Download pdf - 2010 July-August Iowa Lawyer

Volume 70 Number 7 July/August 2010THE

Receiving the ISBA’s highest honor — Award of Merit

ALSO IN THIS ISSUE• Opening a second office (part 2) • ISBA’s new vice president • New wrinkle in professional liability insurance• Meet new BOG members, committee and section chairs

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Volume 70 Number 7 July/August 2010THE

ALSO IN THIS ISSUE• Opening a second office (part 2) • How to be a successful lawyer • New wrinkle in professional liability insurance• Meet new BOG members, committee and section chairs

Receiving the ISBA’s highest honor — Award of Merit

CONTENTS

AbOUT THE cOvErPaul Tyler receives the crystal Parthenon

from outgoing President Jane Lorentzen as the recipient of the ISBA’s highest honor — its Award of Merit — during the President’s Reception and Awards dinner . He also received a framed proclamation, the contents of which are shown in faint type behind the photo. The proclama-tion details the contributions Paul has made to the legal profession to the association and to the public, which are the three pillars upon which the award is based. A description of those contributions and of the person can be found on page four of the Annual Meeting section near the center of the magazine.

the Iowa Lawyer July/August 2010 3

President’s letter: Confronting challenges, supporting solutions – Carroll...................... 4Admission on Motion ......................................... 5BOG annual meeting: Governors approve position on title insurance ............................. 6Bar Foundation meeting: Directors entertain proposals from investment firms .................. 8Tabor joins Court of Appeals (photo & caption) ....................................... 8Meet the ISBA’s newest leaders ...................... 10

Special 2010 annual meeting section Annual meeting offers a variety of activities ................................... 1 I.O.W.A. honors Goosmann, Ukabiala ............. 3 Tyler receives ISBA Award of Merit ............... 4 Fisher honored with Rollie Grefe Award ........ 5

Thank you, speakers! ..................................... 6 Six honored for service as committee/ section chairs/legislative advocates .......... 7

CLE calendar and offerings ............................. 21

ISBA honors lawyers for pro bono work ......... 24

What’s your leadership legacy? ...................... 27

Enhanced federal collection efforts could impact professional liability insurance ....... 28

Transitions ....................................................... 30

How he exchanged data between two offices 120 miles apart (part 2 of 2) ......... 31

2010 legislation of interest to attorneys ......... 33

Classified ads .................................................. 34

New vice president enjoys numerous hobbies outside of office.............................. 36

Published at 625 east CourtDes Moines, Iowa 50309Steve Boeckman, editor

515-697-7869

THE IOWA STATE BAR ASSOCIATIONOFFICERS 2010-2011President, Frank J. CarrollPresident-Elect, Robert VP Waterman, Jr.Vice President, Cynthia C. MoserImmediate Past President, Jane V. LorentzenExecutive Director, Dwight DinklaThe Iowa Lawyer (ISSN 1052-5327) is published monthly except for the July-August issue by The Iowa State Bar Association, 625 East Court, Des Moines, Iowa 50309. Subscription included in membership fee. Non-members, $30 per year. Periodicals postage paid at Des Moines, Iowa.

Postmaster: Send address changes to the Iowa Lawyer, 625 east Court, Des Moines, Ia 50309.

The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave., Des Moines, IA 50322. Telephone (515) 270-0402. art Director: Melissa Thompson

Classified advertisingQualifying ISBA members – 2 months free; $75 thereafterNon-members – $110 for 100 words per insertion.See classified section for details.

For Display advertising rates Contact Alex Larson (515) 238-4406, or [email protected], or write: The Iowa Lawyer, Larson Enterprises, 909 50th St., West Des Moines, IA 50265.

Communicating with The Iowa Lawyer online: Send your comments and Letters to the Editor to [email protected]. Please include your daytime phone number should we need to contact you with an answer or for verification. Executive Director Dwight Dinkla’s electronic mail address is [email protected]. Assistant Executive Director Harry Shipley’s address is [email protected].

Volume 70 Number 7 July/August 2010

THE

OffIcErS:Frank J. Carroll, President Des Moines, 515-288-2500Robert VP Waterman, Jr., President- Elect Davenport, 563-324-3246Cynthia C. Moser, Vice President Sioux City, 712-255-8838Dwight Dinkla, Secretary Des Moines 515-697-7867Jane V. Lorentzen, Immediate Past President Des Moines 515-244-0111

DISTrIcT 1AStephen Belay Manchester 563-382-2959Brendan Quann Dubuque 563-557-8400

DISTrIcT 1bDavid Roth Waterloo 319-233-6163Beth Hansen Cedar Falls 319-232-6555

DISTrIcT 2AScott Brown Mason City 641-423-6223Karl Nelson Shell Rock 319-885-4346

DISTrIcT 2bThomas Cahill Nevada 515-382-6571John Jordan Boone 515-432-4510Lynn Wiese Iowa Falls 641-648-4261

DISTrIcT 3AJohn Brown Emmetsburg 712-852-4215Joseph Feller Sibley 712-754-4654

DISTrIcT 3bDaniel Hartnett Sioux City 712-277-4561Patrick Murphy LeMars 712-546-8844

DISTrIcT 4Dean Jennings Council Bluffs 712-256-1400Margaret Johnson Thurman 712-374-2751

DISTrIcT 5AJohn Powell Perry 515-465-4641

DISTrIcT 5bArnold (Skip) Kenyon Creston 641-782-7007

DISTrIcT 5cJohn Bouslog Urbandale 515-288-5000Scott Brennan West Des Moines 515-246-7977Susan Ekstrom Des Moines 515-243-6395Jennifer Gerrish-Lampe W. Des Moines 515-281-8344Emily Gould Chafa Des Moines 515-281-3875Mark Godwin Des Moines 515-283-4130Mark Hansing Des Moines 515-288-3667Alice Helle Des Moines 515-242-2400Edward Johnson Des Moines 515-246-5835Lora McCollom Clive 515-327-1222Eric Turner West Des Moines 515-245-9509

DISTrIcT 6Nancy Burk Toledo 641-484-2394Allison Heffern Cedar Rapids 319-366-7641Randall Rings Cedar Rapids 319-573-7627Frank Santiago Iowa City 319-339-4218Bruce Walker Iowa City 319-354-1104

DISTrIcT 7Alan Bohanan Iowa City 319-351-5335Jerry Van Scoy Clinton 563-242-2827Michael P. Byrne Davenport 563-333-6627

DISTrIcT 8ARichard Gaumer Ottumwa 641-682-7579Allan Orsborn Ottumwa 641-682-5447

DISTrIcT 8bArtemio (Mio) Santiago Fort Madison 319-372-7774

IOwA JUDgES ASSOcIATION rEprESENTATIvE:Honorable Nancy TaborImmediate Past President I.J.A.

LEgISLATIvE cOUNSEL:James Carney Des Moines 515-282-6803

AbA DELEgATES:David L. Brown Des Moines 515-244-2141Alan Olson Des Moines 515-271-9100Diane Kutzko Cedar Rapids 319-365-9461

YLD OffIcErS:Eric Bidwell, President Marshalltown 641-752-7757 Jennifer Zahradnik, President-elect Belle Plaine 319-444-3285 Laura Parrish, Secretary Decorah 563-382-4226Jeana Goosmann, Immediate Past President Sioux City 712-226-4000

Iowa State bar Association board of governors

the Iowa Lawyer July/August 20104

The President’s Letter – Frank Carroll

The Bar Associa-tion will confront many challenges during the coming year, not the least of which will be the retention vote in November and the judicial branch budget during next

year’s legislative session. However, we can overcome those challenges by supporting the solutions that are being put in place.

retention electionThe Iowa judicial system is consistently

ranked by the U.S. Chamber of Com-merce as one of the best judicial systems in the United States. This ranking is based on the fact that the courts are not only perceived to be fair and impartial, but are in fact fair and impartial. This is directly related to the method by which Iowa selects its judges — the merit selection system, a constitutional reform that was approved by the voters of Iowa in 1962.

Judges are employed to make deci-sions, and they make thousands of decisions each year. Many of the deci-sions are routine. Many of the decisions protect the rights of the majority of the public. But some decisions are made to protect the rights of the minority, and these decisions are often the most impor-tant and most contentious.

The retention vote, which will occur in November, is not meant to be a mandate to punish judges for making hard and difficult decisions. The retention vote is to be used as a mechanism to determine whether judges are qualified to make decisions or have the qualities consistent with being a judge, such as integrity, professional competence, judicial temperament, experience and dedication to public service. Since 1962, only four judges have been removed through retention elections.

The ISBA is committed to educating the public on the current merit system of selecting Iowa’s judges and on the quality of those judges. The association is supporting the efforts of Iowans for Fair & Impartial Courts (IFIC), a new organization formed to deliver that public education.

Judicial defeat in November, if arbitrary and reactionary (or retaliatory), will have a chilling effect on judicial independence and will likely spur judicial campaigns and fundraising in future elections. It is important to Iowa to keep politics and campaign financing out of the courts and the judicial system. Likewise, such a defeat may greatly reduce the quality of future judges. Potential candidates for

Confronting challenges, supporting solutions

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ADMISSION ON MOTIONThe following individuals have

applied for admission on motion to the Iowa Bar.

Krisanne weimer, Anamosa; Scott McGlasson, Olathe, Kans.; Michaelle Baumert, Husch Blackwell Sanders, Kansas City, Mo.; Keith r thomas, Fed Ex, Memphis, Tenn.; Joseph Clamon, Iowa Health Systems, Des Moines; todd P. Graves, Graves, Bartle, Marcus & Garrett, Kansas City, Mo.; Conly J. Schulte, Fredericks, Peebles, & Morgan LLP, Omaha, Neb.; Douglas r. Novotny, Nolan, Olson & Stryker, PC LLO, Omaha, Neb.

Anyone with questions or comments should contact: Dave Ewert at the Office of Professional Regulation, 1111 East Court Avenue, Des Moines, IA 50319; 515-725-8029.

judgeships may be unwilling to give up their law practices and serve as judges for fear of campaign expenses and the possibility of arbitrary defeat in reten-tion elections.

Iowans for Fair & Impartial Courts will not encourage a yes or no vote for any specific judge or justice. Rather, it will make sure the public is aware of the high quality of courts that we currently have in Iowa. IFIC will also educate the public on how to become an informed voter — including raising public aware-ness of the ISBA’s plebiscite.

I encourage you to support IFIC’s efforts. It is identifying a “speaker’s bu-reau” to speak to the public at appropri-ate forums. IFIC will supply the talking points and power point presentation.

If you know of an appropriate community forum for this topic, such as your local rotary, Kiwanis or church group, please contact IFIC at [email protected] or contact Adrienne at 1-800-449-8841. Also, please contact IFIC if you would be willing to be a speaker, volunteer, or contribute to this important effort.

Judicial branch budgetIn addition to merit selection and

the upcoming retention vote, the state’s budget’s shortfalls will continue to threaten adequate funding for our courts. With the help of a task force that was formed by the ISBA, the association will continue to work with the Supreme Court to protect the judiciary budget and court operations.

With 17 percent fewer employees than eight years ago, court’s services have suffered, especially in rural areas. The task force will continue to identify strategies to help the courts improve their services, despite the current inadequate level of resources.

These issues are overwhelming, but I believe that with the help of ISBA President-elect, Bob Waterman, Vice President, Cindy Moser, and the members of the Board of Governors, we will be able to address each of these challenges.

Frank J. Carroll

CongratulationsFrankFrank J. CarrollIowa State Bar AssociationPresident 2010 - 2011


BOG annual meeting —Governors approve title standards and position on title insurance, honor outgoing members and others, and welcome new members

In addition to a meeting that included farewells to outgoing governors and sec-tion and committee chairs, the recogni-tion of the outstanding committee and section chairs and legislative advocates

and the seating of new governors, the ISBA Board of Governors took action on a number of items of business during its annual meeting June 16.

The governors approved several new and modified title standards presented by the Real Estate and Title Law Section during the first half of the meeting presided over by outgoing president Jane Lorentzen.

They also discussed real estate title insurance policies. The discussion was precipitated by a legal opinion given to Wells Fargo which opined, among other things, that national banks may charge the costs of a title insurance policy to the borrower because federal law pre-empts the state law which prohibits such charges.

The Iowa Attorney General’s office subsequently invited the comments and the position of The Iowa State Bar As-sociation on the Wells Fargo opinion.

Following the discussion, the governors authorized Dan Moore, chair of the Real Estate and Title Law Section; Jim Carney, ISBA legislative counsel; and ISBA President-elect Bob Waterman to meet with the attorney general and present the BOG’s position, which differs from the opinion received by Wells Fargo.

A number of items were approved in the second half of the meeting, presided

over by incoming president Frank Carroll. As a first order of business, the governors welcomed and introduced seven new members (see biographical information on page 10).

They then approved a renewed contract of $13,500 with the Rafferty Group through December for Bob Raf-ferty’s work with the Task Force for the Enhanced Delivery of Legal Services Throughout the State of Iowa. Following the vote, Rafferty reported to the gover-nors that the task force has presented its phase II ideas for discussion.

They also approved a compensation review report of key association em-ployees produced by the Compensation Committee consisting of Immediate Past President and Chair Dan Moore, Past President Bruce Graves, Chair of the Ways and Means Committee Cindy Moser, and BOG Representative Rich Gaumer. Moore told the governors that the purpose of the committee, which was appointed by President Lorentzen, is to enable bar leadership to report to the BOG and to the IRS that the compensa-tion package offered to key employees by the ISBA was thoroughly reviewed, and that the salaries and benefits approved for these key employees are fair and competi-tive. The committee found in the affirma-tive on both issues.

THE IOWA LAWYER July/August 2010 11

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In a related matter, the governors approved check-signing privileges for the executive director and assistant executive director.

Part of the afternoon session of the BOG meeting also included the annual meeting of the Iowa State Bar

Foundation, since the ISBA governors are the members of the foundation. Foundation Board of Directors President Judge John Lloyd presented a status report to the governors. A major initiative for the foundation is raising its visibility among members and increasing

donations, he told them. He also asked the governors to reappoint current foundation board members Diane Kutzko, Cindy Moser and Paul Tyler. A motion to that effect made by President-elect Bob Waterman was approved.

Members of the Board of Governors whose terms expired June 30 received an engraved plaque with built-in clock commemorating their years of service from outgoing President Jane Lorentzen during the BOG Annual Meeting. Governors leaving the board are (from left) William Klinker, District 3A, Primghar; Guy Cook, District 5C, Des Moines; Dean Einck, District 6, Cedar Rapids; Lu Ann White, District 5C, Des Moines; Tito Trevino, District 2B, Fort Dodge; Cindy Moser, District 3B, Sioux City; and Robert Hatala, District 6, Cedar Rapids.


Bar foundation meeting —Directors entertain proposals from investment firms, approve two grant requests during quarterly session

Directors of the Iowa State Bar Foundation heard presentations from three investment advisory firms, approved two grant requests and took a couple of other actions during its quarterly meeting, June 15.

The request for presentations from investment advisory companies is part of the board of directors’ goal of periodically reviewing investment options for the foundation’s assets.

Directors heard from Bernstein Global Wealth Management, Principal Financial Group (the company currently managing the foundation’s investments) and Wells Fargo Wealth Management. No action was taken at the June meeting pending

receipt of follow-up information, and an opportunity to discuss the proposals at a later meeting.

