Iowa lawyers serving US in war zone
Transcription
Iowa lawyers serving US in war zone
THE Volume 64 Number 4 April 2004 IOWA LAWYER Iowa lawyers serving U.S. in war zone ALSO IN THIS ISSUE – Dick Calkins’ mock trial impact felt nationally – Chief Justice paints somber picture – Appealing for more Pro Bono volunteers All The Protection of Heavy Armor The Iowa State Bar Association–endorsed Liability Plan I n today’s unpredictable legal environment, you run the risk of being sued. You might unexpectedly face a statute of limitations violation, breach of contract, misrepresentation, or other liability issue. That’s why having the best liability protection is crucial. You have to be prepared for anything. And that includes wearing a suit of armor—of sorts. Because you’re a member, you qualify for the only protection solid enough to be recommended and endorsed by the Iowa State Bar Association. Your new armor from the Iowa State Bar Association includes ... • Reimbursement for loss of earnings— $500.00 a day—up to $10,000.00. • Reduced deductible for claims resolved through alternative dispute resolution. • Claim expenses payable in addition to the limit are available. • Coverage for the defense expenses for disciplinary actions—up to $5,000.00 per attorney. • Free tail when you retire (must meet qualifications). Prepare yourself for the battles that lie ahead. • Broad definition of persons insured. • Expanded definition of personal injury— including injury occurring in the course of Named Insured’s advertising. • 60-day mini-tail provided for free. • 5% discount for Iowa State Bar Association membership. BONUS Learn more about the Iowa State Bar Association– endorsed Liability Plan. Call toll-free 1-800-435-7904 today. THE CONTENTS IOWA LAWYER Volume 64 Number 4 April 2004 Published at 521 East Locust Des Moines, Iowa 50309 Charles Corcoran, Editor 515-243-3179 THE IOWA STATE BAR ASSOCIATION OFFICERS 2003-2004 ABA proposes rule on financial responsibility – Collins. . . . . . . . . . . . . . . . . . . . . . . . . 4 Iowa lawyers serving with honor in Iraq – Nell, Larson, Stanger . . . . . . . . . . . . . . . 6 Rosenberg heads Civil Rights Commission. . . . 9 Minority rights equity still a way off, ABA says . . . . . . . . . . . . . . . . . . . . . . . 10 Lavorato reports next year my be toughest yet . . . . . . . . . . . . . . . . . 11 Calkins honored for pioneering mock trial work – Bloch . . . . . . . . . . . . . . 13 Iowa leading in protecting biotech – Lebron-Dykeman. . . . . . . . . . . . . . . . . . 16 CONTINUING LEGAL EDUCATION SECTION – Rue . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Jay Foonberg coming for Annual Meeting . . 18 IowaDocs classes in April and May . . . . . . 19 Workers Comp Seminar April 21 . . . . . . . . 20 Juvenile Law Seminar April 22 . . . . . . . . . 21 Criminal Law Seminar April 29 & 30 . . . . . 22 Bridge the Gap May 6 & 7 . . . . . . . . . . . . 23 Spring Ethics Seminar May 11 - 14 . . . . . . 25 Local Government Financing May 12 . . . . . 26 Transitions . . . . . . . . . . . . . . . . . . . . . . . . 27 NEW Leadership Development & Orientation Program – Oliver . . . . . . . . . . 29 We can’t forget pro bono! – Toresdahl . . . . . . 30 Pro Bono Honor Roll . . . . . . . . . . . . . . . . . 31 Classified Advertisements . . . . . . . . . . . . . . 34 Bench-Bar Conference: It’s a whole new ball game! May 20 - 22 . . . . . . . . . . . . . . 38 ISBA Two-person Best shot State Championship July 12 . . . . . . . . . . . . . . . . . . . . . . . . . 40 President, Kevin Collins, Cedar Rapids President-elect, Nicholas Critelli, Jr., Des Moines Vice President, J. C. Salvo, Harlan Immediate Past President, Alan E. Fredregill, Sioux City Executive Director, Dwight Dinkla, Des Moines 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. Postmaster: Send address changes to The Iowa Lawyer, 521 East Locust, Des Moines, IA 50309. ABOUT THE COVER The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave., Des Moines, IA 50322. Telephone (515) 270-0402. Art Director: Peggy Card ARMED AND READY – Clad in body armor, some of the first United States soldiers flew to Qayyarah, Iraq, in a Blackhawk helicopter. Serving in an advance party to establish a new location for First Brigade of the 101st Airborne Division, Major Roger Nell, at left, an Iowa attorney, was among 12 AirAssault troops in three choppers leading the way. Read Roger’s story and those of two others with Iowa legal ties in their own words, starting on page 6. Classified Advertising Qualifying ISBA members – 2 months free; $70 thereafter Non-members – $110 per column inch per insertion See classified section for details. For Display Advertising Rates Contact David R. Larson (515) 440-2810; or write: The Iowa Lawyer, c/o Larson Enterprises, 909 50th St., West Des Moines, IA 50265. Communicating with The Iowa Lawyer online: Send your comments and Letters to the Editor to ccorcoran@iowabar.org. Please include your daytime phone number should we need to contact you with an answer or for verification. Executive Director Dwight Dinkla’s electronic mail address is ddinkla@iowabar.org. Assistant Executive Director Harry Shipley’s address is hshipley@iowabar.org. Iowa State Bar Association Board of Governors OFFICERS: Kevin Collins, president, Cedar Rapids, (319) 365-9461; Nicholas Critelli, Jr., president-elect, Des Moines, (515) 243-3122; J. C. Salvo, vice president, Harlan, (712) 755-3141; Dwight Dinkla, secretary, Des Moines, (515) 243-3179, Alan E. Fredregill, immediate past president, Sioux City, (712) 255-8838 DISTRICT 1-A: Marion Beatty, Decorah, (319) 382-4226; Stephen Juergens, Dubuque, (319) 556-4011. DISTRICT 1-B: Timothy Sweet, Reinbeck, (319) 345-4696; George L. Weilein, Waterloo, (319) 233-6163. DISTRICT 2-A: C. Bradley Price, Mason City, (641) 423-1173; Thomas A. Lawler, Parkersburg, (319) 346-2650. DISTRICT 2-B: Steven W. Hendricks, Fort Dodge, (515) 576-4127; Joel T. Greer, Marshalltown, (641) 752-5467; Jim P. Robbins, Boone, (515) 432-7114; DISTRICT 3-A: A. David Bibler, Algona (515) 295-3565. Joseph Fitzgibbons, Estherville, (712) 362-7215 DISTRICT 3-B: James Lohman, Denison, (712) 263-4627 Dan A. Moore, Sioux City, (712) 252-0020 DISTRICT 4: Alan Anderson, Logan, (712) 755-3141 Charles L. Smith, Council Bluffs, (712) 325-9000 DISTRICT 5-A: Mark Otto, Newton, (641) 792-4160 DISTRICT 5-B: Elisabeth S. Reynoldson, Osceola, (641) 342-3423 DISTRICT 5-C: Steven Lytle, Des Moines, (515) 283-8159 Michelle A. McGovern, Des Moines,(515)281-6620 Paul Tyler, Des Moines, (515) 246-4513 Frank Carroll, Des Moines, (515) 288-2500 Jane Lorentzen, Des Moines, (515) 244-0111 Joe Van Winkle, Des Moines, (515) 243-1000 Susan L. Ekstrom, Des Moines, (515) 243-6395 Carol Moser, Des Moines, (515) 237-1561 David C. Craig, Des Moines, (515) 288-0145 Anita L. Shodeen, Des Moines, (515) 237-1186 DISTRICT 6: Marsha Beckelman, Cedar Rapids, (319) 297-7515 Marsha A. Bergan, Iowa City, (319) 351-5193 Christine M. Luzzie, Iowa City, (319) 351-6570 Daniel Y. Rathjen, Tama, (641) 484-5211 J. Michael Weston, Cedar Rapids, (319) 366-733. DISTRICT 7: A. John Frey, Jr., Clinton, (563) 242-1832 Gerald Denning, Wilton, (563)732-2666 DISTRICT 8-A: John Morrissey, Fairfield, (641) 472-3144 Rick L. Lynch, Bloomfield, (641) 664-3188 DISTRICT 8-B: Roger Huddle, Wapello, (319) 523-4221 IOWA JUDGES ASSOCIATION REPRESENTATIVE: Honorable John Nahra, immediate past president, IJA EX-OFFICIO MEMBERS: James Carney (legislative counsel) Des Moines, (515) 282-6803 ABA DELEGATES: David Funkhouser Mason City, (515) 423-6223 David Brown, Des Moines, (515) 244-2141 Jay Eaton, Des Moines, (515) 832-6565 YLD OFFICERS: Aaron Oliver, president, Des Moines, (515) 244-2141 Joseph T. Moreland, president-elect, Iowa City, (319) 337-9606 Matthew Preston, secretary, Cedar Rapids, (319) 866-9277 Timothy Semelroth, immediate past-president, Cedar Rapids, (319) 365-9200. THE IOWA LAWYER March 2002 3 THE PRESIDE ABA Proposes Model Rule on Lawyer Disc TATE AS N O AS SO R BA IOW Kevin Collins C I ATI Two recent issues of The Iowa Lawyer have devoted columns to loss prevention. This topic will also be on the agenda at the ABA Annual Meeting in Atlanta in August, 2004. A proposal which has received a mixed response is the Model Rule on Financial Responsibility. This model rule addresses disclosure of whether a lawyer or law firm carries professional liability insurance. The ABA Standing Committee on Client Protection will recommend to the ABA House of Delegates the adoption of a Model Rule on Financial Responsibility. The full text of the proposed Model Rule is set out in the accompanying side bar. Alaska, New Hampshire, Ohio and South Dakota have amended their Model Rules of Professional Conduct to require lawyers to disclose to their clients whether they maintain professional liability insurance. Delaware and Michigan require lawyers to disclose on their annual certification to the state Supreme Court whether they maintain professional liability insurance and Nebraska, North Carolina, and Virginia require lawyers to disclose on their annual registration 4 THE IOWA LAWYER April 2004 statement with the state bar association whether they maintain professional liability insurance. In Nebraska and Virginia, information regarding a lawyer’s professional liability insurance is made available to a potential client if the client contacts the bar association and requests it. Oregon is the only state that mandates professional liability insurance as a condition of practicing law. As set forth below the disclosure requirements vary from state to state. Oregon has the most stringent requirement which is that all lawyers must maintain coverage as a condition of licensure: Alaska: A lawyer shall inform the client in writing if the lawyer does not maintain liability insurance with limits of $100,000 per occurrence and $300,000 annual aggregate. Lawyer to maintain disclosure records for 6 years from termination of representation. Delaware: Annual certification to State Supreme Court whether lawyer/firm has malpractice coverage. Michigan: Annual certification to State Supreme Court whether lawyer/firm has malpractice coverage. Nebraska: Annual certification to state bar association whether member is currently covered by professional liability insurance. Information regarding whether lawyer/firm maintains insurance coverage will be made available to member of the public upon inquiry. New Hampshire: Lawyer shall inform client at time of engagement or at any later time if the lawyer does not maintain professional liability insurance of at least $100,000 per occurrence and $300,000 aggregate. A separate form shall be signed by client acknowledging notice by the lawyer. Lawyer must maintain a copy of notice for 5 years following termination of representation. North Carolina: Annual certification to state bar association whether lawyer/firm maintains professional liability insurance. Ohio: Lawyer shall inform client at time of engagement, or at any later time during representation if the lawyer does not maintain professional liability insurance of at least $100,000 per occurrence and $300,000 aggregate. A separate form shall be signed by client acknowledging notice by the lawyer. Lawyer must maintain a copy of notice for 5 years following termination of representation. Oregon: Requires lawyers to maintain professional liability insurance. South Dakota: If a lawyer does not have professional liability insurance with limits of at least $100,000, or if during the course of representation the coverage lapses or is terminated, a lawyer shall promptly disclose to the client as a component of the lawyer’s letterhead. In other words a lawyer without coverage is required to use letterhead in communications with clients which discloses the lack of coverage. Since the rule mandates the disclosure only to clients it means lawyers without coverage will have two sets of letterhead. One to communicate with clients and one for all other communications. Virginia: Annual certification to state bar association whether lawyer/firm maintains professional liability insurance. Information regarding whether lawyer/firm maintains insurance coverage will be made available to member of the public upon inquiry. NT’S LETTER losure of Professional Liability Insurance The ABA Standing Committee on Client Protection believes that whether a lawyer maintains professional liability insurance or another form of adequate financial responsibility is a material fact that may bear upon a client’s decision to hire a lawyer. It is the Committee’s position that lawyers should be required to make this information available to prospective clients so that the clients can make a fully informed decision when deciding whether to hire a lawyer. In lieu of recommending an amendment to the ABA Model Rules of Professional Conduct, the proposed Model Rule would require lawyers to disclose on their annual registration statement whether they maintain professional liability insurance or another form of adequate financial responsibility. Failure to make the required disclosure would not be a disciplinary offense but rather would result in a lawyer’s administrative suspension until such time as the lawyer complies with the Rule. The ABA has requested that each state bar association bring this matter to the attention of its governing board to provide input. This issue is of sufficient importance that the ISBA would like to hear from members. Specifically, we would like to know if you support the idea of requiring lawyers to disclose on their annual registration statement whether they maintain professional liability insurance or another form of adequate financial responsibility and, if so, if you have any suggestions on how the proposed ABA Model Rule could be improved. Please take the time to review the proposed rule and contact the bar association or your governor. AMERICAN BAR ASSOCIATION STANDING COMMITTEE ON CLIENT PROTECTION A B A MODEL RULE ON FINANCIAL RESPONSIBILITY RULE ___. FINANCIAL RESPONSIBILITY A. The purpose of this Rule is to make information available to the public about the financial responsibility for professional liability claims of each active lawyer admitted to practice law in [jurisdiction]. Each lawyer shall, upon admission to practice law in [jurisdiction], and with each subsequent annual registration statement, submit the certification required in this Rule. B. Every active lawyer shall certify to the [highest court of the jurisdiction] on or before [July 31 or December 31 of each year]: 1) whether the lawyer is engaged in the private practice of law; 2) if so engaged, whether the lawyer is currently covered by professional liability insurance with limits of not less than $100,000 per claim and $300,000 policy aggregate covering generally insurable acts, errors and omissions occurring in the practice of law, other than an extended reporting endorsement; 3) if the lawyer is so engaged and is not covered by professional liability insurance in the above minimum amounts, whether the lawyer has another form of adequate financial responsibility and describing same with reasonable particularity; 4) whether there is any unsatisfied final judgment(s) against either the lawyer, or any firm or professional corporation in which the lawyer has practiced, for acts, errors, or omissions (including, but not limited to, acts of dishonesty, fraud or intentional wrongdoing) arising out of the performance of legal services by the lawyer, including the date, amount and court where the judgment(s) was rendered; and 5) whether the lawyer is exempt from the provisions of this Rule because the lawyer is engaged in the practice of law as a full-time government lawyer or in-house counsel and does not represent clients outside that capacity. C. The foregoing shall be certified by each active lawyer admitted to practice law in [jurisdiction] in such form as may be prescribed by the [highest court of the jurisdiction] and shall be made available to the public by such means as may be designated by the [highest court of the jurisdiction]. D. Any active lawyer who fails to comply with this Rule in a timely fashion, as defined by the [highest court in the jurisdiction], may be suspended from the practice of law until such time as the lawyer complies. Supplying false information in response to this Rule shall subject the lawyer to appropriate disciplinary action. E. Definitions. 1. “Another form of adequate financial responsibility” means funds, in an amount not less than $100,000, available to satisfy any liability of the lawyer arising from acts or omissions by the lawyer or other persons employed or otherwise retained by the lawyer. The funds shall be available in the form of a deposit in trust in a [jurisdiction] trust company of cash, bank certificate of deposit or United States Treasury obligation, a bank letter of credit or a surety or insurance company bond. THE IOWA LAWYER April 2004 5 Heroics, perseverance, sense of purpose, patriotism: Iowa lawyers serving with honor in Iraq war zone By Major Roger Nell, Major Chuck Larson and First Lieutenant Kristina Stanger War stories told by soldiers in a war zone aren’t just all about shooting. They often let you see inside them, what they might not normally show just anyone. They tell of loneliness, fear and faith. They are of principles, pride in what they see as mission, passion for justice and longed-for peace. They are of new experiences and counting days down. They are of missed families and friends. Lt. Stanger, right, smiles in a chow line. The food isn’t bad. Here two members of our bar and a law student from Drake University Law School tell how real people see Operation Iraqi Freedom from the inside and how they dealt or are dealing with it. Major Roger Nell, today the district public defender in Clarksville, Tennessee, has been a member of the ISBA since June, 1990. Major Charles (Chuck) Larson, well known in Iowa as Republican Party chair and a state legislator, had been working as a corporation counsel when he received his orders to deploy to Iraq a few months ago. He is in the war zone now. First Lieutenant Kristina Stanger of A Company, 109th Medical Batallion was in Iraq, in a place called Mosul. She is heading home now, dreaming of going to a paradise called Jamaica. It has been the dream that helped sustain her. From Major Nell – “Having just returned from a tour of duty in Iraq, I thought it might be appropriate to share some observations. I have a long list of things that I have learned over the last year, some related to home (my wife Rhonda is extraordinary), 6 THE IOWA LAWYER April 2004 some related to policy (like the EPA is not a bad thing after all), some related to comfort (indoor plumbing is a great thing), and others. Let me share two: the excellence of the American soldier and the state of the Iraqi judicial system. “During the war, I was concerned mostly with making sure commanders did not have to answer for actual or perceived violations of the law of war. It was my job Here the lieutenant is aboard a C130 heading out. to make sure that operations were conducted within the rules set out in the Hague Regulations and Geneva Conventions. To do that, my team ... and I monitored the combat operations 24 hours a day in the brigade tactical operations center. We went out onto the battlefield with the brigade commander to observe the situation. We attended targeting meetings to ensure that proposed targets were lawful and that the weapon system directed at a target was appropriate. We also reviewed the handling of prisoners. “When major combat operations concluded, we found ourselves