.com keting system he developed report, “How to Get More

24 March 2002 Miscellaneous Attorney Business Office Space Available NOTICE - MEDICAID LIEN: The Iowa Opportunity DUBUQUE LAW OFFICE: Space avail- Department of Human Services has a able for one or two attorneys. Close to AMBITIOUS BUSINESS-MINDED lien against the recovery recipients courthouse. Includes secretary, recep- obtained from third party tort-feasors attorney wanted by small, established tionist, conference room, copier, fac- pursuant to Iowa Code 249A.6. and expanding 22-year-old general simile. Please contact Timothy Goen, Questions? Call CONSULTEC, INC., practice law firm with offices in Des 412 Loras Blvd., Dubuque, IA 52001 Rocco Russo, 1-515-327-0950 ext. 1114. Moines and central Iowa to become Phone: 563-583-1180. (0402) specialized in the fastest growing prac- NOTICE CRIME VICTIM COMPEN- tice area of debtor bankruptcy – plus PLAZA LAW OFFICE – Office space SATION SUBROGATION. Do you criminal law, family law, personal available in suite of law offices in The represent a client who has received injury, probate and appeals. All options Plaza in Downtown Des Moines includes medical benefits, lost wages, loss of sup- considered from new attorney to merg- staff, services, equipment and utilities. port, counseling or funeral and burial er to quick-term buy-in or buy-out con- Reasonable terms. All inquiries confi- assistance from the Crime Victim tract (with retirement-nearing dential. Phone 515-244-7820. (0402) Compensation Program of the attorney owner remaining in long-term “of general’s office? When your client counsel” rainmaking and adviso- IOWA CITY – Three offices that share applied for compensation benefits, a ry/counseling relationship). Fax common reception area and library subrogation agreement was signed pur- replies to 515-256-0907. (0402) available. Parking and storage includ- suant to Iowa Code section 912.12 ed. The courthouse, bank and post (1995). The attorney who is suing on office are nearby. Located at 22 Court behalf of a crime victim should give Expert Software Street in Iowa City. Please phone 319- notice to the Crime Victim 351-0222. (0702) Compensation Program upon filing a LEGALWORKS GUIDELINES FOR claim on behalf of the recipient. The IOWA. IBM Windows Compatible/ Experts Crime Victim Compensation Program Windows version. Calculates child sup- port pursuant to Iowa child support EXAMINER OF QUESTIONED will pay a pro rated share of the expens- HANDWRITING, 30 years of experi- es incurred in obtaining a judgment or guidelines worksheet and client’s finan- cial affidavit. Call (888) 282-5291 for ence, qualified in state and federal verdict. Questions? Contact Julie courts since 1972, résumé available Swanston, MPA Compensation pricing and delivery information. Satisfaction guaranteed. LegalWorks upon request. Richard D. Mould; 130 Administrator, Crime Victim Assistance East Rose; Des Moines 50315-7747; Division, (515) 281-5044. Software, P.O. Box 22127, Des Moines, IA 50325. (515) 288-5881. NOTICE TO ATTORNEYS: Estate Recovery Program. Iowa Code section continued on page 26... 249A.5(2)f(2) provides that medical assistance recipients, age 55 and older, shall reimburse the state for Title XIX benefits received. Title XIX funds the Medicaid, Medically Needy, and Elderly Waiver programs. A medical assistance claim for reimbursement is a priority claim, Iowa Code section 633.425. Iowa Code section 249A.5(2)f(2) provides that the personal representative or executor of the estate of the recipient may be personally liable for the claim to the extent of the recipients assets at the time of death, if such assets were not used to pay the medical assistance debt. For further information contact: Ben Chatman; Estate Recovery Program; 904 Walnut St., Ste. 502, Des Moines, IA 50309; telephone 515-246- 9841; fax 515-246-1722; 888-513- 5186; http://www.iowa-estates.com E-Mail: estates@sumo group.com

