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IA Lawyer _9-07_

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									IL_Sept07.pdf   9/26/07   9:00 PM   Page 1




                            THE                    Volume 67 Number 9 September 2007




                          IOWA LAWYER
          Promoting the bar —
          Hundreds stop by ISBA State Fair booth




                 ALSO IN THIS ISSUE
                 – New ethics opinions
                 – Partnership beween law firm
                   and corporation
                 – YLD President’s letter:
                   Sometimes it’s good to follow
                 – Lawyer’s Writ
IL_Sept07.pdf   9/26/07   9:00 PM   Page 2




                                                       National Organization of Social
                                                      Security Claimants= Representatives
                                                               560 Sylvan Avenue
                                                           Englewood Cliffs, NJ 97632




           Social Security Disability
               Law Conference
                          Our 57th national conference on Social Security law.
                                As always, the NOSSCR conference goal
                             is to enhance practitioners’ skills in providing
                                  the highest quality representation for
                                    Social Security and SSI applicants.



                               Hyatt Regency Union Station
                                   St. Louis, Missouri
                                  October 17-20, 2007

                    For more information and a complete conference schedule,
                      please visit www.NOSSCR.org or call 1-800-431-2804.
IL_Sept07.pdf         9/26/07          9:00 PM           Page 3




           THE                                                                                                                                                                                     CONTENTS
                   IOWA LAWYER
      Volume 67 Number 9 September 2007                                  President’s Letter:                                                                    Admission on motion ..........................31
                                                                           September starts – Greer ....................4                                       Classified ads ..................................32
                  Published at 521 East Locust
                    Des Moines, Iowa 50309                               Fair booth chalks up                                                                   Lawyer by day,
                    Steve Boeckman, Editor                                 another success – Toresdahl ................6
                         515-243-3179                                                                                                                             referee by night – Boeckman ..............37
                                                                         Interior walls rising in new building ..........7                                      Around the Bar
                                                                         New ethics opinions released ................10                                          Incoming law students
                                                                         YLD President’s Letter: Sometimes                                                          do public service ..........................15
                                                                           it’s good to follow – Penick ................13                                        Drake student bar named
                                                                                                                                                                    best in nation ..............................28
      THE IOWA STATE BAR ASSOCIATION                                     Transitions ......................................14
      OFFICERS 2007-2008
                                                                                                                                                                  Comments requested on
                                                                         CLE seminars ......................Centerspread                                            reappointment of judge ..................28
      President, Joel Greer                                              In-house, outside legal team boost                                                       Correction on
      President-Elect, Dan Moore                                            work completed – Jacobi & Nebel ........26                                              bench-bar event ............................35
      Vice President, Jane Lorentzen                                                                                                                              Walker to step down
      Immediate Past President, Marion Beatty                            Lawyer’s Writ: Ending sentences
                                                                                                                                                                    as Drake dean ..............................35
      Executive Director, Dwight Dinkla                                    with prepositions – Jones ..................29
                                                                                                                                                                  Drake welcomes two
                                                                         Disciplinary actions ............................30                                        new faculty members ....................36
      THE IOWA LAWYER
      (ISSN 1052-5327) is published monthly by The Iowa State
      Bar Association, 521 East Locust, Des Moines, Iowa 50309.
      Subscription included in membership fee. Non-members,
      $30 per year. Periodicals postage paid at Des Moines, Iowa.
                                                                                       THE                                                              ABOUT THE COVER
                                                                                      IOWA LAWYER
                                                                                                                    Volume 67 Number 9 September 2007


      Postmaster: Send address changes to The Iowa Lawyer,                                                                                                 By far the most popular display in the ISBA’s State
      521 East Locust, Des Moines, IA 50309.
                                                                                                                                                        Fair booth this year was the map of the state showing
      The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave.,             Promoting the bar —                                                         each of the counties with a picture of the courthouse
      Des Moines, IA 50322. Telephone (515) 270-0402.                       Hundreds stop by ISBA State Fair booth
      Art Director: Melissa Thompson                                                                                                                    for the county. Hundreds of visitors like the two women
      Classified Advertising
                                                                                                                                                        in the upper left photo came into the booth to remi-
      Qualifying ISBA members – 2 months free; $75 thereafter                                                                                           nisce about courthouses they’ve been in or driven past.
      Non-members – $110 for 100 words per insertion.                                                                                                   Volunteer attorneys had ample opportunities to answer
      See classified section for details.
                                                                                                                                                        questions for fairgoers and help steer them in the right
      For Display Advertising Rates
      Contact David R. Larson (515) 440-2810; or write:
                                                                                                                                                        direction with their legal issues. Answering questions
      The Iowa Lawyer, c/o Larson Enterprises, 909 50th St.,                                                                                            were: West Des Moines attorney Michael Roberts (cen-
      West Des Moines, IA 50265.                                                                                                                        ter) and Washington attorney Daniel Kitchen (upper
      Communicating with The Iowa Lawyer online:                                                                                                        right photo), and Moines attorney William Trout
      Send your comments and Letters to the Editor to                                                                                                   (lower left photo). West Des Moines attorney Ned
      sboeckman@iowabar.org. Please include your daytime phone
      number should we need to contact you with an answer or for              ALSO IN THIS ISSUE                                                        Miller shares a light moment with Mark and Kayla
                                                                              – New ethics opinions
      verification. Executive Director Dwight Dinkla’s electronic mail        – Partnership beween law firm
                                                                                and corporation
                                                                                                                                                        Hawkins from Adel on the last Sunday of the Fair. Read
      address is ddinkla@iowabar.org. Assistant Executive Director            – YLD President’s letter:
                                                                                                                                                        the statistics — how many volunteer hours, how many
                                                                                Sometimes it’s good to follow
      Harry Shipley’s address is hshipley@iowabar.org.                        – Lawyer’s Writ
                                                                                                                                                        pounds of Tootsie Rolls passed out, etc. — on page 6.


                                                              Iowa State Bar Association Board of Governors
     OFFICERS :                                                          DISTRICT 3B                                                                           DISTRICT 7
      Joel Greer, President                                               Patrick Murphy   LeMars                                            712-546-8844        Alan Bohanan          Iowa City          319-351-5335
        Marshalltown 641-752-5467                                         Barb Orzechowski Sioux City                                        712-252-1866        Jerry Van Scoy        Clinton            563-242-2827
      Dan Moore, President-Elect                                          Cynthia Moser    Sioux City                                        712-255-8838        Robert Waterman       Davenport          563-324-3246
        Sioux City 712-252-0020                                          DISTRICT 4                                                                            DISTRICT 8A
      Jane Lorentzen, Vice President                                      Dean Jennings                         Council Bluffs               712-256-1400        Richard Gaumer        Ottumwa            641-682-7579
        Des Moines 515-244-0111                                           Alan Anderson                         Logan                        712-644-2485        John Morrissey        Fairfield          641-472-3144
      Dwight Dinkla, Secretary                                           DISTRICT 5A                                                                           DISTRICT 8B
        Des Moines 515-243-3179
                                                                          John Powell                           Perry                        515-465-4641        Roger Huddle          Wapello            319-523-4221
      Marion Beatty, Immediate Past President
                                                                         DISTRICT 5B                                                                           IOWA JUDGES ASSOCIATION REPRESENTATIVE :
        Decorah 563-382-4226
                                                                          Elisabeth Reynoldson Osceola                                       515-281-5892        Honorable Duane Hoffmeyer
     DISTRICT 1A
                                                                         DISTRICT 5C                                                                              Immediate Past President I.J.A.
      William Werger                 Manchester           563-927-5920
                                                                          Frank Carroll                         Des Moines      515-288-2500                   LEGISLATIVE COUNSEL :
     DISTRICT 1B
                                                                          Guy Cook                              Des Moines      515-245-4300                     James Carney          Des Moines         515-282-6803
      David Roth                     Waterloo             319-233-6163
                                                                          Connie Diekema                        Des Moines      515-288-0145                   ABA D ELEGATES :
      Timothy Sweet                  Reinbeck             319-345-6496
                                                                          Mark Hanson                           Des Moines      515-288-6041                     David L. Brown        Des Moines         515-244-2141
     DISTRICT 2A                                                          Alice Helle                           Des Moines      515-242-2400                     Alan Olson            Des Moines         515-271-9100
      Philip Garland                 Garner               641-923-3792    Elizabeth Kennedy                     Des Moines      515-246-0356                     Diane Kutzko          Cedar Rapids       319-365-9461
      Karl Nelson                    Shell Rock           319-885-4346    Susan Low                             Des Moines      515-283-4072                   YLD O FFICERS :
     DISTRICT 2B                                                          Sara Sersland                         Des Moines      515-283-3151
                                                                                                                                                                 Bridget Penick, President
      William Lorenz                 Marshalltown 641-752-4271            Eric Turner                           West Des Moines 515-245-9509
                                                                                                                                                                    Des Moines 515-246-4545
      Lynn Wiese                     Iowa Falls   641-648-4261            Lu Ann White                          Des Moines      515-244-0177
                                                                                                                                                                 Matthew McDermott, President-Elect
     DISTRICT 3A                                                         DISTRICT 6                                                                                 Des Moines 515-283-4643
      William Klinker   Primghar                          712-957-5465    Timothy McMeen                        Marengo                      319-642-5521        Jeana Goosmann, Secretary
      Randy Waagmeester Rock Rapids                       712-472-3777    James Craig                           Cedar Rapids                 319-365-1184           Sioux City 712-255-8838
                                                                          Dean Einck                            Cedar Rapids                 319-365-9461        Jen Chase, Immediate Past President
                                                                          Robert Hatala                         Cedar Rapids                 319-364-0171           Waterloo 319-234-2638
                                                                          Leon Spies                            Iowa City                    319-337-4193
IL_Sept07.pdf       9/26/07   9:01 PM   Page 4




     The President’s Letter – Joel Greer



         September starts
           September may mark summer’s end,           grade that counts. Did they pass the
         but it starts a new season and a few         bar exam? Some things do improve
         other things.                                over time. The gap between taking
                                                      the bar and getting the results is not
         Schools                                      one of them!
            Though it seems the first day of            Do the rest of you still get that sinking
         school has crept earlier each year, it is    feeling when you think about bar exam
         really after Labor Day that the school       week? At least the nightmares about                      This portrait of renowned professor
                                                                                                               Alan Vestal hangs in the hallway of
         year starts in earnest. About the time       oversleeping have abated. Anyway, the                    the University of Iowa’s College of
         this is being published, I will be welcom-   vast majority of test takers will pass, so               Law. Vestal made a lasting impres-
         ing first year (L1) law students at Drake    September will see them start a career                   sion on many of the aspiring lawyers
         and Iowa.                                    in a noble profession.                                   who passed through the law college.
            Anybody have a 42 regular tan sport         Around our office, we cannot
         jacket with elbow patches I can borrow?      wait until our recent grad, Amanda
         It would be fun to dust off the old Alan     Smith, gets her license. There is a
         Vestal impersonation when back in Iowa       lot of legal work to be done!
         City. He was one great professor. I will
         not scare these kids half as much as he      Trials
         scared my class and me.                         Back in Dad’s day, September also
                                                      marked the start of trial season. The
         Careers                                      ancient Clay County Bar Association
           September is also now the month            minutes tell of an agreement to con-
         when law school graduates get the            vene no jury trials during the sum-
                                                      mer months. Perhaps it was because          Cedar Rapids attorney Gary Streit addresses volunteers of five
                                                      the courthouse was not well air con-        health organizations for the “Are You Covered” campaign.
                                                      ditioned. More likely, the lawyers          Volunteers visited every presidential campaign office in Des
                                                                                                  Moines in May 2007 to tell candidates of the need for health
                                                      liked to enjoy their summers at the
                                                                                                  care to be a number one issue during the 2008 campaign.
                                                      lake or on the links.

                                                         So, with all these September starts,           Lawyers make the best volunteers. I
                                                      let me practice my L1 address about             put our profession up against any other
                                                      looking forward to a future in the legal        for the highest volunteers per capita.
                                                      profession. The Iowa Law School staff           Insurance agents probably get second
                                                      members were smart. They gave me a              place. But we lawyers have the intellect,
                                                      time limit. And they asked that I limit         education and training that really let us
                                                      my remarks to the specific topic of             make a difference, and we tend to put
                                                      volunteerism and the law.                       our talents to use.

                                                      Volunteerism                                    The rent
                                                         “Volunteer work is the rent we pay for         The quote mentioned earlier was
                                                      the space we take up on earth.” A rare          from Muhammad Ali. Pretty good
                                                      few of you will ever guess who said that.       insight for a guy who took so many shots
                                                      Des Moines attorney Frank Harty                 to the head, huh? Ali has been a good
                                                      should, since I stole it from … I mean          volunteer. Did you know his compatri-
                                                      researched it in … something he wrote           ot, George Foreman, is not only a for-
                                                      for the American Cancer Society many            mer fighter and grill seller, but is also
                                                      years ago. The rest of you have to read         an articulate preacher and author?
                                                      a little further for the answer. Cedar
                                                      Rapids attorney Gary Streit has served          The payback
                                                      as the national president of ACS, by              Volunteering helps others, and that is
                                                      the way, and he now chairs your Ways            reason enough to do it. But another
                                                      & Means Committee.                              reason to volunteer is that it helps us,



     4    THE
                IOWA LAWYER September 2007
IL_Sept07.pdf     9/26/07      9:01 PM      Page 5




              David Beckman (left) and ISBA Assistant
              Executive Director Harry Shipley display the
              new server installed at the ISBA office. ISBA                                                        We hurt for David and his loss. The
              president from 1998-99, David has continued
              to volunteer for the ISBA and other organiza-                                                     law students I will address will do well to
              tions, including serving as chair of the                                                          strive to become lawyer’s lawyers, like
              Technology Committee for many years.                                                              David Beckman and Orville Bloethe.




                                                                   survive cancer, to cope with the pain of
                                                                   serious burns, or to muster the neuro-
                                                                   logical strength to type on a keyboard
                                                                   despite the cerebral palsy challenges
                                                                   life dealt them. The law student can
                                                                   elicit a smile, lift two hearts, and come
       Tax expert Orville Bloethe makes a point on a tax issue
                                                                   away happy to face the simple chal-
       during the ISBA’s 2006 Tax School. A 1947 graduate of       lenge of a professor like Alan Vestal.
       the University of Iowa College of Law, Bloethe received
       the university’s Alumni Association Distinguished            About the time this column’s deadline
       Service Award in 2004.
                                                                 was ticking down, Steve Boeckman noti-             Clifton Gunderson’s consultants have
         too. Personally and professionally. It                  fied me of the death of Julie Beckman,
                                                                                                                     the real world accounting, finance,
         also improves our quality of life.                      wife of David Beckman. David not only
                                                                 served as president of the ISBA, he has              economic and forensic experience
            Have you ever read a book that keeps                 also continued to chair your technology              that translates into credibility in
         coming back to you? My boomerang                        committee and to write the computer                      front of a judge and jury.
         book is Bob Buford’s “Finishing Well,”                  column for the ABA Journal. A consum-
         a gift from a sister-in-law. It                         mate volunteer himself, David also                  CHOOSE THE NATIONAL FIRM
         is based on interviews with 60 people of                served on the University of Iowa Alumni               WITH IOWA STRENGTH.
         note who “made it” in their chosen pro-                 Association board of governors.
         fessions and then went on to accomplish
         something else, mostly in the volunteer,                  Steve and I arranged to fly to the
         non-profit world. As you might and                      funeral in Burlington, but the ceilings
         frankly should expect, lawyers are well                 dropped to 100 feet, making it impossi-
         represented in it.                                      ble to land at Grinnell to get Steve. I
            Studies have shown that helping others               was lucky to get back on the ground
                                                                                                                                  Forensic Accounting
         improves our self-esteem. It helps our                  safely in Marshalltown. David, a pilot,
                                                                 will understand.                                                      Causation
         image as lawyers in general. And it also
                                                                                                                                   Damages Analysis
         helps make us better lawyers. It is a
         good way to learn more about human                         David Beckman, like Orville Bloethe, is              Intellectual Property Asset Valuation
         nature, to meet people that would not                   a lawyer’s lawyer. Early in my practice, a                 Bankruptcy and Reorganization
         otherwise find their way into our offices               probate question arose, and one of the
         and to know what challenges prospective                 senior partners suggested I call Orville.         Offices in Cedar Rapids and West Des Moines.
         jurors face, for instance.                              Having never met him, I hesitated, but                        www.cliftonvfs.com
                                                                 made the call anyway. He not only
         Count your blessings                                    answered the question, he did it gladly.                    FOR MORE INFORMATION,
           For the first year law students, I will                                                                              PLEASE CONTACT –
         suggest that if the stress ever seems too                  Years later, it was fun having cases with        Ronald E. Nielsen, CPA/ABV, ASA, CFE, CVA
         great, if they ever start feeling really                and against Orville. It is no surprise that          Shannon Shaw, CPA/ABV, ASA, CBA, BVAL
         sorry for themselves, they should go vol-               he has made the biggest leadership gift to                 Kim Babberl, CPA/ABV, CFE
         unteer to help children at the hospital                 the new ISBA building project. Similarly,                      Jessica Soppe, ASA
                                                                                                                          Sahan Totagamuwa, CPA/ABV, CFE
         school in Iowa City or at the Children’s                when stumped with a computer question,
                                                                                                                                  Brian Crotty, AM
         Hospital in Des Moines. There are bald,                 I called David years ago. He, too, gave of
         scared, eight-year-old children trying to               his time and considerable expertise.                    319-363-2697 • 515-222-4400



                                                                                                                   THE
                                                                                                                         IOWA LAWYER September 2007 5
IL_Sept07.pdf      9/26/07       9:01 PM      Page 6




     Fair booth chalks up another success
     By Brett Toresdahl, Executive Director, ISBA Public Service Project
      The Iowa State Fair is now a recent mem-             Iowa showcased the 100 majestic court-
    ory, but The Iowa State Bar Association was            houses that serve as our county seats of
    able to leave the public with a lasting                government.
    impression.                                               People would stop and stare and look for
      Once again the ISBA booth in the Varied              their counties. Many asked for copies of
    Industries Building at the Fair was a great            the map. Due to its popularity, the ISBA        Karmen Shriver, Jeanette Armstrong and Lois Hanson
                                                                                                           point out pictures of courthouses on the display in the
    success. Thousands of people filed past,               will be making the courthouse display           ISBA’s booth at the State Fair. Hanson and Shriver
    some stopped to pick up information or                 available in poster size suitable for fram-     from Mason City and Armstrong from Osage were
    speak to one of the attorney volunteers.               ing. Almost all of the attorney volunteers      among hundreds of people who stopped by the booth
                                                                                                           to look at the courthouses.
      The highlight of the booth this year was             requested copies to display in their offices.
    the enlarged display of “Courthouses in                   During the 11-day run of the fair, hun-       the “Iowa Lawyers Can Do!” brochure that
    Iowa.” The eight-foot by six-foot map of               dreds of pieces of material were shared with     helps the public understand services that
                                                             the public. The special edition of the Iowa    attorneys in Iowa can provide them. A small
                                                             Lawyer this year highlighted the 25 years      wallet-size card was also distributed at the fair
                                                             of Mock Trial in Iowa. As in the past,         that provides a “tip chart” on one side and
                                                             the “Handbook for Older Iowans” and            an advertisement for the legal profession on
                                                             the “On Your Own” booklets were very           the other side. These ads were also devel-
                                                             popular, along with many of the other          oped by the ISBA Public Image Task Force.
                                                             ISBA publications.                                Following are some statistics related to
                                                                For the kids, the ISBA Public Outreach      the booth:
                                                             committee created a “Know Your Rights”            • 103 attorney volunteers spent more than
                                                             poster that included activities. John               300 hours working in the booth.
                                                             Wheeler and the ISBA Center for Law               • ISBA staff provided 200-plus hours plan-
                                                             and Civic Education created a curriculum            ning for, setting up, working and tearing
     Administrative law judge Mickie McGovern (fore-                                                             down the booth.
     ground) laughs with visitors to the ISBA State Fair    for educators to accompany the poster.
     booth on the last afternoon of the fair.                  The ISBA Public Image task Force created        • Volunteers handed out more than 1,500
                                                                                                                 25th Anniversary Mock Trial inserts, 850
                                                                                                                 Older Iowan Handbooks, 5,200 tip cards
                                                                                                                 and 2,000 posters for kids.
                                                                                                               • Fairgoers enjoyed 335 pounds, or about
                                                                                                                 50,960 pieces, of tootsie rolls — a new
                                                                                                                 record.
                                                                                                     Thanks to all of the attorney volunteers who
                                                                                                   took time to volunteer at the booth. Also a special
                                                                                                   thanks to the entire staff of the ISBA who worked
                                                                                                   very hard to make this year’s booth another success.
                                                                                                     The number of people who visited the booth,
                                                                                                   looked at the courthouse map and gained a more
                                                                                                   favorable impression about the legal profession
                                                                                                   in Iowa was countless.




