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    April 19, 2017
Past Issues  



New Dept. of Revenue publication outlines tax implications of divorce

The Iowa Department of Revenue has published a new guide on its website that tax and family law attorneys may find useful to share with clients. Entitled “The Tax Implications of Divorce,” it covers such topics as confidentiality, joint returns, property tax issues, inheritance tax and common law marriage.

You can view the publication online here. The Iowa Department of Revenue also has other helpful publications on a vast array of tax issues on its website.


Iowa legislative session nearing end

Lawmakers anticipate wrapping up the 2017 legislative session by the end of this week, once they finalize the state budget for fiscal year 2018.

You can view the latest ISBA Affirmative Legislative Agenda chart, which indicates the most recent developments on the bills approved by the Board of Governors this year. You can also view the latest ISBA weekly Legislative Report, which indicates all action related to any bill that the ISBA registered on this session.

To read about the medical malpractice bill that passed the Iowa Senate this week and now heads to Governor Branstad to sign, please read this article.

You can expect a full article recapping the session in the upcoming May issue of The Iowa Lawyer magazine.


Panel discussion will tackle unprofessional conduct toward female attorneys

The ISBA and the Polk County Women Attorneys are teaming up for a panel discussion tackling the topic of unprofessional conduct toward female attorneys, from the perspective of both the bench and bar. The panel, held this Friday, April 21, from 8:30-11:30 a.m., will present strategies for addressing and preventing such conduct and will discuss how both standards and practices have changed over the past few decades.

Attendees are invited to attend at one of the five U.S. District Courthouses where the program will be broadcast using the court’s video-conferencing technology. The seminar offers 3 state hours which includes 3 hours of ethics and 2.5 federal credit. Please select your preferred site when registering for this event.

For more information on speakers, locations, registration fees, CLE credit and materials, please visit the event page.


Volunteer attorneys needed for virtual pro bono legal clinic

Looking for the opportunity to provide short-term, pro bono legal service from anywhere at your convenience? IA Free Legal Answers is part of a nationwide, ABA pro bono initiative called ABA Free Legal Answers. Since August 2016, over 2,200 attorneys in the 30 participating states have registered to respond to questions. Last month, the ISBA Governors approved the launch of IA Free Legal Answers via the ISBA’s Find-A-Lawyer website. 

IA Free Legal Answers is designed like a virtual walk-in legal clinic where qualified clients post questions to the secure website. Then, volunteer attorneys log in to the site, preview questions and select questions to answer. After questions are answered, clients receive an email telling them to log back in to see their answers.

Prior to launching this service, volunteer attorneys are needed to sign-up to answer questions in family law, housing, consumer debt, work issues, public benefits, probate and guardianship. Experienced practitioners with substantive knowledge in their practice area(s) are highly desirable volunteers for this opportunity.

Attorneys who want to volunteer:
• Remain anonymous to clients (with limited exceptions)
• Are covered by the ABA's malpractice insurance
• Perform limited scope representation (just within the website)
• Commit to about one hour a month, which provides legal help for two to five people
• Spend 10-25 minutes to answer one question based on reports from volunteer attorneys
• Count volunteer hours as pro bono publico service pursuant to Iowa Supreme Court Rule 32: 6.1.

For more information about this service or to see how it works, watch this 14 minute video. If you are interested in signing up to help, please send an email to Attorney-IA-FLA@iowabar.org.


 


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Spring Tax Institute covers wide range of topics

The 63rd Annual Spring Tax Institute, co-sponsored by the University of Iowa College of Law CLE Programs and the Taxation Section of The Iowa State Bar Association, is set for April 28 at the University Club in Iowa City. 

The keynote speaker this year is Ann Cammack, who is a Principal and Senior Tax Advisor at Ernst & Young LLP’s National Tax Department in Washington, D.C., where she focuses on the taxation of insurance companies and insurance products. Other topics that will be covered include criminal tax, farm issues, a legislative update, valuation topics and lessons from celebrity-estate planning gone wrong. The program is pending approval for CLE credits (6.5 hours, including 0.75 ethics).

More information can be found on the ISBA seminar webpage, including registration details and full program schedule. Hotel rooms at the Iowa House (see registration link above) are available for reservation for Spring Tax Institute attendees.


Drake, Iowa to compete for bragging rights in 13th Annual Dean’s Cup

The 13th Annual Dean’s Cup challenge pitting Drake University Law School alumni and students against graduates and students from the University of Iowa College of Law will tee up Monday, May 15, at Finkbine Golf Course in Iowa City. Funds raised from the event will be given to Iowa Legal Aid to support its work with indigent Iowans, which numbered nearly 38,000 in 2016.

The event includes two formats – match play, which begins at 8:30 a.m., and best shot starting at 11:30 a.m. It also includes a silent auction.

Last year, more than 110 lawyers and judges from around the state participated in the annual challenge, which was won by the Drake team under the leadership of its captain Chief Justice Mark Cady. Lawyers who are not graduates of either school may participate by declaring temporary allegiance to one of the two schools at the time of registration.

Registration details, as well as information about sponsoring a hole or making other contributions to the event, can be found at this link. Questions about the event should be directed to Jeff Courter (Iowa) or Greg Kenyon or Jeff Boehlert (Drake). Contact information for Courter is jwc@nyemaster.com, or 515-283-8048. Contact Kenyon at kenyon.gregory@bradshawlaw.com, or 515-246-5829, and Boehlert at jboehlert@pattersonfirm.com, or 515-283-2147.