March 2002 25 ABA mid-year meeting in Philadelphia – The House of Delegates revealed By David E. Funkhouser, ABA State Delegate The ABA recently held its mid-year GATE, elected by lawyers practicing phia the only office meeting in Philadelphia. This meet- in that state who are members of the at issue was presi- David E. Funkhouser ing includes a wide variety of activity, ABA. Various other entities are enti- dent-elect. Dennis Archer is the nomi- culminating in a meeting of the tled to one or more delegates, such as nee selected. His credentials are too House of Delegates. HOD is the poli- an ABA section. There is a total of numerous to list but most notably cy making body of the organization, over 400 voting members of the House include, former Justice of the considering and voting upon various of Delegates. Michigan Supreme Court and Mayor initiatives and resolutions which con- OVERALL, IOWA’S VOICE IS of Detroit. He officially will be voted stitute the official policy of the ABA. OBVIOUSLY SMALL. However, in upon by ABA members and will take HOD is primarily comprised of Bar one area our voice is equal. The State office in August, 2002 and will be the Association delegates, elected by state Delegates comprise the vast majority first person of color to serve as presi- and local bar associations whose of the nominating committee which dent of this organization. numerical representation is depen- for all practical purposes, selects the Following the nominating process dent upon the number of lawyers officers of the ABA and we each have and numerous informational meet- practicing in their geographical juris- one vote. This give us an opportunity ings on Sunday, the House of Dele- diction. California has well over 40 to explain the needs of our con- gates convened on Monday and met such delegates. Iowa has two. Each stituents and to try to get a commit- through Tuesday. This was a particu- state is entitled to one STATE DELE- ment from them to help. In Philadel- continued on page 27... Classified Advertising REAL ESTATE AND BUILDING Law Books For Sale Personal CONSTRUCTION EXPERT: Architect available to assist in case REASONABLY PRICED – To disperse IF DEPRESSION, STRESS, ALCO- preparation, depositions and court tes- the law library of recently deceased HOL OR DRUGS are a problem for timony for plaintiff or defense attor- Attorney Dave Hughes of Cascade, you, we can help. We are a non-profit neys. Areas of expertise include: real Iowa, the following are offered by Kay corporation offering attorneys free estate partnerships, real estate finance, (Mrs. Dave) Hughes – NW Reporters help in a totally confidential relation- real estate investments, land econom- Vols. 64-185; NW Reporters 2d Vols. 1- ship. We are the Iowa Lawyers ics, architecture, building design, value 523; Iowa Code Annotated – pocket Assistance Program and totally separate engineering, cost evaluation, construc- parts 1995 Vols. 1-59 – Complete Set; from the state bar association. Under tion management and construction Iowa Digest – pocket parts 1995 Vols. 1- order of the Iowa Supreme Court, all scheduling. Specialist in preparation of 20; Corpus Juris Secundum – pocket communication with us is privileged computer-generated charts, graphs, parts 1973 Vols. 1-8. Miscellaneous: and private. Our director is a former scale drawings and models. Goldstein Trial Technique – 2nd edi- lawyer, a recovering alcoholic and drug Professional experience in 32 states. tion complete set Vols. 1-3; Iowa addict. He is a trained substance abuse Résumé and references available upon Practice; Corporate Law and Practice, counselor and an Employee Assistance request. John G. Kujac, 15561 NW Vols. 5 and 6; Encyclopedia of Professional (EAP). We cannot help Madrid Dr., Madrid, IA 50156. Corporate Meetings (Sardell) Vols. 1 unless you call – 515-277-3817 or 800- (515)795-4001 or fax (515) 795-3049. and 2; Iowa Title Opinions and 243-1533 – or message (in confidence) Standards; various other legal special [email protected] All you have to FREE Legal Help! interest books. Contact Mrs. Hughes at do is ask us to contact you. No other 800-728-7367, ext. 203 (days); 563-852- details are necessary. We will call you. The Legal Hotline for Iowans 3943 (eves); 5009 County Road D-61, The Iowa Lawyers Assistance Program can 60 and over Cascade, Iowa 52033. (TF) provide speakers for local bar associations. 800-992-8161 statewide Just ask. 282-8161 in Des Moines calling area This is a project of the Legal Services Corporation of Iowa