     6   THE
               IOWA LAWYER September 2007
IL_Sept07.pdf   9/26/07     9:01 PM    Page 7




     Interior walls rising in bar’s new building
       Construction crews remodeling the old        Bruce Becker               Grinell           Robert Malloy          Ames
    railway freight house into the ISBA’s new       Beecher, Field, Walker,                      Charles Manly III      Marshalltown
    headquarters have progressed to the point       Morris, Hoffman                              Charles Manly          Oskaloosa
    where they are starting to build the interi-    & Johnson                  Grinnell          Jerald Martin          Des Moines
    or rooms.                                       Gilda Boyer                Des Moines        James McCarthy         Toledo
       As of presstime in late August, crews had    Bethany Brands             West Des Moines   McEnroe, Gotsdiner,
    installed the metal studs for the offices,      Donald Brown               Roland            Brewer &
    bathrooms and CLE room on the second            John Bunz                  Forest City       Steinbach, P.C.        Des Moines
    floor and had begun forming the door            Richard Calkins            Cedar Falls       Keith McKinley         Hawarden
    frames and headers with wood. They also         Stephen Clarke             Des Moines        Walter McManus Jr.     Albia
    had installed some of the metal studs for       Jeff Clayton               Spirit Lake       Boyd Milroy            Whittemore
                                                    Daniel Condon              Iowa City         Gerald Monk            De Witt
    the offices and conference room on the
                                                    Robert Cowie               Iowa City         J. Joseph Narmi        Charles City
    main floor.
                                                    Michael Cunningham         Okoboji           Gene Needles           Council Bluffs
       All of the offices and most of the other
                                                    John De Koster             Grundy Center     Elizabeth Nigut        Hampton
    rooms, except for the bathrooms, will have      Philip Dorweiler           Iowa City         John O’Connor          Mason City
    eight-foot high solid walls with glass above.   Robert Downer              Elkador           Rick Olson             Des Moines
    This will allow light from the windows to       John Duffy                 Allison           Kathryn Overberg       Perry
    stream into the interior of the building        Jay Eaton                  Britt             Donna Paulson and
    and will permit a view of the exposed           Robert Eggert              Goldfield         Thomas Press           Waterloo
    brick walls and massive roof beams              Ehrhardt, Gnagy                              Phyllis Pearson        Des Moines
    from anywhere in the building.                  & McCorkindale             Clive             Jim Pickner            Rock Island, Ill.
       Most of the heat pumps in the mechani-       Ronald Fadness             West Des Moines   Haskell Pitluck        West Des Moines
    cal rooms on the second and main floors         Franklin Feilmeyer         Dubuque           James Pugh             Des Moines
    are ready to be hooked up to the geother-       Timothy Finn               Des Moines        Eugene Radig           Iowa City
    mal field under the parking lot. The build-     Monty Franklin             Davenport         David Remley           Ames
    ing will be heated with radiant in-floor        Robert Fulton              West Des Moines
    heat and cooled with exposed, overhead          Gilloon, Wright
    bright-aluminum ducts.                          & Hamel, P.C.              West Des Moines
       In addition, the ISBA has closed on the      Donald Gloe                Urbandale
    purchase of 16,000 square feet of addition-     Jeanne Goche               Waterloo
    al property adjacent to the railroad tracks     Katie Goshorn              Ottumwa
    on the south edge of the property. The          Gray, Stefani &
    purchase gives the association the option       Mitvalsky, P.L.C.          Shelby
    of increasing the parking lot space or          Tom Hamilton               Norwalk
                                                    James Hanks                Guttenberg
    building additional space in the future if
                                                    Henry Harmon               Waterloo
    such space is needed.
                                                    Hayes Lorenzen
       Progress on raising the money to pay for     Lawyers, PLC               Waterloo
    the building continues at a steady pace as      Heslinga, Heslinga,
    well. Total contributions currently stand at    Dixon, Moore & Hanson      Anamosa
    $2,518 million, or about 84 percent of the      High, Bowden &
    goal of $3 million.                             Stockdale Attorneys
       More than 100 individuals and firms          At Law                     Manning
    have sent in pledges and contributions          Earl Hill                  Council Bluffs
    to the building campaign since the press        Philip Hill                Shepherdstown,
    date for the August Iowa Lawyer. Those                                     W.Va.
    individuals and firms include:                  Russell Hill               Ankeny
                                                    Hinshaw, Danielson,
    Ivan Ackerman              Sac City             Kloberdanz & Haney, P.C.   Des Moines
    Richard Allbee             Des Moines           William Hochstetler        Iowa City
    Robert Allbee              Ankeny               Duane Hoffmeyer            Osage
    Robert Andres              Waverly              Adam Jones                 West Des Moines
    Mary Baird Krafka          Dubuque              Carlton King               West Des Moines
    David Baker                Iowa City            Don Kliebenstein           Decorah
    Steven Bakke               Iowa City            Kathleen Law               Cedar Rapids
    Edwin Bartine II           Iowa City            Greg Lievens               Des Moines
    Patrick Bauer              Ankeny               Christine Luzzie           West Des Moines
    Beatty & Miller, P.C.      Iowa Falls           Jere Maddux                Sioux City
                                                                                                    THE
                                                                                                          IOWA LAWYER September 2007 7
IL_Sept07.pdf      9/26/07   9:01 PM   Page 8




     James Roan                Charles City         These individuals and firms have previously
     Dawn Roberts              West Des Moines
     Richard Santi             Decorah
                                                    donated to the building campaign:
     Michael Schilling         Des Moines           Helen Adams, Des Moines; Ahlers & Cooney, P.C., Des Moines; Paul Ailslieger, Wichita, KS;
     Timothy Schloss           Waukee               Harvey Allbee, Muscatine; Alan Anderson, Logan; Steven Anderson, Iowa City; Roberta
     Schuster & Mick,                               Anderson, Mason City; James Andreason, Algona; Arends & Lee, Humboldt; Austin,
     Attorneys At Law          Des Moines           Haberkorn & Kippley, Rock Rapids; Brad and Sally Austin, West Des Moines; Joan Axel,
     Annette Scieszinski       West Des Moines      Muscatine; Babich, Goldman, Cashatt & Renzo, P.C., Des Moines; Baker, Johnsen &
     James Smith               West Des Moines      Sandblom, Humboldt; Ball, Kirk & Holm PC, Waterloo; Roxanne Barton Conlin, Des
     Spellman, Spellman,                            Moines; Beattie Beattie Law Firm PC, Des Moines; Marion and Peggy Beatty, Decorah; Belin
     Spellman, Spellman,                            Lamson McCormick Zumbach Flynn, Des Moines; Marvin Berenstein, Sioux City; Vanessa
     Kealhofer & Spellman      Crystal Lake, Ill.   and Brett Blanchfield, Des Moines; Robert Blink, West Des Moines; Orville and Loanna
     Robert Story              Gardenerville,       Bloethe, Victor; Steve Boeckman, Clive; J. Scott Bogguss, Marion; Dawn and Jason Boucher,
                               Nev.                 West Des Moines; Lynn Bowman, Des Moines; Willard Boyd III, Des Moines; Bradley Bradley
     Joseph Straub             Cedar Rapids
                                                    And Riley, PC, Cedar Rapids; Allen Brennecke, Clemons; Honorable James Brown, Osceola;
     Jon Sullivan              Ames
                                                    Brown, Winick, Graves, Gross, Baskerville, P.L.C., Des Moines; Bruner & Bruner LLP,
     Paul Thielking            Humeston
     Brian Thul                Sigourney            Carroll; Russell Buchanan, Algona; Claus Bunz, Clive; Cambridge Cambridge, Feilmeyer,
     Terry Timmins             West Des Moines      Landsness & Chase, P.L.C., Atlantic; Jim Carney, Des Moines; Thomas Carpenter, Des
     Trca Law Firm             Cedar Rapids         Moines; Carr Carr & Carr Lawyers, Manchester; Frank Carroll, Des Moines; Ryan Carter,
     James Twedt               Vinton               Cedar Rapids; Jen & Chad Chase, Waterloo; Earl Check, Madrid; Deanna Clingan-Fischer
     Roy Vanderkamp            Iowa City            and Clint Fischer, Ankeny; Color FX, Urbandale; Roxanne Conlin, Des Moines; Guy Cook,
     David Walker              West Des Moines      Des Moines; Nicholas Cooper, Des Moines; John Cortesio Jr., Des Moines; James Craig,
     Christopher Wallace       Strawberry Point     Cedar Rapids; Crawford Law Firm, Des Moines; John Crouch, Indianola; Kathrine Cutler,
     John Wehr                 Burlington           Council Bluffs; Davis, Brown, Koehn, Shors & Roberts, P.C., Des Moines; Gerald Denning,
     Patricia Weir             Hull                 Wilton; Tracy Deutmeyer, Sioux City; Anita Dhar, ; L. Call Dickinson, Jr., Urbandale;
     J. Patrick White          Whittemore           Dickinson Dickinson, Mackaman, Tyler & Hagen P.C., Des Moines; Connie Diekma,,
     Gregory Wilcox            Grundy Center        Johnston; Dwight Dinkla, Guthrie Center; Raymond Dipaglia, Des Moines; Steve and Allison
     Philip Willson            Cresco
                                                    Drahozal, Dubuque; Susan Dulek, Iowa City; Dutton, Braun, Staack & Hellman, P.L.C.,
     Thomas Wine               Burlington
                                                    Waterloo; Eggert, Erb, Frye and Mulcahy, Charles City; Michael Ehlers, Bettendorf; Dean
     Marvin Winick             Des Moines
     Charles Wolle             Marshalltown         Einck, Cedar Rapids; H Elvin Erdahl, Monticello; David Erickson, West Des Moines; Matthew
                                                                                               J. Erickson and Margaret L. Lindgreen, Postville;
                                                                                               George Fagg, Johnston; Brian and Sara Farrell,
                                                                                               Cedar Rapids; Kristine Fasano, Des Moines; Finley,
                                                                                               Alt, Smith Law Firm, Des Moines; James Fisch,
                                                                                               Burlington; Susan Flander, Mason City; Habbo
                                                                                               Fokkena, Clarksville; C. Carleton Frederici, Des
                                                                                               Moines; Edward Gallagher, Jr., Waterloo; Sheldon
                                                                                               Gallner, Council Bluffs; Gallner & Pattermann,
                                                                                               P.C., Council Bluffs; Philip Garland, Garner; Lee
                                                                                               Gaudineer, West Des Moines; Richard Gaumer,
                                                                                               Ottumwa; James George, Le Mars; Dale Goeke,
                                                                                               Waverly; Quentin Goeke, Waverly; David Good,
                                                                                               Cedar Rapids; Jeana Goosmann, Sioux City; Hugh
                                                                                               Grady, Des Moines; Bruce and Jeanne Graves,
                                                                                               West Des Moines; Joel and Sharon Greer,
                                                                                               Marshalltown; Mary Grefe, Des Moines; Grefe &
                                                                                               Sidney, P.L.C., Des Moines; Roger Grefe, West
                                                                                               Des Moines; Albert Greffenius, Des Moines;
                                                                                               Elizabeth Gregg Kennedy, Des Moines; Barry
                                                                                               Griffith, Knoxville; Elizabeth Grob, Waukee;
                                                                                               Joseph Halbur, Carroll; Edgar F. Hansell, Des
                                                                                               Moines; McClintock & Riley Hansen, McClintock
                                                                                               & Riley, Des Moines; Mark Hanson, Des Moines;
                                                                                               Hardin Hardin County Bar Association, Eldora;
                                                                                               Marc and John Harding, Des Moines; Harding
                                                                                               Law Firm, Des Moines; Harned & McMeen
                                                                                               Harned & McMeen, Marengo; Charles
                                                                                               Harrington, Des Moines; Charles Harris, Des
                                                                                               Moines; Gayla Harrison, Ottumwa; Frank Harty,
                                                                                               Des Moines; Robert Hatala, Cedar Rapids;

