Iowa Lawyer, Mandatory Mediation Article.pdf - Mediate.com

THEVolume 64 Number 7 July 2004IOWA LAWYERALSO IN THIS ISSUE– Volunteering saves society & lawyers who do it– Mandatory mediation’s myths challenged– ISBA VLP broadens mission as PSP

THEIOWA LAWYERVolume 64 Number 7 July 2004Published at 521 East LocustDes Moines, Iowa 50309Charles Corcoran, Editor515-243-3179THE IOWA STATE BAR ASSOCIATIONOFFICERS 2004-2005President, Nicholas Critelli, Jr.President-elect, J. C. SalvoVice President, Marion BeattyImmediate Past President, Kevin CollinsExecutive Director, Dwight DinklaTHE IOWA LAWYER(ISSN 1052-5327) is published monthly by The Iowa State BarAssociation, 521 East Locust, Des Moines, Iowa 50309.Subscription included in membership fee. Non-members, $30per year. Periodicals postage paid at Des Moines, Iowa.Postmaster: Send address changes to The Iowa Lawyer,521 East Locust, Des Moines, IA 50309.The Iowa Lawyer is printed by Colorfx, 10776 Aurora Ave.,Des Moines, IA 50322. Telephone (515) 270-0402.Art Director: Peggy CardClassified AdvertisingQualifying ISBA members – 2 months free; $70 thereafterNon-members – $110 per column inch per insertionSee classified section for details.For Display Advertising RatesContact David R. Larson (515) 440-2810; or write:The Iowa Lawyer, c/o Larson Enterprises, 909 50th St.,West Des Moines, IA 50265.Communicating with The Iowa Lawyer online:Send your comments and Letters to the Editor toccorcoran@iowabar.org. Please include your daytimephone number should we need to contact you with ananswer or for verification. Executive Director DwightDinkla’s electronic mail address is ddinkla@iowabar.org.Assistant Executive Director Harry Shipley’s address ishshipley@iowabar.org.President’s Letter – Critelli . . . . . . . . . . . . 4Midwest ABA/YLD Conference featureswhistleblower . . . . . . . . . . . . . . . . . . . . . 5Members get direct line to Nick’s ear . . . . 5Iowan Rowley stood up and shouted . . . . . 5Mooy played role in Oklahomamassacre trial . . . . . . . . . . . . . . . . . . . . . 6Leveritt puts real life thrillers on paper . . . 6Ethics Opinions . . . . . . . . . . . . . . . . . . . . . . 7Midwest Regional Conference Schedule . . 8ISBA’s VLP becomes aPublic Service Project. . . . . . . . . . . . . . . 9Gen. Tymeson thanks Associationmembers in person . . . . . . . . . . . . . . . . 11Myths about mandatory mediation– Sovern . . . . . . . . . . . . . . . . . . . . . . . . 12CONTENTSJames honored as amicusto high court . . . . . . . . . . . . . . . . . . . . . 14Volunteering’s rewards wider thanyou imagined – Ryan. . . . . . . . . . . . . . 15Law clerk reaps unimagined benefits– Svec-Carstens . . . . . . . . . . . . . . . . . . 18Lawyer Discipline statistics 2003-2004– Bastemeyer. . . . . . . . . . . . . . . . . . . . . 20Attorney Disciplinary Cases . . . . . . . . . . . 20Transitions . . . . . . . . . . . . . . . . . . . . . . . . . 22Grab the keys, plug into YLD this year. . . 23Classified Advertisements . . . . . . . . . . . . 25Okoboji delivers sun, fun andseminar CLE, too . . . . . . . . . . . . . . . . . . 29Continuing Education Calendar– July-December . . . . . . . . . . . . . . . . . . 30Lienhard’s office overrun by fuzzycritters for kids . . . . . . . . . . . . . . . . . . . 31Golf Tourneys– July 12 and August 13 . . . . . Back CoverABOUT THE COVERThree fascinating speakers headline theABA/YLS Midwest Regional ConferenceSeptember 16-18 in Des Moines. FBI SpecialAgent Coleen Rowley, who tried to roust thelethargic bureau before 9-11, creative writerJohn Mooy who wrote opening and closingprosecutor arguments in Terry Nichols’federal trial for the Oklahoma City bombingthat killed 168 persons and Mara Leveritt,writer of non-fiction thrillers based on bizarrecases will appear. These timely and topical talkswill have you hanging on every word ... andthere are entertainment and CLE credits, too!OFFICERSNicholas Critelli, Jr., presidentDes Moines 515-243-3122J. C. Salvo, president-electHarlan 712-755-3141Marion Beatty, vice presidentDecorah 319-382-4226Dwight Dinkla, secretaryDes Moines 515-243-3179Kevin Collins, immediate past presidentCedar Rapids 319-365-9461DISTRICT 1AWilliam Werger Manchester 563/927-5920Stephen Juergens Dubuque 563/556-4011DISTRICT 1BGeorge Weilein Waterloo 319/233-6163Timothy Sweet Reinbeck 319/345-6496DISTRICT 2APhilip Garland Garner 641/923-3792Thomas Lawler Parkersburg 319/346-2650DISTRICT 2BSteven Hendricks Fort Dodge 515/576-4127Joel Greer Marshalltown 641/752-5467Jim Robbins Boone 515/432-7114DISTRICT 3AA. David Bibler Algona 515/295-3565Randy Waagmeester Rock Rapids 712/472-3777Iowa State Bar Association Board of GovernorsDISTRICT 3BJames Lohman Denison 712/263-4627Dan Moore Sioux City 712/252-0020DISTRICT 4Charles L. Smith Council Bluffs 712/325-9000Alan Anderson Logan 712/644-2485DISTRICT 5AJohn Powell Perry 515/465-4641DISTRICT 5BElisabeth Reynolds Osceola 641/342-3423DISTRICT 5CPaul Tyler Des Moines 515/246-4513Frank Carroll Des Moines 515/288-2500Sara Sersland Des Moines 515/283-3100Mark Hanson Des Moines 515/288-6041Jane Lorentzen Des Moines 515/244-0111Elizabeth Kennedy Des Moines 515/246-0356Joseph Van Winkle Des Moines 515/243-1000Mike L. McEnroe West 515/267-9000Des MoinesMichelle McGovern Des Moines 515/281-6620Susan Low Des Moines 515/283-4072DISTRICT 6Timothy McMeen Marengo 319/642-5521James Craig Cedar Rapids 319/366-7331Marsha Bergan Iowa City 319/351-5193Marsha Beckelman Cedar Rapids 319/297-7515Christine Luzzie Iowa City 319/351-6570DISTRICT 7Gerald Denning Wilton 563/732-2666Robert Waterman Davenport 563/324-3246John Kies Maquoketa 563/652-3214DISTRICT 8ARick Lynch Bloomfield 641/664-1997John Morrissey Fairfield 641/472-3144DISTRICT 8BRoger Huddle Wapello 319/523-4221IOWA JUDGES ASSOCIATION REPRESENTATIVE:Honorable Stephen ClarkeImmediate past presidentEX-OFFICIO MEMBERS:James Carney (legislative counsel)Des Moines, (515) 282-6803ABA DELEGATES:David Funkhouser Mason City, 515/423-6223David Brown Des Moines 515/244-2141Jay Eaton Des Moines 515/832-6565YLD OFFICERS:Joseph T. Moreland, presidentIowa City, 319-337-9606Matthew Preston, president-electCedar Rapids, 319-866-9277Jen Bries, secretaryWaterloo, 319-234-2638Aaron Oliver, immediate past presidentDes Moines, 515-244-2141

THE PRESIDENT’S LETTERLife in atwo-lawyer BarAssociationorientedhouseholdcan be very interesting.Instead oftalking abouttheater, cuisine, orthe myriad otherNicholas Critelli, Jr.topics that engagemodern couples,Lylea and I talk about Bar issues. Theother morning I was complainingabout the newest lawyer joke on latenight television when she stormed outof the room. Thirty minutes later shereturned brandishing the followingarticle. Thus, the first President’s letteris written by the 1989-1990 Presidentof the YLD, my wife Lylea -Have you heard any good lawyerjokes lately? “What do you call a deadlawyer?” Do you think you know theanswer to this one? You might well besurprised! Dead lawyer jokes have beenaround longer than we care toacknowledge. In Hamlet King ofDenmark, William Shakespeare breathesearly life into lawyer bashing. Hamletthrows a skull into the air declaring,“There’s another, why may not bethe skull of a lawyer? Where be hisquiddities now, his cases, his tenures,and his tricks?” You can almost hearthe laughter pouring from the OldGlobe Theater. Lawyer jokes arenothing new and we have not dealtwith them well. The time has come totake a new approach.Midsummer’s Night Dream: Pluck, “Ifwe spirits have but offended, think butthis and all is mended. That you havebut slumbered here.” As a profession,we do continue to slumber. But nomore! The time has come to questionwhy we tolerate lawyer jokes and lawyerbashing. Perhaps we view the entireprocess as harmless. But is it? Trysubstituting any group of humans forthe word lawyer in lawyer jokes, if youdare. Would the rest of society considerthe joke harmless? Why do we willinglyallow our profession to be positionedat the lowest point on the politicallycorrect scale?King Henry VI, Scene II, on theoccasion of discussing the overthrowof The king with the rebel Jack Cade,Dick the butcher adds to the plot,“First we must kill all of the lawyers.”Perhaps we listen to lawyer jokes andlaugh to show that as a profession wehave a sense of humor.Perhaps we have allowed ourselvesto believe that we must have insultingjokes about someone, so why notlawyers? If this is indeed the case,should we not have jokes about allprofessions in our society? The fact thatwe don’t reveals the fallacy. Of courselawyers should have a sense humor, butnot at the expense of the profession.You are a member of an ancient andrespected profession. Protect andcherish your calling as a lawyer. Untilyou do, no one else will.Or is it that we say nothing for fearof offending or embarrassing thejokester? But what about the offense tothe profession? What would AbrahamLincoln, Thomas Jefferson, St. ThomasMore, or your career mentor say if theyheard the joke? Worse yet, what wouldthey think if they witnessed your silencein the face of such offensive humor?Perhaps we think that one little lawyerjoke is harmless. Think of the lawyerjoke as a harmless little dandelion inthe sea of fresh summer grass. Whatharm is one innocent little yellowflower? The harm is not in the oneflower but rather in the quantity ofseeds which it will soon produce.Where there is one there will soon bemany. If left unchecked they will soonconsume the lawn. In the samemanner, unchecked lawyer jokes haverapidly turned into lawyer bashing.Recently, in a restaurant, I overhearda husband tell his wife and son that theneighborhood was in jeopardy because,“There are too many lawyers movingin.” One man’s opinion now becomesthree people’s opinions.Fear not my fellow lawyer for this isthe year that we start to take back ourprofession. Before we can change theopinion of others, we must change theopinion that we hold of ourselves. Nolonger do we have the luxury ofbelieving that lawyer bashing is anecessary part of the profession. Wemust start a grassroots effort to changethe public opinion of lawyers. So backto the dead lawyer jokes:What do you call a dead lawyer?Answer: Thomas Jefferson,Abraham Lincoln,Clarence Darrow,Sir Thomas More.Use your imagination, thepossibilities are endless.IOWA STATE BARASSOCIATIO N4 THE IOWA LAWYER July 2004