in Qayyarah in Northern Iraq, about an hour’s drive south of Mosul. We spent nine months establishing local government, rebuilding infrastructure, and providing security in that area. My team and I focused early on finding the local courts, finding the judges (who had all fled), learning about the judicial system, and getting it all working again. We were helped greatly by two men: Mahmood Hammed who was our translator and a lawyer and Hussein Mansour, also a lawyer, who became the mayor of his town. “The judicial system, at the local and provincial level, is pitiful. One would think that a culture that can boast of the Code of Hammurabi and a civilization that dates back 4,000 years and more would be more sophisticated or simply more functional. It is apparent that Saddam’s regime held no regard for the rule of law. Court facilities had seen no repairs, let alone Major Larson at a map during a battle simulation. improvements, in over 12 years. Judges’ salaries were about $150 a month, which, for one judge in our area, was sufficient for about a week’s worth of necessities for his family of 5. The former regime assigned judges to areas far removed from their familial and tribal ties, which paralyzed the judges’ ability to make hard decisions. Of course, to even be a judge, you had to be a member of the Ba’ath Party. “You can be proud of U.S. soldiers in every respect, including this one. The discipline of the soldiers and the judicious use of force by commanders made this aspect of our job easy. Our soldiers, through excellent training, knew when and how much force to apply in the situation. There were times that called for all out firepower, and they poured it on. When the brigade entered An Najaf, Saddam Fedayeen soldiers fought desperately and were overwhelmed by our firepower. “There were times for restraint, and they showed it. At the Mosque of Ali in An Najaf, our soldiers were confronted by an overwhelming, angry mob and the battalion commander ordered the soldiers to take a knee and smile. There were times when they could have lawfully poured it on, but didn’t. A patrol had found a cache of mortar rounds and set up an ‘overwatch’ position with orders to kill whoever went there to retrieve the munitions. Instead, the patrol leader captured the insurgents without firing a shot. “Still, we found some judges to be motivated individuals who had a strong desire to see the judiciary become independent. Under our protection, the courts were the first government agency to reopen in our area. The judges, more so than the average citizen, showed initiative and a desire to work. In fact, they all returned to work and continued working even though they didn’t get paid for months as we tried to unravel the fiscal mess. We obtained funds to renovate the three courthouses in our area, in the hope that improved facilities will increase respect for the law as they move towards the rule of law rather than the rule of Saddam. There is a spark, at least at the local level, to improve matters, but it is contingent upon matters being settled at the national level.” Roger received his law degree with honors from Drake University in 1990 and graduated from the University of Iowa with honors in history in 1987. He is a major in the Judge Advocate General’s Corps assigned to the 139th Legal Support Organization in Nashville, Tennessee, and was activated and deployed with the 101st Airborne Division (Air Assault) in March, 2003. He was assigned to the 1st Brigade after a grenade attack injured the regularly assigned judge advocate. Upon release from active duty in late March, 2004, he returned to his position as District Public Defender for the 19th Judicial District of Tennessee to which the governor of Tennessee appointed him in 2000 and to which he was elected in 2002. He was awarded the Bronze Star for his service in Operation Iraqi Freedom. Upon returning to the U.S., he learned that he had been selected for promotion to lieutenant colonel. He can be reached at roger.nell@state.tn.us or roger.nell@bellsouth.net From Major Larson – “I have good news. We arrived safe and sound in Iraq! After spending 10 days in Kuwait, we convoyed north. It was a long Major Nell with an indispensable Iraqi advisor. and dangerous two-day journey. “The final day of the route we took is in the most dangerous area in the country there was one roadside bomb ahead of our convoy that morning and three the day before. This brought reality home to everyone about the environment we are working in. This is what we expected, but it is just something no one can truly understand until you are in that situation. All of our weapons were fully loaded, at the ready. “Two hours after our arrival, we received our first mortar round. Should make life here interesting. Last week they had a French or Russian rocket hit a tent, went through a person’s sleeping bag and cot. It did not explode and no one was hurt. The mortar attacks occur on nearly a daily basis, but everyone seems to carry on with life as if that were not the case. “Our new home is about like Gilligan’s Island. Everything was built by hand – desks, benches, shower points, etc. The soldiers that we are replacing did this work. The weather in the summer will reach about 140 on a regular basis. Most folks lose 20 lbs or more, but then put it back on in the winter. I have attached some photos, one from Kuwait (the tents we lived in) and several from our convoy. The lower half of Iraq is an alluvial plain or a river basin. Thus, the ground is nothing more than extremely dry silt. It is almost a white powder and it covers everything. The river shot is of the Tigris River. Much of the river basin used to be wetlands and is thought to be the Garden of Eden. The Shi’a Muslims populate this area of the country, and as you know, they were not supporters of Hussein. Although they were a political minority, they represent 60 percent of the population. Because Saddam considered them the enemy, he had them murdered (mass graves with an estimated 300,000 plus buried), their The ball of the sun sets over a military tent city in the desert. homes burned and bulldozed. Canals were dug through the wetlands to drain the water and to deny the Shi’a their very existence. If digging canals did not work, he would then poison the water. It is truly a very sad story. As you can imagine, the Iraqis in this part of the country were thrilled to see us. They lined the highway to welcome us. We saw very few homes and could not figure out where they all lived. The few homes that we did see where tents or very primitive mud-brick, single-room dwellings. From Baghdad on to the North, it is an entirely different story. The Sunni Muslims ■ Preparing complete, accurate, written reports for ■ litigation support ■ economic loss in personal injury and death ■ divorce settlements ■ employee stock ownership plans ■ damages from lost profits ■ estate and gift taxes ■ acquisitions and sales Attorneys, CPA’s, IRS Experts, CFA, American Society of Appraisers, Senior Member (individual). PHILIP SCHNEIDER & ASSOCIATES, INC. www.schneidervaluation.com 515-225-0000 or 1-800-383-3083 Fax 515-225-1539 ONE CORPORATE PLACE 1501 42ND STREET • SUITE 294 WEST DES MOINES, IOWA 50266-1098 THE IOWA LAWYER April 2004 7 predominately populate this area and they were Hussein’s strongest supporters. They received all of the benefits of his regime. I found out that Sunni Muslims represent only about 30% of the population (with the remaining 10 percent of the population, a mix of Christians and other religions). The Shi’as are much more religious whereas the Sunnis are less religious and more political. I would estimate that 40 percent of the people in the northern area are supportive and 60 percent are not. When we drove through areas north of Baghdad, few would wave. We saw a little boy run up to the road to wave and his sister grabbed his arm and pulled him away. The last photo is a shot of a worn-out soldier who just wrapped up a two-day convoy through hell. The camouflage vest is body-armor that should stop an AK-47 machine gun round. All four doors of our HMMWV (high mobility multipurpose wheeled vehicle) were replaced with thick steel. I’m glad to be safe and to have a chance to update you on the mission here. It’s an honor to be serving our great country. I wish you all the best. From First Lieutenant Stanger – Things are going fine. Yes I am still kicking. The company has had quite a bit happen in the last 10 days or so. To give you an idea here are just a few of the dramatic events: • Two convoys through bad parts of the country last week in order to retrieve some of my medics from the “outlying” sites. Of course I had a toe to toe with some higher ranking personnel about the release of these soldiers from their areas even though they are my soldiers in the first place. But we returned with minor bruises and no accidents or incidents. • An exchange of my medical professionals: by law (thanks to the First Gulf War) the Reserve component MD’s only have to spend 90 days in theater. This is our fourth and final (we hope) rotation of doctors. It is hard to break them in sometimes as we have been living this way without a lot for months and just a few days to them is torture. In addition most are like Majors or Colonels, so it is often difficult to integrate them with the medics. Believe me I don’t have a lot of patience for that mission ... but I am thrilled to have them here! They always do a great job and then leave us behind. • A new mission to establish a dental clinic in one week. Oh, I forgot to mention we didn’t have any equipment (it had been sent to Battalion for use), no dental technician, and no dentist. But now we got the dentist, so we should begin ops any day. Right? • I have been preparing about six packets of information to present to the Battalion Commander today. I bet I have spent about 18 hours in the office for Your cases have numbers, your clients don’t … AT TO R N E Y S E RV I C E S At Clifton Gunderson, we know numbers; but we never treat you like one. We have a team of CPAs and consultants dedicated solely to working with attorneys. By offering services ranging from business valuations to litigation support to forensic accounting, we can give you the support you need in or out of court. . . . Neither do ours. Ronald E. Nielsen, CPA/ABV, ASA, CFE, CVA Roger C. Jones, CPA, CVA Michael Pfeffer, MBA, CBA, AVA, AM, CDFA Jessica Soppe, FINANCIAL ANALYST Sahan Totagamuwa, FINANCIAL ANALYST 8 THE IOWA LAWYER April 2004 2700 Westown Parkway, Ste 400 West Des Moines, IA 50266 515-222-4400 www.cliftoncpa.com 1715 1st Ave. SE Cedar Rapids, IA 52402 319-363-2697 the last 4 days. Putting out fires. Never mind the fact that I am nervous about flying the 250 miles on a MEDEVAC chopper to the Battalion Area of Operations. I also have to fly lying down on a litter as there will be other three other patients going that way. But, I am required to be there and I will do what it takes. Besides, I have never flown on a litter – generally a good thing – and this will hopefully be my one and only experience with it. • Our timeline for redeployment continues to look like end of March for arriving in the states – Fort McCoy likely. And so my focus is on one day at a time. One issue at a time. Not a problem – only about 67 (rough, best guess – end of March) days to go. And only 103 to Jamaica. Thanks everyone for your prayers and continued support!! I really appreciate it. I promise to do everything in my power to stay out of trouble and get us home safe and sound in the next two months. Take care. God Bless. Then came this note – I have been waiting for over 12 months to write this message: This will be my final email from Iraq. Company A will be in Kuwait by Monday. We will likely have very limited if any access to email at all down there. We will be deep in the process of getting the heck out of here (REDEPLOYMENT) for the next 20 days. .... We will be flying in to Wisconsin.... As we drive into Iowa City we will welcome family, friends, and supporters to line the streets or meet us at our final destination. Not sure if that will be Carver Hawkeye parking lot yet or not – I’ll keep you posted. From there, we will be dismissed for GOOD! And then it is home sweet home. Of course Jaimaca about a month later. Well, I know that everyone is thinking about us and praying for us because we have had some really close hits this last week. Thankfully we are all doing well. But, we could definitely use your continued prayers for this weekend as we convoy over 800 miles through this country and on into Kuwait. Thanks again for everything. I hope the next time I send a message to this wonderful group will be from American soil. All the best to you and yours. God Bless, Kristina. Rosenberg named Rights Commission chief Marion Beatty, a Decorah attorney and member of the ISBA Board of Governors, was unanimously nominated at the March BOG meeting to be the next vice president of the Association. Ballots were sent to members in early March and were due back by March 31. You should know that … all the rules with respect to lawyer advertising are set out in DR 2-101, DR 2-102, and DR 2-105 of the Iowa Code of Professional Responsibility for Lawyers which is Chapter 32 of the Rules of the Iowa Supreme Court. Ames Attorney Ralph Rosenberg, cited for his “strong personal commitment to civil rights,” has been named director of the Iowa Civil Rights Commission by Governor Tom Vilsack and Lt. Governor Sally Pederson. “Ralph Rosenberg has extensive experience in law, in public policy, as a member of the Iowa Legislature and in nonprofit administration, and he has demonstrated a strong personal commitment to civil rights,” Governor Vilsack said. “I am confident he will be a strong and effective leader for the Iowa Civil Rights Commission. “Ralph Rosenberg has a special commitment to helping at-risk children, people with disabilities and other vulnerable Iowans,” Lt. Governor Pederson said. “He is the right choice for this position and we are confident that he will be a strong voice for civil rights for all Iowans.” “I am honored to be chosen for this position, and I look forward to working towards achieving a more inclusive Iowa and a state free of discrimination,” Rosenberg said. He will be leaving his position as the Interim Executive Director of Heartland Senior Services, and will begin work at the Civil Rights Commission on March 29. His previous experience includes: serving as executive director of the Coalition for Children’s and Family Services in Iowa, a group of 32 private and public agencies that provide services to at-risk children and families; coordinator and chair of the Institute for Public Leadership, a statewide institute to train emerging leaders in state government, and executive director of the Youth Law Center in Des Moines. Rosenberg served in the Iowa House of Representatives from 1981 to 1990 and in the State Senate from 1991 to 1994, and practiced law from 1979 to 1995. He has lectured at Iowa State University, Drake University Law School, Upper Iowa University, and Des Moines Area Community College on family law and policy, introduction to law, public interest law, business law, state government and crime and delinquency. The Iowa Civil Rights Commission is the agency charged with enforcing the laws prohibiting discrimination in employment, housing, financial credit, education and public accommodation. Rosenberg’s appointment is subject to confirmation by the Iowa Senate. General Motors Women’s Club of Detroit presents these exciting trips from Detroit (Other departure cities available.) LONDON July 30 - August 7, 2004 From $1,349 Per person, double occupancy. (Plus government taxes.) The time has never been better to visit the most exciting city in the world! London will enchant you with a variety of sights and sounds, from its pomp and ceremony to its restaurants, museums, galleries, spectacular shopping, and perhaps the best and most diverse offerings of theater and music anywhere. Optional excursions are available to see the famed West End and other major London attractions, Stratford-upon-Avon and Warwick Castle; ancient culture and history at Bath and Stonehenge; Windsor Castle; Paris via the Eurostar; London theatre production, and more! SWITZERLAND AND ITALY’S LAKE GARDA September 17 - 25, 2004 $1,399 Per person, double occupancy. (Plus government taxes.) This program combines two of Europe’s most outstanding locations, the Swiss Alps and the Italian Lake District. Optional excursions are available to Lucerne, with its picturesque covered bridges; the incomparable Bernese Oberland; Venice, Italy's most treasured possession; Verona, famed for Shakespeare's legendary lovers, Romeo and Juliet, and more. INCLUDED FEATURES • Round-trip transatlantic air transportation. • First-class and/or Superior first-class hotels. • Breakfast daily. • Transfers between airports and hotels. • Luggage handling and related tipping. • Government and hotel taxes. • Experienced escort guides, and more. Available to members, employees, retirees, their families and friends. For additional information and a color brochure contact: 8000 West 78th Street, Suite 345 Minneapolis, MN 55439-2538 (952) 918-8950 or Toll Free 1-800-842-9023 www.globalholidaysinc.com THE IOWA LAWYER April 2004 9 Minority rights equity still a way off, ABA reports on itself, profession Much work remains to be done before minorities achieve full and equal representation in the American Bar Association and the legal profession as a whole, the ABA Dennis W. Archer Commission on Racial and Ethnic Diversity in the Profession concluded in its Goal IX Report for 2003-2004. The ABA noted in a release that 2003 marked a milestone year in advancing minority leadership, with Dennis W. Archer of Detroit and Robert J. Grey Jr. of Richmond holding the association’s two highest offices. Archer, president, and Grey, president-elect, both are African American. Business Valuation & Litigation Support Services • Business valuations for buy/sell, divorce, gift/estate and FLPs • Damage/lost profit calculations • Investigative accounting • 31 years experience in accounting Cyril Ann Mandelbaum CPA/ABV, ASA, CVA 666 Walnut Street, Suite 1850 Des Moines, IA 50309 Phone (515) 280-8600 Fax (515) 280-8400 E-mail: camcpa@dwx.com 10 THE IOWA LAWYER April 2004 “Progress has been made, but there is much more that can and needs to be accomplished,” said Lawrence R. Baca, chair of the commission. The commission cited the 2000 U.S. Census report that 90 percent of all lawyers and judges in the U.S. were Caucasian, although only 75.1 percent of the general population was. In a voluntary census of ABA members, only 37.9 percent of members identified their ethnicity. Among those, 90.99 percent listed themselves as Caucasian, 2.75 percent designated themselves as African American, 2.5 percent as Asian American, 2.23 percent as Hispanic and 0.52 percent as Native American. These statistics are among data detailed in the commission’s Goal IX Report for 2003-2004. The annual report was developed to monitor progress by the ABA and its various entities in achieving “full and equal” participation of minorities throughout the ABA. The association’s ninth goal is to encourage “full and equal participation” of racial and ethnic minorities in the legal profession. “We conduct this self-analysis because the ABA is the largest and most prominent organization in the legal profession. It should both reflect and lead the broader legal profession. If we in the ABA hope to maintain public confidence in the relevance of the justice system, then