     8   THE
               IOWA LAWYER September 2007
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    John Hayek, Iowa City; Heidman Heidman, Redmond, Fredregill, Patterson, Plaza, Dykstra & Prahl, L.L.P., Sioux City; TJ Heronimus,
    Grundy Center; Philip Hershner, Marion; Luther Hill, Des Moines; Richard Hinson, West Des Moines; Will and Dixie Hoekman, Des
    Moines; James Holcomb, Des Moines; Hopkins & Huebner, PC, Des Moines; Joseph Hrvol, Council Bluffs; Roger Huddle, Wapello;
    Stewart Huff, Sioux City; Lincoln Inne, Des Moines; Marion James, Creston; Dwight James, Des Moines; Dean Jennings, Council Bluffs;
    William and Connie Joy, Perry; Virginia Poffenberger, James Joy and William Joy in memory of Charles and Loraine Joy, Perry; David
    Jungman, Greenfield; Jack Kanda, Woodward; David Katsumes, Elgin; Janice Kerkove, Cedar Rapids; Gary Kimes, Osceola; Kintzinger Law
    Firm, Dubuque; Daniel Kitchen, Washington; Don Klein, Rock Valley; Kliebbenstein, Heronimus, Schmidt & Harris, Grundy Center;
    Adrian Knuth, Anamosa; Elizabeth Kruidenier, Des Moines; Sarah Kuehl Kleber, Sioux City; John Kuehnle, Mechanicsville; Christina Kuhn,
    Des Moines; Diane Kutzko, Cedar Rapids; Lane & Waterman, LLP, Davenport; Thomas Lawler, Parkersburg; Thomas Leahy, Windsor
    Heights; Lederer Weston Craig PLC, Cedar Rapids; Legal Directories Publishing Co., Dallas, TX; Lincoln Inn, Des Moines; Patricia &
    Tony Lipski, Washington; Honorable John Lloyd, Osceola; Llloyd, McConnell & Davis, Washington; Locher, Pavelka, Dostal, Braddy &
    Hammes, Council Bluffs; Lockton Risk Services, West Des Moines; Jane and John Lorentzen, Des Moines; William J. Lorenz and Dr. Ann
    Gessner, Marshalltown; Susan Low, Des Moines; Timothy Lynch, Decorah; Lynch, Greenleaf & Michael, LLP, Iowa City; Lynch Dallas,
    P.C., Cedar Rapids; Earl Maahs, Spirit Lake; Thomas Manor, Cedar Rapids; Stanley Marshall, Ackley; David McCoid, Mount Pleasant;
    Matthew McDermott, Des Moines; Arthur McGiverin, Ottumwa; Miki McGovern & Jack Janda, Woodward; Timothy McMeen, Marengo;
    James Mefford, Chariton; Michael Meloy, Bettendorf; Raymond Meyer, Chariton; John Miller, Burlington; Minnesota Lawyers Mutual
    Insurance Company, Minneapolis, MN; Moore, McKibben, Goodman, Lorenz & Ellefson, LLP, Marshalltown; Dan and Julie Moore, Sioux
    City; Richard Morr, Chariton; John Morrissey, Fairfield; Burns Mossman, Des Moines; Thomas Mott, Newton; Patrick Murphy, Lemars;
    Thad Murphy, Dubuque; Thomas Murphy, Sumner; Murphy Murphy, Collins & Bixenman, P.L.C., LeMars; John and Eden Murray, Storm
    Lake; Madeline Neiman, Des Moines; Donald Neiman, West Des Moines; Michel Nelson, Carroll; James Nepple, Muscatine; Greg and
    Debbie Neumeyer, Cedar Rapids; Nyemaster, Goode, West, Hansell & O’Brien P.C., Des Moines; Steve Oeth, Boone; Alan and Carla
    Olson, Des Moines; R. Craig Oppel, Wilton; Barbara Orzechowski, Sioux City; Suellen Overton, Council Bluffs; Eliza Ovrom & Mark
    Schuling, Des Moines; Richard Parker, Nevada; Parker Parker Law Firm, Nevada; Laura Parrish Maki, Decorah; Frank Pechacek, Council
    Bluffs; Sean Pelletier, Urbandale; Bridget and Wes Penick, Clive; S. David Peshkin, Scottsdale, AZ; Deborah Petersen, Council Bluffs;
    Richard Peterson, Council Bluffs; Steven Petosa, Clive; Matthew and Emily Pittenger, Sioux City; Virginia Poffenberger, Tierra Verde, FL;
    Polk County Bar Association, Des Moines; Porter, Tauke & Ebke, Council Bluffs; Edward and April Poulson, West Ds Moines; John Powell,
    Perry; Matt & Tamera Preston, Cedar Rapids; Pulkrabek Pulkrabek Law Office, PLC, Iowa City; Joe and Eva Quinn, Des Moines; Ryan
    Rasmussen, Waverly; Kent Reiff, Altoona; Robert Reimer, Denison; Reynolds & Reynolds, Inc., Des Moines; W. Ward Reynoldson, Des
    Moines; Elisabeth and Robert Reynoldson, Osceola; Ricollo Riccolo & Semelroth, P.C., Cedar Rapids; Allan Richards, Tama; Michael
    Rickert, Reinbeck; Vern Robinson, Lakeside, Mich.; David Roth, Waterloo; Steven Roy, Des Moines; Anna Rybicki, CedarRapids; Bill and
    Hon. Rosemary Sackett, Milford; David Sallen, Fort Madison; JC and Trudy Salvo, Harlan; Dick Schlegel, Ottumwa; John Schmidt, Des
    Moines; Schoenthaler Law Office, Maquoketa; Mark Schouten, Norwalk; Janet Schroeder, Lemars; Louis Schultz, Williamsburg; Michael
    Sciortino, Council Bluffs; Tim Semelroth, Cedar Rapids; Sara Sersland, Urbandale; Karen Shaff and Steven Jayne, Des Moines; Gail
    Sheridan-Lucht, Ankeny; Harry and Traci Shipley, Des Moines; Shirley Shirley, Powell & Finneseth, P.L.C., Perry; John Shors, Des Moines;
    Shuttleworth Shuttleworth & Ingersoll, P.L.C., Cedar Rapids; Ross Sidney, Sarasota, FL; Skinner Law Office, Altoona; H. Richard Smith,
    Des Moines; William Sidney Smith, Des Moines; Alissa & Jay Smith, West Des Moines; Leon Spies, Iowa City; Stanley, Lande & Hunter,
    Muscatine; Fred Stiefel, Victor; Gary Streit, Cedar Rapids; Sturges Law Firm, Le Mars; Sullivan & Ward, P.C., West Des Moines; Bryan
    Swaim, Harlan; Steven Swanson, Burlington; Timothy Sweet, Reinbeck; Swisher & Cohrt, PLC, Waterloo; Telpner, Peterson, Smith,
    Ruesch, Thomas & Simpson, Council Bluffs; Stephen Terrill, Ames; The Dorsey & Whitney Foundation, Minneapolis, MN; The Iowa
    Savings Bank Charitable Foundation, Carroll; Lloyd Tinkle, Sioux City; Christopher Tinley, Omaha, NE; David and Jill Tracey,
    Manchester; Jill Tracey, Manchester; Mary Lou Tracey, Manchester; Michael Treinen, Waterloo; Turner, Jones & Bitting, Clarinda; Paul
    Tyler, Des Moines; Jennifer Tyler, Des Moines; Murray Underwood, Spencer; US Bank, Minneapolis, MN; Margaret Van Houten, West Des
    Moines; Jerry Van Scoy, Clinton; Van Scoy & Kross, P.C., Clinton; Joseph Van Winkle, Des Moines; D. Duane Vieth, Washington, DC; Tom
    Vilsack, Des Moines; Karen Volz, Cedar
    Rapids; Randy Waagmeester, Rock Rapids;
    Bob and Kim Waterman, Bettendorf;
    Catherine Waterman in Memory of Robert
    VP Waterman, Sr., Davenport; William
    Werger, Manchester; Alison Werner Smith and
    D. Tyson Smith, Iowa City; Thomas Wertz,
    Cedar Rapids; Wertz Law Firm, Cedar Rapids;
    Lu Ann White, Des Moines; Whitfield & Eddy,
    P.L.C., Des Moines; Lynn Wiese, Iowa Falls;
    Wilcox, Polking, Gerken, Schwarzkopf &
    Copeland, P.C., Jefferson; Richard Wilson,
    Lenox; Wilson & Pechacek, P.L.C., Council
    Bluffs; Harold Winston, Mason City; Wolf,
    Whorley, De Hough & Schreurs, Sheldon;
    Richard Zellhoffer, Waterloo.
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     New ethics opinions released
      The ISBA Committee on Ethics and                Furthermore, the committee is of the                Clearly this is the type of situation that
    Practice Guidelines recently issued six         opinion that the lawyer may take new mat-          is envisioned by comment [2] and counsel
    new ethics opinions clarifying specific         ters or cases for appointed or private clients     would owe no professional duty to the
    points within the Iowa Rules of                 who have previously had matters or cases in        communicant. The information voluntari-
    Professional Conduct.                           the office of county attorney, provided the        ly transmitted would not be considered
      Below are three of the six new opinions.      lawyer was not involved in the prior matter        confidential.
    The remaining three will be published in        or had actual access to confidential or attor-        While the above scenario would seem
    subsequent issues of the Iowa Lawyer:           ney-client privileged information concern-         fairly straightforward we chose to issue a
                                                    ing the client that would be relevant in the       formal opinion and guidance to the Bar
     Ethics Opinion: 07-01                          present matter. Cf. Ethics Opinion 98-25.          because of the hidden complexities in
     Retired assistant county attorney                All concerned are urged to take guidance         applying comment [2] in a business envi-
     accepting private clients                      from Iowa Supreme Court Attorney                   ronment which relies heavily on the
                                                    Disciplinary Board v. Johnson, 728 N.W.2d          Internet and other forms of electronic
     Rule 32: 1.9                                                                                      communication for marketing.
       The Committee has received a request         199 (Iowa, 2007).
                                                                                                          Gone are the days when professional
    for an opinion regarding the ability of a
                                                    Opinion No. 07-02                                  relationships began with an in-person
    recently-retired assistant county attorney
                                                    Communication from and                             consultation. In today’s fast paced business
    to accept criminal or juvenile court
                                                                                                       environment, clients have many means to
    appointments or privately represent indi-       with potential clients                             use to approach and give information to
    viduals in the criminal justice system in       Rule 32:1.18 comment [2]                           counsel in an attempt to secure the lawyer’s
    matters which are being processed by the           We have been asked to advise regarding          services. Furthermore due to the pace of
    county attorney’s office. The concern is        the application of comment 2 to the Iowa           technological advancements any such list
    whether this would constitute a conflict of     Rule of Professional Conduct 32:1.18 con-          would soon be incomplete.
    interest under Iowa Rule of Professional        cerning duties to potential clients and when          However, recognizing that all issues
    Responsibility 32.1.9.                          a lawyer may be disqualified from accepting        regarding the application of comment [2]
       As our prior committee noted in Ethics       engagement in matters adverse to the               must be resolved on an ad hoc basis, cer-
    Opinion 98-09, Iowa has no “cooling off”        prospective client. The comment states:            tain guidelines can be suggested. A close
    period. This committee is of the opinion           “[2] Not all persons who communicate            read of comment [2] reveals two require-
    that there is no conflict or violation of       information to a lawyer are entitled to pro-       ments: unilateral communication in con-
    Iowa Rule of Professional Responsibility        tection under this rule. A person who com-         junction with a reasonable expectation
    Rule 32:1.9, if the lawyer limits representa-   municates information unilaterally to a            that the lawyer would be willing to discuss
    tion to court-appointed or private clients,     lawyer, without any reasonable expectation         the possibility of forming a client-lawyer
    with whom the lawyer has had no previous        that the lawyer is willing to discuss the possi-   relationship. For purposes of guidance we
    involvement in the prior position as assis-     bility of forming a client-lawyer relationship,    will address the latter requirement first
    tant county attorney and whose matter           is not a ‘prospective client’ within the mean-     for it is the easiest to consider.
    or case was not pending in that office          ing of paragraph (a))”                                Almost all public marketing involves a
    during the time in which the lawyer                In the matter at issue, counsel was con-        communication that the lawyer is available
    was so employed.                                tacted by and met with a potential client          and willing to discuss the possibility of
                                                    in a setting which gave rise to an expecta-        forming a client relationship, for to do
                                                    tion that counsel was willing to discuss the       otherwise would be counter-productive.
                                                    possibility of forming a client-lawyer rela-       Consequently resolution of comment [2]
                                                    tionship. Clearly Rule 31:1.18 applied to          issues will usually revolve around an analy-
                                                    the relationship.                                  sis of the first requirement, that of unilat-
                                                       However while in the process of deter-          eral communication.
                                                    mining whether to accept the case, coun-              Analysis of the unilateral communication
                                                    sel received unsolicited e-mail correspon-         requirement is in essence a search for bilat-
                                                    dence from the potential adverse party             eral communication. Did the lawyer say or
                                                    requesting representation and supplying            do anything that enticed or prompted the
                                                    the lawyer with what would otherwise be            potential client to contact the lawyer and
                                                    considered confidential information.               transmit confidential communication?
                                                    Counsel had no prior relationship with                One could argue that all communication
                                                    the potential adverse party nor did the            is bilateral because the very fact of the
                                                    lawyer engage in public marketing that             lawyer’s marketing is an enticement or con-
                                                    suggested the adverse party could unilater-        sent to contact. However the mere fact of a
                                                    ally disclose factual information to the           request to contact is not in itself a request
                                                    lawyer with a concomitant expectation              for information.
                                                    of confidentiality.

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                IOWA LAWYER September 2007
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       For example, a law firm that publishes its      an expectation of confidentiality.                forms of media which are allowed by the
    name, address and telephone number in                 A telephone voice mail message that sim-       Iowa Rules of Professional Conduct and
    the telephone director invites the public to       ply asks the callers for their contact details    in the manner allowed by the rules, adver-
    call. It does not, however, suggest anything       would not in and of it self rise to the level     tise for clients who may have a claim or
    more. By using the term unilateral in con-         of a bilateral communication, but a mes-          cause of action that could be brought
    junction with the second requirement of a          sage that encouraged the callers to leave a       as a class action?
    reasonable expectation we believe comment          detailed message about their cases could in          Initially we note that the prior committee
    [2] requires broader definition.                   some situations be considered bilateral.          has issued three opinions regarding class
       In essence the call and the all-important          In conclusion, we suggest that counsel         action matters. The initial opinion, of Feb.
    aspect of the sharing of confidential infor-       consider the following factors in determin-       21, 1979, No. 79-11, concerned solicitation
    mation must be prompted by something               ing whether comment [2] is applicable:            of prisoners regarding a potential class
    more than mere lawyer-contact details.                1. Examine and identify all communica-         action. It prohibited the practice on the
    Reasonable people do not share their               tion to the public in general and prospec-        basis that (at that time) direct mail solicita-
    confidential information with strangers            tive client in particular to determine if it      tion was prohibited. With the adoption of
    unless there is an expectation of privacy.         can be interpreted to create a reasonable         Iowa Code of Professional Responsibility DR
    The focus of the inquiry is whether coun-          expectation that the lawyer or law firm was       2-101(4)(b) and (c), Opinion 79-11 is no
    sel did anything that would lead a reason-         willing to discuss the possibility of represen-   longer relevant. The second opinion
                                                                                                         regarding class action occurred later that
    able person to believe that he/she was             tation.
                                                                                                         year on Dec. 27, 1979, No. 79-75, and con-
    permitted to share confidential informa-              2. Determine if the lawyer or law firm did,
                                                                                                         cerned what a class action client could do
    tion and the confidentiality would be              said or published anything that would lead
                                                                                                         to associate others in the class. The opin-
    respected. While this focus is easily              a reasonable person to believe that he/she
                                                                                                         ion attempted to set a protocol that
    stated, it is difficult to apply.                  could give or share factual or other confi-
                                                                                                         lawyers could use in associating members
       Most individuals rightfully believe that        dential information with the lawyer without       for a class action. It stated: “It is the rule
    what they tell and give a lawyer is confiden-      first meeting the lawyer and establishing a       in the case of any proposed class actions
    tial. The fact of the relationship itself proves   client-lawyer relationship.                       that the individual client must make the
    the required level of expectation. In the             If both factors are answered in the affir-     decision to expand the suit into a class
    normal sequence of events the relationship         mative, the lawyer or law firm will not be        action after a full explanation of all of the
    precedes the disclosure of information.            able to claim the protection afforded by          foreseeable consequences has been given
    Unfortunately in comment [2] situations,           comment [2]. In fashioning their public           by the attorney or attorneys involved.”
    the situation is often reversed requiring fur-     marketing strategy, counsel may well wish            DR 2-104(5) is specific in stating that a
    ther scrutiny of the lawyer’s conduct. For         to consider some form of notice which             lawyer “may accept, but shall not seek,
    example, an Internet web page, which mar-          could be used to set the confidentiality          employment from those contacted for the
    kets the lawyer’s services and gives contact       expectation level of potential clients.           purpose of obtaining their joinder.” Your
    details, does not in and of itself support a                                                         suggestion that your client contact “those
    claim that the lawyer somehow requested or         Opinion No. 07-03                                 other injured parties and have them contact
    consented to the sharing of confidential           Opinion regarding Class                           their own attorney, and then have the attor-
    information. However, an Internet web              Action Solicitation                               ney contact” you would appear to be the
    page that is designed to allow a potential         Revisitation of Opinion 93-13                     best and most acceptable solution to your
    client to submit specific questions of law or        We have been asked to revisit Opinion 93-       client’s dilemma. It is apparent that while
    fact to the lawyer for consideration would         13 concerning advertising for potential class     this method is apparently practical and
    constitute bilateral communication with            action clients. May a lawyer, using any or all    proper, it is subject to abuse.




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       We would suggest that you meet with               Four years later, the Committee issued        appreciate the scope of DR 2-104(A)(5),
    your client and advise her exactly what you       Opinion 93-13 entitled “Class Action:            now I.R. Prof. C. 32:8.(a)(3)(c). By the
    feel is necessary in order to properly prose-     Advertising.” By this time, the Iowa Code of     very wording of the rule, it applies to situ-
    cute the lawsuit. Then, as aforementioned,        Professional Responsibility had been amend-      ations where the lawyer already has an
    you should afford a full explanation of all of    ed to adopt rules governing solicitation by      existing client who has made the determi-
    the foreseeable consequences.                     mail, i.e. DR 2-101(B)(4)(b) and (c).            nation that there is a potential class action
       Obviously, you cannot allow any client            A close read of Opinion 93-13 is impor-       claim and is merely attempting to assem-
    to directly solicit business for you. We feel     tant: “Opinion: Solicitation advertising by      ble a sufficient number of other individu-
    that if you make a full disclosure to your        mail is provided for in DR 2-101(B)(4)(b)        als who can be joined together to institute
    client of all of the requirements, facts, cir-    and (c) of the Iowa Code of Professional         class action proceedings.
    cumstances, costs, liabilities and potential      Responsibility for Lawyers. You ask whether,        The narrow issue addressed by the rule
    for recovery, your client can then deter-         pursuant to the last paragraph of DR 2-          and Opinion 93-13 is how that is to be
    mine what action, if any, she chooses to          101(B)(4)(b), this committee can author-         accomplished. Strangely, Opinion 93-13
    take. We would suggest that if she does           ize such advertising other than by mail in       fails to mention Opinion 79-75 which
    wish to contact other potential members           connection with “a potential class action.”      gives specific guidance on the issue.
    of the class, she should be advised that             The last paragraph of DR 2-101(B) (4)(b)         With that background, we turn to the
    she should instruct said individuals to           does not authorize the committee to              question before the committee: May a
    contact their own attorneys who might             change the Disciplinary Rules. It only           lawyer, using any or all forms of media
    then wish to contact you.                         authorizes the committee, after review of        which are allowed by the Iowa Rules of
       Of significance is the fact that Opinion       matter submitted, to make a finding as to        Professional Conduct and in the manner
    79-75 is premised upon the fact that the          whether the copy in the advertisement is         allowed by the rules, advertise for clients
    lawyer already has a client and a determina-      false, deceptive or misleading.
                                                                                                       who may have a claim or cause of action
    tion has been made by the client and lawyer          It is the opinion of the committee that DR
                                                                                                       that could be brought as a class action?
    that there is a potential class action. The       2-104(A)(5) prohibits an Iowa lawyer from
                                                                                                          The answer is “yes.” We see nothing in
    opinion is simply concerned with how the          advertising for employment to represent
                                                                                                       the rules that limits the use of certain
    client may solicit other potential class action   clients in a class action. (Emphasis added.)
                                                                                                       methods of advertising or marketing to
    members. In that regard, it is premised              The specific question being addressed in
                                                                                                       certain types of cases. It is not the nature
    upon DR 2-104(A)(5) which is now identi-          Opinion 93-13 has been underlined and
                                                                                                       of the case or claim that regulates the
    cal to Iowa Rule of Professional Conduct          was simply whether any other form of direct
                                                                                                       conduct, rather it is the manner in which
    32:.7.8 (a)(3)(c): “If success in asserting       solicitation was authorized besides mail.
                                                                                                       it is pursued that is regulated.
    rights or defenses of a client in litigation in      The Committee was correct in its view
                                                                                                          The manner in which matters are pur-
    the nature of a class action is dependent         regarding its limited authority. It concluded
                                                                                                       sued may be indirect such as those enumer-
    upon the joinder of others, a lawyer may          that DR 2-104(A)(5) prohibited an Iowa
                                                                                                       ated in Rule 32:7.2 (b)(c)(d) and (e) or
    accept, but shall not seek, employment            lawyer from advertising for employment to
                                                                                                       direct such as those authorized by Rule
    from those contacted for the purpose of           represent clients in a class action. In under-
                                                                                                       32:7.3 concerning direct contact.
    obtaining their joinder.”                         standing the conclusion, it is important to
                                                                                                          Opinion 93-13 was premised upon the
                                                                                                       concept that a lawyer was using this direct
                                                                                                       contact method of advertising which is lim-
                                                                                                       ited to direct mail and specifically prohibits
                                                                                                       direct “in-person” solicitation, “live” tele-
                                                                                                       phone or “real-time” electronic solicitation.
                                                                                                          We see nothing in the Rules that pro-
                                                                                                       hibits a lawyer from using any or all of the
                                                                                                       indirect forms of advertising allowed by
                                                                                                       Rules 32:7.2 (b)(c)(d) and (e) with content
                                                                                                       consistent with Rule 32:7.2(h) (1)(iii) and
                                                                                                       Rule 32:7.(I) in an attempt to attract clients
                                                                                                       who, after a full explanation of the risks
                                                                                                       inherent in class action litigation and
                                                                                                       being otherwise fully informed, give their
                                                                                                       informed consent to authorize pursuits
                                                                                                       of a class action. Opinion 79-11 is reversed,
                                                                                                       Opinion 79-75 is re-affirmed and Opinion
                                                                                                       93.13 is limited to those situations where
                                                                                                       the lawyer is engaged in solicitation in
                                                                                                       accordance with I.R.Prof. C. 32:7.(b)