Make your voice heard on civil legal aid funding

All ISBA members are encouraged to show their support for full funding for the Legal Services Corporation by signing this online petition that will be presented to Iowa lawmakers in Washington, D.C.

ISBA President Skip Kenyon is leading a small ISBA delegation to Washington, D.C. on April 26 to speak with Iowa’s two Senators and Congressmen, urging, among other matters, adequate funding for Legal Services Corp.

In President Donald Trump's federal budget, he proposed cutting $366 million in annual funding for the LSC, which provides civil legal aid to people who desperately need help to navigate the legal process. Iowa Legal Aid receives approximately $2.5 million annually from LSC and is able to help more than 16,000 Iowa families.

Please share this online petition with colleagues in your office or on your social media pages in an effort to get as many signatures as possible before the D.C. trip.


Final day to register for Access to Justice event

On Friday, April 21, the University of Iowa College of Law is hosting a summit on Access to Justice in Iowa. To register, please complete this online form by the end of the day today, April 19.

This event seeks to bring together pre-law students and advisors, law students, lawyers and judges to learn more about the justice gap, engage with each other to explore possible responses and introduce the work of the Iowa Supreme Court's Access to Justice Commission.

The session is free and will take place from noon to 3 p.m. on April 21 at Boyd Law Building in Iowa City. For additional details and the agenda, please visit the event website.


SUPREME COURT OPINIONS

No. 14-1239
STATE OF IOWA vs. JAMES ALON SHORTER
The State seeks further review after the court of appeals reversed the defendant’s conviction based on one of three alternative theories of guilt lacking substantial evidence.
WRIT ANNULLED

No. 14-1242
STATE OF IOWA vs. YARVON NATHANIEL RUSSELL
The State seeks further review after the court of appeals reversed the defendant’s conviction based on one of three alternative theories of guilt lacking substantial evidence.
WRIT ANNULLED

No. 14-1326
ESTATE OF MERCEDES GOTTSCHALK by Coexecutors RICHARD GOTTSCHALK and REBECCA RASSLER vs. POMEROY DEVELOPMENT, INC. d/b/a POMEROY CARE CENTER vs. STATE OF IOWA, Third-Party Defendant-Appellee. On review from the Iowa Court of Appeal
An estate and a care center request further review of a court of appeals decision finding the State did not owe either of them a duty of care.
WRIT ANNULLED

No. 15-1585
STATE OF IOWA vs. JAMES ROBERT DOWNEY
A defendant seeks further review of a court of appeals decision affirming his conviction for making a false statement on an application to acquire a weapon permit in violation of Iowa Code section 724.17 (2015).
WRIT ANNULLED

IN OTHER NEWS
Warning to courthouses: Layoffs, furloughs 'on the table'
The chief administrator for the judicial branch of state government is warning court employees across the state of possible layoffs or reduced courthouse hours, if a proposed GOP judicial branch budget is approved at the statehouse.
Iowa Public Radio

Florida Bar wants to regulate Avvo and other legal marketers. Will state supreme court allow it?
In 2015, the Florida Supreme Court directed the Florida Bar to solve a particular problem with for-profit lawyer referral services that purport to help consumers find law firms. A special Bar committee that spent more than a year investigating dozens of Florida referral services had reported in 2012 on all kinds of ethical pitfalls: improper solicitation of clients, undisclosed conflicts of interest, even unlicensed practice of law.
Reuters

Gorsuch asks his first questions in Supreme Court oral arguments
The U.S. Supreme Court’s newest justice took the bench on Monday and began asking questions less than 15 minutes after oral arguments began.
ABA Journal

Prosecutors seek reversal of Charles City man's conviction
State prosecutors have asked the Iowa Supreme Court to reverse a Charles City man’s 2016 conviction for sexual abuse of a teen boy.
Waterloo-Cedar Falls Courier

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JOB LISTINGS

Associate Attorney
Baylor, Evnen, Curtiss, Grimit & Witt, LLP, Lincoln, NE

Experienced Attorney
Redfern, Mason, Larsen & Moore P.L.C., Cedar Falls, IA

 

Attorney
Boliver Law Firm, Marshalltown, IA

 

Full/Part-time Attorney
The Sayer Law Group, P.C., Waterloo, IA

 

Corporate Associate

Faegre Baker Daniels LLP, Des Moines, IA

 

Corporate Counsel

Cambridge, Fairfield, IA

United States Marine Judge Advocate, United States Marine Corps, U.S.

Contract Administrator (Sponsored Research Specialist), University of Iowa, Iowa City, IA

Vice President and Trust Officer, Iowa State Bank, Urbandale, IA

Legal Intern, Confidential Employer, West Des Moines, IA

Associate Attorney, Meardon, Sueppel & Downer, P.L.C., Iowa City, IA

Corporate Associate, Faegre Baker Daniels LLP, Des Moines, IA


ADMISSION ON MOTION
The following individuals applied for admission on motion to the Iowa Bar:

Christina Marie Milien, Alton, Ill.

 

Vincent Ray Ledlow, Ledlow Law P.C., Charlottesville, VA


Anyone with questions or comments on the above should contact: Dave Ewert at the Office of Professional Regulation, 1111 East Court Avenue, Des Moines, IA 50319; Phone: 515-725-8029.


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