it is crucial that our profession reflects and incorporates the diversity that characterizes our nation. We can only lead the profession toward that goal if we continue to strive to achieve it within our own ranks,” said Baca. One measure of progress used by the commission is the proportion of presidential appointees to leadership positions who are racial or ethnic minorities. Of Archer’s 688 appointees, 228 or 33.1 percent were minority lawyers, an all-time high for the association. Of the minority appointees, 44.2 percent were minority women, an increase of 3.1 percent from last year, and the first increase in three years. The association’s Board of Governors, composed of 37 elected representatives from a variety of constituencies, includes six African American and two Hispanic lawyers, two more minorities than last year. Although the composition of the board changes each year and there have been members of other ethnic or racial minority groups in prior years, the commission is “concerned” that there are so few Hispanic and no Asian American or Native American lawyers on the board at this time, according to the report. It described as “disturbing” that only six members of the 67-lawyer nominating committee that selects ABA leaders are racial or ethnic minorities. Of the association’s 28 sections and divisions, only 15 have elected minority lawyers to serve in primary leadership positions, a four-year low. Among ABA forums, the number of minorities in leadership roles increased, with four of the six forums reporting an increase in racial and ethnic diversity. The report urges the leaders of sections, divisions and forums that report little or no minority participation in their leadership work to cultivate increased future minority leadership, and recommends that the future leaders of the ABA educate themselves about issues of racial and ethnic diversity in the profession. The American Bar Association Commission on Racial and Ethnic Diversity in the Profession is a catalyst to change the legal profession to reflect the society it serves. It helps racially and ethnically diverse lawyers advance their careers and standing in the profession. Its leadership, programs and information help the profession understand and eliminate racism, bigotry and discrimination. The commission works to increase racial and ethnic diversity in the legal profession, and thus enrich it. The American Bar Association is the largest voluntary professional membership association in the world. With more than 400,000 members, the ABA provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public. Proposed legislation concerns the court - Chief Justice updates BOG on budget outlook for year By Chief Justice Louis A. Lavorato* Today, I want to touch on a number of subjects, including the budget outlook for the next fiscal year, which begins July 1, some pending legislation that affects the courts, and some other topics that I think are of interest to the Bar. FY 2005 Budget Outlook Next fiscal year, the judicial branch will need up to $5.6 million in new money just to maintain the status quo. This amount includes $1.6 million to supplant salary adjustment money the governor transferred to us this fiscal year, $1.8 million for raises for contract employees, and another $2.2 million for raises for non-contract employees and judges if the legislature and governor approve them. Past Budget Cuts Next fiscal year may turn out to be our toughest year yet. Over the past three years, the judicial branch has sustained a $9.5 million reduction to its budget. To handle these cuts, we’ve reduced our workforce by nearly 11 percent, drastically cut travel, supplies, and education and training programs, and imposed other stringent measures. If we’re forced to make further cuts, I don’t know what they’ll be, but they won’t be pretty. We’re following the situation closely, and making our case with legislative leaders every chance we get. We appreciate the many demands they have before them, but trust they’ll respond to the needs of the judicial branch. Fiscal Impact of Legislation One of the easiest ways the legislature could help us cope with the current financial crisis is to quit piling on more responsibilities for the courts. Legislation, though well-intentioned, almost always adds to our workload, and adding responsibilities without commensurate resources sometimes makes for poor results. As we do every year, we’re closely following legislation for any impact on the court system, and there are many bills under consideration that would impact the courts significantly. Small Claims Jurisdictional Amount A bill pending before the Iowa Senate would increase the jurisdictional amount for small claims cases from $5,000 to $8,000. This would undoubtedly pile more work on judges and clerks. Statistics over the years show us that raising the small claims jurisdictional amount increases the number of small claims cases without a corresponding decrease in the number of regular civil cases. Moreover, as the jurisdictional amount climbs higher, the cases naturally become more complicated and require longer hearings. In addition, the bill provides de novo review for small claims cases over $5,000, which most certainly will result in more appeals. While we are not opposed to the idea of raising the jurisdictional amount to reflect increases in monetary values, it is not prudent to do so now when our resources are stretched to the limit. The Court opposes the bill for this reason. There are lots of other bills pending that would require more hearings, create new types of actions, and make more work for clerks and juvenile court officers. For instance, the tort reform bill moving through the legislature creates new court duties and hearings concerning workers compensation and OSHA safety audits. Another bill lifts the statute of limitations for one year for sexual abuse cases. There are several bills that would involve the courts more on the issue of abortions. And there are all sorts of bills creating new civil and criminal actions. I mention these bills not because we are concerned about their substance, but as examples of the countless ways in which legislation can add to the administrative burden of the courts. While we are always careful to provide a fiscal impact statement outlining the potential fiscal impact of pending legislation, the legislature usually ignores this information. Questionable Plea Agreements On occasion, we ask the legislature for statutory changes to fix certain problems. As you know, last week the Court announced it had asked the General Assembly to repeal all provisions in the Code that allow donations to charities and local anticrime organizations as sentencing options. As I’m sure you know, the court’s request was in reaction to a series of reports by the Des Moines Register about questionable plea practices by some local officials. The reports showed that the application of the statutory provisions allowing charitable donations as sentencing options appears at best widely misunderstood, and Improve Your Evidence ❍ Convert and standardize evidence tapes ❍ Sharpen video recordings ❍ Print images from video ❍ Enhance audio recordings ❍ And more Contact Jim Martin, James Benson, Laura Erickson at 402-291-3381 or 1-800-999-3381 1020 Lincoln Road ❍ Bellevue, NE 68005 ❍ www.dicobe.com Recording Editing Replication THE Packaging IOWA LAWYER April 2004 11 at worst subject to systematic abuse by some local officials. While these provisions are wellintentioned, even their legitimate application suggests favoritism, creating an appearance of impropriety that can undermine public confidence in the impartiality of the judiciary and the integrity of the state justice system. For this reason, the situation warrants nothing less than repeal of these provisions along with an amendment that expressly prohibits donations within the criminal justice system in the future. The Association of County Attorneys has also called for the repeal of these provisions. I strongly urge the Bar Association to join this effort. In addition, the Court called upon the Judicial Qualifications Commission, the Committee on Professional Ethics and Conduct, as well as the Prosecutorial Standards and Conduct Committee of the Iowa County Attorneys Association, to promptly and thoroughly investigate and effectively address any ethical violations related to the practices mentioned in the Register’s reports. The Court has the utmost confidence that the commission and committees will perform their duties as required by law. Ethics Office By the way, I want to compliment the ethics staff. They’re a hardworking, dedicated group. We added another lawyer to the ethics office last year, and we have long-range plans to hire another attorney along with other staff. This is one of the reasons why the Court raised the fee that supports the office from $85 to $125. We realize this was a sizable increase, but the ethics office must expand to keep up with the growing number of complaints and investigations, and at the same time reduce the amount of time it takes to resolve complaints something we wish to see happen. Also, the size of the increase reflects the Court’s desire not to have to re-visit the amount of the fee annually. You’ll note this is the first increase in the fee since its inception 10 years ago. Hopefully, it will be another 10 years before we see another increase. On a related matter, I’d like to give you a heads-up on the status of the client security fund. By rule, the net value of the fund must remain above $600,000 on December first of each year. Last December, the fund came within an eyelash of falling below the $600,000 figure. This situation has been caused by decrease interest income, the payout of large claims in the past year, and some other large claims that remain pending. While we continue to monitor the situation, I cannot rule out the possibility of a special assessment for that fund within the next couple of years. Title Guaranty 800-843-0201 www.ifahome.com DOES YOUR TITLE OPINION PROTECT YOUR CLIENT AGAINST LIENS MISSED BY THE ABSTRACTOR? TITLE GUARANTY CAN (Have you told your client this?) 12 THE IOWA LAWYER April 2004 Model Rules The Court is continuing to plow through the model rules of professional responsibility. We plan to have the rules ready for comment this summer. Judicial Building I would like to shift gears and mention the new judicial branch building. In a few weeks, we’ll mark the first year in the building, and it is not only a wonderful place to work, it is also a great asset for the state. Our conference center, which includes two nicely sized conference rooms and a small auditorium, has been heavily used in the past year by numerous court committees, boards, and commissions, as well as many state agencies. I’m proud to add that last fall we hosted the dedication ceremony of the American Judicature Society in the new building. Soon the building will be the location for the Bar’s state mock trial finals and later a national college moot court competition. Some of our judges and staff have been very busy giving tours of the building to visiting groups of school children from all over Iowa, and teaching the children about the court system. Law Day On Saturday, May 1, we’ll sponsor a public open house as part of our Law Day celebration. Last year, nearly one thousand people visited the building during our open house. Like last year, justices will be available to answer questions from visitors. I encourage you all to come that day, and bring your families and friends. During the week of May third, which is our court week, we plan to broadcast at least one set of oral arguments to high school classes over the ICN. About 500 students from 25 schools watched when we did this last year. I want to mention that John Wheeler, the director of your law-related education program, was immensely helpful with this project last year. We hope we can count on his expertise again this year. Conclusion May [20-22] is also the month of the annual bench bar conference. Court members are looking forward to that event. *Delivered at Board of Governors meeting the morning of March 2, 2004, at the Marriott Hotel, West Des Moines. Calkins honored for his vision bringing students into the real world of lawyering By Brad Bloch Richard “Dick” Calkins On February 16, 1985, three extraordinary men founded the American Mock Trial Association. In 1982, Richard “Dick” Calkins, then Dean of the Drake Law School, met over lunch with two of his senior alumni advisors, Gene Reifsnider and Dan Stamatelos. The three developed an idea that Drake Law would broaden its impact in the community by bringing mock trial to the masses. In 1983, Drake Law joined forced with the Iowa Supreme Court and the Young Lawyers’ Division of The Iowa State Bar Association to introduce Iowa’s first high school mock trial tournament. With 64 teams from all over the state, Iowa had the largest first-year high school field in the nation. Within the year, entries soared to over 100 high schools, regional competitions were established, and the “high school bar” worked hard, hoping to be among the 24 teams who would try their cases for the state championship in Des Moines. In 1984, Calkins, Reifsnider, and Stamatelos knocked again on the doors of Iowa practitioners to ask: could they “spare a weekend to judge mock trial again?” The third tournament of the season was the All-State High School Invitational. West Des Moines Valley and Central Community of Elkader competed with champions from Illinois, Minnesota, Nebraska, and Wisconsin. When two junior high teams entered the 1984 mock trial competition, and one of them reached the “Des Moines 24,” Calkins, Reifsnider, and Stamatelos decided to invite six junior high schools to a “mini-tournament.” Was the mock trial program too sophisticated for this age group? The question was answered faster than the Hawkeye blinks: 24 junior high school teams make the tournament no “mini”! The signature event in two years of innovative programming was introduced on February 16, 1985. These three extraordinary men and their growing army of friends produced the first THE IOWA LAWYER April 2004 13 National Intercollegiate Mock Trial Tournament. Dick Calkins has talked often of the humble beginnings: “eight schools and 12 teams.” But when a time capsule of mock trial history happened to be discovered in August 2001 in Calkins’ attic, memories were abandoned and contemporaneous documents established an even humbler start: five Iowa schools joined with three Illinois campuses for only a ten-team field. In October, 1986, Calkins authored an article in the law school newspaper that began, “...not many people in Iowa know that Drake University Law School is the national center for mock trial competition.” He added as to the college national tournament, “Our goal is to build this national tournament, which is the only one of its kind in the nation, into a Drake Relays.” And there can be no doubt that Dick’s goal of “a Drake Relays” of mock trial has been achieved for undergraduates. AMTA, the NCAA of college mock trial, and always headquartered in State Center, Midlands (better known as Des Moines), now sanctions nearly 60 events a season. Most are invitational events scheduled all over the nation and available almost weekly from mid-October through the end of January. Double-digit growth in new programs and more teams has become the annual habit. For the 2003-2004 academic year, the numbers are 267 colleges and universities, fielding 507 teams, from 39 states and the District of Columbia. AMTA has had programs on 407 campuses over the years. There are 100 campuses nationwide with 10 or more years of mock trial education under their belts. AMTA is holding 19 regional qualifier tournaments this season. Each qualifier is stuffed with teams all dreaming “to make Des Moines.” However, there are sometimes qualifier teams with six wins, a loss, and a tie who just miss their Des Moines dream. So AMTA now schedules “second-chance” Nationals in March, with 48-team fields in Saint Petersburg, FL and Richmond, KY. Each advances its top four finishers to complete the elite 64-team Des Moines AMTA Championship Tournament field. AMTA’s motto is “In mock trial, 14 THE IOWA LAWYER April 2004 everyone’s a winner!” Dick himself has uttered the phase so many times that most attribute the motto to him. Not so according to his time capsule! Dick’s October 1986 memoir included the comments of Chief Justice W. Ward Reynoldson addressed to the awards banquet of the All-State Invitational of 1984: “Although it is fun to walk away with a state or national championship, the mock trial tournaments are unique for one reason: everyone wins, there are no losers. Any student who will stick with his or her team through all the practices and the tournaments themselves comes out a winner because they learned something about our legal system of which few adults have any knowledge. And they walk away a stronger and more confident person because of the training they received.” The plain fact is that praise for Dick Calkins is inherently praise for the enormous volunteer contributions of Iowa bar members that have permitted Calkins’ seed corn to reach harvest. AMTA’s awards have a distinctly Iowa gloss. The Calkins Award (given to the national tournament’s champion) has traveled 17 times, but only to six states and the District of Columbia. It rested in Iowa celebrating Drake’s championship in 1993, and rests now in Iowa City, in honor of the University of Iowa team’s back-to-back championships. The Chief Justice Charles M. Mason Award, with an engraved tribute to the contributions of the Iowa Bar, was presented to Gold Flight champions, and has symbolized the achievement of National Division Champions since 1995. The Chief Justice W. Ward Reynoldson Award has been presented to 74 college coaches who have guided their teams to the AMTA National Championship Final Trial. “The Chief” has never missed a National. He has presented the award named in his honor to Iowa practitioners Nan Horvat, Rob Tully, Patty Notch, Al Olson, and Mary Lynn Neuhaus, as well as six Hawkeye coaches still studying at the University of Iowa College of Law. The Congressman Neal Smith Award has honored 17 since 1991 for their extraordinary contributions to law-related education. The first recipient was Dick Calkins’ “right hand man,” AMTA Vice-President Don Racheter of Central College. Iowa lawyers have earned the Smith Award three times: Mike Johnson in 1999, Dan Stamatelos in 2001, and Mary Lynn Neuhaus in 2003. Sixty Iowa Bar members have been inducted into AMTA’s Judges Hall of Fame since 1992. Working with Dick Calkins, as The Iowa State Bar Association is aware, is never a matter of lacking new ideas. In 2000, Dick realized his new dream for AMTA of creating a competition in what seemed to be the inherently non-competitive: mediation. Drake Legal Clinic became the site of the first two National Intercollegiate Mediation tournaments. Dick also organized the National Law School Mediation Tournament, beginning in 2002, and is now becoming involved with intercollegiate moot court as well. To understand Dick, one must appreciate his duality. He has always been sincere in tempering competitive intensity (“It’s not about winning, it’s about growing. Everyone’s a winner! Everyone grows!”), yet some say he is nuts about more awards. Perhaps the message most important to share is that each AMTA mock trial tournament extends a most impressive plaque cherished by its recipients nearly as much as the Calkins Award. It is the Team Spirit