                                                                                                       For the Committee,
                                                                                                       Nick Critelli, Chair Committee on Ethics
                                                                                                       and Practice Guidelines
                                                                                                       The Iowa State Bar Association

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                IOWA LAWYER September 2007
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     YLD President’s letter —
     Sometimes it’s good to follow
     By Bridget Penick, YLD President
       I am honored to be writing my first letter      Unfortunately, sometimes just one failure        point is, in
    as the President of the Iowa State Bar             to follow through results in an attorney         following my
    Association Young Lawyers Division. As I           being branded as unreliable, unprofes-           heart to the
    reflect upon my years of YLD service lead-         sional and sometimes unethical. We               areas of practice
    ing up to this moment, I am fully aware that       simply must follow through.                      that interest me,
    there is a long line of past presidents whose                                                       I’m going to be
                                                       3. Follow up. After you follow through,
    tenures are tough acts to follow.                                                                   the most effective lawyer I can be.
                                                       be sure to follow up. Again, it is essential
       Instinctively, as lawyers, we feel the need
                                                       to follow up with clients, colleagues and        5. Follow me! What do I mean by that?
    to take charge of the situation and be a
                                                       others. Follow up demonstrates that you          I am, after all, the president of the YLD.
    leader. However, as I shared with the new
                                                       are “on top of” the situation, that you are      I graduated from law school at the
    lawyers during their swearing-in ceremony
                                                       diligent and trustworthy. Make sure              University of Iowa in 1998. I went to
    in April, I believe there are five ways in
                                                       your hard work is received and under-            Chicago to practice in a 400-lawyer firm
    which “following” will help all lawyers —
                                                       stood — don’t let it go to waste!                in its Labor & Employment Section.
    particularly new lawyers — to succeed
                                                                                                        While the experience was outstanding
    in the practice of law.                            4. Follow your instincts. By this, I mean
                                                                                                        professionally, I followed my heart and
       We wouldn’t be in the careers we are            to follow both your gut reactions and
                                                                                                        came back to Iowa in 2001. I knew that
    in now if we hadn’t taken charge at some           your heart. Following your gut reaction
                                                                                                        one of the first things I wanted to do
    point prior to, or during, law school.             means that you must question the ethics
                                                                                                        after passing the Iowa bar was to
    However, there are circumstances in which          of a particular course of action. If it just
                                                                                                        become involved in the Iowa State
    it is beneficial to our careers to be a “follow-   doesn’t feel right, it probably isn’t right.
                                                                                                        Bar Association. I chose to do so:
    er.” Here are the circumstances I’ve seen:         Do the research and take the necessary           • to reconnect with law school
                                                       actions to avoid putting yourself in a situ-        classmates
      1. Follow the law! This sounds simple
                                                       ation that may damage your career.               • to learn about and launch into
      enough, but I cannot think of anything
                                                          Following your heart may take a little           the substantive areas of the ISBA
      more damaging to a lawyer’s reputation,
                                                       more time. As a new lawyer (and some-               Section Councils
      and the reputations of all lawyers when
                                                       times not-so-new lawyer), you may not            • to develop marketing opportunities.
      one of our colleagues gets caught break-
                                                       know exactly what you want your law
      ing the law. As lawyers, we are held to                                                           I’m happy to say that I followed my plan,
                                                       practice to be. If you discover an area
      a higher standard. Please don’t let                                                             and I’ve succeeded in all three areas.
                                                       of law that you feel particularly drawn
      yourself or your profession down by                                                             Whatever your substantive practice area,
                                                       to, seek it out! As with any career, the
      not following the law!                                                                          or type of practice (firm, solo, govern-
                                                       most rewarding is one that you can
      2. Follow through. In the words of               put your heart into.                           ment, nonprofit, etc.), there is a way you
      Scottish novelist and poet Sir Walter               Some are drawn to criminal defense,         can become involved in the ISBA.
      Scott, “Think things through—then                others to family law. Thank goodness for         In summary, I trust that if you follow
      follow through.” As lawyers, the buck            those attorneys, because those areas are       my advice by: following the law, following
      stops with us. Whether it’s responding to        not ones in which I feel I would enjoy         through, following up, following your
      phone calls from clients, drafting a memo        practicing! I’m sure many would say the        instincts, and following me by becoming
      for a partner at your firm, or dealing with      same about the kind of work I do:              involved in the ISBA, you will become
      colleagues, your reliability is a direct         employment law, mostly representing            successful lawyers that other new lawyers
      reflection upon your credibility.                employers and immigration. But the             will want to follow!




                                                                                                         THE
                                                                                                               IOWA LAWYER September 2007 13
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      TRANSITIONS


                       Jennifer R. Petersen has                              Denise M. Hill of Altoona                           Gary received his B.A. from
                    joined the law firm of Parsonage                      recently joined Des Moines                          Drake University, magna cum
                    Vandenack Williams LLC, of                            University as a full-time faculty                   laude, in 1999, and earned his
                    Omaha, Neb. She will head the                         member in the College of Health                     J.D. with high honors from Drake
                    firm’s litigation practice and will                   Sciences, while continuing as a                     University Law School in 2002.
    Jennifer R.     also practice in the areas of         Denise M. Hill counsel attorney with the                            Prior to joining Dickey &
                    employment and labor law and                                                              Gary Dickey Jr.
    Petersen                                                              Whitfield & Eddy law firm in Des                    Campbell, he clerked for Hon.
                    intellectual property law. A 1998     Moines. She has been a practitioner-scholar in                      Harold Vietor in the Southern
    graduate of the University of Iowa School of          the College for the past six years, teaching                        District of Iowa, served as gener-
    Law, she is a member of the Nebraska, Iowa            courses in health law and ethics. Denise earned                     al counsel and policy director to
    and South Dakota Bars.                                an A.A. at Waldorf College in 1990, a B.A. at       Governor Vilsack and Lt. Governor Pederson and
                                                          Wartburg College in 1992 and a J.D. and M.P.A.      most recently was a division administrator for
                                                          at Drake University in 1995 and 1996.               the Iowa Department of Economic Development.
                                                                                                                                 Angela received her B.A.
                                                                             Ryan J. Rasmussen has                            from Yale University in 1999,
                                                                          become a partner in the firm                        and her J.D. from Boston
                                                                          of Hagemann & Goeke and the                         College Law School, magna cum
                                                                          firm’s name has been changed                        laude, in 2002. Prior to joining
                                                                          to Goeke & Rasmussen. Ryan                          Dickey & Campbell, she clerked
                                                                          graduated from Wartburg College     Angela          for Hon. C. Arlen Beam on the
                                                          Ryan J.                                             Campbell
                                                                          in 2000 with a B.A. in Business                     Eighth Circuit Court of Appeals,
                                                          Rasmussen
                                                                          Administration, and earned his                      and served as an assistant feder-
                                                          J.D. with honors from Drake University School                       al public defender in Des Moines.
                                                          of Law in May 2004.                                 In addition to being licensed to practice in Iowa,
                                                             The law firm’s practice was established in       Angela is admitted in Massachusetts, New York,
                                                          1896 by F. P. Hagemann. The firm has offices        the Eighth Circuit Court of Appeals and the
                                                          in Waverly and Clarksville.                         United States Supreme Court.

                                                                             Mark A. Bosscher has been                           Benjamin M. Lange has
                 Real Experts in                                          named a shareholder of the law                      recently joined Eddy Law Firm,
                Business Valuation                                        firm of Peddicord, Wharton,                         P.C., as an associate in the firm’s
                                                                          Spencer, Hook, Barron &                             Independence office. He earned
          Thirty years of experience in:
                                                                          Wegman, LLP in Des Moines.                          his B.A. from Southwestern
           • Litigation Support
                                                                          Mark is a 2001 graduate of                          University in Georgetown, Tex.,
           • Business Consulting                          Mark A.                                             Benjamin M.
                                                                          Drake University School of Law                      and his J.D. from Hamline
           • Investment Banking                           Bosscher                                            Lange
                                                                          and joined the firm in 2001.                        University in St. Paul, Minn.
           • Estate & Gift Tax Planning
                                                                                                                              Prior to joining Eddy Law Firm,
                                                             Gary Dickey Jr. and Angela Campbell              Benjamin worked as a policy advisor to United
             Real Experience for
                                                          have opened Dickey and Campbell Law Firm,           States Representative John Kline of Minnesota.
              Real Businesses                             P.LC. (www.dickeycampbell.com), a general           He will practice primarily in the areas of
                                                          practice firm located in Des Moines’ historic       Business/Corporate, Litigation and
                                                          East Village. Their new office, which opened        Probate law.
                                                          Aug. 1, is located at 601 East Locust, Suite
                                                          102, Des Moines, Iowa 50309. The website
                                                          is www.dickeycampbell.com.
           Tim Terry           Mike Mesch
                               CPA / ABV
                                                            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
                    Cedar Rapids                            to be digital, please use the “.jpg” format only. Make all submissions in plain text or
                  TLD: (319) 364-2945                       Microsoft Word “.doc” format via e-mail to sboeckman@iowabar.org and please do not
                  WT: (319) 364-3041                        expect late submissions to be published immediately. We need at least a 30-day interval
                       Iowa City                            before publication. Include office phone number and name of the person furnishing
                     (319) 339-4884                         the copy. Questions? Call the ISBA communications director at 515-243-3179.
          www.realfinancialstrategies.com                   Thank you for your assistance.


     14   THE
                IOWA LAWYER September 2007
IL_Sept07.pdf     9/26/07      9:01 PM       Page 15




                       David R. Milligan and                             Incoming law students dedicate afternoon to public service
                     Patricia J. Martin have joined                          The University of Iowa’s incoming first-year law students worked up a
                      Ahlers & Cooney, P.C. in Des Moines                 sweat during orientation late last month.
                      as “of counsel.” Dave’s practice will                  For three hours all of approximately 200 new students pushed and toted
                      focus on business and banking law.         and chopped their way through the University of Iowa College of Law’s first-ever
                      Patricia’s practice will include but not   afternoon of community service. The event kicked off the law school’s new public
    David R.
                      be limited to employment, contracts,       service community engagement program that will see law students participating in
    Milligan
                      corporate, securities, and mergers         public service projects across Iowa and incorporate service learning components
                      and acquisitions.                          into the curriculum.
       Prior to joining the Ahlers firm, David was                   This year, the incoming students helped clean equipment shelters for Habitat for
    employed by West Bank where he served as a trust             Humanity and Iowa City’s Friends of Historic Preservation; cleared brush at Lake MacBride;
    officer, commercial lender, general counsel, and             spruced up the Miracles in Motion barn, a facility in Swisher where developmentally dis-
    C.E.O. He earned his B.A. from the Drake University          abled children can ride horses; and cleaned out various local day care centers, the North
    College of Business Administration and his J.D.              Liberty food pantry and a second-hand store operated by the Mennonite Church.
    from Drake University Law School.                               Linda McGuire, the law school’s former associate dean of students and new associate
                         Patricia rejoined the Ahlers firm       dean of civic engagement, developed the public service program. She said the goal is more
                      after serving 12 years as in-house         than just providing bodies to help local charitable organizations (although that is one
                      counsel at Maytag Corporation, most        important consideration). She said the opportunities showed students the importance of
                      recently as vice-president, deputy         providing leadership and community service in their professional, post-law school lives.
                      general counsel and secretary to the          “For our law students, it’s a chance to keep alive their spirit of giving service to their
                      board. She earned her J.D. from the        community,” McGuire said. “It will inculcate in them the sense that their professional
    Patricia J.
                      University of Iowa College of Law          responsibility to their community goes beyond their legal work, and it will help them
    Martin                                                       understand their communities’ needs firsthand. Those are things best learned outside
                      after receiving a B.S. and M.S.
                      from Kansas State University.              the law school.”
                                                                     The new position has been in the works for more than a year and was first initiated
                                                                 by Carolyn Jones, dean of the UI College of Law.
       Harlan “Bud” Hockenberg and Lawrence F.
                                                                    The law school’s program is part of a larger university-wide initiative to incorporate
     Scalise have joined Coppola, McConville, Coppola,
                                                                 service learning into the curriculum. The university’s Civic Engagement Program connects
    Hockenberg & Scalise, P.C., in West Des Moines as
                                                                 student organizations with community groups that need assistance. Mary Matthew Wilson,
    shareholders. Bud received his B.A. from the
                                                                 the program’s coordinator, said the educational background of the law students is a new
    University of Iowa in 1949 and his J.D. from the
                                                                 university resource for Iowa community organizations to tap.
    University of Iowa College of Law in 1952.
                                                                     “With their legal training, law students will bring a specialized kind of service that
       Lawrence received his B.A. from the University
                                                                 no other student at the university can provide,” she said. “That really broadens the
    of Iowa in 1955, and his LL.B. from the U of I College
                                                                 types of engagement we can offer and the kinds of organizations we can partner with.”
    of Law in 1958. He has served in numerous state
    positions during his legal career, including as Iowa
    Attorney General for two years and as chair of the
    Iowa State Racing Commission for five years.
                                                                 Tired of “ guessing” at the
        J. Keith Rigg has relocated his law practice                value of your cases?
     to 418 Sixth Ave., Suite 200, Des Moines, IA 50309.                     try ...
     He can be reached by phone at 515-284-7931, or
     by e-mail at: jkrigg@dwx.com.

        Richard J. “Rick” Hanson has joined
     the Atlantic law firm of Cambridge, Feilmeyer,
     Landsness & Chase, P.L.C. An Audubon native,
     Rick received his J.D. from the University of               • Tailored for your needs
     Iowa College of Law in 1981. Prior to joining                 (simple to complex)                                 Robert E. Tucker
     the Cambridge firm, he practiced law in Atlantic,                                                                     P h . D , J.D.
     Lake Mills and Oskaloosa.                                   • Obtain focus-jurors names
                                                                   from trial venue jury lists                      Trial Attorney & Consultant
                                                                                                                    7017 Hickman Rd., Suite A
                                                                 • Can test and evaluate for                          Des Moines, IA 50322
                                                                   trial strategies & tactics                             (515) 276-8282
                                                                 • Yields real-world results                              (800) 276-5076
                                                                   (no more guesswork)                                r o b t u c k e r @q w e s t . n e t

                                                                                                             THE
                                                                                                                   IOWA LAWYER September 2007 15
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        Get the CLE you deserve and support Your Association. Attend ISBA CLE Seminars.



                            Quality CLE that keeps you on the cutting edge!
       To stay competitive, you have to keep up with changes that affect how and what you practice. That’s why
       The Iowa State Bar Association CLE offers a variety of quality CLE opportunities that keep you on the
       cutting edge. Visit the ISBA’s website www.iowabar.org for a complete listing of telephonic seminars,
       on-line seminars and live site seminars.
                                              ISBA CLE Summer Schedule

                          September 2007                                          October 2007 Continued
   Sept. 12        Law Over Lunch: Debtor/Creditor             Oct. 4            Nuts & Bolts Seminar
                   Basics (How to Collect Your                                   Polk County Convention Complex,
                   Judgment)                                                     Des Moines
                   Program time: 12:00 p.m.-1:00 p.m.                            Registration: 8:00-8:30 a.m.
                                                                                 Program time: 8:30 a.m.-4:45 p.m.
   Sept. 12        Trade Regulation and Corporate
                   Counsel Seminar                             Oct. 19           Environmental & Natural
                   Hotel Fort Des Moines, Des Moines                             Resources Seminar
                   Registration: 8:00-8:45 a.m.                                  Hotel Fort Des Moines, Des Moines
                   Program time: 8:45 a.m.-4:15 p.m.                             Registration: 8:00-8:30 a.m.
                                                                                 Program time: 8:30 a.m.-4:30 p.m.
   Sept. 19        Fall Traveling Seminar
                   Clarion Hotel, Sioux City                    Oct. 19          Probate & Trust Law Seminar
                   Registration: 8:00-8:30 a.m.                                  West Des Moines Marriott
                   Program time: 8:30 a.m.-4:45 p.m.                             Registration: 7:30-8:00 a.m.
                                                                                 Section Meeting: 8:00 a.m.-12:00 p.m.
   Sept. 20        Fall Traveling Seminar                       Oct. 25-26       Family Law Seminar
                   Holiday Inn, Mason City                                       West Des Moines Marriott
                   Registration: 8:00-8:30 a.m.                                  Thursday Registration: 7:30-8:00 a.m.
                   Program time: 8:30 a.m.-4:45 p.m.                             Thursday CLE time: 8:00 a.m.-5:00 p.m.
   Sept. 26        Sexual Orientation and Gender Identity                        Friday Registration: 7:30-8:00 a.m.
                   Issues in the Workplace
                                                                                 Friday CLE time: 8:00 a.m.-5:00 p.m.
                   Labor and Employment Telephone CLE
                   Program time: 12:00 p.m.-1:00 p.m.
                                                                                       November 2007
                           October 2007                         Nov. 14           Labor & Employment Law Seminar
   Oct. 2          Fall Traveling Seminar                                         Embassy Suites, Des Moines
                   Radisson Hotel, Davenport
                   Registration: 8:00-8:30 a.m.                                        December 2007
                   Program time: 8:30 a.m.-4:45 p.m.            Dec. 5, 6 &7      Tax School
   Oct. 3          Fall Traveling Seminar                                         Des Moines Downtown Marriott
                   Marriott, Cedar Rapids                       Dec. 13           e-Commerce Seminar
                   Registration: 8:00-8:30 a.m.                                   Hilton Garden, Urbandale
                   Program time: 8:30 a.m.-4:45 p.m.            Dec. 14           Federal Practice
   Oct. 3          Nuts & Bolts Seminar                                           Des Moines Downtown Marriott
                   Marriott, Cedar Rapids
                   Registration: 8:00-8:30 a.m.
                   Program time: 8:30 a.m.-4:45 p.m.
   Oct. 4          Fall Traveling Seminar
                   Polk County Convention Complex,                             CLE Opportunities Sponsored by:
                   Des Moines                                             CLE Division of The Iowa State Bar Association
                   Registration: 8:00-8:30 a.m.
                   Program time: 8:30 a.m.-4:45 p.m.



                                                                                               The Iowa Lawyer September 2007   T
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            Get the CLE you deserve and support Your Association. Attend ISBA CLE Seminars.