COVER STORYFBI “whistleblower,” native Iowan Coleen Rowley, a Midwestconference highlight here in SeptemberIowans host 2004 ABA/YLD Midwest Regional in Des MoinesBy David Bright*Time picked her as one of its Persons ofthe Year in 2002 because she blew thewhistle on an apparently inattentive FBI,her employer for a number of years.Special Agent Coleen Rowley is one ofthe headliners for the Midwest RegionalABA/YLD Conference hosted by theISBA’s Young Lawyer’s Division September16-18 at the Marriott Hotel downtown.The Midwest Regional features informativeprograms presented by dynamic,nationally-known speakers, the chance tomeet other regional YLD members, and torelax and enjoy some Des Moinesnightlife. Following on the heels of theISBA Annual Meeting, the MidwestRegional promises to be a full-featuredMembers get a “DirectLine” to the president’s earBeginning July 2, ISBA members got aDirect Line to President Nick Critelli!From now on during Nick’s presidency, the firstFriday of every month at 12:15p.m. for close to an hour orso, members can call Nick’s“members’ party line” andtalk with the president.He wants to hear “youropinions, comments,criticism, maybe an occasionalcompliment,” he said. He wants toknow how he’s doing or what you think heshould be doing.The first Fridays are July 2, August 6,September 3, October 1, November 5 andDecember 3, 2004 and January 7,February 4, March 4, April 1, May 6 andJune 3, 2005.The setup is just like a conference call –At 12:15 p.m., dial 800-503-1676. Whenprompted, enter 701884“We will brief you on Bar activities and projects andhow they affect your practice,” Nick said. “If there isanything I or Bar staff can do to help, please let usknow. We want to hear from you.”event you cannot afford to miss.The conference kicks off at 7 p.m.Thursday, September 16, with attitudeadjustment at Papa’s Planet in Des Moines’Court Avenue District. Home to a numberof brew pubs, bars and restaurants, the districtis part of the revitalization of downtownDes Moines. Papa’s Planet is right inthe center of it all! In anticipation of thelarge turnout we anticipate for theMidwest Regional, Papa’s Planet has beenreserved exclusively for conference attendeesand their guests. Put your dancingshoes on and get ready to give your mind arest.On Friday morning, September 17, acontinental breakfast is offered from 8:30-9 a.m. CLE Programs run from 9 a.m. tonoon. Included are “Advocacy & the Art ofStorytelling” with headliner John MooyIowan Rowley’s ethics made her standup and shout!Coleen Rowley may be best known for her“whistleblower” activities after September 11,2001, but her career involves years of service toher country in the FBI. In her appearance inDes Moines she will approach her life andthose of Midwest Regional attendees from theviewpoint of an ethicist.Coleen earned a B.A. from WartburgCollege in Waverly in 1977, graduating summacum laude. She earned a J.D. with honors fromthe University of Iowa in 1980 then beganservice in the FBI in January, 1981, stationed inOmaha, Nebraska, and Jackson, Mississippi.After three years in those offices, she was assigned to the New York office, whereshe worked on organized crime cases, including the Colombo Family and the “PizzaConnection” cases. In 1990, she was transferred to the Minneapolis office as principallegal advisor, where she continues to serve as an FBI special agent.Senator Chuck Grassley of Iowa, long a critic of the Bureau’s inefficiencies, callsher a “patriotic American.”Rowley’s presentation, Friday at noon over lunch, will be a highlight of the MidwestRegional, focusing on “National Security v. Individual Rights.”“Leading ethicists theorize that much of ethical decision-making can be reducedto sorting out and/or picking one’s way through competing loyalties,” Coleen says,“...it’s important for young attorneys to understand this dynamic and to appreciatethat many ethical dilemmas cannot and should not be answered solely by referenceto the set of rules developed specifically for the legal profession but by broaderconcepts of ‘universal’ ethics.”Rowley looks forward to another visit to her home state of Iowa. She has spokenpreviously to groups at her alma mater, the University of Iowa College of Law,on civil liberties, and to students in her hometown of New Hampton on characterand integrity.Information taken from resume provided by Coleen Rowley.THEIOWA LAWYER July 2004 5

COVER STORYand “Marketing for the Young Lawyer”with ISBA President Nick Critelli.Over lunch on Friday, FBI Agent ColeenRowley will discuss “National Security v.Individual Rights.” With the events ofrecent years across the globe, what she hasto say should be interesting and possiblycontroversial, so be sure not to make otherplans for lunch!Friday afternoon continues with additionalCLE programs, including “Devil’sKnot & Evidence Issues” with MaraLeveritt and Emily Hughes, and “EthicsJeopardy” with Iowa Supreme CourtJustice Michael Streit.The day winds down with a receptionand dinner with entertainment providedby Flip Side, Des Moines’ premier 70’s and80’s dance band. The annual Leisure Suitsand Leg Warmers Ball will not be held thisyear, so this will be your annual chance tokick up your heels and relive your youth!On the morning of Saturday, September18th, another continental breakfast will beheld from 8:30-9 a.m. before the AffiliatePrograms begin. These programs runfrom 9 a.m. until noon, and will includepresentations on the “We the Jury Project”,“Affiliate Assistance Subject” and“Planning for YLD Success.” This lastprogram will be presented by Alan Olson,Former ABA/YLD President.The Midwest Regional wraps up at noonon Saturday, September 18, but save timeto see what else Des Moines has to offer.There are many places to visit, includingthe Des Moines Art Center – http://www.desmoinesartcenter.org/, Blank Park Zoo– http://www.blankparkzoo.com/default.asp and Des Moines BotanicalCenter http://www.desmoinesbotanicalcenter.com/ For more information onwhat to do and see in Des Moines, seehttp://www.desmoines.com/cities/desmoines.aspThe YLD and ISBA encourage all YLDmembers to attend. If you have anyquestions about the event or the YLD,please feel free to contact YLD PresidentJoe Moreland at moreland@hhbmlaw.comWe look forward to seeing all of you.*David is a graduate of the University of Iowa(B.S. 1992, J.D. 2001) and is an associate withMeardon, Sueppel & Downer P.L.C. in IowaCity. David is chair of the YLD PublicityCommittee.Mooy deeply involved in Oklahoma City bombing trialJohn Mooy is a speaker, educator, author and songwriter who isanother conference headliner.He was a consultant to the Department of Justice in the trial ofOklahoma City bombing co-conspirator Terry Nichols, and craftedboth opening and closing arguments for the prosecutors.Mooy also created a best-selling video called “Advocacy and theArt of Storytelling” for the National Institute of Trial Advocacy,where he also teaches attorneys to enhance their courtroom presentationswith storytelling.“Each person is a story. Each story is unique. Stories change lives. We listen in stories,we speak in stories and we make sense of the world in stories. How do you wantyour story to read?” John Mooy will help you to answer this question with hispresentation on “Advocacy and the Art of Storytelling.”Information taken from web site of Edco Publishing, Inc.Leveritt pens real life thrillers that grab readersMara Leveritt is an investigative reporter, columnist andcontributing editor to the Arkansas Times.She writes thrillers based on real cases, focusing on the UnitedStates legal system and how it has been affected by drug laws.Both of her books, The Boys on the Tracks and Devil’s Knot, havewon Arkansas’s prestigious Booker Worthen Prize. She was alsonamed Arkansas Journalist of the Year in 1994 by the Universityof Arkansas.Leveritt is now at work on her third book. Her previous bookshave been described as “Exhilarating, eye-opening, thought-provoking....” and “In thebest tradition of crime journalism....”Mara Leveritt will discuss “Devil’s Knot & Evidence Issues” with Emily Hughes, astaff attorney for the Center for Justice in Capital Cases at DePaul University Collegeof Law.Information taken from information provided by Mara Leveritt and maraleveritt.comTest Your Knowledge of Professional Liability InsuranceBy Mary E. Whisenand*Circle your response based on the coverageyou currently carry. See Answers on page 24.1. All insurance carriers offer the same coveragefeatures. True False2. I am always covered for legal services, evenwhen I’m talking to my neighbor across theback yard fence. True False3. All former members of the firm are coveredby my policy even after they have left thefirm. True False4. My paralegal and secretary are also coveredfor the work they perform. True False5. Full Prior Acts coverage means insuring allof the legal services I’ve ever performed.True False6. When I leave one firm and go to another Ineed to buy a tail. True False7. When an attorney joins my firm I can’t besued for work they did at another firm.True False8. As a solo practitioner I should always havea back up attorney in case I suddenly couldnot practice law. True False9. Insurance carriers have a duty to defendthe firm until coverage issues are resolved.True False6 THE IOWA LAWYER July 2004