of AMTA Award, which recognizes the team that best exemplifies AMTA’s objectives: civility, justice, and fair play. Dick’s time capsule tells us that, at the second national tournament in 1986, Dick Calkins recruited Drake Law alumnus Robert Helmick, president of the United States Olympic Committee, to keynote the Awards Banquet. Helmick challenged the fledgling “mockers” to learn to contest and debate, to know what’s right without the rules, and to take responsibility for one’s personal actions. As Dick Calkins moves to President Emeritus status in the American Mock Trial Association, we think he’ll put his feet up, rest a moment, and hopefully realize that for tens of thousands of mock trialers, mock mediators, and their practitioner judges, the Helmick challenge has been met. *Brad Bloch has coached University of WisconsinMilwaukee mockers, coached mock mediation as well and taught law-related communication courses since Brad Bloch 1987. He received his BA from UW- M in 1973 and the J.D. from Cumberland in 1978. He has practiced criminal defense for 25 years with his principal office in Waukesha, Wisconsin. He has served on AMTA’s board since 1989 and has been AMTA’s National Tournament Director since 1992. Contact him at bradleyb@uwm.edu MEDIATION ARBITRATION GROUP FACILITATION Roger L. Carter LL.M. in Dispute Resolution University of Missouri-Columbia · 24 years as a practicing attorney · Over 400 mediations · Reasonable rates · No charge for travel within Iowa 1-800-808-9630 THE IOWA LAWYER April 2004 15 Iowa at the forefront of protecting biotechnology By Christine Lebron-Dykeman Iowa is one of the nation’s leaders in agricultural technology. It seems only fitting, then, that two major legal developments relating to protection of agricultural biotechnology and more particularly, germplasm, have stemmed from Iowa. The development of intellectual property law with respect to protection of plants and plant varieties owes a large part of its heritage to the courts of Iowa. In 1998, Pioneer Hi-Bred International, Inc., an Iowa corporation, the world’s largest researcher and producer of hybrid and inbred seed corn varieties, filed litigation asserting patent infringement against a group of unlicensed resellers including J.E.M. Ag Supply, Inc., et al. The claim was based on the activities of the defendants, none of whom were authorized Pioneer sales representatives, but purchased patented Pioneer® brand seed and resold it to other entities violating the express restrictions written on the Pioneer bag and corresponding bag tag. Pioneer asserted that resale of its unopened bag of seeds infringed on the company’s exclusive patent rights. The defendants in the action first attempted to avoid liability by arguing that Pioneer’s inbred and hybrid seed corn plants were not patentable subject matter under the United States patent laws. Essentially, they argued that plants were only protectable under the Plant Variety Protection Act (PVPA). In December, 2001, the United States Supreme Court in Pioneer Hi-Bred International, Inc. v. J.E.M. Ag Supply, Inc., et al., ruled in favor of Pioneer that plants, like any other invention, are entitled to the benefit of the regular patent laws. As a result of this ruling, biotechnology inventors now have a choice; they can protect their interests through the PVPA, patents, and/or trade secrets. Most recently, in a continuation of this same case, Chief Judge Mark W. Bennett for the Northern District Court of Iowa held that biotechnology owners can protect their patented inventions, through the use of a “limited label license” or “seed wrap license” printed on the seed bag. Specifically, by ruling in favor of Pioneer on summary judgment, Judge Bennett held that as a matter of law, the limited label license was a reasonable field of use restriction. Further, because the limited label license clearly provided constructive notice to the defendant of the limited rights obtained by a purchaser, the Court held, as a matter of law that the defendant “infringed Pioneer’s patent rights by reselling Pioneer® brand seed corn in violation of the terms of the ‘limited label license.’” Judge Bennett’s decision, which follows along the lines of the shrink wrap license cases in the computer software industry recognizes the fact that biotechnology, is distinctive in that it involves inventions which incorporate life forms uniquely capable of self-duplication. The decision recognizes that because of the great costs, in terms of both time and money, it is important that these inventions, once patented, are adequately protected. These dramatic legal developments and their implications on the basic forms of intellectual property protections for germplasm technology will be further discussed by Edmund J. Sease, Heidi Nebel, Christine Lebrón-Dykeman, attorneys from the Des Moines-based firm of McKee Voorhees & Sease, at one of the largest agricultural biotechnology conferences to be held in the Midwest. Scheduled for April 8-10 at the University of Illinois Champaign-Urbana, “Seeds of Change: Intellectual Property Protection for Agricultural Biotechnology” will bring together hundreds of specialists from all over the world. The purpose of the conference is to explore the role of intellectual property protection for genetically modified organisms, the economics of the industry and the issues that other countries face with this expanding technology. Christine LebronDykeman 16 THE IOWA LAWYER April 2004 *Christine Lebron-Dykeman is an associate attorney with the Des Moines-based firm of McKee, Voorhees & Sease PLC. Her practice focuses primarily on litigation of intellectual property issues and trademark prosecution. 2004 ISBA CLE Calendar Mark your calendars now for the following seminars that will be offered by The Iowa State Bar Association this year! April 21 22 29-30 Worker’s Compensation Seminar Juvenile Law Seminar Criminal Law Seminar Ames, The Hotel Gateway Des Moines, Hotel Fort Des Moines West Des Moines, West Des Moines Marriott Bridge the Gap Seminar Marsh/Seabury Spring Ethics Seminar Understanding Iowa Local Government Financing Marsh/Seabury Spring Ethics Seminar Marsh/Seabury Spring Ethics Seminar Marsh/Seabury Spring Ethics Seminar Bench-Bar Conference Des Moines, Downtown Marriott Hotel Sioux City, Convention Center Telephone CLE Des Moines, Clarion Hotel on Hickman Cedar Rapids, Collins Plaza Hotel Davenport, Radisson Quad City Plaza Okoboji, The Inn Conference Center Commercial & Bankruptcy Seminar Annual Meeting Cedar Rapids, Clarion Hotel Des Moines, Downtown Marriott Hotel General Practice CLE/Golf Polk City, Tournament Club of Iowa YLD Summer Seminar Okoboji, The Inn ABA/YLD Midwest Regional Conference Labor & Employment Law Seminar Des Moines, Downtown Marriott Hotel West Des Moines, West Des Moines Marriott Family Law Seminar Environmental Law Seminar West Des Moines, West Des Moines Marriott Des Moines, Four Points Sheraton (Airport) Tax School Federal Practice Seminar Des Moines, Downtown Marriott Hotel Des Moines, Downtown Marriott Hotel May 6-7 11 12 12 13 14 20-22 June 4 16-18 July 12 August 13-14 September 16-18 24 October 21-22 28 December 8-10 17 ISBA Online CLE Seminars: Health Law Employment Issues in the Health Care Workplace #21417 Alternative Dispute Resolution (ADR) Immigration Law Immigration Law: Advanced Issues Part 1 #21424 Immigration Law: Advanced Issues Part II #21425 Immigration Law: The Essentials Part 1 #21426 Immigration Law: The Essentials Part II #21427 How to Get the Best Results in Mediation #21423 Bankruptcy Attorney’s Relationship Client/Case & Court #21413 Post Confirmation Issues/Creative Motions #21437 Preferences and Fraudulent Conveyances Update #21439 Ineffective Assistance of Counsel #19610 Intellectual Property Copyright Update/Copyright Law #21415 Inventorship/Patent & Trademark Investigation #21428 Intellectual Property —Patent, Trademark/Copyright Law #17320 Patent Law Update/Festo/Johnson & Johnston #21434 Personal Jurisdiction/Venue & Service in Cyberspace #21435 PTO’s Strategic Plan & Fee Bill/Use of Others’ Trademarks #21442 Trade Dress and Beyond #21443 Trademark Update, Including Dilution/Privacy Issues #21444 Why Business Owners Should Fear the U.S. Patent System #21445 Employment Law Employment Issues in the Health Care Workplace #21417 Law Practice Management Case and Client Selection #19607 Ethics Current Developments in Legal Ethics #21408 Probate & Estate Planning Fundamentals of Generation-Skipping Tax #21421 Medicaid Planning #19608 Overview of Special Issues in the Valuation of Entities #19612 Business Law Fair Debt Collection/Identity Debt & Account Fraud #21420 Updated Model Business Corporation Act #19611 Criminal Law Criminal Liability for Corporations/Executives/Employees #21409 Family Law Children in Court #19609 THE IOWA LAWYER April 2004 17 Taxation Split Dollar Arrangements After Notice 2002-8/Proposed Regulations #16950 Tax Issues for Sole Proprietorships #16961 Iowa Tax Cases and Rulings #16949 Transportation Accident Scene Investigation/The Biomechanics Expert #21411 Trial & Litigation A Guide to Success in Complex Litigation: Federal Tax Case #21410 A Potpourri of Trial Tips #19606 An Overview of a Commercial Trial #21412 Communicating with Jurors at Trial #21414 Digital Discovery #21416 Effective Direct Cross Examination #15690 Trial & Litigation continued Electronic Evidence/Computer Forensics/Discovery Strategies #21436 Essential Trial Strategy Tips & Techniques in Civil Litigation #21419 Honing Deposition Skills—A Mock Demonstration #21422 Jury Selection after Enron #21429 Jury Selection, Opening Statement/Closing Defense Perspective #24130 Jury Selection/Opening Statement for the Plaintiff #15691 New Techniques for Jury Trials: Opening/Closing Statements #21431 New Techniques for Winning Jury Trials: Pretrial Preparation #21432 New Techniques for Winning Jury Trials: Voir Dire #21433 Pre-Trial Organization/Preparation/Technology in the Courtroom #21438 Working With Technical Experts/Forensic Electronic Discovery #21440 The Litigator’s Edge: Anatomy of a Trial/U.S. vs. Arthur Andersen #21441 CLE Guidelines for Telephone and Computer-Based CLE Seminars: The CLE Commission of the Iowa Supreme Court states that attorneys who attend telephone or computer-based CLE activities must provide certain substantiation as a condition precedent to CLE credit in Iowa. Attorneys will need to attach a certificate of attendance/completion for a telephone or online seminar to their annual CLE report at the close of the calendar year. Attorneys do not need to submit outline materials, confirmation of registration or other materials previously requested by the CLE Commission unless the seminar has not been prior approved. For information about any Iowa State Bar Association-sponsored event call 1-800-457-3729 or (515) 243-3179 or visit our website: www.iowabar.org. You can register online by using VISA or MasterCard. How to access an ISBA online seminar: 1) Go to www.iowabar.org 2) On left hand side of page scroll down to Continuing Legal Education and click on General Information. 3) Click on Online Seminars. 4) Read CLE Commission Guidelines then scroll to bottom of age and click on Continue to Online Seminars. 5) Seminars are listed under category topic. Select category then choose seminar you wish to view. You can view a 2-3 minute demonstration, click on more information or add to cart. If you select “Add to Cart” you can set up a new account and proceed with your seminar. Noted Speaker &Author Jay Foonberg at ISBA Annual Meeting June 16 & 17, 2004 Downtown Marriott Hotel, Des Moines 700 Grand Avenue JAY FOONBERG will give two different presentations at the ISBA Annual Meeting in June. On Wednesday afternoon, June 16th, Jay’s presentation will focus on closing a law practice and opening a law practice. Thursday morning he will address trust accounts and other law practice management topics. Mr. Foonberg currently serves in the ABA House of Delegates; he is on the Advisory Council for the ABA Commission on Evaluation of the Rules of Professional Conduct and he was a founder of the ABA Law Practice Management Section. His book, How To Start and Build a Law Practice (4th edition), is the book that is most frequently stolen from law libraries in the United States and it has earned $1 million for the ABA, and has been their best seller every year since 1977. Mr. Foonberg is the author of three other books: How to Get and Keep Good Clients (2nd edition); Finding the Right Lawyer; and The ABA Guide to Lawyer Trust Accounts. Registration materials will be mailed in mid-April or you can register on the website at www.iowabar.org. 18 THE IOWA LAWYER April 2004 www.iowabar.org 2004 Spring IOWADOCS ® Class For Lawyers and Office Staff April Dates: Tuesday, April 13, 2004 The Inn at Okoboji 3301 Lakeshore Drive Okoboji, Iowa (afternoon program) Wednesday, April 14, 2004 Sioux City Plaza Hotel 707 Fourth Street Sioux City, Iowa (morning program) Tuesday, April 27, 2004 Quality Inn & Suites 2525 North Dodge Street Iowa City, Iowa (afternoon program) Thursday, April 29, 2004 Indian Hills Community College 525 Grandview Ave. Bennett Student Services Center, Rm100 Ottumwa, Iowa (afternoon program) Wednesday, May 12, 2004 Super 8 Oelwein 210 10th St. Oelwein, Iowa (morning program*) Tuesday, May 25, 2004 Super 8 Motel Creston 804 W. Taylor, Jct 34 and state 25 Creston, Iowa (afternoon program) Wednesday, May 26 2004 Holiday Inn Hotel & Suites 2202 River Road Council Bluffs, Iowa (morning program) May Dates: Tuesday, May 11, 2004 Holiday Inn Mason City 2101 4th St. SW HWY 122 Mason City, Iowa (afternoon program) Based on demand, if we fill up seating for the morning program in Oelwein, we may offer another class in the afternoon of Wednesday, May 12 from 1:30-4:00 p.m. You will be notified by e-mail if another class is offered. Based on demand, if we fill up seating for the morning program in Council Bluffs, we may offer another class in the afternoon of Wednesday, May 26 from 1:00pm3:45 p.m. You will be notified by e-mail if another class is offered. We are taking IOWADOCS® on the road. If you are thinking about buying IOWADOCS® or wanting to review the enhancements of IOWADOCS® Version 6.1, this is your opportunity to see it in use. Outlines are included in the registration fee. General Overview of Program Saving Forms Adding Text to Bordered Forms Import/Export Text Adding Miscellaneous Characters Editing Filled Forms Printing Forms IOWADOCS® website review Form updates on-line Customize IOWADOCS® Extensive question and answer period. We will also have IOWADOCS® Version 6.1 available for purchase at each location. Program Agenda Morning Program 9:00 am - 9:15 am 9:15 am - 11:45 am Registration Program *Oelwein registration will start at 9:15am-9:30am. Class will run from 9:30am to 12:00pm Afternoon Program 1:00 pm -1:15 pm 1:15 pm - 3:45 pm Registration Program Please pre-register! Seating is limited, sign up early --------------------------------------------------------------------------------- Registration Form: 2004 Spring IOWADOCS® Classes Please print or type the following: 1st Attendee Firm Name: ________________________________ 2nd Address: ___________________________________ 3rd City/State/Zip: ______________________________ 4th Telephone #: _______________________________ E-mail: ____________________________________ Registration Fees: First Attendee $45.00 Additional Attendee(s) Total Enclosed: $25.00 $ ____________ Method of Payment: Check enclosed MasterCard Visa Credit Card #:_________________________ Exp. Date: ______ Cardholder Signature: _________________________________ Please check the seminar you are attending: April 13, Okoboji 1:15pm-3:45 pm April 14, Sioux City 9:15am-11:45 am April 27, Iowa City 1:15pm-3:45 pm April 29, Ottumwa 1:15pm-3:45 pm May 11, Mason City 1:15pm-3:45 pm May 12, Oelwein 9:30am-12:00 pm May 25, Creston 1:15pm-3:45 pm May 26, Council Bluffs 9:15am-11:45 am For Des Moines classes please cont act the Bar Office or visit www.iowabar.org/iowadocs.nsf Return Registration form by 4/10/04 to: ISBA CLE, 521 E. Locust St., Fl. 3rd, Des Moines, IA 50309-1939 or register online at www.iowabar.org. For questions call: (515) 243-3179 or fax (515) 243-2511. www.iowabar.org IOWA LAWYER April 2004 19 THE Iowa State Bar Association Workers’ Comp Seminar April 21, 2004 Program Agenda Seminar Location: Gateway Center Us 30 & Elwood Drive, Ames 515-292-8600 Hotel Rooms: $89 single or $99double 8:00 Registration 8:30 Occupational Disease Cases Speaker to be announced 9:00 Practical Aspects of Computing the Rate Sara Sersland 9:30 Heart Attack Cases Aaron Oliver 10:00 Break 10:15 Impairment Ratings and Guides From a physician and attorney perspective. Dr. John Kuhnlein and Chris Godfrey 11:15 Tips on Presenting Cases to the Commissioner’s Office What they appreciate and what they dislike. IWCC Deputy Stan McElderry 11:45 Litigating Hearing Loss Claims James Peters 12:15 Lunch 1:15 The Importance of Appellate Advocacy Before the District and Appellate Courts Hon. Robert A. Hutchison, Mark Soldat 2:00 Industrial Disability Panel Janece Valentine, Valerie Landis, and Matt Dake 2:45 Break 3:00 Primer on Medical Terminology Dr. Mathew Weresh 3:30 Penalties and How to Avoid Them Mindi Vervaecke 4:00 Adjourn Continuing Legal Education: Application has been made and approval is pending for 6 hours State CLE Credit. Directions: From Interstate 35, Exit 111B (U.S. 30), four miles west to Exit 146, south on Elwood Drive, west on Green Hills Drive. For more information visit the hotel’s website: thehotelatgatewaycenter.com. --------------------------------------------------------------------------------- Registration Form: Workers’ Compensation Seminar April 21, 2004 Name : _______________________________________________________ Member # ____________________ Address: ____________________________________________________________________________________ Advance Registration Fee: (lunch is included in registration fee) Work Comp Section Member: $125.00 ISBA Member: $135.00 Non-Member: $185.00 Method of Payment: Check enclosed MasterCard Visa Credit Card #:_________________________ Exp. Date: ______ Cardholder Signature: _________________________________ Return Registration form by 4/15/04 to: ISBA CLE, 521 E. Locust St., Fl. 3rd, Des Moines, IA 50309-1939 or register online at www.iowabar.org. For questions call: (515) 243-3179 or fax (515) 243-2511 20 THE IOWA LAWYER April 2004 Seminar Location: Hotel Fort Des Moines 1000 Walnut, Des Moines 515-243-1161 Hotel Rooms: $89 single or double ISBA Juvenile Law Seminar April 22, 2004 Program Agenda 8:00 Registration (F) 8:30 9:30 Avoiding Disasters—ICWA and Iowa ICWA Speaker to be announced Yes, Virginia, There are Rules of Evidence and Procedure in Juvenile Court Hon. Larry Eisenhauer, Des Moines 10:00 Break 10:15 What’s a GAL to do? (Duties and Responsibilities of Guardian Ad Litems) Hon. John Mullen and Panel of GALs 11:15 For Whom the Clock Ticks (Permanency and Termination Issues in Cina Cases) Hon. Alan Allbee, West Union 12:15 Lunch (included in registration fee) 12:45 Map for the Future (Model Court and Child Welfare Initiatives Update) Jerry Foxhoven and Gail Barber Des Moines Growing Up in Juvenile Court (Child Development Issues in Juvenile Court) 1:15 2:15 Kelly Hill-Hunt, Des Moines Dr. David Barden, Cedar Rapids Break Avoiding Judicial and Attorney Ethical Pitfalls (The Job You Save May Be Your Own) Hon. Douglas Johnson, Omaha 3:30 What’s New in the Neighborhood? (Case Law Update) Hon. James Weaver, Muscatine 4:30 Adjourn 2:30 (E) Continuing Legal