Editor's note: There will be no newsletter next Wednesday, Dec. 27, due to the holidays. The next issue will be published on Jan. 3.
ISBA now accepting Iowa Court rule 39.18 designated representative requests
The Iowa State Bar Association is the first bar association to make a new succession planning service available to attorneys in private practice -- those in solo practices as well as those practicing in a firm with other attorneys.
Under the Iowa Court Rule 39.18, Iowa-licensed lawyers must take steps to prepare for their own disability or death. New questions that are related to Rule 39.18 compliance will be included on the Iowa Client Security Commission 2018 Client Security Reports to be filed with the Supreme Court’s Office of Professional Regulation between Dec. 26 and March 10, 2018 without penalty. The new questions include, but are not limited to, the identification and authorization of a “designated representative.”
On Dec. 11, the ISBA Board of Governors authorized The ISBA to serve as a “qualified attorney-servicing association,” for attorneys in private practice for the purposes of meeting the Iowa Court Rule 39.18 designation requirement.
The ISBA is now accepting requests to serve as designated representative from ISBA members. The ISBA reserves the right not to enter into an agreement to serve as a "qualified lawyer servicing association" for the purposes of Court Rule 39.18.
To submit your request for The ISBA to serve as designated representative, review and -- if you qualify and agree -- submit a signed Law Practice Succession Agreement and nominal fee to The ISBA. To review the agreement, click here. Please submit questions via email to SuccessionPlanning@iowabar.org.
For additional information on The Mandatory Basics of Iowa Court Rule 39.18, by ISBA member Gordon Fisher, click here. For additional resources on Rule 39.18 compliance, please visit the ISBA’s homepage, or click here.
Taking the pulse of solo and small firm attorneys
ISBA Rural Practice Committee to host fourth Meet and Greet, Jan. 27
IRS increases mileage rate deductions for 2018
Final CLE of 2017 talks about conflict of interest and disciplinary cases
Timothy L. Gartin, event speaker
I hate reading the attorney disciplinary cases. There are far too many good attorneys who run afoul of the Iowa Rules of Professional Conduct. No one intends to become the subject of such a case.
On Friday, Dec. 29, at noon at the Iowa State Bar Office, I will give a one-hour ethics presentation on identifying and avoiding conflicts of interest. You can attend in person (great lunch included) or stream it live (lunch on your own). Register on the Bar website.
The presentation addresses the consequences for violating the rules on conflicts of interest, when an attorney-client relationship exists, general principles and twelve specific rules, duties to former clients, and imputed disqualification. The program is for both transactional and trial lawyers. A proposed waiver for residential real estate transactions will be offered. The major conflicts cases, including several recent decisions, will be discussed.
The one-hour event is available in-person at the ISBA office or via live webinar, and offers one hour of state and one hour of ethics credit. Registration is available on the event page.
|SUPREME COURT OPINIONS
Laverne Edward Belk v. State of Iowa
An applicant in a postconviction-relief action appeals the district court’s decision to grant the State’s motion to dismiss.
REVERSED AND REMANDED
Kevin Kel Franklin v. State of Iowa
A prisoner appeals a district court order finding it did not have subject matter jurisdiction to hear his case.
REVERSED AND REMANDED
State of Iowa v. Dustin James Ortiz
The defendant appeals his conviction for second-degree robbery, alleging erroneous jury instructions and insufficiency of evidence.
DISTRICT COURT JUDGMENT REVERSED; CASE REMANDED WITH INSTRUCTIONS
Samir M. Shams v. Sona Hassan
The plaintiff seeks further review of a court of appeals decision vacating a judgment entered on a jury verdict and remanding for a new trial.
DECISION OF COURT OF APPEALS AFFIRMED; DISTRICT COURT JUDGMENT REVERSED AND CASE REMANDED
TIPS & TRICKS
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Five secrets to introducing lasting change in legal technology
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I'm a sexual harassment lawyer. Here's my advice to men in the workplace
20 career-boosting steps you can take before New Year's Eve
Estate Planning/ Tax Attorney - Whitfield & Eddy Law Firm, Des Moines, IA
Associate Attorney - Leff Law Firm, LLP, Iowa City, IA
Assistant General Counsel-Agri/Farm Insurance - Nationwide Insurance, Des Moines, IA
Special Assistant United States Attorney - United States Attorney Southern District of Iowa, Davenport, IA
Trial Attorney III - Nationwide Insurance, Des Moines, IA
Special Assistant United States Attorney - United States Attorney Southern District of Iowa, Des Moines, IA
In-House Counsel - Marshalltown Company, Marshalltown, IA
Labor & Employment Associate - Faegre Baker Daniels, Des Moines, IA
Managing Attorney - Iowa Legal Aid, Davenport, IA
ADMISSION ON MOTION
The following individual applied for admission on motion to the Iowa Bar:
Timothy Iannettoni, ITC Holdings Corp, Novi, MI
Anyone with questions or comments on the above should contact: Tre Critelli at the Office of Professional Regulation, 1111 East Court Avenue, Des Moines, IA 50319; Phone: 515-725-8029.