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March 6, 2019  Past Issues

Iowa OPR unveils new public document "Choosing and Working with a Lawyer"

The Iowa Supreme Court’s Office of Professional Regulation has prepared a new document called "Choosing and Working with a Lawyer" to assist members of the public in finding an attorney. The document is also designed to provide Iowa legal consumers with general information about how to have a productive and positive working relationship with their lawyers.

OPR requests that Iowa attorneys assist in disseminating the guide where appropriate. Additional information for both the public and attorneys about maintaining a positive relationship can be found here.


March issue of The Iowa Lawyer now available online

The March issue of The Iowa Lawyer is now available online. The cover story this month is called “A Profession on Edge,” and is a thorough examination of the demographic, market and technological changes that are retooling the legal profession. Also in this issue, a senior judge explains why direct examination should be the simplest of trial techniques. And, you will meet a former U.S. Attorney from Iowa who is spending his retirement sailing around the world.

Featured in this issue:
• President’s Letter: Grateful to members
• A Profession on Edge: Part one
• Direct Examination: Simplicity misunderstood
• What does member engagement look like to you?
• Former U.S. Attorney spending retirement sailing around the world

The printed version of the magazine should be arriving in mail boxes at the beginning of next week.


LawPay adds ability to accept online checks

Last month, LawPay, the program that allows lawyers to receive credit and debit card payments for their services, added the ability to accept payments by online checks. The cost for the new service, called “eCheck” is a flat $2 per transaction; there is no percentage processing fee.

With the addition of the new feature, ISBA members receive the same protection for client funds paid by online checks that they receive on credit and debit card payments. The LawPay platform separates earned and unearned fees and restricts the ability of a third party to debit monies from a trust or IOLTA account, thereby avoiding the comingling of funds in violation of the Iowa Rules of Professional Conduct.

To learn more about the features available through LawPay, including customizing your payment pages, scheduling payments, sending invoices and receiving payments on mobile devices and tracking payment requests sent to clients, click on this link. You can also access the LawPay information by visiting the ISBA website (www.iowabar.org) and clicking on the heading “Member Benefits.”


Iowa Department of Revenue grants tax extension for farmers
The Iowa Department of Revenue (IDR) has determined it will grant an extension to certain taxpayers to file and pay 2018 Iowa individual income tax returns without an underpayment-of-estimated-tax penalty. Taxpayers who earn at least two-thirds of their income from farming or commercial fishing will have until April 30 to file and pay their 2018 returns.

Read more in this alert from the Iowa Department of Revenue.


 
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Timely topics scheduled for ISBA Criminal Law Seminar

John Sandy, Chair, ISBA Criminal Law Section
I would like to invite all criminal law practitioners to The Iowa State Bar Association’s annual Criminal Law Seminar on April 4. The CLE includes a number of dynamic speakers including newly-appointed Iowa Supreme Court Justice Susan Christensen. Topics will range from criminal case law updates, actual claims of innocence in PCR appeals and criminal immigration issues. One topic that I believe deserves special attention is the Iowa Sexual Assault Kit Initiative. 

The Iowa Sexual Assault Kit Initiative (SAKI) project was created in April 2015. In 2016, Iowa began the process of conducting a survey of Iowa’s law enforcement agencies to determine how many unsubmitted sexual assault kits existed throughout the state. All 387 active police departments and sheriffs’ offices responded to the survey. The resulting inventory disclosed 4,265 unsubmitted sexual assault kits.

The goals of the SAKI project are to enact criminal justice reform to ensure all processes are victim-centered and trauma-informed, to promote accountability, to bring justice to victims of sexual assault, and to ensure public safety through the identification of offenders and those potentially wrongfully identified.

Attendees may participate in-person at the ISBA building in Des Moines or via the live webinar option. Visit the Criminal Law Seminar event page for complete information.


Important info for last-minute CLE reporting
The deadline for the Annual CLE Report and the Annual Client Security Report is March 10. Attorneys who do not file their annual client security report or annual continuing legal education report on time will be subject to a late fee starting March 11. To file your report, go to www.iacourtcommissions.org. Lawyers admitted in 2018 have no CLE attendance requirement but still have to file a CLE report. 

If you attended an ISBA-sponsored CLE in 2018 and you need the activity ID number, please click here for a complete list of all 2018 ISBA CLE programs. If you are looking for a non-ISBA CLE you can search for the activity ID number by clicking here.


Lawyers will continue to invest in technology in 2019, survey shows

The majority of legal practitioners will continue to invest in technology in 2019, according to a new survey. The report also found that 67 percent think they will increase the use of tech in their practices in 2019.

While artificial intelligence is a top trend, respondents were also focused on court technology improvements and stricter privacy laws. The results of this survey were announced at ABA Techshow 2019 in Chicago last week. Read more in the ABA Journal.


