IA Lawyer _full magazine_.pdf - The Iowa State Bar Association

Document Sample
IA Lawyer _full magazine_.pdf - The Iowa State Bar Association Powered By Docstoc
					THE                       Volume 68 Number 11 November 2008

      After the flood –
 Two Cedar Rapids
attorneys talk about
   their rebuilding

             ALSO IN THIS ISSUE
             – Nearly 200 new lawyers join the Iowa bar
             – Board of Governors begins formulating
               2009 legislative agenda
             – What does your e-mail say about you?
             – Foundation board approves $50,000
               for flooded attorneys

Legal professionals know that growing a future begins now.
A good start is selecting the right resource for a retirement plan
for your firm. Your best option may be the cost-effective program
that was created by lawyers for lawyers, and run by experts.

ABA Retirement Funds has been providing tax qualified plans
for over 40 years. Today our program offers full service solutions
including plan administration, investment flexibility and advice.
Now we also offer our new Retirement Date Funds that regularly
rebalance the fund’s assets based on your selected target
retirement date. Plus, our program now accepts Roth 401(k)
contributions from profit sharing plans that currently offer a
401(k) feature. Isn’t it time to start growing your future with
the ABA Retirement Funds?

   LEARN HOW YOU CAN                                    Call an ABA Retirement Funds Consultant at
GROW YOUR 401(k) WISELY                                 1-877-947-2272

For a copy of the Prospectus with more complete information, including charges and expenses associated with the Program, or to speak
to a Program consultant, call 1-877-947-2272, or visit or write ABA Retirement Funds P.O. Box 5142 • Boston,
MA 02206-5142 • Be sure to read the Prospectus carefully before you invest or send money. The Program
is available through the Iowa State Bar Association as a member benefit. However, this does not constitute, and is in no way a
recommendation with respect to any security that is available through the Program. 10/08
            IOWA L AWYER                                            President’s Letter: Helping our                                                    E-mail tips: e-tone,
 Volume 68 Number 11 November 2008                                   brothers and sisters – Moore ................4                                      anonymity – Weresh ........................22
       Published at 625 East Court
         Des Moines, Iowa 50309                                     Flood victim stories:                                                              Statement of ownership ......................24
         Steve Boeckman, Editor                                       He lost most everything ......................7
              515-697-7869                                                                                                                             Doyle invested in Court
                                                                    Bar Foundation approves grant                                                       of Appeals (photo & caption) ............24
                                                                     for flooded attorneys ..........................9
                                                                                                                                                       Webinar on advertising
                                                                    Nearly 200 new attorneys join bar ..........10                                      your law practice ............................25
                                                                    BOG meeting: Governors begin                                                       Classified ads ..................................26
 THE IOWA STATE BAR ASSOCIATION                                      planning 2009 legislative agenda ........12
 OFFICERS 2008-2009                                                                                                                                    Flood victim stories: Water
                                                                    Upcoming CLE seminars ......................14                                       inside broke out windows ..................29
 President, Dan Moore
 President-Elect, Jane Lorentzen
                                                                    Transitions ......................................20                               Around the Bar
 Vice President, Frank Carroll
 Immediate Past President, Joel Greer                                                                                                                  Minorities not stigmatized
 Executive Director, Dwight Dinkla
                                                                    Kudos ............................................21
                                                                                                                                                        by affirmative action ........................25
 THE IOWA LAWYER                                                    Admission on Motion ..........................21                                   New center for treating substance
 (ISSN 1052-5327) is published monthly by The Iowa State
 Bar Association, 625 East Court, Des Moines, Iowa 50309.                                                                                               abuse opens in Iowa ........................29
 Subscription included in membership fee. Non-members,
                                                                             THE                       Volume 68 Number 11 November 2008

 $30 per year. Periodicals postage paid at Des Moines, Iowa.

 Postmaster: Send address changes to The Iowa Lawyer,
 625 East Court, Des Moines, IA 50309.
                                                                            IOWA LAWYER
 The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave.,                                                                                     ABOUT THE COVER
 Des Moines, IA 50322. Telephone (515) 270-0402.
 Art Director: Melissa Thompson
                                                                                   After the flood –                                             Cedar Rapids attorney Marty Hagge received
 Classified Advertising                                                     Two Cedar Rapids                                                   quite a shock — as did many of the city’s attor-
 Qualifying ISBA members – 2 months free; $75 thereafter                                                                                       neys — when he got a chance to view his office
 Non-members – $110 for 100 words per insertion.                           attorneys talk about                                                a week after the Cedar River crested. Flood
 See classified section for details.

 For Display Advertising Rates
                                                                              their rebuilding                                                 waters, which reached a height of nine feet on
 Contact David R. Larson (515) 440-2810; or write:
 The Iowa Lawyer, c/o Larson Enterprises, 909 50th St.,
                                                                                   efforts                                                     the first floor of the Nazette Marner LLP offices
 West Des Moines, IA 50265.
                                                                                                                                               in the First Corporate Center building, broke
 Communicating with The Iowa Lawyer online:
                                                                                                                                               through the windows when the water outside
 Send your comments and Letters to the Editor to                                                                                               receded, carrying with them many of the firm’s
                                                                                          ALSO IN THIS ISSUE Please include your daytime phone
 number should we need to contact you with an answer or for
                                                                                          – Nearly 200 new lawyers join the Iowa bar
                                                                                          – Board of Governors begins formulating
                                                                                                                                               belongings. Read the stories of two attorneys
                                                                                            2009 legislative agenda
 verification. Executive Director Dwight Dinkla’s electronic                              – What does your e-mail say about you?               whose practices were demolished by the June
                                                                                          – Foundation board approves $50,000
 mail address is Assistant Executive
 Director Harry Shipley’s address is
                                                                                            for flooded attorneys                              11 flood and their thoughts on what they’d
                                                                                                                                               do different on pages 7 and 29.

                                                         Iowa State Bar Association Board of Governors
OFFICERS:                                                           DISTRICT 3B                                                                       DISTRICT 7
 Dan Moore, President                                                Patrick Murphy   LeMars                                           712-546-8844    Alan Bohanan          Iowa City          319-351-5335
   Sioux City 712-252-0020                                           Barb Orzechowski Sioux City                                       712-252-1866    Jerry Van Scoy        Clinton            563-242-2827
 Jane Lorentzen, President-Elect                                     Cynthia Moser    Sioux City                                       712-255-8838    Robert Waterman       Davenport          563-324-3246
   Des Moines 515-244-0111                                          DISTRICT 4                                                                        DISTRICT 8A
 Frank Carroll, Vice President                                       Dean Jennings         Council Bluffs                              712-256-1400    Richard Gaumer        Ottumwa            641-682-7579
   Des Moines 515-288-2500                                           Alan Anderson         Logan                                       712-644-2485    John Morrissey        Fairfield          641-472-3144
 Dwight Dinkla, Secretary                                           DISTRICT 5A                                                                       DISTRICT 8B
   Des Moines 515-697-7867
                                                                     John Powell           Perry                                       515-465-4641    Artemio(Mio)Santiago Fort Madison        319-372-7774
 Joel Greer, Immediate Past President
   Marshalltown 641-752-5467                                        DISTRICT 5B                                                                       IOWA JUDGES ASSOCIATION REPRESENTATIVE:
                                                                     Arnold (Skip) Kenyon Creston                                      641-782-7007    Honorable Nancy Baumgartner
                                                                    DISTRICT 5C                                                                        Immediate Past President I.J.A.
 Brendan Quann                  Dubuque              563-557-8400
 William Werger                 Manchester           563-927-5920    Guy Cook              Des Moines      515-245-4300                               LEGISLATIVE COUNSEL:
                                                                     Connie Diekema        Des Moines      515-288-0145                                James Carney          Des Moines         515-282-6803
                                                                     Susan Ekstrom         Des Moines      515-243-6395                               ABA DELEGATES:
 David Roth                     Waterloo             319-233-6163
                                                                     Emily Gould Chafa     Des Moines      515-243-2980                                David L. Brown        Des Moines         515-244-2141
 Timothy Sweet                  Reinbeck             319-345-6496
                                                                                                           X1642                                       Alan Olson            Des Moines         515-271-9100
DISTRICT 2A                                                          Mark Godwin           Des Moines      515-283-4130                                Diane Kutzko          Cedar Rapids       319-365-9461
 Philip Garland                 Garner               641-923-3792    Mark Hansing          Des Moines      515-288-3667
 Karl Nelson                    Shell Rock           319-885-4346                                                                                     YLD OFFICERS:
                                                                     Alice Helle           Des Moines      515-242-2400
                                                                                                                                                       Matthew McDermott, President
DISTRICT 2B                                                          Edward Johnson        Des Moines      515-246-5835
                                                                                                                                                         Des Moines 515-283-4643
 Thomas Cahill                  Nevada               515-382-6571    Eric Turner           West Des Moines 515-245-9509
                                                                                                                                                       Jeana Goosmann, President-Elect
 Tito Trevino                   Fort Dodge           515-955-2266    Lu Ann White          Des Moines      515-244-0177
                                                                                                                                                         Sioux City 712-255-8838
 Lynn Wiese                     Iowa Falls           641-648-4261   DISTRICT 6                                                                         Eric Bidwell, Secretary
DISTRICT 3A                                                          Nancy Burk            Toledo                                      641-484-2394      Marshalltown 641-752-7757
 Joseph Feller                  Sibley               712-754-4654    Dean Einck            Cedar Rapids                                319-365-9461    Bridget Penick, Immediate Past President
 William Klinker                Primghar             712-957-5465    Robert Hatala         Cedar Rapids                                319-364-0171      Des Moines 515-246-4545
                                                                     Randall Rings         Cedar Rapids                                319-573-7627
                                                                     Leon Spies            Iowa City                                   319-337-4193
The President’s Letter – Dan Moore

Helping our brother and sister lawyers
   By the time you receive the November              drugs or alcohol, and more often by            If you know what to look for, the signs
issue of The Iowa Lawyer, the holidays, a            pressure of a heavy work load and the        warning of impairment are there. While it
stressful time for many, will be on top of us.       inability to separate it from our personal   may seem easy to pick up on warning signs
Most of us have been touched individually,           lives and obligations. We are presently      exhibited by colleagues, it is also important
or though family, relatives, friends and             observing problems of stress related         to know what to look for in yourself.
clients by stress-related illness, addictions        to the devastating floods and other
and depression.                                      weather-related disasters.                   Here is a list of the warning signs of
                                                        “We work in an outstanding and            impairment in a colleague:
  I wish to shed light on the programs we            stressful profession. We need to be
have available to assist lawyers suffering           respectful and helpful to each other         Absenteeism.
from stress, which is likely to manifest itself      and, in fact, to be our brother’s and          • Unexplained or repeated absences
as depression, substance abuse or addiction.         sister’s keepers in that sense.                  or tardiness for court appearances,
                                                        “Our large committee of dedicated             depositions, etc.
   The Lawyers Helping Lawyers Committee                                                            • Peculiar or improbable excuses
                                                     lawyers known as ‘Lawyers Helping
of the ISBA is charged with the responsibili-                                                         for absences.
                                                     Lawyers’ stands ready to help our broth-
ty of providing guidance and assistance to
                                                     ers and sisters in the profession, whose     Confusion or difficulty in concentration.
members of the legal profession and their
                                                     lives are bothered by addictions and by        • Difficulty in recalling instructions,
families who encounter problems related
                                                     debilitating stress and stressful episodes       details, etc.
to drug, alcohol, or other chemical
                                                     regardless of the reasons behind it.”          • Increasing difficulty in handling
dependency or abuse.
                                                                                                      complex assignments.
                                                    As a bar leader, I have access to the ABA
    Chair Dick Schlegel observes:                                                                   • Difficulty in recalling own mistakes.
                                                  Bar Leader Toolkit which contains articles
       “We are often saddened by stories                                                            • Work requires more effort than
                                                  we can use, in whole or in part, from time
     involving one of our brother or sister                                                           it should.
                                                  to time. In the April Toolkit, which focuses
     lawyers, who has had a life-altering
                                                  on work-life balance, there is an excellent     Spasmodic work patterns.
     experience, due to stress in his or her
                                                  article addressing the top warning signs of       • Alternate periods of high and low
     practice. Oftentimes, but certainly not
                                                  impairment in a colleague.                          productivity.
     always, those episodes are triggered by
     other problems, such as addictions to                                                        Generally lowered job efficiency.
                                                                                                     • Missed deadlines.
                                                                                                     • Mistakes due to inattention or
                                                                                                       poor judgment.
                                                                                                     • Making bad decisions.
                                                                                                     • Complaints from clients.
                                                                                                     • Improbable excuses for poor
                                                                                                     Poor interpersonal relationships.
                                                                                                     • Overreaction to real or imagined
                                                                                                     • Wide swings in morale or mood.
                                                                                                     • Unreasonable resentments or hostility.
                                                                                                     • Excessive suspicion.
                                                                                                     Physical problems/symptoms.
                                                                                                     • Complaints of fatigue.
                                                                                                     • Back pains or other vague medical
                                                                                                     • Complaints of stomach problems
                                                                                                       or nausea.
                                                                                                     • Repeated hospitalizations and/or
                                                                                                     • Observable physical signs such
                                                                                                       as bleary eyes, wobbliness, shakes,
                                                                                                       flushed face, widely dilated or
                                                                                                       tightly constricted pupils, blood-
4    THE
           IOWA LAWYER November 2008
  shot eyes, staggering, blank
  look/expressionless, stand-
  ing or sitting immobile (as
  if in a trance), hand or
  leg tremors, downcast or
  disheveled appearance,
  slurred speech, lethargy,
  anxiety, panic reaction,
  facial tic, excessive talking,
  disoriented thoughts
  (“word salad”), silence.