As with many organizations and individuals, the bar foundation saw its holdings decrease by nearly a third of what they had been as a result of the 2008-2009 market downturn. The decline in principal, along with the resulting decline in revenue generated from that principal, prompted the direc-tors to place a moratorium on any grant approvals from December 2008 through July 2009.

While the value of the principal has increased due to an improved market in recent months, directors believe as part

Tabor joins Court of AppealsJudge Mary Tabor takes the oath of office as the newest judge on the Iowa Court of Appeals from Iowa Supreme Court Chief Justice Marsha Ternus during her investiture in early June. Born and raised on a family farm in Maquoketa, Judge Tabor received her B.A. and JD degrees from the University of Iowa, the latter in 1991 after serving as a reporter for the Associated Press and United Press International for several years. She began her legal career with the Office of General Counsel at the Federal Election Commission in Washington, D.C., then returned to Iowa in 1993 to join the Attorney General’s office. She directed the Criminal Appeals Division from 1999 until her appointment to the bench. Attorney General Tom Miller, who spoke about Judge Tabor during the ceremony, said she will be missed for her great legal work, and for the great food, especially chocolates, she shared with the AG’s staff.

Rememberingtheir legacyOne of the best ways to

remember a deceased lawyeris through a memorial gift tothe profession to which he or

she devoted an entire life.Surviving family memberscan point with pride to the

accomplishments memorializedin a tangible form.

The Iowa State Bar Foundationis a fitting place for

contributions made in thehonor of a deceased member.

There the gift will be usedto support the Foundation’s

charitable purposes forthe advancement of the

law and justice.

To memorialize a respectedcolleague, a spouse, a parent,

a grandparent, or just a friend,send contributions to: The

Iowa State Bar Foundation,625 East Court, Des Moines, IA

50309. A representative of theFoundation will contactthe family, acknowledgethe gift, and a permanent

record will be made.

For more information, contactThe Iowa State Bar Foundation

at the address above, or viaphone at 515-697-7870, or e-mail

at [email protected].


of their fiduciary responsibility that they should review investment advisors.

The two grant requests approved at the June meeting and payable in the 2010-2011 Fiscal Year included one from Iowa Legal Aid and the ISBA Health Law Section for $20,000 to continue the Iowa Legal Aid Health and Law project. The foundation has funded the project, which teams law-yers with doctors to address the legal needs of indigent individuals with medical prob-lems, for the three years of its existence. Results thus far indicate that individuals with medical problems recover more quickly if their legal issues are addressed along with their medical needs.

Approved for $15,000 was the ISBA’s Loan Repayment Assistance Program, with the stipulation that program of-ficials seek additional, outside funding. LRAP officials can return to the founda-tion with an additional grant request if they can find matching money.

The LRAP program provides grants to attorneys working in public service who earn less than $50,000 per year and who have high debt loads caused by large student loan balances. It is

designed to help them pay off those student loans.

The board also voted to accept Russ Buchanan’s resignation from the foundation’s advisory board “with regrets.” Buchanan was a long time member of the board of directors and had been serving on the advisory board.

In other action, the board of directors approved check-signing privileges for Paul Tyler, current board treasurer, and Dwight Dinkla, ISBA executive director. Directors also accepted the nomination of Chester C. Woodburn III as a new Fellow.

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District 2BName: John D. JordanCurrent residence: Boonehometown: Boone

admitted to bar: January 1981Law school: Drake University (1980)Undergraduate school, degree: Iowa State, B.S. HistoryFirm: Jordan and Mahoney Law Firm, P.C.areas of practice: Civil Litigation, Workers Compensation, Bankruptcy, Criminal Defensewhy interested in BoG: Serving and advancing the legal professionContact: 515-432-4510; [email protected] contact method: Phone

District 3aName: John D. BrownCurrent residence: Emmetsburghometown: Emmetsburg

admitted to bar: 1973Law school: University of IowaUndergraduate school, degree: IowaFirm: Berkland & Brown Law Officeareas of practice: Litigation, Probate, Real Estatewhy interested in BoG: Promote respect and dignity regarding the law and the legal system

Contact: 712-852-4215; [email protected] contact method: E-mail

District 3BName: Dan HartnettCurrent residence: Dakota Dunes, So. Dak.hometown: Hubbard, Neb.

admitted to bar: 1981Law school: University of Nebraska (1981)Undergraduate school, degree: University of Nebraska, B.A. EnglishFirm: Crary, Huff, Inkster, Ringgen-berg, Hartnett & Storm, P.C.areas of practice: Civil Litigation, including personal injury, insurance defense, employment, construction and business disputeswhy interested in BoG: The Iowa State Bar Association has played a critical role in helping to shape my career as a lawyer. I felt it was time to give something back to the association by getting involved.Contact: 712-277-4561; [email protected] contact method: E-mail

District 5CName: John M. BouslogCurrent residence: Urbandalehometown: Macomb, Ill.

admitted to bar: 1985Law school: Drake University (1985)Undergraduate school, degree: Western Illinois University, B.S. Business; Drake University, MBAFirm: Dreher, Simpson & Jensen, PCareas of practice: Debtor/Creditor, Corporate/Business, Real Estate, Estate Planningwhy interested in BoG: After practicing law for 25 years, I wanted to provide some help in doing the good work of the bar.Contact: 515-288-5000; [email protected] contact method: Phone or E-mail

District 5CName: Jennifer S. Gerrish-LampeCurrent residence: West Des Moineshometown: River Falls, Wisc.

Admitted to bar: 1997Law school: Drake University (1996)Undergraduate school, degree: Drake UniversityFirm: Iowa Workers’ Compensation Divisionareas of practice: Deputy Workers’ Compensation Commissionerwhy interested in BoG: To assist in making our state bar association a robust service for its members.Contact: 515-281-8344; [email protected]

Best contact method: E-mail

District 6Name: Allison M. HeffernCurrent residence: Cedar Rapidshometown: Monticello

admitted to bar: 1987Law school: University of Iowa (1987)Undergraduate school, degree: Clarke College, HistoryFirm: Simmons Perrine Moyer Bergman, PLCareas of practice: General Litigationwhy interested in BoG: To learn more about the services provided by the ISBAContact: 319-366-7641; [email protected] Best contact method: E-mail

District 6Name: Frank SantiagoCurrent residence: Iowa Cityhometown: Chicago, Ill.

admitted to bar: 1995Law school: University of IowaUndergraduate school, degree: University of Illinois, Chicago Circle Campus, Communication and EnglishFirm: Santiago Law Practiceareas of practice: Generalwhy interested in BoG: I have the desire to give voice to the Iowa State Bar Association.Contact: 319-339-4218; [email protected] contact method: Phone

District 6Name: Bruce L. WalkerCurrent residence: Iowa Cityhometown: Des Moines

(Editor’s note: Eight new governors, five new committee and eight new section chairs joined the leadership ranks of The Iowa State Bar Association beginning July 1. As leaders, they will help shape the policies and direction of the association.To assist members in knowing more about these individuals, we asked each one to provide brief biographical information about themselves. We’ve also included a thumbnail photo of each, along with contact information and preferred method of contact, for members who would like to get in touch with them. Their information follows:)

eight new governors join BoGAttorneys from five judicial election districts began their terms on the ISBA Board of Governors at the beginning of the 2010-11 Fiscal

Year, July 1. They replace the outgoing BOG members who completed their terms.


Meet the ISBA’s newest leaders

Contact: David A. Fini, Vice [email protected] 515-557-1252or Deb McCauley, Account [email protected] 515-875-4274

admitted to bar: 1972Law school: University of Iowa (1972)Undergraduate school, degree: University of IowaFirm: Phelan, Tucker, Mullen, Walker, Tucker & Gelman LLPareas of practice: Trial practicewhy interested in BoG: Encour-aged by others to serveContact: 319-354-1104; [email protected] contact method: E-mail

Five become new com-mittee chairs/co-chairs

Committee chairs are responsible for setting the direction for their committees for the coming bar year.

The ISBA has 27 standing (per-manent) committees, along with a varying number of special (tempo-rary) committees appointed by the president to address specific issues. The standing committees handle the business of the association in the particular area for which they were formed.

Newly appointed chairs for five of the bar’s standing committees include:

Committee – Federal PracticeName: Michael A. DeeCurrent residence: Des Moineshometown: Des Moines

admitted to bar: 1995Law school: University of Iowa (1987). Practiced in Washington, D.C. for eight years after law school.Firm: Brown Winickareas of practice: Commercial Litigation and Business Disputeswhy interested in committee chair: The Federal Practice Committee has always been a good liaison between the bar and federal judges as well as providing an outstanding CLE every December. I wanted to do my part to contribute to that.hope to accomplish as chair: Try to provide a vehicle for the federal judges and administrators to work more closely with both the ISBA and the members of the bar who practice in federal court.Contact: 515-242-2475; [email protected] contact method: E-mail

Committee – Judicial administrationName: Matthew C. McDermottCurrent residence: Des Moines

hometown: Carroll admitted to bar: 2003Law school: University of California, Berkeley (2003)Firm: Belin McCormick, P.C.areas of practice: Civil and white-collar criminal trials and appealswhy interested in committee chair: In my two years serving on the Judicial Administration Committee, I found the work interesting and meaningful. The committee’s make-up is quite diverse, and the commit-tee members are experienced, smart and insightful. With my work with the YLD ending, I wanted to remain actively involved in the ISBA, and this committee seemed to me a great opportunity to do that.hope to accomplish as chair: I hope the Judicial Administration Com-mittee can provide sound, trusted analysis and advice to the bar on matters affecting the administration of justice in our state. As chair, I hope to continue the excellent lead-ership that my predecessor, David L. Brown, provided in this role. I hope to leverage the knowledge and expe-rience of the committee members as best I can to fulfill our mission.Contact: 515-283-4643; [email protected] contact method: E-mail

Committee – Legal FormsName: Daniel D. DykstraCurrent residence: Sioux City

hometown: Patterson, N.J.admitted to bar: 1980Law school: University of Iowa (1980)Firm: Heidman Law Firmareas of practice: Real Estate, Business, Estate Planning, Probatewhy interested in committee chair: I have served on the committee since 1992, acting as chair for several years in the past, and now it is my turn to serve. I have significant history on the use of forms in Iowa and can offer some perspective and continuity.hope to accomplish as chair: We hope to continue incorporating

forms currently in practice manuals into the form portfolio.Contact: 712-333-4120; [email protected] contact method: E-mail

Committee – MembershipName: AnneMarie Spellman McDevittCurrent residence: Perryhometown: Perry

admitted to bar: 2001Law school: Creighton University (2001)Firm: Spellman, Spellman, Spellman, Spellman, Kealhofer & Spellmanareas of practice: Civil Litigationwhy interested in committee chair: Since my admission to the bar, I have always been active in the YLD, and will sadly be aging out next year. So I wanted to take the opportunity as the membership chairperson to continue to stay involved with the bar and to continue to serve.hope to accomplish as chair: As membership chairperson, I hope to provide more opportunities for attorneys who are members of the Iowa bar to network and communicate with one another, as well as increase our membership. I look forward to working with the Membership Committee to determine how we can best serve our current members. I also believe the Membership Committee of the YLD has done a great job in the past few years, and I hope to work with that committee to attain our common goals. Contact: 515-465-5326; [email protected] contact method: Phone or e-mail

Committee – ProfessionalismName: J. Campbell HeltonCurrent residence: Des Moineshometown: Des Moines

admitted to bar: 1995Law school: Drake UniversityFirm: Whitfield & Eddy, PLCareas of practice: Civil Litigationwhy interested in committee chair: I look forward to increasing the professionalism in the bar and in raising the public’s awareness of the high level of professional services

Iowa lawyers provide.hope to accomplish as chair: Raising the public’s awareness of the Iowa bar’s professionalism.Contact: 515-288-6041; [email protected] contact method: Phone

eight named as new section chairs

Section chairs provide the leadership, in conjunction with the section councils, for all members who sign up for their sections.

The ISBA currently has 23 sections (with the addition of a Construction Law Section this spring) covering the aspects of law in which its members practice. The sections are designed to allow members to share ideas and receive support from other attorneys who practice in like areas of the law.

This year new chairs will head up eight of the sections. Newly appointed chairs include:

Section – agricultural LawName: Jared W. HillCurrent residence: Des Moineshometown: Cambridgeadmitted to bar: 2005

Law school: University of Nebraska (2005)Firm: Beving, Swanson & Forrest, P.C.areas of practice: Agricultural Law, Business Law, Administrative Law, Business and Commercial Litigationwhy interested in section chair: Dur-ing the time I have been a member of the Ag Law Section, I have found it to be a rewarding experience and a great way to meet other attorneys who practice in the same field. I saw this as a great opportunity to contin-ue my involvement with the Ag Law Section, as well as a great opportunity to contribute back to the ISBA.hope to accomplish as chair: Help provide opportunities for ag law practitioners to learn how other attorneys handle certain ag-related legal issues. I would also like to help provide more opportunities for sec-tion members to be actively involved.Contact: 515-288-6572; [email protected] contact method: Phone or e-mail.


Section – Construction LawName: Kevin H. CollinsCurrent residence: Cedar Rapidshometown: Cedar Rapids

admitted to bar: 1980Law school: University of Iowa (1980)Firm: Nyemaster Goodeareas of practice: Construction Liti-gation, IP Litigation, Commercial Litigation, Family Lawwhy interested in section chair: To assist fellow bar members by estab-lishing a section to share informa-tion and improve their practices.hope to accomplish as chair: Get section up and runningContact: 319-286-7003; [email protected] contact method: Phone or e-mail

Section – environmental LawName: Jane B. McAllisterCurrent residence: Des Moineshometown: Des Moines

admitted to bar: 1988Law school: Washburn University (1974 – JD); University of Missouri-Kansas City, Mo. (1982 – LLM)Firm: Ahlers & Cooney, P.C.areas of practice: Environmental Law, Commercial Real Estatewhy interested in section chair: Give back to my professionhope to accomplish as chair: To continue to provide educational opportunities on environmental law in Iowa through formal and informal means.Contact: 515-246-0373; [email protected] contact method: Phone, e-mail, U.S. mail

Section – Family LawName: Brent A. CashattCurrent residence: Altoonahometown: Runnells

admitted to bar: 1989Law school: Drake University (1989)Firm: Babich Goldmanareas of practice: Family Law, Collaborative Law/Divorce, Mediation Serviceswhy interested in section chair: I have been involved with the Iowa State Bar Association’s Family & Juvenile Law Section for several years, and I have appreciated the fine leadership of our past chairs and governing section council members. I have always felt that it would be an honor to lead our section, and now that I have been given this wonderful opportunity I can assure you that my feelings were correct. I have attended, and been invited to speak at, family law seminars throughout the country and upon my return to the State of Iowa, I find that our members represent the very best in family law and they continue to set new standards in professionalism and excellence.hope to accomplish as chair: I look forward to continuing the efforts of our past Chairs by provid-ing leadership which not only continues to encourage the study of family law, but also continues to improve the practice, elevate the standards, advance the cause of family law and encourage coopera-tion among all parties during the most challenging and emotional situations in order to protect the welfare of the children and families

we have been entrusted to represent.Contact: 515-244-4300; [email protected] contact method: E-mail

