Comment deadline extended on discovery,
expedited civil action rules; comments requested on two proposed new amendments
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.
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.
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
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
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.
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
Having the ability to use forums is a big step
forward and an improvement over the existing listserves,” says ISBA President
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
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
Moines Plymouth Congregational Church is presenting a documentary video and a
three-part series of presentations on human trafficking later this month and
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.
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.
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
(Jan. 27) Human Trafficking in Iowa:
A Panel Discussion (Mike Ferjak,
Maggie Tinsman, Dawn Taylor, Sonia Parras)
(Feb. 4) First Hand Survivor Accounts
(Feb. 24) Global Human Trafficking
Beware of yet another scam targeting
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.
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
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
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
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
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.
more on the How-to
The Federal District Court for
Northern District of Iowa seeking judicial assistant
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.
full description of the position, including the qualifications required, the
salary range and the benefits can be found on the court’s
Judge Pille retirement celebration
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.
short program will be held around 2:30, but people are welcome to come anytime
between 2:30 and 4:30 p.m.
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...
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
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 DecisionsDecember 20, 2013
L. BURKHALTER vs. STEVEN P. BURKHALTER
from the Iowa District Court for Linn County, James H. Carter, Senior Judge.
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
MORTGAGE CENTER, L.L.C. vs. LANA BACCAM and PHOUTHONE SYLAVONG
Appeal from the Iowa District Court for Polk
County, Robert J. Blink, Judge.
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.
SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. KENNETH F. DOLEZAL
review from the report of the Grievance Commission of the Supreme Court of
commission recommends revocation of attorney’s law license for ethical
violations. LICENSE SUSPENDED.
SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. DAVID ALAN LEMANSKI
On review of the report of the Grievance
Commission of the Supreme Court of Iowa.
commission reports that respondent committed ethical misconduct and recommends
a suspension. LICENSE SUSPENDED.
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.
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
January 3, 2014
OF IOWA vs. DAVID LEE MILLER
Appeal from the Iowa District Court for Des
Moines County, Mary Ann Brown, Judge.
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.
SUPREME COURT ATTORNEY DISCIPLINARY BOARD vs. DAVID L. STRAND
On review of the report of the Grievance
Commission of the Supreme Court of Iowa.
commission reports respondent committed ethical violations and recommends his
license be revoked. LICENSE REVOKED.