responds to Supreme Court request for public comment on diploma privilege
an order issued last week (May 13), the Iowa Supreme Court sought public
comment on the ISBA Blue Ribbon Committee’s recommendations to allow diploma
privilege for qualified candidates of Iowa’s two law schools, and to replace
the current bar exam with the Uniform Bar Exam used in a number of states. The
release prompted media requests for comments from the association.
Kieffer interviewed ISBA President Guy Cook alongside State Representative and
Boone-based attorney Chip Baltimore on the hour-long River to River program (click here) on Iowa Public Radio yesterday, May 20. Also included in the program
was Jim Morrison, a circuit judge in Wisconsin, Meg Gaines, Associate Dean of
the University of Wisconsin Law School, and a recent University of Iowa Law
School graduate, Natalie Virden.
other media outlets such as The Gazette, The Daily Iowan and Business Record also addressed the
Supreme Court’s request for comments, and included statements from Cook and the
ISBA’s original report.
Iowa Judicial Branch is accepting public comments by email and offers additional
on its website. Any
interested organization, agency, or person may submit comments by email to firstname.lastname@example.org and must state
"Bar Admission Process" in the subject line of the email. The
comments must be sent as an attachment to the email in Microsoft Word format.
Comments also may be delivered in person or mailed to the Clerk of the Supreme
Court, Judicial Branch Building, 1111 East Court Avenue, Des Moines, Iowa,
comments received may be posted on the Iowa Judicial Branch website. The
deadline for submitting comments is 4:30 p.m. on July 14. The public hearing is
scheduled for August 27 in the Iowa Supreme Court courtroom. The court will
determine presenters at a later date.
Appellate Court judge to speak at annual meeting
This year’s annual meeting will
feature a number of presenters. The ISBA will host Ann B. Jorgensen, Illinois
Appellate Court judge for the second district, June 18 at the Community Choice
Credit Union Convention Center, formerly known as Veterans
In a presentation on the state of
the future of the law profession, Judge Jorgensen will discuss how law school
debt affects the delivery of legal services including lack of public service
careers, migration from rural to urban areas of the state, the state of the job
market for new graduates and the impact of debt on new grads. Additionally, she
will discuss possible solutions for the issues.
Judge Jorgensen was appointed as
an associate judge for the 18th Judicial Circuit in 1989. She was assigned to
the law division and thereafter appointed supervising judge of the Mandatory
Arbitration Program. In 1994, Judge Jorgensen was elected circuit judge and
subsequently retained in 2000 and 2006. As a circuit judge, she served as the
presiding judge of the Felony Division and the DuPage County Drug Court. In
2005, her fellow circuit judges elected her as Chief Judge of the 18th Judicial
Circuit, where she served until her appointment to the Appellate Court in 2008.
To sign up to hear Judge
Jorgensen and many of the other featured speakers, members
can register for the 2014 Annual Meeting online or by printing and mailing a paper registration form.
How to stay connected in an electronic
world dominates Bench-Bar conference
130 lawyers and judges descended on Dubuque’s historic Hotel Julien last week
for the 2014 biannual Bench-Bar conference to discuss how to stay connected in
a digital world.
topic is particularly important as implementation of the electronic document
management service (EDMS) becomes more prevalent around the state. Several
attendees expressed concerns that they rarely have face-to-face contact with
judges anymore because everything is filed electronically.
one of the small group discussions following a plenary presentation on what
paperless and faceless filing, CLE and messaging mean for the legal system, participants
had several suggestions for maintaining personal contact with judges and other
regular order hours in the courthouse
increased emphasis on membership in Inns of Court
a "Bench-Bar Light” – maybe a half day during annual meeting -- in the years in
between the regular biannual Bench-Bar conferences
a periodic memorial service honoring judges and attorneys who have died.
Dubuque County holds a memorial service at 4 p.m. on a Friday once a month,
attended by many of the judges and attorneys in the area.
a periodic lunch-and-learn session. In Scott County, judges provide the
instruction; attendees bring their own sack lunches.
detailed information about the 2014 Bench-Bar Conference can be found in the
May Iowa Lawyer magazine. In the meantime, click here to see a few photos from the event.