Section – International Law

Name: George B. JonesCurrent residence: Lamoni

hometown: Fort Collins, Colo.admitted to bar: Iowa – 2001; Colorado – 1986; Alabama and Florida – 1987Law school: University of Denver (1986)Firm: Greenwood & Jonesareas of practice: Criminal Lawwhy interested in section chair: I am currently involved in criminal law consulting work with the ABA Rule of Law Initiative in Latin America, working to train judges, prosecutors and defense attorneys on various aspects of criminal law. I also regularly represent Spanish-speaking clinets in Iowa. I am interested in encouraging other attorneys to become engaged inter-nationally, and locally with clients from diverse cultural backgrounds. I want the bar to support and promote this type of work.hope to accomplish as chair: I hope to continue to identify attor-neys with interest in international law, immigration and Rule of Law work, and to create a support net-work for their pursuit of this work.Contact: 641-784-6970; [email protected] contact method: E-mail or phone

Section – LitigationName: Edward M. BlandoCurrent residence: Cedar Rapidshometown: Aberdeen, So. Dak.

admitted to bar: 1976Law school: University of South Dakota (1968)Firm: Elderkin & Pirnie, PLCareas of practice: Civil Trialwhy interested in section chair: Feel obligation to give back to the bar association for the benefits it provides, and do what I can to help lawyers protect the rights of their clients.hope to accomplish as chair: To work with the section council to make our section more proactive in assisting the practicing trial lawyers in dealings with the judiciary and the legislature. Also to make the wide variety of expertise within our section available to assist all section members and the bar membership generally.Contact: 319-362-2137; [email protected] contact method: E-mail

Section – Probate and trust LawName: Marlin “Hap” Volz, Jr.Current residence: Davenportadmitted to bar: 1968

Law school: Duke University (1968)Firm: Retired as a trust officer with Wells Fargo Bank, N.A.areas of practice: Retiredwhy interested in section chair: I spent my professional life as a trust officer and have been a member of the Probate and Trust Law Section since the sections were created. Almost half of that time I have been a member of the section council. Based on that experience, I was interested in being section chair to try to continue the tradition of leadership and achievement set by prior chairs.hope to accomplish as chair: The Probate and Trust Law Section always has an active legislative agenda. I hope to secure passage of as much of it as possible. I would like to further increase participation at section meetings and on section committees. It would be beneficial to find a way to summarize the ques-tions and answers that come out of exchanges among section members. We plan to hold three section meet-ings plus a half-day CLE program in the coming years.Contact: 563-359-0639; [email protected] contact method: E-mail

Section – taxationName: David A. BrownCurrent residence: Des Moineshometown: Swisheradmitted to bar: 1999

Law school: Drake University (1999)organization: IPE 1031areas of practice: N/Awhy interested in section chair: I have been the beneficiary of others’ service to the bar and believe it is important to contribute in return.hope to accomplish as chair: Provide members with timely insight and analysis into significant legisla-tive changes to come within the year. Increase list serve participation and effectiveness.Contact: 515-279-1111; [email protected] contact method: Phone


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2010 Annual Meeting 1

2010 AnnuAl Meeting

The hundreds of attorneys and judges who descended on Des Moines the third week of June for The Iowa State Bar Asso-ciation’s 137th Annual Meeting, held jointly with the Iowa Judges Association, found plenty to do.

On tap were the annual Bar Foundation and Board of Governors meetings. Also available were the annual President’s Reception and Awards Dinner, law school breakfasts, a Bar Foundation Fellows luncheon, a Judiciary Luncheon honoring the justices of the Iowa Supreme Court and the top law student from Drake University Law School and the University of Iowa College of Law, and a 50-Year-Member Luncheon honoring all attorneys who were admitted to the bar in 1960.

In addition, visitors could pick up 15 hours of state CLE credit, which included 7.5 hours of federal and three hours of ethics credit, from among such practice areas as Agriculture Law, Family Law, Litigation, Probate and Trust Law, and Real Estate/Commercial & Bankruptcy Law.

Bar Foundation meetingDirectors for the Bar Foundation spent a

significant portion of their June 15 evening meeting listening to proposals from three investment firms (see full article on page 8). They also approved two grants, accept-ed an advisory board member’s resigna-tion for health reasons, and approved a new fellow nomination.

BOG meetingThe BOG meeting was split into morning

and afternoon sessions (see full article on page 6), reflecting the upcoming changeover in presidents and in governors. In the morning session, presided over by outgoing President Jane Lorentzen, the governors approved the 18 proposed title standards presented by the Real Estate and Title Law Section, approved a motion establishing the ISBA’s position on title insurance and heard reports from Iowa Supreme Court Chief Justice Marsha Ternus, Governor Chet Culver and Drake University Law School Dean Alan Vestal.

President Lorentzen also presented awards to the outstanding committee and section chairs and to three individuals for

their excellence in legislative advocacy.The afternoon BOG meeting, presid-

ed over by incoming President Frank Carroll, included the seating and introduction of eight new governors, approval of several resolutions, remarks from Carroll and Incoming YLD President Eric Bidwell, and reports from several organizations.

President’s Reception and Awards Dinner

The President’s Awards Banquet, held this year at the Scottish Rite Consistory in downtown Des Moines, featured the presentation of the ISBA’s top award — the Award of Merit — along with the Rolland Grefe Pro Bono Publico Award, and the YLD Award of Merit. (Individual articles on the Award of Merit and Rollie Grefe awards can be found on pages 4 and 5, of this section.) Passing of the gavel for both the ISBA and the YLD also took place during the banquet.

Tracy Deutmeyer received the YLD Award of Merit from Alison Werner-Smith, last year’s winner. A shareholder at McGrath North Mullin Kratz PC LLO in Omaha, Deutmeyer was praised for her work with the YLD, both in Iowa and with the ABA. She was heavily involved in the flood relief efforts in Cedar Rapids and other parts of eastern Iowa in 2008 as the district representative for the ABA YLD. That involvement earned her a Star of the Quarter Award from the ABA YLD in 2008.

AnnuAl Meeting offers A vAriety of Activities

Frank Carroll’s three daughters listen while their dad gives his inaugural address as the 2010-2011 ISBA president. From left, they are Kathleen, Christy and Emily.

Newly invested president Frank Carroll gives his inaugural address at the President’s Awards Banquet during the 2010 ISBA Annual Meeting. Frank outlined the challenges he sees for the coming year, including the retention election for judges and the judicial branch budget. He also wants to enhance services for rural practitioners.

Tracy Deutmeyer thanks the Young Lawyers Division for honoring her with the 2010 YLD Award of Merit. Tracy received the YLD’s highest honor in part for her work during the 2008 floods when she was the district representative for the ABA YLD.

2 2010 Annual Meeting

The young attorney, who practices primarily in intellectual property law, has served on the YLD’s Know Your Consti-tution Committee and on its executive council. She currently chairs the ISBA’s Intellectual Property Law Section.

Law school breakfastsIn a departure from the luncheons they

have hosted in the past, Creighton, Drake and the University of Iowa all hosted breakfasts for their alumni Thursday morn-ing of the annual meeting. The gatherings have become a popular venue for former classmates to visit and catch up with each

others’ activities, and for the schools to re-connect with former students.

Foundation Fellows Luncheon

Bill Scherle, secretary of the Bar Foundation board of directors, described the promotional efforts the foundation has under-taken in the past year at the Fellows Luncheon at the Downtown Marriott Hotel Thursday. Scherle urged the approximately 45 fellows attending the luncheon to consider the foundation as one of the beneficiaries in their estates and to encour-age other attorneys to do the same. He also said the

foundation is trying to raise its visibility among members of Iowa’s legal profession, and at some point may launch a major capital campaign to increase the amount of funding available for grant requests.

Judiciary LuncheonIn addition to honoring the Iowa

Supreme Court Justices, the Judiciary Luncheon on Thursday also honored the 2010 High School Mock Trial team winner (Robins Mock Trial) and the outstanding law student from Drake University and the University of Iowa. Philip De Koster

received the award from Drake; Cynthia Boyle was recognized from Iowa.

50-Year-Member LuncheonA total of 24 attorneys from the class

of 1960 who still have their licenses to practice in Iowa turned out for the annual 50-Year-Member Luncheon on Friday during the annual meeting. President Carroll presented each with a pin and a plaque recognizing their longevity and dedication to the profession in Iowa.

Class member Ray Drew from Hampton was the featured speaker. He acknowledged to his fellow attorneys and guests that things have changed over 50 years, not all necessarily for the best.

Specifically, he pointed out the diminishing opportunities for young lawyers to try civil cases in the courtroom. The number of civil trials has decreased significantly over 50 years. How can young lawyers get trial experience if they don’t have a chance to try cases? he asked.

Door prize winners haul home the goods

A long-standing tradition at the ISBA Annual Meeting is to present door prizes to attendees of the CLE sessions that are part of the meeting. Vendors select an item to be given away, and these prizes are awarded at the last break of the CLE session.

This year’s winners, the prizes and the vendors providing the prizes are

as follows: Jeana Goosmann, Visa gift card, Arag; Leo Martin, Amicus Small Firm License, Timely Office; Hon. Duane Hoffmeyer, iPod, Smart Start; Nicole Cooper, two hours of VHS transfer to DVD, Copy Cat and DHG; John Wehr, digital picture frame, Legal Directories; George Eichhorn, gift certificate for training on Word, Excel, Powerpoint or Outlook, Legal Technology Services, Inc.; Tom Verhulst, Omaha steaks, Kubik Voice Solutions; Leo Martin, summer fun, Lexis Nexis; Robert Peters, Book: “Women: Celebration of Strenth,” I.O.W.A.; Duane Huffer, 2009 Code of Iowa, Legislative Services; Skip Kenyon, Iowa football tickets, Iowa LawPAC; Robert Waterman, golf for three at the Wakonda Club, Iowa LawPac; Albion Young, iTouch, ISBA; Jonathan Noble, iPad, ISBA.

2010 AnnuAl Meeting

Outgoing YLD President Jeana Goosmann passes the gavel to Eric Bidwell, who will serve as president for 2010-2011. A Marshalltown attorney, Eric also is involved in his family’s farming operation.

Members of the class of 1960 who were able to attend the luncheon in their honor during the ISBA’s Annual Meeting stood for a group photo following the luncheon. Members are (front row, left to right) Norman Bastemeyer, Raymond Drew, Allan Carew, Tom Carpenter, Harold VanVoorhis and Hon. Jerry Larson. (Back rows, from left to right) are Max Pelzer, Everett Albers, Hon. Robert Clem, Carl Nielsen, Arnold Van Etten, David Crumley, Mark McCormick, Hon. George Goebel, Donald Diehl, Jay Honohan, Bill Sackett, Bill Wheatcraft, Robert Sackett, James West, John Anderson, Harlan Hockett, Hon. James Carter and William Garretson.


2010 AnnuAl Meeting

Three outgoing committee chairs received awards from outgoing President Jane Lorentzen during the Board of Governors annual meet-ing on June 16. Cindy Moser (top photo) was honored by the BOG for her service on the Ways and Means Committee. David L. Brown (middle photo) received a heartfelt thanks from the board for his long service as chair of the Judicial Administration Committee, and Alan Olson (bottom photo) was honored by the board for the many years he headed up the CLE Commit-tee. Many bar leaders have stated that the real work of the association is done at the committee and section level, and that statement is certainly exemplified by these individuals, Lorentzen said.

The Iowa Organization of Women Attorneys (I.O.W.A.) held its 25th Annual Dinner and Awards Reception at the Downtown Marriott in Des Moines on June 17. In recent years, the event has been held during the ISBA’s Annual Meeting.

Following the dinner, the organi-zation presented its Ninth Annual Arabella Mansfield Award, and its Eight Annual Gertrude Rush Award.

Jeana Goosmann with Goosmann Law Firm in Sioux City received the Arabella Mansfield Award for her overall involvement in the legal profession, and her pioneering spirit in establishing her own law firm, which has grown to five attorneys, three staff and two summer law clerks since its beginning in 2009.

Licensed to practice in Iowa, Nebraska and South Dakota, the graduate of the University of Nebraska in business management and Creighton University School of

Law, is active in each state’s bar associations. She served as president of the ISBA’s Young Lawyers Division from July 1, 2009 to June 30, 2010. During her tenure, the YLD organized and presented a successful Legislative Leadership Academy as part of Jeana’s vision to inspire more attorneys to become involved in the legislative process.

Her courage to build a law practice from the ground up, and her contributions to bar associations in

not one, but three, states exemplify the spirit of Arabella Mansfield, the award said.

Chinyere Ukabiala received the Gertrude Rush Award for her work to improve human rights in Iowa and internationally. A graduate of the University of Buckingham, College of Law in England, she then attended the Inns of Court School of Law in London, focusing her studies on European community law and international human rights. Following her time there, she attended Lagos Law School in her home country of Nigeria, studying primarily legal issues concerning human rights, women and families.

After practicing in both Nigeria and England, Chinyere moved to Iowa and earned a law degree from Drake University, after which she opened a public-interest law firm specializing in immigration and family law. In 2003, she became a staff attorney for the Iowa Coali-tion Against Domestic Violation and later joined the staff of Iowa Legal Aid’s Equal Justice Practice. She is also an adjunct professor at Drake University Law School, and co-chair of the ISBA’s Women and Minorities Committee.

It is clear Chinyere exemplifies the pioneering spirit of Gertrude Rush, the award said.

i.o.W.A. honors goosMAnn, ukAbiAlA during AnnuAl AWArds dinner

Jeana Goosmann

Chinyere Ukabiala


2010 AnnuAl Meeting

tyler receives isbA top honor — AWArd of MeritPaul Tyler doesn’t waste words. When

he says something his words are usu-ally full of wisdom, or they’re funny.

The wisdom part no doubt contrib-uted to his being selected to receive the ISBA’s highest honor — its Award of Merit — at the annual President’s Awards Banquet on June 16.

It was Paul who headed up the building committee when the association was trying to decide whether it should lease or buy new space. Many times, he pro-vided wise counsel to his fellow gover-nors as they wrestled with the issue.

It was Paul, for the most part, who

scouted potential buildings or sites to lease or on which to build new. It was Paul who met every week with the architects, contractors and association staff involved with remodeling the existing bar headquarters.

The Lenox native has had plenty of leadership roles within and without the association. Those roles made him well qualified for the ISBA’s top honor, which is built on the three pillars of service to the legal profession, service to the as-sociation and service to the public.

He has served twice on the ISBA’s board of governors — from 1995-1999,

and again from 2003-2007. He chaired the association’s Legal Forms Committee from 1984-1988, the Real Estate Section from 1993-1994, the Multi-Jurisdictional Practice Committee from 2000-2003, and the Building Commit-tee from 2005-2008.

Along the way, he also served as a member of the Land Title Standards Committee for six years, the ISBA Public Service Project for four years, and the Iowa Supreme Court Grievance Commission for nine years. He currently serves as treasurer of the board of directors for the Iowa State Bar Foundation.

Recipient of the association’s President’s Award in 2001, and its Outstanding Committee Chair Award in 2007, this year’s award winner also has been heavily involved in his community.

He has served on numerous boards including Hospice of Central Iowa, Visiting Nurses, the Environmental Coordinating Council, and for 17 years the Better Business Bureau serving Greater Iowa, the Quad Cities and the Siouxland Region where he was chair from 2004-2005.

But it’s his dry sense of humor that undoubtedly endears Paul most to his fellow attorneys. For example, he talks about his wife, Eileen, being on the faculty at Oxford. He pauses just long enough to let the listener absorb the incredible feat of a small-town Iowa girl making it all the way to Oxford University in England, then drops the punch line “Oxford, Iowa, that is.” His junior high school sweetheart taught school in Oxford near Iowa City while he attended law school at the Univer-sity of Iowa where he graduated in 1967.

And he is famous for predicating a statement with the words: “Uncle Paul says …” followed by something that is usually funny, but at the same time filled with wisdom.