           The Iowa State Bar Association Trade Regulation Section and Corporate Counsel Section presents

              2007 Trade Regulation And Corporate Counsel Section Seminar
                                                     Hotel Fort Des Moines
                                                      September 12, 2007

           8:45-9:30             Prior Employment and Present Competition Restraints        12:00-1 p.m.       Lunch
                                 Mark Zaiger - Shuttleworth & Ingersoll                     1:00-1:30 p.m.     Franchising Update
           9:30-10:15            New Developments in Antitrust Law
                                 (0.75 Federal CLE)                                                            & Downer
                                                                                            1:30-2:15 p.m.     Corporate Policies and Procedures
           10:15-10:30           . Break                                                                       for Internet and e-mail Usage
           10:30-11:00           The Supreme Court’s Twombly Case and
                                                (0.50 Federal CLE)                          2:15-2:30          Break
                                                                                            2:30-3:15          False Advertising Primer and
           11:00 -12:00          Legislative Developments of Interest to the Trade                             Pitfalls (0.75 Federal CLE)
                                 Regulation & Corporate Counsel Sections

                                 Honorable Kraig Paulsen, State Representative              3:15-4:15          Ethics Panel (1.0 Ethics CLE)




                                               CLE Hours                                                          Location
                                                                                                             Hotel Fort Des Moines
                                        and 2 hours of Federal CLE                                           Des Moines, IA 50309
                                                                                                        Registration from 8:00-8:45 a.m.

                             Registration Form: 2007 Trade Regulation and Corporate Counsel (September 12, 2007)
           Name : ___________________________________________ Member # _____________                    Phone # ___________________
           Address: __________________________________________________ City, State, Zip: ____________________________
           e-mail: __________________________________
           Advance Registration Fee: ____ $140 Trade Regulation or Corporate Counsel            ___ Yes, I will attend lunch.
                                             ___ $150 ISBA Member                              ___ No, I will not attend lunch.
                                             ____ $225 Non Member

           Method of Payment: __ Check enclosed            __ Master Card   __ Visa __ Discover __ American Express __ CLE Season Pass
           Credit Card #:_____________________________________________ Exp. Date: _______________________
           Cardholder Signature: ________________________________________________________________________
           Return Registration form by 9/6/07 to: ISBA CLE, 521 East Locust, 3rd FL., Des Moines, Iowa 50309-1939. For Questions call:
           (515) 243-3179 or fax (515) 243-2511.
           Cancellation Policy/Walk-in Registration Fee:

           be an additional $50 (fee will begin on September 12).

7         The Iowa Lawyer September 2007
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        Get the CLE you deserve and support Your Association. Attend ISBA CLE Seminars.



                   The Iowa State Bar Association CLE Division presents

                                 2007 Fall Traveling Seminar

       The ISBA is preparing to take the Fall Traveling Seminar on the road in September and October. The full-day
       seminar will make stops in Sioux City, Mason City, Davenport, Cedar Rapids and Des Moines. You will not want to
       miss the Fall Traveling Seminar when it comes to a city near you! The seminar will include 1.5 hour of Ethics CLE
       and several other hot topics.                                               October Locations
        September Locations                                                              Oct. 2         Davenport
        Sept. 19          Sioux City                                                                    Radisson Hotel
                          Clarion Hotel                                                                 111 E Second Street
                          707 Fourth Street                                                             Davenport, IA 52801
                          Sioux City, IA 51101                                           Oct. 3         Cedar Rapids
        Sept. 20          Mason City                                                                    Marriott
                          Holiday Inn                                                                   1200 Collins Road NE
                                                                                                        Cedar Rapids, IA 52402
                          Mason City, IA 50401                                           Oct. 4         Des Moines
                                                                                                        Polk County Convention
                                                                                                        Complex
          8:00 - 8:30             Registration                                                          501 Grand Avenue
          8:30 - 9:30             Attorney a la Carte: How to Make Limited Scope                        Des Moines, IA 50309
                                  Representation Work for You and Your Clients
                                  Video presentation
           9:30 - 10:15           Consumer Law, Family Law, Landlord Tenant Law and Individual Rights




           10:15 - 10:30          Break
           10:30 - 12:00          Iowa Supreme Court/Court of Appeals Judges Panel


                                  Sioux City

                                  Mason City

                                  Davenport

                                  Cedar Rapids

                                  Des Moines
                                                                                     l

                                  Lunch is included in the registration fee




                                                                                                  The Iowa Lawyer September 2007   T
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            Get the CLE you deserve and support Your Association. Attend ISBA CLE Seminars.



                        The Iowa State Bar Association CLE Division presents

                                   2007 Fall Traveling Seminar

               12:45 - 1:15         Developments in Court Boards and Commissions
o

               1:15 - 2:00          High Impact Solutions for Improving Client Care
                                                                                                                 CLE Hours
                                    and Security
                                                                                                               includes 1.5 hours
               2:00 - 2:45          Real Estate: Nuts & Bolts of Foreclosure
                                                                                                                 of Ethics CLE
               2:45 - 3:00          Break
               3:00 - 3:30          Current Trends in Mediation




               3:30 - 4:30          Understanding Legal Malpractice Policies and Reporting Claims (Ethics)


                                                 Registration Form: 2007 Fall Traveling Seminar

           Name : ___________________________________________ Member # _____________                      Phone# _________________

           Address: __________________________________________________ City, State, Zip: _________________________

           Advance Registration Fee: ____ $135 ISBA Member____ $175 Non Member

           Lunch (included in registration fee):                                                   Locations
           ___ Yes, I will attend lunch.                                       ___ Sioux City, Sept. 19    ___ Davenport, Oct. 2

           ___ No, I will not attend lunch.                                    ___ Mason City, Sept. 20    ___ Cedar Rapids, Oct. 3
                                                                                                           ___ Des Moines, Oct. 4

           Method of Payment: __ Check enclosed __ Master Card __ Visa __ Discover __ American Express
                              __ CLE Season Pass
           Credit Card #:_____________________________________________ Exp. Date: _______________________

           Cardholder Signature: ________________________________________________________________________

           Return Registration form to: ISBA CLE, 521 East Locust, 3rd FL., Des Moines, Iowa 50309-1939. For Questions call:
           (515) 243-3179 or fax (515) 243-2511.

           Cancellation Policy/Walk-in Registration Fee:

           registration will be an additional $50 (fee will begin on the day of seminar).

7         The Iowa Lawyer September 2007
IL_Sept07.pdf     9/26/07       9:01 PM       Page 20




        Get the CLE you deserve and support Your Association. Attend ISBA CLE Seminars.



                               The Iowa State Bar Association Labor and Employment Section presents


                               Sexual Orientation and Gender Identity
                                      Issues in the Workplace
                                                                      Wednesday, September 26, 2007                                                    CLE
                                                                            12:00-1:00 p.m.                                                   1 hour of State CLE
                                                                            Telephonic CLE
       12:00-12:05 p.m.                 Introduction

       12:05-12:50 p.m.                 Sexual Orientation and Gender Identity Issues in the Workplace

                                        Panel Members

                                                                                                 Karen Doering is Senior Counsel for the National Center for Lesbian
         Co-Chair of the Firm’s Labor and Employment Practice and a member of the               Rights, a national legal resource center committed to advancing the
         Firm’s Litigation Department. She has appeared before federal, state and               rights and safety of lesbian, gay, bisexual, and transgender people and
         appellate courts and in administrative proceedings before the Equal                    their families through litigation, public policy advocacy, and public
                                                                                                 education. Before joining NCLR in 2002, Ms. Doering founded and
         Compliance Programs, the Department of Labor and a variety of other federal,           served as Legal Director for Equality Florida’s Legal Advocacy Project
         state and local administrative agencies.                                               from Stetson University College of Law.
         Ms. Rozycki counsels employers on personnel decisions, such as hiring,                  Ms. Doering is a frequent guest lecturer and has appeared on numerous
         promotion, performance evaluation, discipline, compensation and discharge              television programs to discuss lesbian, gay, bisexual, and transgender
         issues, reductions in force, exit incentive programs, releases, leaves of absence      civil rights cases, including Court TV, Good Morning America, Larry
         and harassment issues. She has developed personnel policies for employers              King Live, ESPN’s Outside the Lines, the Dr. Phil Show and others.
         addressing topics such as harassment, FMLA and mandatory arbitration
         policies.

       12:50-1:00 p.m.                  Questions and Answers
                                        Participants will have a chance to ask questions.

                           Registration Form: 2007 Sexual Orientation and Gender Identity Issues in the Workplace
                                                           (September 26, 2007)
       Name : ___________________________________________ Member # _____________                                       Phone# ___________________
       Address: __________________________________________________ City, State, Zip: ____________________________
       e-mail: __________________________________

       Advance Registration Fee: ____ $25 ISBA Members

                                           ____ $40 Non Member

       Method of Payment: __ Check enclosed                    __ Master Card          __ Visa __ Discover __ American Express __ CLE Season Pass
       Credit Card #:_____________________________________________ Exp. Date: _______________________
       Cardholder Signature: ________________________________________________________________________
       Return Registration form by 9/26/07 to: ISBA CLE, 521 East Locust, 3rd FL., Des Moines, Iowa 50309-1939. For Questions call:
       (515) 243-3179 or fax (515) 243-2511.
       Cancellation Policy/Walk-in Registration Fee:



                                                                                                                                 The Iowa Lawyer September 2007           T
      IL_Sept07.pdf      9/26/07     9:01 PM      Page 21




              Get the CLE you deserve and support Your Association. Attend ISBA CLE Seminars.



             The Iowa State Bar Association’s Young Lawyers Division Professional Development Committee presents


                                               2007 Nuts & Bolts Seminar
                           Oct. 3
                                Cedar Rapids                                 Oct. 4 Des Moines                      6.25 hours of State CLE
                               Marriott                                                                                includes 1.00 hour
                                                                       Polk County Convention Complex
              1200 Collins Rd NE, Cedar Rapids, IA 52402                                                                 of Ethics CLE.
                                                                    501 Grand Avenue, Des Moines, IA 50309
             8:00-8:30             Registration
             8:30-9:30             Legal Community
             9:30-10:30            Ethics (1 hour of Ethics)
             10:30-10:45           Break
             10:45-11:15           How to Manage a Law Practice

             Litigation Track                                                               Transactional Track
             11:15-12:00           Discovery                                                11:15-12:00         Business Formation – Financing, Sale/Purchase
                                                                                                               issues, tax implications



             12:00-1:30            Joint Lunch with Fall Traveling Seminar (Both locations)
                                   Lunch Speakers will be ISBA President Joel Greer, Iowa Supreme Court Justices and Iowa Court of Appeals Judges.
                                   Tickets for Lunch are $10.00 per person
             Litigation Track                                                               Transactional Track
             1:30-2:30             Jury Selection, Openings & Closings                      1:30-2:30          Real Estate



             2:30-3:30             Cross Examination/Trial Techniques                       2:30-3:30          Probate
                                                                                                               Des Moines Speaker: David Repp


             3:30-3:45             Break
             3:45-4:45             Case & Client Evaluation


                                                                    Nuts & Bolts Registration Form

             Name: __________________________________________________________________ Member #_______________

             Address:_______________________________________________________ City, State, Zip: _____________________

             Location: Please check a location         ___ Cedar Rapids (Oct. 3) ___ Des Moines (Oct. 4)
             Advance Registration Fee: ___ $15 (Admitted to practice two years or less) ___ $45 (Admitted to practice 3-5 years)
             ___ $75 (Admitted to practice 5-10 years) ___$150 (Admitted to practice 10 years or more) ___$225 (Non-members)

             Track: Please check a track
                                                                             Joint Luncheon with Nuts & Bolts Seminar and Fall Traveling Seminar
              ___ Litigation Track     ___ Transactional Track
                                                                             Tickets for Lunch are $10.00 per person
            Method of Payment: __ Check enclosed                          ____ Yes, I will attend the joint luncheon. ($10.00 per person)
             __ Master Card         __ Visa __ Discover
                                                                          ____ No, I will not attend the joint luncheon.
             __ American Express __ CLE Season Pass

            Credit Card #:_____________________________________________ Exp. Date: _______________________

            Cardholder Signature: ________________________________________________________________________

007         The Iowa Lawyer September 2007
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        Get the CLE you deserve and support Your Association. Attend ISBA CLE Seminars.



        The Iowa State Bar Association Probate & Trust Law Section presents

              2007 Probate & Trust Law Seminar
                             West Des Moines Marriott
                              Friday, October 19, 2007
       8:00-8:30                  Registration
       8:30-11:30                 Probate Section Meeting
                                                                                                           CLE
       11:30-12:15                Lunch (Lunch is not included in registration fee)
       12:15-12:30                Seminar Registration                                             3.75 hours of State CLE
                                                                                              includes 0.75 hour of Federal CLE
       12:30-1:30                 Fiduciary Duties and Obligations

       1:30-2:30                  Anachronism or Essential? A review of the use, avoidance and abuse of insurable interest
                                  as applied to life insurance

       2:30-2:45                  BREAK
       2:45-3:30                  Valuation Issues with Buy/Sell Agreements (0.75 Federal CLE)

       3:30-4:30                  Real Estate Issues in Estate Planning and Probate
                                                                                             Please note speaker time slots
       4:30                       Adjourn                                                        are subject to change.
                                      Registration Form: 2007 Live Probate & Trust Law Seminar

       Name : ___________________________________________ Member # _____________                      Phone# _________________

       Address: __________________________________________________ City, State, Zip: _________________________


       Advance Registration Fee:
       Section Meeting Only: (Section Meeting and Section Meeting Materials) ____ $20 Probate & Trust Law Section Member

       Section Meeting Material Only: ____ $10 Probate & Trust Law Section Member
                                                                                                               Lunch
       Section Meeting & Probate CLE: ____ $90 ISBA Member ____ $130 Non-Member                ___ Yes, I will attend lunch. $15
                                                                                               per person
       Probate & Trust Law CLE Only: ____ $80 ISBA Member ____ $120          Non-Member
                                                                                               ___ No, I will not attend lunch
       Method of Payment: __ Check enclosed        __ Master Card __ Visa __ Discover __ American Express __ CLE Season Pass

       Credit Card #:_____________________________________________ Exp. Date: _______________________

       Cardholder Signature: ________________________________________________________________________
       Return Registration form by 10/12/07 to: ISBA CLE, 521 East Locust, 3rd FL., Des Moines, Iowa 50309-1939. For
       Questions call: (515) 243-3179 or fax (515) 243-2511.
       Cancellation Policy/Walk-in Registration Fee:

       be an additional $50 (fee will begin on Oct. 19).
                                                                                                 The Iowa Lawyer September 2007    T
    IL_Sept07.pdf   9/26/07     9:01 PM    Page 23




            Get the CLE you deserve and support Your Association. Attend ISBA CLE Seminars.



                    The Iowa State Bar Association Environmental & Natural Resources Section presents

                         2007 Environmental & Natural Resources Seminar
                                                     Friday, October 19, 2007

                                       CLE Hours:                                             Location:
                                                                                          Hotel Fort Des Moines
                              and 3 hours of Federal CLE
                                                                                          Des Moines, IA 50309
           8:00-8:30          Registration
           8:30-9:30          Case Law Update (Federal)
           9:30-10:00         Water Allocation in Iowa

           10:00-10:15        Break



           11:00-12:00        DNR Update
           12:00-1:15         Lunch - Dedication to Bess Osenbaugh
                              Iowa Attorney General Update
           1:15-2:15          Air Quality Update (Federal)
           2:15 - 3:15        Carbon Sequestration
                              Carbon Credits in an Emerging Market (Federal)
           3:15-3:30          Break
           3:30-4:30          Ethics
_
                                       Registration Form: 2007 Environmental & Natural Resources Seminar

           Name : ___________________________________________ Member # _____________                   Phone# _________________

           Address: __________________________________________________ City, State, Zip: _________________________

           Email: __________________________________
           Advance Registration Fee: ____ $140 Section Member ____ $150 ISBA Member ___ $220 Non Member
           Method of Payment: __ Check enclosed                __ Master Card __ Visa     Lunch is included in registration fee.
                                       __ Discover __ American Express __ CLE Season Pass __ Yes, I will attend lunch.
                                                                                            __ No, I will not attend lunch.
           Credit Card #:_____________________________________________ Exp. Date: _______________________

           Cardholder Signature: ________________________________________________________________________
           Return Registration form by 10/12/07 to: ISBA CLE, 521 East Locust, 3rd FL., Des Moines, Iowa 50309-1939. For
           Questions call: (515) 243-3179 or fax (515) 243-2511.
           Cancellation Policy/Walk-in Registration Fee:

           be an additional $50 (fee will begin on Oct. 19).
          The Iowa Lawyer September 2007
IL_Sept07.pdf   9/26/07     9:01 PM   Page 24




        Get the CLE you deserve and support Your Association. Attend ISBA CLE Seminars.



                             The Iowa State Bar Association Family Law Section presents

                                  2007 Family Law Seminar Schedule
                                                  October 25-26, 2007

                      Location:                                                       CLE Hours:
                           1250 Jordan Creek Parkway                 15.5 hours of State CLE including
                                                                     0.75 hours of Federal CLE. If attending
                                                                     the ethics dinner (1 hr of Ethics)
       WEDNESDAY, OCTOBER 24, 2007
                                                                    FRIDAY, OCTOBER 26, 2007
       2:00 - 3:00        Family Law Section Council
                                                                    7:00 - 7:45        First Timers Breakfast
       3:00 - 5:00        Family Law Section Meeting
       THURSDAY, OCTOBER 25, 2007                                                      attendees. All other preregistered attendees $15.00
       7:30 - 8:00        Registration                                                 per person.
       8:00 - 9:00        Family Law Update                         7:30 - 8:00        Registration
                                                                    8:00 - 9:00        Hot Tips From the Experts
       9:00 - 10:00       Dividing Pensions in Divorce:
                          What You Need to Know
                                                                                       Medical Support Orders, Understanding
       10:00-10:15        Break                                                        COBRA, and Other Family Law Medical
       10:15-11:00        Elephant in a Teacup: Dealing with                           Issues
                          Substance Abuse and Drug Testing
                          in Family Law                             10:00 -10:15       Break
                                                                    10:15 - 11:00      International Law 101 for the Family
                                                                                       Lawyer
       11:00-Noon         Getting to Yes: The Techniques and Art of
                          Negotiating or Mediating to Settlement    11:00 - Noon       Development of Effective Parenting Plans in
                                                                                       the Joint Physical Care Era

       Noon - 1:00        Lunch with Round-Table Discussions on
                          Negotiation and Mediation Issues
                                                                    Noon - 1:00        Lunch with Round-Table Discussions on
                                                                                       Joint Physical Care Issues
       1:00 - 1:30        Feedback and Conclusions From Round

                                                                    1:00 - 2:00        Development of Effective Parenting Plans in the
       1:30 - 3:00        Representing Children in Child Custody                       Joint Physical Care Era (Conclusion) and
                          Cases: New Standards and New Challenges                      Feedback and Questions From Round Table
                                                                                       Discussions

       3:00 - 3:15        Break                                     2:00 - 2:30        Effective Litigating to Obtain Joint Physical
                                                                                       Care: A Trial Lawyer’s Perspective
       3:15 - 4:15        Tax Law You Must Know in Crafting
                          Family Law Settlements
                                                                    2:30 - 3:00        Effective Litigating to Resist Joint Physical Care:
                                                                                       A Trial Lawyer’s Perspective
       4:15 - 5:00        Bankruptcy and Family Law:
                                                                    3:00 - 3:15        Break
                          Two Years After BAPCPA
                                                                    3:15 - 4:00        Mediation of a Parenting Plan: A Demonstration
       5:00               Chair’s Reception
                                                                    4:00 - 4:30        Joint Physical Care Questions and Answers
       5:45               Dinner ($40.00 per person-included ethics
                          theater)

                                                                                                         The Iowa Lawyer September 2007
    IL_Sept07.pdf   9/26/07    9:01 PM    Page 25




            Get the CLE you deserve and support Your Association. Attend ISBA CLE Seminars.