Financial or legal problems.
  • DUI’s.
  • Client complaints such as
    failure to communicate or
    return telephone calls,
    failure to appear at hear-     Dan talks with Kermit Dahlen, president and CEO of Jackson Recovery Centers, Inc., in the centers’ conference room. He has
                                   been a member of the auxiliary for years, and joined the board four years ago. As a member of the auxiliary, he mentors boys
    ings or depositions, or        going through the rehabilitation program.
    missing statute of limita-
    tions, dates.
  • Trust account violations
    or misappropriation of                       Did you know?                                            depression or other stresses affecting their
    client funds.                                  • Addiction affects every aspect of                    ability to practice law. Our program uses
  • Appearing in court or                            one’s life.                                          attorneys who share similar experiences,
    elsewhere in an obviously                      • Lawyers are twice as likely as the                   and is completely confidential.
    abnormal condition.                              general population to develop                           ILAP is not affiliated with or attached to
                                                     problems with substance abuse                        any other organization, nor is it affiliated
Here is a list of questions to help you              and other addictive disorders.
assess your own impairment:                        • People struggling with addictions are
                                                     incapable of connecting the drug use
Within the past 12 months, have you:                 and the unmanageability in their lives.
 • Tried to control or stop drinking or            • Family members, friends and col-
    using?                                           leagues know there is an addiction
 • Needed more to achieve the same                   problem way before the addict knows.
    high, or gotten less effect from the           • Addiction is a treatable disease.
    same amount?
                                                    As with any medical illness, education and
 • Experienced withdrawal symptoms
                                                 prevention can save lives. The earlier that
    or continued to use despite having
                                                 you help a colleague or yourself identify
    problems stemming from drug use?
                                                 signs and symptoms, the sooner appropriate
 • Driven a vehicle or operated                  measures can be applied to help.
    machinery under the influence
    of drugs or alcohol?                           In addition to the ISBA Lawyers
 • Experienced a blackout?                       Helping Lawyers Committee chaired by
Is alcohol or drug use:                          Judge Dick Schlegel, we have available to
   • Your primary method to relieve stress?      us the Iowa Lawyers Assistance Program
   • Interfering with work? Are you missing      (ILAP) headed by Hugh Grady. Here is
     appointments, court dates?                  Hugh’s contact information:
   • Causing decreased ambition or                 Hugh Grady, Director
     efficiency?                                   (515) 277-3817
   • Disrupting personal relationships?            (800) 243-1533
                                                   (515) 360-1011 - Cell
   Addiction is a chronic, progressive             (515) 255-5720 - Fax
disease of the brain. It can significantly
alter areas of the brain which are crucial         ILAP’s website:
to decision making. The stigma is not in           The ILAP Mission Statement is to: assist
having an addiction problem but in failing       lawyers, law students and their families who
to get appropriate help.                         are suffering from alcoholism, drug abuse,
                                                                                                                      IOWA LAWYER November 2008 5
with the disciplinary process.
  Judge Schlegel points out:
       “Often the lawyer suffering these
    maladies does not recognize the rea-
    sons or objects of his or her affliction.
    It is up to those of us who observe
    problems in our friends to let our
    concerns initiate help for our suffer-
    ing professional companions. We can
    render that help by making a confi-
    dential report to our highly qualified
    director and counselor, Hugh Grady.
    Hugh is highly trained in this area
    and handles such cases in complete
    confidentiality. Hugh is able to ren-
    der assistance to the lawyer experi-
    encing stress, as well as problems aris-
    ing from addictions.”

  Together we can face these challenges.
Let’s implement these life-giving programs
and reclaim relationships.                      Dan and Kermit stand at the entrance to the facility. For years, Dan has been actively involved with the organiza-
                                                tion, which provides rehabilitation for alcohol and drug addictions for young men and women. He joined the board
                                                of directors four years ago.
    Judge Schlegel advises:
       “In the upcoming holiday season,
     approaching the year?s end, with all its          sometimes overpowering stress we all                    Thank you for giving me the opportu-
     deadlines and additional stresses, be             occasionally experience. In this great                nity to serve as your 122nd President.
     especially vigilant of your companions            season, we all need to practice con-
     in this profession, and be prepared to            cern for each other.”
     help those who need to overcome the



6    THE
           IOWA LAWYER November 2008
Flood victim stories —
He lost most everything, but the world is looking
brighter these days
   Mike Lahammer and his associates —            appointed crimi-
two other solo practitioners who were            nal work where
sharing office space that one of the associ-     you don’t sub-
ates owned — thought they had done               mit time sheets
everything right by the time they were           until the end,
told to evacuate their offices the after-        he says. He had
noon of June 11.                                 more than 100
   They had sandbagged the perimeter             hours on some
of the building on Cedar Rapid’s Third           of the cases that
Avenue SE, a block and a half from the           he needed to
Cedar River. The sandbags created a wall         be paid for. At
two feet high. They had wrapped plastic          the time of the
around the sandbags as advised. They had         flood, he esti-
duct-taped the doors to try to seal them         mates he had
from water coming in.                            70 active files.
   They also had lifted everything that was         One of the
on the floor onto desks and chairs. They         biggest losses
had emptied out the bottom drawers of file       were the 10
                                                                       Workmen, standing amid broken glass, begin preparing the windows for new panes
cabinets. When they turned out the lights        different
                                                                       on the First Corporate Center building, which houses the Nazette Marner LLP law
and left that Wednesday afternoon, they          timesheets he         firm. The firm lost many of its possessions when water inside broke the windows
fully expected that maybe they’d get a few       had from his          to get out. (Photo by Jim Craig.)
inches of water — maybe up to a foot —           court-appointed
from seepage into the one-story building.        work with the Postville immigration raid.               “years and years of research” that he had
   What they weren’t prepared for was the        He lost all of those.                                   saved, and the motions that he had done
curve ball the river threw at them; nine feet       Most of the time sheets, client contacts,            in the past. Those had simplified his life
of water ended up coursing through the           etc., were also preserved on paper — if                 because he was able to draw on them
building wreaking havoc on everything.           you can call them “preserved” when cov-                 when crafting new motions and filings.
   “Nobody could see nine feet of water,”        ered with sludge and sewage. The really                    “I get the sense sometimes that I’m
Mike says. “The water was amazingly strong.      big loss from the computers were the                    running in mud because I have to re-invent
It was like a tornado hit inside my office.”
   What he found when he and his associ-
ates were finally allowed back into the                         Tired of “guessing” at the
building one week later was total chaos.
The antique desk his wife had given him                            value of your cases?
when he started in private practice and                                    try ...
moved into the building in 2002 was
upside down, a couple of its legs complete-
ly broken off. There were six inches of
sludge and sewage over everything. He
helped his associate, the owner of the
building, carry the associate’s two grand-
father clocks to the curb. Desks, tables,                       • Tailored for your needs
chairs and any other kind of furniture                            (simple to complex)                               Robert E. Tucker
took their places beside the clocks.                                                                                     Ph.D, J.D.
   Mike took his computers home, removed                        • Obtain focus-jurors names
the hard drives and took them to what he                          from trial venue jury lists                    Trial Attorney & Consultant
called a “dirty lab” in Cedar Rapids, then to                                                                     2400 86th Street, Suite 35
a “clean lab” in Wisconsin. The labs could-                     • Can test and evaluate for                        Des Moines, IA 50322
n’t recover the information on the drives.                        trial strategies & tactics                         (515) 276-8282
They had sat in water too long, he says.
   Gone were his time sheets, his client                        • Yields real-world results                          (800) 276-5076
contacts, his appointment letters. About 60                       (no more guesswork)                  
percent of his practice is state- and federal-
                                                                                                                 IOWA LAWYER November 2008 7
the wheel every time
I want to do some-
thing,” he says.
“Something as sim-
ple as filing for a
work permit for a
client takes more
time and effort
than it did before
the flood.”
   Fortunately, Mike
has been able to
“borrow” some of
the information
from fellow attor-
neys who still had
their files intact.
   The 15-year-veter-
an lawyer estimates
that he has recov-
ered about 70 per-
cent of his files. The
rest were too far
gone. He and his
daughters pulled as
many hardcopy
records as they
could from his file        These are the remnants of Dave Marners’ office after flood waters broke through the windows. Water reached a depth of nine feet — eight
drawers and laid           inches from the ceiling tiles — at the height of the flood. Water outside receded at about 18 inches per hour, creating tremendous pressure
                           on the walls and windows inside and causing the glass panes to give way. (Photo by Jim Craig.)
them out on plastic.
Then he took them
to a local Kinkos copy shop to be copied.                end, he decided to cover the loss with his               financials,” he stresses. His new philosophy
   “The guy at Kinkos got to the point                   own savings.                                             is to back up anything that would make his
where he hated to see me come in,” he                       Some good came out of the flood, Mike                 life easier if he only has to recover rather
laughs. “It took a little longer than a week             says. When he moved from the flooded                     than reconstruct.
to copy everything.” The cost was approxi-               location to his new office on the eighth                    Presently he is backing up everything on
mately $600.                                             floor of the Dows Building, “everything fit              DVDs, CDs and thumb drives. However, he
   In total, Mike estimates that he lost                 into my car. This definitely cured me of                 believes he probably will move to an offsite
about $20,000. He checked into borrow-                   being a pack rat.” he laughs.                            backup program soon.
ing money to cover the losses. He found                     He also learned the value of backing                     “Backup is the main thing,” he stresses,
out, though, that he only qualified for                  up everything — not just his financial                   “because you never know what could
the Small Business Administration’s four                 records.                                                 happen.”
percent loan if he didn’t qualify for a                     “Backup, backup, backup — your Word
                                                                                                                           (See additional story and photos
loan from a commercial bank. In the                      documents and databases as well as your
                                                                                                                                 starting on page 29)

             Business Valuations and Litigation Support

                                            1707 High Street
                                            Des Moines, Iowa 50309
                                            Fax 515-282-0325
                                            w w w. b c c a d v i s e r s . c o m   Alan D. Ryerson Gregory L. Weber James D. Nalley
                                                                                    CPA /ABV, ASA             CPA /ABV, ASA              CPA /ABV, CVA

8   THE
          IOWA LAWYER November 2008
Bar Foundation approves giving $50,000 grant
to fund for attorneys victimized by disasters
   Directors of The Iowa State Bar                  The task force has created an applica-         recent recipients of its grants and on
Foundation approved at their Sept. 21            tion that victims can fill out to apply for       its life fellows.
quarterly meeting a $50,000 grant to the         the monies. The form asks them to delin-      •   Exploring partnerships with other foun-
Legal Community Assistance Fund to help          eate their hard-cost losses not covered by        dations in other disciplines, especially
attorneys hardest hit by the natural disas-      insurance.                                        when those foundations have similar
ters earlier this summer.                           In other action, the foundation board          goals or where there are mutual benefits.
   They also brainstormed ideas for grow-        directors approved Bob Reynoldson as a        •   Involving the ISBA’s Young Lawyers
ing the foundation and making members            new fellow. As a fellow, he agrees to con-        Division in some manner — perhaps
more aware of its role during a retreat          tribute $125 each year for eight years to         creating a format whereby they can
prior to the meeting.                            the foundation.                                   become fellows at a reduced rate.
   After a short discussion, the foundation         They also approved setting up an ongo-     •   Promoting a cooperative arrangement
board approved the request from ISBA             ing fund that can be used to assist attor-        between the foundation and individual
President Dan Moore to provide $50,000           neys affected by disasters in the future.         lawyers for paid-up insurance, with the
to the assistance fund set up by the ISBA’s         In the retreat portion of the meeting,         foundation as the beneficiary.
Disaster Assistance Task Force. The money        discussion centered around the need to        •   Raising the profile of the recipients
will be pooled with $25,000 provided by          raise awareness of the foundation’s role          who receive grants.
the ISBA and approximately $30,000 con-          in the legal community and its accom-         •   Working with the Probate and Trust Law
tributed from individuals in Iowa and out        plishments. Several suggestions were
                                                                                                   Section to provide free or reduced-cost
of state. It will be distributed to the attor-   offered including:
                                                                                                   services to attorneys willing to include
neys and firms wiped out by the tornadoes        • Publishing articles in the Iowa Lawyer
                                                                                                   memorial gifts as part of their wills.
and floods in late May and June.                    on the history of the foundation, on