Of counsel since the beginning of 2009 to the law firm that bears his name — Dickinson, Mackaman, Tyler & Hagen, PC — Paul still manages to bill 1,500 to 1,600 hours per year, down from the 1,800 to 2,000 hours a year he billed for many years. Moving from shareholder in the firm to of counsel is his way of transitioning to retirement on Dec. 31, 2012 at the age of 70.

Father of three and grandfather of six, Paul says he has always enjoyed doing things with bar. He has enjoyed the fellowship and camaraderie of working alongside other attorneys.

In presenting the award, ISBA Presi-dent Jane Lorentzen said that thou-sands of individuals have benefited from the simple credo that this year’s recipient has always tried to live by: “Do unto others what you would have them do unto you.” It is with great pride that The Iowa State Bar Associa-tion presents its 2010 Award of Merit to a man whose desire to help others has directed his life: Paul R. Tyler.

Paul holds the crystal Parthenon presented to him as the 2010 Award of Merit winner. The award, which began 63 years ago, is given to the member each year who embodies the three pillars on which the award was created — service to the legal profession, the association and the community.


2010 AnnuAl Meeting

A native Hungarian who came to the United States when he was 21 and has devoted most of his professional life the last 10 years to pro bono work received the annual Rolland Grefe Pro Bono Publico Award June 16.

Thomas G. Fisher is a loyal, long-term asset to Iowa Legal Aid and the low-income Iowans it serves, said ISBA President-elect Robert VP Waterman in remarks prior to presenting the award at the Annual President’s Reception and Awards Dinner. The guardianships and conservatorships he handles in Polk County provides the legal mechanism for many people who could not possibly navigate the system without expert legal assistance.

Tom has a wonderful way of listening carefully to the needs and desires of his clients and others involved in this process, which can be heart-wrenching at times. He communicates complicated legal issues in a manner that his clients, typically faced with tough decisions, often involving a family member, can understand. He is well-respected by the probate court judge and staff. His professional, astute, consis-tently respectful style serves as an admirable model for other attorneys to emulate. New and experienced attor-neys learn from his example, Waterman continued.

Tom’s long-term focused pro bono service cannot be fully measured. Nor can its impact on countless lives. Records show that Tom contributed more than 150 hours of service and completed nearly 200 cases in the past two years. Since 2003, he has donated at least 1,900 pro bono hours. His

willingness to handle the vast majority of guardianships and conservatorships for low-income Polk County residents allows Iowa Legal Aid’s staff attorneys to focus on other types of legal matters.

Retired from the Meredith

Corporation, where he worked for more than 20 years in a number of roles including as general counsel, vice president and assistant corporate secretary, Tom also has been a long-term Hungarian interpreter at no charge for litigants who need language access services in his native language.

Tom typically does all this pro bono work two to three mornings per week, allowing time to enjoy his retirement. He also travels extensively, so another attorney must fill in for him while he is out of the office for extended periods.

Thomas G Fisher is a prime example of the true impact of pro bono service. He serves as an excellent example of an effective way to provide pro bono services to fill an otherwise unmet need, Waterman concluded.

fisher honored With rollie grefe AWArd

Outgoing president Jane Lorentzen congrat- ulates Thomas Fisher as she hands him a plaque honoring him with the 2010 Rolland Grefe Pro Bono Publico Award.

Rollie Grefe Award Winner Thomas Fisher addresses those attending the banquet. A native of Hungary who came to the U.S. when he was 21 years old, Tom contributed more than 150 hours and completed nearly 200 guardianship and conservatorship cases in the past two years for low-income citizens in Polk County.


2010 AnnuAl Meeting

The Iowa State Bar Association would like to extend a special thank you to the individuals listed below who so graciously shared their knowledge with those attending the CLE sessions at the 2010 Annual Meeting. Without them, the educational sessions would be impossible to offer.Judge Monica Ackley, Dubuque County Courthouse, DubuqueSeth Andersen, American Judicature Society, Des MoinesRichard Anderson, State Representative from ClarindaTimothy Anderson, GarnerRonni Begleiter, Brown Winick PLC, Des MoinesMichael Blaser, Brown Winick PLC, Des MoinesDavid Boyd, State Court Administrator, Des MoinesDavid L. Brown, Hansen McClintock & Riley, Des MoinesJudge Mary Ann Brown, Des Moines County Courthouse, BurlingtonJustice Mark Cady, Iowa Supreme Court, Des MoinesEmily Chafa, Iowa Workforce Development, Des MoinesBenjamin Chatman, SUMO Group, Inc., Des MoinesWalter Conlon, Metcalf Conlon & Siering PLC, MuscatineNick Critelli, Nicholas Critelli Associates, P.C., Des MoinesTre Critelli, Nicholas Critelli Associates, P.C., Des MoinesBarbara Davis, West Des MoinesErica Elliott, Iowa Division of Workers’ Compensation, Des MoinesDavid Erickson, Davis Brown Law Firm, Des MoinesHabbo Fokkena, US Trustee, Cedar RapidsChristopher Hagenow, State Representative from Windsor HeightsJeana Goosmann, Goosmann Law Firm, Sioux CityErin C. Herbold, Iowa State University Center for Agricultural Law & Taxation, AmesTim Hill, Bradley & Riley, PC, Cedar RapidsJudge Michael Huppert, Polk County Courthouse, Des MoinesGregory Kenyon, Bradshaw, Fowler, Proctor and Fairgrave, PC, Des MoinesJanice Kerkove, Bradley & Riley, PC, Cedar RapidsSteven Kohl, Nymann & Kohl, Sioux CityBret Lucas, Assistant Polk County Attorney, Des MoinesEldon McAfee, Beving Swanson & Forrest, PC, Des MoinesProf. Roger McEowen, Iowa State University Center for Agricultural Law & Taxation, AmesJames Meade, Meade Law Office, West Des Moines

Vivian Meyer-Betts, Iowa Legal Aid, WaterlooDr. Monica Miller, J.D., Ph.D., University of Nevada, Reno, Nev.Darrel Mullins, Iowa Attorney General’s Office, Des MoinesJudge Michael Mullins, Washington County Courthouse, WashingtonKimberly Murphy, Murphy Law, AltoonaSr. Judge Michael Newmeister, Linn County Courthouse, Cedar RapidsGary Norton, Whitfield & Eddy PLC, Des MoinesEric Palmer, State Representative from OskaloosaSusan Pence, Bankers Trust, Cedar RapidsBecky Petersen, Title Guaranty Division, Des MoinesRebecca Robinett, Child Guidance Center, Des MoinesRoxann Ryan, Iowa Department of Public Safety, Des MoinesGregg Schochenmaier, IPERS, Des MoinesJudge Annette Scieszinski, Monroe County Courthouse, AlbiaDr. Rizwan Shaah, Blank Children’s Hospital, Des MoinesJaniece Siegerist, National Assessment and Developmental Services, Stillwater, Okla.Ann Smisek, Judicial Clerk for Chief Judge of the Iowa Court of AppealsChief Judge Rosemary Sackett, Iowa Court of Appeals, West OkobojiChantelle Smith, Hoover Building, Des MoinesJustice Michael Streit, Iowa Supreme Court, Des MoinesChristopher Stombaugh, Kopp, McKichan, Geyer, Skemp & Stombaugh, LLP, Platteville, Wisc.Judge Joel Swanson, Carroll County Courthouse, CarrollChief Justice Marsha Ternus, Iowa Supreme Court, Des MoinesJustice David Wiggins, Iowa Supreme Court, Des MoinesAnnette Williams, Des MoinesPatrick Wilson, Iowa Support Master, Des MoinesNathan Willems, State Representative from LisbonJudge Colin Witt, Polk County Courthouse, Des Moines

thAnk you, speAkers!

The Iowa State Bar Association honored six individuals for their contributions as chairs of their respective committees or sections and for their legislative advocacy efforts during its annual Board of Governors meeting June 16.

Presented with an engraved wooden box during an awards ceremony held during the BOG meeting were Randy Caldwell, Gail Sheridan-Lucht, Theresa Wilson, J. Michael Deege, Diane Dornburg and Gregory Kenyon.

Randy received the Outstanding Committee Chair Award for his service on the Legal Forms Committee.

In presenting the award, ISBA President Jane Lorentzen cited Randy for faithfully serving the Legal Forms Committee for 14 years in a supportive role before becoming its chair in 2008. Under his sound judgment and wise and kindly counsel, this Newton-based attorney helped make available to ISBA members hundreds of legal forms, considered by many to be the best collection of forms nationwide.

The entire ISBA membership expresses its gratitude and admiration for the work he has done and for the benefits it has provided members by presenting him with this Outstanding Committee Chair Award, she said.

Gail received the Outstanding Section Award for her leadership of the Administrative Law Section — a section she joined in 2000. Her talents as a leader and motivator really became evident this year when she served as section chair, President Lorentzen said.

Under her direction, the Administrative Law Section provided its members numerous hours of telephone and live CLE credits. Through her hard work and vision, the section also partnered with the Administrative Law Judges Association to produce the Spring Administrative

Law Seminar.The 1986 graduate of Drake

University Law School, whose day job is with the state’s Division of Labor Services, also played a major role in revitalizing the section list serve. And, through her motivational efforts a member of the section volunteered to provide case law updates for section members.

In recognition of her enthusiasm and hard work with the Administrative Law Section, and admiration for her additional work as a member of the Annual Meeting Committee, the ISBA confers upon Gail Sheridan-Lucht this Outstanding Section Chair Award, Lorentzen said.

Theresa received the Outstanding Section Award for her work with the Criminal Law Section.

Despite a crushing load of work at the state Appellate Defender’s Office, Theresa took on the task of chairing the 350-member Criminal Law Section beginning in July 2009, President Lorentzen said. She also agreed to serve on the ISBA’s Public Relations Committee where she chairs the Media Relations Subcommittee. Her straight-forward, no-nonsense insights and her bulldog-like tenacity have energized both organizations.

The 1998 graduate of Drake University Law School has been a driving force for the Criminal Law Section’s CLE seminar where she also shared her knowledge and insights as a speaker. The various subcommittees that she resurrected or established as new have made major advances in criminal law in the state, including revising and updating numerous statutes that had become outdated.

It is for the countless hours of her extraordinary leadership, guidance and understanding of the law that the ISBA presents this Outstanding Section Chair Award to Theresa Wilson.


six honored for outstAnding service As coMMittee/section chAirs, legislAtive AdvocAtes

2010 AnnuAl Meeting

Receiving engraved wooden boxes from outgoing President Jane Lorentzen for their outstanding work as chairs of committees and sections are (top photo) Theresa Wilson, Criminal Law Section; Randy Caldwell, Legal Forms Committee; and Gail Sheridan-Lucht, Administrative Law Section. Theresa was credited with resurrecting or establishing new subcommittees that advanced and updated criminal law statutes in the state. Randy, who served on the Legal Forms Committee for 14 years, was credited with making available to Iowa attorneys hundreds of legal forms. Gail was credited for providing members of the Administrative Law Section with numerous hours of live and telephone CLE credits.

Mike received the Excellence in Legislative Advocacy Award for his untiring efforts to advance the ISBA’s legislative efforts in the probate and trust law arena.

The halls of the Iowa State Capitol are no strangers to J. Michael Deege, President Lorentzen said in presenting the award. He has served on the Legislative Subcommittee of the ISBA’s Probate and Trust Law Section for many years.

A 1968 graduate of Drake University’s Law School, Mike spends most of his law practice time on wills, trusts, estate planning, probate law and elder law. He is a member of an association of PC’s PLC’s and sole proprietorships known as Wilson Deege Dollar Despotovich & Reimenschneider located in West Des Moines.

Over the years, Mike has found time to write several articles on the subject of wills. It is for his knowledge of how to make sure assets are transferred fairly from one individual to the next and his willingness to spend time advocating for changes in the law to make that possible, that the ISBA proudly presents him with this Excellence in Legislative Advocacy Award, Lorentzen concluded.

Diane received the Excellence in Legislative Advocacy Award for her work in the Family Law legislative area.

Diane has spent all of her legal career advocating for, and defending, children, President Lorentzen said. A certified foster parent herself, she has provided a home for nine children to date, two of whom she adopted. Proof of her devotion to those she has taken in can be found in the gatherings at holidays when most of her “kids” return, some with spouses and their own children.

Diane has devoted her life to the law since receiving her J.D. from the University of Michigan in 1977. Most of her career has been spent in public service with Iowa Legal Aid or one of its predecessors. Almost from the time she joined the Carney Law Firm

in 2000, she has been involved with the Legislative Subcommittee for the bar’s Family and Juvenile Law Section, chairing the subcommittee for at least the last four years. Her involvement has been invaluable in crafting the legislative issues for the section and advocating for them at the state capitol.

It is with great pleasure that we honor Diane with this Excellence in Legislative Advocacy Award for her work as a legislative advocate, as a lawyer … and as a mother, Lorentzen said.

Greg received the Excellence in Legislative Advocacy Award for his efforts in the probate and trust law arena, where he has lent his skills to that sections legislative subcommittee for many years, President Lorentzen said.

Admitted to the practice of law in 1978 after graduating from Drake University Law School, Greg has been active in local and state bar activities throughout most of his career. He practices with Bradshaw, Fowler, Proctor and Fairgrave, PC in Des Moines, and is a regular presenter for continuing legal education seminars on estates, trusts, elder law, Medicaid and long-term care planning.

He also has indulged his passion for golf while benefitting Iowa Legal Aid through his leadership of the annual Dean’s Cup Golf Tournament. The tournament pits Drake law alumni (and those non-Drake graduates who are willing to declare their affiliation with Drake for the day) against the University of Iowa College of Law alumni and any recruits that school can scare up. Even though he is not the captain of the Drake team, his organizational skills have ensured Drake as the winner of the cup most years.

It is with great appreciation that we honor Greg today with this Excellence in Legislative Advocacy Award for his selfless work at the state capitol helping shepherd the many ISBA probate legislative issues through the general assembly, Lorentzen said.


2010 AnnuAl Meeting

Three individuals received an engraved wooden box from outgoing President Jane Lorentzen as a token of the ISBA’s appreciation for their service as outstanding legislative advocates. The honorees are (top photo) Greg Kenyon for his work in the probate and trust law arena, (middle photo) Mike Deege for his work with the legislature in the probate and trust law arena, and (bottom photo) Diane Dornburg for her work in the family law legislative area.

