changed your practice?
you haven’t been to the courthouse or seen a judge lately, you’ll definitely
want to attend the 2014 ISBA Annual Meeting, June 16-19.
will have the opportunity to rub elbows
with more than 200 judges at one of the more than 60 hours of CLE and
social events at this year’s annual meeting to be held in the Community Choice
Credit Union Convention Center (formerly Vets Auditorium) in downtown Des
the implementation of EDMS, it is important to maintain the strong relationship
the ISBA has with the bench,” said ISBA President Guy R. Cook. As such, The
Iowa State Bar Association and the Iowa Judges Association have agreed to once
again hold a joint annual meeting
to ensure attorneys and judges have an opportunity to discuss items of mutual
Don’t be left out; register today! Attorneys, register by
or by going to the ISBA website
and clicking on "Annual Meeting” under the CLE tab.
Judges, please do not try to register at the link above. A separate registration link will be sent to you from the judicial branch via email in the coming days and weeks.
Thinking about retirement?
ABA is sponsoring a 90-minute webinar on Wednesday (March 26) that will discuss
retirement expectations. The webinar will go beyond the basics to discuss other
factors that can make your retirement what you want, including goal setting,
making the transition to retirement and determining whether a second or
part-time post-retirement career is right for you.
will also provide guidance on the ethics of transitioning out of and selling
further information and to register, click here.
Fine-tune your skills examining
abstracts with ISBA’s free on-demand video
can profit from suggestions on examining abstracts and earn CLE credits at the
same time with the ISBA’s on-demand video entitled "Essentials of Successful Abstract
Examination.” Best of all, the video, which normally costs $75, is free to
the video, well-known real estate attorney Tim Gartin offers tips and pitfalls
to watch for when examining purchase agreements, installment contracts,
drafting warranty deeds, curing title problems and closing the transaction. He
includes copies of his forms and letters in his written materials
video, which was sponsored by Iowa Title Guaranty, is divided into two parts.
Part 1, at 65 minutes long, has been approved for one hour of state CLE
credit. Part 2, at 90 minutes in length, has been approved for 1.5 hours
of state CLE.
this video and others on the ISBA website here.
Supreme Court adopts new forms for
self-represented child support modifications
Iowa Supreme Court Chief Justice
Mark Cady signed an order last week adopting new self-represented litigant
forms for applications to modify child support in chapter 17 of the Iowa Court
Rules. The new forms are effective immediately.
The implementation of the Electronic
Document Management System (EDMS) across the state necessitated the form
revisions to make them fully compatible. Rather than having two sets of forms –
one for filing electronically and another for filing on paper – the court
decided to use one form that can be filed both ways. The new forms also contain
the instructions for filling out and filing within the form, rather than in a
to find links to the order, the rule change, the forms and a guide.
Save the date for the Eighth Circuit Judicial Conference
judges of the Eighth Circuit will host the Eighth Circuit Judicial Conference
Wednesday through Friday (Aug. 6-8) at the Hilton Omaha.
conference, which is designed for all judges and members of the bar, will be
held in conjunction with The Iowa State Bar Association, the Nebraska State Bar
Association and the Nebraska Supreme Court.
"The location of the
Eighth Circuit Judicial Conference presents a unique opportunity for Iowa
lawyers to interact with the judges of the Eighth Circuit Court of
Appeals," says ISBA President Guy Cook.
tracks will include civil, criminal, bankruptcy and specialty practice. Topics
will include sentencing in child pornography cases, National Security Agency
privacy, the EEOC, IP law, constitutional law, immigration, evidence, legal
writing, technology, social media, and ethics.
the speakers that have been confirmed are Professor Lawrence Lessig, of the
Edmond J. Safra Center for Ethics at Harvard University; Dean Erwin
Chemerinsky, of the University of California Irvine School of Law; and
Associate Justice Samuel A. Alito, Jr., of the United States Supreme Court.
registration materials will be coming soon. In the meantime, please e-mail
questions to the Eighth Circuit Executive office at JudConf@ca8.uscourts.gov or phone
defense lawyers spar over civil rules proposals
An alternating chorus of support and
opposition greeted the Advisory Committee on the Civil Rules, an arm of the
Judicial Conference of the United States, in the second and third public
hearings on proposed amendments to
the Federal Rules of Civil Procedure.