Education: Application has been made and approval is pending for 7 hours State Continuing Legal Education Credit of which 1 hour is Federal and 1 hour is Ethics. E = Ethics CLE and F = Federal CLE Parking: Parking is available in the 10th Street parking ramp across the street from the hotel. There is also a new 3,000 space Allied Insurance parking garage immediately west of the hotel with access through the skywalk system to the hotel. --------------------------------------------------------------------------------- Registration Form: Juvenile Law Seminar April 22, 2004 Name : _______________________________________________________ Member # ____________________ Address: ____________________________________________________________________________________ Advance Registration Fee: (lunch is included in registration fee) Family Law Section Member: $85.00 ISBA Member Judge: $55.00 ISBA Member: $100.00 Law Student: $10 Non-Member: $160.00 Method of Payment: Check enclosed MasterCard Visa Credit Card #:_________________________ Exp. Date: ______ Cardholder Signature: _________________________________ Return Registration form by 4/15/04 to: ISBA CLE, 521 E. Locust St., Fl. 3rd, Des Moines, IA 50309-1939 THE IOWA LAWYER April 2004 21 ISBA Criminal Law Seminar Program Agenda April 29 & 30, 2004 Seminar Location/Hotel Rooms: West Des Moines Marri tt Hotel 1250 74th Street, West Des Moines Des Moines 515– 267-1500 or www.marriott.com Sleeping room rate: $99.00 single or double Thursday, April 29 8:00 Registration Opens 8:30 Federal Weapons Issues (1 hr. Federal) Nicholas Drees, Assist. Federal Public Defender 9:30 Ethics (1 hr. Ethics) Speaker to be announced 10:3 Break 10:45 State/Federal Case Law (1/2 hr. Federal) 11:45 Lunch 12:45 Appellate Advocacy Panel U.S. Supreme Court Iowa v. Tovar case Thomas G. Becker, Richard Winders, Theresa Wilson, and Paul Rosenber 1:45 Search and Seizures Hon. Michael J. Newmeister 2:45 Break 3:00-4:00 Search and Seizures continued John Burns, Assist. Federal Public Defender Hon. Michael J. Newmeister Friday, April 30 7:45 Registration Opens 8:00 Admissions/Confessions (1/2 hr. Federal) Bell Co-Conspirators/Federal Hearsay Bruton Co-Conspirators/State Admissions Speaker to be announced 9:00 Immigration Law/Deportation (1 hr. Federal) 10:00 Break Speaker to be announced 10:15 Jury Selection Alfred Willett 11:00-12:30 Cross-Examination Mark Weinhardt Continuing Legal Education Application has been made and approval is pending for 10.25 State CLE including 1 hour Ethics CLE and 3 hours Federal CLE. Attendees can also register online at the ISBA website: www.iowabar.org --------------------------------------------------------------- --------------------- Registration Form: Criminal Law Seminar April 29 & 30, 2004 Name : _______________________________________________________ Member # ____________________ Address: ____________________________________________________________________________________ Advance Registration: ISBA Members: Criminal Law Section Member ISBA Member Non ISBA Members: $135.00 $150.00 $170.00 $ _________ $ _________ $ _________ (Lunch is included in registration fee) Method of Payment: Check enclosed Credit Card #:_________________________ Exp. Date: ______ MasterCard Visa TOTAL DUE: $________ Cardholder Signature: _________________________________ Return Registration form by 4/10/04 to: ISBA CLE, 521 E. Locust St., Fl. 3rd, Des Moines, IA 50309-1939 or register online at www.iowabar.org. For questions call: (515) 243-3179 or fax (515) 243-2511 22 THE IOWA LAWYER April 2004 Bridge the Gap “Goes to the Movies” Program Agenda May 6 & 7, 2004 Thursday, May 6 7:00 Registration Opens (3rd Floor Marriott Exhibit Hall) 8:00 Legislative Update Robert M. Hogg, State Rep. “Oh come on guys, it’s so simple maybe you needs refresher course. HEY! It’s all ball bearings these days.” 8:30 Punitive Damages Gregory F. Greiner “Take out your calculator, multiply that number by 100—anything less than that is a waste of our time.” 9:00 E-mail Ethics (1/2 hr. Ethics) “You’ve got mail? Those are very powerful words.” John F. Fatino 9:30 Work Comp “It’s only a flesh wound.” Janece M. Valentine 10:15 Break 10:30 Charitable Planning (1/2 hr. Federal) “I’ve always had a soft spot in my heart for artists, painters, writers and inventors...” David T. Hayes 11:00 Commitments “Sell crazy someplace else, we’re all stocked up here.” Douglas R. Smalley 11:30 Depositions “Stop typing, this is off the record.” Sharon Soorholtz Greer 12:00 Lunch 1:00 Federal Case Law Update (1 hr. Federal) “Honey, it ain’t armed robbery if the gun isn’t loaded.” Hon. Ross A. Walters 2:00 Ethical Considerations/Dissolutions (1/2 hr. Ethics) “Take me to bed or lose me forever.” Anjela A. Shutts 2:30 DOT Hearings “Dong—where is my automobile?” David J. Stein, Jr. 3:00 Break 3:15 Evidence—Prior Bad Acts/Habit “Stupid is as stupid does.” Hon. Stephen P. Carroll 4:00 Quiet Title “That’s all of Tara you’ll ever get.” Dan A. Moore 4:30 Oral Arguments “And the truth shall set you free... Hon. Larry J. Eisenhauer Friday, May 7 7:00 Registration Opens (3rd Floor Marriott Exhibit Hall) 8:00 Federal Sentencing Guidelines “Do you do drugs Danny?” 8:45 Preservation of Error “I strenuously object.” Hon. James M. Drew 9:15 General Employment Law “I don’t want to sell anything, buy anything or process anything as a ca Randall D. Armentrout 10:00 Break 10:15 Products Liability “This is a new silicon-based kitchen lubricant my company’s been working on.” (3/4 hr. Federal) Hon. Linda R. Reade Patrick M. Roby THE IOWA LAWYER April 2004 23 Registration & Exhibits: Seminar Location & Hotel Rooms: Registration will be held in the Exhibit Hall, 3rd Floor of the Downtown Marriott Hotel. Plan to spend your break times in the exhibit hall visiting vendors showcasing their products & services. Downtown Marriott Hotel 700 Grand Avenue, Des Moines, Iowa 515-245-5500 or www.marriott.com Sleeping room rate: $116 single or double 11:00 Litigation/Will Contest “I’m now old and one day you too are going to be old...and then you will die.” Paul P. Morf 11:30 Medicaid Estate Recovery “He’s only mostly dead.” Benjamin C. Chatman 12:00 Lunch 1:00 State Case Law Update “Buehler?...Buehler?...anyone?” Paul B. Ahlers 1:45 HIPAA (1/2 hr. Federal) “Did you eat a lot of paint chips when you were a kid?” Gilda L. Boyer 2:15 Juvenile Law Primer “It is possible the two yutes...” Hon. Patrick R. Grady 2:45 Bankruptcy (1/2 hr. Federal) “I want my two dollars!” Thomas L. Flynn 3:15 Break 3:30 Forfeitures (State and Federal) (1/4 hr. Federal) “They’re taking all our stuff, even the things we didn’t steal.” 4:00 Ethics Panel (1 hr. Ethics) “We’re on a Mission from God.” Martin J. McLaughlin Hon. Larry J. Eisenhauer, Hon. J.C. Irvin Hon. David M. Remley & Hon. Michael J. Streit Continuing Legal Education Application has been made and approval is pending for 15 State CLE including 2 hours Ethics CLE and 3.5 hours Federal CLE. Attendees can also register online at the ISBA website: www.iowabar.org ------------------------------------------------------------------------------------- Registration Form: Bridge the Gap May 6 & 7, 2004 Name : _______________________________________________________ Member # _________________ ___ Address: ____________________________________________________________________________________ Advance Registration: ISBA Members: Admitted to practice after January 1, 1994 Admitted to practice prior to January 1, 1994 Non ISBA Members: Para-professionals (Legal Assistants & Office Employees) Law Students: $160 $195 $275 $125 $25 $ _________ $ _________ $ _________ $ _________ $ _________ $10 $10 $ _________ $ _________ Lunch Fees (meals at Marriott Hotel) : Thursday Lunch Friday Lunch Method of Payment: Check enclosed Credit Card #:_________________________ Exp. Date: ______ MasterCard Visa TOTAL DUE: $________ Cardholder Signature: _________________________________ Return Registration form by 4/30/04 to: ISBA CLE, 521 E. Locust St., Fl. 3rd, Des Moines, IA 50309-1939 or register online at www.iowabar.org. For questions call: (515) 243-3179 or fax (515) 243-2511 24 THE IOWA LAWYER April 2004 Iowa State Bar Association Spring Ethics Seminar May 11-14, 2004 Program Agenda and Speaker Information Registration and Materials Distribution (1/2 hour prior to seminar) Welcome and Introductions Update of Bar Association Activities, Dwight L. Dinkla, Executive Director of The Iowa State Bar Association Avoiding the Three D’s: Discipline, Disgorgement of Fees and Damages Actions, Peter R. Jarvis This two-hour presentation will focus on Conflicts and Conflicts Waivers in Business; Estate Planning and Litigation; The Creation, Preservation and Waiver of Attorney-Client and Work Product Privilege; and Client Screening for Fun and Profit. Peter R. Jarvis is a partner of Hinshaw & Culbertson’s Portland office. He received his B.A. in 1972 from Harvard University; M.A. (Economics), J.D. Yale University; has been a member of the Oregon State Bar since 1976, the Washington State Bar since 1981; the California State Bar since 2002 and the Alaska State Bar in 2003. Mr. Jarvis is a frequent writer and speaker on legal ethics issues, and his practice includes advising attorneys with legal ethics questions and defending attorneys accused of legal ethics violations. Seminar Locations: Seating is limited so register early! Door registrations will be accepted only as space allows. Sioux City Des Moines (2 Sessions) Cedar Rapids Davenport Tuesday, May 11, 2004 1:30-4:00 p.m. Convention Center 801 4th Street Wednesday, May 12 8:30-11:00 a.m. or 1:30-4:00 p.m. Clarion Hotel (Hickman) 11040 Hickman Rd., Clive Friday, May 14 8:30-11:00 a.m. Radisson Quad City Plaza 111 E. 2nd Street Thursday, May 13 1:00-3:30 p.m. Collins Plaza Hotel 1200 Collins Road, NE Continuing Legal Education: Application has been made and approval is pending for 2 hours State CLE Credit including 2 hours of Ethics. Sponsored by: The Iowa State Bar Association and Marsh Affinity Group Services Premium Credit: If 50% or more of the firm’s attorneys attend this seminar, the firm is eligible to receive 5% off the next professional liability policy written through Marsh Affinity Group Services and Chicago Insurance Company. Credit can only be applied within the approved Iowa Department of Insurance filing. Marsh cannot exceed the maximum filed credit. Questions: For further information, contact Marsha Ratashak at Marsh Affinity Group Services at 515-365-4181 or 800-435-7094, ext. 54181. --------------------------------------------------------------------------------- Registration Form: Spring Ethics Seminar Name : _______________________________________________________ Member # ____________________ Address: ____________________________________________________________________________________ Advance Registration Fee: (lunch is included in registration fee) ISBA Member: $35.00 Location: Non-Member: $50.00 (Please check location you will be attending) Sioux City (May 11) Des Moines (May 12- Morning) Cedar Rapids (May 13 Davenport (May 14) Method of Payment: Check enclosed MasterCard Des Moines (May 12- Afternoon) Visa Credit Card #:_________________________ Exp. Date: ______ Cardholder Signature: _________________________________ Premium Credit Certificate: Check here if 50% or more of your firm’s attorneys are attending Return Registration form by 5/3/04 to: ISBA CLE, 521 E. Locust St., Fl. 3rd, Des Moines, IA 50309-1939 or register online at www.iowabar.org. For questions call: (515) 243-3179 or fax (515) 243-2511 THE IOWA LAWYER April 2004 25 ISBA Telephone CLE Understanding Iowa Local Government Financing Wednesday, May 12, 2004 12:00-1:00 p.m. (Central Time) The focus of this one hour telephone seminar is on understanding Iowa local government financing. The speakers will address current issues in the legislature that affect local government funding. The seminar will be interactive and participants are encouraged to ask questions and participate in the discussion. Join our expert faculty… Susan Judkins is Director of Governmental Affairs for the Iowa League of Cities. She oversees state legislative issues for the League, which counts nearly 900 cities among its members. She previously worked with the Iowa Department of Economic Development. She has extensive experience in the legal and banking fields and was a board member and later Executive Director of the Warren County Economic Development Corporation. Bruce Bergman has been City Attorney for the City of Des Moines, Iowa since 1996, and has been with the City Legal Department since 1989. He is a Regional Vice President of the International Municipal Lawyers Association, and Vice President of the Iowa Municipal Attorneys Association. David D. Grossklaus is with the Des Moines Law Firm of Dorsey & Whitney, LLP. In addition to being a member of the Iowa State Bar and Polk County Bar Associations, he is also a member of the Iowa Municipal Attorneys Association and National Association of Bond Lawyers. This one hour telephone CLE seminar is a quick, inexpensive and convenient way to receive CLE credit. Using ISBA’s conference call service, you can be an interactive participant in a live CLE seminar and avoid the added expense of travel and time away from your office. The seminar is delivered over the phone for reliable and clear sound quality. There are no special equipment requirements or hook-ups, all you need is your touch-tone phone. Register on the ISBA website at www.iowabar.org or by mail with the form below. Once you have registered for the program, access instructions will be e-mailed to you a few days prior to the program. The instructions will include a toll-free number to call on the day of the seminar and a special code number to access the call. Course materials will be e-mailed at that time. In order to obtain CLE credit for this telephone seminar, the attorney will need to attach a certifi cate of attendance/completion to their annual CLE report at the close of the calendar year. This certificate will be e-mailed to you upon completion of the seminar. One (1) hour of State Continuing Legal Education Credit has been applied for. --------------------------------------------------------------------------------------------------------------------------------------------------------- Understanding Iowa Local Government Financing—Telephone Seminar Wednesday, May 12, 2004 12:00-1:00 p.m. (Central Time) Name: ______________________________________________________ Member #: ________________ Address: ____________________________________________________________________________________ Registration Fees: [ ] $25 for ISBA Member [ ] $40 for Non-member Program Materials: A few days prior to the seminar, the ISBA office will e-mail the program materials to you. This allows us to keep the seminar fees reasonable. If you do not have e-mail capabilities, a copy of the outline will be mailed to you prior to the seminar. e-mail: ______________________________________________ [ ] Please mail me a copy of the program outline. Method of Payment: [ ] Check enclosed [ ] MasterCard [ ] VISA Credit Card #: _______________________________Exp. Date: _________ Signature: ______________________________ Please return payment and registration by 5/5/04 to: ISBA, 521 E. Locust St., Fl. 3rd, Des Moines, IA 50309. 26 THE IOWA LAWYER April 2004 TRANSITIONS Timothy M. Feeney has become a shareholder Kami M. Lang has joined Finley, in McCarthy, Callas, Fuhr & Ellison, P.C. of Rock Island, Illinois. Alt, Smith, Scharnberg, Craig, Hilmes & Gaffney, P.C., of Des Moines as an associate. Timothy earned his Bachelor of Science from the University of Iowa in 1989 and his law degree with distinction from the university’s College of Law in 1992. He clerked for Chief U.S. Bankruptcy Judge Lee M. Jackwig from 1993-1994. He serves as member of the Supreme Court’s Commission on the Unauthorized Practice of Law. McCarthy, Callas, Fuhr & Ellison, P.C., is a Quad City-based general practice firm of eight lawyers serving clients throughout Iowa and Illinois. Kami graduated magnum cum laude from Loras College in 1999 and received her Juris Doctor with highest honors from Drake University Law School in 2002. Kami M. Lang joined Davis, Brown, Koehn, Shors & Roberts, P.C., of Des Moines as associates. C. Jennifer Peterson Jennifer also is a 2003 University of Iowa College of Law graduate and earned her B.A. from Iowa in 1996. She practices in the firm’s Litigation Division. Jeff Stone William F. Sueppel has become of counsel to the firm. Andrew B. Howe has been Andrew B. Howe have joined Whitfield & Eddy P.L.C. as members and Jeff Ewoldt as an associate. All are practicing in the firm’s new branch location in West Des Moines. John joined the firm as a member and has been appointed chairperson of the firm’s Construction Law and Surety Practice Group for 2004. He received his B.A. from the University of Iowa in 1972 and his J.D. with high distinction from the University of Iowa College of Law in 1974. of Meardon, Sueppel & Downer P.L.C. of Iowa City. Emily practices in the firm’s Intellectual Property Department. She earned a B.A. degree in Biology from Grinnell in 1998 and received her J.D. from the University of Iowa College of Law in 2003. Emily E. Harris John A. Templer, Jr. She clerked for Judge Robert Mahan of the Iowa Court of Appeals prior to joining the firm. Dennis J. Mitchell has become a member Emily E. Harris and C. Jennifer Peterson have John A. Templer, Jr., Jeff Stone, and Greg Naylor He was a shareholder and president of Pingel & Templer, P.C. of West Des Moines and was co-founder of the firm in 1987. He spent 12 years with the Davis Law Firm, where he was a senior partner. named a shareholder with Hudson, Mallaney & Jeff Ewoldt Shindler, P.C., of West Des Moines. Andrew focuses his practice on appeals, family law, and general civil litigation. Jeff Stone has joined as a member. He received his Bachelor of Science degree in construction engineering from Iowa State University and worked as a contractor and developer for 14 years. He received his J.D. with honors from Drake University. Andrew received his J.D. with high distinction in 1996 from the University of Iowa College of Law. He received his Bachelor of Arts degree from Wartburg College in Waverly in 1993. TRANSITIONS SUBMISSIONS Copy deadline for Transitions is 30 days before the month of publication. Please follow the same style published here and keep submissions short and to the point. For new hires and promotions, the name of the law firm is not as important as the individual involved, so mention the lawyer first. Always submit a photo of the subject. If it is to be digital, please use the “.jpg” format only. Make all submissions in plain text or Microsoft Word “.doc” format via e-mail to ccorcoran@iowabar.org and please do not expect late submissions to be published immediately. We need at least a 30-day interval before publication. Include office phone number and name of the person furnishing the copy. Submissions by U.S. Mail to Editor, The Iowa Lawyer, 521 East Locust St., Flr. 3, Des Moines, Iowa 50309-1939, also are acceptable with the same requirement for a 30-day lead time. Questions? Call Chuck at 515-243-3179. Thank you for your assistance. N O T I C E Jeff practices primarily in construction law. He is a member of Master Builders of Iowa, Associated General Contractors of Iowa, Mechanical Contractors Association of Iowa, and American Bar Association Forum on the Construction Industry. Greg has joined the firm as a member and has been appointed co-chairperson of the firm’s Labor and Employment Law Practice Group