The IOWA LAWYER August 2010

August 27YLD Justice for All golf

tournament Club of IowaPolk City

sEPtEMBER 10Agricultural Law seminar

Quality Inn and suitesAmes

sEPtEMBER 17Fundamentals of Federal

Practice Video ConferenceVarious u.s. District

Courthouse Locations

OctOber 28 - 29Family Law seminar

Marriott HotelWest Des Moines

December 1 - 3tax school

Downtown Marriott HotelDes Moines

December 16eCommerce seminarIsBA Headquarters

Des Moines

December 17Federal Practice

Downtown Marriott HotelDes Moines

I S B A

C L ECALEndAR

nuts & Bolts Seminar

8:30 - 9:30 am Ethics (Grievance Commission) Speakers: Trinity Brauna-Arana (CV)/Paul Wieck (DSM)9:30 - 10:30 Divorce Speakers: Chad Kepros (CV)/Joseph Fernandez (DSM)10:30 - 10:45 Break10:45 - 11:45 Guardianship Speakers: Mary Kate Pilcher Hayek (CV)/Barb Davis (DSM)11:45 - 12:30 Lunch (not provided)

L IT IGAT IOn TRACK

12:30 - 1:30 pm Business Torts Speaker: Kevin Collins (CV/DSM)1:30 - 2:30 Discovery/Depositions Speaker: Mitch Kunert (DSM)/Christopher Bruns (DSM)2:30 - 3:00 Jury Selection Speakers: Tricia Hoffman-Simanek (CV)/Frank Harty (DSM)3:00 - 3:45 Cross-Examination Speakers: Timothy Semelroth (CV)/Matthew Eslick (DSM)3:45 - 4:00 Break4:00 - 5:00 DUI Speakers: Bob Rehkemper (CV)/James Thomas (DSM)

TRAnSACT IOnAL TRACK

12:30 - 1:30 pm Business Formation - Financing, Sale/Purchase Issues, etc. Speakers: David Bright (CV)/Garth Adams (DSM)1:30 - 2:45 Real Estate Speakers: Joseph Moreland (CV)/Timothy Gartin (DSM)2:45 - 3:45 Estate Planning Speakers: Kyle Wilcox & Susan Wiley (CV)/David Repp (DSM)3:45 - 4:00 Break4:00 - 5:00 Intellectual Property - Contract Issues Speakers: Ryan Carter (CV)/Wendy Marsh (DSM)

October 11Coralvi l le (CV)

Holiday Inn1220 1st Avenue

October 14des Moines (dSM)

Embassy Suites101 E. Locust Street

SCHEdULE

CLE Insert August 2010.indd 1 7/22/2010 11:24:09 AM


Registration Form: nuts & Bolts Seminar

Name : ________________________________________________ Member # ______________ Phone # ________________________________________

Address: ________________________________________________ City, State, Zip: ________________________________________________________

E-mail: __________________________________________________

Registration Fee:Admitted to practice 2 years or less ____ $15.00Admitted to practice 3-5 years ____ $45.00Admitted to practice 5-10 years ____ $75.00Admitted to practice more than 10 years ____ $160.00Non-ISBA Member ____ $225.00 Method of Payment: ___ Check enclosed Check Number ____________ CLE Season Pass _________ ___ Master Card ___ Visa ___ Discover ___ American Express

Credit Card #:___________________________________________________ Exp. Date: ___________

Cardholder Signature: _____________________________________________________

Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions call: (515) 697-7874 or fax (515) 243-2511

Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by July 2, 2010. Written notification can be mailed/faxed or e-mailed to the Bar Office. Walk-in registration fee will be an additional $50 (fee will begin on July 9, 2010).

The Iowa State University Center for Agricultural Law and Taxation and The Agricultural Law Section of The Iowa State Bar Association presents the

2010 Agricultural Law SeminarFriday, September 10Quality Inn and SuitesAmes, Iowa

Speakers: Tre Critelli, Michael Gabor, Robert Hartwig, Erin Herbold, Eldon McAfee, Roger McEowen, and Joe Peiffer

Topics: Agricultural Law and Taxation Caselaw and Legislative Update, Chapter 12 Bankruptcy, Livestock Production Legal Issues, Wind Energy Legal Issues, Real Estate and Insurance Issues, Iowa Land Market, and Ethics - Barrantry 2.0

To register visit: www.calt.iastate.edu/aglawseminar.html

Registration fee includes: Seminar materials (includes CD), a continental breakfast, buffet lunch and one break (Discount of $25 if registered on or before August 27)

An Agricultural Law Section Meeting will take place from 12:00 - 1:00 pm

This seminar has been approved for

7.0 CLE hours(includes 1.0 ethics hour)

Please select location:____ Coralville____ Des Moines

Please check a track:____ Litigation Track____ Transactional Track



8:00 Registration Opens8:30 Overview of the Clerk’s Office Representatives from Clerks’ Offices in E-filing and Courtroom Technology Des Moines, Cedar Rapids, Davenport and Sioux City9:00 Local Rules Overview Speakers: Honorable Ross A. Walters and Honorable Paul A. Zoss9:45 Break 10:00 Selected Pretrial Practice Topics Speaker: Honorable Mark W. Bennett 10:45 Evidence and Trial Practice Speaker: Honorable John A. Jarvey11:30 Appellate Practice Speaker: Honorable Steven M. Colloton12:00 Adjourn

Seminar locations: Attendees are invited to attend at one of the four U.S. District Courthouses where the program will be broadcast using the Court’s video-conferencing technology.

4200 C Street SW, Cedar Rapids • 131 East 4th Street, Suite 150, Davenport123 East Walnut, Des Moines • 320 6th Street, Sioux City

Who Should Attend: This program is for new attorneys and attorneys looking to brush up on federal court practice. The seminar will provide an excellent opportunity to meet and interact with judges and courthouse personnel from both the Northern District of Iowa and the Southern District of Iowa.

Continuing Legal Education Credit: Application has been made and approval is pending for 3.25 hours of state CLE and 3.25 hours of federal CLE.

Sponsored by the Iowa State Bar’s Federal Practice Committee CLE Subcommittee: Timothy J. Hill and Mollie Pawlosky

Registration Form: Fundamentals of Federal Practice

Name: __________________________________________ Member # ________ Phone # ______________________________________

Address: ___________________________________________ City, State, Zip: _______________________________________________ E-mail: __________________________________________________

Advance Registration:ISBA Members ____ $60.00 Please Select One: ____ Cedar Rapids ____ DavenportNon-ISBA Members ____ $110.00 ____ Des Moines ____ Sioux City Method of Payment: ___ Check enclosed Check Number ____________ CLE Season Pass _________ ___ Master Card ___ Visa ___ Discover ___ American Express

Credit Card #:___________________________________________________ Exp. Date: ___________

Cardholder Signature: _____________________________________________________

Return Registration form to: ISBA CLE, 625 E. Court Avenue, Des Moines, IA 50309. For questions call: (515) 697-7874 or fax (515) 243-2511

Cancellation Policy/Walk-in Registration Fee: Registration refunds will be issued only if written notification is received by the Bar Office by September 13, 2010. Written notification can be mailed/faxed or e-mailed to the Bar Office. Walk-in registration fee will be an additional $50 (fee will begin on September 17, 2010).



On behalf of the Iowa State Bar Association, the ISBA Public Service Project is pleased again to present the Pro Bono Honor Roll recogniz-ing those Iowa attorneys who helped to make access to the civil judicial system available to hundreds of low-income Iowans in 2009. Their donation of thousands of hours of legal assistance through Iowa’s three volunteer lawyers projects and other pro bono activities is a critical component in making legal services available to indigent citizens of our state.

The Honor Roll is compiled from data pro-vided by the Iowa Legal Aid Volunteer Lawyers Project, the Polk County Bar Association Volun-teer Lawyers Project and the Pro Bono Project of Scott County. These are the three entities in Iowa that place cases with volunteer attorneys.

Included in the Honor Roll are the names of those attorneys who reported in 2009 that they had closed one or more pro bono referrals. A case is closed when all work on the case is com-pleted and the final disposition of the case is reported to the volunteer lawyers project. Some attorneys who participate in a volunteer lawyers project report cases through their firms, and these firms are included on the list. Other Iowa attorneys worked on Volunteer Lawyers Project cases in 2009, but are not listed as the case was not closed in that year.

The names that are highlighted in bold face type are attorneys who provided 50 or more pro bono hours. This is the aspirational standard established in the Iowa Code of Professional Conduct rule 6.1

In addition to taking cases, many attorneys provide pro bono services in other ways. They provide valuable assistance to the legal services community by doing intake, talking with clients at clinics, training and research, assisting with funding efforts, providing leadership on boards, and serving as mediators and as sup-port to the court.

We thank all Iowa attorneys for their

generous commitment and support of pro bono in Iowa and services to the public.

Pro Bono honor roll 2009This list has been compiled by the ISBA Public

Service Project, with the assistance and cooperation of Iowa Legal Aid Volunteer Lawyers Project, Polk County Bar Association Volunteer Lawyers Project, and HELP Legal Assistance Pro Bono Project based on information the attorneys reported to these organizations in 2009.

aDaIr: David JungmannaDaMS: Stuart NielsonaLLaMaKee: Matthew Erickson, Jeffrey Swartz, W. Richard White.aPPaNooSe: James Milani, Jonathon Willier.BeNtoN: Patricia Lough, Larry Schlue, Deborah Skelton, Jennifer Zahradnik.BLaCK hawK: Craig ament, Timothy Ament, Sam Anderson, Larry Anfinson, Kirsten Arnold, Judith Benson, Tim Boller, Clovis Bowles, Robert Braun, Peter Burk, Emily Carr, Steven Daniels, Amy Dollash, David Dutton, Kevin Engels, Megan Fereday, Mark Fransdal, E. J. Gallagher, III, Edward Gallagher, Jr., Farl Greene, Linda hall, John Harris, Kami Holmes, Curtis Klatt, Thomas Langlas, Rick Lubben, Timothy Luce, Erin Lyons, Joseph Martin, David Mason, John McCoy, Kate Mitchell, Jay Nardini, Kenneth Nelson, Kevin Rogers, Mark Rolinger, Karla Shea, R. James Sheerer, Paul Shinkle, Stephen Skram, Chad Swanson, Brooke Trent, Thomas Verhulst, Steven Weidner, Natalie Williams Burris, Michael Young.BooNe: Ben Doran, Wesley Johnson, Judd Kruse.BreMer: Pat Dillon, Lana Luhring, Mark Milder, Lawrence Stumme, Karen Thalacker.BUChaNaN: Alanson Flickinger, Daryl Roberts, Franklin Sauer.BUeNa VISta: Ted Brown, Steven Hamilton, James McHugh, Ryan Mohr,John Murray.BUtLer: Thomas A. Lawler, Gregory Lievens, Amy Swanson, Richard Vickers.CaLhoUN: William Kurth.

CarroLL: A. Eric Neu, Art Neu, William Polking.CaSS: Karen Emerson Peters, John Otto, Jennifer Plumb.CeDar: Bradley Norton.Cerro GorDo: Ronald D. Arispe, Jackie Armstrong, Rolf Aronsen, Kristy Arzberger, Charles Biebesheimer, Patrick Byrne, Rustin Davenport, John Duffy, F. David Eastman, Douglas Grabinski, Joseph Lapointe, Charles Levard, C. Bradley Price, John Sorenson, Gerald Stambaugh, Phillip Stone, Richard Tompkins, Jr, ron wagenaar, Mark Young.CheroKee: Richard Cook, Lisa Mazurek, Daniel Meloy, George Wittgraf.ChICKaSaw: Christopher O’Donohoe. CLarKe: Unes J. Booth, Kristian Lehmkuhl, Leanne Striegel.CLay: David Scott.CLaytoN: J. Steven McCorkindale, Kathleen Neylan, Michael Schuster.CLINtoN: J. Drew Chambers, Steve Haufe, James Pillers, Tom Schirman, Bert Watson.CrawForD: Roger Knee.DaLLaS: Scott Finneseth, Randy Hefner, Matthew hemphill, Bryan Jennings, Amy Skogerson, James VanWerden.DaVIS: John Silko, R. Kurt Swaim.DeLaware: Thomas Hanson, Daniel Swift.DeS MoINeS: James Adams, David Beckman, William Cahill, Todd Chelf, John Clay, Rashawn Logan, william Monroe, Mitchell Taylor.DICKINSoN: Edward W. Bjornstad.DUBUQUe: John Becker, Leslie Blair, Natalia Blaskovich, Chad Cox, Robert Day, Steven Drahozal, Paul Fitzsimmons, Michael Gau, Ross Gibson, Arthur Gilloon, Werner Helmer, Susan Hess, Stuart Hoover, whitney Jacque, Brian Kane, Mary Kelley, Roger Kurt, David Leifker, Nathan Moonen, Robert Murphy, Brian Peters, Emily Reiners, Emilie Roth Richardson, Angela Simon, Christopher Soppe, Jamie Splinter, Jeffery Trannel, Jim Trannel, . eMMet: Scot Bauermeister, Joseph Fitzgibbons.

Pro bono in IowaISBA honors lawyers who volunteer to provide access to justice for indigent Iowans

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Fayette: Jeffery Clements, David Hanson, John Hofmeyer. FraNKLIN: Michael Cross. GreeNe: David Morain, Mark Rassmusen.GrUNDy: Michael Rickert.GUthrIe: Melissa Lewis, Eric Reinhart, robert thompson, Beverly Wild.haNCoCK: Phillip Garland, Brian Jones. harDIN: Larry W. Johnson, Michael Smith.harrISoN: Jesse A. Render.heNry: Richard Bell, Patrick Brau.howarD: Todd Kowalke.IDa: Peter Goldsmith.Iowa: Orville Bloethe, Fred Stiefel, Eric Tindal.JaCKSoN: Mark Lawson.JaSPer: Dennis Chalupa, Debra Johnson, August Luthens, Bradley McCall, Jane Odland, adam otto, Beth Walker. JeFFerSoN: Michael Brown, Sarah Cochran.JohNSoN: John Allen, Lars Anderson, Steven C. Anderson, Janice Becker, Christine Boyer, Maurine Braddock, David Brown, David Burbidge, Paul Burns, Rockne Cole, Anne Daniels, Martin Diaz, Sue Dulek, Scott Flynn, Kirsten Frey, Timothy Grady, Sara Greenwood, Sara Hektoen, Thomas Hobart, Gretchen Holt, Andrew Ives, Michael Kennedy, tarek Khowassah, Steve Klesner, Kandie Kringlen Gelner, timothy Krumm, Carrie Lathrop, Lillian Lyons Davis, James McCarragher, Julia Mears, Marcus Mills, Joseph Moreland, W. Eric Nelson, Cynthia Parsons, Joseph Pavelich, Julie Pulkrabek, Dell Richard, Mary Richard, L. Jay Stein, Alison Werner Smith, Randall Willman.JoNeS: Michael Bowman, Emily Stork, Nick Strittmatter, Jay Willems.KoSSUth: Conrad Meis, Brian Thul. Lee: James Dennis, Laura Krehbiel, Robert Reding, Carl Saunders, Steven Swan, John Wright.LINN: Connie Alt, Brian Bergstrom, Janice Binder, Jace Bisgard, Guy Booth, Richard Boresi, Matthew Brandes, Kevin Caster, Mary Chicchelly, Dan Childers, Kevin Collins, Terri Davis, Laurie Dawley, Curtis DenBeste, Daniel DenBeste, John Ehrhart, Dean Einck, Mark Fisher, Tiarr Fridley, Richard Fry, Richard Garberson, Richard George, H. Nick Gloe, Larry Gutz, William Hochstetler, Tricia Hoffman-Simanek, James Holmes, Derek Hong, Janet Hong, Steven Howes, Mark Hudson, Stephen Jackson, Jr., Stephen Jackson, Sr., Judith Jennings Hoover, Donald Johnson, J. Richard Johnson, Sam Jones, Maureen Kenney, Laura A. Kamienski, Linda Kirsch, Mona Knoll, Jacob Kollers, Diane Kutzko.Also: Eric Lam, Jean Lawrence, Dawn Long, Anne Loomis, Robert Matias, Sean McPartland, Douglas C. Meyer, John Monroe, Matthew Nagle, Henry Nathanson, Frank Nidey, Steven Pace, Cynthia Parker, Nancy Penner, Matt Preston, William Prowell, Ellen Ramsey-Kacena, Marty Rowlett, Ryan Sawyer, Mark Seidl, Tim Semelroth, James Sines, Erek Sittig, Caitlin Slessor, R.L.Sole, Wilford Stone, Gary Streit, Stephen Swift, Jeffery Taylor, H. Raymond Terpstra, David Thinnes, Ivan Thornhill, Crystal Usher, Traci Vercande, Karen Volz, John VonLackum, Richard Wenzel, Jessica Wiebrand, Dawn Wilson, Douglas Wolfe,