Plaintiff lawyers, defense lawyers, corporate
attorneys, and law professors lined up at hearings held in January and February
in Phoenix and Dallas to reprise a polarized debate that began at the first public hearing held
last November in Washington, D.C. If adopted, the amendments would affect 13
different rules, but the testimony consistently returned to the committee’s
tentative plan to alter discovery procedures in Rules 26, 30, 31, 34, and
Defense and corporate lawyers lauded the
proposed changes as fair and essential to stem the rising cost of litigation --
particularly the expense of preserving electronic data. Plaintiff lawyers
expressed alarm that some proposals would unfairly limit discovery and deprive injured
plaintiffs of the tools essential to proving their claims.
FBI issues advisory on scam targeting
attorneys already know about the scam involving contacts from transnational organized crime (TOC) groups
that hire unwitting attorneys to represent them for a fraudulent legal
scenario, solicit them to deposit large counterfeit checks into their client
trust accounts, and then persuade them to immediately wire the deposited amount
to a foreign bank account controlled by members of the TOC group.
last month, the FBI issued a private
sector advisory that provides more details about this scam, how to protect
yourself and what to do about reporting it.
Did You Know...
an ISBA member you are entitled to use the LawPay credit card processing
program? The program allows you to accept all major credit cards from your
clients. It also has the ability to separate funds that must go into your trust
account from your operating account. And, it provides 100 percent protection of
your trust account. Click here to
learn more. Or go to the ISBA website and click on "Member Benefits” under the
"Practice Tools” tab, then scroll down to "Credit Card Processing Service.”
Benefit of the Week
IowaDocs® is a
service provided by The Iowa State Bar Association for its members.
This site will give you information, tips, and support for the yearly
subscription to IowaDocs®.
IowaDocs® is a
library of hundreds of legal documents created, endorsed and copyrighted
by The Iowa State Bar Association that have been automated using
HotDocs. These templates ask questions and automatically create
customized documents based on the answers given. This member service
will save time, effort and money in the production of repetitive
documents and forms.
Click here to learn more about IowaDocs®
Iowa Supreme Court Decisions
March 7, 2014
RE THE MARRIAGE OF TRAVIS SISSON AND ALFRONIA SISSON Upon the Petition of
and cross-appeal from the Iowa District Court for Polk County, Glenn E. Pille,
The parties appeal from an order by the district court that
modified the spousal support provisions of their decree for dissolution of
marriage and denied an application to modify physical custody. DECISION OF
COURT OF APPEALS VACATED; DISTRICT COURT ORDER AFFIRMED ON APPEAL AND AFFIRMED
AS MODIFIED ON CROSS-APPEAL.
OF AMERICA, N.A., as Successor by Merger to BAC HOME LOANS SERVICING, L.P.
f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP vs. SCOTT A. SCHULTE and MARISEL DEL
VALLE a/k/a MARITZA I. DEL VALLE
from the Iowa District Court for Linn County, Nancy A. Baumgartner, Judge.
Judgment debtors seek review of a district court ruling granting a
judgment creditor’s motion to set aside decree after the judgment creditor
served notices of rescission of foreclosure seeking to rescind the foreclosure
BROOKS, INC., and GREAT WEST CASUALTY CO. vs. JAMES DAVID HOUSE
from the Iowa District Court for Polk County, Christopher L. McDonald, Judge.
An employee seeks further review of a court of appeals decision
reversing a district court ruling upholding the Iowa Workers’ Compensation
Commissioner’s award of permanent total disability benefits for an employee’s
back injury. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT