2010 July-August Iowa Lawyer

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2010 July-August Iowa Lawyer Magazine

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  • Volume 70 Number 7 July/August 2010THE

    Receiving the ISBAs highest honor Award of Merit

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

    Receiving the ISBAs highest honor Award of Merit

    CONTENTS

    AbOUT THE cOvErPaul Tyler receives the crystal Parthenon

    from outgoing President Jane Lorentzen as the recipient of the ISBAs highest honor its Award of Merit during the Presidents 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

    Presidents 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 ISBAs 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

    Whats 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) ......... 312010 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 alex@larsonent.com, 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 sboeckman@iowabar.org. Please include your daytime phone number should we need to contact you with an answer or for verification. Executive Director Dwight Dinklas electronic mail address is ddinkla@iowabar.org. Assistant Executive Director Harry Shipleys address is hshipley@iowabar.org.

    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 Presidents 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

    years 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 Iowas 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

    2 x 2

    THE ONLY MALPRACTICE INSURANCE PROGRAMENDORSED BY THE IOWA STATE BAR ASSOCIATION

    such as model letters, rules & statutes, summaries & decisions, and law firm self-audits

    in the Member Benefits section

  • the Iowa Lawyer July/August 2010 5

    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 com- ments 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 ISBAs plebiscite.

    I encourage you to support IFICs efforts. It is identifying a speakers 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 info@protectiowacourts.org 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 states budgets 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, courts 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

  • the Iowa Lawyer July/August 20106

    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 Generals 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 BOGs 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-fertys work with the Task Force for the Enhanced Delivery of Legal Services Throughout the State of Iowa. Following the vote, Rafferty reported to the...