Supreme Court order
amends requirement for retaining original documents under EDMS
a supervisory order issued last Friday, Aug. 15, the Iowa Supreme Court
amended the rule governing the requirements for retaining original documents
under EDMS (Electronic Data Management System).
immediately, Rule 16.411(1) is amended to take out the language that "the filer
shall retain the original document for.” The order also adds Rule 16.411(2) to
provide an exception for authorized governmental agencies that have statutory
authority to destroy original documents.
the order and the amended rules here.
Chapter 16 rules are interim rules that govern the process for using EDMS as it
is being implemented. Because they are interim rules, they are not published in
the Iowa Court Rules.
Upcoming ethics webinars to focus on new approaches for pricing legal services
To further ISBA President Joe Feller’s "Back-to-Basics” initiative, the ISBA’s Ethics and Practice Guidelines Committee will host two free one-hour webinars on pricing one’s legal services. Both sessions take place over the noon hour, with the first scheduled for Sept. 17 and the second for Oct. 15.
The first session will explore how to ethically determine the value of your services. What are your legal services really worth in the market place, how you measure that worth and can you ethically charge for that worth.
The second session will explore the various types of fee arrangements such as fixed price, general retainer and contingency contracts, how you value each service item and how to comply with Iowa Rules of Professional Conduct Rule 32:1.5 in their use.
For more information, and to register for the first session on Sept. 17, click here. Get more information and register for the second session on Oct. 15 here. Both registration sites contain information on the requirements for using PC- and Mac-based computers as well as mobile devices such as iPhones, iPads and Android-based phones and tablets.
Iowa Supreme Court adjudicative term calendar
The Iowa Supreme Court announced its
2014-2015 adjudicative term calendar, Aug. 18, including special sessions to
hear oral arguments in communities around the state. The court's adjudicative
term will be from Sept. 2, 2014, to June 30, 2015.
The court will hear special session
oral arguments in Iowa City, Storm Lake, Creston, and Decorah. The evening
sessions are scheduled for the convenience of members of the public who wish to
attend. Drake University School of Law and the University of Iowa College of
Law will also host oral arguments with limited seating for the public. There
will be a special evening session in Des Moines in February for central Iowa
residents who may not have been able to attend the court's regular morning and
"In the past three years, the
Iowa Supreme Court has visited 13 communities for evening oral arguments and
public receptions," Chief Justice Mark Cady said. "Talking with
people in these communities has given us a tremendous, first-hand insight into
what Iowans expect from their court system now and into the future. During that
same time, we have visited 84 high schools, colleges, and universities to talk
with students about the role of the Iowa Judicial Branch and the importance of
the rule of law in resolving the disputes Iowans bring before us."
will continue its regular schedule of oral arguments in Des Moines during the
adjudicative term. All Supreme Court oral arguments are open to the public.
Oral arguments heard in Des Moines are streamed live on the Internet and archived on the
Iowa Judicial Branch website.
May, 2011, and April, 2014, the Supreme Court heard oral arguments in Cedar
Rapids, Mason City, Carroll, Council Bluffs, Bettendorf, Ottumwa, Waterloo,
Sioux City, Dubuque, Fort Dodge, Burlington, Clarinda, and Toledo. Coinciding
with each visit, the justices met with high school and college government and
American history classes.
The court's complete calendar for its 2014-2015 term is on the Iowa Judicial Branch website.
Iowa Courts news release can be seen here and includes a listing of
the court’s special sessions.
Federal Courts propose
amendments to respective rules and forms
Judicial Conference Advisory Committees on Appellate, Bankruptcy, Civil, and Criminal
Rules have proposed amendments to their respective rules and forms Aug. 15. The
courts request that proposals be circulated to the bench, bar, and public for
proposed amendments, Rules Committee reports explaining the proposed changes,
and other information are posted on the judiciary’s website here. The public comment period
ends February 17, 2015.
this period of government fiscal austerity and to promote the use of the
internet and other information technologies, the Rules Committee Support Office
has eliminated printing pamphlets containing the proposed amendments, but will
continue both to send notifications and to post the information online in a
printable format. Questions regarding this matter can be sent to the Rules
Committee Support Office at 202-502-1820 or via e-mail at Rules_Support@ao.uscourts.gov.
Publisher offers employment law e-book at reduced rate
Van Rye Publishing, LLC recently
published an anthology of employment law articles titled Employers and the
Law: 2013-14 Anthology of Best Articles. The publisher is offering a
discount to members of the Iowa Labor and Employment Law Section, Business Law
Section and Corporate Counsel Law Section.