                                                                                                            IOWA LAWYER November 2008 9
Nearly 200 new attorneys admitted to Iowa bar
in September swearing-in ceremony
   A total of 192 new attorneys      cent passed. Ten individuals       Trevor Fitzgerald, Omaha, Neb.        Melissa Hille, Urbandale
were admitted to the practice        took the exam for the second       Deborah Frison, Omaha, Neb.           Amanda James, Pleasant Hill
of law in Iowa during a swear-       or subsequent times. Four (40      Jennifer Germaine, Omaha, Neb.        Margaret Jennings, St Paul, Minn.
ing-in ceremony Sept. 19 at          percent) of those individuals      Kevin Gleason, Omaha, Neb.            Andrea Jensen, Beldenville, Wis.
Hoyt Sherman Place in Des            passed it.                         Sara Gude, Omaha, Neb.                Amber Juffer, West Des Moines
                                                                        Tyler Hiipakka, Omaha, Neb.           Jordan Kaplan, Davenport
Moines.                                 Following are the individuals
                                                                        Kent Lewis, Coralville                Karen Karr, Iowa City
   They represent 87 percent         who were admitted in September
                                                                        April Lucas, Omaha, Neb.              Kristi Kielhorn, Grimes
of those who successfully pas-       listed by law school:                                                    Amy Kotwani, St Joseph, Mo.
                                                                        Ann Miller, Johnston
sed the bar exam administered        Arizona State University                                                 Jacob Lofgren, Sioux City
                                                                        Jeanne Neumann Glasford,
in July.                             Amanda Trejo, Bettendorf                                                 Eric Long, Davenport
                                                                        Omaha, Neb.
   Drake University had the          Ave Maria School of Law            Claire Osborne, Omaha, Neb.           Sarah Maxwell, Des Moines
most graduates (66) admitted.        Thomas Pearce, Des Moines          Kristina Pfeifer, Omaha, Neb.         Jennifer McCarville,
The University of Iowa was next                                         Michael Sands, Omaha, Neb.            West Des Moines
                                     Boston University
with 49 graduates. Creighton                                            Cagney Shattuck, Eagan, Minn.         Patrick McElyea, Williamsburg
                                     Laura Hutchings, Boulder, Colo.
University in Omaha came                                                Egbemimo Sokpoh, Omaha, Neb.          Benjamin Merrill, Burlington
                                     Chicago-Kent                                                             Dustin Miller, Des Moines
in third with 24, and the            Nathan Bonnett, West Des Moines    Michael Spence, Omaha, Neb.
University of Nebraska was                                                                                    Victoria Nwasike, Des Moines
                                                                        Peter Washburn, Layton, Utah
                                     City University of New York                                              Stephanie Odlin, Des Moines
fourth with nine.                                                       David Wenzel, Cedar Rapids
                                     Melissa Lewis, Bayard                                                    Robert Peterson, Perry
   A total of 221 students took                                         Benjamin Weston, Cedar Rapids
                                     Creighton University                                                     Joanne Picray, Des Moines
the bar exam. Of those, 197                                             Drake University                      Nicholas Platt, Ankeny
(89 percent) passed.                 Paul Bartels, Omaha, Neb.
                                                                        Shannon Adams, Grundy Center          Brett Redenbaugh, Des Moines
                                     Justin Brewer, Orinda, Calif.
   Ninety five percent of those                                         Sean Bagniewski, Des Moines           Alissa Renfrow, West Des Moines
                                     Konni Cawiezell, Omaha, Neb.
taking the exam, took it for the                                        Benjamin Barlow, Ankeny               Bridget Rhodes, Ames
                                     Andrew Collins, Omaha, Neb.
first time. Of that total, 91 per-                                      William Bushell, Urbandale            Daniel Rockhold, West Des Moines
                                     Jodee Dietzenbach, Omaha, Neb.
                                                                        John Capps, Des Moines                Daniel Saar, Des Moines
                                                                                           Laura Chipman,     Whitney Saxe, Rio, Wis.
                                                                                           West Des Moines    Kayla Schmidt, Des Moines
                                                                                           Benjamin Clark,    Robert Sexton, West Des Moines
                                                                                           Des Moines         Sigmeth Roberts, Clarion
                                                                                           Aimee Clayton,     Stephen Skram, LaPorte City
                                                                                           Des Moines         Carly Smith, Knoxville
                                                                                           Sydney Conrad-     Kyle Sounhein, Des Moines
                                                                                           Cook, Clive        Bradley Strouse, Cedar Falls
                                                                                           Nicole Cooper,     Joshua Swaim, Waukee
                                                                                           West Des Moines    Curtis Swain, Waukee
                                                                                           Stephanie Cox,     Elias Swanson, Clive
                                                                                           West Des Moines    Nathaniel Tagtow, Des Moines
                                                                                           Joseph Crisp,      Christopher Talcott, Des Moines
                                                                                           West Des Moines    Beth Tigges, Des Moines
                                                                                           C. Crnic, III,     William Tinker, Audubon
                                                                                           Des Moines         Elizabeth Varnon, West Des Moines
                                                                                           Jamie Deremiah,    Jean Venaglia, Bettendorf
                                                                                           Des Moines         Julia Vyskocil, New Virginia
                                                                                           Annie Fox,         Jason Yates, Pierre, S.D.
                                                                                           Coralville         Franklin Pierce Law Center
                                                                                           Britt Gagne,       Jason Sytsma, North Liberty
                                                                                                              Hamline University
                                                                                           Ross Gibson,
                                                                                                              Colista Schmitt, Durango
                                                                                           Justin Gross,      Hamline University
                                                                                           Des Moines         Adam Ullrich, Deloit
                                                                                           Christine          Ryan Visser, Orange City
                                                                                           Halbrook,          Harvard University
                                                                                           Johnston           Peter Moyers, Iowa City
                                                                                           Kyle Hanson,       John Marshall Law School
                                                                                           Urbandale          Matthew Noel, Dubuque
                                                                                           Kristin Herrera,
                                                                                           Des Moines         Lewis & Clark Law School
                                                                                                              Steven Wehling, Clinton
10   THE
           IOWA LAWYER November 2008
Liberty University                  Matthew Van Maasdam, Iowa City    Michael Moran, Omaha, Neb.              Valparaiso University
Joshua Widman, Sergeant Bluff       Jeffrey Ward, Iowa City           Joshua Norton, Omaha, Neb.              Bradley Thies, Des Moines
Michigan State University           Ryan Weber, Davenport             Patricia Schneider, Blair, Neb.         Vermont Law School
Leah Johnson, Fremont, Mich.        Elena Wolford, Hiawatha           Jessica Tok, Lincoln, Neb.              Jeremy Hoff, Montpelier, VT
Frederick Sharp, Ankeny             James Wozniak, North Liberty      University of South Dakota
                                    Adam Zenor, Cedar Rapids                                                  Washburn University
New York University                                                   Eric Kerkvliet, Hartford, S.D.          Lara Farley, Grundy Center
Amy Dona, Des Moines                University of Kansas              Athena Ladeas, Sioux City               Jason Farley, Stilwell, KS
                                    Melissa Hasso, West Des Moines    Heidi Oligmueller, Jackson, Neb.        Megan Fluharty, Topeka, KS
Northwestern University
                                    University of Missouri            Steele Welcher, Sioux City              Nathan Runde, Dubuque
Richard Kirkendall, Dubuque
                                    Mary Kottmeyer, West Des Moines   David Wierman, Vermillion, S.D.         Shawn Showers, Topeka, KS
Oklahoma City University            Patrick McMullen, Marshalltown    University of Southern Illinois         William Mitchell College of Law
Lynsey Blackledge,
                                    University of Nebraska            Robert Rosenstiel, Rock Island, Ill.    Angela Haen, Ames
Oklahoma City, Okla.
                                    Jennifer Coe, Omaha, Neb.         University of Washington                Deone Merkel, Dubuque
St. Louis University                Torri Criger, Omaha, Neb.         Vidhya Reddy, Des Moines                Adam Sauer, Lake Mills
Chad Marzen, Dougherty              Joshua Diveley, Walker
                                                                      University of Wisconsin                 Daniel Tungesvik, Boone
Julie Tomka, Carroll                Kari Frye, Omaha, Neb.
                                                                      Julia Kim, Urbandale
University of California-Hastings   Daniel Hill, LaVista, Neb.
Barbara Smith, Johnston
University of Indiana
Alexander Kornya,
Bloomington, Ind.
University of Iowa
Rachel Antonuccio, Iowa City
Kirsten Arnold, Cedar Falls
Janet Benton, Minnetonka, Minn.
Erik Bergeland, West Des Moines
Rebecca Bowman, Monticello
Eddie Broders, Stockton
Rachel Bubb, Iowa City
Kara Christensen, Des Moines
Erica Clark, Iowa City
Sara Davenport, Clearfield
Theresa Dvorak, Williamsburg
Louis Ebinger, Iowa City
Heidi Einsweiler, Hudson
Ashley Emick, Humboldt
David Franker, North Liberty
Jonathan Gallagher,
West Des Moines
Nate Green, Iowa City
Frances Haas, Iowa City
Luke Hannan, Clive
Nicholas Herbold, Sioux City
Ryan Howell, Iowa City
Samuel Jones, Iowa City
Casey Keppler, Fort Dodge
Matthew Kishinami, Iowa City
Karen Kothari, Chicago, Ill.
Samuel Langholz, Ankeny
Jacob Larson, Des Moines
Carl Lasley, Waterloo
Andrew Lemmenes, Iowa City
Brian Metcalf, Mucatine
Jill Polson, Clive
Crystal Raiber, Iowa City
Michelle Rodemyer, Johnston
Nicole Rognes, Lake Mills
Amanda Rutherford, Iowa City
Karlton Schmidt, Des Moines
Maria Sears, Marion
Andrea Shafer, Fairfield
Miles Shultz, Iowa City
Amanda Stahle, Iowa City
Kristen Stoll, North Liberty
Adam Tarr, Iowa City
Bethany Tatman, Davenport
                                                                                                          IOWA LAWYER November 2008 11
BOG quarterly meeting –
Governors discuss operational survey recommendations, begin
formulating 2009 legislative agenda in Sioux City
   A discussion of the recommendations           join. One sug-
from the ABA operational survey, approval        gestion is to
of several legislative proposals and action on   apply the extra
several other items occupied The Iowa State      $100 that non-
Bar Association Board of Governors during        members pay
their quarterly meeting in Sioux City on         to attend ISBA-
Sept. 22.                                        sponsored
   Board members spent the morning dis-          CLE programs
secting a number of the recommendations          toward mem-
from the operational survey conducted by a       bership if the
team from the ABA during the summer and          nonmember
fall of 2007. The results were presented to      is receptive
the board in December 2007. Among the            to the idea.
areas covered were governance, member-              In the
ship, and finance and administration.            finance and
   Governors discussed the programs and          administration
services offered by the ISBA. Part of the dis-   area, the dis-      ISBA President-elect Jane Lorentzen chats with Carol Reasoner, the first and only woman
cussion involved how to evaluate programs,       cussion cen-        president of the association to this date (1991-92), during a board of governors dinner at
not only from a financial standpoint, but        tered primarily the Orpheum Theater in Sioux City. The dinner capped the day-long quarterly BOG meeting.
also from an effectiveness and value to          on a cash
members. One governor asked if there was         reserve policy.                                           and Title Law, and Probate and Trust Law
some place where governors could access all      Assistant Executive Director Harry Shipley                sections. Among the changes were:
of the programs. “We hear bits and pieces,       told the governors that the association                   • An amendment to Iowa code section
but don’t see the whole picture,” he said.       maintains a five-to-six-month cash reserve,                 446.16 that restricts, or further defines,
   “We will try to get a list pulled together    and has always had a standard reserve poli-                 who is authorized to bid at a tax sale,
by the December meeting,” said Jennifer          cy. That policy may need to be adjusted                     or to own any tax sale certificate by
WendtGeisler, chair of the ISBA’s Ways           because the association now owns                            purchase or assignment.
and Means Committee.                             a building.                                               • A change to Iowa code section 447.8
   It became obvious from the recommenda-           The cash reserve issue is part of the                    that would clear up the judicial proce-
tions provided by the ABA operational sur-       overall review that the Ways and Means                      dures applicable to a lawsuit brought
vey team and the discussion by governors         Committee is conducting on the bar’s                        to challenge a tax deed.
that the board should spend more time dis-       budget, WendtGeisler noted.                               • Revision of Iowa Code Chapter 572 to
cussing issues. The question is how to find         The governors touched briefly on recom-                  require all contractors and material
the time. As one board member pointed            mendations for committees and sections.                     providers to give public notice of their
out, “we are dealing with priorities.”           Specifically they addressed the recommen-                   rights in order to perfect a mechanics
   Lobbying is one area where discussion by      dation that section and committee chairs                    lien. Such notice is to be posted to a
the board would be time well spent, the gov-     have more time to prepare for their leader-                 State Construction Registry as established
ernors were told. Currently, the ISBA’s lob-     ship positions before taking over in July of                in the proposal. These postings will pro-
bying effort — at least from the member          the new fiscal year. ISBA President-elect                   vide a publicly accessible record, which in
standpoint — is primarily reactive.              Jane Lorentzen said she would like to see                   turn will create more stability within the
   “Lobbyists would like more proactive          the chairs appointed by April 1.                            construction market.
action than reactive action,” said President        There was some discussion about encour- • Revision of the Uniform Unincorporated
Dan Moore. “A lot of situations come up,         aging sections and committees to elect their                Nonprofit Association Act (RUUNAA).
such as the disasters earlier in the summer,     own leadership, rather than having the pres-                This act authorizes unincorporated non-
that demand attention immediately.”              ident-elect appoint that leadership as                      profit associations to own real property.
   In the area of membership, the governors      is done presently. It was pointed out by                  • Updated amendments to the Probate
discussed briefly how to expand the mem-         some governors that several sections —                      Code, Trust Code, Small Estates Chapter
bership to more attorneys, such as corpo-        Taxation, Real Estate and Title Law, and                    and Uniform Principal and Income Act.
rate attorneys and government attorneys.         Probate and Trust Law — already have a
The board had addressed this issue at the        leadership succession plan in place.                        Two proposed legislative changes by the
June meeting and decided to refer it to the                                                              Criminal Law Section were deferred until
membership committee.                            Actions                                                 the board’s December meeting. The two
   The board also discussed ways of promot-        In the action portion of the meeting held             are related to electronic recording of
ing and capitalizing on the association’s        during the afternoon, the governors                     custodial interrogations and an amendment
highly valued member services to boost           approved several suggested legislative                  to Iowa code section 13 B.4 (2) related to
retention and encourage nonmembers to            changes from the Business Law, Real Estate              indigent defense appointments.
12   THE
           IOWA LAWYER November 2008
  In other action the board approved:            • Changes in the judicial nominating            indicates that its principals have filed incor-
• A $25,000 contribution to the Legal              commissions.                                  poration papers in at least two other states
  Community Relief Fund established by           • Changes to the Iowa bar exam.                 as well. At this point, it does not appear to
  the ISBA’s Disaster Assistance Task Force.                                                     present a problem, he said.
  This money will be added to the $50,000        YLD President
  from the Iowa State Bar Foundation and            McDermott updated the governors              President
  the $30,000-plus from individuals and          on activities the YLD has been involved            Moore told the governors that the ISBA
  out-of-state bar associations to provide       in. YLD has staffed the Disaster Legal          is “absolutely not neutral” on the changes
  grants to attorneys suffering catastrophic     Assistance Hotline, which was set up in         to the bar exam despite an impression to
  losses from the tornadoes and floods           late May, four days after the tornado hit       that effect contained in a Des Moines
  earlier this summer.                           Parkersburg. The hotline will continue to       Register article. “We’re opposed to the
• The results of the 2008 plebiscite provid-     operate as long as there is a need for legal    changes,” he said.
  ing evaluations of the 60 judges and           assistance from Iowans victimized by the           He appealed to BOG members to follow
  Supreme Court justices standing for            floods and tornadoes.                           up with the committee and section chairs
  retention in the Nov 4 election. After            As YLD president, he sent a letter to        to whom they were assigned as liaisons,
  review by the judges, the plebiscite results   Iowa Supreme Court Chief Justice Marsha         then report the results of those calls back
  will be posted on the ISBA website and         Ternus expressing YLD members’ concerns         to him, Dinkla and to the Scope and
  published in the Iowa lawyer.                  about the new format of the semi-annual         Correlations Committee.
  A new name — “Judicial Performance             bar exam. One concern is that prices for           He also updated the governors on the
and Retention Survey” — has been recom-          bar exam review materials and courses from      status of negotiations with the Iowa County
mended by the six-member Plebiscite              outside suppliers may double or triple once     Attorneys Association regarding that organi-
Committee. President Moore will contact          the Iowa State Bar Review Committee is no       zation’s purchase request for the ISBA-pro-
the Iowa Judges Association and ask for          longer involved.                                duced Uniform Jury Instructions. At its
their input.                                        The YLD has been asked if it would           June meeting, the board had approved sell-
• Authority for the ISBA president to nego-      help provide a CLE-credit course for new        ing an electronic version of the instructions
  tiate an acceptable fee that county attor-     lawyers admitted to the bar in Iowa. The        to county attorneys for $29 per attorney.
  ney offices will pay for the Uniform Jury      required course is being proposed as a             That offer has been rejected by the ICAA.
  Instructions produced by the ISBA.             way of educating new lawyers on Iowa law        Moore told the governors that he has
  Negotiations have been taking place            since the bar exam will no longer contain       offered to sell the electronic version of the
  between the ISBA and the Iowa County           Iowa-law-specific essay questions.              instructions on a sliding scale based on the
  Attorneys Association for several years.                                                       number of attorneys in the office. The base
                                                 Executive Director                              rate would be $36 per office for offices with
Reports                                             Dinkla told the governors that two state     one to five attorneys, $78 for offices with six
  In the reports section of the meeting,         bar associations — Florida and Kansas —         to 10 attorneys, etc. At this rate, the largest
governors heard from Legislative Counsel         have asked the ISBA how they handle leg-        county attorney office in the state — Polk
Jenny Tyler, YLD President Matt                  islation and LawPAC so successfully. The        County — would pay $250, he said.
McDermott, Executive Director Dwight             inquiries were prompted by items they read         He said, too, that he has asked the Jury
Dinkla and President Moore.                      in Moore’s president’s letter. Florida wanted   Instructions Committee to examine the rea-
                                                 to know how the ISBA handles legislation.       sonable doubt section of the instructions to
Legislative                                      Kansas wanted to know how the ISBA              make sure it complies with current law, and
   Tyler updated the governors on what is        handles LawPAC.                                 to study the history of the reasonable doubt
happening in the legislative arena. There           Dinkla alerted the governors to an           instruction. The reasonable doubt compo-
are 14 incumbent lawyer-legislators, she         organization calling itself the Iowa Bar        nent is in the discussion process now. “We
said. Of those, two are in the Senate.           Association that was recently incorporated      need to get to the substance,” he said.
There are three new lawyer candidates            in Iowa. A check into the organization
vying for seats in the Iowa House. Nate
Willems and Erick Helland are expected
to win their races. Chris Hagenow is in a
close race for a seat in House District 59.
   Thus far, Iowa LawPAC has disbursed
$86,500 — $64,000 in the House and
$22,500 in the Senate — to support legisla-
tive candidates, she told the governors. In
order to qualify for LawPAC assistance, can-
didates must get favorable opinions from
two lawyers so “we know they will be at least
open to listening to our message,” she said.
   Legislation that may come up in the 2009
General Assembly includes:
• The Private Cause of Action bill that
   was debated, but not acted upon, in
   the 2008 legislative session.
                                                                                                          IOWA LAWYER November 2008 13
 Affordable! Educational! Timely! ISBA’s CLE

                                         ISBA CLE Schedule

                November 2008                                            December 2008

Nov. 19      Video Probate                             Dec. 3 - 5      Tax School
             Wells Fargo Bank Bldg., Davenport, Iowa                   Downtown Des Moines Marriott
Nov. 21      2nd Annual ADR Seminar                    Dec. 10         Law Over Lunch: Ethics
             ISBA Building, Des Moines                 Dec. 12         eCommerce Seminar

                        7.25 State CLE
                                                                       ISBA Building, Des Moines

                        hours whichQuick!
                                                       Dec. 17         Government Practice Telephone CLE

                        includes 1.75any ISBA
                         Simple!                       Dec. 19         Federal Practice

                        Ethics hours
                                                                       Hotel Fort Des Moines*
                         Register for                  *Please note location change
                            event online at

          Look for 2009 dates in the December Iowa Lawyer.

