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 April 11, 2018  Past Issues

Changes coming to customer due diligence (CDD) policies

Beginning May 11, new regulations will be implemented at banks and credit unions regarding their customer due diligence (CDD) policies.

Law firms, partnerships and other similar entities will now be required to provide their financial institutions with a certification listing the law firm’s “beneficial owners” when opening a new general, escrow or trust (IOLTA) account. A “beneficial owner” of the firm is any individual who, directly or indirectly, owns 25 percent or more of the equity interest of the firm. Further, the rule also requires identification of a single individual with significant responsibility to control, manage or direct the law firm.

You can read additional information about this change on the Office of Professional Regulation's trust accounts webpage.


IOWA CIVIL AND CRIMINAL JURY INSTRUCTIONS ENHANCED WITH NEW FASTCASE CLOUD LINKING

The most up-to-date Iowa Civil and Criminal Jury Instructions, available on the ISBA website, were enhanced using Fastcase’s new Cloud Linking tool. Hyperlinks to all case citations included in the authority for each instruction were created using Fastcase Cloud Linking; hyperlinks to Iowa statutes are also available where possible. The new Fastcase Cloud Linking tool is free to all members and can automatically create hyperlinks to all published cases referenced in Fastcase in legal briefs, issue alerts, client memos and other legal documents.

ISBA members can access the Fastcase Cloud Linking tool by logging into Fastcase directly or by accessing Fastcase via the ISBA website and selecting Cloud Linking under the Options dropdown menu at the top of the Fastcase 7 landing page. Then, PDF or Word documents can be dropped in to the tool box that appears. Fastcase Cloud Linking works by finding citations to cases in the PDF or Word document and creating public hyperlinks to them so that readers do not have to have Fastcase subscriptions to view the hyperlinked cases. After it creates the hyperlinks, the Fastcase Cloud Linking tool returns the hyperlinked documents to Fastcase users via e-mail.

Fastcase Cloud Linking to case citations is currently available while Fastcase continues to develop this new tool. It is currently only available in Fastcase 7, an even more fluid and easy-to-navigate version of the classic Fastcase online legal research platform. Fastcase provides a slider in the top right corner of the screen to toggle back and forth between Fastcase 7 and the classic Fastcase service to accommodate Fastcase users’ preferences. The ISBA will update members in the coming months when Fastcase Cloud Linking offers additional functionality to make hyperlinking to more legal resources possible.

ISBA members can download the entire Fastcase Cloud Linking enhanced Iowa Criminal Jury Instructions and Iowa Civil Jury Instructions in PDF or Word formats from the ISBA’s website by clicking on "Jury Instructions” under the "Practice Tools” tab and selecting either "Criminal Jury Instructions” or "Civil Jury Instructions,” respectively. To be taken directly to the list of new and revised Iowa Criminal Jury Instructions, click here. To be taken directly to the list of revised Iowa Civil Jury Instructions, click here.


Registration available for your 2018 ISBA Annual Meeting

Those interested in attending the 2018 ISBA Annual Meeting can now register online or through a printable registration form. Come ignite your practice with purpose at the ISBA's most popular conference, taking place June 18-20 at the Community Choice Credit Union Convention Center in Downtown Des Moines.

Various educational tracks have been designed to meet the needs of everyone from rural practitioners to urban attorneys, probate or criminal law practitioners, solo or large firm, younger and beyond. Tracks include:
• Ag Law
• Family Law
• Federal Practice
• Litigation
• Probate
• Real Estate/Commercial and Bankruptcy Law

Annual Meeting is also a chance to step back, connect with colleagues and remind yourself why the work Iowa legal professionals do is important. All members of Iowa’s legal community are encouraged to attend.

Early-bird registration ends June 6. After this date, a $50 walk-in fee will be added to any registration. Individual-day registration is also available for those not able to attend all three days. Law students and YLD Members (Years 1-3) attend the CLE programming aspect of the event free of charge, making this an excellent opportunity for younger members to connect with the association and its members.

For more event information, including programming, new social events and accommodations at the conveniently located and brand new Hilton Hotel, visit the Annual Meeting event page.



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Benefit enrollment reminder: Disability income protection

What would you do if you experienced a career-ending injury or illness? Could you continue your current lifestyle and maintain your retirement funding? The Iowa State Bar Association is now offering a unique opportunity to ensure you and your family’s future with Lump Sum Disability Income Protection through Lloyd’s of London.

This program is only available for a limited time. Please follow this link to review your options and enroll in coverage.

