Iowa Lawyer Weekly (07/02/2014)
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July 2, 2014
Past Issues

Forms now available for use with the new Iowa Uniform Power of Attorney Act

In April of 2014, the General Assembly passed and the Governor signed into law the Iowa Uniform Power of Attorney Act (Act) pertaining to powers of attorney (POAs). The Act authorizes a principal to give an agent (formerly called an attorney in fact) the authority to make decisions regarding the principal’s property and finances. The Act will be codified in Chapter 633B of the Iowa Code. It became effective yesterday, July 1.

The Act repeals the current provisions of the code with respect to POAs. In contrast to these provisions which are limited in nature, the Act constitutes a comprehensive legal framework for the creation and use of POAs and furnishes specific guidance to and protections for principals, agents and third parties. The Act is based largely on the Uniform Power of Attorney Act drafted by the Uniform Law Commission, which can be seen here.

An overview of the provisions of the Act with practice and drafting pointers for attorneys prepared by Des Moines attorney Margaret Van Houten and University of Iowa College of Law Professor Josephine Gittler is available here. The August issue of the Iowa Lawyer magazine will have a more extensive article about the new Act for practitioners.

The new Iowa Statutory Power of Attorney form approved by the ISBA’s Legal Forms Committee is available here. This form replaces ISBA Form 120. The new Iowa Statutory Power of Attorney Agent Certification form, also approved by the ISBA’s Legal Forms Committee, is available here. In addition, both forms are now available on IowaDocs® for those who subscribe to the service.

Supreme Court appoints/reappoints attorneys to boards and commissions

In orders filed June 19, Iowa Supreme Court Chief Justice Mark Cady appointed 30 attorneys and reappointed 36 attorneys to the court’s various boards and commissions for three-year terms ending June 30, 2017.

The boards and commissions receiving new and reappointed members included the Attorney Disciplinary Board, the Board of Examiners of Shorthand Reporters, the Board of Law Examiners, the Commission on Continuing Education, the Grievance Commission and the Commission on the Unauthorized Practice of Law.

See who was appointed and reappointed here.

President Feller discusses his goals as president

In a video recorded the day after he became the ISBA’s 128th president, Joe Feller talks about his goals for the coming year.

He labels the goals under the banner "Back to Basics.” By "Back to Basics,” he expects to rededicate the association to its three key missions – serving the members, supporting the legal community and justice system in the state, and serving the community at large.

Watch the video for details on each of the three missions.

Judges needed for national, internal competitions at U of I College of Law

The University of Iowa College of Law is asking interested attorneys to volunteer to judge a number of national and internal competitions the college is hosting in the upcoming school year. Volunteers are being asked to indicate their interest on this single volunteer interest form by tomorrow, July 3.

In addition to its annual internal competitions, the college will host the regional rounds of two national advocacy competitions -- the Region 14 National Moot Court Competition, and the American Collegiate Moot Court Association's Upper Midwest Undergraduate Moot Court Tournament.

The U of I College of Law will contact all volunteers who sign up on the interest form (above) to confirm specific dates and events. Questions can be directed to Jessica Malott at

YLD hosting social with judges in District 1B

The Young Lawyers Division will host a social event with the judges of District 1B next Wednesday, July 9, at 5:15 p.m., at Beck’s on University in Waterloo. The social will be in the lower level of the sports brewery at 3295 University Ave.

See the flyer for more details.

Register now for the Solo & Small Firm Conference and Two-Person Best Shot Golf Tournament

Registration is now available for the 2014 Solo & Small Firm Conference that will take place at Honey Creek Resort near Moravia from August 14-16. Registration is also available for the annual Two-Person Best Shot Golf Tournament at the Preserve on the Honey Creek Resort grounds.

Sponsored by the ISBA’s General Practice Section, the Solo & Small Firm Conference features CLE presentations geared to those who practice alone or in a small firm. Presentations will cover topics such as selling or transitioning a practice, fee agreements and collections, making the practice work for you instead of you working for it and building your practice using the internet. A two-hour ethics session on Saturday morning focuses on the new advertising rules and strategic alliances/fee splitting among law firms and non-law organizations.

The Two-Person golf event takes place after the conference on Saturday, August 16. Registration begins at 10:30 a.m., with lunch from 11:30 a.m. to 12:30 p.m., and a shotgun start at 12:30 p.m.

To register for the conference, click here. To register for the golf outing, click here.

Happy Independence Day!
Just a reminder that the ISBA office will be closed Friday, July 4, to celebrate Independence Day. The office will re-open on Monday, July 7. Have a happy and safe 4th!

The Iowa Lawyer Weekly is an electronic newsletter published every Wednesday. Please submit comments, letters to the editor, articles, or photos, to 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 receive price breaks on office supplies including computers and printers, furniture, cleaning supplies and even promotional items such as pens, mugs, hats, etc., through Staples? The ISBA is part of the Staples Advantage program that makes discounts on commonly used items in the law practice available to members. Contact Renee via email at, or via phone at 800-693-9900, Ext. 24729 for more information.

Benefit of the Week

ISBA CLE Season Pass
Receive all of your CLE credits by using The Iowa State Bar Association’s affordable CLE Season Pass. It’s the one and only pass that offers hundreds of CLE credits at the best price in town! For only $550, you can take all the CLE credits you need in a 12 month span. Sign up for the Season Pass today and have the opportunity to choose from over 200 hours of live CLEs in addition to the 20 hours of telephone CLEs the ISBA offers.

For a printable order form, please click here.

Iowa Supreme Court Decisions

June 27, 2014

No. 12-0924

Appeal from the Iowa District Court for Scott County, Gary D.McKenrick, Judge.

Chiropractic school sought judicial review of civil rights commission’s determination school had discriminated on the basis of disability. The district court reversed the decision of the civil rights commission. REVERSED AND REMANDED WITH INSTRUCTIONS.

No. 13-0010
JOHN GOODPASTER vs. SCHWAN'S HOME SERVICE, INC. and TODD SWANSON, Individually and in His Corporate Capacity

Appeal from the Iowa District Court for Polk County, Douglas F. Staskal, Judge.

Plaintiff appeals from the district court’s grant of summary judgment in favor of defendant. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

No. 13-0729

Appeal from the Iowa District Court for Pottawattamie County, Mark Eveloff, Judge.

A railroad employee appeals a district court order finding an employer satisfied the judgment in a case filed pursuant to the Federal Employers’ Liability Act. AFFIRMED.