                                      SAVE THE DATE!
                                       eCommerce Seminar
                                           December 12, 2008
                                   Iowa State Bar Association Building
   Topics to be covered include: Identity Theft Issues, International Perspective on eCommerce,
                          Computer Fraud, Corporate Security and more.
                           Check for further information.

                                Ethics Committee Webinar
                              Wednesday, November 12 , 2008
                                  12:00 - 1:00 pm CST
If you’ve ever wondered how you could market your practice and stay within the spirit of the Iowa Rules
of Professional Conduct, then this FREE Webinar is for you. ISBA Ethics Chair Nick Critelli, assisted by
members of the Ethics Committee will present an interactive Webinar where you can submit your
questions about marketing.
Reserve your Webinar seat now at:

PC-based attendees
System Requirements:

Required: Windows® 2000, XP Home, XP Pro, 2003 Server,Vista
Macintosh®-based attendees
Required: Mac OS® X 10.4 (Tiger®) or newer

                                                                           The Iowa Lawyer November 2008
                      Affordable! Educational! Timely! ISBA’s CLE.

                        The Iowa State Bar Association ADR Section & American Academy of ADR Attorneys
                        2nd Annual Alternative Dispute Resolution Seminar
                                           November 21, 2008
         The Iowa State Bar Association Building  625 East Court Ave.                                         Des Moines, IA 50309
	       	           Speakers:	Robert	Fanter,	Whitfield	&	Eddy,	P.L.C.	Des	Moines,	Chair,	Iowa	State	Bar	Association	ADR	Section

	       	           Larry	McLellan,	Sullivan	&	Ward,	P.C.,	West	Des	Moines,	Chair		American	Academy	of	ADR	Attorneys

                    Speaker: Matthew Brandes, Simmons Perrine, PLC, Cedar Rapids
                    Review of Iowa Rule of Court Chapter 11: Governing Standards of Practice for Lawyer Mediators in Family Disputes

	       	           Speaker:	Larry	McLellan,	Sullivan	&	Ward,	P.C.,	West	Des	Moines	
                    The Pitfalls of Advertising as a “Certified” Mediator - Iowa Rule of Professional Conduct 32:7.2

	       	           Speaker:	David	Blair,	Law	Office	of	David	Blair,	P.C.,	Sioux	City
                    The Importance of Opening Statements from the Perspective of the Mediator

10:00-11:00                                                                                                             7.25 State CLE
	       	           Speakers:	Elizabeth	Kennedy,	Ahlers	&	Cooney,	P.C.,	Des	Moines
                                                                                                                        hours which

	       	           Tom	Drew,	Drew	Law	Firm,	P.C.,	Des	Moines
                    Preparing for Mediation From the Attorney’s Perspective

	       	           Kimberly	Stamatelos,	Kimberly	Stamatelos	&	Associates,	West	Des	Moines				                          includes 1.75
	       	           Speakers:	Lora	McCollom,	Skinner	Nielsen	&	McCollom,	P.L.C.,	West	Des	Moines                        Ethics hours
	       	           Brent	Cashatt,	Babich,	Goldman,	Cashatt	&	Renzo,	P.C.,	Des	Moines	
                    Tips for Advocates and Mediators in Family Law Mediation

                    Lunch	(buffet	included	in	registration	fee)

	       	           Speaker:	Kimberly	Stamatelos,	Kimberly	Stamatelos	&	Associates,	West	Des	Moines	           		
                    Ethical Considerations for Mediators under the ABA Model Standards of Conduct for Mediators and the Iowa

                    Rules of Professional Conduct

	       	           Speakers:	Channing	Dutton,	Lawyer,	Lawyer,	Dutton	&	Drake,	L.L.P.,	West	Des	Moines
	       	           Harry	Dahl,	Harry	W.	Dahl,	P.C.,	West	Des	Moines	
                    Resolving Liens, Workmen’s Compensation Disputes and Other Settlement Killers

	       	           Speakers:	Michael	Pitton,	Pitton	Law,	P.C.,	Iowa	City,	Richard	Calkins,	Calkins	Law	Firm,	West	Des	Moines	
                    Mediation/Arbitration: What You Should Know

	       	           Speakers:	Paul	Thune,	Thune	Law	Firm,	P.L.C.,	West	Des	Moines,	Peter	Gartelos,	Gartelos	Wagner	&	Ament,	Waterloo

	       	           Justice	Louis	Lavorato,	Des	Moines	 	         	
                    So You Want to be a Mediator: Building a Mediation Practice

Name : ____________________________________________ Member # _____________ Phone #_____________________________________________
                                                          Registration Form: ADR Seminar

Address: __________________________________________________ City, State, Zip: ___________________________________ E-mail: _______________________________
Registration:	____$140	Members	of	AAAA/the	ISBA	ADR	Section														____$150	ISBA	Members														____$175	Non-ISBA/Non-AAAA	Members		
Registration	fee	includes	lunch	and	coffee	breaks/snacks.	Further	information	may	be	obtained	by	calling	ISBA	CLE	at	(515)	243-3179	
or AAAA at (515) 225-2323.
____	Yes,	I	would	like	to	sign	up	for	the	ADR	Section	Membership	-	$15.
____	I	am	interested	in	joining	AAAA	for	$100.	Please	make	check	payable	to	American	Academy	of	ADR	Attorneys	for	AAAA membership
only.	Send	a	copy	of	this	form	to:	AAAA,	8345	University	Blvd.,	Ste.	F-1,	Des	Moines,	IA	50325	or	call	(515)	225-2323.
Those	who	join	the	AAAA	(American	Academy	of	ADR	Attorneys)	or	ADR	Section	will	qualify	to	register	at	the	member	rate.	
Method of Payment: ___ Check enclosed                 Check Number _________
	___	Master	Card																___	Visa	 							___	American	Express										___CLE	Season	Pass

Credit	Card	#:_____________________________________________	Exp.	Date:		___________

Cardholder Signature: __________________________________________________

Cancellation Policy/Walk-in Registration Fee: 	Registration	refunds	will	be	issued	only	if	written	notification	is	received	by	the	Bar	Of-
fice	by	November	14,	2008.		Written	notification	can	be	mailed,	faxed,	or	e-mailed	to	the	Bar	Office.	Walk-in	registration	fee	will	be	an	
Return Registration form to:		ISBA	CLE,	625	E.	Court	Avenue,	Des	Moines,	IA		50309.		For	questions	call:		(515)	697-7874	or	fax	(515)	243-2511

additional $50 (fee will begin on November 20).

 The Iowa Lawyer November 2008
  Affordable! Educational! Timely! ISBA’s CLE

                                                Federal Practice Seminar
                                                          December 19, 2008
                                                        Hotel Fort Des Moines *
                                                           1000 Walnut St.
                                                         Des Moines, IA 50309                      *Please note location change
7:30 - 8:15                  Registration

                             Speaker:	Mollie	Pawlosky,	Dickinson	Law	Firm
8:15 - 8:45                  Back to Basics in Using Subpoenas under the Federal Rules

                             Moderator:	Laurie	Dore,	Drake	University                                             7 State CLE hours
                                                                                                                  which includes
8:45 – 9:45                  District Judges Panel

                             Moderator: John S. Allen, University of Iowa                                         7 Federal hours
                                                                                                                  and 1 Ethics hour
9:45 – 10:45                 Magistrate Judges Panel

10:45 – 11:00                Break
11:00 - 12:00                Eighth Circuit Court of Appeals Oral Argument

                             Speaker:	Magistrate	Judge	Jon	S.	Scoles,	United	States	District	Court	for	the	Northern	District	of	Iowa
12:00 - 1:15                 Lunch

1:15-2:45                    Immigration Panel
                             “The New Era of Immigration Compliance and Work Site Enforcement – Implications for Civil

                             Panel:	Lori	Chesser,	Davis	Brown	Law	Firm;	Paul	R.	Stultz,	Deputy	Chief	Counsel,	Omaha,	NE,			          	
                             and Criminal Law Practitioners”

	       	          	         Immigration	Customs	Enforcement;	Jay	Jorgenson,	Sidley	Austin,	LLP,	Washington,	D.C.,		         	       	
	       	          	         Angela	Campbell,	Dickey	Campbell	Law	Firm
2:45-3:00                    Break
3:00-4:00                    Break Out Sessions
                             Civil: Beyond the Rules: Practical Lessons on Handling E-discovery
                             Criminal: Bankruptcy Fraud
4:00-5:00                    Ethics

                             Speaker:	Professor	David	Hricik,	Mercer	College		 	
                             “Presuit Investigations: Rule 11, Rule 27, HIPAA, Model Rule 4.2... and More”

                                               Registration Form: Federal Practice
Name : _________________________________________ Member # _______________ Phone #________________________________________

Address: ____________________________________________________ City, State, Zip: ___________________________________________

E-mail: ____________________________________________
Registration:  ____$160 ISBA Member                      ____$225 Non-ISBA Member              Attending Lunch: ____Yes       ____No
Method of Payment: ___ Check enclosed            Check Number _________

	___	Master	Card									___	Visa											___	American	Express										___CLE	Season	Pass            For hotel reservations call:
                                                                                                        (515) 243-1161
                                                                                                        Room rate: $109
Credit	Card	#:_____________________________________________	Exp.	Date:		___________

Cardholder Signature: __________________________________________________
Return	Registration	form	to:		ISBA	CLE,	625	E.	Court	Avenue,	Des	Moines,	IA		50309.		For	questions	call:		(515)	697-7874	or	fax	
(515) 243-2511
Cancellation	Policy/Walk-in	Registration	Fee:		Registration	refunds	will	be	issued	only	if	written	notification	is	received	by	the	
Bar	Office	by	December	12,	2008.		Written	notification	can	be	mailed,	faxed,	or	e-mailed	to	the	Bar	Office.	Walk-in	registration	
fee	will	be	an	additional	$50	(fee	will	begin	on	December	18).

                                                                                                      The Iowa Lawyer November 2008
              Affordable! Educational! Timely! ISBA’s CLE.

                                  69th Annual Tax School
                                        December 3-5, 2008
                                           Marriott Hotel
                                           700 Grand Ave.
                                        Des Moines, IA 50309

1:00 - 1:10
                                    Wednesday, December 3

	       	     	     Speaker:	David	Brown,	Tax	School	Co-chair	       	      	
                    Introduction & Announcements

1:10 - 2:30
                    Speakers: Prof. Neil Harl, Iowa State University
                    Tax Update

	       	     	     Prof.	Roger	McEowen,	Iowa	State	University,	CALT	Director
2:30 - 3:00
	       	     	     Speakers:	Orville	Bloethe,	David	Bibler	&	Lee	Wilmarth	
                    Tax Manual

3:00 - 3:15
3:15 - 5:30

	       	     	     Speakers:	Orville	Bloethe,	David	Bibler	&	Lee	Wilmarth	
                    Tax Manual (cont’d)

5:30                Adjourn

8:00 - 8:55
                                     Thursday, December 4

                    Todd Scott, Minnesota Lawyers Mutual
                    Disaster Preparedness/Malpractice/Ethical issues

8:55 - 9:40
	       	     	     Panel:	James	Moore,	Tax	Director	-	RSM	McGladrey,	Inc.	 	   	
                    Disaster Preparedness, Extensions and Casualty Loss

9:40 - 9:55
9:55 - 10:15

	       	     	     Speaker:	Erin	Herbold,	CALT	Staff	Attorney	
                    Federal Tax Update

10:15 - 10:30
10:30 - 11:00
                    Online Filing for Continuing Legal Education

	       	     	     Speaker:	David	Repp		       	
                    Digging the Gold Out of Family Farm Corporations

11:00 - 11:45
	       	     	     Speaker:	F.D.	Chip	Baltimore	      	      	
                    Real Estate and Assets in a Self Directed IRA

11:45 - 1:00
1:00 - 3:00
                    Lunch (not included in registration fee)

	       	     	     Speakers:	Steven	Roy	&	James	Goodman	 	
                    Forms and Examples

3:00 - 3:15
3:15 - 3:45

                    Speaker: Kristy Maitre
                    IRS Update and Remarks

3:45 - 4:15
                    Speaker: Mark Schuling
                    Iowa Department of Revenue Updates and Remarks

4:15 - 5:00
	       	     	     Speaker:	Darwin	Clupper	 	         	
                    Sales and Use Tax

5:00                Adjourn

The Iowa Lawyer November 2008
  Affordable! Educational! Timely! ISBA’s CLE

                                                Friday, December 5
8:00 - 9:00
                        Speaker: Aaron Friedman, Principal Financial Group
                        Final 403B Regulations

9:00 - 9:30
                        Speaker: James Monroe
                                                                                                   15 State CLE hours
                        Preparer Penalties

9:30 - 9:50
                                                                                                   which includes
9:50 - 10:20
                                                                                                   6 Federal hours

	       	     	         Speakers:	Jason	Stone	&	Dave	Watson	     	
                        Partnership/LLC Taxation

10:20 - 12:00
	       	     	         Panel:	Patrick	Courney,	James	Monroe	&	Jim	Lohman	
                        Blue Ribbon Panel

12:00                   Adjourn

Name : _____________________________________ Member # _______________ Phone #____________________________________
                                   Registration Form: 69th Annual Tax School

Address: ___________________________________________________ City, State, Zip: ________________________________________
E-mail: ____________________________________________

____ Admitted to practice prior to July1, 2002           $295
Advanced Registration Fee: (includes 2008 Tax Manual and Outline Books)

____	Tax	Section	Member	admitted	prior	to	July	1,	2002		 $275  For hotel reservations call:
ISBA Members:

____ Admitted to practice after July 1, 2002             $225  1-800-514-4681
____	Tax	Section	Member	admitted	after	July	1,	2002	     $215  Room rate: $129
                                                               Code (needed for rooming rate):
____ Non-ISBA Members                                    $385  TAXTAXA
____ Para-Professionals                                  $165
____ Law Students                                        $95

____	Tax	School	outline	only	 	   	     	      	     $75
____	2008	Income	Tax	manual	only	 	     	      	     $100
Tax School Materials Only (if you are not attending Tax School and want the materials)

____ Full Set of materials                           $150
                                                       Total: $________
Method of Payment: ___ Check enclosed            Check Number _________
	___	Master	Card										___	Visa											___	American	Express												___CLE	Season	Pass
Credit	Card	#:_____________________________________________	Exp.	Date:		___________

Cardholder Signature: __________________________________________________
Return	Registration	form	to:		ISBA	CLE,	625	E.	Court	Avenue,	Des	Moines,	IA		50309.		For	questions	call:		
(515)	697-7874	or	fax	(515)	243-2511
Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written
notification	is	received	by	the	Bar	Office	by	November	28,	2008.		Written	notification	can	be	mailed,	faxed,	
or	e-mailed	to	the	Bar	Office.	Walk-in	registration	fee	will	be	an	additional	$50	(fee	will	begin	on	December	2).