Ethics Opinions04-05 CONFLICTS: REPRESENTATIONOF RESPONDENT IN A DISCIPLINARYPROCEEDING BY THE PARTNER OF AMEMBER OF THE ETHICS BOARDThe lawyer/respondent in a disciplinaryproceeding has asked you to representhim in a complaint by the Iowa SupremeCourt Board of Professional Ethics andConduct to the Grievance Commission.Your partner served on the Board ofProfessional Ethics and Conduct.Iowa Supreme Court Rule 35.2(2)provides in part:“No member appointed to either theboard of professional ethics and conductor the grievance commission shallundertake to represent, in any state of theinvestigative or disciplinary proceedings,any lawyer against whom an ethicalcomplaint has been filed.”Although you are not a member ofeither the Board of Professional Ethics andConduct, nor the Grievance Commission,your partner currently serves on theBoard. DR 5-105(E) of the Iowa Codeof Professional Responsibility forLawyers provides:“If a lawyer is required to declineemployment or to withdraw fromemployment, no partner or associate ofthe lawyer or the lawyer’s firm may acceptor continue such employment.”Your partner, who serves on the Boardof Professional Ethics and Conduct, couldnot accept employment to represent therespondent in a disciplinary proceedingand thus, neither can you.04-06 INCLUSION OF FIRM NAMEIN LIST OF PREFERRED PROVIDERSYou have been requested by a relativelysmall national trade association to allowyour firm to be listed in the association’sdirectory of “preferred providers.” Youwould have an agreement with the associationthat its members could consult one ofthe firm’s registered patent lawyers for aninitial one-half hour consultation andwritten follow-up for a fee of $100. Neitheryour firm nor its members belong to theassociation and your firm would not beproviding anything of value to the associationto induce it to recommend your firm.Other portions of your opinion requestmake it clear that the formal requirementsof DR 2-103(C)(3) and DR 2-103(D)would be met.Your request is comparable to the oneinvolved in Formal Opinion 97-9. There anon-lawyer organization which representeddisability claimants before the SocialSecurity Administration was seeking attorneysto represent, in court, claimants whohad been unsuccessful at the administrativelevel. The Board concluded that:“This constitutes an agreement to makecounsel available to Social Securityclaimants and is not improper for Iowalawyers . . . provided it is made clearin writing between you and [theorganization] that you may reject anyrepresentation requests on the basis ofconflict of interest.”The same caution would be applicableto your situation, since it is possible thatthe members of the association would haveconflicting legal positions among themselvesor with your existing clients.It is thus the opinion of the Board thatthe relationship you describe would notviolate the Iowa Code of ProfessionalResponsibility for Lawyers.You also question whether, as anorganization which must comply withDR 2-103(D)(4), the association wouldbe subject to subparagraphs (f) and(h) thereof. Those requirements areapplicable to “legal service plans” such asthose provided by companies which selllegal insurance, rather than organizationswhich merely recommend the use ofcertain attorneys. Thus, the associationwould not need to concern itself withSchneider-Busines Eval 1/22/04 8:59those provisions.10. The term “Claim Expense Inside” meansthe amount available to pay a claim isreduced by the amount used to cover claimadministration expenses. True False11. It doesn’t matter to my insurancecompany if I hold equity in a client’s businessand provide legal services to that business.True False12. Suing a client for unpaid legal fees is anacceptable risk management procedure.True False13. I should always turn in potential claimmatters to preserve my coverage rights.True False14. Turning in a potential claim willautomatically increase my insurance rates.True False15. I could pay more than my neighbordoes because I practice in a different areaof the law. True FalseThis quiz is intended for discussionpurposes only. It does not address allinsurance issues. Please speak to anauthorized representative of your currentcarrier for specific coverage interpretations.Marsh Affinity Group Services, a service ofSeabury & Smith*Mary E. Whisenand, AU, RPLU. She is an employeeof Marsh and serves as the client executive of the IowaState Bar-endorsed Lawyers’ Professional Liability program.She has over 11 years experience underwritingthe Iowa lawyers program.■ Preparing complete, accurate,written reports for ■ litigationsupport ■ economic loss inpersonal injury and death ■divorce settlements ■ employeestock ownership plans ■ damagesfrom lost profits ■ estate and gifttaxes ■ acquisitions and salesAttorneys, CPA’s, IRS Experts, CFA,American Society of Appraisers,Senior Member (individual).PHILIP SCHNEIDER& ASSOCIATES, INC.www.schneidervaluation.com515-225-0000 or 1-800-383-3083Fax 515-225-1539ONE CORPORATE PLACE1501 42ND STREET • SUITE 294WEST DES MOINES, IOWA 50266-1098THEIOWA LAWYER July 2004 7

8 THE IOWA LAWYER July 2004

Now it’s the ISBA Public Service Project -ISBA VLP name change signals expanded missionBy Brett J. Toresdahl, Executive Director – ISBA Public Service ProjectThe ISBA Volunteer Lawyers Project hastaken steps to recognize its expandedscope and outreach to Iowans with limitedfunds who need legal help. Its new namereveals the expanded direction it has chosento take: ISBA Public Service Project(ISBA PSP).The organization’s history helps explainhow it has gotten to this point -The Iowa State Bar AssociationVolunteer Lawyers Project (ISBA VLP) wasestablished in 1987 as a 501(c)(3) organizationto improve access to the civil legalsystem for indigent Iowans through privatebar involvement. The objectives, natureand purpose of the ISBA VLP was to coordinatepro bono efforts of existing agencies,educate lawyers and the public as to probono needs and services, and to provide avehicle for efficient participation of membersof The Iowa State Bar Association inpro bono activities. The mission of the ISBAVLP has been to facilitate pro bono withinthe legal profession and to assist lowincome Iowans by increasing their accessibilityto the civil legal system by promotingand encouraging the use of pro bono legalservices. To accomplish this, we havefocused on four major objective areas:recruitment of attorneys, improving legalservice to clients, education, and programdevelopment.The membership of the ISBA VLP, attheir June, 2004, Annual Meeting, chose toexpand the objectives and purpose of theorganization to include other ways inwhich the legal profession can provideservice to the public. The contributionsthat attorneys make to their communitiesgo far beyond their willingness to representclients on a pro bono basis. Attorneysprovide a resource to the public that isvaluable but often unappreciated. TheISBA VLP is committed to facilitating thisresource and organizing opportunities inwhich the legal profession can provideinformation and service to the public.To reflect this expansion of our purpose,the ISBA VLP changed its name to theISBA Public Service Project. The changeaccurately reflects the broad scope of ourorganization including pro bono and publicservice. The change is also intended to distinguishISBA PSP from direct serviceproviders that include in their name thewords “volunteer lawyers project.” TheISBA PSP will continue to serve as the statewide pro bono support program, promotingpro bono legal services and assisting the probono delivery programs. The ISBA PSP willexpand its original purpose to now workon activities that will improve access to justicefor all of Iowa’s citizens.The organization’s purpose has beenamended to read “...and provide a vehiclefor efficient participation of members ofThe Iowa State Bar Association in pro bonoand other public service activities.” Thisexpanded focus will look for ways in whichthe profession can provide legal informationto the public. ISBA PSP will highlightand promote the public service that attorneysprovide. The new expanded missionstates, “The ISBA Public Service Projecthighlights every lawyer’s responsibility toregularly provide pro bono professional servicein the community. The ISBA PSP alsopromotes public education to ensure thatIowans enjoy reasonable access to justiceand place trust and confidence in theadministration of justice.”ISBA PSP will continue to work onaccess to justice issues, including continuedwork with legal service providers tomaintain an efficient process in the deliveryof legal assistance. ISBA PSP will workto encourage alternate legal service deliverysystems to be created and established.Our organization will assist in developingpublic outreach efforts that will provideIowans with information that they need toaccess the judicial system in our state. Ourorganization will partner with the Benchand the Bar to address the needs of pro selitigants and their impact on the courts.THEIOWA LAWYER July 2004 9

Community involvement of the legal professionwill be highlighted and enhanced.Pro bono, which means “for the publicgood,” will be expanded to include abroader sense of volunteerism, not simplytaking cases for free. The value of serviceof attorneys on boards, committees and inorganizations, will be promoted andencouraged. This expanded purpose ofthe ISBA PSP will increase access to justiceand all Iowan’s will benefit from theinvolvement of the profession in theircommunity.ISBA PSP is a non-profit organizationwhich operates independently from TheIowa State Bar Association. We work primarilywith the Bar at the state and locallevels to promote pro bono legal service andto enlist the involvement of their members.It does not provide direct services toclients except through some limited specialprojects. We serve as a statewide supportprogram to the private bar and theprograms that provide direct delivery ofservices. ISBA PSP serves as an organizedeffort to coordinate all volunteer activitiesby lawyers in the state and assists the privatebar in meeting its pro bono obligations.There are over 2,900 attorneys statewidewho participate in pro bono programs. Thatincludes full-time, part-time, governmentand corporate attorneys. This numberreflects that approximately 47 percent ofthe attorneys in Iowa who participate in anorganized pro bono project.The citizen is the ultimate reason forthis organization’s existence. ISBA PSPworks very closely with the agencies thatprovide direct client services so that wecan insure that the most people possiblecan be served and that gaps in services canbe reduced. We are in a strong position toaddress various issues which face the legalcommunity. These may be short-termdevelopments or long-range problems. Wehave a long history of addressing theseissues and developing solutions. A clientwho is in need of some type of civil legalassistance can have access to a volunteerattorney through one of the legal serviceprograms in Iowa. These programs willscreen clients for eligibility based on theirincome and the type of case. When theclient is determined to be eligible, thelegal service program makes a decision toserve the client with its staff or to refer theclient to a volunteer. Attorneys arematched with clients in one of three programsthat provide direct delivery of services.These programs are Polk County BarAssociation Volunteer Lawyers Project,Iowa Legal Aid Volunteer Lawyers Project,and the Pro Bono Project of HELP LegalAssistance/Scott County Bar Association.This network of programs has allowedmore efficient delivery.The number of clients who are in needof assistance continues to exceed the numberof volunteers and resources available.The ISBA Public Service Project remainscommitted to increasing the number ofattorneys who participate in pro bono programs.The legal profession in Iowa shouldbe complemented on its responsiveness tothe needs of citizens.For more information or to volunteer toget involved, contact ISBA Public ServiceProject, 521 E. Locust, Suite 302, DesMoines, Iowa 50309. Call us at 800-325-2909 from anywhere in the state.10 THE IOWA LAWYER July 2004

BRIGADIER GENERAL JODI TYMESON, Assistant Adjutant General-Iowa Army National Guard delivered thanks at the ISBA AnnualMeeting in July for the Bar Association’s aid in helping Iowa soldiersmobilize. She is flanked here by NBA President Clyde Bailey on herright, and ABA President Dennis Archer and ISBA Executive DirectorDwight Dinkla to her left, minutes after the three guests spoke at theopening general session. More extensive coverage of the meetingwill appear in August’s The Iowa Lawyer.General thanks ISBA lawyers for helping troops mobilize“Thousands of military members of Iowahave been, or will be deployed to serveoverseas or here at home fighting theGlobal War on Terror. Today I’m here tosay thank you on behalf of the (IowaNational Guard) Adjutant General, MajorGeneral (Ron) Dardis, and on behalf of allthe soldiers, sailors, airmen, Marines, andtheir families that you have assisted –thank you.”With these words, Brigadier GeneralJodi Tymeson expressed her boss’ appreciationto the ISBA and its volunteer cadreof attorneys who prepared powers ofattorney and wills, and helped with otherlegal matters pending in some Guard andReservist lives.The Iowa State Bar Association MilitaryAssistance Project began in December,2001. There are officially 140 attorneys in40 counties who have signed up to takereferrals, as well as many more doing workwho are not listed as part of the project.“You have donated your time and sharedyour expertise to work with our JAGofficers, to direct our members to correctagencies, to assist with personnel policies,to write wills and powers of attorney, andin one case, an attorney donated 25 hoursto help resolve a custody matter. Certainly,the total impact of your assistance isunknown at this time,” the general said.“When military members get the call –the alert to be ready to deploy – they mustattend to many things. Besides packingtheir bags, there are family, financial,medical, and legal issues to attend to.Many of your association members steppedforward to assist with that important legalpiece. That gesture on your part, thatpersonal show of your support to thatmilitary family, makes a lasting impressionand helps ease the burden of familyseparation and all the arrangements thathave to be made prior to deployment. Asyou can imagine, the preparation of a willfor someone being deployed to a warzone, is a moment not taken lightly.“General Dardis calls us the IowaTeam. On the team are soldiers, sailors,airmen, Marines, their families, and theiremployers. If General Dardis were heretoday, I know he would tell you that heconsiders the members of your organizationpart of the Iowa Team.“Thank you for your support to militaryIowans, Iowans who are serving Iowa andAmerica, fighting to defend our freedomand helping millions of fellow humanbeings gain their freedom,” Gen.Tymeson said.“Military Iowans are grateful for yoursupport, and you should feel proud aboutthe services you have provided. Yoursupport means a great deal and certainlywill not be easily forgotten. Thank youfrom the Iowa Team. Thank you forsharing your time and talents to help usaccomplish our mission.”Brigadier General Jodi Tymeson,Assistant Adjutant General-ArmyIowa National GuardTHEIOWA LAWYER July 2004 11

Mandatory mediation and the myths about itBy Steve Sovern*Mandatory mediation in family lawmatters is met with both criticism andskepticism. To many, the apparent contradictionin terms first comes to mind. Howcan an inherently voluntary process bemandated? There are other concerns andcriticisms. It is said that mandatory mediationis a waste of time and money if one orboth parties think they are unable or aredetermined not to reach resolution.Parties cannot understand being requiredto communicate when they have failed inpast communication efforts. It is assertedthat mediation merely adds to the cost ofthe litigation process. Litigators in Iowatake the position that “there can be nointermediate steps imposed by the courtsystem on litigants to have access to thecourt system.”TO BEGIN WITH, it is important tobe clear about what really is requiredof clients facing mandatory mediationprograms. Clearly, no statute or rule canBusiness Valuation&Litigation SupportServices• Business valuations for buy/sell,divorce, gift/estate and FLPs• Damage/lost profit calculations• Investigative accounting• 31 years experience in accountingCyril Ann MandelbaumCPA/ABV, ASA, CVA666 Walnut Street, Suite 1850Des Moines, IA 50309Phone (515) 280-8600Fax (515) 280-8400E-mail: camcpa@dwx.com12 THE IOWA LAWYER July 2004mandate agreement. That is a contradictionin terms. This principle is recognizedby every jurisdiction in the country havingmandatory mediation. The only requirementis attendance at a mediation session.The time required of the parties at thesession varies some by program. However,parties are never required to remain inmediation longer than it takes for each ofthem to hear an outline of the wishes ofthe other party.More often than not, parties can leaveanytime after hearing an explanation ofthe process and after an opportunity to askquestions. So, in reality, parties are askedto “kick the tires” of mediation and decidefor themselves if they want to “test drive”the process. For most parties facingmandatory mediation in Iowa, there is nocharge for this mediation inspection. It is,then, completely up to the parties as towhether they want to try mediation andincur corresponding hourly fees. This ishardly a costly barrier to the courtroom.BUT WHAT OF the “waste of time”and the imposed inconvenience for theparties? Actual practice may hold ananswer. Over the past seven years of theSixth Judicial District Family MediationProgram, my practice has seen over twothousand individuals who have beenmandated to mediation. In pre-mediationinterviews with these participants I findthat over 85 percent have little or noexpectation of benefit to be derived frommediation. Precious few would seekmediation on their own. The vast majorityhaven’t even heard of mediation. Manycourt referred clients frankly disclose theirintention to obtain a Certificate ofAttendance and leave.Yet, despite this pervasive pessimism,there have been only nine persons overthe last seven years who have opted outof mediation at that point. After a clearexplanation of the process by the mediatorin the presence of both parties and afterassurance by the mediator that leavingwould not prejudice their case in any way,approximately 1,991 clients out of 2,000chose to try. At that moment, mandatorymediation shifts immediately to voluntarymediation, the only kind that works.Moreover, and consistent with districtand national mediation statistics, threequarters of those individuals went on to aresolution of most if not all of the issues.Every one of them gained a clearer understandingof the issues they faced, theperspective of the other party and a chanceto make life better for their children.What follows is a listing of a few ofthe Barriers that needlessly obstruct avoluntary and mutual decision to mediatefamily law matters. After each of theBarriers is listed the corresponding Benefitof mandatory mediation:BarrierBenefitBarrierBenefitBarrierBenefitBarrierBenefitFew divorcing parents want tobe the first to say to the otherfeuding parent, “lets get togetherand work this out.”Mandatory mediation takes theburden off an initiating parentor, more often, brings parentstogether in the absence ofinitiative by either partyMany parents divorce becausethey “can’t communicate.” As aresult, it is impossible for them toconceive that mediation will beany different than their priorexperience.Mandatory mediation may be theonly way to help them discoverthat as parents they can communicate.More important, makeclear for them that they mustcommunicate for the benefit oftheir children.Divorcing parents resist counsel’s“preposterous” suggestion thatmediation could be of benefit inthis “difficult” divorce.Mandatory mediation takesthe convening burden off theshoulders of the attorneys.Family law attorneys, themselves,cannot imagine that the otherparty could possibly becooperative in mediationgiven their client’s descriptionof that evil doer.Mandatory mediation is often theonly way to for attorneys as wellas their clients to discover thatthere are multiple sides toevery story.

BarrierBenefitChildren have no say in theirparents divorce and will sufferimmeasurably from the conflictgenerated by a typical adversaryapproach to deciding theirfutures.Mandatory mediation may be theonly way to get the adults into aneutral place where they cantruly treat the children’s interestsas paramount.Litigation groups in Iowa express twoparticular objections to mediation –FIRST, NO MANDATORY STEPSSHOULD BE IMPOSED ON THE PATHTO TRIAL, and mediation in family lawmatters will eventually lead to mandatorymediation in civil matters. With regard tothe first, we have to acknowledge that theroad to the courthouse is hardly a wideopen freeway. It abounds in road blocks,stop lights, one way streets and blackrobed traffic cops. The answer to apetition or a request for production ishardly voluntary. Avoiding such stepssubjects one to significant sanctions ortraffic tickets. Contempt citations awaitthose who ignore subpoenas or seeresponses to interrogatories as voluntary.Just like mandatory “Children in theMiddle” courses, mandatory mediationputs divorcing parents in a place and withthe tools, if they choose to use them, thatallow them to fashion a parenting planthat holds the greatest promise for theirchildren and for them. At the very least,they will be clearer about the choicesthey face at the courthouse when theyget there.SECOND, MANDATORY MEDIATIONIS NOT THE “CAMEL’S NOSE UNDERTHE TENT” of civil litigation as feared bythe trial bar. The legislature has been veryclear and specific in its persistent interestin the benefits of mediation in mattersonly affecting child custody. The Intent ofthe General Assembly language thatpreceded recent changes in Chapter 598reads as follows:It is the intent of the general assembly thatparties to family law actions maintain responsibilityfor their decision making, improvetheir communications concerning their children,and commit themselves to the decisionsthey reach. The best interests of children arenormally served through maintenance ofmaximum contact with both parents with aminimum of parental conflict.Because research demonstrates thatparental conflict may result in emotional andpsychological damage to parties and their children,the general assembly finds that mediationshould be utilized to the greatest extentpossible in the resolution of domestic relationsdisputes in this state.The legislature has been able to makerelevant distinctions in the past. Forinstance, no-fault divorce has long beenestablished in Iowa. This “camel’s nose”has not been followed by the camel ofno-fault insurance.The American Bar Association’s ADRJournal, OHIO STATE JOURNAL ONDISPUTE RESOLUTION [VOL. 11:11996], listed the advantages of mandatorymediation:“The first advantage of mandatorymediation is that it may in fact accelerate theTHEIOWA LAWYER July 2004 13

settlement process. Our present litigationsystem places the greatest impetus for settlementat the end of the dispute process. That iswhy many disputes settle on the proverbial“court house steps” or during the “eleventhhour.” Mandatory mediation shifts the settlementimpetus by requiring parties to thinkabout compromise at earlier stages in thedispute process. The imminence of mediation,much like the imminence of trial, can serve asa “settlement event” that induces parties andattorneys to focus on the case and to enter intoserious negotiations. Once the parties are inmediation, the trained mediator adds structureto the settlement process and can facilitatefrank discussions that can lead to settlement.Discussions in the presence of a mediatortend to reduce misunderstandings, andantagonism frequently subsides. Even whenparties fail to reach a settlement, the enhancedmutual understanding resulting from themediation process greatly improves theprospects for a later agreement.”“Second, mandatory mediation requiresparties, initially hostile to the process ofmediation, to participate and possibly settletheir dispute via mediation. Experience showsthat parties often benefit from mediationdespite the fact that their participation in themediation is a result of a court order . . .”Further, court-ordered mediation is aneffective means of obtaining binding, out-ofcourtsettlements. McLean County, Virginiaestablished a court-ordered divorce mediationprogram and reported success in reaching custodyand visitation agreements. In the firstyear of the program, approximately sixty percentof the client couples were able to effectivelymediate the living arrangements for their childrenwithout using the adversarial process.”“A third advantage of mandatory mediationis that mandating the process overcomes thesign of weakness that is often associated withmediation. A lingering perception in the legalcommunity is that to suggest mediation to anadversary is a sing of a weak case or a weakparty; that ‘real men don’t mediate.’ When astatute mandates participation in mediationit may be accomplishing what the partiessecretly want but will not express.”“Additionally, rates of voluntary usage arelow because parties or their lawyers are moreaccustomed to the litigation process.Mandatary mediation increases the exposureand hence the familiarity with the process.Parties that are more familiar with mediationare more likely to take advantage of its costsavingsand efficiency even when the processin not a result of a court order.”MORE IMPORTANT ARE THEOPINIONS of family law attorneys in Iowawho have first hand experience withmandatory mediation. The AlternateDispute Resolution Section of The IowaState Bar Association polled family lawattorneys in Polk County and the SixthJudicial District, including Linn andJohnson Counties, to determine attitudesabout mandatory mediation in family lawmatters. The attorneys polled were thosewho have worked under mandatorymediation programs for up to sevenyears. A large majority of these lawyerrespondents favored mandatory mediationand expanded use throughout the state.There were 136 attorneys who respondedto the survey. Eighty percent wantedmandatory mediation expanded statewide.Of the 20 percent opposed, severalexpressed support of the local mandatoryprogram but were reluctant to impose thebenefits on other jurisdictions. PolkCounty support was strongest. Ninety-sixpercent of Polk family law attorneys favorthe expansion of mandatory mediation infamily law matters.So, in making judgments aboutmandatory mediation, we might givecredence to those who have experiencedit – the attorneys, the parties and, inmany instances, their children. Muchis misunderstood about mandatorymediation. Much can be gained byobviating the myths.SteveSovern*Steve Sovern graduated fromMarquette University with amajor in psychology. His JurisDoctorate degree is from theUniversity of Iowa College ofLaw. Steve is a full-timeprofessional mediator in CedarRapids. He has trained in over20 mediation training programsin the United States and Canada. His Web siteis www.mediate.com/stevesovern14 THE IOWA LAWYER July 2004VETERAN DES MOINES ATTORNEY DwightJames was honored in June with thepresentation of the Iowa Judicial BranchAmicus Curiae Award which recognized him forhis work speaking in defense of judges falselyaccused. The award was presented at a PolkCounty Bar Association luncheon by DistrictCourt Judge Annette Scieszinski. Dwight ischair of The Iowa State Bar Association’sIndependence of the Judiciary ad hoccommittee. He also is active in planning theAssociation’s Bench-Bar conferences whichare held in conjunction with the Iowa JudgesAssociation. He is credited with helping tocreate an atmosphere of cooperation betweenjudges and lawyers.