Thomas Wolle, Mark Zaiger. LoUISa: Jay Schweitzer.MahaSKa: David Dixon, Greg Life, Eric Palmer, Amber Thompson.MarIoN: Duane Meyer, timothy tripp, Lois Vroom, Kenneth Weiland.MarShaLL: Douglas Beals, Brian Danielson, James Ellefson, George Hinshaw, Michael Horn, Steven Kloberdanz, Bill Lorenz, Melissa Nine, Reyne See, Merrill Swartz. MoNoNa: James Westergaard.MoNroe: Steven Goodlow.MoNtGoMery: Mark Swanson.MUSCatINe: Linda Allison, Rosy Avalos Eichelberger, Paul Bouska, Esther Dean, Gerald Denning, Gregory Johnston, Mark Neary, Jean Pfeiffer.o’BrIeN: Micah Schreurs, Randall Sease, Thomas Whorley.oSCeoLa: Harold Dawson.PaGe: Beverly Jones.PLyMoUth: Joseph Flannery, Mark Hemmingson.PoLK: ahlers & Cooney, P.C.; Cory Abbas, Everett Albers, Fred Anderson, Jill agustine, James austin; Babich, Goldman, Cashatt & renzo, P.C.; Lu Ann Barnes, Patricia Barry, William Bartine, Kim Bartosh, robert Baudino, Jr., James Beatty; Belin McCormick; Ben Bergmann; Black & hinshaw P.L.C.; Vanessa Blanchfield, Cynthia Blonigan, Michael Boohar, Eric Borseth, Dawn Boucher, Dawn Bowman; Willard Boyd, III, Bradshaw, Fowler, Proctor & Fairgrave, P.C.; Christine Branstad; Brick Gentry; Scott Brennan; Brown winick; Minnette Bucklin, John Bunz, Michael Burdette, William Bushell; Carney & appleby, P.L.C.; Espnola Cartmill, Brent Cashatt, Jennifer Clendenin, Sydney Conrad-Cook, Anne Cook, Nicholas Cooper, Garry Cox, Jason Craig, Valerie Cramer; Martha Crist, Cronin & Smith, P.L.C.; Matthew Cronin; Culp, Doran, Seidlin & Genest, P.L.C.; Mariclare Culver, Claire Cumbie-Drake, Micael Cummings; Davis Brown; J. Michael Deege, Karin Derry, Steven Despotovich, Andrea Diaz; Dickinson, Mackaman, tyler & hagen, P.C.; Connie Diekema, Catherine Dietz-Kilen, Diane Dornburg; Dorsey & whitney, L.L.P.; Denny Drake, Tom Drew, Randy Duncan, Janice Edmunson, Rachael Edmundson, Carmen Eichmann; ekstrom & Burkey; Susan Ekstrom, Ted Engel, Megan Erickson; Faegre & Benson, L.L.P.; Jeremy Feitelson, Krista Ferguson, Joe Fernandez, Paige Fiedler; Finley, alt, Smith, Scharnberg, Craig, hilmes & Gaffney, P.C.; tom Fisher, Erik Fisk, Jerry Foxhoven, Sally Frank.

Also: Galligan & reid, P.C.; Michael Galloway, Matthew Gardner; Gaudineer, Comito & George, L.L.P.; Melissa Gillespie, Gislason & hunter, L.L.P.; Robb Goedicke, Thomas Graves; Grefe & Sidney P.L.C.; Anne Graff, Gordon Greta, William Grell, Elizabeth Grob, Christina Gruenhagen; Gunderson, Sharp & walke, L.L.P.; Carolyn Gunkel, Christine Halbrook, Scott Hall, Danielle Haindfield, Jim Hanks, Jill Hansen; hansen, McClintock & riley; Adam Hanson; hanson, Bjork & russell, L.L.P.; Elizabeth Happe, Harvey Harrison, Jason

Hauser, Wade Hauser, Alice Helle, Christopher Handerson, James Henscheid, Debra Hockett-Clark, Liz Hodgson, Bob Holliday, Joey Hoover; hopkins & huebner, P.C.; Andrew Howie; howe, Cunningham & Lowe, P.L.C.; huber, Book, Cortese, happe & Lanz, P.L.C.; R. J. Hudson, Jr.; hudson, Mallaney & Shindler, P.C.; Patricia Hulting, Karen Jackson, David James, Fred James, Jennifer James, Larry James, Sr., Jill Jensen-Welch, Judy Johnson, Brant Kahler, Elizabeth Kellner-Nelson, william Kelly, Jeffrey Kelso, Greg Kenyon, Peter Kitundu, Nicholas Klinefeldt, Chris Knauf, Becky Knutson, Robert Kohls, Mark Konard; Kragnes, tingle & Koenig, P.C.; Terrance Krapfl, thomas Krause, Kari Kruml, Mitch Kunert, Robert Laden, Kami Lang, Justin Lange, Matthew Laughlin, Kathleen Law, Thomas Levis, Vera Lichtenberger, Jesse Linebaugh, Holly Logan, Craig Long, Susan Low, Richard Lozier, David Luginbill, Doug Marberry, Patricia Martin, Jane McAllister, Cynthia McCall, Lora McCollom, Curt McCormick, Clark McDermott, Matt McDermott, Adrienne McFarland.

Also: Miki McGovern, John McKinney, Joseph McLaughlin, Larry McLellan, Jim Meade, Scott Mikkelsen, Donna Miller, Michael Miller, Bill Miller, Jennifer Mills, Matthew Moore, David Morse, Anna Mundy, Steven Nadel, David Nelmark, William Noth; Nyemaster Goode; robert oberbillig, Tonya Oetken, Nick Olivencia, Alan Olson, Nathan Overberg, Martin Ozga, Joella Palmer, David Pargulski, Sonia Parras-Konrad, Peter Pashler;

MeDIATOr TrAININGCIvIl AND fAMIly lAw

A primary mediation class (40 hours CLE, 2 hours ethics) will be held on August 2–6, 2010, at the Drake Legal Clinic, 2400 University, Des Moines, Iowa.

For information, contact Susan Ewing at 515-283-0331

or [email protected].

The instructors are • Kimberly Stamatelos, adjunct professor Drake Law School, and Richard M. Calkins, former Drake Law School dean. The instructors be-tween them have conducted over 100 courses in mediation and ne-gotiation throughout the coun-try, and personally conducted over 4000 mediations.

The instructors emphasize • peacemaking techniques, which bring not only resolution, but peace, conciliation and healing.

Classes include hands-on train-• ing with each student conduct-ing two full mediations.

Parrish Kruidenier; Patterson Law Firm, L.L.P.; Phyllis Pearson, tim Pearson, Karen Pearston; Peddicord, wharton, Spencer, hook, Barron & wegman, L.L.P.; Ron Peeler, Robert Peterson, Joanne Picray, Jeff Pietrick, Margery Pierce, Sarah Pitts, Lynn Poschner, Thomas Pospisil, Steven Reed, Penny Reimer, David repp, Alex Rhoads, Scott Riemenschneider, Jessica Rogers; rosenberg, Stowers & Morse; Nicholas Sarcone, Katherine Sargent, Charles Scaneiger, John Schmidt, Brad Schroeder, Greg Schwager, Eric Schwarz, Mary Schwarze, Joseph Seidlin, Karen Shaff, Adam Shaikh, Gail Sheridan-Lucht, anita Shodeen, Anjela Shutts, Cathleen Siebrecht, Dale Sikes; Skinner, Nielsen & McCollom, P.L.C.; Michael Smith, James Spellman, Ted Sporer, Steve St. Clair, Kim Stamatelos, David Steen, Randy Stefani, Richard Stefani, Richard Steffen, Susan Stockdale, Matthew Stone, Dean Stonner, Courtney Strutt-todd, Susan Suh; Sullivan & ward, P.C.; Debra Svboda Epp, Cliff Swartz, Dawn Takekawa, Deborah tharnish, Andrew Tice, Brian Tingle, Steven Traynor, Chiniyere Ukabiala, Leanne Valentine, Margaret Van Houten, Pamela Vandel, John Vernon, Amanda Wachuta, James Wainwright, Jason Walke, Tim Walker, Steven Wandro; wandro & Baer, P.C.; Stacey Warren, JoEllen Watts, Ivan Webber, Brooke Wenck, Neal Westin, September Wethington-Smith; whitfield & eddy, P.L.C.; Mark Wiedenfeld, Don wine, Charles Wittmack, Michael Wood, Don young.

Non-Attorney Mediators: Machelle Crum (Law Student), Colin Johnson (Law Student), Jenny Jones (Law Student), Jonathan Law (Law Student), Kate Sherer (Law Student), Andrew Stangl (Law Student), Meghann Sweeney (Law Student), Keisuke Ushijima (Law Student).

A special thank you to the Officers and Board Members of the Polk County Bar Association Volunteer Lawyers Project: Holly Logan – President, William Kelly – Secretary, Greg Page – Treasurer, Tom Levis – Liaison to the Polk County Bar Association, Hon. Larry Eisenhauer, Nicholas Cooper, Robert Oberbillig, Tim Pearson, Roxann Ryan, Donn Stanley, Krista Tanner.

PottawattaMIe: John Carter, Robert Beno, John Carter, Craig Dreismeier, Stephen Ebke, Kim Erwin-Loncke, Gary Faust, Michael Gallner, Drew Kouris,Dustin Kreifels, Aimee Lowe, Robert Lundholm, Sarah Millsap, Sean Minahan, Kimberly Murphy, Jacob Peters, Helen Savage, Michael Sciortino, Charles Smith, G. William Smits, Patrick Sondag, Sarah Stilwell, Sara Thalman. PoweShIeK: John Bierman, Rachelle Johnson, Michael Mahaffey.SaC: Charles Schulte. SCott: Kathleen Bailey, Steve Berger, ed Borders, Dennis Britt, Art Buzzell, William Cleaver, Carrie Coyle, Kate Cox, Caniel Condon, Joseph Creen, Jack Darland, h. J. “Jack” Dane, Richard Davidson, Courtney Kay Decker, Ron Edwards, Marc Englemann, Tim Feeney, Chris Frederick, Kyle Fulcher, Cheryl Fullenkamp, Robert H. Gallagher, Robert S. Gallagher, Alicia Gieck, Michael Gorsline, April Gutting, Kevin Halligan, Jack Harris, Adam Humes, Steve Jacobs, Derek Jones, Jordan Kaplan, Jeannette Keller, Hany Khoury, Patrick Kelly, Lori Kiefer-Garrison, Michael Koury, Jr., Kimberly King, Dr. Andrea Kirsch, Dan Kresowik, Gary Lane, Lane & waterman, LLP, Matthew Leddin, Doug Lindstrom, Eric Long, Sandra Madsen, April Marshall, William McCullough, Jeff McDaniel, Elliott “Scott” McDonald, Wendy Meyer, Dave Millage, tommy Miller, John Moeller, Vince Motto, Kenza Nelson, Henry Neuman, Steve Newport, Tom Pastrnak, Maria Pauly, Robert

Phelps, Ben Patterson, Ted Priester, Diane Puthoff, Sy Raben, Ian Russell, Ben Samualson, Breanne Schadt, Tom Schebler, Doug Scovil, Kim Shepherd, Sharon Sinnard, Stanley, Lande, and hunter, Steven Stickle, Mark Tarnow, Robert Tappa, Don Thuline, Dave Treimer, Marlin “Hap” Volz, Jr., Joel Walker, Barb Wallace, Edward Wehr, Robert Weinberg, Teonta Williams, Jeffrey Wilson, Tom Wine, Steve Wing, Dawn Wolf, Tom Yeggy.SheLBy: William Early, Kathleen Kohorst.SIoUX: Missy Clabaugh.Story: David Dickson, Aaron Fultz, Robert Huffer, Christine Keenan, Jere Maddux, John Klaus, John Martens, John Timmons, Dario Zaffarano.taMa: Jared Bauch, Bruce Reinders, Allan Richards.waPeLLo: Robert Breckenridge, Michael Carpenter, Kenneth Duker, Philip Ferren, Cynthia Hucks, Timothy James, Joni Keith, Jeffrey Logan, ryan Mitchell, Michael Moreland, Allan Orsborn, Victoria Siegel, Heather Simplot, Sara Wenke, Paul Zingg.warreN: William Eddy, James Fowler.waShINGtoN: Christal Authur, Daniel Kitchen, Katie Lujan, Katie Mitchell, Jeffery Powell, Kathryn Salazar.wayNe: Alan Wilson.weBSter: Marcy Lundberg, Kurt Pittner, r. thoMaS PrICe, William Thatcher, Tito Trevino.wINNeBaGo: Daron Fritz.wINNeShIeK: James Burns, Timothy Lynch, Andrew Nelson, Laura Parrish Maki, David Strand, Andrew Van Der Maaten.wooDBUry: A. Frank Baron, Grant Beckwith, Marvin Berenstein, Matthew Connealy, James Daane, Robert Deck, Tod Deck, Ray Edgington, Michael Ellwanger, Douglas Flom, Wil Forker, Alan Fredregill, Jason Gann, Judith Garnos Huitink, Mitchell Herigstad, Karrie Hruska, Michael Jacobs, Melanie Liebsack, Rosanne Lienhard, Gregory Lohr, Robert Meis, Richard Moeller, Dan Moore, Jessica Noll, Barbara Orzechowski, James Redmond, angie Schneiderman, Suzan Stewart, Bruce Thomas, amanda Vanwyhe, Molly Williams, Kendra Zirbel Olson.worth: Jeffery Greve.


Pro Copy | 455 SW 5th Street, Suite A | Des Moines, IA 50309 | 515.243.1891 | 1.888.243.1891

Pro Copy | 8710 F Street, Suite 128 | Omaha, NE 68127 | 402.341.6400 | 1.888.341.6400

Litigation Support | Corporate Services


what’s your leadership legacy?(Editor’s Note: The following guest column on leadership legacy was written by Jann Freed and was published in the Des Moines Business Record on April 19, 2010. It is reprinted here with permission of the Des Moines Business Record.

Freed holds the Mark and Kay De Cook Endowed Chair in Leadership and Character Development at Central College in Pella. The column prompted some thoughts and questions by Bill Scherle, secretary of the Iowa State Bar Foundation. Those observations and questions follow the reprinted column.)

When should you start thinking about the legacy you are leaving as a leader? Profes-sional athletes almost have an advantage because they “retire” at a much younger age than most of us, and the media remind them of the legacy. One of our local heroes, Kurt Warner, announced his retirement from the National Football League by saying he knows what he wants his legacy to be: “It’s not the way I threw the football, it’s not particular games that I won, but that they remember that here’s a guy that believed, that worked hard.” But Warner will move on into another career, such as broadcasting or operating his family foundation.

Most people think about legacy at the end of their careers, as they near retirement. But Robert Galford and Regina Maruca, authors of “Your Leadership Legacy,” advocate that “thinking about your legacy now makes you a better leader today no matter how far you are from retirement.” Based on interviews with people at all levels of organizations — recently retired senior leaders, senior man-agers whose retirements were close, CEOs in midcareer and other leaders — Galford and Maruca believe we all should be engaged in legacy thinking: a forward-thinking tool that is counterintuitive compared with what we typically think about legacy work.