Program Details:
• Lump sum benefit options available up to 10x your annual income, not to exceed $2 million
• Own occupation definition of disability
• Benefits are available regardless of existing long-term disability coverage you may have
• No health or financial evidence needed (One actively-at-work question)
• The premium is personally paid allowing for your benefits to be tax-free at claim time
• 365-day coverage elimination period

If you have any questions regarding the coverage or the available options, please reach out at: 800-484-0076 or info@weinsureyourincome.com.


Judgeship in District 5A now open to applicants

Attorneys in District 5A can now submit applications to fill the position left open by the retirement of Judge Paul R. Huscher. The district nominating commission will meet May 17, and, if necessary, May 18, at the Warren County Court Facility to interview applicants.

To be eligible, an applicant must be a resident of Election District 5A, admitted to the practice of law in the state of Iowa, and of an age so that he or she will be able to complete the initial and one regular six-year term of office prior to reaching age 72.

Application forms may be secured from the District Court Administrator’s Office by e-mailing Janis.Haines@iowacourts.gov. The original, signed application must be postmarked and mailed to the chair on or before May 10. A copy of the application must be emailed to each commission member.

Further details can be found in the Notice of Vacancy.


IRS reminder: Tell clients to check on paycheck withholding

The Internal Revenue Service is reminding tax preparers who have clients with certain tax situations to advise those clients to check on the paycheck withholding information they have on file with their employers.

Visiting the IRS Withholding Calculator to perform a “paycheck checkup” is especially important for clients with children or dependents, whose households include two or more jobs, who itemize deductions or have high income or complex tax situations. This can help ensure they have the right amount of tax withheld from their pay following recent tax-law changes.

These YouTube videos provide additional information and an explanation of how to use the IRS Withholding Calculator. These tax reform tax tips also contain helpful information.


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SUPREME COURT OPINIONS
April 6

No. 16-0894
State of Iowa v. Deshaun Marvin Lamar Williams
The defendant seeks further review of a court of appeals decision affirming his conviction for driving while barred as a habitual offender, contending that proof of mailing of the notice of bar was an essential element of the offense.
DECISION OF COURT OF APPEALS AND JUDGMENT OF DISTRICT COURT AFFIRMED

No. 16-0267
State of Iowa v. Michael Scheffert
The State seeks further review of a court of appeals decision suppressing the State’s evidence.
DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED


IN OTHER NEWS
Time running out as major issues remain on Iowa's legislative agenda
Republicans who control the Statehouse plan to finalize Chapter 2 of the 87th Iowa General Assembly as they work through a period of writers’ block in drafting their state budget and income tax cut plans.
Cedar Rapids Gazette

Judges shouldn't be partisan punching bags
Last week in Wisconsin, an election for an open seat on the State Supreme Court was so bitterly contested that voters were barraged with more than $2.6 million in television and radio ads.
New York Times

Legal sports betting would boost rural Iowa, Wild Rose says
The way State Rep. Brian Best, a Glidden Republican, sees it, sports betting — wagers on the Minnesota Vikings or an Iowa-Iowa State game or any number of big-time college and professional contests — are taking place right now online or in the shadows with old-school oddsmakers in Iowa.
Daily Times Herald

Learn to deal with -- and not hide -- excessive worry
According to the 2016 Hazelden Betty Ford Foundation/ABA study, 19 percent of lawyers suffer from anxiety.
ABA Journal

 
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TIPS & TRICKS

What 10 legal professionals have learned in 10 years

Anger in the court: How to keep calm and litigate on

40 questions to ask a mentor

#MeToo and your members

5 tips to help ensure clients refer or return


JOB LISTINGS

Business and Estate Planning Attorney - Crary Huff Law Firm, Sioux City, IA

Litigation Attorney - Crary Huff Law Firm, Sioux City, IA

Director of Policy and Legal Services - Iowa Association of School Boards, Des Moines, IA

Counsel-Agri/Farm Insurance - Nationwide Insurance, Des Moines, IA

Associate Attorney - Stumme, Collins, Gritters & Epley, PLLC, Waverly, IA

Associate - Smith Peterson Law Firm, LLP, Council Bluffs, IA

Litigation Counsel - GuideOne Insurance, West Des Moines, IA

Attorney - Hopkins & Huebner P.C., Adel, IA

Associate Attorney - Moore Heffernan Moeller Johnson & Meis, Sioux City, IA

Assistant Ethics Counsel for Attorney Disciplinary Board - Office of Professional Regulation, Des Moines, IA

Assistant City Attorney II - The City of Council Bluffs, Council Bluffs, IA


ADMISSION ON MOTION

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

George T. Holler IV, Holler Law Firm, Milford, CT

Gregory H. Wheeler, Boyce Law Firm LLP, Sioux Falls, SD


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



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