for 2004. Greg received his B.A. with distinction from the University of Iowa in 1975 and his J.D. from Drake University Law School in 1978. OFFICE SPACE FOR LEASE Bank of America Building 6th and Locust Street Des Moines UNAUTHORIZED PRACTICE OF L AW V I O L AT I O N S 2,081-6,527 SF suites available, including top floor competitive lease rate For information and to file a complaint, contact: Mark Godwin, Chair – Commission on Unauthorized Practice of Law 400 East First Street • Des Moines, Iowa 50309 e-mail: magodwin@ci.des-moines.ia.us CBRE/Hubbell Commercial Todd Millang or Dan Connolly 224-4900 THE IOWA LAWYER April 2004 27 TRANSITIONS Greg was a shareholder of Pingel & Templer, P.C., in West Des Moines. He is editor of the Iowa Employment Law Newsletter published by M. Lee Smith Publishers. Greg is a member of the Labor Council for the Associated General Contractors of America and the Labor and Employment sections of the Iowa and American Bar Associations. He served as the Lecturer on Labor and Employment Law for the Iowa State Bar Review School, Inc. for several years. Jeff Ewoldt has joined the law firm as an associate. He received his J.D. with honors from Drake University Law School in 2000. He graduated with distinction from Iowa State University in 1993 with a B.S. in journalism and mass communications. William P. Laird has joined the Pastrnak Law Firm, P.C., of Davenport and Moline as an associate. William earned a Bachelor of Science and Juris Doctor from Drake University and has been a practicing attorney in the Quad City area for over 25 years. He is licensed to practice law in Iowa and Illinois. He has served as assistant state’s attorney, assistant public defender, special Illinois Assistant public defender, special Illinois assistant attorney general, and Hillsdale, Illinois, village attorney. Nathan D. Koch and Pope S. Yamada have both joined the Phelan, Tucker, Mullen, Walker, Tucker & Gelman, LLP law firm as associates. Nathan earned his B.A. from University of Iowa in 1995, his J.D. from the University of Iowa in 1998. Before joining the Firm he practiced with Vedder Price in Chicago, Illinois. Pope earned his B.S. from Wesleyan University in 1996, with honors and his J.D. from the University of Iowa in 2003. Corinne R. Butkowski has become a Pastrnak Law Firm, P.C., has offices in Davenport and Moline. shareholder of Lynch Dallas, P.C. of Cedar Rapids. Ms. Butkowski received her Bachelor of Science degree from Mankato State University in 1985. She was a Registered Nurse at the University of Iowa in the In Vitro Fertilization Clinic before attending law school. Ms. Butkowski obtained her Juris Doctor degree from the University of Iowa and joined Lynch Dallas in 1997. Jeff previously was associated with Pingel & Templer, P.C., in West Des Moines. TATE AS N O AS SO R BA IOW Patrick J. O’Connell has become a shareholder of Lynch Dallas, P.C. of Cedar Rapids. Mr. O’Connell received his Bachelor of Arts degree from Luther College in 1992 and his Juris Doctor degree from the University of Iowa in 1995. He served as a Judge Advocate in the U.S. Marine Corps from 1996 to 1999, after which he entered private practice in Cedar Rapids. Mr. O’Connell joined Lynch Dallas in 2001. C I ATI To reach the Consulting Counsel Assistance Hotline, Contact Attorney Chris Green Duncan,Green, Brown, Langeness & Eckley, P.C., Des Moines. at 515-288-6440. Business Valuations and Litigation Support Alan D. Ryerson CPA /ABV, ASA BUSINESS CA P I TA L C O R P O R AT I O N Your True Strength. 6 6 6 Wa l n u t S t r e e t S u i t e 15 0 8 Des Moines, Iowa 50309 515-282-8019 Fax 515-282-0325 w w w. b u s i n e s s c a p i t a l c o r p . c o m 28 THE IOWA LAWYER April 2004 Gregory L. Weber CPA /ABV, ASA ISBA schedules a new Leadership Development and Orientation Program By Aaron T. Oliver, President – Young Lawyers Division The Iowa State Bar Association, in conjunction with the ISBA Young Lawyers Division (YLD) and the ISBA Women & Minorities Committee, will offer Aaron T. Oliver their first Leadership Development and Orientation Program, which will be held on Thursday, May 27, from 10 a.m. to 4 p.m. at the West Des Moines Marriott in West Des Moines. The program is free. A multi-track program, it is designed for all lawyers who aspire to be leaders in The Iowa State Bar Association – for all lawyers who wish to serve on ISBA committees or sections and for lawyers who just want to learn more about the ISBA. It will include leadership skills training and a general overview concerning the numerous opportunities for involvement in the ISBA. The list of possible topics includes: “Bar Association 101,” Overview of the functions of ISBA office/staff, Legislative & Lobbying process, Board of Governors – what it is, what governors do, how to get on the Board, Why get involved and how to become more involved in ISBA activities/leadership, All about the ISBA website, Serving on a Committee or Section as a member or chair, How to run meetings & parliamentary procedure, How to motivate, work with and lead volunteers, and Strategic planning. Sessions will feature speakers and panelists from diverse backgrounds, including women lawyers, minority lawyers, government lawyers, corporate lawyers, young lawyers, “senior” lawyers, rural lawyers, urban lawyers, judges, and others. The ISBA is proud to serve all lawyers, and this is the perfect opportunity to get involved and make a positive impact on the legal profession. Also, if you are currently a leader in a county or local bar association, we encourage you to register for this program and/or nominate someone from your community to attend. The Leadership Development and Orientation Program is the result of efforts by the ISBA to reach out to Iowa lawyers to identify future leaders, and your support is very important. All attendees will be equipped with the necessary tools to get involved and become active in the bar. There might also be one hour of free CLE credit. Again, here are all of the details for this exciting program for Iowa lawyers, which includes a free lunch: WHO: ALL lawyers who want to learn more about the ISBA or want to become more involved in the ISBA WHAT: Leadership Development & Orientation Program WHERE: West Des Moines Marriott WHEN: May 27, 2004 from 10 a.m. to 4 p.m. COST: FREE NEED HELP WITH AN APPEAL? Patrick W. O’Bryan • O’BRYAN LAW FIRM patrickobryanlaw@msn.com STATE OR FEDERAL 300 Walnut Street, Suite 125, Des Moines, Iowa 50309 Phone: 515-283-8399 • Fax: 515-283-2670 LAW DEGREE DRAKE U. 1976 UMKC MASTER OF LAW DEGREE 1979 Former Law Clerk: Justice Harris 1977-1978 Former Director Appellate Screening Supreme Court of Iowa ‘85-‘92 This program will also provide an opportunity to meet the ISBA officers, the ISBA YLD officers, and the ISBA Board of Governors. One of the tracks of this program will include the annual orientation session for newly-appointed ISBA leaders, Board of Governors members, and committee and section chairs. There has never been a better time to become involved in The Iowa State Bar Association or to learn more about it. Please mark your calendar for May 27 and register for this Leadership Development and Orientation Program. You may register for the program online at www.iowabar.org or by calling the ISBA office at 515-243-3179. We look forward to seeing you in West Des Moines. YOUNG LAWYERS Y DIVISION L D IOWA STATE BAR ASSOCIATION & VALUATIONS EXPERT TESTIMONY When Results Count Business Valuation for: > Gift and Estate Taxes > Employee Stock Ownership Plans > Family Limited Partnerships > Intellectual Property Expert Testimony for: > Lost Profits/Earnings Analysis > Stockholder Disputes > Commercial Damages > Dissolutions Offices Coast to Coast Midwest Managing Director Terry J. Allen, ASA, CPA/ABV 3605 SW 29th Street Des Moines, IA 50321 515.953.4498 THE IOWA LAWYER April 2004 29 We cannot forget pro bono ! Needs increase with greater numbers being denied services By Brett Toresdahl* In the wake of requests for donations being made to the members of The Iowa State Bar Association, don’t forget that your pro bono obligation does not end with your checkbook and a stamp. Attorneys in Iowa are receiving multiple requests to provide financial support so that programs can keep their doors open, but attorneys are also needed to volunteer to “The most needed area for volunteers is family law.” keep the doors from being shut on clients. Pro bono is not something that you can “buy-out” of when you make a financial contribution to Iowa Legal Aid or one of the pro bono programs. Clients are still in need of services. Volunteer attorneys are a critical component in the delivery of legal services to our indigent citizens. The ISBA Volunteer Lawyers Project, the Polk County Bar Association Volunteer Lawyers Project, and Iowa Legal Aid have been struggling with funding reductions the past year. There is a crisis in the provision of legal assistance for the indigent. The reduction of funding and staff resources at Iowa Legal Aid results in fewer people being served. The number of clients who are being turned away each day and month continues to grow. Pro se filings in our courts are on the rise. The need for pro bono legal assistance continues to grow. Demand for volunteers is at an all time high as Iowa Legal Aid is referring more clients to the pro bono programs or simply turning them away. Times are tough. Demand continues to increase. The members of The Iowa State Bar Association and all attorneys in this state have consistently been responsive to the needs of Iowa’s indigent citizens. Nearly 45 percent of the attorneys in Iowa are signed up to take cases through one of the pro bono programs. Even though this number is impressive, the reality is that not all of these attorneys are getting or taking cases because they are signed up for cases that are outside the areas of highest demand. The most needed area for volunteers is family law. There are other areas of service, but if we could increase the number of attorneys willing to accept family law referrals, then we would start to see a decrease in the number of clients being denied services. The ISBA Board of Governors re-affirmed a long standing resolution in June encouraging all attorneys in Iowa to provide no less than 20 hours per year of pro bono legal services to the poor and disadvantaged. It is not acceptable to deny someone access to justice simply because they cannot afford it. Clients are unserved and all of us need to stay mindful of it. To find out more about how you can assist in meeting the need in Iowa, please contact the Iowa State Bar Association Volunteer Lawyers Project at 800-325-2909. The Iowa Code of Professional Responsibility for Lawyers reminds attorneys -: Historically, the need for legal services of those unable to pay reasonable fees has been met in part by lawyers who donated their services or accepted court appointments on behalf of such individuals. Presents... 2004 Preventing Legal Malpractice Claims and Ethics Complaints in Your Law Practice Professionally produced videotapes will be used to show a number of malpractice risks and ethics problems that exist in any law practice. The law office dramatization of attorney-client scenarios will present vignettes based on actual claims, ethics complaints and malpractice insurance problems. After the vignettes, a panel of experts will be present to discuss with attendees the errors, omissions and deficiencies of the attorneys in the dramatizations. Tuesday, April 27, 2004 9:00 am—12:15 pm (8:30 am check in) Harrah's, Council Bluffs, IA (712) 329.6059 There are three easy ways to register for this event: • FAX: 800.305.1510 Wednesday, April 28, 2004 9:00 am—12:15 pm (8:30 am check in) Downtown Marriott, Des Moines, IA (515) 245.5500 • Online: www.mlmins.com • Mail: 333 South Seventh Street, Suite 2200 Minneapolis, MN 55402 Thursday, April 29, 2004 9:00 am—12:15 pm (8:30 am check in) Crowne Plaza Five Seasons, Cedar Rapids, IA (319) 363.8161 30 THE IOWA LAWYER April 2004 Please include your name, firm name and which seminar you would like to attend. Cost: Free CLE and Ethics credits have been applied for. The basic responsibility for providing legal services for those unable to pay ultimately rests upon the individual lawyer, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer. Every lawyer, regardless of professional prominence or professional workload, should find time to participate in serving the disadvantaged. The rendition of free legal services to those unable to pay reasonable fees continues to be an obligation of each lawyer, but the efforts of individual lawyers are often not enough to meet the need. Thus it has been necessary for the profession to institute additional programs to provide legal services. Accordingly, the legal aid offices, lawyer referral services, and other related programs have been developed, and others will be developed by the profession. Every lawyer should support all proper efforts to meet this need for legal services. Ethical Consideration EC 2-27 .... *Executive Director, The Iowa State Bar Association Volunteer Lawyers Project PRO BONO IN IOWA ISBA honors lawyers who volunteer for indigent Iowans 2003 Honor Roll The Iowa State Bar Association Volunteer Lawyers Project is pleased again to present its Pro Bono Honor Roll recognizing Iowa attorneys who make it possible for more Iowans to have access to justice. Members of the private bar provide hundreds of hours of pro bono legal services through their VLP efforts. Pro bono service is the critical component in making more legal services available to the indigent citizens of our state. We list here all Iowa attorneys who closed one or more VLP cases in 2003. Highlighted names are of attorneys who provided 20 or more hours of VLP services. This is the recommended standard established by the Pro Bono Resolution passed by the ISBA Board of Governors in 1990 and reaffirmed in June 2003. Some attorneys who participate in the VLP report their cases through their firms and these firms are included on the list. In addition to taking cases, many attorneys provide pro bono services in other ways. They provide valuable assistance to the legal service community by doing intake, talking with clients at clinics, training and research, pro bono mediations and as support to the court. This list also includes key volunteers who have worked tirelessly in the past year to increase funding for Iowa Legal Aid and the VLP programs as well as service on the Boards for these organizations. We thank all VLP volunteer attorneys for their generous commitment and support of pro bono in Iowa. STAY IN TOUCH with your legislator By James W. Carney – Legislative Counsel Two sayings that I have learned to appreciate more each year that I have been lobbying are: “All politics is local,” a quote from Tip O’Neill, and “No man’s life, liberty or property are safe while the legislature is in session...”, 1 Tucker 248 (NY Surr. 1866). Whether it is on Iowa State Bar Association issues or those of importance to you as a citizen, you should always keep in touch with your local legislators. They may not do or vote the way you want them to on every proposed law, but they do listen to their constituents. Never undervalue your personal contact with them. HOW TO CONTACT YOUR LEGISLATOR Today it is very easy to communicate with your elected representatives. You can do it by mail, phone, e-mail or by meeting with them in your home district. You can contact them during the legislative session by calling SENATORS 515-281-3371 reaches the Iowa Senate switchboard. REPRESENTATIVES 515-281-3221 reaches the Iowa House switchboard. E-MAIL – A list of Iowa legislators and their e-mail addresses, as well as home contact information, is on the Web at www.legis.state.ia.us Legislators read their e-mail. It is a great way to communicate with them. U.S. MAIL – Address it to members of the Legislature at the State Capitol, Des Moines, IA 50319. WEB ACCESS – Find calendars of legislative meetings, track legislation, find your lawmaker, and even listen to live debate on the General Assembly’s Web site at www.legis.state.ia.us GENERAL INFORMATION – Legislative Information Office 515-281-5129. If at any time you have questions about legislation, contact our office. We will try to answer any questions you pose. If you communicate with your legislator and you determine they have a position on an issue of importance to the Association, please forward a copy of that communication to us so we can follow up with your legislator at the Capitol. You can contact Jim Carney, Troy Skinner or Jenny Tyler at 400 Homestead Building, 303 Locust Street, Des Moines IA 50309 515-282-6803 • Fax 515-282-4700 carney@carneylawfirmiowa.com • skinner@carneylawfirmiowa.com tyler@carneylawfirmiowa.com THE IOWA LAWYER April 2004 31 Volunteer Lawyers Project Honor Roll This list has been compiled with the assistance and cooperation of The Iowa State Bar Association Volunteer Lawyers Project, Iowa Legal Aid Volunteer Lawyers Project, Polk County Bar Association Volunteer Lawyers Project, and HELP Legal Assistance Pro Bono Project based on information the attorneys reported to these agencies in 2003. ADAIR: Karen Emerson, John Fisher, Clint Hight. ADAMS: Jeffrey Millhollin, Stuart Nielsen. ALLAMAKEE: Matthew Erickson, Jeffrey Swartz, W. Richard White. BENTON: Patricia Lough. BLACK HAWK: Andrew Abbott, John W. Ackerman, Brandon Adams, Kevin Ahrenholz, Colleen Alexander, Craig Ament, Samuel Anderson, Robert Andres, Larry Anfinson, Miryam Antunez DeMayolo, Judith Benson, Henry Bevel III, Tim Boller, Bruce Braley, Robert Braun, Jen Bries, Peter Burk, Michael Congalton, David Correll, Steven Daniels, Paul Demro, Sarah Dooley-Rothman, Michael Dunbar, Kevin Engels, Megan Fereday, Hugh Field, E. J. Gallagher III, Bruce Gettman, Jr., Robert Griffin, Dennis Guernsey, Linda Hall, Beth Hansen, John Harris, John Hines, Russell Hinze, Theresa Hoffman, Gary D. Iversen, Eric Johnson, James Kalkhoff, Mary Kennedy, Sara Kersenbrock. Also, Max E. Kirk, K. L. Kober, Laura Langenwalter, Mike Lanigan, Corey Lorenzen, Rick Lubben, Timothy Luce, Adnan Mahmutagic, David Mason, John McCoy, Mark Milder, Michael Miller, Steven Moore, Richard Morris, Kenneth Nelson, David Odekirk, Michael Pedersen, Jeffrey Peterzalek, John Rausch, Robert Rausch, Donald Redfern, David Riley, Kevin Rogers, Mark Rolinger, Obie Saddler, Jr., Daniel Seufferlein, Joseph Sevcik, Karla Joy Shea, R. James Sheerer, Paul Shinkle, Lynn M. Smith, Chad Swanson, Thomas Verhulst, James L. Wagner, D. Raymond Walton, Steven Weidner, Natalie Williams Burris, Mediations & Arbitrations Workers’ Compensation Mediators Frank T. Harrison Former Deputy Iowa Industrial Commissioner E. J. Kelly Former Deputy Iowa Industrial Commissioner Robert C. Landess Former Iowa Industrial Commissioner Valerie A. Landis M. Anne McAtee Civil Litigation Mediators & Arbitrators Jeff H. Jeffries • Thomas J. Logan John E. Orrell, Jr. • Kimberly J. Stamatelos Family Law Mediator Kimberly J. Stamatelos Des Moines • Adel • Quad Cities 515-244-0111 www.hopkinsandhuebner.com 32 THE IOWA LAWYER April 2004 Melvin Wolf, John J. Wood, Gene R. Yagla, David Zellhoefer. BOONE: Bruce Anderson, Dorothy Dakin, Ben Doran, Lee Johnson, Judd Kruse, James Malloy, Adria Stonehocker. BREMER: Ivan Ackerman, Gerald Carney, Keith Collins, Steven Egli, Lana Luhring, Lawrence Stumme, John Tremaine. BUCHANAN: Gary McClintock, Franklin Sauer. BUENA VISTA: Mary Hamilton, Steven Hamilton, John Murray, David Patton. BUTLER: Thomas Lawler, Gregory Lievens, Amy Swanson. CALHOUN: Cynthia Voorde. CARROLL: Frank Comito, Ronald