As Jim Louzes and Barry Posner state in their book “A Leader’s Legacy,” thinking about legacy encourages us to think about today’s actions in a larger context. Legacy thinking requires us to go beyond short-term thinking, because legacies include the past, present and future.

Whether we realize it or not, as leaders we are leaving a legacy through decisions we make and actions we take. Our legacy is revealed in how others who work with us, for us and beside us feel and think about us a a result of having been in our presence. And we leave our legacy daily.

Galford and Maruca use the analogy of a photomosaic, an image made up of many other tiny images. When viewed up close, it

is possible to see ech image on its own. But when viewed from a distance, all of the imag-es create a distinct whole image. If we imag-ine our own portrait made up of individual images — the faces of people who work for us, community connections, our customers, clients and patients, and others — the more consistent our leadership legacy, the clearer the larger image. The overall photomosaic is composed of our approach to leadership, how we treat others and what others think of how we are leading.

Dave Thomas, the late founder of the Wendy’s fast-food chain, was quoted as say-ing, “A reputation is earned by the actions you take each day.” It is important to remem-ber that leadership legacies are built by each decision and action or inaction on a daily basis. Even in these times when decisions are difficult, we still have control over how we make them and how they are communi-cated. Kouzes and Posner summarize it this

way: “The legacy you leave is the life you lead.” What is your leadership legacy?

How did you answer the question “What’s your leadership legacy?” Would you have liked to answer it differently? What changes can you make to answer it differently tomorrow?

Ms. Freed reminds us our legacies are a continual work in progress and our only control is the knowledge that our actions today will effect tomorrow.

The legacy of the Iowa State Bar Foundation has been built on the contributions of the ISBA members and the many projects funded by the foundation. Every ISBA member should periodically focus on the foundation’s legacy of gifts and giving and his/her contribution to that legacy.

If your personal legacy is defined by the life you live, enrich that legacy by committing to being a leader in your firm and the profession by actively contributing to the Iowa State Bar Foundation.


enhanced federal collection efforts under Medicare Secondary Payer Act could impact professional liability insurance coverage

Expect your professional liability insur-ance carrier to ask a lot more questions about clients who make bodily or personal injury claims in the near future.

The Medicare, Medicaid and SCHIP Extension Act (MMSEA) of 2007 requires insurance carriers to report more about claimants than they had to in the past. The penalty for a carrier who fails to comply with the Act is $1,000 per claim per day.

The enactment of MMSEA signals the government’s renewed interest in recovering money it has paid for its beneficiaries. It sets up a way to track and go after money it is already entitled to recover under the Medicare Secondary Payer Act (MSPA).

In many of the cases, the government is seeking recovery of its money from the contingency fee the attorney collected. This may raise coverage issues as most professional liability policies (including the ISBA-endorsed carrier policy) do not provide coverage for “return of fees.” It may also be questionable whether the alleged wrongful act is a “professional service” as it relates to the non-legal act of disbursing funds.

Though coverage may not exist it is im-perative that you report any sort of claim or potential claim to your broker and insurance carrier since coverage is very fact specific and may be available depend-ing on the specific allegations.

Liability is not limited to plaintiffs’ attorneys or insurance carriers. Defense attorneys have risk exposures too. Below are some risk management tips we hope you find helpful.

Plaintiff attorney risk Management tips:1. Make sure the client understands what

information will be sought and the repercussions of not providing it. This should be in writing and preferably in an engagement letter. Beneficiaries can obtain a printout of all Medicare payments made on their behalf at MyMedicare.gov.

2. Make sure that the client understands that a settlement may be delayed due to a Medicare/caid/SCHIP lien. A claim could be made by a plaintiff who had to wait 6-12 months for his/her settlement check alleging that the delay damaged them in some financial way. Manage

clients expectations with respect to this and make sure it is in writing so the client has no misunderstandings.

3. Require that Medicare/caid/SCHIP be a payee on the check if they are owed money. In the past, many plaintiff’s attorneys didn’t want to do this as it slowed down the process of getting the settlement money. However, now it is to a plaintiff attorney’s personal benefit to ensure that Medicare/aid/SCHIP liens are paid. If the attorney won’t agree to one check, then offer two, one payable to Medicare/aid/SCHIP that covers the estimated lien amount. Plaintiff’s counsel can hold the money in trust until he/she gets the final demand let-ter from Medicare. The second check can be made payable to plaintiff and plaintiff’s attorney.

4. Another potential pitfall for plaintiffs’ attorneys is if they do not fully explain their client’s obligations to Medicare/caid/SCHIP. For instance, if a settle-ment check is received by a plaintiff where there is a Medicare/caid/SCHIP lien and the plaintiff never reimburses the money owed, they could seek reim-bursement from the plaintiff. Plaintiffs

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may allege that they wouldn’t have accepted the settlement amount if they had known that some of it had to go to reimbursing Medicare/caid/SCHIP.

Similarly, if the plaintiff doesn’t reim-burse Medicare/caid/SCHIP and they decide to go after the insurance carrier, the insurance carrier may have a claim against the plaintiff and/or plaintiff’s attorney for penalties and any amount the carrier had to pay. Make sure the client understands that they personally have a reimbursement obligation and that their failure to do so could cause them to be sued. Again, this informa-tion should be in writing to the client.

Defense attorney risk Management tips:1. Make sure all settlement negotiations

and mediations take Medicare/aid/SCHIP issues into consideration.

2. Insist on Medicare/caid/SCHIP being a payee on any settlement check that has MSPA implications. Explain to plaintiff’s counsel why it is to their benefit to have the check this way. Two checks can be offered as a compromise (see Plaintiffs #3 above).

3. If an insurance defense attorney releases a check before getting an indemnification agreement from the plaintiff and/or his attorney and the plaintiff does not pay their MSPA obligation, the carrier could have a cause of action against the defense lawyer. An indemnity agreement may assist a carrier in bringing a cross-claim for indemnity against the plaintiff’s attorney and/or claimant.

4.Under the Act, the carrier is tasked with determining whether a plaintiff

is a Medicare/caid/ SCHIP recipient through Centers for Medicare and Med-icaid Services (CMS). This will be done through a query between the carrier and CMS. In order to do the first query five data points are needed: first name of claimant, last name, DOB, gender and social security number or Medicare health insurance claim number. The carrier and defense counsel will be dependent on plaintiff and plaintiff’s counsel to provide this information. If defense counsel fails to request or provide information, the carrier may be unable to timely fulfill its MMSEA obligations. Further, defense counsel’s failure could delay settlement causing the carrier to have to pay more.

5. Defense counsel should include inter-rogatories specific to the information needed to verify the plaintiff through CMS. By making them part of inter-rogatories, carriers can seek assistance from the court if plaintiffs do not com-ply with the requests. Some questions might be:

a. Have you ever received Medicare, Medicaid or SCHIP benefits?

b. Are you now or have you in the past used any aliases or names?

c. For purposes of compliance with MMSEA, what is your social security number and/or HICN

d. Are you or your spouse currently under Medicare-covered govern-ment employment?

6. Defense counsel should request certain documents as a part of formal written discovery:

a A Conditional Payment Summary (obtain consent form which allows Medicare to release information to defense counsel). A copy of any and all medical bills or universal claims forms relating to this or any other injury occurring in the last 10 years.

b. A copy of any and all correspondence you have had with Medicare/caid/SCHIP.

c. A copy of any and all conditional payment documents from Medicare/caid/SCHIP.

d. A copy of plaintiff’s Social Security card and/or Medicare beneficiary card.

Finally, visit www.msprc.info for more information about this topic and tools for attorneys including frequently asked questions, model language, interest calculators and more.

Robert E. TuckerPh.D, J.D.

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CorreCtion


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robert D. lambert and Clemens “Cal” A. werner, Jr. have joined the eastern Iowa firm, Stanley, Lande & Hunter, in an Of Counsel capacity.

robert has practiced law in the Quad Cities since 1977. He graduated from the University of Illinois with a B.A. degree in 1974 and received his J.D. degree from Drake University in 1977. He is admitted to practice in Iowa and Illinois courts, the Eighth Circuit Court of Appeals, Federal District Courts for Southern and Northern

Districts of Iowa and Central District of Illinois, and various U.S. Bankruptcy Courts. He has a general practice, including employment, real estate and

business law and general ligation. Prior to joining Stanley, Lande & Hunter, he was a partner in Bittner, Lambert & Werner.

Cal was born and raised in Davenport. He graduated from Middlebury College with a B.A. degree and from the University of Iowa College of Law in 1972 with a J.D. degree. He is admitted to practice in Iowa courts and has a general practice, including transactional and business law, estate planning and personal

client service. Prior to joining Stanley, Lande & Hunter, he was a partner in Bittner, Lambert & Werner (2000 to 2009) and Werner & Werner (1974-1999).

Jenna K. lain has joined Chambers & Relph Law Firm, P.C. in Corydon as an associate. Jenna graduated from Iowa State University in 2007 with a B.S. in Agricultural Business. She received her J.D. from Drake University Law School in 2009 and will engage in the general practice of law.

lance M. Gritters and william D. werger have joined the Waverly firm of Leslie & Collins as partners. The firm will now go under the name of Leslie, Collins, Gritters & Werger, PLLC.

Lance had been with Leslie & Collins since 2005, while William joined the firm in 2009.

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Second of two parts –How this solo practitioner solved the exchange of data between two offices 120 miles apartBy H. Edwin Detlie*

(Editor’s note: Last month Ed Detlie talked about the challenges of setting up a second office and installing a phone system that linked the two together so that clients couldn’t tell which office they were calling. This month, he discusses the data transfer equipment and programs he had installed to make that aspect of the practice work seamlessly as well.)

Sharing data between officesAnother consideration is the ability to

share data between offices. A law office in the 21st Century should consider having all records in digital form, organized by client and by case. Among other things, the firm doesn’t have to worry about lost files or data as long as a copy of the data is stored off-site. A digital file system requires scanners to save incoming records as PDF files, and requires a document management system to organize those records. That sounds more complicated than it is.

If you have a case management system, such as Time Matters®, Amicus Attorney,

Practice Master, Needles, PCLaw or other application, you should be able to save medical records, notices, forms, emails and letters to and from your office and other important records within that case manage-ment application. You can also consider a more sophisticated system such as Worldox, but that may be overkill for a small practice. There are online case management applica-tions, such as Clio and RocketMatters, and online billing programs such as Bill4Time, and the Mac case management applica-tions. As a rule, they are not as mature as the PC versions. That should change in the next few years.

When I looked for a consultant to help me accomplish the change, I wanted to find someone who knew networking and data sharing. The first consultant knew computers and servers, but did not know my needs as far as my case management software. I ended up finding a consultant who specifically knew TimeMatters software and also knew networking and data sharing.

His company knew what we would need to make that work in two locations. I believe that was a crucial decision as far as making the office work.

The equipment investment was substan-tial. Would I make the same decision again? Yes, I would. The person who set up the system traveled from Chicago to set up the hardware and software in both offices, and he is still available on relatively short notice. I have found that attorneys who have a complex computer setup almost always have access to experts who can remotely ac-cess their systems fairly promptly. I wouldn’t try doing this without that kind of expertise.

A simpler and less expensive solution is to simply access the main office remotely using GoToMyPC or LogMeIn. While those are both good solutions, they are only as reliable as the internet connection at both offices. If either connection has a problem, the remote office is down.

These days, however, investing in a fast, reliable internet connection is usually a


viable option, if you wish to consider it. It is cheaper, and less complicated, if a little less robust. It also doesn’t provide for offsite duplication of systems to protect against disaster, which is worth a good deal to me.

I started keeping files in digital form several years ago, and at this point virtually all of the cases are digital and available through TimeMatters® case management. I found a couple of years ago that it was easier to look up the information by sitting at the computer than to walk over to the file cabinet, look to see if the file was on someone’s desk, and see if the document had been filed or was being worked on by someone. Now, if I have a phone confer-ence with a client, I can look up his or her records, using the case management ap-plication’s document management system; it really doesn’t matter which office I am at.

Remote computing is coming of age, and it is possible to use a computer in your home office, even if you are in the remote office. Windows and Mac systems allow remote computing as part of the operating system, but GoToMyPC and LogMeln add a number of advantages to the computing experience.

LogMeIn allows you to choose to print to a printer in your home office or in your

remote office. However, we opted to set up mirrored servers, one in each office, with a VPN (Virtual Private Network) system to keep the servers updated almost im-mediately. Just as with the phone system, you need an expert who knows how to set things up and what to avoid. The expert also needs to be available down the road, on relatively short notice, so that your of-fice is not down. That has a great additional benefit: if one office suffers catastrophic damage, the office data, including the cal-endar and all the records, are still available in full at the other office.

If you prepare your own documents, such as correspondence and pleadings, it should be no problem to prepare them from a re-mote office, as long as you have a computer with the necessary applications on that computer. You should have the same equip-ment and software set up in both offices, so you don't have to change the way you do things when you are in the main office compared with the remote office.

One exception to having identical equip-ment is the printer. Like the telephone system, documents should probably be generated and sent from the main office, unless there is some urgency. You may want to add the ability to sign documents

from the remote office, and print them to the main office. Again, that is easier than it seems. You can scan your signature and add it to a letter. If you have a color printer, your signature can come out in blue, so that it appears more like a real signature. Years ago, I had my signature made into a TrueType font, and it works very nicely. There are places that offer to do the same thing, for about $10.

It is possible, using the VPN, for anyone in either office to use any printer in either office. If someone in the main office wants to send me an urgent note while I am on the phone, they can simply print it out on my printer in the remote office. That is more important than it might seem.

At this point, the remote office is up and running, and we are making up new solutions as we run into new challenges. That’s where the Tylenol and the sense of humor I mentioned in part 1 come in.

*H. Edwin Detlie is a solo practitioner in Ottumwa with a recently established office in Dexter. Admitted to the bar in 1976 after graduating from The George Washington University National Law Center in Washington, D.C., he practices mainly in the areas of Workers’ Compensation and Social Security Disability. He is beginning his second year as chair of the ISBA’s Law Practice Management Committee.