                                                                                         The Iowa Lawyer November 2008
                Affordable! Educational! Timely! ISBA’s CLE.

                           Government Practice Telephone CLE
                  Presenter: Cynthia Moser, Attorney, Heidman Law Firm, LLP
                                     December 17, 2008
                                       12:00 - 1:00 pm
                                      Event qualifies for 1 hour of State CLE

Speaker: Cynthia Moser, Attorney, Heidman Law Firm, LLP
Topic: It Isn’t Just Big Brother Who is Watching: E-mail and Computer Use in the Workplace

This	presentation	will	examine	the	rights	of	employers	and	employees	with	respect	to	moni-
toring and surveillance of employee e-mail and internet usage, relevant federal and state
statutes	and	case	law,	offsite	internet	activity	and	personal	web	sites,	recommended	policies	
and	issues	specific	to	government	agencies.		

                     Registration Form: Government Practice Telephone CLE

Name : ___________________________________ Member # _______________ Phone #______________________________________

Address: ________________________________________________ City, State, Zip: ___________________________________________

E-mail: ____________________________________________

Registration: ____$25 ISBA Member                         ____$40 Non-ISBA Member

Method of Payment: ___ Check enclosed            Check Number _________

	___	Master	Card									___	Visa											___	American	Express										___CLE	Season	Pass

Credit	Card	#:_____________________________________________	Exp.	Date:		___________

Cardholder Signature: __________________________________________________

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

   Register for any ISBA CLE at

The Iowa Lawyer November 2008

                                           Kimberly A. Booth has joined Reisinger Booth         received his undergraduate degree in mechanical
                                        & Associates, P.C., L.L.O. as a partner. The office     engineering from MSU.
                                        will be relocating to 7602 Pacific Street, Suite 222,
     Remembering                        in Omaha, Neb. The firm will continue to practice in
                                        the areas of mediation, criminal law, family law,
                                                                                                                 Sam E. Jones and Jason
                                                                                                               R. Sytsma have joined the Cedar
      their legacy                      adoption, probate, elder law, and appeals.
                                           Karin E. Capellano has also joined the firm as
                                                                                                               Rapids firm of Shuttleworth &
                                                                                                               Ingersoll, P.L.C. as associate
                                        an associate. She is a recent graduate of Creighton                    attorneys. Sam graduated from
                                        University School of Law.                                              the University of Iowa College of
          One of the best ways to                                                               Sam E. Jones
                                                                                                               Law in May 2008. His practice
      remember a deceased lawyer                           C. Morgan Lasley has joined                         focuses on litigation, including
      is through a memorial gift to                     the law firm of Dunakey & Klatt,                       construction and design law and
      the profession to which he or                     P.C. in Waterloo as an associate.                      insurance law. Jason graduated
        she devoted an entire life.                     Morgan received his B.S. in elec-                      from Franklin Pierce Law Center
                                                        tronics and information technology                     in May 2008 and holds a B.S. in
        Surviving family members                                                                               Electrical Engineering from Iowa
                                        C. Morgan
                                                        from Brigham Young University in
       can point with pride to the                      Provo, Utah in 2005 and his J.D.                       State University. His practice
     accomplishments memorialized                       from the University of Iowa in          Jason R.       focuses on intellectual property
            in a tangible form.                         2008. He will engage in a general       Sytsma         rights including U.S. and foreign
                                                        practice at the firm.                                  patents, trade secrets, copyrights
 The Iowa State Bar Foundation                                                                                 and trademarks.
        is a fitting place for                             Nicole M. Rognes has joined
    contributions made in the                           the Mason City law firm of Heiny,                         Adam S. Tarr has joined the
                                                        McManigal, Duffy, Stambaugh &                          law firm of Bradley & Riley PC in
  honor of a deceased member.
                                                        Anderson, P.L.C., as an associate                      Cedar Rapids. Adam received his
    There the gift will be used                         attorney. Nicole earned degrees in                     law degree from the University of
   to support the Foundation’s                          management and organizations                           Iowa College of Law in 2008, his
                                        Nicole M.
      charitable purposes for           Rognes          and Spanish from the University         Adam S. Tarr   master’s degree from Washington
      the advancement of the                            of Iowa in 2005. She went on to                        State University in 2001, and his
          law and justice.                              earn her J.D. from the University                      bachelor’s degree from Stephen F.
                                                        of Iowa College of Law in 2008.                        Austin State University in 1999.
    To memorialize a respected
   colleague, a spouse, a parent,                          Kirsten N. Arnold has joined                          Rachel Zimmermann Smith
                                                        the law firm of Beecher, Field,                        has joined the Iowa City law firm of
  a grandparent, or just a friend,                                                                             Phelan, Tucker, Mullen, Walker,
                                                        Walker, Morris, Hoffman &
    send contributions to: The                          Johnson, P.C., in Waterloo as an                       Tucker & Gelman, LLP as an asso-
   Iowa State Bar Foundation,                           associate. Kirsten received her                        ciate. Rachel is a 2002 graduate
 625 East Court, Des Moines, IA         Kirsten N.
                                                        B.A. from the University of             Rachel         of the University of Iowa College
  50309. A representative of the        Arnold          Northern Iowa in 2004 and her                          of Law.
  Foundation will acknowledge                           J.D. from the University of Iowa
                                                        College of Law in 2008.                    Gary B. Nelson has become partner in the
     the gift, and a permanent                                                                  Cedar Rapids firm, Rush & Nicholson P.L.C.
        record will be made.                               Fred J. Sharp has recently           Gary joined the firm in 2006 and will practice
                                                        joined the law firm of McKee,           primarily in workers’ compensation.
  For more information, contact                         Voorhees & Sease, P.L.C. in                Jeremy Flaming has also joined Rush &
 The Iowa State Bar Foundation                          Des Moines. Fred graduated              Nicholson as an associate. He received his
   at the address above, or via                         from Michigan State University          bachelor’s and law degrees from the University
 phone at 515-697-7870, or e-mail       Fred J. Sharp   College of Law in 2008. He also         of Oklahoma.
                                           TRANSITIONS SUBMISSIONS ONLY BY E-MAIL
                                           Copy deadline for Transitions is 30 days before the month of publication. Please follow the
                                           same style published here and keep submissions short and to the point. For new hires and
                                           promotions, the name of the law firm is not as important as the individual involved, so
                                           mention the lawyer first. Always submit a photo of the subject. If it is to be digital, please
                                           use the “.jpg” format only. Make all submissions in plain text or Microsoft Word “.doc”
                                           format via e-mail to and please do not expect late submissions to
                                           be published immediately. We need at least a 30-day interval before publication. Include
                                           office phone number and name of the person furnishing the copy. Questions? Call the
                                           ISBA communications director at 515-243-3179. Thank you for your assistance.

20    THE
            IOWA LAWYER November 2008

                  D. Ashley Frison and Ben            J.D. in 2008 from the University of Iowa College       Brady named fellow in ACTL
                M. Klocke have both joined the        of Law.                                                   Brad J. Brady recently was inducted as
                Baird Holm LLP firm. Ashley                                                                  a fellow into the American College of Trial
                received her J.D. from Creighton                          Timothy L. Lapointe has            Lawyers. A partner in the firm of Brady &
                University School of Law and                           opened his own law practice after     O’Shea, P.C. in Cedar Rapids and a graduate
                her B.A. in Psychology from the                        more than 18 years of experience      of the University of Iowa College of Law, he
D. Ashley
Frison          University of Notre Dame. She                          in general practice litigation, 17    has practiced in Cedar Rapids for 30 years. He
                practices with the education sec-                      years with Lapointe & Lapointe,       practices primarily in civil litigation, including
                tion of the firm. Ben practices        Timothy L.
                                                                       P.C. in Mason City. The Law           personal injury/wrongful death and business
                real estate and commercial lend-       Lapointe        Offices of Timothy L. Lapointe,       and commercial litigation. Founded in 1950, the
                ing law. He received his J.D. from                     P.C. opened on Sept. 8 at             ACTL is composed of the best of the trial bar
                the University of Iowa College of     Courtside Offices- 23 3rd St. N.W. in Mason City.      from the United States and Canada. Fellowship
                Law. He also holds an M.B.A.          Timothy is a 1990 graduate of the University of        in the College is extended by invitation only and
                from the Henry B. Tippie College      Iowa College of Law and a 1987 graduate of the         cannot exceed one percent of the total lawyer
Ben M. Klocke
                of Business, and a B.S. in Finance    University of Northern Iowa. He intends to expand      population of any state or province.
                from Iowa State University.           his general practice to handle more personal
                                                      injury and employment discrimination cases.
                    Aaron H. Ginkens of the                                                                    ADMISSION ON MOTION
                Ginkens Law Firm, P.L.C. and                             Nathan D. Runde has joined
                                                                                                                 The following individual has applied
                Edward N. McConnell, P.L.C.                            Clemens, Walters, Conlon &
                                                                                                               for admission on motion to the Iowa Bar:
                have merged law firms and                              Meyer, L.L.P. in Dubuque as an            Thomas J. Culhane, Erickson &
                formed Ginkens & McConnell,                            associate. Nathan graduated with        Sederstrom, Omaha, Neb.
                P.L.C. The new office is located                       a B.A. in Accounting from                 Anyone with questions or comments
Aaron H.
Ginkens         at 12257 University Avenue, Suite                      Wartburg College in May of 2005         should contact Dave Ewert at the Office
                                                      Nathan D.
                200, Clive, Iowa 50325. Aaron         Runde            and from Washburn University            of Professional Regulation, 1111 East
                received his B.A. from Drake                           School of Law in May 2008. His          Court Avenue, Des Moines, IA 50319;
                University in 2000 and his J.D.                        areas of practice include, but are      Phone: 515-725-8029.
                in 2003. He has a general law         not limited to, general practice, criminal law, real
                practice. Edward graduated from       estate, business law and probate.
                Thiel College in Greenville, PA. in
                1973 with a B.A. in History and                         Adam D. Zenor and James
Edward N.
McConnell       from Ohio University in 1975                           W. Bryan have joined the law
                with an M.A. in American History                    firm of Grefe & Sidney, P.L.C.
                and Middle Eastern Studies. He                      Adam received his J.D. from
                                                                                                                   Mediations & Arbitrations
received his J.D. from Drake University Law                         the University of Iowa in 2008.
School in 1986. He practices in the areas of liti-    Adam D. Zenor
                                                                    James received his J.D. from
                                                                                                                      Workers’ Compensation Mediators
gation and commercial equipment leasing law.                        Drake University Law School in
                                                                    2007. Both Adam and James will                               Frank T. Harrison
                                                                                                                       Former Deputy Iowa Industrial Commissioner
                   Erik P. Bergeland has                            be practicing in the Litigation
                joined the law firm of Finley,                      section of the firm.                                             E. J. Kelly
                                                                                                                       Former Deputy Iowa Industrial Commissioner
                Alt, Smith, Scharnberg, Craig,
                Hilmes & Gaffney, P.C. in Des                                                                                    Robert C. Landess
                Moines as an associate. Erik                                                                              Former Iowa Industrial Commissioner

                earned his B.A. degree from           James W.                                                                   Valerie A. Landis
Erik P.
                Iowa State University and his         Bryan
Bergeland                                                                                                                       Matthew A. Grotnes

                                                                                                                                 M. Anne McAtee

                                                                                                                               Civil Litigation
                                                                                                                            Mediator & Arbitrator
                                                                                                                                   Jeff H. Jeffries

                                                                                                                           Probate/Estate Mediator
                                                                                                                               James E. Van Werden