                                             The Iowa State Bar Association Family Law Section presents

                                         2007 Family Law Seminar Registration Form
                                                                   October 25-26, 2007


           Name : ___________________________________________ Member # _____________                       Phone# _________________

           Address: __________________________________________________ City, State, Zip: _________________________

           Advance Registration Fee: ____ $205 Section Member ____ $235 ISBA Member
                                                                                                              Check if you will be
                                             ____ $325 Non Member            ____ $50    Judges                 attending Lunch.
           Check if you will be attending the First Timers                                                    ___ Thursday Lunch
                                                                          Check if you will be attending      ___ Friday Lunch
                                                                               the Ethics Dinner.
            ___ First time Attendee (Free)                              ___ Ethics Dinner ($40)
                                     tendee ($15)
           Method of Payment: __ Check enclosed                __ Master Card __ Visa __ Discover __ American Express
                                    __ CLE Season Pass

           Credit Card #:_____________________________________________ Exp. Date: _______________________

           Cardholder Signature: ________________________________________________________________________

           Return Registration form by 10/12/07 to: ISBA CLE, 521 East Locust, 3rd FL., Des Moines, Iowa 50309-1939. For
           Questions call: (515) 243-3179 or fax (515) 243-2511.
           Cancellation Policy/Walk-in Registration Fee:

           be an additional $50 (fee will begin on Oct. 25).



                                                    The Iowa State Bar Association Tax Section presents

                                                               2007 Bloethe Tax School
                                                                           December 5-7

           Mark your calendar for the 2007 Bloethe Tax School. You will not want to miss it. The 2007 Bloethe Tax School
           program will include several hot topics and favorite topics of Tax School attendees. Look for more information
           in the October Iowa Lawyer.
              Hot topics for 2007 Bloethe Tax School:
              2032A Update presented by Orville Bloethe
              1031 Exchanges presented by David Brown

              Retirement Plan Distribution Planning presented by Margaret Van Houten
              Innocent Spouse Relief presented by Robert McKenzie, Arnstein & Lehr, Chicago
              Current Tax Commentaries presented by Professor Neil Harl and Professor Roger McEowen
7          The Iowa Lawyer September 2007
IL_Sept07.pdf     9/26/07   9:01 PM   Page 26




     Strategic partnership --
     How a law firm and corporate legal department
     teamed up to increase quality, quantity of work
     By Daniel Jacobi and Heidi S. Nebel*
       Since its founding by Henry A. Wallace     head to head with its competitors.           plished in new discoveries and innovation
    in 1926, Pioneer Hi-Bred International,          A year later, Pioneer hit an all-time     if the day-to-day tasks of maintaining
    Inc., has been a leader in agricultural and   high, filing more than 350 patent applica-   patent applications were transferred from
    biotechnology innovation. The company,        tions, 35 percent more new applications      the creative force of the company? How
    now owned by DuPont, holds hundreds of        in 2006 than the previous year. This         much more could MVS assist Pioneer in
    patents that have advanced plant genetics     accomplishment occurred while the num-       achieving its goals if only MVS attorneys
    beyond Wallace’s wildest dreams.              ber of patent filings in many industries     knew the full scope of the company’s
       Over the years, Pioneer has had a lot of   has slowly declined.                         business and the business of its primary
    assistance from patent attorneys and agents                                                customer, the American farmer? How
    working in dozens of private practice firms   Forming the alliance                         successful could both entities be if they
    across the country. These outside coun-          In late 2005, Daniel J. Cosgrove,         could only commit to an exclusive work-
    selors have helped Pioneer achieve its        Pioneer’s Corporate Counsel and              ing relationship?
    goals of increasing customer productivity,    Intellectual Property Group Leader, and         By early 2006, gaining insight from
    profitability and developing sustainable      Heidi S. Nebel, MVS patent attorney,         the previous ground-breaking work of
    agricultural systems for people everywhere.   developed a path forward. At the time,       DuPont, a preliminary contract was
       However, as Pioneer continued to           we had been working together on a vari-      drawn detailing a stronger relationship
    increase its investment into research and     ety of matters, each case unique unto its    that focused resources, gathered work
    development, it generated a drain on the      own nature. Each matter, depending on        into fewer providers, leveraged techno-
    resources available from its in-house         the technology, often required a slightly    logical tools and defined metrics and
    patent group. At the end of 2005, Daniel      new team of MVS attorneys.                   benchmarks to be achieved.
    Jacobi, vice president and general coun-         These constant reformations of MVS-          Pioneer has always relied on outside
    sel of Pioneer, asked the internal group      Pioneer teams required an unprecedent-       counsel as a resource. It seemed clear that
    to respond to the increased demand, and       ed amount of time to integrate a new         the company would have better representa-
    do so without additional resources from       group of attorneys and share with them       tion if outside attorneys really knew the
    the business.                                 Pioneer’s overall goals and objectives.      business well. However, there were chal-
       Jacobi also took the problem to Ed         Each matter required introduction, or        lenges to accomplishing that type of inti-
    Sease, partner at McKee, Voorhees &           re-introduction, between the two groups.     mate knowledge through a traditional
    Sease. For more than 35 years, patent         Each matter required a new set of            attorney-client relationship.
    attorneys from MVS have worked with the       accounting and billing parameters. A            Key Pioneer personnel decided they
    scientists at Pioneer. With help from MVS,    better solution was needed.                  wanted to give a preferred group of out-
    Pioneer has filed hundreds of patents and        The concept of forming such a close       side patent attorneys unprecedented access
    trademark applications to maximize the        partnership between in-house counsel and     to the company and its people, and even
    agricultural icon’s intellectual property     out-of-house counsel is not common-place,    pay those attorneys to come in and learn
    treasure trove. In 2005, MVS was asked to     but we realized such a combination held      the business, with the idea that in the long
    do some innovation of its own and come        tremendous potential. Questions, however,    run Pioneer would have better quality
    up with a plan that could help Pioneer go     remained: What more could be accom-          counsel across the entire intellectual
                                                                                               property effort.

           N E E D H E L P W I T H AN A P P E A L ?                                            Making it work
                                                                                                  Pioneer continues to possess an out-
          P a t r i c k W. O’Bryan • O’BRYAN LAW F I R M                                       standing team of in-house attorneys, agents
                                                                                               and staff. However, like many corporate
                              patrickobryanlaw@msn.com
                                                                                               law offices, there is often so much work
                                 STATE OR FEDERAL                                              that it becomes necessary to rely on out-
                  300 Walnut Street, Suite 125, Des Moines, Iowa 50309                         side counsel to complement internal
                       Phone: 515-283-8399 • Fax: 515-283-2670                                 efforts. The arrangement between MVS
                           LAW DEGREE DRAKE U. 1976                                            and Pioneer was designed to provide
                                                                                               Pioneer with better quality resources
                      UMKC MASTER OF LAW DEGREE 1979                                           since the outside counsel would know
                      Former Law Clerk: Justice Harris 1977-1978                               its business better than before. In the past,
                          Former Director Appellate Screening                                  MVS attorneys have attempted exclusive
                            Supreme Court of Iowa ‘85-‘92                                      working arrangements with other compa-
                                                                                               nies, even arranging to embed an attorney
     26   THE
                IOWA LAWYER September 2007
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     in a company one day per month or              order to quantify the performance of        for a year, we are still actively working
     for weekly meetings. But never have we         outside law firms.                          toward hitting our stride.
     done it with this much commitment to           3. Outside law firms that provide legal
     make it work.                                  services for the best value should be       The pay-off
        From the onset of the newly formed          rewarded with referrals and more work.         The partnership has taken some time
     alliance, all parties involved understood      4. Both parties must take advantage of      and effort to map out and plan. However,
     that communication would be critical to        new technologies that make it more effi-    it has become evident that, like any rela-
     make the alliance work and be successful.      cient for in-house counsel to collaborate   tionship, it will be constantly evolving. So
     However, finding ways to facilitate that       with outside law firms.                     far, so good. With only a year into the
     communication has taken a bit of work.         5. Communication is the ultimate key        alliance, there is already a positive impact
     Initially, both sides considered a regular     to any law partnering relationship.         for the staff at Pioneer and the team of
     monthly meeting between the two teams                                                      attorneys at MVS.
     to foster the necessary communication,        Of those five key points, we feel com-          Pioneer’s overall goal is to decrease fees
     but in less than a few months, we were       munication is the most critical element.      and increase filing while focusing on the
     back at the drawing board.                   While the program has been in place           quality of the resulting patent. In its first
        In addition to promoting communi-
     cation through shared computer net-
     works and overcoming on-site security
     concerns, the two found that by match-
     ing skills sets and personalities, they
     have been able to connect MVS attor-
     neys with various research and develop-
     ment groups within Pioneer. MVS
     attorneys (often in teams of four or
     five) attend regular weekly or bimonth-
     ly meetings that focus on the compa-
     ny’s overall business strategy for that
     particular development team.
        These meetings give the MVS coun-
     sel a greater sense of what Pioneer is
     trying to accomplish, the hurdles they
     have to overcome and how they can be
     assisted. Also, MVS gains an under-
     standing of the business from an inter-
     nal perspective and knows immediately
     whom to contact regarding certain
     issues. Many outside counselors have to
     go through an internal hierarchy or
     consult an organizational chart to get
     answers — taking time and energy.

     Trendsetting?
        The structure of this exclusive work-
     ing relationship was directly modeled
     after similar affiliations conceived by
     DuPont, the parent company of
     Pioneer. And, based on the 2002
     annual Martindale-Hubbell Counsel-
     to-Counsel series, which brought
     together 17 corporate counsel attor-
     neys from leading companies with six
     senior partners from major law firms
     around Chicago, the relationship fits
     well with the five themes that came
     out of that gathering:
        1. Corporate law departments are
        using fewer outside law firms, but
        forming closer relationships with
        those selected firms.
        2. Successful partnering requires
        the use of objective metrics in
                                                                                                  THE
                                                                                                        IOWA LAWYER September 2007 27
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     Drake student bar association named best in the nation                                                    year, the program hit its mark on
        The Student Bar Association at Drake University Law School recently received the SBA of                increased filings while meeting a
     the Year award from the American Bar Association/Law Student Division.                                    tight budget. But Pioneer is hoping
        Drake SBA President Sean Bagniewski and ABA Law Student Division Representative Erin                   to improve in that area because contin-
     Lain accepted the top award during the ABA annual meeting last month. The trophy was displayed            uous improvement is a cornerstone
     at orientation for entering law students, then showcased in Opperman Hall and Law Library.                of the program.
        “It’s a great honor for the SBA to win this major award,” said Bagniewski, a third-year law stu-          The outside counsel also find there is
     dent from Des Moines. “It reflects not just the work that the SBA has done, but all of the work we        a benefit. MVS attorneys tell us their
     have been able to do with the administration and faculty of the law school and the university.            work is more rewarding. They feel their
     Together, we have had many achievements in the past year.”                                                work is improved largely because they
        Among other contributions it made during the 2006-07 year, the SBA took a leadership role in           have a better understanding of how one
     promoting and supporting public service, ascertaining student concerns and making recommen-               project fits into Pioneer’s bigger picture.
     dations to resolve them, as well as working to enhance resources for 25 student organizations.               MVS believes that by getting involved
                                                                                                               as support for the internal patent
                                                                                                               group, it can relieve some of the day-
                                                                                                               to-day burden of filing and maintain-
                                                                                                               ing applications from Pioneer counsel
     Public notice: Comments requested on reappointment of magistrate judge                                    so they can concentrate on larger
         Comments from members of the bar and the public are invited to determine whether incum-               strategic decisions. This will allow the
     bent magistrate judge Thomas J. Shields of Davenport should be recommended by a panel of                  in-house counsel to serve as the plan-
     citizens for reappointment by the United States District Court for a new eight-year term.                 ners and developers that the business
         Judge Shields’ current term is due to expire June 8, 2008. The U. S. District Court is required by    needs them to be, and help guide the
     law to establish a panel of citizens to consider the reappointment of a magistrate judge to a new term.   business into the future.
         The duties of a magistrate judge include the following: 1) conduct of most preliminary proceed-
     ings in criminal cases; 2) trial and disposition of misdemeanor cases; 3) conduct of various pretrial     * Daniel J. Cosgrove is Corporate Counsel and
     matters and evidentiary proceedings on delegation from the judges of the district court; and 4) trial     Intellectual Property Group Leader for Pioneer
     and disposition of civil cases upon consent of the litigants.                                             Hi-Bred International, Inc.
         Comments should be directed to Dorothy O’Brien, Chair of the Merit Selection Panel, 2322 East         *Heidi S. Nebel is an intellectual property
     Kimberly Road, Suite 100, Davenport, IA 52807, or to Marjorie E. Krahn, Clerk of Court, 123 East          attorney and member at McKee, Voorhees &
     Walnut Street, Room 300, Des Moines, IA 50309-2084.                                                       Sease in Des Moines.
         Comments must be received by Oct. 12.




                                                                                                       .




                                                                                                                        |


     28    THE
                 IOWA LAWYER September 2007
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     Prepositions: Should you avoid ending sentences with them?
     Nancy Jones, Ph.D.,* University of Iowa College of Law, nancy-lyn-jones@uiowa.edu
       The editors of the American Heritage         prepositions fall there. Consider these            One reason to move prepositions out
    Book of English Usage tell us that it was       sentences, for example (and ask yourself        of sentence-ending positions, then, is to
    John Dryden, the 17th century poet and          where else the closing prepositions could       increase the formality of your prose. A
    dramatist, who first came up with the           comfortably go):                                second reason is to avoid giving offense
    notion that a preposition should not be           That depends on what you believe in.          to readers who profess to be irritated by
    used at the end of a sentence. It is not          I don’t know where she will end up.           sentences that end with prepositions. If
    completely clear where Dryden got this            It’s the most curious book I’ve ever          you know you are writing to such readers,
    idea, but he was quite fascinated with            run across.                                   by all means avoid such constructions
    Latin, so the features of that language           He didn’t know what he was getting into.      (unless your intention for some reason
    may have played a part.                           I found this tool, but I don’t know what      is to offend).
       In Latin, it is almost impossible to place     it is for.                                       In other instances, however, we should
    a preposition at the end of a sentence.           She didn’t know what the lecture was all      not lose sleep over any prepositions that
    Perhaps Dryden, who revered the ele-              about.                                        make their way to the end of our sentences.
    gance and grace of the classical language,                                                      It is surely better to save our energy for
    concluded that because you cannot end a                                                         other things.
    sentence with a preposition in Latin, you            A Lawyer’s Writ                            *The Lawyer’s Writ is an occasional column by
    should not end a sentence with a preposi-
                                                                                                    Dr. Nancy Jones, Director of the Writing Resource
    tion in English.                                          By Dr. Nancy Jones,* Director
                                                                                                    Center at the University of Iowa College of Law
       Whatever you may think of that logic, the              The Writing Resource Center
                                                                                                    since 1990. The WRC is the first of its kind in the
    fact is that a number of 18th century                     University of Iowa College of Law
                                                                                                    nation. It has served as a model for other law-
    English grammar books (plus others in sub-                nancy-lyn-jones@uiowa.edu             school-based writing centers, which now number
    sequent centuries) picked up on this prohi-                                                     more than 25.
    bition, including it among the rules that
    school children should learn, and adopt. It       Consider, too, the following idiomatic
    did not matter that Shakespeare and other       expressions, supplied by Theodore
    literary masters often ended their sentences    Bernstein in The Careful Writer:
    with prepositions (as in these lines from         We are such stuff as dreams are made of.
    Macbeth: Thou hast no speculation in              That’s something to guard against.
    those eyes/Which thou dost glare with).           You don’t know what I’ve been through.
    The grammarians urged writers to avoid the        He is a person you can count on.
    practice and find alternative structures.         I’m not sure what the cake was made of.
       Because of this, many of us grew up learn-     The visiting team wanted to know what
    ing to turn the first sentence in each set        they were up against.
    below into the second formulation instead:
                                                       Where would we be if we were deprived
       1A. That is a point I must insist on.
                                                    of sentences such as these?
       1B. That is a point on which I must
                                                       Many natural-sounding sentences end
             insist.
                                                    with prepositions, as it happens. Because
      2A. What are we coming to?                    of this, most modern authorities deride
      2B. To what are we coming?                    the notion that it is wrong or undesirable to
                                                    place them there. Perhaps the most famous
      3A. There was nothing to talk about.
                                                    blow was struck by Sir Winston Churchill,
      3B. There was nothing about which
                                                    who, when upbraided for ending a sentence
          to talk.
                                                    with a preposition, is said to have retorted,
      4A. It was something she had always           “This is the type of arrant pedantry up with
          dreamed of.                               which I shall not put.”
      4B. It was something of which she had            Sometimes, of course, it is appropriate to
          always dreamed.                           move the preposition away from the end of
                                                    a sentence. If your aim is to increase the
      5A. We have much to be thankful for.
                                                    formal tone of your writing, for example,
      5B. We have much for which to be
                                                    repositioning the preposition will usually
          thankful.
                                                    accomplish that, as this sentence pair
       While many folks go through linguistic       demonstrates:
    gymnastics to ensure that a preposition            6A. The person I spoke with was not the
    never falls at the end of their sentences,               person I was referred to.
    the fact is that English syntax not only           6B. The person to whom I spoke was not
    allows for, but sometimes requires that                  the person to whom I was referred.
                                                                                                        THE
                                                                                                              IOWA LAWYER September 2007 29
IL_Sept07.pdf     9/26/07   9:01 PM   Page 30