Eich, Joseph Halbur, Patrick Hall, A. Eric Neu, Arthur A. Neu, Robert Peters, William Polking. CASS: Brian Daiker, Lawrence Jones, James Mailander. CEDAR: Brian Fairfield, William Norton, Francesca Passeri. CERRO GORDO: J. Mathew Anderson, Rolf Aronsen, Kristy Arzberger, Charles Biebesheimer, Erin Bolinger, Rustin Davenport, John Duffy, F. David Eastman, David Funkhouser, James Heiny, William Keen, John Lander, Tim Lapointe, Charles Levad, James McGuire, C. W. McManigal, David Nelsen, C. Bradley Price, John Sorensen, Gerald Stambaugh, Richard Tompkins Jr., Steven VandenBerg, Michael Vervaecke, Mark Young, Joel J. Yunek. CHEROKEE: Richard Cook, John Loughlin, Daniel Meloy, George Wittgraf. CHICKASAW: Lewis Churbuck, Kevin Kennedy, Michael Kennedy, Christopher O’Donohoe, Nathaniel Schwickerath, Patrick Wegman. CLARKE: Unes Booth, William Eddy, Dan Northfield. CLAY: Christopher Bjornstad, Charles Borth, Donald Hemphill, David Scott. CLAYTON: David Baumgartner, John Gnagy, J. Steven McCorkindale, Michael Schuster. CLINTON: J. Drew Chambers, Stephen Haufe, Robert McGee, Kenneth F. Schoenauer, Bert Watson. DALLAS: Scott Finneseth, Randy Hefner, Bryan Jennings, Jonathan Kimple, Misheal Waller-Little. DAVIS: Stephen Richardson, John Silko. DECATUR: Robert Rolfe. DELAWARE: Daniel Swift, William Werger. DES MOINES: James Adams, David Beckman, Daniel Cahill, William Cahill, John Cray, Ronald Ellerhoff, Robert Engberg, Robert Engler, Gerald Goddard, Toby Gordon, Brian Helling, David Hirsch, William Jahn, Jr., James Miller, William Monroe, Donald Porth, Nicholas Pothitakis, W. Scott Power, Brent Ruther, Michael Schilling, Scott Schroeder, J. Bryan Schulte, Steven Swanson, Mitchell Taylor, Alan Waples. DICKINSON: Edward W. Bjornstad, John Bjornstad, Bethany Verhoef Brands, Jon Martin, Pamela Wingert. DUBUQUE: Monica Ackley, John Becker, Mark Beckman, Joseph Bitter, Tom Bitter, William Blum, Brannon Burroughs, Dave Clemens, Jennifer Clemens-Conlon, Chad Cox, Davin Curtiss, MaryBeth Fleming, Danita Galdick, Arthur Gilloon, Timothy Goen, Dirk Hamel, Melissa Hancock, Darin Harmon, Werner Hellmer, Francis Henkels, Stuart Hoover, Alfred Hughes, Philip Jensen, Stephen Juergens, Todd Klapatauskas, Dean J. Konrardy, Roger Kurt, Francis Lange, David Leifker, Todd Locher, John Nemmers, Brian Peters, Anthony J. Quinn, Bruce Rehmke, Patricia Reisen-Ottavi, David Setter, Angela Simon, Thomas Straka, Leanne Striegel, Jeffrey Trannel, Jim Trannel, Michael Whalen. EMMET: Scot Bauermeister, David Forsyth, Gordon Forsyth. FAYETTE: Jeffrey Clements, David Hanson, John Hofmeyer III, T. David Katsumes, W. Wayne Saur, Ronald VanVeldhuizen, Larry Woods. FRANKLIN: Lee Blum, Michael Cross, Brent Symens. GREENE: Rita Harmening Pedersen, Mark J. Rasmussen, Robert Schwarzkopf. GRUNDY: Bradley Harris, Gerald Monk, Kirby Schmidt, Robert Thompson. GUTHRIE: Dwight Dinkla, Robert Feilmeyer, Beverly Wild. HAMILTON: Charles Deppe, Mark Hemmingson, Ellen J. Henry. HANCOCK: Phillip Garland, Earl Hill, Brian Jones, James Wetterling. HARDIN: Michael Holt, Larry Johnson, Carl Letz, Clark McNeal. HARRISON: John Kellogg. HENRY: Richard Bell, Patrick Brau, Michael Vance. HOWARD: Mark Anderson, James Moriarty, Kevin Schoeberl. HUMBOLDT: Marc Arends, Robert Lee, Steven Sandblom, Gregory Stoebe. IDA: Laurel Boerner, Matthew Forristal, Peter Goldsmith. IOWA: Orville Bloethe, Robert Leinen, William Shafer, Fred Stiefel, Eric Tindal. JACKSON: Corliss Baty, James Bear, Ronald J. Besch, Steven Kahler, Mark Lawson, Kenneth E. Wright. JASPER: Randal Caldwell, Dennis Chalupa, Trisha Greear, Steven Holwerda, Bradley McCall, Mark Otto, Terry Rickers, Lois Vroom, Kathryn (Beth) Walker, Lee M. Walker. JEFFERSON: Ed Noyes, Stephan Small, Nancy Watkins. JOHNSON: John Allen, Lars Anderson, Dawn Barker Anderson, Jean Bartley, Janice Becker, Christine Boyer, Maurine Braddock, Michael Brenneman, Kandie Briscoe, David Brown, David Burbidge, Rockne Cole, Lois Cox, Mark Danielson, Martin Diaz, Eleanor Dilkes, Sue Dulek, Jeffrey Fields, Davis Foster, Gregg Geerdes, Bruce Goddard, Timothy G. Grady, Stephen Greenleaf, John Hayek, LeAnn Heun, Thomas Hobart, Mary Hoefer, Sondra Kaska, Michael Kennedy, Sue Kirk, Margaret Lainson, James Larew, Nestor Lobodiak, Karen Lorenzen, Lawrence L. Lynch, Lillian Lyons Davis, Paul McAndrew, Jr., James McCarragher, Thomas McMurray, Charles Meardon, Sharon Mellon, Dennis Mitchell, Joseph Moreland, Jennifer Morrison, Bruce Nestor, Reta Noblett-Feld, Anna O’Flaherty, Douglas Olson, Cynthia Parsons, Constance Peschang Stannard, Julie Pulkrabek, Jeffrey Renander, Dell Richard, Barbara Schwartz, Leon Spies, L. Jay Stein, Randy E. Trca, Bruce Walker, Sally Weyer, Randall Willman. JONES: Craig Elliott, Adrian T. Knuth, Nick Strittmatter, James Thomas, Janette Voss, Todd Weimer, Jay A. Willems. KOSSUTH: Scott Buchanan, Thomas Lipps, David Skilling, Eldon Winkel. LEE: Clinton R. Boddicker, Elaine Eschman, R. L. Fehseke, Jr., Richard L. Fehseke, III., John E. Kultala, M. Carl McMurray, Robert Reding, Thomas Skewes, Steven J. Swan, John Wright. LINN: Janice Aasgaard, Connie Alt, Brian D. Bergstrom, Jace Bisgard, Richard L. Boresi, Gilda Boyer, Hugo Burdt, Philip A. Burian, Kevin Caster, Kevin Collins, Christine L. Conover, Patrick Courtney, Christine Crilley, Elizabeth Croco, Terri Davis, Robert Davison, Laurie L. Dawley, Kenneth Dolezal, John H. Ehrhart, Dean R. Einck, Gregory J. Epping, Ronald Fadness, Michael Fay, Thomas Fiegen, Heather Fleming, Richard Fry, Richard Garberson, Carla Garrels-Pearson, Sarah Gayer, Richard W. George, James Gerk, Gordon R. Gibson, Matthew A. Glasson, Cory Goldensoph, D. John Hedgecoth, William Hochstetler, Tricia Hoffman-Simanek, James C. Holmes, Janet Hong, Anne Hoskins, Deborah Hughes, Wesley B. Huisinga, Stephen Jackson, Sr., Stephen Jackson, Jr., Elizabeth Jacobi. Also, Maureen Kenney, Henry M. Keyes, Linda M. Kirsch, Kurt Kratovil, Gerald J. Kucera, Diane Kutzko, Pamela Jo Lewis, Darin Luneckas, David Marner, Sr., Robert W. Matias, Martin J. McLaughlin, Dennis J. McMenimen, Douglas C. Meyer, Michael L. Mollman, John Monroe, Darrel A. Morf, Iris Muchmore, David Nadler, Douglas Oelschlaeger, Robert O’Shea, Steven Pace, Jack Paige, Thomas Peffer, Nancy Penner, Robert Porter, Troy Powell, William P. Prowell, Carroll Reasoner, John Riccolo, Jennifer Rinder, Mark Roberts, Jeffrey K. Robison, Forrest Rosser, Robert Rush, Gregory Seyfer, James Shipman, Rush Shortley, James Sines, Todd Slagter, D. J. Smith, R. L. Sole, John Stitely, Wilford Stone, Gary Streit, Marty Sutcliffe, Debra Svoboda Epp, Stephen Swift, Robert Teig, David Thinnes, Shannon Thompson, Larry Thorson, Traci Vercande, Karen A. Volz, Chad M. VonKampen, Darrell Walters, Jr., Hanna B. Weston, Judith Whetstine, Lynn Wickham Hartman, Daniel Willems, Charles J. Williams, Anne Wilson, Robert F. Wilson, Karla Wolff, Thomas Wolle, Mark L. Zaiger, Richard H. Zimmermann. LOUISA: Roger Huddle, David Matthews, Wiliam Matthews, Jay J. Schweitzer, Timothy Wink. LUCAS: Raymond G. Meyer. MADISON: Julie Forsyth, Jerrold B. Oliver, G. Stephen Walters. MAHASKA: Randy DeGeest, David Dixon, Julie Fisher, Greg Life, Eric Palmer. MARION: Barry Griffith, David Johnson, Michael Lane, Dwaine Meyer, Timothy Tripp, Ronald Walker. MARSHALL: Erin Broadston, Chris Clausen, James C. Ellefson, Kent L. Geffe, Joel Greer, John J. Haney, George W. Hinshaw, Michael R. Horn, Steven A. Kloberdanz, Merrill C. Swartz, Robert Weiss, Patrick L. Wilson. MILLS: Charles Haack. MITCHELL: Richard Gross. MONONA: Stephen Allen. MONTGOMERY: Brian Mensen, Charles E. Richards. MUSCATINE: Gary Allison, Linda Allison, Paul Bouska, Roland Caldwell, William Creasey, Gerald Denning, John Harris, Jeffrey Johnson, Eric Knoernschild, Michael Metcalf, Mark Neary, Jean Pfeiffer, Don Schroeder. O’BRIEN: Bruce Green. PAGE: Anthony Almquist, Gary Gee, Sanford Turner. PALO ALTO: Michael Brown, Donald Capotosto. PLYMOUTH: Richard Bauerly, Scott Bixenman, W.E. (Gene) Collins, Marten Trotzig. POCAHONTAS: Donald Beneke, Donald M. Winkler. POLK: Mark Abendroth, Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, Everett Albers, Angela Althoff, Fred Anderson, James Austin, Todd Babich, Bruce Baker, Nathan Barber, Neil Barrick, Joseph Barron, Patricia Barry, William Bartine, Chuck Becker, Mark Beerman, Belin, Lamson, McCormick, Zumbach & Flynn, Susan Boe, Eric Boehlert, Randy Bolin, Eric Borseth, Sara Jane Bowe, Andrew Bracken, Bradshaw, Fowler, Proctor & Fairgrave, Trinity Braun, Scott Brennan, William Brewer, Brick, Gentry, Bowers, Swartz, Stoltze, Schuling & Levis, Brown, Winick, Graves, Gross, Baskerville & Schoenebaum, Michael Burdette, Bruce Butler, Heather Campbell, Brent Cashatt, David Charles, James Christenson, Megan Claypool, Jennifer Clendenin, Lori Cole, Chris Coppola, R. Mark Cory, Christine Cownie, Garry Cox, Tom Crabb, David Craig, Martha Crist, Matthew Cronic, Michael Cumings, Davis, Brown, Koehn, Shors & Roberts, Darrel Davison, Michael Deege, Tom DeSio, Steve Despotovich, Tracy Deutmeyer, Dickinson, Mackaman, Tyler & Hagen, Catherine Dietz-Kilen, Diane Dornburg, Dorsey & Whitney, Douglas Drees, Paul Drey, Thomas Duff, Duncan, Green, Brown, Langeness & Eckley, Carmen Eichmann, Honorable Larry Eisenhauer, Susan Ekstrom, Tara Elcock, Todd Elverson, Catherine Engel, Michael Ensley, David Erickson, Kimberly Erickson, Ray Fenton, Jake Feuerhelm, James Fifield, Thomas Fisher, Jr., Thomas Fisher, Sr., Jeff Flagg, Patrick Fraizer, Sally Frank, Susan Freed, Michael Galloway, Elias Gastelo, Ryan Genest, Drew Gentsch, Mike Gilchrist, Grefe & Sidney, A. J. Greffenius. Also, Gordon Greta, Elizabeth Grob, Laura Hamady, Jim Hanks, Wendell Harms, John Harding, Marc Harding, Keith Haroldson, Harvey Harrison, Wade Hauser, Jon Heiny, Alice Helle, Christopher Henderson, James Holcomb, Bob Holliday, Hopkins & Huebner, Terry Hopkins, Randy Horstmann, John Hudson, R.J. Hudson, Jr., Debra Hulett, Jason Hunt, Fred James, Lawrence James, Sr., Dallas Janssen, Jennifer JaskolkaBrown, Steve Jayne, Danielle Jess, Alexander Johnson, Martha Johnson, Elizabeth Katz, William Kelly, Kent Kelsey, Jeff Kelso, Ann Kendall, Elizabeth Gregg Kennedy, Greg Kenyon, David Kilpatrick, Patrick Kirchner, Peter Kitundu, Linda Kniep, Kimberly Knoshaug, Becky Knutson, Sonia Parras Konrad, Chris Kragnes, Jim Krambeck, Gretchen Kramer, Jonathan Kramer, Yale Kramer, Thomas Krause, LeAnne Krell, Elizabeth Kruidenier, Judd Kruse, Cristina Kuhn, Robert Laden, Mark Lagomarcino, Jennifer Lampe, Matthew Laughlin, Tom Levis, Jeff Lipman, Tom Loftus, Holly Logan, Susan Low, Chip Lowe, Dick Lozier, David Luginbill, Steve Lytle, Rod Maharry, Michael Mallaney, Ed Mansfield, Larry Marcucci, Kathy Massier, Jane McAllister, Cynthia McCall, Curt McCormick, Matt McDermott, Michael McEnroe, Ed McIntosh, Larry McLellan, Patrick McNulty, James Meade, Ann Michelson, Andrew Miller, Christopher Miller, Cynthia Miller, Donna Miller, Clark Mitchell, Sean Moore, David Morse, Burns Mossman, Darrel Mullins, Linda Murphy, Thomas Murphy, Alexandra Nelissen, Nyemaster, Goode, Voigts, West, Hansell & O’Brien, Robert Oberbillig, Jennifer Oetker, Dennis Ogden, Jeff Oliver, Mike Oliver, Amy Omvig, Nathan Overberg, Martin Ozga, Greg Page, Heather Palmer, Kristin Parks, Patrick Payton. Also, Tim Pearson, Karen Pearston, Peddicord, Wharton, Spencer & Hook, Ron Peeler, Lisa Perdue, David Phillips, James Piazza, Sr., Sarah Pitts, Vickie Place, Van Plumb, Thomas Pospisil, John Priester, Principal Financial Group – Law Department, Chip Pritchard, Randi Ray, Wayne Reames, Mike Reck, David Repp, Scott Riemenschneider, Ron Rieper, Nancy Lynn Robertson, Mark Roth, Steve Roy, Rod Ryan, Roxann Ryan, Michael Said, Peter Sand, Michelle Saveraid, Thomas Schlapkohl, John Schmidt, John Scieszinski, Joe Seidlin, John Seitz, Karen Shaff, Robert Sharp, Jeremy Sharpe, Matt Sheeley, Danielle Shelton, Anita Shodeen, Anjela Shutts, Aaron Siebrecht, Cathleen Siebrecht, D. Scott Simpson, Kara Sinnard, Tom Slaughter, Douglas Smith, Behnaz Soulati, Jerry Spaeth, Katherine Spencer, James Spellman, Curt Stamp, Mac Stanfield, Donn Stanley, Steve St. Clair, Randy Stefani, Frank Steinbach, III., Roger Stetson, Susan Stockdale, Jason Stone, Susan Suh, Sullivan & Ward, James Swanger, David Swinton, Paul Swinton, Krista Tanner, Tom Tarbox, Mark Thomas, Nancy Thompson, Andrew Tice, Bryan Tingle, Steven Traynor, Nancy Trotter, Joan Trout, Leanne Valentine, Pam Vandel, Margaret Van Houten, Jon Vasey, John Vernon, Milo Vukelich, James Wainwright, David Walker, Tim Walker, Stacey Warren, Ivan Webber, Richard Webster, Daniel Weddle, Mark Weinhardt, Patty Westemeyer, Tammy Westhoff, Ron Wheeler, Lu Ann White, Whitfield & Eddy, Mary Whitman, Mark Wiedenfeld, Don Williams, Wayne Wilson, Don Wine, Colin Witt, Michael Wunn. POTTAWATTAMIE: Gregory Barntsen, James Campbell, Phil Caniglia, Stephen Ebke, Keith Engel, Daniel L. Fretheim, Michael Gallner, Dennis Gray, Michael Haller, Jr., Eric Hansen, Dean T. Jennings, Drew Kouris, David McCann, Clarence Meldrum, Jr., Michael Moss, G. Elizabeth Otte, Suellen Overton, Jacob Peters, Richard Peterson, John Rasmussen, Aaron Rodenburg, Jack Ruesch, Michael A. Sciortino, G. William Smits, Norman Springer, Jr., Benjamin Thompson, Joseph Thornton. POWESHIEK: Donald Charnetski, Jeffrey Garland, Dennis McKelvie, William McNally, Donald Schild. SCOTT: John Aitken, Suzanne Arzberger, Kathleen Bailey, Steven Berger, David G. Binegar, Patricia Cepican, Nathan Clark, Michael Clifton, Jeffrey Cook, Joe Creen, Chris Curran, Jack Darland, Vic Dietz, Steven Fieweger, John Flynn, Robert S. Gallagher, Jack Harris, Matt Hatch, Troy Howell, Catherine Hult, Joe Judge, Courtney Kay-Decker, Patrick Kelly, Brian Kuethe, John Kuhl, Larry Lammers, Lane & Waterman, Peggy Lay, J. Wilson McCallister, Michael McCarthy, William McCullough, Jeffrey McDaniel, Sandra Madsen, Michael Meloy, Robert Meyer, David Millage, Stephen Newport, Jason O’Rourke, Maria Pauly, Robert Phelps, Diane Puthoff, Seymore Raben, Diane Reinsch, Ronald Rothert, Mikkie Schiltz, Doug Scovil, Lisa Shileny, James Sothmann, Penelope Souhrada, Stanley, Lande & Hunter, William Sueppel, Eric Syverud, Katherine Teel Don Thuline, David Treimer, Steven Wing, Tom Yeggy. SHELBY: Richard Schenck, Bryan Swain. SIOUX: Bradley DeJong, , Maureen McGill Hoogeveen, James Pickner. STORY: David Benson, Stephen Howell, Christine Hunziker, Christine Keenan, Jere C. Maddux, Clark Pasley, Margaret Rhodes, Dale Sharp, Kathy Mace Skinner, William T. Talbot, John Timmons. TAMA: Jared O. Bauch, Bruce Reinders, Allan Richards. UNION: Marion James, Arnold O. Kenyon, III. WAPELLO: Matt Cunningham, J.T. Denefe, H. Edwin Detlie, Kenneth Duker, Dennis Emanuel, Philip Ferren, Steven Gardner, Richard J. Gaumer, Gayla Harrison, Timothy W. James, Joni Keith, Lloyd Keith, Thomas F. Kintigh, Mary B. Krafka, Jeffrey R. Logan, Timothy McKay, Rose Anne Mefford, Ryan Mitchell, John N. Moreland, Michael J. Moreland, H. Michael Neary, Allan C. Orsborn, Thomas M. Walter, Paul Zingg. WARREN: James F. Fowler, Kimberly Graham Haddox, Stephen Hall, Claire Patin. WASHINGTON: Tracy Anderson, Craig Arbuckle, Christal L. Arthur, Tamara Borland, Leslie D. Lamping, Patricia Lipski, Gerald Partridge, Kathryn Salazar, Douglas Tindal. WAYNE: Roberta Chambers, Monty Franklin, Verle Norris, Alan Wilson. WEBSTER: Stuart J. Cochrane, Rebecca Hanson, Steven Hendricks, Derek Johnson, Dan T. McGrevey, Blake Parker, Kurt T. Pittner, R. Thomas Price, Jerry Schnurr, III., David Sergeant, William Thatcher. WINNEBAGO: Daron Fritz, Mark A. Newman. WINNESHIEK: James Burns, Timothy Lynch, Lee Wilmarth. WOODBURY: Steven Andreasen, A. Frank Baron, Robert Deck, James Daane, Jay Denne, Daniel D. Dykstra, Ray H. Edgington, Michael W. Ellwanger, Martha Fagg, Judith Garnos Huitink, Jeffrey Garreans, John C. Gray, Michael Hobart, Mercedes Ivener, Michael Jacobs, Jeffrey Johnson, Michelle Lessmann, Michele Lewon, Gregory N. Lohr, Glenn Metcalf, John Moeller, John Nelson, David Nyberg, Teresa O’Brien, Barbara Orzechowski, Douglas Phillips, James W. Redmond, Richard Rhinehart, Elizabeth Row, Delbert (Will) Rowse, Kelly Salker, Rosemary Sheehan, Bruce G. Thomas, Kendra Zirbel Olson. WORTH: Craig Ensign, Jeffrey H. Greve, John H. Greve. WRIGHT: Richard Bordwell, Larry E. Ivers. Drake Law team takes second nationally The Drake University Law School Association of Trial Lawyers of America (ATLA) Mock Trial team has taken the No. 2 team ranking in the nation at the annual Student Trial Advocacy Competition. The team of third-year law students David Porter and Josh Tomsheck, and second-year students Wendy Cooper and Matthew Eslick, defeated South Texas University in the semi-finals, but lost to the University of Akron in the finals. The mock trial competition began February in 14 cities where 224 teams from 124 schools faced each other regionally. The top team from each region advanced to the finals competition held March 11 – 14 in West Palm Beach, Fla. Drake Law School alumni Jeff Noble and Chuck Kenville coached the team which was sponsored by the Des Moines law firm of Galligan, Doyle & Reid. ISBA PRESIDENT Kevin Collins, left, and his wife, Sally Stephenson, behind him, were joined by J.C. Salvo, ISBA vice president, and his wide Trudy at the recent NCBP meeting in San Antonio. Charles T. Traw MEDIATION/ARBITRATION Certified Mediator, American Academy of ADR Attorneys 12 years’ ADR experience as neutral ■ Fellow, Iowa Academy of Trial Lawyers Member ■ Chartered Institute of Arbitrators ■ Panel of Mediators and Arbitrators, National Arbitration Forum ■ Iowa and American Trial Lawyers’ Associations ■ Iowa Defense Counsel Association ■ Defense Research Institute Leff, Haupert, Traw & Willman P.O. Box 2447 Iowa City, Iowa 52244 phone 319/338-7551 fax 319/338-6902 e-mail cttlhtw@qwest.net THE IOWA LAWYER April 2004 33 CLASSIFIED ADS PUBLISHER’S NOTE Legal Professional Liability Coverage for America’s Greatest Law Firms E-mail submissions to the CLASSIFIED ADVERTISING section are requested. They save keystrokes, thus cutting down on our production time, and 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. Each ISBA member of a private law practice receives two free insertions annually. Corporate and government attorney members of the association receive the same free privileges for their business, non-employer-related ads. If you have questions, call Chuck Corcoran at 515-243-3179. E-mail your copy to ccorcoran@iowabar.org The number appearing in parentheses after each ad is not a box number. It indicates the date the ad will be pulled from the magazine. (TF) indicates the ad will run until we receive instructions to pull it. COMMERCIAL ADVERTISERS: Contact Shannon Espenscheid, 641-474-2280 or David Larson, 515-440-2810. Positions Available Coverage For All Firm Sizes Financial Stability Optional Monthly Payment Plan Rated “A” by A.M. Best* www.greatamericanlawyer.com Apply Online With Our App In A Snap Carlin Edelman Dwayne Johnson Professional Liability Division 800-299-4331 *A.M. Best Rating Report, July 24, 2003 ©2003 by Great American Insurance Company. All rights reserved. HON INDUSTRIES Inc. is the secondlargest office furniture manufacturer in North America, and the nation’s leading manufacturer and marketer of gas- and wood-burning fireplaces. HON INDUSTRIES was recognized for the third consecutive year as one of the 400 Best Big Companies in America by Forbes magazine in 2003, and as America’s Most Admired Company in the furniture industry by Fortune magazine in 2003. We currently have an in-house opening for Legal Counsel, reporting to the Vice President, General Counsel and Secretary. The responsibilities of this position include: negotiating and documenting acquisitions and divestitures; legal counseling on commercial issues (e.g., tax, trade regulation, sales/purchase transactions); legal counseling regarding contracts, leases, licensing agreements, supply agreements and similar legal instruments (including negotiating and drafting, when necessary); conducting compliance programs (e.g., trade regulation reviews; legal compliance reviews; assist with environmental audits). Qualified candidates will be licensed to practice law in a US state and have 5+ years experience with general corporate law. An undergraduate business degree or MBA and experience with real estate and securities would be helpful. Relocation available. Excellent compensation and benefits package. To apply, please email resume to Schroederj@honi.com or fax (563) 264-7923. HON INDUSTRIES • 414 E Third St • (SE) Muscatine, IA 52761 • www.honi.com ASSOCIATE POSITION – Central Iowa county seat AV-rated law firm seeks an associate with up to three years experience. Opportunities in area of office practice. Send resumé and present level of compensation in confidence to Code 40104, The Iowa Lawyer, The Iowa State Bar Association, 521 East Locust Street, Des Moines, Iowa 50309-1939 (0504) 34 THE IOWA LAWYER April 2004 ASSOCIATE ATTORNEY – Eastern Iowa county seat law firm seeks an associate interested in practicing primarily in areas of criminal law and civil litigation. Applicants shall have one to three years experience. Income shall be based on salary plus bonuses for production. All inquiries held in confidence. To apply, send resume and cover letter to The Iowa State Bar Association, The Iowa Lawyer, Code 3099, 521 E. Locust Street, (0504) Fl. 3, Des Moines, Iowa 50309. MID-SIZE AV-RATED SIOUX CITY law firm is seeking an attorney with five-plus years practicing primarily in real estate, banking and business law. We offer an excellent salary and fringe benefits package. Must be licensed or eligible for license in Iowa. Send resume, professional references and letter of interest by mail to: Attn: Cody M. McCullough; Crary, Huff, Inkster, Sheehan, Ringgenberg, Hartnett & Storm, P.C.; PO Box 27; Sioux City, Iowa 51102, or by email to cmccullough@craryhuff.com (TF) NOTICE The firm which placed the ad with Code 22004 please contact the bar office at CCORCORAN@IOWABAR.ORG Thank you! ATTORNEY TO WORK on a contract/hourly basis to help deal with a temporary work overload in small North Central Iowa general practice. This is a non-complex office practice involving mostly real estate, probate and corporate work. Some experience is necessary. All applications and inquiries will be held strictly confidential. Respond with resume and letter of application to Code 22004, The Iowa Lawyer, 521 East Locust Street, (0404) Des Moines, Iowa 50309-1939. CLASSIFIED ADS ASSOCIATE ATTORNEY – Eastern Iowa county seat law firm seeks an associate interested in practicing primarily in areas of criminal law and civil litigation. Applicants shall have one to three years experience. Income shall be based on salary plus bonuses for production. All inquiries held in confidence. To apply, send resume and cover letter to the Iowa State Bar Association, The Iowa Lawyer, Code 3099, 521 E. Locust Street, (0504) Fl. 3, Des Moines, Iowa 50309. ASSOCIATE WANTED – Well-established and growing AV-rated firm, with substantial litigation and employment law practices with offices in Cedar Rapids and Iowa City seeks highly motivated attorney with 1-5 years experience practicing in litigation and/or employment law. Compensation competitive. Send resume to Timothy J. Hill, Bradley & Riley PC, PO Box 2804, Cedar Rapids, Iowa 52406-2804, or email thill@bradleyriley.com ASSISTANT COUNTY ATTORNEY – The Johnson County Attorney’s Office has an opening for a full-time attorney. Current admission to practice in Iowa is required. Initial duties involve misdemeanor prosecution. Starting salary $36,500. Submit resumes by April 9 to J. Patrick White, Johnson County Attorney, P.O. Box 2450, Iowa City, Iowa 52244-2450. Screening and interview process will begin immediately. Johnson County is an Affirmative Action Equal Opportunity Employer. Women, minorities, and elderly are encouraged (0604) to apply. Career Center ARE YOU SEARCHING for a new associate or law partner? Are you looking for a different full- or part-time position? Go to www.iowabar.org and click on the ISBA (TF) Career Center. (TF) ATTORNEY WANTED – AV-rated Des Moines law firm seeking an attorney to locate to south-central Iowa to participate in operation of general law practice there. Send resume, professional references and letter of interest to The Iowa Lawyer, Code 9965, 521 East Locust Street, Des Moines, Iowa 50309. (0604) ATTORNEY – McDonald, Stonebraker, Cepican & Woodward, P.C., a Quad Cities firm, is seeking an attorney with 2-3 years of general practice and/or litigation experience to work in areas of general practice, personal injury litigation, insurance defense and workers’ compensation. Candidates licensed in both Iowa and Illinois will be preferred. Please send confidential letter of interest and resume to Elliott R. McDonald III, Box 2746, Davenport, Iowa 52809 or to emcdonald3@mscwlaw.com (0504) Expert Software LegalWorks Guidelines for Iowa. IBM Windows Compatible/Windows version. Calculates child support pursuant to Iowa child support guidelines worksheet and client’s financial affidavit. Call 888-282-5291 for pricing and delivery information. Satisfaction guaranteed. LegalWorks Software, P.O. Box 22127, Des Moines, (SE) Iowa 50325. Office Space Available PLAZA LAW OFFICE – Office space available in suite of law offices in The Plaza in downtown Des Moines; includes staff, services, equipment and utilities. Reasonable terms. All inquiries confidential. Phone (SE) 515-244-7820. OFFICE SPACE FOR RENT – Four rooms, 575 sq. ft. Shared use of reception area, existing furniture and office equipment, 2 conference rooms, telephones, and receptionist are available. Three minutes off I-80 at Coral Ridge Exit, Coralville. (0504) Call 319-887-1690. Office Equipment PLEASE DONATE your used computers to Digital Aid, Inc. Computers are refurbished and distributed to schools in Africa. Digital Aid Inc. is a 501(c)(3) organization. Call for details at 515-770-5865 or e-mail us – DigitalAidInc@yahoo.com. (TF) SULLIVAN & WARD, PC MEDIATION & ARBITRATION GROUP Larry McLellan Board Certified Mediator by the American Academy of ADR Attorneys Robert M. Holliday Member of the American Academy of ADR Attorneys Harlan (Bud) Hockenberg Lawrence F. Scalise Conducting Mediations & Arbitration in the following areas: • Attorney Fee Disputes • Business and Corporate • Construction • Employment • Environmental • Family Law • Government Contracts • Insurance Coverage Claims • Personal Injury • Probate • Toxic Torts (Asbestos) • Wrongful Death (515) 244-3500 801 Grand Avenue, Suite 3500 Des Moines, IA 50309 www.sullivan-ward.com THE IOWA LAWYER April 2004 35 CLASSIFIED ADS Miscellaneous NOTICE CRIME VICTIM COMPENSATION SUBROGATION. Do you represent a client who has received medical benefits, lost wages, loss of support, counseling or funeral and burial assistance from the Crime Victim Compensation Program of the attorney general’s office? When your client applied for compensation benefits, a subrogation agreement was signed pursuant to Iowa Code section 912.12 (1995). The attorney who is suing on behalf of a crime victim should give notice to the Crime Victim Compensation Program upon filing a claim on behalf of the recipient. The Crime Victim Compensation Program will pay a prorated share of the expenses incurred in obtaining a judgment or verdict. Questions? Contact Julie Swanston, MPA Compensation Administrator, Crime Victim Assistance (SE) Division, 515-281-5044. NOTICE TO ATTORNEYS: Estate Recovery Program. Iowa Code section 249A.5(2)f(2) provides that medical assistance recipients, age 55 and older, shall reimburse the state for Title XIX benefits received. Title XIX funds the Medicaid, Medically Needy, and Elderly Waiver programs. A medical assistance claim for reimbursement is a priority claim, Iowa Code section 633.425. Iowa Code section 249A.5(2)f(2) provides that the personal representative or executor of the estate of the recipient may be personally liable for the claim to the extent of the recipients assets at the time of death, if such assets were not used to pay the medical assistance debt. For further information contact: Ben Chatman; Estate Recovery Program; 1011 Locust, Ste 200, Des Moines, IA 50309; telephone 515-246-9841; fax 515-246-0155; 888-513-5186; http://www.iowa-estates.com E-Mail: estates@sumogroup.com (SE) Mailing Addresses The ISBA on occasion makes its list of members and mailing addresses available to carefully screened companies and organizations, which helps contribute non-dues dollars to the association. If you prefer to not receive mailings other than those of the bar association, please write or e-mail Beth Schmitz at bschmitz@iowabar.org E-mail Addresses The e-mail addresses of bar members are only used for mailings by the ISBA. They are not sold or rented to anyone outside the association. If you do not wish to receive e-mailings from the ISBA, please e-mail Beth Schmitz at bschmitz@iowabar.org One company NOTICE – MEDICAID LIEN: The Iowa Department of Human Services has a lien against the recovery recipients obtained from third party tort feasors pursuant to Iowa Code 249A.6. Questions? Call CONSULTEC, INC., Rocco Russo, 1-515-327-0950 ext. 1114. (SE) Vacation Rental Watch the sunset over the Gulf of Mexico. Take advantage of a quiet island with fantastic shelling. Two bedroom, two bathroom condos at Boca Grande, Florida. Please call Yale Kramer at 515-281-9237 for owner’s (SE) discount. $630 per week and up. Experts EXPERT WITNESS – CONSULTANT CONSTRUCTION CONSULTING & INSPECTIONS, LTD. • Construction and facilities investigations: defects, materials, scope claims • Personal injury • Extensive experience with association properties and stucco claims • Work primarily midwest, but some nationwide JOHN G. RUSSO, Ph.D. (SE) Phone: 925-944-7137 makes advertising your business easy a al Dire Leg c Si n Legal Directories Publishing Company 9111 Garland Road 36 THE IOWA LAWYER April 2004 ry to Iow One company enables you to list your business in the Iowa Legal Directory, the Official Directory of the Iowa State Bar Association, and on the world wide web at www.legaldirectories.com. Solutions to meet today’s needs and tomorrows challenges. In an increasingly competitive world, one company is leading the way. Legal Directories Publishing Company. ce 1935 Dallas, TX 75218 800-447-5375 fax 214-320-4869 www.legaldirectories.com CLASSIFIED ADS Architecture and Construction Expert Witness – Architect, and Contractor, 34 years experience. Available to assist plaintiff or defense attorneys. Specializing in: • Building Codes Uniform Building Codes (UBC, UMC, UPC, UEC, UFC) --- Americans with Disabilities Act (ADA) --- OSHA --International Building Code (IBC) --- Life Safety Code (NFPA 101) --- Council of American Building Officials(CABO) • Industry Standards American Institute of Architects (AIA) --Associated General Contractors (AGC) --National Fire Protection Association (NFPA) --- American National Standards Institute (ANSI) --- American Society of Testing Materials (ASTM) --- Underwriters Laboratories (UL Standards) --- American Society of Refrigeration Engineers Association (ASREA) • Usual and Customary practices Safety --- Owner – Contractor relations Undocumented agreements / Change orders / Cost overruns Workmanlike craftsmanship --Construction methods Licenses, Affiliations and Memberships: Architectural Licenses: Iowa, Nevada, Indiana --- National Council of Architectural Registration Boards (NCARB) --- International Conference of Building Officials (ICBO) --- Iowa Association of Building Officials (IABO) --National Safety Council (NSC) --Iowa/Illinois Safety Council (IILSC) --National Fire Protection Association (NFPA) John G. Kujac, NCARB • 515-795-4001 (SE) Iowa Lawyers Assistance Program 800-243-1533 If you or any lawyer you know has a stress, alcohol or substance abuse problem, we can help. We are a non-profit corporation offering free assistance to lawyers on a totally confidential basis. The personnel, phone and office are all completely separate from the bar association. The director of the program is trained to help. All communications with the director are confidential under federal law. We can’t help unless you call. We are also available to provide speakers for our local bar association events to talk about lawyers and stress, alcohol and substance abuse. Personal IF DEPRESSION, STRESS, ALCOHOL OR DRUGS are a problem for you, we can help. We are a non-profit corporation offering attorneys free help in a totally confidential relationship. We are the Iowa Lawyers Assistance Program and totally separate from the state bar association. Under order of the Iowa Supreme Court, all communication with us is privileged and private. Our director is a former lawyer, a recovering alcoholic and drug addict. He is a trained substance abuse counselor and an Employee Assistance Professional (EAP). We cannot help unless you call – 515-277-3817 or 800-243-1533 – or message (in confidence) iowalawyers@aol.com All you have to do is ask us to contact you. No other details are necessary. We will call you. The Iowa Lawyers Assistance Program can provide speakers for (TF) local bar associations. Just ask. THE IOWA LAWYER April 2004 37 It’s A Whole New Ball Game! 12th Bench-Bar Conference Program Agenda May 20, 21 & 22, 2004 Hit a Home Run by attending this year’s conference! Join us at The Inn at Okoboji. Thursday, May 20 2:30 Registration Opens 3:30 Warm Up 3:45 Lead-off Hitters 4:00 Dealing With Curve Balls 4:30-5:30 Pop Flies for Bench-Bar Fielders Pro-Se Hazards on the Bench, David Sivright Pro-Se Quandaries for the Bar, Phil Willson Out-of-Bounds Attorneys, Ross Walters A-Maze-in Criminal Court, Ann Brenden Mediating Solutions, Randy DeGeest 6:00-8:00 Pre-Game Rally at The Lake Arts Center (Reception hosted by the Court of Appeals) Van Zimmer, Emcee Steve Clarke, Iowa Judges Association President Kevin Collins, Iowa State Bar Association President Chief Justice Louis Lavorato Friday, May 21 You Won’t Believe What You Can Find on the Internet! Jerry Spaeth & Co. 8:30 9:00 (1.5 Ethics) Is Everybody Reading the Same Rule Book? Panel Discussion: The Challenges of Pro Se Litigants Pat Grady, Mark Godwin, Nancy Whittenburg, Tim McKay, and Dan Bray 10:30 7th Inning Stretch 10:45 Bullpen (Small Group Discussions) 12:00 Luncheon and program: The Vanishing Jury Trial, Bob Pratt 1:30 Social Activities (Golf, Tennis, Painting, Biking, Running, etc.) 7:30 Training Table at The Inn (Hosted by Supreme Court & Chief Judges) 8:30 Cy Young Awards (Night cap and prizes) Saturday, May 22 38 THE IOWA LAWYER April 2004 8:30 Team Work (Panel Discussion) Susan Ledray, Marion Beatty, Marti Mertz, & Kurt Swaim 10:00 7th Inning Stretch 10:15 Bullpen (Small Group Discussions) 11:45 Closing: There’s Always Another Season… 12:00 Adjourn Continuing Legal Education Seminar Location The Inn at Okoboji 3301 Lakeshore Drive, Okoboji, Iowa 800-831-5092 www.theinnatokoboji.com Application has been made and approval is pending for 8.5 State CLE including 1.5 hours Ethics ------------------------------------------------------------------------------------- Lawyer’s Registration Form* Bench Bar Conference May 20-22, 2004 *Lawyers, please use this registration form for the Bench Bar Conference. Judges will receive their registration form in the mail. You can also register on the ISBA website at www.iowabar.org. Name : _______________________________________________________ Me mber # ____________________ Address: ____________________________________________________________________________________ Registration Fee: $190.00 per person Registration fee includes: Thursday evening social, Friday morning continental breakfast, Friday lunch, Friday dinner, and Saturday morning continental breakfast. Does not include hotel rooms. Hotel Accommodations: You need to make your own hotel reservations. Call The Inn Resort complex at 800-831-5092. Be sure to ask for the ISBA special rates. $85 single or $90 double accommodations. Lakefront rooms $105/poolside rooms $115. Recreational & Other Activities: (Please check if interested in any of the following activities—this helps us with planning.) Friday Golf (Team assignments & payment at conference.) Check if interested in playing golf Thursday morning and/or Saturday afternoon. Golf committee will contact you prior to the conference to confirm details for: Thursday Saturday Tennis (Payment & assignments at conference.) Bridge Tournament Watercolor/Painting workshop (There will be a charge for materials with payment at conference.) Fun Walk Fun Run Sailing and Power Boating Bench Bar Bikers (There will be bike rentals available) Check if interested in bike rental _____ Other Ideas or Activities you would like to see organized: _______________________________ Registration Instructions & Method of Payment: Check enclosed MasterCard Visa Credit Card #:_________________________ Exp. Date: ______ Registration Deadline: Cancellations: Attendance: TOTAL DUE: $________ Cardholder Signature: _________________________________ May 7, 2004 No cancellations will be accepted nor refunds made after May 7, 2004. This conference is for ISBA members and Judges only. Dress is casual. Return Registration form by 5/7/04 to: ISBA CLE, 521 E. Locust St., Fl. 3rd, Des Moines, IA 50309-1939 or register online at www.iowabar.org For questions call: (515) 243-3179 or fax (515) 243-2511. THE IOWA LAWYER April 2004 39 ISBA Two Person Best Shot State Championship Sponsored by the General Practice Section Monday, July 12, 2004 Tournament Club of Iowa, Polk City, Iowa Schedule of Events Seminar (1 hour ethics CLE) Lunch Golf Cash Bar, Snacks and Awards 10:30 – 11:30 A.M. 11:30 – 12:30 P.M. 12:30 P.M. Shotgun Immediately following golf Entry fee: $130 per player includes seminar, lunch, green fees, cart rental, driving range, prizes and trophies. Please Note: Entry Deadline is June 25th No refunds after the entry deadline Special Prize to be awarded: Free foursome round with carts For more information on the golf course visit their website at www.tcofiowa.com. This is an Arnold Palmer Signature Course and future home of the Allianz Tournament/Champions Tour. Register online at www.iowabar.org. Registration Form: Two Person Best Shot/CLE 7/12/04 Name: ___________________________________________ Member # _________ Phone: __________________ Address: __________________________________________________ E-mail: _________________________ City/State/Zip: _______________________________________________ Please indicate your average 18 hole score: _____ My golf partner is: ______________________________________________ or _________ pair me with someone Please check one of the choices below to aid in planning, the entry fee of $130 is the same regardless of your choice: ____ I will attend the 1 hour seminar, sack lunch and play golf ____ I will eat sack lunch and play golf ____ I will play golf only Payment Method: Check VISA Credit Card # _________________________________ MasterCard (VISA or MasterCard only) Exp. Date ___________ Signature _______________________________ Your entry fee & registration must be received no later than June 25, 2004. No refunds after the entry deadline. Send check and registration to: ISBA, 521 East Locust, Floor 3, Des Moines, IA 50309-1939 (515-243-3179)