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12/1/2014
Juvenile Law Training (Live Webinar)

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2014 Bloethe Tax School

12/10/2014
It’s Your Burden: Top Ten Tips for DOT Administrative Hearings (Telephone CLE)

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2014 Federal Practice Seminar

12/16/2014
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Iowa Lawyer Weekly (01/08/2014)
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January 8, 2014
Past Issues



Comment deadline extended on discovery, expedited civil action rules; comments requested on two proposed new amendments

The Iowa Supreme Court yesterday and today issued orders requesting comments on proposed amendments to the student practice provisions in Chapter 31 of the Iowa Court Rules, and proposed amendments to the continuing legal education provisions in Division III of the court rules. In late December, the court issued an order extending the deadline until March 17 for comment on the proposed amendments to Iowa discovery rules and a proposed expedited civil action rule.

The general purpose of the student practice provisions amendment is to make it possible for law students and law graduates waiting to take the bar exam or waiting for exam results to help provide legal services to low-income Iowans. Read the full order here.

The order requesting comment on changes to the CLE provisions relates to the distance education provisions of the CLE rules. The proposal would adopt new defined terms for "moderated” and "unmoderated” CLE activities. Read that full order here.

The deadline for submitting comments on either of these proposed amendments is 4:30 p.m., March 10. Details on the format for submitting comments are at the end of each order.


Forums on new ISBA website to replace listserves

Starting soon, you will have a new and enhanced way of communicating with other members in the ISBA sections to which you belong. Members of ISBA committees will also be able to use forums to discuss committee business.

The new "forums” operate in much the same way as the current listserves, only with more bells and whistles. They will replace the existing listserves later this month.

Having the ability to use forums is a big step forward and an improvement over the existing listserves,” says ISBA President Guy Cook.

Among the enhanced features of the forums are the ability to search the archives for postings by subject, the ability to choose how you want to receive notifications when someone posts a new message and the ability to see who are the top posters. In general, forums, which are made possible with the new ISBA website, give you more control over how and what you want to see in your communications with fellow attorneys.

Assistance on using forums can be found through the Help Desk on the ISBA’s website. While on the homepage (www.iowabar.org), click on "Help Desk,” then on "Forum Help.” The instructions will walk you through the process of accessing forums, posting a topic, responding to someone else’s post, setting up how you want to be notified when someone posts a message, and searching for topics.


Video, presentation series on human trafficking

Des Moines Plymouth Congregational Church is presenting a documentary video and a three-part series of presentations on human trafficking later this month and next.

January is Human Trafficking Awareness Month. Attorneys through their work may come into contact with victims without even knowing it, according to the organizers. All attorneys need to be aware of what is said to be the greatest human rights challenge of modern times happening in Iowa and globally.

The 92-minute documentary entitled "Nefarious: Merchant of Souls” will be shown at 7 p.m. on Thursday (Jan. 23) at the Fleur Cinema and Café, 4545 Fleur Drive in south Des Moines. It is being sponsored by the church’s Human Trafficking Task Force. A free-will offering will be taken.

The three-part series, sponsored by the church’s Board of Christian Social Action, will be presented in the church’s Waveland Hall located at 42nd Street and Ingersoll Avenue beginning at 6:30 p.m. on Monday (Jan. 27). The public is invited to attend. Specific dates and titles for the presentations are:

· Monday (Jan. 27) Human Trafficking in Iowa: A Panel Discussion (Mike Ferjak, Maggie Tinsman, Dawn Taylor, Sonia Parras)

· Tuesday (Feb. 4) First Hand Survivor Accounts

· Monday (Feb. 24) Global Human Trafficking


Beware of yet another scam targeting attorneys

Attorney and ISBA member Roxann Ryan recently posted a notice on the Family Law listserve about another apparent scam targeting attorneys. Her post, with links to the suspected scam material removed, is reprinted here for anyone who may not have seen it.

If you have already received, or receive in the future, an email containing these links, do not click on them. Report the message, as she suggests, to the FBI and National White Collar Crime Center at the active link below.

"This appears to be spam: http://blog.maysoft.org/blog.nsf/d6plinks/FPAO-9EXSX8

This fits with previous patterns. Orrick.com is the site for an international law firm in San Francisco, which adds some apparent legitimacy to the email, and increases the likelihood that the recipient will open the zip file (which usually is what contains the malware).

If it is not a legitimate communication, it means that the firm's site has either been hacked or spoofed. Either way, it would be best to report it to the Internet Computer Crime site, operated jointly by the FBI and National White Collar Crime Center: http://www.ic3.gov/default.aspx Even if they are not able to track down the hacker/spoofer, it is helpful for them to see the patterns in internet misconduct, so that they can help people to develop better protections against the various intrusion attempts, and make notifications to frequent targets when various scams reappear.