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SUPREME COURT OPINIONS
No. 17-0784
State of Iowa v. Travis Raymond Wayne West
Defendant seeks further review of a decision by the court of appeals affirming his conviction and sentence.
DECISION OF COURT OF APPEALS AND JUDGMENT OF DISTRICT COURT AFFIRMED

No. 17-0794
Dianna Helmers v. City of Des Moines
The City of Des Moines seeks further review after the court of appeals reversed the determination of a hearing officer that a dog, Pinky, was properly declared a dangerous animal pursuant to Des Moines Municipal Code section 18-196(6). The City argues the court of appeals erred in finding the ordinance unconstitutionally vague. The City further claims the court of appeals applied an improper standard in interpreting the ordinance.
THE COURT, BEING EVENLY DIVIDED, DECLARES THIS CASE AFFIRMED BY OPERATION OF LAW

No. 17-1147
State of Iowa v. Rodney L. Hanneman
Rodney Hanneman seeks further review after the court of appeals affirmed his conviction for theft in the second degree following a jury trial. Hanneman contends the State presented insufficient evidence to prove he committed theft by taking in violation of Iowa Code section 714.1(1). Hanneman argues the State must prove he acquired the property from the owner’s possession, not only that he acquired the property without the owner’s consent.
THE COURT, BEING EVENLY DIVIDED, DECLARES THIS CASE AFFIRMED BY OPERATION OF LAW

No. 17-1934
Mumm v. Jennie Edmundson Memorial Hospital d/b/a Methodist Jennie Edmundson Hospital, Emergency Physicians of Western Iowa, L.L.C. and Paul C. Mileris, M.D.
Mandi Mumm seeks further review of a court of appeals decision affirming a district court’s denial of her motion for a new trial.
DECISION OF COURT OF APPEALS AND JUDGMENT OF DISTRICT COURT AFFIRMED

No. 18-1375
In the Interest of L.T., A.T., and D.T., Minor Children
K.T. seeks further review of an order terminating parental rights.
DECISION OF COURT OF APPEALS VACATED; JUVENILE COURT ORDER REVERSED AND REMANDED


IN OTHER NEWS
Iowa high court upholds Des Moines' dangerous pet ordinance
The Iowa Supreme Court restored a Des Moines vicious dog ordinance on Friday that an appeals court had found to be unconstitutionally vague.
Daily Iowegian

Millennials are poised to take over; how will the legal industry need to change
In 10 years, 75 percent of law firm staff will be millennials.
ABAJournal

Former acting Attorney General Matthew Whitaker leaves Justice Department
Former acting Attorney General Matthew Whitaker has left the Justice Department.
Des Moines Register


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TIPS & TRICKS

How Uber, Postmates, DoorDash and the gig economy are disrupting the legal industry

How to merge Word documents to create a single Word file

Efficiency is the name of the game... or is it?

The future of legal tech conferences

Seven privacy protection to put into place now



JOB LISTINGS

Staff Attorney - Muscatine Legal Services, Des Moines, IA

Director, Career Development Office - Drake Law School, Des Moines, IA

Liability Insurance Defense Attorney - Hopkins & Huebner P.C., Des Moines, IA

Associate Attorney - Harned & McMeen, Marengo, IA

Associate Attorney - Rawlings Law Firm, Sioux City, IA

Exchange Officer - IPE 1031, West Des Moines, IA

Law Clerk - Hupy and Abraham, S.C., P.C., West Des Moines, IA

Attorney - Pasley and Singer Law Firm, LLP, Ames, IA

Assistant United States Attorney - United States Attorney Southern District of Iowa, Des Moines, IA

Associate Attorney - Carmoney Law Firm PLLC, Des Moines, IA

Associate Attorney - Bruner, Bruner, Reinhart & Morton, LLP, Carroll, IA

Associate Attorney - Confidential Employer, Davenport, IA

Managing Attorney - Kids First Law Center, Des Moines, IA

Administrative Services Coordinator to the Associate Vice President for Legal Affairs - University of Iowa Health Care, Iowa City, IA

Associate Attorney - McEnroe, Gotsdiner, Brewer, Steinbach & Rothman, P.C., West Des Moines, IA

Assistant United States Attorney - Civil - United States Attorney's Office, Cedar Rapids, IA

Assistant City Attorney - City of Iowa City, Iowa City, IA

Associate Attorney - McDonald, Woodward & Carlson, P.C., Davenport, IA

Iowa Title Guaranty Director - Iowa Finance Authority, Des Moines, IA

Staff Attorney - Muscatine Legal Services, Muscatine, IA

Deputy Director for Finance and Operations - Iowa Legal Aid, Des Moines, IA

Term Law Clerk - U.S. District Court, Southern District of Iowa, Des Moines, IA

Assistant Attorney General - Iowa Department of Justice - Attorney General, Sioux City, IA


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