The immeasurable value of volunteering as a lawyerLawyers today are bombarded with sobering descriptions of widespread malaise, dissatisfaction, and downrightunhappiness in the practice of law. These assessments have come from both legal practitioners as well as legalscholars. They are writing about the “crisis in the legal profession” – a profession in which “American lawyers,wealthier and more powerful than their counterparts anywhere else in the world, are in the grip of a greatsadness,” facing a “crisis of morale,” inhabiting a profession “betrayed” by the leaders of that profession. 1By Roxann M. Ryan*Concerns about the legal professionhave led many lawyers and barorganizations to take a renewed interest instress-management and stress-reductionefforts. 2 Concerns began with outwardmanifestations of stress in the form ofsubstance abuse or depression, whichcould directly affect a lawyer’s capacityto practice law, and then spread toinclude job dissatisfaction leading to anabandonment of practice. 3Professor Howard Vogel perceives afundamental “sadness” among lawyers,which he attributes to several factors. First,some lawyers feel bound by the “goldenhandcuffs” that make it difficult to transferto a less financially lucrative job. Second,some lawyers develop a habit of servingclient needs “without a larger vision of thesignificance of their work. Third, somelawyers question whether the rule of lawis based on generally agreed-upon rules,or whether it is based on “normativecommitments” of individual decisionmakers. Professor Vogel concludes that“the very heart of the lawyer’s vocationhas a foundation that requires ethicalreflection if the practice of law is to be ahumane profession capable of addressingthe needs of the community it serves.” 4One way to make that connection withthe community is through volunteering. Ina roundtable discussion of volunteering,Peggy O. Montgomery, in-house counselfor Exxon Mobil Corporation, pointedout that volunteerism goes beyond thepractice of law:My view is volunteerism doesn’tnecessarily have anything to do withbeing a lawyer. We have skills that wecan use that benefit the communitybecause we are lawyers, but I trulybelieve volunteerism is something thateveryone should be committed todoing for the community. It doesn’tnecessarily mean that we have to dolegal volunteering. It’s as much asgoing and helping Habitat forHumanity, not necessarily using yourlegal skills but volunteering in thataspect. But I think we do have specialskills that can help us in areas thatother people can’t, and so we havekind of an extra gift to give thecommunity. 5Extensive research on volunteering inthe United Kingdom, Canada, Australiaand New Zealand has exploded in recentyears, and is now beginning to pick upsteam in the United States. In his book,Bowling Alone, Dr. Robert Putnam “detailshow markedly our civic ties have weakenedover the last generation and the price wepay for these frayed ties in the quality ofour education, our physical health andhappiness, the safety on our streets, theresponsiveness of democratic institutionsof government, and in economicdevelopment.” 6 He writes:In recent years social scientists haveframed concerns about the changingcharacter of American society in termsof the concept of ‘social capital.”. . .Whereas physical capital refers tophysical objects and human capitalrefers to properties of individuals,social capital refers to connectionsamong individuals – social networksand the norms of reciprocity andtrustworthiness that arise from them.In that sense social capital is closelyrelated to what some have called ‘civicvirtue.’. . . [However] A society ofmany virtuous but isolated individualsis not necessarily rich in socialcapital. 7Professor Putnam argues that socialbonds are a powerful predictor of lifesatisfaction, and the loss of social capitalhas profound effects. Communities withlower social capital levels suffer in terms ofTitle Guaranty800-843-0201www.ifahome.comDOES YOUR TITLE OPINIONPROTECT YOUR CLIENT AGAINST LIENS MISSED BYTHE ABSTRACTOR?TITLE GUARANTY CAN(Have you told your client this?)THEIOWA LAWYER July 2004 15

lower educational performance, moreteen pregnancy, increased child suicide,higher crime rates, lower voting rates, andthe loss of other neighborhood quality oflife indicators. The traditional emphasis oncollective action or “communityprojects” has changed with the growth ofepisodic volunteering and an increasedemphasis on personal rather thancommunity service. Nonetheless, volunteerismis increasingly recognized as animportant tool for building social capital.We can make stronger, more livablecommunities through volunteers. It“weaves individuals together into thetapestry of community.” 8Research suggests that there is greatvalue in volunteering, not only to thecommunity, but also to the individualwho volunteers:■ Social connectedness is a much strongerpredictor of the perceived quality of lifein a community than the community’sincome or educational level. In the fivecommunities surveyed having thehighest social trust, 52 percent ofhhmediation.v2 2/10/04 3:23 PM Page 1Mediations & ArbitrationsWorkers’ Compensation MediatorsFrank T. HarrisonFormer Deputy Iowa Industrial CommissionerE. J. KellyFormer Deputy Iowa Industrial CommissionerRobert C. LandessFormer Iowa Industrial CommissionerValerie A. LandisM. Anne McAteeresidents rated their community as anexcellent place to live, the highestpossible grade. In the five communitieswith the lowest levels of social trust, only31 percent felt that good about theirquality of life. 9■ Similarly, personal happiness is alsomuch more closely tied to the level ofcommunity social connectedness andtrust than to income or educationallevels. This is true, even controlling forindividual characteristics, such asincome, education, and so on. That is,even comparing two persons of identicalincome, education, race, age, and so on,the one living in a high social capitalcommunity typically reports greaterpersonal happiness than his/her “twin”living in a low social capital community.The same thing is not true of theoverall level of community income oreducation. In other words, your personalhappiness is not directly affected by theaffluence of your community, but it isquite directly affected by the socialconnectedness of your community. 10National statistics show that volunteeringis an important part of American life.According to the Bureau of LaborStatistics, in 2003, the number ofvolunteers rose to 63.8 million peopleand the rate of volunteering rose to 28.8percent of the American population overage 16. About 25.1 percent of menvolunteered, compared with 32.2percent of women. About 30 percent ofteenagers volunteered, and of the highestparticipatinggroup – persons ages 35 to44 – about 35 percent volunteered.Another nationwide survey, however,suggests that 44 percent of all adultsvolunteer each year, and 89 percent of allhousehold make charitable contributions.This amounts to 83.9 million Americanadults who volunteer, representing theequivalent of over nine million full-timeemployees at an estimated value of $239billion. The Independent Sector hasprovided statistics estimating the valueof volunteered time during the pastthree decades :Dollar Value of a Volunteer Hour inOther Years: 1980 – 20031980: $7.46 1990: $11.41 2000: $15.681981: $8.12 1991: $11.76 2001: $16.271982: $8.60 1992: $12.05 2002: $16.741983: $8.98 1993: $12.35 2003: $17.191984: $9.32 1994: $12.681985: $9.60 1995: $13.051986: $9.81 1996: $13.471987: $10.06 1997: $13.991988: $10.39 1998: $14.561989: $10.82 1999: $15.09Please note: Values for 1990-2002 were adjustedto reflect a new data series released by the Bureauof Labor Statistics.Civil Litigation Mediators & ArbitratorsJeff H. Jeffries • Thomas J. LoganJohn E. Orrell, Jr. • Kimberly J. StamatelosFamily Law MediatorKimberly J. StamatelosDes Moines • Adel • Quad Cities515-244-0111www.hopkinsandhuebner.com16 THE IOWA LAWYER July 2004