Lawyers have been the targets of a number of scams, and ISBA has been very good about making notification to lawyers to reduce the chances of victimization (one of the many benefits of membership).”


Use caution when accessing websites from a public wi-fi network

How-to Geek.com recently posted an article about the dangers of using a public wi-fi network to access websites, such as your bank’s, that contain sensitive information.

The article discusses some of the problems – snooping, compromised devices and malicious hotspots -- that can occur when using a public site, and offers suggested protections for each.

Read more on the How-to Geek website.


The Federal District Court for Northern District of Iowa seeking judicial assistant

Jan. 23 is the deadline for applying for the judicial assistant position at the Federal District Court for the Northern District of Iowa. The position is located in Cedar Rapids.

A full description of the position, including the qualifications required, the salary range and the benefits can be found on the court’s website.


Judge Pille retirement celebration

A retirement celebration commemorating Judge Glenn E. Pille’s 30 years on the district court bench will take place this Friday (Jan. 10) at 2:30 p.m. in Room 308 at the Polk County Courthouse. Everyone is invited to attend.

A short program will be held around 2:30, but people are welcome to come anytime between 2:30 and 4:30 p.m.

Judge Pille started his working career as a high school history teacher and coach after graduating from Loras College in Dubuque. After graduating from Drake University Law School, he practiced law for a time before being appointed as a juvenile referee, a position he held for about seven years until being appointed to the district court bench.

 

 

 


Did You Know...

as a member of The Iowa State Bar Association, you have access to at least a dozen practice tools to assist you with your practice? Simply click on "Practice Tools” on the home page of the ISBA website (www.iowabar.org), then select the tool you want to use.


Benefit of the Week

2013 Probate & Trust Law Manual

A new edition of the Probate & Trust Law Manual is now available to ISBA members at a discounted member price.

The new probate manual includes:
• Information List
• Checklist of Important Dates
• Checklist of Important Dates (Estates)
• Probate Manual Forms (PMF) (Estates)
• Probate Manual Forms (CSTF) (Trusts)
• Probate Manual Forms (GCF) (Guardianships and Conservatorships)
• Asset and Debt List
• Estate Procedures Checklist
• Checklist for Probate without Present Administration
• Probate Manual Letters (PML)
• Internet Links


The manuals will not be available until the beginning of 2014. To pre-order your copy, please click here. Members, please make sure to sign in to get the reduced member rate.


Iowa Supreme Court Decisions

December 20, 2013

No. 12-0222
WILLIAM L. BURKHALTER vs. STEVEN P. BURKHALTER

Appeal from the Iowa District Court for Linn County, James H. Carter, Senior Judge.

The plaintiff in an action to contest a modification to the terms of a revocable trust appeals. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED.

No. 12-0338
IOWA MORTGAGE CENTER, L.L.C. vs. LANA BACCAM and PHOUTHONE SYLAVONG

Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.

A lender seeks further review of a court of appeals opinion affirming a judgment entered in favor of the borrowers. DECISION OF COURT OF APPEALS AFFIRMED IN PART AND VACATED IN PART; DISTRICT COURT JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED.

No. 13-1230
IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. KENNETH F. DOLEZAL

On review from the report of the Grievance Commission of the Supreme Court of Iowa.

Grievance commission recommends revocation of attorney’s law license for ethical violations. LICENSE SUSPENDED.

No. 13-1331
IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. DAVID ALAN LEMANSKI

On review of the report of the Grievance Commission of the Supreme Court of Iowa.

Grievance commission reports that respondent committed ethical misconduct and recommends a suspension. LICENSE SUSPENDED.

December 27, 2013

No. 12-1817
ST. MALACHY ROMAN CATHOLIC CONGREGATION OF GENESEO, ILLINOIS; STEVE BRISTOL; CONNI BRISTOL; and KEWANEE AREA UNITED WAY vs. DONNA K. INGRAM, as Executor of the ESTATE OF JAMES INGRAM, and ROBERT W. BAIRD & CO., INC.

Appeal from the Iowa District Court for Scott County, Thomas G. Reidel, Judge.

Alleged beneficiaries of a decedent’s estate plan appeal from a district court order granting summary judgment to the estate of the decedent’s financial advisor and the firm employing that advisor. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

January 3, 2014

No. 11-2087
STATE OF IOWA vs. DAVID LEE MILLER

Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown, Judge.

Appellant appeals from judgment and sentence imposed following a conviction for escape in violation of Iowa Code section 719.4(1). DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT REVERSED AND CASE REMANDED FOR A NEW TRIAL.

No. 13-1271
IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. DAVID L. STRAND

On review of the report of the Grievance Commission of the Supreme Court of Iowa.

Grievance commission reports respondent committed ethical violations and recommends his license be revoked. LICENSE REVOKED.

 

 

 


 

 





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