                                                                                                                  Des Moines • Adel • Quad Cities

                                                                                                                      IOWA LAWYER November 2008 21
More e-mail tips — e-tone, anonymity and social glue (FWIW)
Melissa H. Weresh*
   In a July 2007 article published in the           For many who came of age in a pre-online            Introduction:
New York Times, Nora Ephron chronicled               era, the new realities of a digital age are      It is recommend-
the Six Stages of E-Mail. Stage one,                 confounding . . . There are no paper             ed that your ini-
Infatuation, was characterized by euphoria,          shredders in cyberspace.”                        tial content pro-
including these observations: “And how                  While e-mail is — and should be — a           vide the reader
great is AOL? It’s so easy. It’s so friendly. It’s   more informal, casual form of correspon-         context for the
a community. Wheeeee! I’ve got mail!”                dence, lawyers are well-served by being          subject matter
   By stage four, Disenchantment, she notes          more thoughtful and deliberate in crafting       of the e-mail.
“My eyes are dim. I have a mild case of              e-mail exchanges. This is particularly true      Recognize that,
carpal tunnel syndrome. I have a galloping           since there is, in all likelihood, a business-   when people
case of attention deficit disorder because           related purpose in an electronic business        read e-mail, they may jump from one
every time I start to write something, the e-        message. If the content of the                   message to the next, overlooking the sub-
mail icon starts bobbing up and down and             e-mail is misunderstood because of lack of       ject matter clause. So, begin the message
I’m compelled to check whether anything              accessible formatting                            with a sentence that reinforces the subject
good or interesting has arrived.” At stage           or the use of unintelligible shorthand, that     matter clause.
six, Death, she laments, “Call me.”                  purpose has not been achieved. Thus, we
   Sarah Schafer commented in a Nov. 3,              continue with our examination of tips on           Body: Consider the purpose of the
2000, Washington Post article titled E-Mail’s        crafting more professional                       e-mail and be deliberate about how to
Impersonal Tone Easily Misunderstood: “The           e-mail exchanges.                                achieve the purpose.
same qualities that made e-mail such a boon                                                           • Requests for Action: If you are asking
to office efficiency — the air of informality,          Format: Reading an e-mail on a comput-          the recipient to do something, note this
the speed with which someone can com-                er screen or a handheld computer device is         at the beginning of the e-mail. If there
pose and click — are often the cause of              more difficult than reading a hardcopy let-        are multiple action items, number them
countless, costly misunderstandings that             ter. Therefore, think carefully about for-         or put them in a list.
can stall team projects, turn co-workers             matting the message so that its content is       • Responses: If the e-mail responds to a
against one another or their bosses and              accessible to the reader. An e-mail should         question posed in a prior message, be sure
twist simple negotiations into months-long           generally have a salutation, introduction,         to answer the question fully and clearly,
gripe sessions.” Part of the problem with e-         body and closing.                                  otherwise you should expect more mail
mail miscommunication is that the rate of              Salutation: Because e-mail and letters           in your inbox. Also, include sufficient
use of this form of communication has far            lack the visual cues associated with a face-       content from the prior e-mail so that the
exceeded its capacity for the development            to-face exchange, it is important to incorpo-      recipient has context for the response.
of social norms.                                     rate textual cues to set the tone of the com-    • Accessibility: To make the content of the
   Neva Chonin observed in Going Down                munication. The conventional salutation            message more accessible, use hard returns
in Flames, an April 22, 2007 article in the          employed in a formal letter, “Dear Mr.             between paragraphs to give recipients a
San Francisco Chronicle: “Building new               Smith,” works in e-mail and sets a formal,         visual break. Keep sentences and para-
social norms is complicated by the                   professional tone. As with most issues of          graphs as concise as possible.
Internet’s growth into a multigenerational,          netiquette, the relationship between the
                                                                                                        Closing: As with other aspects of e-mail
multicultural medium where cultural cus-             sender and recipient will inform the degree
                                                                                                      communication, the closing of an e-mail
toms, like political opinions, are legion.           of formality necessary in the salutation.
                                                                                                      message may convey more than the sender
                                                                                                      intends. As New York Times writer Lola
       NEED HELP WITH AN APPEAL?                                                                      Ogunnaike explains in the Nov. 26, 2006,
                                                                                                      New York Times article ‘Yours Truly,’ the
                                                                                                      E-Variations: “Those final few words above
     Patrick W. O’Bryan • O’BRYAN LAW FIRM                                                            your name are where relationships and
                                                                    hierarchies are established, and where
                              STATE OR FEDERAL                                                        what is written in the body of the message
               300 Walnut Street, Suite 125, Des Moines, Iowa 50309                                   can be clarified or undermined.”
                    Phone: 515-283-8399 • Fax: 515-283-2670                                             While e-mail may be a casual form of
                                                                                                      communication, writers provide closure
                        LAW DEGREE DRAKE U. 1976
                                                                                                      to their correspondence. A failure to
                   UMKC MASTER OF LAW DEGREE 1979                                                     include any sign-off can be read as dis-
                   Former Law Clerk: Justice Harris 1977-1978                                         missive or curt. “Sincerely,” “Warmly,”
                       Former Director Appellate Screening                                            or “Yours truly” work for letters and can
                         Supreme Court of Iowa ‘85-‘92                                                be employed in e-mail as well. The degree
                                                                                                      of formality or warmth will depend on
22    THE
            IOWA LAWYER November 2008
the relationship between the sender and        whose meaning may be unclear or — worse        appellate brief. Rather, you should conduct
recipient.                                     — whose use might be interpreted by the        a cursory review of your e-mail before you
                                               recipient as unprofessional.                   hit the “send” button.
   Signatures: In messages sent from a busi-      Abbreviations: Abbreviations, or text          E-mail has its place in the business setting,
ness address, it is recommended that the       message shorthands, are also becoming          and lawyers can and should rely on its use
signature line include appropriate contact     increasingly common in e-mail, particular-     to accomplish some of the tasks associated
information for the sender. The name and       ly since so much e-mail is now sent from       with representing clients and interacting
title of the sender, the name and business     cell phones and PDAs, or “personal digital     with peers. But, particularly as we have
address of the firm, and phone and fax         assistants” like Treos or BlackBerrys.         become so dependent on our computers,
numbers are typical. These provide the         While the use of abbreviations may make        PDAs, and other electronic devices, we have
recipient with reply options.                  sending an e-mail more efficient, the          to remember to pay attention to one anoth-
   It has also become increasingly common      effort is in vain if the recipient cannot      er. Real live attention to each other.
to see a personal quote associated with the    decipher the abbreviation. Test your              Online communication has a relatively
sender’s address (one memorable one I          familiarity with these abbreviations:          anonymous quality. As Daniel Goleman
recently saw read “The U.S. Constitution                                                      notes in an Oct. 7, 2007, article in the New
— Use It or Lose It.”) While these are           OTOH      (on the other hand)                York Times, E-Mail is Easy to Write (and to
becoming acceptable, be judicious in             HIH       (hope it helps)                    Misread): “Consider, too, the ‘e-mail the guy
your choice, recognizing the business            YCT       (your comment to)                  down the hall’ effect: as the use of e-mail
nature of correspondence.                        GFN       (gone for now)                     increases in an organization, the overall
                                                 EOT       (end of thread)                    volume of other kinds of communication
Additional Considerations:                       IMHO      (in my humble opinion)             drops — particularly routine friendly greet-
   Emoticons and E-Tone: Emoticons, or           IBTD      (I beg to differ)                  ings . . . Saying ‘Hi,’it turns out, really does
smilies, are strings of typeface characters      JIC       (just in case)                     matter; it’s social glue . . . ‘[S]ocial software’
designed to convey the emotions of the           WYCM      (will you call me?)                like e-mail ‘is not better than face-to-face
sender. Emoticons are most frequently used       YOYO      (you’re on your own)               contact; it’s only better than nothing.’”
at the end of a sentence to convey some
form of emotion or meaning relating to the        If you know these, and you are
prior sentence. Review the following to        certain that your recipient understands
                                                                                              *Melissa Weresh is professor of law and director
determine if you recognize their meanings:     them as well, you should use them if they      of legal writing for Drake University Law School.
                                               make your correspondence more efficient.       This is a continuation of a series of essays that
  :-)    (happy, agreement)                    If you are not certain the recipient knows     explore professionalism, communication and
  ;-)    (wink, light sarcasm, just kidding)   the meaning, however, those seemingly          interpersonal dynamics in law practice. The
  :-(    (frown, angry, displeasure)           efficient keystrokes were wasted, as was the   author welcomes suggestions as to content, and
  :-/    (perplexed, confused)                 effort of your correspondence.                 can be reached at
  >:-<   (angry)                                  Grammar, Spelling, and Shouting: It
  :-&    (tongue-tied)                         really should go without saying that you
  :-O    (shock or surprise)                   should briefly review your e-mail corre-       Family Law Mediation
  :\/    (can’t keep his/her mouth shut)       spondence to check for grammar and
         (my glass is empty)
         (my glass is full)
                                               spelling errors. Resist the urge to use
                                               all caps for emphasis — this is the writ-
                                                                                              DIANE L. DORNBURG
   Did you get many of these? Neither did
                                               ten equivalent of shouting at the reader.         CARNEY & APPLEBY, P.L.C.
                                                  Reviewing your e-mail for errors
I, and neither will your reader. A quick
Internet search reveals that there are hun-
                                               should not be read as a recommenda-               PHONE        •   515-282-6803
                                               tion that you employ the same type
dreds of these and that their meaning is
not universally understood.
                                               of labor-intensive, deliberate editing
   To the extent that e-mail lacks visual or
                                               employed when drafting a lengthy       
auditory cues, and is often more casual and
quickly constructed than hardcopy letters,
intent and meaning can be misconstrued.
As Schafer notes, “Humor, sarcasm and
double entendres — best delivered with a
smile, a raised eyebrow or smirk — often
fall flat or are taken literally in e-mail
exchanges.” Thus, in the business setting,
carefully evaluate whether the content of
your e-mail, or your intent in conveying
the material, has the likelihood of being
misunderstood by the recipient. If that is
the case, consider a phone call or face-to-
face meeting rather than an emoticon
                                                                                                        IOWA LAWYER November 2008 23
United States Postal Service
                                                                                                                                                             13. Publication Title                                                                 14. Issue Date for Circulation Data Below
Statement of Ownership, Management, and Circulation                                                                                                               The Iowa Lawyer                                                                     September 1, 2008
1. Publication Title                                                            2. Publication Number                         3. Filing Date                 15.                                                                                     Average No. Copies Each Issue         No. Copies of Single Issue
                                                                                                                                                                                     Extent and Nature of Circulation
                                                                                                                                                                                                                                                     During Preceding 12 Months            Published Nearest to Filing Date
 The Iowa Lawyer                                                                      3    8    0    _   8    3     0         10/8/08
                                                                                                                                                             a.     Total Number of Copies (Net press run)                                              8,400                                   8,500
4. Issue Frequency                                                              5. Number of Issues Published Annually        6. Annual Subscription Price

Monthly                                                                                             12                        $5 included in membership;                             Paid/Requested Outside-County Mail Subscriptions Stated on
                                                                                                                              $30 nonmember
                                                                                                                                                                                     Form 3541. (Include advertiser's proof and exchange copies)        6,110                                   6,080
7. Complete Mailing Address of Known Office of Publication (Not printer) (Street, city, county, state, and ZIP+4)             Contact Person                                    Paid In-County Subscriptions Stated on Form 3541
                                                                                                                              Steve Boeckman                 b. Paid and/or (2) (Include advertiser's proof and exchange copies)                        2,117                                     2,107
   625 East Court Ave., Des Moines, Polk, IA 50309-2009                                                                                                         Requested
                                                                                                                                                                Circulation (3) Sales Through Dealers and Carriers, Street Vendors,
                                                                                                                               515-243-3179                                     Counter Sales, and Other Non-USPS Paid Distribution
8. Complete Mailing Address of Headquarters or General Business Office of Publisher (Not printer)
                                                                                                                                                                               (4) Other Classes Mailed Through the USPS
    625 East Court Ave., Des Moines, IA 50309-2009                                                                                                           c. Total Paid and/or Requested Circulation
                                                                                                                                                                [Sum of 15b. (1), (2),(3),and (4)]                                                       8,227                                  8,187
9. Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor (Do not leave blank)                                                  d.
                                                                                                                                                               Free            (1) Outside-County as Stated on Form 3541
Publisher (Name and complete mailing address)                                                                                                                  Distribution
                                                                                                                                                               by Mail
 Dwight Dinkla, Executive Director                                                                                                                             (Samples,       (2) In-County as Stated on Form 3541
 625 East Court Ave., Des Moines, IA 50309-2009                                                                                                                ary, and
                                                                                                                                                               other free)     (3) Other Classes Mailed Through the USPS
Editor (Name and complete mailing address)
 Steve Boeckman                                                                                                                                              e. Free Distribution Outside the Mail
                                                                                                                                                                (Carriers or other means)                                                                 70                                    263
 625 East Court Ave., Des Moines, IA 50309-2009                                                                                                              f.
Managing Editor (Name and complete mailing address)
                                                                                                                                                                  Total Free Distribution (Sum of 15d. and 15e.)                                          70                                    263
 None                                                                                                                                                             Total Distribution (Sum of 15c. and 15f)                                               8,297                                    8,450
10. Owner (Do not leave blank. If the publication is owned by a corporation, give the name and address of the corporation immediately followed by the
                                                                                                                                                                  Copies not Distributed                                                                 103                                      50
    names and addresses of all stockholders owning or holding 1 percent or more of the total amount of stock. If not owned by a corporation, give the        i.
    names and addresses of the individual owners. If owned by a partnership or other unincorporated firm, give its name and address as well as those of           Total (Sum of 15g. and h.)
    each individual owner. If the publication is published by a nonprofit organization, give its name and address.)                                                                                                                                       8,400                                   8,500
                                                                                                                                                             j. Percent Paid and/or Requested Circulation
 Full Name                                                                      Complete Mailing Address
                                                                                                                                                                (15c. divided by 15g. times 100)                                                          97.94%                                  96.88%
  The Iowa State Bar Association                                                 625 East Court Ave., Des Moines, IA 50309-2009                              16. Publication of Statement of Ownership
                                                                                                                                                                                                                November 2008
                                                                                                                                                                X Publication required. Will be printed in the ________________________ issue of this publication.                             Publication not required.
                                                                                                                                                             17. Signature and Title of Editor, Publisher, Business Manager, or Owner                                                      Date

                                                                                                                                                             I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form
                                                                                                                                                             or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonme nt) and/or civil sanctions
                                                                                                                                                             (including civil penalties).

                                                                                                                                                             Instructions to Publishers
11. Known Bondholders, Mortgagees, and Other Security Holders Owning or
    Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or                                                                                        1.          Complete and file one copy of this form with your postmaster annually on or before October 1. Keep a copy of the completed form
    Other Securities. If none, check box                                                  X None                                                                         for your records.
 Full Name                                                                      Complete Mailing Address
                                                                                                                                                             2.          In cases where the stockholder or security holder is a trustee, include in items 10 and 11 the name of the person or corporation for
                                                                                                                                                                         whom the trustee is acting. Also include the names and addresses of individuals who are stockholders who own or hold 1 percent
                                                                                                                                                                         or more of the total amount of bonds, mortgages, or other securities of the publishing corporation. In item 11, if none, check the
                                                                                                                                                                         box. Use blank sheets if more space is required.
                                                                                                                                                             3.          Be sure to furnish all circulation information called for in item 15. Free circulation must be shown in items 15d, e, and f.
                                                                                                                                                             4.         Item 15h., Copies not Distributed, must include (1) newsstand copies originally stated on Form 3541, and returned to the publisher,
                                                                                                                                                                        (2) estimated returns from news agents, and (3), copies for office use, leftovers, spoiled, and all other copies not distributed.
                                                                                                                                                             5.          If the publication had Periodicals authorization as a general or requester publication, this Statement of Ownership, Management,
                                                                                                                                                                         and Circulation must be published; it must be printed in any issue in October or, if the publication is not published during October,
                                                                                                                                                                         the first issue printed after October.
12. Tax Status (For completion by nonprofit organizations authorized to mail at nonprofit rates) (Check one)                                                 6.          In item 16, indicate the date of the issue in which this Statement of Ownership will be published.
    The purpose, function, and nonprofit status of this organization and the exempt status for federal income tax purposes:
    X Has Not Changed During Preceding 12 Months                                                                                                             7.          Item 17 must be signed.
       Has Changed During Preceding 12 Months (Publisher must submit explanation of change with this statement)                                                          Failure to file or publish a statement of ownership may lead to suspension of Periodicals authorization.
PS Form 3526, October 1999                                      (See Instructions on Reverse)                                                                PS Form 3526, October 1999 (Reverse)

               ATTORNEYS AT LAW SINCE 1854

Mediations & Arbitrations
Labor & Employment Law
Civil Rights
Civil Litigation
William C. Davidson

Civil Litigation
Thomas D. Waterman

Civil Litigation
John D. Telleen
                                                                                                             Newly invested Iowa Court of Appeals Judge Richard Doyle zips up his robe during his investiture ceremony
220 North Main Street, Suite 600                                                                             Oct. 6. Supervising the process are (from left) his mother, Shirley Doyle; wife, Debbie; and son, John. Judge
Davenport, Iowa 52801                                                                                        Doyle, who practiced law with two Des Moines firms — Verne Lawyer & Associates (1977 – 1993) and the
563-324-3246                                                                                                 Galligan Law Firm (1994 – 2008) — is the 23rd judge to sit on the court of appeals. He replaced Judge Van                                                                                               Zimmer, who retired in September.