Volunteers – Number, Hours, and Dollar Value: 1989 – 2000Volunteer Indicator 2000* 1998 1995 1993 1991 1989Civilian noninstitutional population 18 years N/A 197.1 190.5 187.1 184.4 180.9old or older (March 1988, 1990, 1992,1994, 1996, 1999, in millions)Volunteers (percentage of population) 44% 55.5% 48.8% 47.7% 51.1% 54.4%Volunteers (in millions) 83.9 109.4 93.0 89.2 94.2 98.4Average weekly hours per volunteer 3.6 3.5 4.2 4.2 4.2 4.0Average annual hours per volunteer N/A 182.0 218.4 218.4 217.6 208.0Annual hours volunteered (in billions) N/A 19.9 20.3 19.5 20.5 20.5Annual hours volunteered, excluding 15.5 15.8 15.7 15.0 15.2 15.7informal volunteering (in billions)Full-time equivalent employment, excluding 9.1 9.3 9.2 8.8 9.0 9.2informal volunteering, at 1,700 hours peryear per employee (in millions)Dollar value of a volunteer hour $15.40 $14.30 $12.84 $12.13 $11.58 $10.82Total assigned dollar value of volunteer time, $239.2 $225.9 $201.5 $182.3 $176.4 $169.6excluding informal volunteering (in billions)Please note: All volunteering numbers for 2000 are for individual adults aged 21 or older. All otheryears, 1989 to 1998, include individual adults aged 18 or older. Other significant changes were alsointroduced in the 2001 Giving and Volunteering survey, including survey methodology, which makescomparison to prior years difficult.Dollar Value of a Volunteer Hour, by State: 2002Please note that 2002 is the latest year for which state-by-state numbers are available.Alabama: $13.98Alaska: $16.46Arizona: $15.41Arkansas: $12.69California: $18.67Colorado: $17.41Connecticut: $21.70Delaware: $18.08Dist. of Columbia: $24.75Florida: $14.58Georgia: $16.48Hawaii: $14.17Idaho: $12.72Illinois: $18.20Indiana: $14.91Iowa: $13.36Kansas: $14.22Kentucky: $14.08ConclusionLawyers often serve as communityleaders, and have more to offer than theirlegal skills. In fact, some lawyers have saidthat the value of volunteering is at leastas great or even greater when theirvolunteering goes beyond pro bono legalwork. W. Jackson Wisdom, a partner atMartin, Disiere, Jefferson & Wisdom,L.L.P. in Houston, Texas, summarized hisexperience in community volunteering:Let me revisit the duty-versus-passionconundrum just for a moment. ThereLouisiana: $13.74Maine: $13.39Maryland: $17.34Massachusetts: $20.75Michigan: $17.48Minnesota: $17.20Mississippi: $12.05Missouri: $15.24Montana: $11.36Nebraska: $13.3Nevada: $15.12New Hampshire: $16.77New Jersey: $20.55New Mexico: $12.91New York: $21.53North Carolina: $14.89North Dakota: $11.96Ohio: $15.43Oklahoma: $12.91Oregon: $15.15Pennsylvania: $16.15Puerto Rico: $9.10Rhode Island: $15.22South Carolina: $13.50South Dakota: $11.86Tennessee: $14.86Texas: $16.84Utah: $13.74Vermont: $14.03Virgin Islands: $12.67Virginia: $16.84Washington: $17.41West Virginia: $12.74Wisconsin: $14.72Wyoming: $12.96is [an ethical] duty, but it has to gobeyond that. We recognize there’s aduty, and then we step in to do ourpart and we cultivate a passion as weget involved with people. And as yourheart breaks for things that are reallyheartbreaking, as you get involved inthe lives of people and families, youdevelop a passion and the kind ofedge that helps you do things withexcellence. What I would be concernedabout is this notion that we areunder this burden that’s imposed onus, and we go through the motions tomeet some expectations that areimposed by firms or perceptionsabout the public. My sense is, onceyou get involved, if your heart is open,your passion develops and you catchfire. And you set fire to others . . . .That’s what happens. That’s the ideal.And I see it happening all over theplace.11Mr. Wisdom’s comments echo the findingsof Dr. Putnam and the Harvard SocialCapital study. Volunteerism benefits boththe community and the individual. It goesbeyond professional ethics responsibilities.Lawyers can benefit not only from probono publico contributions, but also fromother forms of volunteer service.1 Howard J. Vogel, “The Problem of Hope, TheQuestion of Identity, And The Recovery ofMeaning in The Practice of Law,”32 SetonHall L. Rev. 152, 152-153 (2001) (footnotesomitted).2 Id. at 154.3 Id.4 Id. at 189.5 “A Roundtable Discussion on Volunteerism,”40 Houston Lawyer 10, 13 (Nov/Dec 2002).6 Robert Putnam, Bowling Alone: The Collapseand Revival of American Community (2000),discussed in “Social Capital CommunityBenchmark Survey Executive Summary,” p. 1,accessible at http://www.ksg.harvard.edu/saguaro/communitysurvey/results5.html7 Id. at 198 Michelle Nunn, “Volunteering as a Tool forBuilding Social Capital,” 20 The Journal ofVolunteer Administration 14-19 (2002).9 “Social Capital Community Benchmark SurveyExecutive Summary,” p. 1, accessible athttp://www.ksg.harvard.edu/saguaro/communitysurvey/results5.html10 Id.11 “A Roundtable Discussion on Volunteerism,”40 Houston Lawyer 10, 15 (Nov/Dec 2002).Roxann M.Ryan*Roxann M. Ryan has beenwith the Iowa Attorney General’soffice since 1980, and currentlyserves in the Criminal AppealsDivision. She also assists withtwo federal grants focused ondomestic abuse issues and afederal grant focused on moneylaundering, and frequentlypresents to justice system officials. She served asan adjunct professor at several colleges, and willbegin teaching full-time at Simpson College infall semester 2004. She received a Ph.D. inCriminal Justice (University of Nebraska atOmaha, 1998), a J.D. (University of Iowa,1980) and a B.A. in economics (Iowa StateUniversity, 1977).THEIOWA LAWYER July 2004 17

My Life as a Law Clerk: GleaningsBy Deborah Svec-Carstens*Between August, 1999, and August,2003, I had a unique opportunity toexperience the “behind the scenes”workings at all levels of Iowa’s state courtsystem – district court, court of appeals,and supreme court – through my serviceas a judicial law clerk. More importantly,I had the privilege of serving some ofIowa’s most talented judges – not tomention some of the nicest people onewill ever meet.MY JOURNEY BEGAN four years agoin Davenport where I served the 12 judgesof the Seventh Judicial District andobserved firsthand the day-to-day workingsof the legal system. I watched attorneys incourtroom work – making opening andclosing arguments, questioning witnesses,making objections to the admission ofevidence in civil and criminal matters.I saw everything from murder trials tochild support and custody modificationhearings, from injunction hearings toinitial appearances and arraignments,and everything in between. I learnedmore about “lawyering” from observingattorneys in the courtroom than I everlearned in law school.As a district court law clerk, my primaryfunction was to assist the judge responsiblefor “order hour” each day – the “assignmentjudge.” That duty rotated monthly.The assignment judge signed ordersand listened to arguments on motions,summary judgment, motions to dismiss,motions to compel. The judge also filedorders or rulings on non-oral motions. Iassisted the judge read the court file anddiscussed the parties’ arguments with thejudge. If the motion was scheduled for ahearing, I listened with the judge to theparties’ arguments. With guidance, Iwould often draft a proposed ruling ororder for the judge’s review. I also assistedother judges with assorted researchprojects and motions. Many times indistrict court, the issues before the courtwere unique – something the appellatecourts had not yet addressed. In thoseinstances, the judge and I were “makinglaw,” in the hopes that when it did get tothe appellate courts, they would give ustheir stamp of approval: AFFIRMED. Inother cases, the law was established, andwe simply applied the facts to the law.BECAUSE I ALSO EVENTUALLYworked for the appellate courts, I hadthe unique opportunity to “follow” manydistrict court cases through the appellatesystem. Cases I worked on in district courtmade their way (slowly, it seemed) to thecourt of appeals and supreme court. I didnot work on these cases once they got tothe appellate courts, of course, but it wasinteresting for me to see how the issueshad changed during the course of the litigation,and how the case had “morphed”into something completely different fromwhat I remembered by the time it came upon appeal.After a year with the district court, Ibegan my clerkship with Hon. Robert E.Mahan of the Iowa Court of Appeals. Ilearned the intricacies of the appellateprocess, and what it takes to be a goodappellate advocate. The court of appealsdecides primarily three types of cases:termination of parental rights, criminalcases, and dissolutions (with an interestingcivil case thrown into the mix on occasion).Because the court receives its caseassignments from the supreme court, itprimarily addresses issues for which thelaw is settled. Therefore, my work wasoften fact-intensive, applying the facts ofa particular case to the law.TYPICALLY, A THREE-JUDGE panel ofthe court of appeals decides the outcomeof a particular case. Judges receive theircase assignments prior to oral arguments.My responsibilities as Judge Mahan’s lawclerk included reading the briefs andappendices for the cases assigned to thejudge and writing a draft opinion or benchmemo prior to oral arguments. After oralarguments, the judges would discuss thecase and based on their discussion, JudgeMahan and I finalized the opinion. Theopinion was circulated to the other judgeson the panel. After the other judgesapproved the draft, we prepared it for filing.The court of appeals files opinionsabout twice each month.Following my year with Judge Mahan, Imoved across the hall in the Capitol to thesupreme court, where I spent the last twoyears of my clerking career serving as judiciallaw clerk to Chief Justice Louis A.Lavorato. The supreme court addressesissues of first impression in many areas ofcivil and criminal law; including constitutional,administrative, contracts, torts,insurance, municipal, employment/labor,workers’ compensation, and ethics.THE MONTH PRIOR to “court week” –when the judstices come to town for oralarguments – I would receive the briefs andappendices for the next month’s cases.For each case assigned, I wrote a benchmemorandum for the chief justice. Iaddressed each issue raised by the partieson appeal, analyzed it from the perspectiveof both parties, and reached my ownconclusion as to the outcome of the case –sometimes the hardest part of writingthe memo.Sometime during court week, the chiefand I would discuss the memo and myconclusion. After oral arguments, thejustices met to “conference” the cases they18 THE IOWA LAWYER July 2004

