What to do with old files
As more boomer-aged attorneys retire or begin thinking
about retiring, the question often arises about what to do with old files. Two
sources provide some guidance.
One is a white paper created by CNA, which provides
professional liability insurance to members through Lockton Affinity L.L.C., the
ISBA’s endorsed professional liability insurance carrier. Entitled "Creating a
File Retention and Destruction Policy,” it discusses various scenarios on file
retention and destruction, including how to deal with electronically stored
information. It is available by clicking here.
The other is Ethics Opinion 08-02 published by the ISBA
Committee on Ethics and Practice Guidelines in March 2008. Entitled "File
Storage and Retention Policy,” it points out that "while there is no legally
prescribed time that a lawyer must keep a file, there are certain
considerations a lawyer may use in determining when and under what
circumstances a file may be destroyed.” Read the full opinion here.
Register now for 2016 annual meeting
the 2016 ISBA Annual Meeting only a month away (June 13-15), now is the time to
register to take advantage of the early bird rates. Those rates result in a
savings of $50 compared with the regular rates; they end June 9.
for the third year in a row at the Community Choice Credit Union in Des Moines,
Iowa, the annual meeting is the largest gathering of legal professionals in the
state. This year, as in the past several years, it will be held in conjunction
with the Iowa Judges Association. The Iowa Court Reporters Association will
also hold a meeting and offer seminars during the event.
from the CLE credit (a maximum of 19 state hours and nine ethics hours, with
16.5 federal hours pending), there will be plenty of opportunities for
socializing with other attorneys and judges. The convention center offers ample
space for chatting in the hallways. Organized social events such as the Luau in
the Lot hosted by the YLD and the 50-year member luncheon, provide additional
opportunities to rub shoulders with colleagues. The Luau in the Lot, new last
year, is particularly popular because of its casual atmosphere. Attendees are
encouraged to wear Hawaiian shirts and grass skirts and are treated to a
smorgasbord of free food and drink in the festively decorated ISBA headquarters
For more information and to register for the
meeting, click here.
A detailed list of CLE seminars with topics and speakers can be seen by
clicking on the annual meeting image above, or on the event website.
Reminder: June 3 is deadline to apply
for OPR director’s position
The deadline to apply for the position of director of the
Office of Professional Regulation (OPR) at the Iowa Judicial Branch is fast
approaching. All application materials must be mailed, faxed or emailed to the
counsel to the chief justice by 4:30 p.m., Friday, June 3.
The OPR director oversees the administration of key boards
and commissions and the program functions performed by those commissions as
provided by Chapter 49 of the Iowa Court Rules. A detailed list of the
responsibilities and qualifications, as well as instructions for applying, can
be found in the job posting on the judicial branch website accessible at
The successful applicant will succeed Paul
Wieck, II, who is retiring Dec. 22.
Enrollment still open for Aflac
accident, cancer/specified-disease insurance policies
There’s still time to sign up for the Aflac accident and
cancer/specified-disease insurance policies recently made available through the
ISBA’s endorsed broker for insurance products and services other than
professional liability insurance.
Reynolds & Reynolds, Inc., is offering the Aflac
coverage which, unlike most major medical insurance products, pays cash
benefits to the policy holder to use as he or she sees fit. For example, the
individual cancer/specified-disease product provides cash that can be used for
out-of-network specialists, experimental cancer treatment, child care and
household help, and normal living expenses, such as car payments and utility
To learn more about the Aflac coverage, including the
various plans available, click here.
Fellow attorney needs help
A message was sent Monday to the ISBA’s SOLACE support
program requesting help for Philip Ramirez, chief public defender in the
Seventh Judicial District in Davenport. Ramirez, 50, was diagnosed two weeks
ago with a very aggressive form of cancer, adenocarcinoma, and his prognosis is
The family – wife, Darla, who has worked for the judicial
branch for 21 years, and children 13 and 11 – need help covering out-of-pocket
expenses while Ramirez receives treatment in Chicago. He is unable to eat and a
feeding tube has been inserted. The feeding bags he receives are partially
covered by insurance; however the out-of-pocket costs are $200 to $300 each.
If you can help this family, please contact Kathy Gaylord,
district court administrator for the Seventh Judicial District. Her email
address is Kathy.firstname.lastname@example.org. Her physical address is: Scott County Courthouse, 400
West 4th Street, Davenport, IA 52801. She will give you instructions on where
to send your donation.
The ISBA’s SOLACE (Support of Lawyers/Legal Personnel, All
Concern Encouraged) program was started several years ago. Its purpose is to
enable the legal community to reach out in a small, but meaningful and
compassionate way to those judges, lawyers, court personnel, paralegals, legal
secretaries, bar staff and their families who experience a death or some
catastrophic illness or injury. Read more about the SOLACE program here.
What the best NEW lawyers do
A group of law professors from the University of Arkansas
is looking for attorneys across the nation to feature in their book project,
What the Best New Lawyers Do. Their hope is to produce a manual that can be
used as a helpful resource to new attorneys and much more.
The project, planned to take nearly three years to
complete, is broken down into four phases. The first phase is generating credible
nominations. According to the group’s definition, an exceptional new lawyer is one who has found exceptional
success in both his or her profession and community. Those interested in
nominating an attorney can review and complete the observer nomination consent form. Those who wish to nominate themselves should review and
complete the nominee consent form.
For more details regarding the project, visit the project website. For a similar study on best mentors, visit the group's mentor study site.
|Supreme Court Opinions
STATE OF IOWA vs. TOBY RYAN RICHARDS A defendant in a criminal case seeks further review after
the court of appeals affirmed his conviction for domestic abuse assault,
contending the district court improperly admitted evidence of prior
altercations in violation of Iowa Rule of Evidence 5.404(b). COURT OF
APPEALS DECISION AND DISTRICT COURT JUDGMENT AFFIRMED.
ELYSE DE STEFANO vs. APTS. DOWNTOWN, INC. A tenant appeals and a landlord cross-appeals a
district court ruling affirming in part and reversing in part a small claims
court decision in a residential landlord–tenant dispute. AFFIRMED IN
PART, REVERSED IN PART, AND REMANDED.
ESTATE OF PAUL DEDRICK GRAY by BRENNA MARIE GRAY,
Administrator of the Estate, and BRENNA MARIE GRAY, Individually and on Behalf
of O.D.G., Minor Child of Paul Dedrick Gray and Brenna Marie Gray vs. DANIEL J.
BALDI; DANIEL J. BALDI, D.O., P.C.; UNITED ANESTHESIA & PAIN CONTROL, P.C.;
CENTRAL IOWA HOSPITAL CORPORATION; IOWA HEALTH PAIN MANAGEMENT CLINIC; IOWA
HEALTH SYSTEM; UNITYPOINT HEALTH; BROADL Plaintiffs appeal from a district court decision granting
summary judgment to defendant medical providers, contending the district court
erred in concluding the plaintiffs’ wrongful-death and loss-of-consortium
claims are time-barred. AFFIRMED IN PART, REVERSED IN PART, AND
LENORA CARUSO vs. APTS. DOWNTOWN, INC. A landlord appeals and a tenant cross-appeals a district
court ruling affirming in part and reversing in part a small claims court
decision in a residential landlord–tenant dispute. AFFIRMED IN PART,
REVERSED IN PART, AND REMANDED.