Iowa ethics opinion
available regarding the invocation of the implied waiver of self-defense
The ISBA Ethics and Practice Guidelines Committee
released its latest ethics opinion July 15 regarding the implied waiver of
self-defense. The eight-page opinion (15-03) provides an introduction to the issue, a
review of the implied self-defense waiver, the declination of the ABA’s formal
opinion regarding the subject, an explanation of the client as a pro-se
litigant, an explanation of the self-defense waiver in relation to claims by
third parties, and the committee’s official opinion.
The opinion is specifically titled, "A lawyer invoking
the implied waiver of self-defense must first ensure the client has made a
knowing waiver of the attorney-client privilege or rule of confidentiality and
then limit the disclosure to only that information which reasonably responds to
the adverse allegation.” The opinion can be found on the ISBA website by
navigating to the Ethics and Practice Guidelines Committee page under the "Member Groups” tab, then "Committees.” Click here
for a direct link.
Two former Iowa Supreme Court justices to be
inducted into hall of fame Saturday
Iowa Supreme Court Justice Linda K. Neuman and Chief Justice Marsha K. Ternus
will be inducted into the Iowa Women’s Hall of Fame at 10 a.m. Saturday. The
ceremony will take place at the State Historical Building auditorium, 600 East
Locust, Des Moines, Iowa, and will be followed by a reception in the atrium of
the historical building.
events are free and open to the public. A luncheon to honor the inductees and
their friends and families will follow the reception at the Renaissance Des
Moines Savery Hotel, 401 Locust St., in Des Moines. Tickets for the luncheon
are $35 for individuals or $330 for a table of 10.
Iowa Commission on the Status of Women established the Iowa Women’s Hall of
Fame in 1975. Each year the ICSW and the governor welcome four women into the
Hall of Fame, paying tribute to them and setting them forth as role models for
others. Lt. General Michelle D. Johnson and Joyce Boone Chapman join Justices
Neuman and Ternus as inductees for 2015.
Neuman is being honored, among other things, for her many "firsts” as a woman
in Iowa’s legal profession. She was the first woman admitted to partnership in
the Davenport law firm of Betty, Neuman, McMahon, Hellstrom & Bittner. She
was the first woman to serve as a part-time judicial magistrate in Scott
County. And, she was the first woman to serve as a member of the Iowa Supreme
Court, having been appointed to the high court in 1986 by Governor Terry
Justice Ternus is being honored for her work to improve access to justice, but
she also can claim a "first.” Appointed to the state’s highest court in 1993,
she was selected as chief justice by the members of the court in 2006, the
first woman to serve in that role. During her years on the court, Justice
Ternus’ work on administration of justice included improving access to the
courts and improving the court’s oversight of cases involving abused and
biographies of both women are available on the ICSW website. Click here to
read Justice Newman’s biography. Click here to read Justice
Cybersecurity, whistleblowing, white collar
crime among topics in upcoming seminar
information on the legal issues related to cybersecurity, an update on the
whistleblowing law and how to avoid claims, and what’s currently important in
white collar criminal investigations are among the topics that will be
discussed at the Corporate Counsel/Trade Regulation seminar Sept. 11 at the
by the ISBA’s Corporate Counsel and Trade Regulation section, the seminar
begins with registration at 8:15 a.m. and concludes with an ethics panel from
2:45 to 3:45 p.m. Attendees can receive six hours of
CLE credit, including one hour of ethics. A total of 3.5 hours of federal
credit are pending.
addition to the topics listed above, the seminar will feature updates on
franchise law, antitrust issues, and intellectual property and agriculture. The
latter will focus on patent exhaustion, seeds and the open source movement.
registration is available until Sept. 10. To access the registration form,
click here. You can also print
out the registration form from the same page.
Senior U.S. District Court Judge Donald E.
U.S. District Court Judge Donald E. O’Brien died Aug. 18 in Sioux City, Iowa. President
Jimmy Carter appointed Judge O’Brien for service as a federal judge in 1978.
Judge O’Brien served as chief judge in the Northern District of Iowa from 1985
to 1992, when he began service as a senior judge. During his career he was also
a leader in the Democratic Party, Woodbury County Attorney and U.S. Attorney
for the Northern District of Iowa.
O’Brien] was a man of impeccable integrity, with great love for his faith,
family and our federal court.” said U.S. District Judge Mark W. Bennett, as
quoted by the Sioux City Journal. "All of us at the federal courthouses
throughout Iowa deeply mourn his passing.”
will be Sunday, August 23, from 4:00 p.m. to 8:00 p.m. at Blessed Sacrament
Catholic Church in Sioux City, Iowa. Funeral services will be Monday, August
24, at 10:30 a.m. at the church.
Northern District seeking applicants for
magistrate judge; deadline Aug. 28
United States District Court for the Northern District of Iowa is accepting
applications for a full-time magistrate judge based in Sioux City, Iowa. The
successful applicant will replace Judge Mark Bennett, who took senior status in
description of the duties and qualifications is available here, as are the instructions for obtaining and
filling out an application form. Application packets should include a cover
letter, resume, application and any supporting documentation and must be
submitted in person or via mail by Aug. 28.
|In Other News ...
adopters take new .law domains
Some prominent BigLaw firms are among the early
adopters of the new .law domain name extension. DLA Piper; Russell and
Goldstein; and Skadden, Arps, Slate, Meagher & Flom have each already
reserved their domain names. Minds + Machines, the owner of the .law domain
extension, started taking orders July 30, the beginning of a 60-day "sunrise
period.” Firms who have registered their trademarks with the Internet
Corporation for Assigned Names and Numbers— the nonprofit responsible for
coordinating the monitoring and creation of naming conventions on the
Internet—are eligible to participate in the sunrise period. Domain name
registration will be available to credentialed members of the legal community
County forms courthouse security committee
Mills County is the latest to address security issues
regarding its courthouse and other facilities. Earlier this week, the Mills County Board of Supervisors
approved the formation of a courthouse security committee. County Sheriff
Eugene Goos chairs the 13-member committee, whose mission is to identify
security concerns and implement a plan addressing those concerns. County
Auditor Carol Robertson--herself a committee member--tells KMA News the
committee is part of a statewide effort to beef up courthouse security.
important addition to the library of Iowa history
While Congress and several state legislatures,
including Iowa’s, were reinforcing the barriers to gay marriage, a determined
handful of Iowa gay-rights advocates were preparing to go to court. A new book,
"Equal Before the Law,” which came off the presses this summer, offers a highly
readable, thoroughly researched and sometimes jolting look at how Iowa rocked
the nation’s social and legal foundations in the process. It is an important
addition to the library of Iowa history.
DMACC staff promoting unique program at state fair
There’s a ton of things to see at the Iowa State
Fair. Court reporter training programs are probably not on anyone’s list as one
of the main sights. However, several court-reporting industry representatives
are taking advantage of their spot in the Varied Industries building at this
year’s Iowa State Fair, promoting a program that is unique to Des Moines Area
Community College’s Newton Campus.
for cash to start a law firm? Crowdfunding may be permissible, ethics opinion
who want to start a law firm but are short on cash may be able to use some
types of crowdfunding, according to an ethics opinion. Lawyers may not use any
funding, however, that gives the investor an interest in a law firm or a share
of its revenue, according to the June 29 opinion by the New York State Bar
Association. The ABA BNA Lawyers’ Manual on Professional Conduct has a
|The Iowa Lawyer Weekly is an electronic newsletter published every Wednesday. Please submit comments, letters to the editor, articles, or photos, to email@example.com. 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.
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