just heard. Based on their discussions (Ireally would have enjoyed being a fly onthe wall for some of them), the chiefwould write an opinion. Once the opinionwas written, it was my job to make sure toconfirm the accuracy of the facts and thecites, and all the i’s were dotted and t’swere crossed.BEFORE THE OPINION was circulatedto the justices and law clerks, the chief andI would read it – the chief would read italoud and I would follow along. (It isamazing how many errors we would catchthis way.) Once circulated, additionalchanges and/or corrections were made tothe opinion based on comments from thecourt and research staff. The more pairs ofeyes reading it, the better.During the next court week, the justiceswould again “conference” the case, thistime to vote on the circulating opinion.If it was approved, it would be filed thefollowing week, after one final readthroughand last-minute “tweaking.” Afterfiling, the opinion would make one lastappearance – in the advance sheets of theNorthwestern Reporter, ready for a lastproofreading prior to publication of thebound volume.I learned many things during my time asa judicial law clerk and have gleaned thesetips to share with lawyers and law students -1. LAW STUDENTS: SERIOUSLYCONSIDER A JUDICIAL CLERKSHIP.You will learn more about the practiceof law (the rules of procedure) during aclerkship experience than you everlearned in law school.2. LEARN HOW TO WRITE, ANDWRITE WELL. To be successful, youmust be able to write clearly, concisely,and coherently. A well-written brief anda well-organized appendix (see numberfour below) are two of the most importantkeys to success on appeal. A poorlywrittenbrief may not cause you to loseyour case, but it certainly will not help it.3. TREAT EVERYONE YOU MEET INTHE COURTHOUSE WITH RESPECT.It is sometimes more important to getalong with the “behind-the-scenes”people – secretaries, court reporters,court administrators, and yes, even lawclerks – than the judges. If an attorneytreats one of these people poorly, itis sure to get back to the judge orjustice eventually.For me, the judges and justices served asmodels of civility and respect. In theSeventh District, the judges workedtogether as a team to get cases throughthe system in a timely manner. Theappellate court judges and justices haddisagreements over the outcome of certaincases – sometimes strong ones – butat the end of the day, they put those differencesaside and did not let it affecttheir personal relationships.4. ORGANIZE, ORGANIZE, ORGANIZE!An appendix should have an easy-tofollowtable of contents. For example,do not just list “Exhibit A” and give thepage number – tell the court exactlywhat is “Exhibit A.” Also, try to avoidduplication of documents in theappendix. If a document was attached toseveral different pleadings, just makesome note of that in the appendix andinclude it only once. This will save youand the court time and money.5. IF YOU FILE AN APPEAL OR ANAPPLICATION FOR FURTHERREVIEW, DO NOT CRITICIZE THELOWER COURT. Point out where youthink the court below went wrong, butdo it in a tactful and respectful manner.6. FOLLOW THE RULES OFAPPELLATE PROCEDURE. Theywere written for a reason – briefs,appendices and other filings are mucheasier to read if they are formatted asthe rules require.7. PICK YOUR THREE BEST ISSUES TOPRESENT ON APPEAL. Do not throwin everything, including the kitchensink, hoping that something will “stick.”That approach simply makes it harderfor the court to wade through the caseand determine if any of the issues raisedhave merit.One of the most important lessons Ilearned is – judges are people, too. Theyhave families and hobbies and livesoutside the courtroom. If you ever havethe opportunity, get to know some ofthem. I am certainly glad I did.DeborahSvec-Carstens*Deborah Svec-Carstens receivedher B.A. summa cum laude fromLuther College and her J.D. withhigh distinction from theUniversity of Iowa College ofLaw. She is active in the YoungLawyers Division, serving asco-chair of the ProfessionalDevelopment Committee for thepast three-and-a-half-years.THEIOWA LAWYER July 2004 19

ATTORNEY DISCIPLINARY CASESDISPOSITION OF COMPLAINTS OF LAWYER ETHICAL VIOLATIONS 7/1/03 to 6/30/04BY (A) SOURCE OF COMPLAINT AND (B) TYPE OF COMPLAINTTABLE A: SOURCE OF COMPLAINT AND BOARD DETERMINATIONSGrievance Public PrivateSource of Complaint Commission Reprimand Admonition Dismissal TotalClient 21 20 21 64 126Adverse Party 0 0 4 27 31Prisoner or criminal defendant 9 2 5 118 134Dissolution Client 7 1 4 38 50Adverse Dissolution Party 0 1 4 24 29Heir or devisee against probate attorney 10 4 2 14 30Adverse attorney 1 4 3 6 14Judge or other attorney 8 3 7 3 21Referral from Client Security Commission 3 0 0 0 3Referral from a County Bar Association 4 1 1 1 7Attorney, self-reporting 1 0 0 0 1Board complaint 16 7 4 2 29Other 5 1 0 22 28Totals 85 44 55 319 503TABLE B: TYPE OF COMPLAINT AND BOARD DETERMINATIONSGrievance Public PrivateSource of Complaint Commission Reprimand Admonition Dismissal TotalFraud, deceit, dishonesty, misrepresentation 10 5 5 54 74Misappropriation or mishandlingof money or property 11 3 4 14 32Criminal conviction 7 3 0 0 10Other misconduct 5 2 2 18 27Advertising or solicitation 3 1 2 2 8Fee matters 7 7 4 22 40Aiding the unauthorized practice of law 1 1 3 4 9Breaches of confidentiality 1 2 0 15 18Conflict of interest 6 2 7 32 47Neglect or incompetence 58 27 35 218 338Communication with adverse party 0 0 2 7 9Trial publicity, trial conduct 0 0 1 1 2Frivolous or unwarranted litigation 0 1 0 7 8Threatening criminal prosecution 1 1 0 0 2Disrespect of court 0 0 0 0 0trust Account irregularities 3 1 1 1 6Totals 113 56 66 395 630Note: The total number of complaints by type of complaint exceeds the total number of complaintssubject to determination because some complainants alleged more than one type of violation.Steven C. Vanden Berg, Mason CityRevocationSupreme Court Order, June 16, 2004Vanden Berg filed an affidavit with the IowaSupreme Court consenting to his disbarmentunder the provisions of Iowa Court Rule35.15(1). The Court entered its Order ofDisbarment on Consent June 16, 2004.Ryan B. Moorman, Des MoinesTwo year suspensionSupreme Court Decision, June 16, 2004Although the Grievance Commission panelthat heard the Board of Professional Ethics andConduct’s complaint against Moorman hadrecommended a six month suspension, theIowa Supreme Court, upon its de novo review,imposed a two year suspension. The Courtfurther conditioned Moorman’s readmissionupon a showing he had acquired malpracticeinsurance.Moorman failed to respond to the Board’scomplaint to the Grievance Commission andfailed to appear at the hearing. One formerclient testified she employed Moorman topursue her claim for personal injuries arisingfrom an automobile accident on a contingentfee basis. Moorman failed to file her petition.After admitting his failure to timely file herpetition, Moorman agreed to pay his client$20,000, which he advised his client she wouldhave received if properly pursued. Moormandid not carry professional liability insurance.Moorman agreed to pay off the $20,000 inmonthly installments of $500.00. Moormandid not advise his client to seek independentlegal advice with respect to that settlementagreement, and, in addition advised her shewas not to disclose it. Moorman made only afew sporadic payments.Moorman also promised to pay for the costof an operation his client needed as a result ofthe injuries she sustained in the automobileaccident. Although the surgeon performed theoperation, Moorman did not pay as promisedIn addition, Moorman offered to misrepresentthe date of his client’s injury to her insurancecompany to obtain medical coverage forhis client.The Deputy Clerk of the Iowa Supreme Courttestified that appeals Moorman took in fiveseparate criminal and juvenile cases had beendismissed because he had failed to make thenecessary filings, was the worst violator of thetime requirements of the rules of appellatepractice in the state, and had accumulatednearly $900 of unpaid default fines in appealssince 2000.20 THE IOWA LAWYER July 2004

ATTORNEY DISCIPLINARY CASESConcluding that: “Moorman, however, hasnot only established a reputation as anattorney who frequently ignores time lines, hehas inflicted great harm on a client as a resultof his neglect in his office practice. He alsorepeatedly engaged in conduct during thecourse of his client relationships that adverselyreflected on his fitness to practice law. Hisclandestine attempt to limit his personalliability to his client and his offer to engagein fraudulent conduct support additionalpunishment. Finally, Moorman’s failure torespond to the proceedings and to cooperatewith the Board reflects adversely on hisgeneral fitness to practice law and is anadditional factor in imposing discipline,” theCourt suspended Moorman’s license topractice law with no possibility of reinstatementfor a period of not less than two yearsand that upon application for readmissionhe was to show he had acquired malpracticeinsurance.Deborah K. McKittrickAnkenyThree-Month SuspensionSupreme Court DecisionJune 16, 2004McKittrick represented a client in adissolution action involving disputed childcustody. Due to her repeated failures toprovide discovery, most of her witnesses wereexcluded from the trial, so that only the clienttestified. The opposing party was grantedprimary physical care of the child. The Courtheld that McKittrick’s neglect violatedDR 6-101(A)(3) and adversely reflected on herfitness to practice law under DR 1-102(A)(6).Her failure to adequately supervise employeesalso violated DR 3-104(D).Although McKittrick discounted her bill, theclient declined to pay it. Compounding theinterest on the bill at the rate of 1.5% permonth, it grew to $6,300. Two years after thedissolution, McKittrick filed an attorney’s lienfor that amount, seeking to encumber themarital home awarded to her client. Althoughthe Court declined to find that the interestcharged was usurious, it did conclude thatcompounding the interest was impermissible,when there had been no agreement forcompounding. The resulting illegal financecharge was held to violate DR 1-102(A)(6)(conduct adversely reflecting on fitness topractice law). Furthermore, the Court foundthat filing an attorney’s lien on the client’shome was not authorized under Iowa CodeSection 602.10116 and resulted in economiccoercion. Thus, McKittrick’s assertion of thelien was found to be conduct prejudicial to theadministration of justice and adverselyreflecting on her fitness to practice law.When the client needed to refinance themortgage on her home to obtain funds tofile for a modification in an effort to obtaincustody, the client discovered the attorney’slien. McKittrick then demanded $2,000 fromthe refinancing proceeds to release the lienand obtained a confession of judgment totake effect should any future paymentson the remaining debt be unpaid. Amisunderstanding arose on the due date of themonthly payments, and McKittrick promptlyfiled the confession of judgment. She thenbegan garnishing her client’s wages, whichdrove the client into bankruptcy. The Courtfound the use of the confession of judgment inthis manner was oppressive and adverselyreflected on McKittrick’s fitness to practice law.Summarizing, the Court found: “McKittrickchose to pursue a fee claim that was tainted byher own professional neglect. McKittrick thenwaited to pursue the collection of the fee untilthe imposition of an illegal interest doubledthe amount owed. She then used aggressivetactics and procedures over an extensiveperiod of time that were both illegal andunprofessional, and eventually contributed to afinancial burden for the client that forced herinto bankruptcy.”In view of this conduct and the fact thatMcKittrick had been privately admonished onfour previous occasions in connection with herdissolution practice, the Court suspended herlicense to practice law for a minimum of threemonths.William Nelson Twohey, Ottawa, IllinoisOne year suspension on reciprocal disciplinefrom IllinoisSupreme Court Order, June 22, 2004In its order suspending Twohey’s license topractice law in Illinois, the Illinois SupremeCourt conditioned Twohey’s readmission on hispayment of restitution in the amount of$8,300. Pursuant to its Rule 35.12(3)(Reciprocal Discipline) the Iowa SupremeCourt entered an order on June 22, 2004,imposing an indefinite suspension, with nopossibility of readmission for one year andfurther requiring that Twohey satisfy theIllinois restitution requirement before seekingreadmission in Iowa.American Associationof ADR AttorneysMEDIATORTRAININGRichard M. Calkins, former dean ofDrake Law School.PRIMARY CLASS(40 hrs. CLE, 2 hrs. ethics):Date: August 9-13, 2004Location: Des MoinesTime: 8:30 a.m. to 5 p.m., each dayADVANCED CLASS(24 hrs. CLE, 1 hrs. ethics):Date: July 14-16, 2004Location: Des MoinesTime: 8:30 a.m. to 5 p.m., each dayIf you would like an application, contact:Susan Ewing801 Grand Avenue, Suite 3140Des Moines, IA 50309Ph: (515) 283-0331 • Fax: (515) 283-0702Email: amta@dwx.comCOURT APPOINTED RECEIVERSSince 1984. Experience in large Commercial Real EstateForeclosures involving Office, Industrial, Multi-Family,Special Use Projects, Restaurants, and Retail MallsFor information and details contact:Thomas M. SlatteryHERITAGE ASSOCIATES CORPORATIONPhone: (319) 365-3610 Fax: (319) 362-9126Cedar Rapids, IAEmail: tmslattery@heritage-associates.comTHEIOWA LAWYER July 2004 21