24        THE
                  IOWA LAWYER November 2008
                                                                                       UI study: minorities do
Nov. 12 webinar will discuss                                                           not feel stigmatized by
                                                                                       affirmative action
ethical questions about                                                              Opponents of affirmative action point to stigma as a

advertising your law practice                                                     reason for dismantling the policy, but a new University
                                                                                  of Iowa study counters that argument.
                                                                                     Challengers of the policy argue that minorities who ben-
  “What can I put on my letterhead?”     what cannot. In Ethics Opinion (08-      efit from it could doubt their own credentials or feel the
  “My law firm has been asked to         04) entitled Bar Association branded     burden of being treated as if they’re employed or enrolled
sponsor a little league baseball team.   advertisements, which was published      only because of race — not because they earned it.
What am I allowed to put on the          in the October 2008 Iowa Lawyer, he         But researchers surveyed 610 students at seven public
shirts?”                                 stated that the committee is “not        law schools, and results indicate that minorities at affir-
  “Are there any special requirements    empowered as a matter of law to pre-     mative action schools feel just as good about their quali-
I must meet for the sign outside my      approve a lawyer’s advertising or        fications and about how others treat them as minorities
office building?”                        marketing program.” This free webi-      at non-affirmative-action schools do.
                                         nar gives individuals an opportunity        Evidence that calls the powerful stigma argument into
   These questions and others like       to ask questions about advertising       question is important at a time when California, Michigan
them will be discussed in a special      their practices while staying within     and Washington recently passed legislation to end affir-
55-minute webinar sponsored by the       the spirit of the Rules.                 mative action in public institutions, and similar measures
ISBA’s Ethics and Practice Guidelines       As a training tool, webinars allow    are on the ballot this November in Colorado and
Committee from noon to 1 p.m. on         individuals to participate in seminars   Nebraska, said UI Law Professor Angela Onwuachi-
Nov. 12. One hour of ethics CLE          while sitting at their own computers.    Willig. She conducted the study with sociologist Mary
credit has been applied for and          The host takes control of each com-      Campbell of the UI College of Liberal Arts and Sciences
is pending.                              puter and goes through the points to     and Emily Houh, a University of Cincinnati law professor.
   The free webinar enables individu-    be made while the participants watch.       The study was conducted online in summer and fall
als to ask specific questions about      A phone connection provides the          of 2007 with second-year law students at four schools
advertising their law practices while    audio for the session.                   that had affirmative action admissions policies at the
meeting the requirements of the             To register for the webinar, go to:   time (University of Cincinnati, University of Iowa,
Iowa Rules of Professional Conduct           University of Michigan and University of Virginia) and
adopted by the Iowa Supreme Court        register/573623265. You must have        three that did not (University of California-Berkeley,
in July 2005.                            a PC computer running Windows            University of California-Davis and University of
   Committee chair, Nick Critelli, has   2000, XP Home, XP Pro, 2003 Server       Washington). The sample included 443 students from
said on many occasions that the          or Vista software. If you are a          affirmative action schools and 167 from non-affirmative
majority of questions received by the    Macintosh user, you must have Mac        action schools with 32 black, 17 Latino, 40 Asian Pacific
committee deal with the advertising of   OS X 10.4 (Tiger) or newer software.     American and 14 “other race” respondents.
law practices — what can be done and

     W H E R E                     I T ’ S           AT
     For further information:

     8 0 0 . 9 4 0 . 2 11 9

                                                               c o n t i n u i n g    l e g a l       e d u c a t i o n

                                 General Practice Review
        December 11 & 12, 2008 • Hotel Fort Des Moines, 10th & Walnut Sts., Des Moines, IA

                                                                                                   IOWA LAWYER November 2008 25

                                                                                                        strong commitment to client service and team-
 PUBLISHER’S NOTE:         E-mail submissions to the CLASSIFIED ADVERTISING section                     work. Duties are expected to include a broad
 are requested. They save keystrokes, thus cutting down on our production time, and                     range of employment litigation and counseling
 help to assure accuracy. Please follow the style of the ads appearing here, indicate the               matters representing employers. All candidates
 classification where you want your ad to appear and state how long the ad is to run.                   should be admitted to practice in the state of
 Each ISBA member of a private law practice receives two free insertions annually.                      Iowa and should have excellent academic cre-
 Corporate and government attorney members of the association receive the same free                     dentials, writing skills and professional recom-
 privileges for their business, non-employer-related ads. If you have questions, call Steve             mendations. Please send cover letter, resume,
 Boeckman at 515-243-3179. E-mail your copy to                                    writing sample, and law school transcript to
 The number appearing in parentheses after each ad is not a box number. It indicates                    Dana Gray, Manager of Legal Personnel
 the date the ad will be pulled from the magazine. (TF) indicates the ad will run until                 Services, Faegre & Benson LLP, 2200 Wells
 we receive instructions to pull it. Deadline for submissions is the first of the month                 Fargo Center, 90 South Seventh Street,
 prior to the month of publication.                                                                     Minneapolis, MN 55402. Please see our website
                                                                                                        at for more information.
 COMMERCIAL ADVERTISERS: Contact Shannon Espenscheid, 641-474-2280                                                                                (12-08)
 or David Larson, 515-440-2810.
                                                                                                        EXPERIENCED ATTORNEY — The Law
                                                                                                        Firm of Cray, Goddard, Miller & Taylor, LLP is
        Positions Available                          insurance defense) with at least 2-5 years expe-
                                                     rience or comparable qualifications. Please        looking for an experienced attorney to join our
                                                     send resume and requirements to Wilford H.         general practice in Burlington, Des Moines
ASSOCIATE — Kennedy Childs and Fogg,
                                                     Stone, P. O. Box 2457, Cedar Rapids, IA 52406.     County. Please provide a resume to Cray,
P.C.’s Delta office seeks an associate with 3+
                                                     All inquiries will be confidential.      (1-09)    Goddard, Miller & Taylor, LLP, P.O. Box 606,
years’ experience in insurance defense, med-
                                                                                                        Burlington, IA 52601, or send inquiries elec-
ical malpractice preferred. This is a unique
opportunity to do high level litigation at a         ASSOCIATE — Well established mid-size              tronically to (12-08)
Denver salary and live in the mountains.             firm in Des Moines seeks an associate with
                                                     a minimum of two to three years experience         ASSOCIATE WANTED — Established
Needs 2-3 years courtroom experience, excel-
                                                     in business, real estate, and commercial           AV-rated firm, with substantial litigation
lent research and writing skills, ability to take
                                                     litigation matters. All replies will be held       practice, offices in Cedar Rapids and Iowa
direction and work independently, and deposi-
tions experience. Competitive salary and             in confidence. Send cover letter and resume        City, seeks motivated attorney with one to three
excellent benefits. Please send cover letter         to Phyllis Hetheriton, Duncan, Green, Brown        years litigation experience. Resume
with salary requirements, resume, references         & Langeness, P.C., 400 Locust Street, Suite        to Timothy J. Hill, Bradley & Riley PC, PO
and writing sample by fax to Melinda Strickland,     380 Des Moines, IA 50309 or email to               Box 2804, Cedar Rapids, IA 52406-2804,
HR Director, 303-825-0434 or by email to                (12-08)    or e-mail          (SE) To learn more about
our firm, visit our website at        EMPLOYMENT LITIGATION —
                                            (SE)     ASSOCIATE — Faegre & Benson’s                                   Career Center
                                                     Employment group has an opening in its
ATTORNEY — Cedar Rapids Law Firm,                    Des Moines office for an experienced employ-       ARE YOU SEARCHING for a new
Lynch Dallas, P.C., has an immediate opening         ment litigation associate. Successful candidates   associate or law partner? Are you looking
for an attorney in the litigation area (e.g., com-   will have one or more years of employment          for a different full- or part-time position?
mercial, employment, workers’ compensation,          litigation and counseling experience and a         Go to www. and click on the
                                                                                                        ISBA Career Center.                        (TF)

                                                                                                                   Expert Software
                                                                                                        LegalWorks Guidelines for Iowa. Windows
                                                                                                        version. Calculates child support pursuant to
                                                                                                        Iowa child support guidelines worksheet and
                                                                                                        client’s financial affidavit. Call 888-282-5291
                                                                                                        for pricing and delivery information.
                                                                                                        Satisfaction guaranteed. LegalWorks Software,
                                                                                                        P.O. Box 22127, Des Moines, Iowa 50325.

                                                                                                        ARCHITECTURE AND CONSTRUCTION
                                                                                                        EXPERT WITNESS — Architect, and
                                                                                                        Contractor, 34 years experience. Available
                                                                                                        to assist plaintiff or defense attorneys.
                                                                                                        Specializing in:
                                                                                                        • Building Codes
                                                                                                          Uniform Building Codes (UBC, UMC,
                                                                                                          UPC, UEC, UFC) – Americans with
                                                                                                          Disabilities Act (ADA) – OSHA –
                                                                                                          International Building Code (IBC) – Life
                                                                                                          Safety Code (NFPA 101) – Council of
26    THE
            IOWA LAWYER November 2008
                                                                                                                            CLASSIFIED ADS

  American Building Officials(CABO)                  of a facility. The personal representative or      room with the latest equipment, Includes
• Industry Standards                                 executor may be held personally liable for the     copier and furniture if needed. Two-year
  American Institute of Architects (AIA) –           amount of medical assistance paid on behalf of     lease required: $900 per month. Contact:
  Associated General Contractors (AGC) –             the recipient if a distribution is made without    515-283-0303.                        (12-08)
  National Fire Protection Association               having executed the obligations pursuant to
  (NFPA) – American National Standards               section 633.425. For further information,
  Institute (ANSI) – American Society of             contact: Ben Chatman, 877/463-7887,                                Personal
  Testing Materials (ASTM) – Underwriters            515/725-1005,        (SE)
  Laboratories (UL Standards) – American                                                                IF DEPRESSION, STRESS, ALCOHOL OR
  Society of Refrigeration Engineers                 NOTICE CRIME VICTIM SUBROGATION.                   DRUGS are a problem for you, we can help.
  Association (ASREA)                                Do you represent a client who has received         We are a non-profit corporation offering
• Usual and Customary practices                      medical benefits, lost wages, loss of support,     attorneys free help in a totally confidential
  Safety – Owner – Contractor relations              counseling or funeral and burial assistance        relationship. We are the Iowa Lawyers
  Undocumented agreements / Change                   from the Crime Victim Compensation                 Assistance Program. Under order of the
   orders / Cost overruns                            Program of the attorney general’s office?          Iowa Supreme Court, all communication
  Workmanlike craftsmanship –                        When your client applied for compensation          with us is privileged and private. Our direc-
   Construction methods                              benefits, a subrogation agreement was signed       toris a former lawyer, a recovering alcoholic
Licenses, Affiliations and Memberships:              pursuant to Iowa Code section 912.12 (1995).       and drug addict. He is a trained substance
  Architectural Licenses: Iowa, Nevada,              The attorney who is suing on behalf of a crime     abuse counselor and an Employee Assistance
  Indiana – National Council of                      victim should give notice to the Crime Victim      Professional (EAP). We cannot help unless
  Architectural Registration Boards                  Compensation Program upon filing a claim           you call — 515-277-3817 or 800-243-1533
  (NCARB) – International Conference                 on behalf of the recipient. The Crime Victim       — or message (in confidence)
  of Building Officials (ICBO) – Iowa                Compensation Program will pay a prorated  All you have to do is
  Association of Building Officials (IABO) –         share of the expenses incurred in obtaining a      ask us to contact you. No other details are
  National Safety Council (NSC) –                    judgment or verdict. Questions? Contact Rob        necessary. We will call you. The Iowa Lawyers
  Iowa/Illinois Safety Council (IILSC) –             Wheeler, Program Administrator, Crime Victim       Assistance Program also can provide speakers
  National Fire Protection Association(NFPA)         Assistance Division, 515-281-5044.                 for local bar associations. Just ask.     (TF)
John G. Kujac, NCARB • 515-795-4001        (SE)                                                (SE)

                                                                                                                   Positions Wanted
            Miscellaneous                                 Office Space Available
                                                                                                        TRANSACTIONAL POSITION —
NOTICE: — MEDICAID RECOVERY                          FOR RENT — Two office spaces in downtown           Experienced, highly motivated Iowa attorney
PROGRAMS: Casualty Lien Recovery –                   Des Moines law firm. Includes phone system
Iowa Code 249A.6 provides that the Iowa              with voicemail, copier, fax, kitchen and confer-
Department of Human Services has a lien              ence rooms. Receptionist provided. Please call
against the recovery recipients obtain               (515) 280-3300 for more information. (1-09)
from third party tortfeasors. An attorney
representing an applicant for, or recipient          OFFICE SPACE AVAILABLE — 2,118
of, assistance on a claim upon which the             square feet located on 50th Street in West
department has a lien under this section             Des Moines, 100 yards from I-235 entrance.
shall notify the department of the claim.            Excellent small firm location. For information,
For further information, contact Victoria            call Laurie at 515-223-6600.           (12-08)
Vivirito, 515/725-1007.
   Estate Recovery — Iowa Code 249A.5(2)             LAW OFFICE SHARE — Downtown Des
provides that the provision of medical assis-        Moines law office share, Midland Building,
tance creates a debt due the department from         206 6th Ave, right across the street from Polk
the individual’s estate for all medical assistance   County Court House. Two offices and recep-
provided on the individual’s behalf for those        tionist area, kitchenette. Free parking space
recipients 55 years of age or older or a resident    one block from office; free private exercise

            If you have not yet selected what firm you are going to
            use for your e-discovery and Computer Forensic support,
            we can help you with your cases. Our certified technicians
            search computer disk drives and other electronic media
            to capture hidden or deleted data.