        (Editor’s Note: Due to the retirement       The Supreme Court handed down 20           Michael Gerard Reilly
     at the Iowa Supreme Court’s Grievance        major disciplinary decisions in 2006. Now    Council Bluffs, Iowa
     Commission by the person who had provided    that the backlog of 2007 cases has been      License Revocation
     disciplinary summaries to The Iowa Lawyer,   worked through, the YLD committee is going
                                                                                               Supreme Court Order
     no summaries were written from early 2006    back and picking up the 2006 summaries.
     to early 2007. Early in 2007, a committee    Expect to see those summaries scattered in   January 13, 2006
     from the ISBA’s Young Lawyers Division       with summaries from 2007 over the next          The Supreme Court revoked Reilly’s license
     took over the job.                           several months.)                             to practice law in connection with his conversion
                                                                                               of clients’ funds and perpetration of a check-




    Disciplinary
                                                                                               kiting scheme.
                                                                                                  Reilly successfully represented a child who had
                                                                                               sustained a serious eye injury against persons
                                                                                               responsible for the injury, ultimately attaining a set-
                                                                                               tlement of $137,500. Upon receipt of the funds on
                                                                                               Nov. 17, 2000, Reilly immediately deposited the
                                                                                               funds in his firm’s trust account. A few days prior,
                                                                                               Reilly had caused a conservatorship to be opened
                                                                                               for the child, and had been designated as attorney
                                                                                               for the conservatorship. Soon after receipt of the
                                                                                               settlement funds, checks were issued from the
                                                                                               trust account of Reilly’s law firm to the firm for the
                                                                                               amount of Reilly’s contingent fee and the firm’s
                                                                                               out-of-pocket expenses in pursuing the case. After
                                                                                               those funds had been withdrawn, a balance of
                                                                                               $99,736.75 remained in the trust account.
                                                                                                  In December 2000 and January 2001, Reilly
                                                                                               withdrew the entire $99,736.75 balance of the
                                                                                               client’s funds from his firm’s trust account. The
                                                                                               two checks written in December totaling $9,000
                                                                                               were drawn by Reilly for cash and signed by him.
                                                                                               He admitted that the proceeds were used for his
                                                                                               personal obligations. The January 2001 check was
                                                                                               payable to First Star Bank in the sum of
                                                                                               $90,736.75. It was drawn by a firm bookkeeper
                                                                                               and signed by another member of Reilly’s law firm
                                                                                               based on Reilly’s representation that it was to be
                                                                                               remitted to the conservator’s bank account.
                                                                                               Instead, Reilly deposited that check in his personal
                                                                                               banking account.
                                                                                                  In August and September 2001, Reilly endeav-
                                                                                               ored to make restitution of the client’s funds by
                                                                                               depositing $96,040 in a conservatorship account
                                                                                               for the client that had been established at Salomon
                                                                                               Smith Barney. A friend had agreed to loan Reilly
                                                                                               the funds necessary to accomplish that purpose.
                                                                                               Relying on that agreement, Reilly wrote a check on
                                                                                               a personal bank account for $96,040 to Salomon
                                                                                               Smith Barney. Unfortunately, Reilly’s friend was
                                                                                               unable to loan him the necessary funds, and the
                                                                                               balance of his personal bank account at Pinnacle
                                                                                               Bank was not sufficient to cover the check. It
                                                                                               was returned unpaid.

     30   THE
                IOWA LAWYER September 2007
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         On Sept. 24, 2001, Reilly wrote a second check
     on his personal bank account at Pinnacle Bank to
                                                              respond to the allegations brought
                                                              against him they were deemed admit-
                                                                                                         ADMISSION ON MOTION
                                                                                                           The following have applied for admission
     Salomon Smith Barney, this time in the amount of         ted. Findings were made that Meggers       on motion to the Iowa bar:
     $96,070. Because he had deposited a check in             violated DR 6-101(A)(3) of the Iowa          Gregory M. Thomas, Sodoro, Daly &
     Pinnacle Bank in an amount sufficient to cover that      Code of Professional Responsibility for    Sodoro, Omaha, Neb.; Elizabeth D. Badger,
     withdrawal, the Pinnacle Bank check cleared, and         neglecting his client’s legal matter. It     In practice, Kansas City, Mo.; Nicholas
     the conservatorship account received the funds.          was further found that Meggers violated    Charles Rowley, In practice, Murrieta, Calif.
     The check deposited in Reilly’s Pinnacle Bank            DR 1-102(A)(5) for failing to respond to     Anyone with questions or comments
     account also cleared, but First Star Bank, which         the inquiries of the Disciplinary Board.   should contact Keith Richardson, Clerk of
     had paid that check, was saddled with a $96,000             Meggers’ license was revoked indefi-      the Supreme Court, at (515)281-5911, or
     overdrawn account based on Reilly’s deposit of an        nitely with no possibility of reinstate-   write to the office of Iowa
     insufficient-funds check in that bank.                   ment for three months.                       Supreme Court Clerk, 1111 East Court
         Reilly did not make restitution of First Star                                                   Avenue, Des Moines IA 50319.
     Bank’s loss for more than a year. In the meantime,
     First Star Bank had notified federal law enforce-
     ment authorities of its loss, and the U.S. Attorney
     notified the Supreme Court’s client security and
     disciplinary commission concerning the facts of
     the case. Further investigation by the Iowa
     Supreme Court Attorney Disciplinary Board con-
     firmed those facts.
         Reilly has at all times conceded the conversion
     of the client’s funds that had been paid into his
     firm’s trust account. He has not conceded any
     illegality with respect to the check overdraft at
     First Star Bank based on his assertion that he
     believed he would have funds forthcoming to
     cover the First Star Bank check before it was
     returned to that bank for payment.
         The Court found multiple violations of the disci-
     plinary rules, including the rule against depositing
     client funds into a trust account and then with-
     drawing them for personal use without the
     client’s permission.
         The Court noted that Reilly’s fall from grace
     “was precipitated by an uncontrollable gambling
     habit that left him constantly in need of funds.”
     The Court went on to note that, although regret-
     table and cause for sympathy, this excuse “does
     not obviate the seriousness of the improper
     attorney conduct that has occurred.” The Court
     revoked Reilly’s license to practice law.

     Theodore M. Meggers
     Three-month suspension
     Supreme Court Order
     August 18, 2006
        The respondent, Theodore M. Meggers, was
     brought before the Disciplinary Board because he
     failed to file an appeal on his client’s behalf, after
     his client had posted the appeal bond and direct-
     ed Meggers to file said appeal. Meggers then
     failed to respond to the Iowa Supreme Court
     Attorney Disciplinary Board’s inquiry concerning
     the failure to file the notice of appeal.
        This matter proceeded to a hearing without
     Meggers because he never responded and was
     unable to be located. Since Meggers failed to
                                                                                                                THE
                                                                                                                      IOWA LAWYER September 2007 31
IL_Sept07.pdf     9/26/07    9:01 PM     Page 32




      CLASSIFIED ADS

                                                                                                             transcripts to: Smith Peterson Law Firm,
      PUBLISHER’S NOTE:         E-mail submissions to the CLASSIFIED ADVERTISING section                     LLP, Attn: Bill Melvin, 35 Main Place, Suite
      are requested. They save keystrokes, thus cutting down on our production time, and                     300, Council Bluffs, IA 51503.        (11-07)
      help to assure accuracy. Please follow the style of the ads appearing here, indicate the
      classification where you want your ad to appear and state how long the ad is to run.                   ATTORNEY — HELP Legal Assistance in
      Each ISBA member of a private law practice receives two free insertions annually.                      Davenport has an opening for a staff attor-
      Corporate and government attorney members of the association receive the same free                     ney to provide legal assistance and communi-
      privileges for their business, non-employer-related ads. If you have questions, call Steve             ty legal education to low-income and senior
      Boeckman at 515-243-3179. E-mail your copy to sboeckman@iowabar.org                                    clients in priority areas involving basic
      The number appearing in parentheses after each ad is not a box number. It indicates                    human needs. Salary is DOE, excellent
      the date the ad will be pulled from the magazine. (TF) indicates the ad will run until
                                                                                                             benefits. Submit letter of application,
      we receive instructions to pull it. Deadline for submissions is the first of the month
      prior to the month of publication.                                                                     resume, recent representative writing sample
      COMMERCIAL ADVERTISERS: Contact Shannon Espenscheid, 641-474-2280                                      and at least three professional references to:
      or David Larson, 515-440-2810.                                                                         Executive Director, HELP Legal Assistance,
                                                                                                             736 Federal Street, Suite 1401, Davenport,
                                                                                                             Iowa 52803. EOE.                        (10-07)
             Positions Available                          ATTORNEY — Established AV-rated firm is
                                                          seeking a partnership-track attorney. Some         ATTORNEY — The Page County Attorneys’
     ATTORNEY — Established Iowa City law                 experience preferred, but not necessary.           Office is accepting applications for an
     firm seeks to hire an attorney. Our practice         This is a general practice firm, with attorneys    Assistant County Attorney. In addition to
     is limited to Domestic Relations and Family          practicing in the areas of probate, tax, real      prosecuting misdemeanor, felony, and juve-
     Law. Please send resume, professional refer-         estate, civil litigation, criminal, and domestic   nile cases, there may be an opportunity to
     ences, writing sample and letter of interest         law. All inquiries will be kept confidential.      develop a private practice separate from the
     to Bray & Klockau, P.L.C., 402 S. Linn Street,       Send resume and letter of interest to:             County Attorney’s Office. Salary range with
     Iowa City, Iowa, 52240, or e-mail to                 Hirsch, Adams, Putnam, Cahill & Rashid,            benefits is from $40,000.00 -$44,000.00 per
     brayklockau@bkfamilylaw.com.          (11-07)        P.O. Box 1105, Burlington, IA 52601. (11-07)       year based upon experience. Please send
                                                                                                             resume, references, and legal writing sample
     ASSOCIATE ATTORNEY — AV law firm in                  ATTORNEY — Smith Peterson Law Firm,                to: Richard H. Davidson, Page County
     Central Iowa seeks an associate attorney.            LLP, an AV-rated Southwest Iowa law firm,          Attorney, P.O. Box 478, Clarinda, IA 51632
     Will consider applicants with experience             seeks a full-time attorney with not less than                                             (10-07)
     level 0-3 years. Immediate job availability.         three years experience to join the firm’s
     Send letter of interest and resume to                growing business practice. This position           ASSOCIATE — An eight-person, AV-rated
     rrscho@gbsbhlaw.com                    (11-07)       focuses primarily in the areas of Taxation         Burlington, IA firm is seeking an associate
                                                          Law, including individual, business, and fidu-     attorney with 2-5 years experience.
     ATTORNEY — A three-person AV-rated                   ciary income tax compliance, individual and        Experience in business law, tax and real
     firm in Northeast Iowa has an opening for            business tax planning, tax controversy and         estate matters is preferred but not required.
     an attorney with 0-2 years experience. The           offers in compromise; Commercial Law;              Please send confidential letter of interest
     firm is a county seat general practice han-          Mergers and Acquisitions; Contracts; Estate        and resume to Aspelmeier, Fisch, Power,
     dling a wide variety of legal matters. Send          Planning; Probate; Real Estate and                 Engberg & Helling, P.L.C., P.O. Box 1046,
     cover letter, resume and other useful infor-         Employment Law. Interested attorneys               Burlington, IA 52601.                  (10-07)
     mation to Jeffrey L. Swartz, P O Box 49,             should send their resumé and law school
     Waukon IA 52172.                       (11-07)

                                                                                                               MEDIATION SERVICES
                                                                                                                           OFFERED BY

          LAW OFFICE OF DAVID J. BLAIR, P.C.                                                                     JOHN L. HINTERMEISTER
                                                                                                                 Attorney at Law of Muscatine, Iowa,
                                   Arbitration & Mediation
                                                                                                                 in the areas of real estate, land use,
                             Sioux City – Des Moines – Statewide                                                    municipal matters, construction
                                                                                                                   issues, landlord-tenant, probate,
                    600 Fourth Street #300                           309 Court Avenue #233                        estate planning, agriculture issues
                                                                                                                    and agriculture lending matters.
                    Sioux City, IA 51101                             Des Moines, IA 50309
                    712-233-3626                                     515-875-4842                              FOR FURTHER INFORMATION,
                                                                                                                    Call 1-563-263-6501
                                     866-699-4302 Statewide                                                              or log on to
                                        515-875-4843 FAX                                                           www.jlhmediation.com
                                    d av i d b l a i r @ b l a i r a d r.com                                           and insert the following
                                                                                                                          password: jlhlaw


     32   THE
                IOWA LAWYER September 2007
IL_Sept07.pdf     9/26/07    9:01 PM     Page 33




                                                                                                                             CLASSIFIED ADS

     ATTORNEY — The law firm of Wilcox,                litigation, municipal and labor law including     LegalWorks Guidelines for Iowa. Windows
     Polking, Gerken, Schwarzkopf & Copeland,          representing many public employers. All           version. Calculates child support pursuant to
     P.C., located in Jefferson, Iowa, seeks an        inquiries shall be held confidential. This        Iowa child support guidelines worksheet and
     attorney to assist in the firm’s business prac-   position has potential for significant income.    client’s financial affidavit. Call 888-282-5291
     tice with an emphasis in commercial matters       Send resume, professional references and          for pricing and delivery information.
     including business sales and purchases,           letter of interest to The Iowa Lawyer, Code       Satisfaction guaranteed. LegalWorks
     business planning and commercial real             121306, 521 East Locust Street, Des Moines,       Software, P.O. Box 22127, Des Moines, Iowa
     estate. Candidates should have at least 2         Iowa 50309.                                (SE)   50325. www.legalworkssoftware.com           (SE)
     years of practice experience in moderate to
     complex transactions. Estate planning, taxa-
     tion or other complementary experience                        Career Center                               Office Space Available
     beneficial. Salary $75,000 or more based          ARE YOU SEARCHING for a new associate             OFFICE SPACE — Two office spaces for
     upon experience and qualifications. All           or law partner? Are you looking for a differ-     rent in the Beaverdale (Des Moines) area.
     inquiries will be kept confidential. Send         ent full- or part-time position? Go to www.       Larger office $290.00/month. Smaller space
     cover letter and resume to Wilcox, Polking,       iowabar.org and click on the ISBA Career          $235.00/month. Contact Ed Truslow at
     Gerken, Schwarzkopf & Copeland, P.C., 115         Center.                                  (TF)     515-277-3442 for viewing.           (10-07)
     E. Lincolnway, Suite 200, Jefferson, IA 50129,
     or e-mail to vtaylor@wilcoxlaw.com. (10-07)                 Expert Software                         OFFICE SPACE — West Des Moines
                                                                                                         individual offices available in nice office
    EXPERIENCED PARALEGAL with litiga-                 Licensed Iowa attorney with 15 years expe-        building. Includes telephone with voice mail,
    tion background needed. Competitive salary         rience, currently pursuing PhD – available        DSL, reception area, kitchen, conference
    and benefits. Send resume with cover letter        for research and writing. Exceptional skills.     rooms and free parking. Phone: 515-727-
    to HR, Lederer Weston Craig, PLC, PO Box           Rate negotiable. Contact Lauren Anaya at          0986; E-mail: phyllis.pearson@mchsi.com
    1927, Cedar Rapids IA 52406            (SE)        319-541-6447 or lamanayal@hotmail.com.                                                     (10-07)
                                                                                               (SE)
     ASSOCIATE WANTED — Established AV-
     rated firm, with substantial litigation prac-
     tice, offices in Cedar Rapids and Iowa City,                  THE IOWA STATE BAR ASSOCIATION
     seeks motivated attorney with one to three
     years litigation experience. Resume to
                                                                                   www.iowabar.org
     Timothy J. Hill, Bradley & Riley PC, PO Box
     2804, Cedar Rapids, IA 52406-2804, or e-mail
     thill@bradleyriley.com.                    (SE)

    TRANSACTIONAL ATTORNEY — Well-
    established AV-rated firm in Davenport, seeks
    highly motivated attorney to assist in firm’s
    Iowa and Illinois business practice with an
    emphasis in commercial matters, including
    but not limited to business sales and
    purchases, business planning and commer-
    cial real estate. Estate planning or other
    complementary experience beneficial.
    Candidates should have at least 5 years of                                           15               19
    practice experience in moderate to complex
    transactions, excellent client development
    skills and a profitable book of business.
    License and experience in Ill., preferred.
    Send cover letter and resume to: Brandy E.
    Dulceak, Recruiting Committee Chair,
    Stanley Lande & Hunter, 900 U.S. Bank, 201
    West Second Street, Davenport, IA 52801. All
    inquires kept confidential.                (SE)

     ATTORNEY — Law firm in Cedar Rapids
     consisting of three attorneys is seeking an
     additional attorney. Would prefer someone
     with a minimum of two years experience,
     however, a recent graduate will be consid-
     ered. The firm’s primary practice includes
                                                                                                            THE
                                                                                                                  IOWA LAWYER September 2007 33
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      CLASSIFIED ADS


                Positions Wanted                           Real Estate For Sale                     or older or a resident of a facility. The
                                                                                                    personal representative or executor may be
     CORPORATE ATTORNEY with over                    CONDO FOR SALE — Southwest Florida             held personally liable for the amount of
     15 years experience as General Counsel          beach-front condo for sale on Bonita Beach.    medical assistance paid on behalf of the
     for public corporations seeks position with     Gulf of Mexico views from Naples to Sanibel    recipient if a distribution is made without
     corporation or other organization. Expertise    Island. Two bedroom, two bath turnkey.         having executed the obligations pursuant to
     in corporate governance, SEC compliance,        $725,000. For more information, call           section 633.425. For further information,
     public offerings, acquisitions, mergers, con-   239-498-4565.                         (9-07)   contact: Ben Chatman, 877/463-7887,
     tracts and major litigation management.                                                        515/725-1005, www.iowa-estates.com. (SE)
     Demonstrated success as a business partner
     in strategic planning, company operations                                                      NOTICE CRIME
     and legal department management. Contact                   Miscellaneous                       VICTIM SUBROGATION.
     Robert A. Waldman, (515) 432-3958 or                                                           Do you represent a client who has received
                                                     NOTICE: –MEDICAID RECOVERY                     medical benefits, lost wages, loss of support,
     robertawaldman@yahoo.com              (11-07)
                                                     PROGRAMS: Casualty Lien Recovery –             counseling or funeral and burial assistance
                                                     Iowa Code 249A.6 provides that the Iowa        from the Crime Victim Compensation
                Practice for Sale                    Department of Human Services has a lien
                                                     against the recovery recipients obtain
                                                                                                    Program of the attorney general’s office?
                                                                                                    When your client applied for compensation
    LAW PRACTICE FOR SALE — Well-devel-              from third party tortfeasors. An attorney      benefits, a subrogation agreement was
    oped rural eastern Iowa law practice for sale    representing an applicant for, or recipient    signed pursuant to Iowa Code section 912.12
    in Preston a progressive community of            of, assistance on a claim upon which the       (1995). The attorney who is suing on behalf
    approximately 1,000 people located in            department has a lien under this section       of a crime victim should give notice to the
    Jackson County (www.prestoniowa.org). This       shall notify the department of the claim.      Crime Victim Compensation Program upon
    general practice has an established client       For further information, contact Victoria      filing a claim on behalf of the recipient. The
    base in Clinton and Jackson Counties includ-     Vivirito, 515/725-1007.                        Crime Victim Compensation Program will
    ing a substantial tax business. The practice        Estate Recovery – Iowa Code 249A.5(2)       pay a prorated share of the expenses
    features modern facilities and equipment.        provides that the provision of medical         incurred in obtaining a judgment or verdict.
    Terms negotiable. Please submit letters of       assistance creates a debt due the department   Questions? Contact Rob Wheeler, Program
    interest by mail to Annis Bear, P.O. Box 69,     from the individual’s estate for all medical   Administrator, Crime Victim Assistance
    Preston, Iowa 52069, or by e-mail to             assistance provided on the individual’s        Division, 515-281-5044.                   (SE)
    webears@netins.net or by fax to 563-689-3457.    behalf for those recipients 55 years of age
                                           (10-07)




     34   THE
                IOWA LAWYER September 2007
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                                                         Walker to step down as law school dean next May
                                                             David S. Walker, dean of Drake University Law School and the Dwight D. Opperman
                                                          distinguished professor of law, has notified the university and the Law School that he
                   Personal                               will resign as dean at the end of the 2007-08 academic year and return to the faculty.
                                                             Walker has been dean since 2003 and previously served as dean from 1987
    IF DEPRESSION, STRESS, ALCOHOL                        to 1996.
    OR DRUGS are a problem for you, we                       “It has been an incredible privilege and honor to have had the opportunity not only
    can help. We are a non-profit corporation         once but twice to lead the Law School,” Walker said. “I am grateful to have been able to
    offering attorneys free help in a totally         work with our faculty, staff and students, our alumni and friends, and the university to
    confidential relationship. We are the Iowa        move the school forward. It’s a good time for the school to search for the next dean, and
    Lawyers Assistance Program. Under order of        I have further personal and professional goals that I want to pursue.”
    the Iowa Supreme Court, all communication            During Walker’s second tenure as dean, there were numerous positive developments
    with us is privileged and private. Our director   in the Law School, including:
                                                         • The hiring of six new faculty.
    is a former lawyer, a recovering alcoholic and
                                                         • An increase in donations from $155,000 in 2003 to $430,000 in 2007.
    drug addict. He is a trained substance abuse
                                                         • An increase of 150 percent in alumni participation, bringing Drake near the
    counselor and an Employee Assistance                     top quarter of law schools in the frequency of alumni participation.
    Professional (EAP). We cannot help unless            • A gift of $1.5 million from Law School graduate Wayne Kern and his wife,
    you call – 515-277-3817 or 800-243-1533                  Donna Kern, enabling the school to establish the Kern Family chair in
    — or message (in confidence)                             Intellectual Property Law.
    hggrady@iabar.org. All you have to do                • A leadership commitment of $750,000 from Pioneer Hi-Bred International, Inc.
    is ask us to contact you. No other details               to launch an Intellectual Property Law Center that will enhance the curriculum
    are necessary. We will call you. The Iowa                for students, serve central Iowa, and extend the Law School’s reach nationally
    Lawyers Assistance Program also can provide              and internationally.
    speakers for local bar associations. Just ask.       • A $3 million donation from Drake Law School alumnus Dwight D. Opperman
                                              (TF)           to further endow the Opperman Scholar Program.
                                                         • An increase in applications despite a 25 percent decline in law school
                                                             applications nationally over the last three years and an even greater drop
                                                             in the state of Iowa.
                                                         • Raising funds for, constructing and dedicating the National Bar Association
                                                             Archives Room in Opperman Hall and Law Library.
                                                         Walker plans to take a year’s sabbatical leave in 2008-09 and will return to full-time
                                                      teaching in the fall of 2009. He joined Drake in 1975 and specializes in corporate and
                                                      business law. He is a past chair of the ISBA’s Business Law Section, and currently
         THE IOWA STATE                               serves as a member of the Business Law Section Council.
        BAR ASSOCIATION                                  In addition, he is one of Iowa’s three commissioners on Uniform State Laws and has
                                                      served on or chaired drafting committees on business organizations for the National
                                                      Conference of Commissioners on Uniform State Laws.

       www.iowabar.org


       Correction
          The Around the Bar item in the
       August Iowa Lawyer entitled “Fourth
       District bench-bar event to be held
       Sept. 24” had an incorrect e-mail
       address. The address should have been
       suzy@larsonchristensenlaw.com.
          Suzy Larson Christensen is the con-
       tact person for signing up to attend the
       CLE event at Harrah’s in Council Bluffs.
       Registration begins at 8:30 a.m., with
       the program scheduled to start at 9:30
       a.m. Suzy can also be reached by phone
       at 712-755-2000.


                                                                                                   THE
                                                                                                         IOWA LAWYER September 2007 35
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      CLASSIFIED ADS


                      Experts                         • Industry Standards
                                                        American Institute of Architects (AIA) –
                                                                                                   Workmanlike craftsmanship –
                                                                                                     Construction methods
     ARCHITECTURE AND                                   Associated General Contractors (AGC) –     Licenses, Affiliations and Memberships:
     CONSTRUCTION EXPERT WITNESS —                      National Fire Protection Association        Architectural Licenses: Iowa, Nevada,
     Architect, and Contractor, 34 years experi-        (NFPA) – American National Standards        Indiana – National Council of
     ence. Available to assist plaintiff or defense     Institute (ANSI) – American Society of      Architectural Registration Boards
     attorneys. Specializing in:                        Testing Materials (ASTM) – Underwriters     (NCARB) – International Conference of
     • Building Codes                                   Laboratories (UL Standards) – American      Building Officials (ICBO) – Iowa
       Uniform Building Codes (UBC, UMC,                Society of Refrigeration Engineers          Association of Building Officials (IABO) –
       UPC, UEC, UFC) – Americans with                  Association (ASREA)                         National Safety Council (NSC) –
       Disabilities Act (ADA) – OSHA –                • Usual and Customary practices               Iowa/Illinois Safety Council (IILSC) –
       International Building Code (IBC) – Life         Safety – Owner – Contractor relations       National Fire Protection Association(NFPA)
       Safety Code (NFPA 101) – Council of              Undocumented agreements / Change           John G. Kujac, NCARB • 515-795-4001
       American Building Officials(CABO)                 orders / Cost overruns                                                           (SE)




                                                                                                         Drake Law School welcomes
                                                                                                         two new faculty members
                                                                                                             Michele Mekel and Luke Meier have
                                                                                                          joined the faculty of Drake University
                                                                                                   Law School as visiting assistant professor of
                                                                                                   law and assistant professor of law, respective-
                                                                                                   ly. Mekel, who will teach Introduction to Health
                                                                                                   Law, Administrative Law and Bioethics, comes
                                                                                                   to Drake after serving as executive director of
                                                                                                   the Institute on Biotechnology and the Human
                                                                                                   Future and associate director of the Center on
                                                                                                   Nanotechnology and Society at the Illinois
                                                                                                   Institute of Technology/Chicago-Kent College
                                                                                                   of Law. She was visiting Fulbright Fellow at
                                                                                                   Queen’s University Centre for Health Services
                                                                                                   and Policy Research in Kingston, Ontario,
                                                                                                   during the 2004-05 academic year and con-
                                                                                                   ducted a comparative study of Canadian and
                                                                                                   U.S. academic-affiliated health policy centers.
                                                                                                       Mekel earned a bachelor’s degree in journal-
                                                                                                   ism, an M.B.A., an M.H.A. and a J.D. from the
                                                                                                   University of Missouri-Columbia. At the Law
                                                                                                   School she was editor in chief of the Missouri
                                                                                                   Law Review.
                                                                                                       Meier will teach Property and Natural
                                                                                                   Resources Law and will be developing a spe-
                                                                                                   cial course in Water Law. He comes to Drake
                                                                                                   after serving for two years as visiting profes-
                                                                                                   sor of law at the University of Nebraska
                                                                                                   College of Law. Prior to his time at Nebraska,
                                                                                                   he practiced as a commercial litigator, first as
                                                                                                   an associate with Vinson & Elkins LLP and
                                                                                                   then as assistant attorney general of Texas.
                                                                                                   After law school, Meier clerked for Judge
                                                                                                   Michael Murphy on the Tenth Circuit Court
                                                                                                   of Appeals.
                                                                                                       Meier earned his bachelor’s degree in
                                                                                                   history and political science from Kansas
                                                                                                   State University and his J.D. from the
                                                                                                   University of Texas School of Law. In Law
                                                                                                   School he was managing editor of the
                                                                                                   Texas Law Review.

     36   THE
                IOWA LAWYER September 2007
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     Lawyer by day, referee by night —
     Goals in sports officiating similar
     to those in practice of law
     By Steve Boeckman

       Randy Waagmeester doesn’t recall even         coach asked
    noticing the officials when he was playing       him and sev-
    football and basketball at Central Lyon          eral others
    Community High School and football               who were
    at Buena Vista College in Storm Lake.            active in
       Ironically, now he is one.                    sports during
       The 54-year-old proprietor of                 their high
    Waagmeester Law Office, PLC in Rock              school years if
    Rapids has been chasing up and down              they’d be will-
    the sidelines of football fields and basket-     ing to offici-
    ball courts for 28 years as a high school        ate at football            Randy heads down the field while keeping
    official and 20 years in the college ranks.      games. There               a close eye on the developing play during
       In some ways, maybe it’s not so surpris-      was a need                 the 35th Annual Shrine Bowl game at Jack
    ing that this father of two children and         for officials,             Trice Stadium in Ames. As a line judge,
    stepfather of two would spends his nights        especially for             he positions himself deep in defensive
                                                                                territory along one sideline.
    making sure all is fair on the field or          the junior
    court. Officiating a sporting event is not       high and jun-
    too different from practicing law.               ior varsity
       “We don’t decide who wins the game,”          games.
    he says. “We just want to do a good job             Five or six years after he started officiat-            help out with a junior varsity football
    and make sure there is a fair opportunity        ing football, Randy added basketball to his                game on Monday nights.
    for both teams.”                                 repertoire. Today he officiates primarily                     Basketball season is a bit more time
       Randy started in the sports officiating       women’s college basketball games for sev-                  intensive. Typically Randy spends three
    business as a favor to his old high school       eral conferences — North Central, Great                    nights a week — Wednesday, Friday and
    football coach at Central Lyon. The              Plains Athletic and Northern Sun                           Saturday — officiating. That’s down from
                                                     Intercollegiate. He estimates that he offici-              the five nights a week he spent six to
                                                     ates about a dozen high school and 35 to                   seven years ago.
                                                     40 college basketball games in a season.                      Even so, the nights can be long some-
                                                        Even though most of the schools in                      times. In July, he and a crew of five other
                                                     these conferences are located in north-                    football officials from Rock Rapids officiat-
                                                     western Iowa, southwestern Minnesota,                      ed at the 35th Annual Iowa Shrine Bowl in
                                                     southeastern South Dakota and north-                       Jack Trice Stadium on the campus of Iowa
                                                     eastern Nebraska, there is usually travel                  State University. He and his fellow
                                                     involved, he says. Where possible he and                   crewmembers left Ames at 10:30 p.m. after
                                                     the rest of his crew — three for basket-                   the game and drove back to Rock Rapids.
                                                     ball, five for high school football and six                   “I got to bed at 3:30 a.m.,” he says.
                                                     for college football — try to ride together.               “Then I got up at 6 a.m. to climb on my
                                                                                                                bicycle and ride RAGBRAI.”
                                                     Late nights                                                   The ability to spend this amount of
                                                        In a typical week during football sea-                  time on officiating is one advantage of
                                                     son, Randy will work a high school game                    owning his own law practice, he says.
                                                     on Friday night and a college game on                      However, he thinks that soon he’ll
                                                     Saturday afternoon. Occasionally, he’ll                    probably start scaling back on his
                                                                                                                offi-ciating activities as his children
                                                                                                                get older and more involved in their
                                              Randy signals a field goal during the 35th Annual Shrine          own actitivities. Presently stepson Tyler
                                              Bowl at Jack Trice Stadium in Ames. As a line judge, he
                                              stands on the line under the goal post during field goal
                                                                                                                is a sophomore in high school, and
                                              and point after attempts.

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                                                                                                                     IOWA LAWYER September 2007 37
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     stepdaughter Tori is in seventh grade.                   wasn’t sure he wanted to go back to
     His daughters Whitney and Veronica                       his hometown.
     are five years and two years of age.                        By the time August rolled around and
                                                              he hadn’t heard anything from the FBI,
     Legal profession                                         Randy decided to go back home and
        Unlike many Iowa attorneys who have                   join Fisher and DeWaay. Ironically, three
     family members or relatives in the legal                 months after he’d joined the firm, the
     profession, Randy says no one in his fam-                FBI called and said he’d been accepted.
     ily had any connection with the practice                 At that point, he was beginning to get
     of law. His interest in the law began his                established in Rock Rapids and decided
     senior year at Buena Vista. As part of his               not to pursue the FBI opportunity.
     major in general business, he took a                        Fisher and DeWaay have since passed
     course in business law taught by attorney                on and Randy has had his own practice
     Jim Schall of Storm Lake. He found the                   since 1991. Presently the practice includes
     class “very interesting,” and visited with               two associates and three secretaries. It is
     Schall numerous times. Schall suggested                  a typical county seat practice, he says.
     he take the LSAT.                                        The attorneys do about everything
        At that time, “I was either going to take             except bankruptcy and tax returns.
     the LSAT or go to graduate school to be                     The oldest of four — two brothers and       Randy compares notes with fellow line judge Scott
     a city planner,” he says. He chose to take               a sister — Randy is also involved in sever-    Sieperda after a touchdown. All six officials for the
     the LSAT and was accepted at Drake                       al other local community organizations,        Shrine Bowl game were from Rock Rapids, although
     University School of Law and at the                      among them the Kiwanis Club, the               most of the officials Randy usually teams with are
                                                                                                             from Sioux Falls, S.D.
     University of South Dakota School of                     Economic Development Corporation
     Law in Vermillion.                                       Board, the Board for the Community
        Even though Vermillion would have                     Foundation of Lyon County and the              game in the Dakota Dome in Vermillion,
     been closer to his hometown in the                       finance committee at his church.               S. D., three different years. As one might
     extreme northwest corner of the state,                      His officiating, however, is not local.     guess, the atmosphere is fairly highly
     he decided to attend Drake since he                      He tries to stay at least 25 miles away        charged.
     planned to practice in Iowa.                             from Rock Rapids. Occasionally, he’ll             He remembers the first game the crew
        When he graduated from Drake Law                      officiate at a junior high or junior varsity   officiated was between Rapid City Stevens
     School in 1978, Randy wasn’t sure where                  game in town or at a nearby school.            High School and Sioux Falls Washington
     he was going. He applied at several state                   As far as his officiating is concerned,     High School. The score was 0-0 until the
     agencies and law firms in Des Moines. He                 Randy has had some memorable                   very end of the game when Rapid City
     also traveled to Omaha and applied to be                 moments and some challenges. He                kicked a field goal.
     an FBI agent. The Rock Rapids law office                 and his high school football crew, most           The kicker was a soccer-style kicker so
     of Earl Fisher and Don DeWaay offered                    of whom live in Sioux Falls, have officiat-    he kicked the ball high and long, higher
     him the opportunity to join, but he                      ed the AA high school championship             than the tops of the goalposts, Randy
                                                                                                             says. The referee, who is the crew chief,
                                                                                                             called it good. From his vantage point,
                                                                                                             it looked good. The game ended 3-0.
                                                                                                                A television sports reporter from Sioux




                                                                                                                                            Randy stocks up on
                                                                                                                                            water in the coaches’
                                                                                                                                            dressing room at Iowa
                                                                                                                                            State University’s Jack
                                                                                                                                            Trice Stadium before
                                                                                                                                            heading out to the
                                                                                                                                            field. Officiating pro-
     Randy (left) and referee Dave Foltz (right) coordinate how time outs for                                                               vides good exercise,
     television commercials will be handled with a Fox News representative                                                                  he says.
     in the coaches’ dressing room at Jack Trice Stadium. The coordination
     was required for the television station’s coverage of the 35th Annual
     Shrine Bowl game in late July.



     38   THE
                IOWA LAWYER September 2007
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     Falls who was at the game, said the kick passed over the top of one
     of the uprights instead of between them. Football rules specify that
     “the kicked ball shall pass between the vertical uprights or the
     inside of the uprights extended and above the crossbar of the
     opponent’s goal.”
       The TV station kept airing footage of the kick. The crew chief
     received phone calls at home for 10 days after the game. The
     number and nature of the calls was so bad he finally took his
     phone off the hook.
       When asked why he keeps officiating, Randy ticks off several
     reasons:
       • It’s an opportunity to stay involved with kids and coaches.
       • It’s good exercise.
       • He makes a “little bit of money,” though not really enough                                       Building
          to compensate for the time spent.
       • It’s an opportunity to give something back to organized                                    on a solid foundation
          athletics.
       • Usually the people you referee with become your
          close friends.
       Mostly he officiates because he loves it.
       “I tell my wife, I don’t golf, I don’t hunt, I don’t fish, so don’t
     make me quit officiating,” he says.

     Members of the task force responsible for selecting candidates for the series are asking
     for help. If you know someone who is an outstanding lawyer and volunteer, please
     submit his or her name to: James R. Van Dyke, 225 E. 7th St., P.O. Box 486,
     Carroll, IA 51401-08223; phone: 712-792-9734; e-mail: jvandyke@1043.net.




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     Randy signals a pass incomplete in the end zone on his side of the field.

                                                                                                                THE
                                                                                                                      IOWA LAWYER September 2007 39
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