26 March 2002 The House of Delegates revealed continued from page 26... larly long and busy session devoted containing recommended guidance our nation in the future and to help primarily to voting upon the pro- to the United States Government locate the culprits and bring them to posed new version of the Model Code respecting the handling of the so- justice and that military tribunals are of Professional Responsibility, preced- called “detainees.” While the resolu- not unknown in times of war like this. ed by five years of work by a specially tion is long and involved and was He said that view is held because appointed committee which reviewed accompanied by about 10 pages of there are so many people to be the entire preceding Code and made explanatory commentary, in essence processed, many unusual difficulties recommended changes. This finaliza- it urged the administration, Congress with proofs, and soon and that the tion process started last summer at and Secretary of Defense, to handle government does not want its hands the annual meeting in Chicago when the detainees in accordance with the tied. They are considering all of the House devoted four hours debat- spirit of the provisions of the Geneva these matters and trying to work ing selected proposed changes. Since Convention respecting prisoners of through them and find appropriate this is a Model Code, it will now be war, that they be processed in public solutions and may consult with the sent to the states for consideration of hearings as opposed to secret hear- ABA down the line. adoption in whole or in part or at ings and that the process culminate in The proponents argued that when least consideration in drafting their proceedings incorporating principles members of our fighting forces are own. Iowa already has a committee in of fundamental fairness. captured, our initial primary concern place which has been working on our There recently has evolved a seem- is that they be treated as prisoners of existing Code and has deferred com- ingly ever-increasing number of dele- war to be accorded the fundamental pleting its task to have the benefit of gates who believe that the ABA too protections civilized nations have the Model Code for guidance in final- often takes up matters that really agreed should be afforded prisoners izing its work. aren’t its business, rather should be of war as expressed in the Geneva Time and space do not permit a left to others to decide. They usually Convention Treaty and when our peo- meaningful summarization or charac- signal their view by a motion to post- ple are not receiving that, our nation terization of this new Model Code. pone debate indefinitely, and did so is out building an international coali- Most of it was non-controversial. Many here. That motion failed by a narrow tion and bringing immense pressure portions of it are directed to matters margin. to bear on those holding our people not addressed in the Iowa Code and if WE RETURNED TO THE RESO- to comply, and thus, it is inconsistent adopted, may provide helpful guidance LUTION AND DEBATE ENSUED. for us to act in any other way and sets on matters our Code is silent upon. The debates are marvelous. Each side a bad precedent for future treatment PERHAPS THE MOST CONTRO- has an array of well-informed, persua- of our people who are captured. They VERSIAL ITEM had to do with creat- sive speakers. Leading the opponents also list - That these people have been ing an exception to our historically view was Ted Olson, U.S. Solicitor held over 120 days incommunicado, long-standing inviolate rule of confi- General, who in essence reiterated not charged with any crime, not pro- dentiality of client communications. the administration’s preliminary views continued on page 28... The new Model Code permits, but reported by the does not require, a lawyer under lim- media that ited circumstances, to disclose a client’s these are not intent to kill or do substantial bodily prisoners of war, harm to someone. The committee but rather are and various proponents wanted to murdering ter- extend the exception to instances of rorists who have monetary harm such as a plan to no regard for defraud. That was voted down. human life or All of us will have an opportunity to any values hon- become familiar with the provisions ored by civilized of this Model Code as we work through nations. He said the process of revising our own Code that it is neces- after a comparative evaluation. sary to detain Probably the most controversial them for end- issue before the House at this meet- less interroga- ing arose out of the aftermath of the tion to try to infamous September 11th attacks. A obtain informa- resolution was presented to the House tion to protect

March 2002 27 The House of Delegates revealed continued from page 27... vided any sort of hearing to deter- to put down lawlessness and adhere approached and obviously wanted to mine if there is anything akin to prob- to the rule of law. That principles are interrupt our conversation for a able cause for holding them and only really tested during difficult moment. I stepped back a little to there are signals from the administra- times and the justification is universal- make room and this delegate tion that they may be tried in secret ly that the circumstances of the announced that they had overheard proceedings pursuant to undisclosed moment necessitate it. our conversation and understood I rules or procedures, let alone includ- Finally, they reminded us that the was from Iowa and wanted to meet ing any our legal system would con- most shameful episodes in the history me. In the process of introductions, I sider fundamentally fair, and if an of this nation have occurred when we was put off balance by the most American citizen were being subject- have abandoned these fundamental unusual look this person was giving ed to anything like this, we as a principles such as the detention of me. I was hopeful it meant that the nation would be outraged and would American citizens of foreign ancestry delegate was in awe of standing in the be seeking to build a coalition of during World War II who were presence of the State Delegate from international condemnation. That stripped of their rights and property Iowa and although that was highly currently many of our friends and without any hearing or determination unlikely, it was a more palatable allies have already expressed concern of wrongdoing. Tough choice! The choice to the obvious other alterna- and indeed suspicion, including resolution ended up passing by a fair- tive explanations like I either had a Saudi Arabia which apparently is ly substantial margin. third eye growing in the middle of my requesting that 20 of the detainees Oftentimes the best part of these forehead or spinach hanging from my who are their citizens, be returned to meetings for me, is ending the meet- teeth. The delegate immediately clari- them for trial. That the United States ing and returning home to my own fied the mystery by announcing that historically has led the civilized world legal culture - a culture remarkably they always wanted to meet someone in encouraging and assisting develop- different in many respects from the from Iowa where we have these oddly ing nations to adopt and adhere to legal culture existing in many other restrictive rules on advertising. I the rule of law and that the ABA has parts of this country. quickly and proudly responded that I fully supported that effort and has Dang me for a traditionalist, but thought they were the most restrictive provided knowledgeable people to the more I get around, the happier I in the nation but they were still a lit- travel to, and assist those nations in am that I chose to practice law in tle too liberal for me. The delegate that process. That this resolution is Iowa. These meetings well serve to then said something like, “I’m from consistent with the founding princi- remind me of the comparative utopi- another state where just about any- ples of this nation and constitute an legal culture Iowa represents. thing goes; that lawyers there spend principles that our courts and our Four cases in point an enormous amount of money on profession are sworn to uphold; that AT AN EVENING RECEPTION advertising and that all the ads end our own government urges these where we get a chance to get acquaint- up looking about the same and there principles upon others and are actual- ed and discuss some events of the day is a constant battle to set yourself ly the centerpiece of their philosophy or anticipated events of tomorrow apart from others, so style and flair on the war on terror as they assert (albeit in the midst of a dazzling array rule, and that a good part of my prac- that terror is a product of lawlessness of food and beverages), I was visiting tice involves advising lawyers how far and it is in the interest of all nations with a delegate and another delegate they can go.” I wondered if the dele- gate wasn’t giving me a future glimpse of what the Iowa legal advertising landscape will look like in the not too distant future as I was immediately reminded that even at our fledgling stage here in Iowa, my own home- town yellow pages contained ads of seemingly equal content but seek to distinguish themselves by size, col- oration differences with visual imagery of scales, courthouses, and the like in the background.