Authored by leading employment law
experts, the articles in this book cover ongoing and emerging legal
responsibilities stemming from the relationship between employers and
employees. Topics addressed in the articles include legal concerns
relating to BYOD, workplace bullying, "leaning in," obesity,
workplace violence, off-duty conduct, religious accommodation, social media and
workplace wellness programs.
The publisher is offering a limited-time discount of 25% off the e-book format
price of the book to members of your Section. Members can obtain the
discounted e-book by visiting the publisher’s website and enter coupon code FH67L. The discount expires
The book is also available in paperback and e-book format from Amazon and at most
major e-book retailers.
Bar Assn offers new resource for Iowa tax attorneys
The National LGBT Bar Association is offering
comprehensive online tax resources for tax attorneys in order to help navigate
state tax laws for same-sex couples.
The online LGBT tax resource is a
comprehensive, state-specific resource covering tax laws for LGBT couples in
all 50 states. The LGBT tax resource helps same-sex couples, and their legal
and tax advisors, navigate complex tax rights, benefits and obligations
impacting same-sex couples.
Additionally, the LGBT Bar's Tax Equity Project brings together
leading tax law professionals to resolve LGBT tax issues that clients and
families are facing following the Supreme Court’s landmark decision in U.S.
v. Windsor. The Tax Equity Project is a forum for all practitioners and facilitates
communication and shared information about federal tax law for married same-sex
Those interested in getting involved in the
LGBT Bar projects can email Michael Busi at firstname.lastname@example.org.
IRS repeats warning about phone scams
The Internal Revenue Service and the Treasury
Inspector General for Tax Administration (TIGTA) continue to hear from
taxpayers who have received unsolicited calls from individuals demanding
payment while fraudulently claiming to be from the IRS.
Based on the 90,000 complaints that TIGTA has
received through its telephone hotline to date, TIGTA has identified
approximately 1,100 victims who have lost an estimated $5 million from these
"There are clear warning signs about
these scams, which continue at high levels throughout the nation,” said IRS
Commissioner John Koskinen. "Taxpayers should remember their first contact with
the IRS will not be a call from out of the blue, but through official
correspondence sent through the mail. A big red flag for these scams are angry,
threatening calls from people who say they are from the IRS and urging
immediate payment. This is not how we operate. People should hang up
immediately and contact TIGTA or the IRS.”
Read the full article, including
characteristics of the scams and tips to avoid being scammed, plus links to
report scams at this link.
Protect yourself when
using email out-of-office replies
article in a June issue of the Lawyerist online newsletter discusses some do’s
and don’t’s for setting up out-of-office messages in your email. While the
simplest approach might be to forego the out-of-office message altogether,
author Deborah Savadra writes in the article that not to use it is considered
rude since so much correspondence occurs via email and the out-of-office
feature is "such a widely-used feature of most email clients.”
article focuses on the Microsoft Outlook email program. However, the points
made apply to any email program.
the entire article at this link.
In other news…
oppose tax change for law firms
bipartisan group of 46 senators signed a letter this week to oppose a proposed
tax reform provision that could harm large law firms and lawyers.
a letter Wednesday to Senate Finance Committee Chairman Sen. Ron Wyden, D-Ore.,
and ranking member Sen. Orrin Hatch, R-Utah, the senators voiced concerns about
a fundamental change in how law firms and other professional-service firms
report and pay taxes.
National Law Journal
with stand-your-ground laws have seen an increase in homicides, reports task
your ground" laws hinder law enforcement, are applied inconsistently and
disproportionately affect minorities.
were the main findings from the ABA National Task Force on Stand Your Ground
Laws. In a preliminary report (PDF) that was officially unveiled during a
Friday session at the ABA Annual Meeting, the task force found that states
which have some form of stand-your-ground law have also seen increasing
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.
Did You Know...
you can introduce yourself to potential clients by joining the ISBA’s
FIND-A-LAWYER program? Participation is fairly simple and relatively
inexpensive. Annual fees for participating are $100 for the first lawyer in a
firm, and $20 for each additional attorney in the same firm. Click here for information and
to download the application form.
Benefit of the Week
WordRake Editing Software
WordRake editing software instantly edits your writing to
make it clear and concise. A Microsoft Word add-in, it will edit 10 pages in 30
seconds and offer an average of 100 suggestions inline – no explanations, no
instructions, no "grades,” just pure editing – like a human editor, only
faster. About 90-95% of WordRake edits are accurate, and you accept the ones
you like to create a clearer, more concise document. There is nothing else like
WordRake on the market.
website to learn more or buy. Iowa State Bar Association members receive a
10% discount at checkout when they use the coupon code: ISBA