Part-time work less appealing to
lawyers than other professions
report by the National Association for Law Placement, Inc. (NALP) shows that lawyers
are half as likely to work part-time than other professionals such as
architects, doctors and engineers. The percentage, according to the Bureau of
Labor Statistics, was about 6.1 percent for lawyers compared with 13.1 percent
for other professionals in 2012.
might be expected, the percentages of lawyers working part-time vary based on
gender, the type of lawyer and geographic location. For example, in law firms,
the percentage of partners who work part-time is 3.4 percent, with men
accounting for 1.3 percent of the part-time workers and women 2.1 percent. At
the associate level, a total of 4.7 percent of lawyers work part-time with the
breakout being .4 percent men and 4.3 percent women.
utilization of part-time schedules for all
lawyers has dropped now for three years in a row, and it has dropped for both
partners and associates,” notes James Leipold, NALP's Executive Director. "Given
the direction the data is heading, I feel confident calling this a
post-recessionary trend at this point.”
is an association of more than 2,500 legal career professionals who advise law
students, lawyers, law offices, and law schools in North America and beyond. It
has compiled information on part-time employment since 1994.
we don't know from the data we have is anything about causation,” Leipold says. "We can identify the trend, but we
cannot say why it is happening. It may be that in this economic climate there
is a perceived pressure to not utilize the part-time
option. There may also be economic concerns for families that are driving more
lawyers to choose to work full-time.”
the full NALP report, which includes a
breakout of statistics based on size of law firm, location and other factors.
LegalZoom hits a legal hurdle in North Carolina
LegalZoom appears to have hit a roadblock, or
at least a bump in the road, in North Carolina.
According to a report in the ABA Journal’s
Law News Now, Judge James L. Gale, a Special Superior Court Judge for Complex
Business Cases in North Carolina, issued an order and opinion on March 24
concerning various motions in a suit involving claims and counterclaims between
LegalZoom and the North Carolina State Bar. The bar association argues that the
company engages in the unauthorized practice of law and also failed to meet
filing requirements in seeking approval to run a prepaid legal services plan in
Gale ruled that the company had not exhausted
administrative remedies for the prepaid legal services plan and said the UPL
issue is so complex he wants to know more before deciding.
Read more here.
Date: 6th annual World Congress
International ADR Society is hosting the 6th Annual World Congress
at the Drake University Law School Legal Clinic in Des Moines Oct. 17-18. The
conference, moderated by Ali Nouraei, an English Barrister from London,
England, is featuring Mediation: A Golden Opportunity for Americans to Share
Peacemaking Around the Globe.
conference will include a variety of mediation topics from speakers from around
the world. Dubai, Lebanon, France, India, and Ukraine are just a few of the
countries represented. Both national and local speakers will also present at
INADR has applied for 15 hours of CLE.
more information about the World Congress, people can visit the INADR webpage
or contact Susan Ewing at 515-283-0331 or email@example.com.
The Iowa Lawyer Weekly is an electronic newsletter published
every Wednesday. Please submit comments, letters to the editor, articles, or
photos, to firstname.lastname@example.org.
Contact information should be included with submissions. The ISBA reserves the
right to refuse any submission, but will take all submissions into
consideration for future publication.
Did You Know...
an ISBA member, you can securely deliver and access confidential
correspondence, discovery documents and other case files faster and without
size limits through ShareFile at a discounted rate? A limited number of
ShareFile accounts are available to members for $5 a month, and you receive a
20-percent discount on any regular-priced ShareFile plan.
Click here for more information on ShareFile and how to
take advantage of the service.
Benefit of the Week
Update is a free email service that keeps you abreast of recent cases
that have been added to the Iowa Bar’s case law archives. Once you are
subscribed, you will receive an email each time decisions are handed
down by the Iowa Supreme Court and Court of Appeals. Each edition
summarizes recent cases by topic and provides direct links to the full
text of each decision.
Subscribe to Caselaw Update here.
Iowa Supreme Court Decisions
May 16, 2014
RICK BERTRAND vs. RICK MULLIN and THE IOWA
from the Iowa District Court for Woodbury County, Jeffrey L. Poulson, Judge.
Appeal and cross-appeal from a judgment entered by the district court on a
claim for defamation of character.
JUDGMENT OF THE DISTRICT COURT REVERSED; CASE DISMISSED.
On review from the Iowa Court of Appeals. Appeal
from the Iowa District Court for O’Brien County, Charles K. Borth, Judge. The
State seeks further review of a court of appeals decision reversing a district
court’s denial of a motion to suppress evidence of Breathalyzer-test results. DECISION OF COURT OF APPEALS AFFIRMED;
JUDGMENT OF DISTRICT COURT REVERSED AND CASE REMANDED.
STATE OF IOWA vs. TONY GENE LUKINS