                 Toll Free: (800) 383-6813 or Local: (515) 277-7437

                                                                                                                  IOWA LAWYER November 2008 27

and former partner/co-owner of successful
Iowa law firm seeks return to private practice.
                                                                                      Lots for Sale                     are many public hunting areas for upland
                                                                                                                        game, deer and waterfowl within easy access
Expertise in probate and estate administration,                                                                         of Lansing. The property is also within walking
                                                                  IOWA’S LITTLE SWITZERLAND — This
trust and estate planning, real estate transac-                                                                         distance of historic downtown Lansing. For fur-
                                                                  beautiful bluff-side NE Iowa property, approxi-
tions including subdivisions/abstract examina-                                                                          ther information, please contact: John O.
                                                                  mately 2 acres m/l, overlooks the scenic
tion/foreclosures, and income tax preparation.                                                                          Reich, Reich Law Firm: 515-993-4254. (12-08)
                                                                  Mississippi River. The potential for develop-
Seeking partnership/shareholder track in exist-
                                                                  ment is excellent as it is presently platted as       LAKE PANORAMA WATERFRONT LOT —
ing firm, or acquisition of existing practice with
                                                                  14 small city lots with city streets and utilities.   This lot is probably the best remaining undevel-
established clientele in the aforementioned
                                                                  The lots are within walking distance to the           oped lakefront lot on the lake. It is located on
practice areas. Inquiries will be held in confi-
                                                                  marina with boat slips and gasoline available         Horseshoe Cove with a very gentle slope to the
dence. Contact: The Iowa Lawyer, Code
                                                                  on the river – the state boat ramp is across the      lake with excellent road access summer and win-
091808, 625 East Court Avenue, Des Moines,
                                                                  road and down the hill. Fishing is varied and         ter and an excellent beach area. The lot has a
Iowa 50309; email: (12-08)
                                                                  abundant throughout the seasons, and there            beautiful view on a protected cove with excel-
                                                                                                                        lent water and located in an area of beautiful
                                                                                                                        houses. For information contact: John O.
                                                                                                                        Reich, Reich Law Firm: 515-993-4254. (SE)

                                                                                                                                   Condos for Rent
                                                                                                                        OCEANFRONT CONDO — Two-bedroom,
                                                                                                                        two-bath condo in Florida’s Fort Meyers Beach
                                                                                                                        has weeks available this fall and winter. Owned
                                                                                                                        by an Iowa lawyer with on-site professional
                                                                                                                        management, condo is just steps away from
                                                                                                                        the gulf. Spectacular views of sunsets over
                                                                                                                        Sanibel Island are a daily occurrence from the
                                                                                                                        condo’s fifth floor location readily accessible
                                                                                                                        by elevator. Condo residents also have access
                                                                                                                        to a gorgeous pool. Contact
                                                                                                                        Larry Tuel at 515-490-7785, or by e-mail
                                                                                                                        at for specific weeks
                                                                                                                        available and for rates.               (11-08)

                                                                                                                        Prime Lake-Front Lots for Sale
                                                                                                                           SUN VALLEY LAKE — Spring Fed Lake!

                                                                                                                        • Invest in or build your executive home
                                                                                                                          on combined, lots 211 & 212 Valley Dr.
                                                                                                                        • Sun Valley Lake in South Central Iowa
                                                                                                                          only 75 miles S. of Des Moines!
                                                                                                                        • These timbered lots are truly a UNIQUE
                                                                                                                          FIND and opportunity for you! Enjoy
                                                                                                                          143 shoreline Ft, situated just off the
                                                                                                                          main lake in a good sized, deep water
                                                                                                                          fishing cove with a spectacular views!
                                                                                                                        • Walk this gentle sloped .84 Acre wooded
                Insurancethat’s beenaround,                                                                               lot and find yourself in a canopy of
                                                                                                                          mature hickory & oak trees.
                       staysaround.                                                                                     • Lot dimensions are 143 shore x 157
                Malpractice coverage that goes the distance: that’s Lawyers Direct,                                       road x 240 x 246
                an insurance program created for lawyers, by lawyers. Lawyers Direct                                      Call Phyllis Lauritsen United Group, Inc.
                                                                                                                          NP Dodge 515-419-5315 or visit my
                is backed by a highly rated, financially strong insurance company that
                                                                                                                          website at for
                has an established record of providing coverage for law firms through-                                    more information.                      (SE)
                out the country. Small firms (one to ten attorneys) seeking dependable

                                                                           Lawyers Direct
                coverage should call 800.558.6688
                or visit us at

                  Lawyers Direct is underwritten by Professionals Direct Insurance Company, a member of
                 The Hanover Insurance Group, Inc., and is rated A- (Excellent) by the A.M. Best Company.
                                                                                                                         Tony Rees CPA, ABV   Dennis Taylor CPA, MBA, ABV


28    THE
            IOWA LAWYER November 2008
Flood victims’ stories –                                                               New center for treating
                                                                                       substance abuse opens
Water inside the building broke                                                        in Iowa
through the windows when water                                                             A new center for treating chemical substance
                                                                                        abuse, particularly in professionals, has opened

levels outside dropped suddenly                                                         in Bettendorf.
                                                                                     Housed in an old Carmelite convent, the center
                                                                                  expects the majority of its clients to be in its “profes-
   Crystal Usher seems to be an             It was especially devastating in      sional track.” As Executive Director Michael Shovlain
even-keeled person.                      Marty Hagge’s and Randy Nazette’s        explains: “Our research has demonstrated a dispropor-
   But when she and her partners         offices, Crystal says. In their          tionately high incidence of alcoholism and substance
and the staff at Nazette Marner LLP      offices, the outpouring of water         abuse amongst people in positions of high achievement
in Cedar Rapids saw what the 2008        even ripped the drywall off of the       — and correspondingly high stress levels. These
flood did to the possessions they        walls.                                   include attorneys, physicians and other healthcare
had lovingly gathered, and the              “All that was left was drywall tape   professionals, corporate executives, governmental
records that had been accumulated        swinging in the wind,” she says of       officials, pilots, and even clergy.”
through hours and years of work,         the sight that greeted law firm             Founded by Joe Lemon, Jr. in the old monastery that
they had to make an exception.           members when they were finally           his father Joe, Sr. had purchased and converted into a
   Located on the first floor of the     able to get into the building on         boutique hotel in the early 1990s, the Abbey’s program
First Corporate Center building at       June 18, a week after the Cedar          is based in a 12-step (Alcoholics Anonymous) founda-
the corner of 1st Steet SW and 1st       River crested.                           tion, with many complementary holistic therapies,
Avenue SW, they had nine feet of            “It was like everything in the        healthy dining and comprehensive exercise classes, as
water in the first floor — eight inch-   building was put in a giant mixer,”      well. It also provides a family program where clients’
es from the ceiling tiles — at the       she says of the scene that greeted       families can visit and participate in group therapy.
peak of the flooding last summer.        the firm’s members. “The closed             In investigating the epidemic of addiction in our
To make matters worse, the water         files were interspersed with the         society, it came as no surprise to the Lemons, both of
level outside the building dropped       active files. There were checks          whom are practicing attorneys, that the legal profession
so rapidly — 18 inches per hour,         from as far back as 1994 stuck to        is disproportionately devastated by substance abuse.
compared with the one inch per           the wall. The diplomas on the walls         “As a lawyer, I have been well aware of the annual
hour that was forecast — that the        were lost. All the computers and         surveys of attorneys reporting their dissatisfaction with
water inside broke through windows       furniture were a total loss.”            their careers,” Joe Jr. explains. “And it is no surprise
in the front of the building, and the       Even the furniture that               that the stress associated with a law practice often
resulting outflow carried many of        appeared to be intact after the          results in abuse of alcohol and controlled substances.”
the firm’s belongings with it.           water receded was ruined. When
                                                         firm members or
                                                         cleanup crew mem-
                                                         bers would open a
                                                         drawer in a desk, the
                                                         sides of the drawer
                                                         would explode out-
                                                         ward because of the
                                                         expansion of wet and
                                                         decomposed paper
                                                         inside. Desks would
                                                         collapse in a heap
                                                         when the drawers
                                                         were removed. Desks
                                                         with middle (lap)
                                                         drawers seemed to
                                                         fare a little better.
                                                            Even four-drawer
                                                         metal filing cabinets
                                                         succumbed to the
                                                         flood waters. When
                                                         workers opened the
                                                         drawers, the sides of
                                                         the drawers would
                                                         bow out.

                                                                                                   IOWA LAWYER November 2008 29
  As it was, the firm was able to save only      Wednesday the firm evacuated. It took a    extended only to those areas of the city that
the closed file records from the back            while to find a machine that could read    always flood. It wasn’t until Tuesday (June
office. “We have no archival records any-        the files on the backup drive, but once    10), the day before the evacuation, that any-
more,” Crystal says.                             found, “we lost less than a day from the   one gave serious consideration to flooding
  Fortunately, the active files and most of      server,” she says.                         in the downtown area, Crystal says. And,
the corporate books can be reclaimed, she          The Nazette firm’s understanding of      even then, most forecasters thought the
says. At the time of this interview, they        what the flood would do paralleled that    flooding might involve only a foot or two of
were sitting in a freezer in Texas.              of other firms in Cedar Rapids. As much    water in downtown businesses.
  In addition, one of the secretaries took       as a week preceding the Cedar River’s         “Our floor is 24 feet, seven inches above
the backup tape home with her on the             crest, the concerns about flooding         the normal crest of the river,” Crystal says.
                                                                                            “We thought we should be fine.”
                                                                                               Nevertheless, firm members took some
                                                                                            precautions before they evacuated on that
                                                                                            Wednesday afternoon at 2 p.m. They put
                            Good preparation means                                          computers on top of desks. They pulled
                                                                                            files out of the bottom drawers of filing
                            more than discovery...                                          cabinets. Everything was at least three feet
                                                                                            off of the floor when they left.
                                                                                               When she left at 2 p.m., she saw water
     PROGRAM                                   We’re here to protect you                    by the Wells Fargo building. She knew,
                                                                                            then that this was going to be worse than
                                                                                            forecast. “There was nothing we could do
                                                                                            at that time,” she says. “The water was
                                                                                            coming up faster than expected.
                                                                                               “I can’t tell you how difficult it was to
                                                                                            watch television and see water up to the
     Don’t forget your most important client:                                               roof of the Dairy Queen across the street,
     Yourself                                                                               and knowing what that meant for our
                                                                                            office” she adds. “It was just like every-
     You’d never represent a client without a thorough                                      thing else about this flood. The predic-
     understanding of the case and preparation for any                                      tions were way off.”
     contingency. Why wouldn’t you give your practice                                          The flood did some strange things,
     the same level of service?                                                             more like what one hears about in a tor-
     A lack of adequate liability coverage can expose                                       nado. Her desk for example had a third
     your firm to significant risk during litigation. That’s                                  of a bottle of water sitting on the surface.
                                                                                            When the members got back into the
     why The Iowa State Bar Association has partnered
                                                                                            building a week after the flood, the desk
     with Lockton Risk Services to develop the ISBA
                                                                                            was still standing upright and the partial
     Insurance Program. Developed under the guidance
                                                                                            bottle of water was sitting on the surface
     of ISBA, this program offers the Professional
                                                                                            undisturbed. The only think Crystal can
     Liability coverage Iowa law firms need to protect                                       figure is that her desk must have floated
     their practice at competitive rates that may not be                                    to the ceiling and back down again.
     available anywhere else.                                                                  As with others who’ve experienced
     Contact us for more information or to request a no-                                    major losses from natural disasters, it’s
     obligation quote:                                                                      often the things taken for granted that
                                                                                            cause the greatest distress. Crystal says the
                 800-679-7154                                                               first 10 days after the flood, when firm
                                                                                            members didn’t have computers or a serv-
                                                                   er, were terrible. The worst feeling in the
                                                                                            world is not to have a client list, she says.
                                                                                            “Recreating a trust account almost
                                                                                            brought me to my knees.”
                                                                                               Of course, there are also the costs.
                                                                                            Crystal says that conservatively the firm
                                                                                            has written checks of $183,000 just to
                                                                                            become functional again. Not included in
                    Insurance Program Administered by Lockton Risk Services                 that amount was a $10,000 check the firm
                                                                                            had to write for their share of new carpet

30   THE
           IOWA LAWYER November 2008
installed two weeks before the flood hit. At the time of this inter-
view, the firm was scheduled to receive a Service Corps of Retired
Executives grant for $20,000 to help offset some of the costs.
  Hindsight, as the old saying goes, is 20:20. Crystal ticks off a list
of practices the Nazette firm will do differently once they’re back
in their remodeled quarters:
• Purchase valuable document insurance. The firm had such
  insurance before and it is taking care of most of the cost of
  reclaiming their records.
• Store back-up drives at home.
• Run copies of wills once they are signed and put them on CDs.
• Put financial documents in divorce cases on CD.
• Definitely put more client contact records on the “C” drives of
  the firm’s computers so there is always a way to contact them.
  If that had been done before, it would have been so easy to
  pick up the computers and carry them home at the time of the
  evacuation, she says.
• Don’t bring as many family photos to the office. She had pho-
  tos of her daughter taken annually from the time she was three
  years old through her senior year of high school in her office.
  All were lost.
  “I felt so bad when I looked at everything the firm had worked
for in 26 years sitting on the curb,” she says. “If there’s a way to
prevent that, it’s worthwhile.”

This newly remodeled office at the Nazette law firm demonstrates that there is life
after a natural disaster. Firm members were scheduled to be back in their new
offices last month. (Photo by Jim Craig.)

                                                                                            IOWA LAWYER November 2008 31

                                 Objectivity — To impart an unbiased, balanced point of view.

                                 Insight — To understand your client's business and the market in which you operate.

                                 Supportability — To pass the scrutiny of your auditors, the IRS, the SEC and courts of law.

WHO SHOULD A LAW FIRM CALL       National Firm with Iowa Strength — Clifton Gunderson's local team of valuation and forensic accounting
                                 consultants are nationally known experts in their fields, with years of expertise in virtually all industries.
FOR A VALUATION CONSULTANT,      A Firm with Expertise — Our consultants are practicing accountants, valuation professionals, financial
                                 consultants, economists and information technology professionals with years of experience in complex,
    FORENSIC ACCOUNTANT OR       high-profile litigation and investigations. Our people rapidly analyze complex accounting, financial,
                                 economic and operating information to isolate key issues, and present it in a way that strengthens your
                                 firm’s or your client’s case.
           EXPERT WITNESS?
                                 A Firm who specializes in Services just for Attorneys - No matter which side of a dispute you are on,
                                 Clifton Gunderson has a long history of serving law firms that represent small-to-medium companies or
                                 corporate counsel or large companies.

                                        Offices in Cedar Rapids and West Des Moines
                              For more information, please call 319-363-2697 or 515-222-4400

Shared By: