IOWAIOWATHETHE LAWYER LAWYERVVolumeolume 66 Number 6 June 2006 Marion Beatty takes leadership reins June 22 ALSO IN THIS ISSUE – Iowa team wins high school mock trial national championship – ISBA endorses new professional liability insurance broker – New attorneys join Iowa legal ranks – Arbitrating employment claims: Watch out for these traps – Improving access to justice THE IOWA LAWYER CONTENTS Volume 66 Number 6 June 2006 President’s Letter: Sail away – Salvo . 5 to justice – Toresdahl . 14 Published at 521 East Locust Marion Beatty takes leadership reins . 7 Amendments to articles of incorporation 15 Des Moines, Iowa 50309 Special welcome (photo) . 9 Ag law website available . 16 Steve Boeckman, Editor Iowa’s Valley High School wins College Mock Trial tournament 515-243-3179 national title . 10 – Hoffman-Simanek . 17 ISBA endorses new professional YLD President’s Letter – Preston . 18 liability broker . 11 Leadership Circle . 19 Bridge the Gap prize winners (photo) . 12 Transitions . 20 Law Day activity (photo) . 13 Annual Report to members . Centerspread THE IOWA STATE BAR ASSOCIATION Seventy eight new attorneys join ranks . 13 CLE calendar . 45 OFFICERS 2004-2005 Taking steps to improve access Watch out for these traps in President, J. C. Salvo employment law – Harty . 53 President-elect, Marion Beatty Vice President, Joel Greer Around the Bar Immediate Past President, Nicholas Critelli, Jr. Dinner honors Streits . 54 Executive Director, Dwight Dinkla Canadian Consulate pays a visit (photo) 55 Blink THE IOWA LAWYER On shutting it out – . 56 (ISSN 1052-5327) is published monthly by The Iowa State Classified Ads . 57 Bar Association, 521 East Locust, Des Moines, Iowa 50309. Subscription included in membership fee. Non-members, Lawyer by day, mountaineer $30 per year. Periodicals postage paid at Des Moines, Iowa. by night – Olson . 60 Postmaster: Send address changes to The Iowa Lawyer, 521 East Locust, Des Moines, IA 50309. The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave., ABOUT THE COVER Des Moines, IA 50322. Telephone (515) 270-0402. Art Director: Peggy Card Marion Beatty stands ready to take over the Classified Advertising reins as the 120th president of The Iowa Qualifying ISBA members – 2 months free; $75 thereafter Non-members – $110 for 100 words per insertion. State Bar Association on June 22. A Decorah See classified section for details. attorney in a six-person office, he has many For Display Advertising Rates Contact David R. Larson (515) 440-2810; or write: goals for his year as president. Learn more The Iowa Lawyer, c/o Larson Enterprises, 909 50th St., West Des Moines, IA 50265. about the man who adopted Decorah as his Communicating with The Iowa Lawyer online: home 29 years ago and is one of its most vocal Send your comments and Letters to the Editor to [email protected]. Please include your daytime phone cheerleaders beginning on page 7. number should we need to contact you with an answer or for verification. Executive Director Dwight Dinkla’s electronic mail address is [email protected]. Assistant Executive Director Harry Shipley’s address is [email protected]. Searching For an Open-and-Shut Case for Greater Productivity? Now Wahltek and Olympus have the verdict on digital dictation you’ve been waiting for. Contact us today to schedule a demonstration in your office. Bruce Fagerstrom • President - Wahltek 2711 Grand Avenue • Des Moines, IA 50312 515-309-3950 • 800-995-9245 [email protected] • www.wahltek.com The President’s Letter A year ago this month, I remember wondering how will I be able to find the time every month to prepare and timely Sail Away submit my thoughts and comments for publication under the banner of the President’s Letter in The Iowa Lawyer. And now I find myself, with some regret I might add, penning my final letter as your president. I have really enjoyed the opportunity to communicate with all of you each month and have been pleasantly surprised to have received so many comments and responses to my letters. They have really provided some interesting and engaging exchanges. It is hard to believe that this Bar association year is over for me. On June 21 I will pass on the gavel to Marion Beatty, your president for the next 12 months. I’m sure you will find as I have that Marion is a talented and hardworking lawyer, very eager and very capable of leading our professional association. It will be your joy to experience his energy and vision. I wish Marion, president-elect Joel Greer Trudy and J.C. Salvo dangle their feet in the warm waters of the Caribbean during a get-away- and vice-president-elect Dan Moore the from-it-all trip several years ago. He keeps the photo on his desk to remind him of how best; they have prepared well for their fortunate he is during times of stress. Iowa State Bar Association Board of Governors OFFICERS: DISTRICT 3B DISTRICT 7 J.C. Salvo, President, Patrick Murphy LeMars 712-546-8844 Gerald Denning Wilton 563-732-2666 Harlan 712-755-3141 Dan Moore Sioux City 712-252-0020 Robert Waterman Davenport 563-324-3246 Marion Beatty, President-Elect, Cynthia Moser Sioux City 712-255-8838 John Kies Maquoketa 563-652-3214 Decorah 563-382-4226 DISTRICT 4 DISTRICT 8A Joel Greer, Vice President, Charles L. Smith Council Bluffs 712-325-9000 Rick Lynch Bloomfield 641-664-1997 Marshalltown 641-752-5467 Alan Anderson Logan 712-644-2485 John Morrissey Fairfield 641-472-3144 Dwight Dinkla, Secretary, Des Moines 515-243-3179 DISTRICT 5A DISTRICT 8B John Powell Perry 515-465-4641 Roger Huddle Wapello 319-523-4221 Nick Critelli, Immediate Past President, Des Moines 515-243-3122 DISTRICT 5B IOWA JUDGES ASSOCIATION REPRESENTATIVE: Elisabeth Reynoldson Osceola 641-342-3423 Honorable Annette Scieszinski, DISTRICT 1A Immediate Past President I. J. A. William Werger Manchester 563-927-5920 DISTRICT 5C Dean Konrardy Dubuque 563-588-0547 Paul Tyler Des Moines 515-246-4513 EX-OFFICIO MEMBERS: Frank Carroll Des Moines 515-288-2500 James Carney (legislative counsel) DISTRICT 1B Sara Sersland Des Moines 515-283-3100 Des Moines, 515-282-6803 George Weilein Waterloo 319-233-6163 Mark Hanson Des Moines 515-288-6041 ABA DELEGATES: Timothy Sweet Reinbeck 319-345-6496 Jane Lorentzen Des Moines 515-244-0111 David L. Brown Des Moines 515-244-2141 DISTRICT 2A Elizabeth Kennedy Des Moines 515-246-0356 Jay Eaton Des Moines 515-832-6565 Philip Garland Garner 641-923-3792 Joseph Van Winkle Des Moines 515-243-1000 Diane Kutzko Cedar Rapids 319-365-9461 Thomas Lawler Parkersburg 319-346-2650 Michelle McGovern Des Moines 515-281-6620 YLD OFFICERS: DISTRICT 2B Susan Low Des Moines 515-283-4072 Matthew Preston, President, Steven Hendricks Fort Dodge 515-576-4127 Connie Diekema Des Moines 515-288-0145 Cedar Rapids 319-866-9277 William Lorenz Marshalltown 641-752-4271 DISTRICT 6 Jen Chase, President-Elect, Jim Robbins Boone 515-432-7114 Timothy McMeen Marengo 319-642-5521 Waterloo 319-234-2638 DISTRICT 3A James Craig Cedar Rapids 319-366-7331 Bridget Penick, Secretary, Randy Waagmeester Rock Rapids 712-472-3777 Marsha Bergan Iowa City 319-351-5193 Des Moines 515-246-4545 Marsha Beckelman Cedar Rapids 319-297-7515 Joseph Moreland, Immediate Past President, Christine Luzzie Iowa City 319-351-6570 Iowa City 319-337-9606 THE IOWA LAWYER June 2006 5 tasks. I thank them for their constant often under the radar and out of the clients and for our country. By fostering support and assistance. limelight. We all owe our Board of respect for the law and fighting to For me this has been an extremely Governors a debt of gratitude. maintain and improve the judicial system rewarding and enjoyable year. Sure it has Throughout this year, whenever and in which we believe, we do Justice for All. been quite hectic at times and often I wherever called upon, I was readily Finally, lest you think I forgot, I say wondered how I got into this deal. The provided without complaint, answers thank you to Trudy, my companion and most common questions I received after and assistance from your overworked and soul mate of over 37 years. Little could “are you nuts?” were: “how do you get it under-appreciated professional Bar staff. anyone have guessed, what with men all done?” or “do you have any practice We are extremely fortunate to have the landing on the moon, Mickey Mantle left?” or “aren’t you glad it’s about over?” services of Dwight, Harry, Mary(s), Steve, retiring, the Charles Mason family or “do you have any regrets?” In order, Brian, Christy, Jim, and all the talented committing mass murders, folks traipsing my answers are: probably, with help and folks who labor every day in your Bar around Woodstock, and awaiting my patience from my friends, a little, no, and office. I apologize for not publicly number in the Vietnam War draft lottery, a few. But without a doubt, it has been naming you all, but you know who you that the most memorable event of the my privilege and honor to be your are and I thank all of you for helping me year 1969 would be our wedding. But you president, to represent you at functions make it through the year. know to me it is. And to all of you who and meetings, to speak on your behalf, And of course special thanks is owed to bet it wouldn’t last a decade (because she and to have had the opportunity to meet the incomparable Jim Carney. He is truly would have surely thrown me out) it’s some many fine and dedicated members a talented, resourceful, invaluable asset time to pay up.