continued on page 29...

28 March 2002 The House of Delegates revealed continued from page 28... AT THE SAME RECEPTION, donations. The two positions were ics all), it then proceeded to list the another delegate and I were intro- reconciled by amending the resolu- amount of fees charged by providers duced and the delegate informed me tion to first note that the ABA reaf- of financial services, accountants and that their term had expired and this firmed its support of merit selection, lawyers in one column. In the column was their last meeting. This individual but then provided if you are going to next to it, they listed the amount that expressed that they were leaving with have public elections, they should be that individual or entity had given to mixed feelings, but the best part was conducted in accordance with the the mayor. The ratio seemed to be that they would no longer have to go principles in the resolution. about five to one, exemplified by the home and prove to their firm the ON THE LAST MORNING, I was firm that gave $300,000 to the cam- “value” they brought to the firm by reading an article in a local paper. I paign and submitted a $1.5 million participating in the House of initially was disappointed to see how for services rendered. In terms of Delegates. Now that raises the bar on much more generous East Coast “value,” the newspaper seemed to the concept of networking! This lawyers appear to be compared to imply that these contributions begat episode clearly stood in stark contrast Iowa lawyers. The article listed a num- good value. to my experience here in Iowa where ber of firms that had given between On balance, it is all very interesting I have had the opportunity to see so $300,000 and $800,000 to the mayor and educational and while most of many lawyers voluntarily give so many in his campaign for office. But as I the people involved in the ABA that I hours and out-of-pocket expense to read the full article, I learned that the have become acquainted with are very participate in the work of numerous newspaper was taking the city to task. talented and give generously of their committees and sections and projects It pointed out that the mayor and city time primarily as a way of giving of this association which benefits council had promised the citizens something back and improving their lawyers and the public we serve, and that the new stadium they were build- profession, perhaps you can under- upon charitable, religious, and civic ing would not cost more than stand why I am often glad to get boards and commissions at home as a $340,000,000. But the article pointed home and be back among you. way of giving something back. out that that wasn’t true because that Next up for the annual meeting in DURING THE HOD MEETING, a was just the cost of construction and August is multijurisdictional practice resolution was proposed urging all the city had failed to take into of law. Preliminary previews suggest states which require selection of account the cost of various service the recommended solution may be cre- judges through public elections, to fees incurred in land acquisition, issu- ation of “safe harbors” or a differen- conduct said elections through public ing bonds, and so on, and that had tial analysis like you can be a little bit funding. I initially was surprised as I already totaled another $42,000,000. pregnant without really being pregnant. thought the ABA was on record in Newspapers being what they are (cyn- support of the proposition that all judges should be chosen through a merit selection process. The propo- nents explained the reason for the resolution was that there are many states where, either by constitutional provision or by state statute, selection of judges is required by public elec- tion and while many efforts have been made in the past decade that change that, they have been unsuc- cessful and it is unlikely they will be successful in the near future. Further, that in some states a race for position on the Supreme Court has run as high as $600,000, most of which is donated by lawyers, and some people think that can take on the appear- ance of impropriety. Therefore, since they are going to continue with pub- lic elections, it should be done by public funding and eradicate private

March 2002 29 Mark your calendars now for our 2002 CLE programs! This calendar will be updated as Section & Committee CLE programs are scheduled. 2002 CONTINUING LEGAL EDUCATION

Date Program Number of Hours Location State Federal Ethics

March 27-28 Criminal Law Seminar 10.75 4.25 2 West Des Moines, Marriott Hotel

April 5 Worker’s Compensation Seminar 6 - - West Des Moines, Marriott Hotel

May 2-3 Bridge the Gap Seminar 15 6.25 2 Des Moines, Downtown Marriott Hotel 6 Seabury & Smith Ethics Seminar 2 - 2 Sioux City, Convention Center 7 Seabury & Smith Ethics Seminar 2 - 2 Des Moines, Downtown Marriott Hotel 8 Seabury & Smith Ethics Seminar 2 - 2 Cedar Rapids, Sheraton Four Points Hotel 9 Seabury & Smith Ethics Seminar 2 - 2 Davenport, Blackhawk Hotel 10 Commercial & Bankruptcy Seminar Cedar Rapids, Sheraton Four Points Hotel 16-18 Bench/Bar Conference 8.5 - 2.25 Okoboji, The Inn Hotel & Conference Center 31 Government Practice Seminar West Des Moines, Marriott Hotel

June 19-21 Annual Meeting Des Moines, Downtown Marriott Hotel

July 15 General Practice CLE & Golf 1 - 1 Harvester, Harvester Golf Club

August 9-10 YLD Summer Seminar Okoboji, The Inn Hotel & Conference Center

September Watch for new 30 Traveling Seminar Sioux City, Convention Center Supreme Court October Rules on Continuing 1 Traveling Seminar Council Bluffs, Harrah’s Hotel & Casino 2 Traveling SeminarLegal Education Mason City, Holiday Inn 3 Traveling Seminarwhich are effective Cedar Rapids, Sheraton Four Points Hotel 4 Traveling Seminar Bettendorf, Jumer’s Castle Lodge 7 Traveling SeminarJuly 1st this year! Des Moines, Embassy Suites

December 4-6 Tax School Des Moines, Downtown Marriott Hotel 13 Federal Practice Seminar Des Moines, Downtown Marriott Hotel

For information about any Iowa State Bar Association-sponsored event call 1-800-457-3729 or (515) 243-3179 or visit our website: www.iowabar.org Register online using VISA or MasterCard.

30 March 2002 An Important Message To All ISBA Members – Please respond to this request. Unless you opt out, your name will be included on our website in ISBA ATTORNEY ONLINE THE LATEST, FREE ISBA SERVICE FOR MEMBERS! AN IOWA ATTORNEY “BUSINESS CARD” LISTING FOR USE BY THE GENERAL PUBLIC LOOKING FOR A LAWYER

May 1st we will activate ISBA ATTORNEY ONLINE – a fully searchable database on our website – www.iowabar.org — and all ISBA members will be on it. Members must notify us if they do not want to be listed.

ISBA ATTORNEY ONLINE will be accessible by the general public and will include the names of attorneys, the names of their firms or employers, if available, with their office addresses, phone and facsimile numbers and their e-mail address- es. It is essential for you to be sure we have your latest information by completing the form on this page or by going to our website to submit current data online at www.iowabar.org Provided here is a form we are asking all members to complete to assure we have their latest data. It also allows mem- bers to opt out of this service. Please do not delay completing this form or going to the website to fill it out, especially if you do not want this “business card’ listing online. This is the first step toward the goal of making it easier for the public anywhere – in state or out – to locate a lawyer in Iowa. Now that the new advertising rules for attorneys are effective – as of February 15th – be sure to watch for information on our website on how you can expand your listing to include hyperlinks to your own websites, your photograph, areas of concentration as well as your education and honors and courses of specialization that resulted in certification. PLEASE, RETURN THIS FORM IN ANY CASE, PARTICULARLY IF YOU DO NOT WANT TO BE INCLUDED IN ISBA ATTORNEY ONLINE.

Please, complete and mail this form, or go to www.iowbar.org and complete it there.

ISBAATTORNEY ONLINE UPDATE Please, complete all items!

Name ______Member Number______Firm/Employer ______Street Address ______City ______County ______State______ZIP ______Phone - Work ______Facsimile ______E-mail Address ______I do NOT want to be listed in ISBA ATTORNEY ONLINE ( )

Mail to – Attorney Online, The Iowa State Bar Association 521 East Locust Street, Fl. 3, Des Moines, Iowa 50309-1939

March 2002 31