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POSITIONS AvAIlABleASSOCIATE ATTORNEY — Rush & Nicholson seeks an associate attorney to join its established, AV-rated practice in Cedar Rapids. We specialize in claimants ‘’workers’’ compensation and personal injury cases. The associate selected would be given responsibility for primarily workers compensation cases commen-surate with experience. Spanish language ability helpful. We offer an excellent professional environ-ment with opportunity for advancement. Contact Bob Rush at 319-363-5209 or [email protected] for information. (10-10)

aSSoCIate — Established AV-rated Quad City law firm seeks associate with at least one to five years ex-perience. Experience in litigation is preferred. Must be licensed in Iowa and Illinois or willing to become licensed in both states. Salary will be commensurate with experience. Send cover letter, resume and references in confidence to John P. Harris by email: [email protected] (10-10)

attorNey — Established AV-rated law firm in Burlington is seeking 1 to 2 attorneys. Some

experience preferred. This is a general practice firm, doing a wide variety of legal work. All inquiries will be kept confidential. Please submit resume and letter of application to: William J. Cahill, Hirsch, Adams, Putnam, Cahill & Wiley, P.O. Box 1105, Burlington, IA 52601; or email [email protected]. (10-10)

attorNey — A Sioux City law firm with a very suc-cessful regional practice in Iowa, Nebraska and South Dakota is seeking a litigation/worker’s compensation attorney with 1-4 years of litigation experience. The firm does primarily defense litigation and worker’s compensation. Excellent pay commensurate with experience and full benefits. Please send cover letter and resume to James Villone, Managing Partner, Klass Law Firm, LLP, 4280 Sergeant Road, Suite 290, Sioux City, Iowa 51106 or e-mail [email protected]. No telephone calls please. (10-10)

attorNey — The Department of Natural Re-sources has an opening for an Attorney 1 in the Legal Services Bureau. This position is responsible for providing legal services to Department staff, the Envi-ronmental Protection Commission, and to the public, primarily relating to the laws and rules governing the Environmental Services Division's underground storage tank, brownfields, and contaminated sites programs. The purpose of these activities is to secure and maintain compliance with the applicable laws and rules of these programs. Interested applicants must submit a State of Iowa application form for this position by 4:30p.m. on August 23, 2010. The full job posting and application forms are available from the Iowa Department of Administrative Services’ (DAS) web page at www.das.hre.iowa.gov, from any Workforce Development Center, or at the DAS-HRE office in Des Moines. Completed applications must be submitted through the DAS web page or faxed to DAS at 515-281-7970. You must include the Attorney 1 job title and job vacancy number #7858BR on all applications. In addition, please send a resume and cover letter to: DNR Hiring Coordinator, Iowa Department of Natural Resources, Wallace State Office Building, 502 E 9th Street, Des Moines, IA 50319 or email them to [email protected]. Please submit the resume and cover letter by the closing date. For more information about this position, contact Ed Tormey at 515-281-8973 or via email at [email protected]. The State of Iowa is an EEO/AA EMPLOYER. (10-10)

attorNey — Moore, McKibben, Goodman, Lorenz & Ellefson, LLP, a Marshalltown nine-attorney firm established in 1885 with an office in Montezuma, seeks an attorney with 2-5 years experi-ence in general practice with an emphasis in tax law preferred. All inquiries strictly confidential. Please submit resume, cover letter and references to Larry McKibben, P.O. Box 618, Marshalltown, IA 50158 or at [email protected]. (10-10)

aSSoCIate attorNey — Recent Iowa Law graduate with Master of Accounting degree looking for a position as an associate attorney with eastern or central Iowa law firm. Already a member of ISBA and ABA and successfully completed FAR section

of CPA exam. Primary areas of interest include both business-related litigation or transactional work. Interested in starting as soon as possible. Résumé, transcripts, writing samples, and references available upon request. Please direct all inquiries to The Iowa Lawyer, Code 061410, 625 East Court, Des Moines, IA 50309, or via e-mail to [email protected]. Please include code number on envelope if mailing and in subject line if e-mailing. All responses will be kept confidential. (10-10)

eXPaNDING Law FIrM — in North Central Iowa seeks two lawyers: (i) a business associate with a mini-mum of three years experience in corporate transac-tions, commercial law and real estate; (accounting undergraduate degree preferred); and (ii) a litigation associate with desire to handle jury trials. Successful candidates will be eligible to accomplish partner status in relatively short time. Compensation of both positions will equal desire to work hard. Please send resume, references and letter of interest to [email protected] or mail to: Peggy Lenz, Thul Law Firm, 5000 Thul Business Center, 405 Broad Street, P.O. Box 445, Whittemore, IA 50598 (9-10)

INJUry attorNey — Well established Central Iowa law firm looking for a full-time attorney with 1 to 3 years of experience to work in our Newton Office. Prior work doing car accidents, work injuries and other injury cases is preferred. Candidates must have a commitment to always keep learning, a burning desire to succeed, along with organizational and time management skills. Benefits include salary plus incen-tive pay, 401(K), profit sharing plan, vacation, health insurance, etc. Do not send your resume by mail to PO Box 157 Newton, Iowa 50208. Please send a one page letter by fax to 641-792-0289 Attention: Human Relations Manager with your name, address, phone number and email with your signature indicating that you meet the above requirements. Also, include 2 paragraphs with 4 sentences each telling us why you are the person for the job. Go to www.IowaInjured.com to learn more about our firm. (9-10)

trUSt oFFICer — American Trust & Savings Bank has an opening for a Trust Officer in its Dubuque office. Preferred candidates will have a Juris Doctorate (JD) and 3-5 years of legal, estate and financial planning, or trust administration expe-rience along with an understanding of investments. This candidate must be motivated and independent in addition to possessing excellent communication skills. American Trust focuses on building stable, long-lasting relationships and has received excellent ratings regarding client satisfaction. This position offers a competitive salary and attractive benefits package. Interested candidates should send resumes to [email protected] or mail a resume to: American Trust, 895 Main Street, Dubuque, IA 52001, EOE. (SE)

CAreer CeNTerare yoU SearChING for a new associate or law partner? Are you looking for a different full- or part-time position? Go to www.iowabar.org and click on the ISBA Career Center. (TF)

exPerTSarChIteCtUre aND CoNStrUCtIoN eXPert wItNeSS — Architect, and Contractor, 34 years experience. Available to assist plaintiff or defense attorneys. Specializing in:• Building Codes Uniform Building Codes (UBC, UMC, UPC, UEC, UFC) – Americans with Disabilities Act (ADA) – OSHA – International Building Code (IBC) – Life Safety Code (NFPA 101) – Council of American Building Officials(CABO)

PUBLISHER’S NOTE: E-mail submissions to the CLASSIFIED ADVERTISING section are requested. They save keystrokes, thus cutting down on our production time, and help to assure accuracy. Please follow the style of the ads appearing here, indicate the classification where you want your ad to appear and state how long the ad is to run. Each ISBA member of a private law practice receives two free insertions annually. Corporate and government attorney members of the association receive the same free privileges for their business, non-employer-related ads. If you have questions, call Steve Boeckman at 515-243-3179. E-mail your copy to [email protected]. The number appearing in parentheses after each ad is not a box number. It indicates the date the ad will be pulled from the magazine. (TF) indicates the ad will run until we receive instructions to pull it. Deadline for submissions is the first of the month prior to the month of publication.COMMERCIAL ADVERTISERS: For rates, or to place an ad, contact Alex Larson (515) 238-4406; [email protected].

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MISCellANeOuSNotICe: — MeDICaID reCoVery ProGraMS: Casualty Lien recovery – Iowa Code 249A.6 provides that the Iowa Department of Human Services has a lien against the recovery recipients obtain from third party tortfeasors. An attorney representing an applicant for, or recipient of, assistance on a claim upon which the department has a lien under this section shall notify the department of the claim. For further information, contact Michelle Greethurst, 515/256-4620. estate recovery — Iowa Code 249A.5(2) provides that the provision of medical assistance creates a debt due the department from the individual’s estate for all medical assistance provided on the individual’s behalf for those recipients 55 years of age or older or a resident of a facility. The personal representative or executor may be held personally liable for the amount of medical assistance paid on behalf of the recipient if a distribution is made without having executed the obligations pursuant to section 633.425. For further information, contact: Ben Chatman, 888/513-5186, 515/246-9841, www.iowa-estates.com. (SE)

OffICe furNITure For SaLe — Antique S-top roll top desk. Solid golden oak, paneled pedestals, interior

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OffICe SPACe AvAIlABle oFFICe SPaCe aVaILaBLe — Excellent small firm location on 50th Street in West Des Moines, 100 yards from I-235 entrance. Space is 2,118 square feet with six offices, reception area and large conference room. For information, please call Laurie at (515) 223-6600. (SE)aNKeNy – attorNeyS — Office space available in established law offices in the Uptown Ankeny business district. Shared services available include receptionist, copy and fax machine, and high speed internet. Con-ference room and kitchen included. Easy ground level access for clients and free client parking. Available immediately. Call 515-963-1000 or email: [email protected]. (SE)

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ISBA’s new vice presidentfamily, cooking, gardening, art, interior design, architecture are favorite pastimes outside of the law office

The ISBA membership recently elected Cynthia (Cindy, as she prefers to be called) Moser as the bar’s vice president for Fiscal Year 2010-2011. Assuming she is elected as president-elect next spring, she will become the association’s 126th president — and its third female president.

Recently we asked Cindy, who is a partner with Heidman Law Firm, LLP in Sioux City, to tell us a little about herself as a way of letting you get to know her better. Following are her answers to the questions we asked:

Q: why did you become a lawyer?a: I didn’t grow up knowing I wanted to be a lawyer. In fact, when I entered law school I knew very little about the law and next to nothing about what it meant to be a lawyer. I received a liberal arts degree in history and political science and realized fairly quickly that I probably needed an advanced degree of some sort in order to be gainfully employed. I took the LSAT and applied to law school largely because a college profes-sor encouraged me to consider a career in law and it seemed like an interesting chal-lenge. It has definitely been that!

Q: how has the motivation to become a lawyer changed over the years — if it has changed?a: The intellectual challenge of practicing law is certainly the same, and that is part of what keeps me motivated. The satisfaction of helping clients, of working through difficult issues and achieving a good result are also great motivators.

While the motivation to be a lawyer hasn’t changed all that much, the way in which lawyers practice has changed dramatically since I was admitted to the bar, largely due to the explosion of technology, but also as a result of changing demographics within the legal profession. The trend toward viewing the practice of law as a business rather than a “learned profession,” increas-ing competition from within and outside the legal profession, the decline in civility and collegial relationships and expanding regulation of the profession have altered the landscape significantly.

Q: after 33 years as an attorney, what

have been some of the highlights you’ve experienced in your career?a: My first job after graduating from law school in 1977 was as a law clerk to the Hon. William C. Stuart, then the Chief Judge for the U.S. District Court, Southern District of Iowa. Judge Stuart was a gifted jurist and is one of the finest human beings I know. The opportunity to start my legal career working in his chambers was a tremendous professional experience and a definite highlight.

Over the years, my practice has evolved. For the last 20 years or so, I have practiced primarily in the area of health law and I’ve had the pleasure of working with many talented and dedicated hospital and clinic administrators, physicians, nurses and other health care providers. I have dealt with some fascinating medical-ethical issues and watched the practice of health law develop into a bona fide area of specialization within the law. I have had wonderful partners and mentors who have supported and guided me throughout my legal career.

Q: what have been some of the frus-trations, or things you would do differ-ently in hindsight?a: In hindsight, I wish I had taken advan-tage of the joint degree program offered by the University of Iowa and pursued a master’s degree in health administration at the same time I received my law degree.

Cindy at her desk at the Heidman Law Firm in Sioux City. One of her passions is decorating. (Photo by Joe Moser)

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Q: what areas of the law do you practice in primarily?a: I spend the majority of my time prac-ticing in the area of health law, primarily representing hospitals and physician practices, but I also do business and trans-actional work and employment law.Q: how did you gravitate to those areas?a: I was fortunate in that I was encouraged by my partners over the years to try many different areas of the law. During the farm crisis of the 1980s, I did a lot of debtor-creditor and bankruptcy work. Over time, however, I started doing more and more work for health-related clients and ulti-mately found my niche in the health law arena. I am particularly drawn to that area because I am fascinated by the dynamics of our health care system and enjoy working with health care professionals.

Q: why did you want to become an officer in the ISBa?a: Active involvement in The Iowa State Bar Association has been a recurring theme in my professional life since 1979. Over the years, I have had the opportunity to serve on a number of ISBA committees and task forces, as well as on the Board of Governors. Those experiences gave me a deep appreciation for the many contribu-tions and services provided by the ISBA to its lawyer members and the citizens of the State of Iowa.

The role of the Iowa State Bar Associa-tion is even more crucial during these times of unprecedented challenges to our judicial system and the legal profession and I hope that, as an officer, I can help meet those challenges.

Q: what do you hope to accomplish during the two years in the officer ranks leading up to your year as president, assuming of course

that the members elect you to the president-elect position next year?a: My primary goal as an officer and, ultimately, as the president of the ISBA is to insure that Iowa’s legal system remains open and accessible to all, and that law-yers have a meaningful voice in determin-ing if and how changes should be imple-mented. The Iowa State Bar Association must continue to provide added value to its members, so I will also focus on mak-ing certain that the ISBA remains relevant and that the programs and services we offer enhance and improve the profession-al lives of Iowa lawyers. I am convinced that we have the best bar association in the country and I will do my best to see that it stays that way.

Q: what would you say are the strengths of the ISBa?a: The greatest strength of The Iowa State Bar Association is its commitment to provide value to its members. The ISBA offers numerous member services, including IowaDocs; the Fastcase legal research engine; helpful list serves and practice guides in a number of substantive areas of the law; access to civil and criminal jury instructions, Title Standards and worker’s compensation decisions; outstanding CLE programming, including con-venient and low cost telecon-ferences and webinars; public relations initiatives that edu-cate the public and promote the legal profession; and office management tools including conference calling capabilities, credit card processing services, group health and professional

liability insurance plans, and website devel-opment assistance.

In addition, the ISBA is instrumental in developing proposed legislation and lob-bying for legislation that serves the public interest. The association has fostered a healthy and mutually respectful relation-ship with the judicial branch which has been and will continue to be extremely important as we face increased budgetary and political challenges.

Q: how about areas that could use some improvement?a: The ISBA needs to make certain it is relevant to all its members, regardless of their practice setting or location. I think

The library at the Heidman Law Firm in Sioux City provides an excellent spot for reading and thinking. Several years ago, the firm purchased an old building in an up-and-coming area of the city and refurbished it. (Photo by Joe Moser)

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we could do a better job of responding to the unique issues faced by lawyers who practice in small or solo firms and/or are located outside of Iowa’s larger urban areas. There may also be opportunities to support lawyers who are in public service or work as in-house counsel that have not been adequately explored in the past.

Q: what kinds of community activities are you involved with?a: I currently serve on several boards in Sioux City, including the boards of Morningside College, Girls, Inc., the Mercy Foundation, and the Mercy Child Advocacy Center. In addition, I chair the Academic Affairs Committee at Morningside College and serve on the Mercy “Women’s Night Out” Committee. In the past I have been very involved with the Sioux City Art Center and our local public radio station, KWIT-KOJI.

Q: why those particular activities?a: It may sound trite, but it is very important to me to give back to the community that has given so much to

my family and me. Each of the activities I am involved with reflect a personal interest, whether it’s education, children or the arts. My involvement with these organizations and the causes they sup-port has enriched my life far more than I have contributed to them.

Q: how do you like to spend your free time? hobbies? etc.?a: I have a great family and spending time with my husband and kids is as good as it gets! Beyond that, I enjoy cooking and gardening and anything related to art, interior design and architecture.

Q: why those activities?a: They feed the creative side of my personality. It is very relaxing and rewarding to do something that produces a tangible — and hopefully beautiful or delicious — result you can share with your family and friends.

Q: on a personal note, where were you born and raised?a: I was born in Belmond, and raised in Kanawha, a small town in the north cen-tral part of the state. My family moved to Orange City between my freshman and sophomore years in high school and I consider Orange City my hometown.

Q: how many brothers and sisters, and where are you in the birth order?a: I have two sisters, Nancy and Sue. I’m the middle child.

Q: what is your husband’s name, and what does he do?a: Dan Moser. He retired from the Iowa Division of Criminal Investigation in 2007, after 31 years of service as a special agent. He currently heads the Special Investigations Unit for Great West Casualty Company, a large insurer of the trucking industry.

Q: how many children do you and your husband have, what are their ages and where are they in life? a: We have two sons, Joe and Evan. Joe is 24 and just completed his second year of law school at the University of Iowa College of Law. Evan is 19 and currently works for American Pop Corn Company in Sioux City.

Gardening provides a source of satisfaction for Cindy. Here she waters a pot of day lilies on the steps of her home. (Photo by Joe Moser)

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