TRANSITIONSMatthew G. Whitaker, formerly of theFinley, Alt & Smith Law Firm in Des Moines,has been appointed United States Attorneyfor the Southern District of Iowa.Theresa Wilson has been electedpresident of the Board of Directors of theIowa Civil Liberties Union.Theresa received her Juris Doctorate fromDrake University Law School in 1998 and isan assistant appellate defender with theState Public Defender system.The law firm of McDonald, Stonebraker,Cepican & Woodward, P.C., of Davenporthas changed its name to McDonald,Woodward and Ivers, P.C.Claire R.MattanClaire R. Mattan hasjoined Casey’s GeneralStores, Inc., CorporateHeadquarters LegalDepartment in Ankeny asassociate legal counsel.Claire graduated with herBachelor of Arts cumlaude in 1991 from Coe College andreceived her Juris Doctorate with highdistinction from the University of IowaCollege of Law in 1996.She practiced with Morrison and Hecker,L.L.P. and then Stinson, Morrison, Heckerin Kansas City for seven years. She isadmitted to practice law in Kansas,Missouri, and Iowa. Claire is a member ofthe Missouri, Kansas, Iowa State andAmerican Bar Associations.TRANSITIONS SUBMISSIONSCopy deadline for Transitions is 30 days before the month of publication. Please follow the same style publishedhere and keep submissions short and to the point. For new hires and promotions, the name of the law firm isnot as important as the individual involved, so mention the lawyer first. Always submit a photo of the subject.If it is to be digital, please use the “.jpg” format only. Make all submissions in plain text or Microsoft Word“.doc” format via e-mail to ccorcoran@iowabar.org and please do not expect late submissions to be publishedimmediately. We need at least a 30-day interval before publication. Include office phone number and name ofthe person furnishing the copy. Submissions by U.S. Mail to Editor, The Iowa Lawyer, 521 East Locust St.,Flr. 3, Des Moines, Iowa 50309-1939, also are acceptable with the same requirement for a 30-day lead time.Questions? Call Chuck at 515-243-3179. Thank you for your assistance.ProfessorScott H.HughesProfessor Scott H.Hughes has been promotedto the rank of full professorand granted tenure bythe University of NewMexico School of Law.Scott received his J.D. cumlaude from CreightonUniversity School of Law in1976 and practiced in Council Bluffs from1978 – 1993. He then went to TempleUniversity School of Law as an Abraham L.Freedman Graduate Fellow and lecturer inlaw where he received his LL.M. in 1995.After teaching at Thomas Cooley School ofLaw and the University of Alabama, hejoined the faculty at New Mexico in 1999.Scott teaches primarily in the fields of conflicttransformation, including Introductionto Alternative Dispute Resolution,Mediation, and Theory of Conflict. He ismember of the Board of Directors of theAmerican Academy of ADR Attorneys and isits director of education.Oneadvertisingyour business easyOnemakescompanyOne company enables you to list your business in the Iowa Legal Directory,the Official Directory of the Iowa State Bar Association, and on the worldwide web at www.legaldirectories.com. Solutions to meet today’s needs andtomorrows challenges. In an increasingly competitive world, one companyis leading the way. Legal Directories Publishing Company.Iowa Legal DirectorySince1935Legal Directories Publishing Company 9111 Garland RoadDallas, TX 75218 800-447-5375 fax 214-320-4869 www.legaldirectories.com22 THE IOWA LAWYER July 2004

Take a ride with us this year -ISBA Young Lawyers have the keys to successNow that Aaron Oliver haspassed the gavel of the YLDpresidency to me, I feel likea 16-year-old who just got thekey to a shiny new sports car.This baby has plenty underJoe Moreland the hood, handles like adream, and can go from 0 to60 young lawyer volunteers in about 5.5well-placed phone calls.Before I put the key into the ignition, itwould be wise for me to remember, andfollow, the “keys” to the YLD’s success.These keys explain why the YLD issuch a strongorganization.Key 1: OutstandingVolunteersAbove all, theYLD’s success relieson the quality of its young lawyervolunteers. Those who volunteer with theYLD are simply amazing. They providecountless hours of time even though mostare dealing with billable hour demands;the demands of starting families; andseparate responsibilities to local serviceorganizations. YLD volunteers areenergetic, talented, and creative. Thisorganization is all about its volunteers.Key 2: Outstanding LeadershipThe YLD’s success is also explained by ahistory of strong leadership. Since 1998,when I became involved, the YLD hasbeen guided by Alan Olson, ElisabethReynoldson, Debbie Neumeyer, PaulAhlers, Tim Semelroth, and Aaron Oliver.These young lawyers have not just beengreat YLD leaders, indeed they are nowleaders within the ISBA. Each has madeenormous contributions to uphold theYLD’s strong tradition of public andmember service. What I have learned fromeach of them will serve me well over thenext year. Looking forward, I am fortunateto have Matt Preston (president-elect) andJen Bries (treasurer) as officers on myleadership team. They both areoutstanding leaders who will keepthe YLD on the road of success incoming years.YOUNG LAWYERS DIVISIONY L DIOWA STATE BAR ASSOCIATIONKey 3: Public Service ProjectsThe YLD’s focus is on public service.Much of the contact the ISBA has with thepublic is via the YLD’s service. Whether itis judging mock trials or refurbishing aroom at a domestic abuse shelter, the YLDinteracts with the public. Whether it isteaching high school seniors about theimportance of jury service or explainingconflict resolution to grade school students,the YLD interacts with the public.Whether it is demonstrating “Trial By Jury”at the Iowa State Fair or quizzing highschool governmentstudents about theUnited StatesConstitution, the YLDinteracts with thepublic. The YLD willcontinue to foster apositive image oflawyers through public service projectslike these.Key 4: Support of the ISBAAnother key to its success is thetremendous support the YLD receivesfrom the ISBA officers, the ISBAFoundation, and our unbelievable barstaff. As an officer of the YLD, I representIowa at national ABA/YLD conferences. Iget to meet young lawyer officers fromstates across the country. In discussingthe obstacles other YLD organizationsface on projects within their states, I havedeveloped a supreme appreciation of thesupport that the YLD receives from theISBA and its staff. The YLD is fortunate tohave ISBA officers who not only volunteerthemselves but recruit other volunteers forour projects. The YLD is also blessed witha long history of financial support fromthe ISBA Foundation for its projects.Finally, it would not be possible for theYLD to have such a long history of successwithout the tremendous support of thebar staff.Key 5: Having FunWe should remember that the YLD’ssuccess depends on young lawyers fromacross the state working together andhaving fun. The unofficial motto of theYLD is “Work Hard/Play Hard” (also putanother way: “Sleep when you’re dead.”).To recruit outstanding volunteers, we mustcontinue to make bar service fun. Theseare volunteers after all. No one wants toparticipate in boring activities. With this inmind, the YLD has hosted the “LeisureSuits and Leg Warmers Ball” the past twoJanuarys. While there will not be a Januarystatewide YLD event this year, the YLD ishosting the ABA/YLD Midwest RegionalConference in September (see this issue’sCover Story). I guarantee that this eventwill be in keeping with the YLD’s traditionof top-notch, substantive programmingfollowed by can’t-miss social activities.Drivers, Start Your Engines!!To become involved in the YLD,contact me at 319-337-9606; Matt Prestonat 319-866-9277; or Jen Bries at319-234-2237. You also can contact meat moreland@hhbmlaw.com Come joinus for a great bar year. It should bequite a ride.&VALUATIONSEXPERTTESTIMONYWhen Results CountBusiness Valuation for:> GiftandEstateTaxes> Employee Stock Ownership Plans> Family Limited Partnerships> Intellectual PropertyExpert Testimony for:> Lost Profits/Earnings Analysis> Stockholder Disputes>CommercialDamages> DissolutionsOffices Coast to CoastMidwest Managing DirectorTerry J. Allen, ASA, CPA/ABV3605 SW 29th StreetDes Moines, IA 50321515.953.4498THEIOWA LAWYER July 2004 23

Liability Insurance Quiz Answers1. All insurance carriers offer the same coverage features. FALSE. Whilemost of the insurance policies appear to provide the same basic contractualfeatures such as an insuring agreement, exclusions and conditions theextent of coverage can vary significantly from one policy to another.During the very competitive past decade, lawyers have been given a choiceof how their deductibles are paid, how claim expenses affect their limitsand broad prior acts coverage. Insurance companies have used these featuresto distinguish themselves in the market. As the market changes, however,firms may see a reduction in the choices they are offered.2. I am always covered for legal services, even when I’m talking to my neighboracross the back yard fence. FALSE. Contrary to what many think, youare not automatically covered. Most insurance contracts do provide coveragefor all legal services. However, there is a clause in some contracts thatcan radically alter this coverage. Generally the clause is found in the definitionof “Named Insured” and contains wording such as “only while actingon behalf of the Named Insured”. This restricts coverage to only thoselegal services performed on behalf of the firm.3. All former members of the firm are covered by my policy even after theyhave left the firm. FALSE. Again, a majority of the insurance companiesdo provide this protection to policyholders. There are a few companiesoffering coverage in Iowa that provide this coverage ONLY if the formermember of the firm is no longer engaged in private practice. This meansthat if a firm has associates or partners who have left the law firm for anotherfirm or to start their own practices, it is possible that the departing lawyerwould not have continued individual coverage for acts on behalf of his formerfirm. Why is this important? Many new practices are written withoutprior acts coverage. If the former firm doesn’t continue to cover the formeremployee for his/her individual acts on their behalf and the individual policydoesn’t, a gap in coverage exists for the individual. As the market shifts tomore restrictive underwriting not all attorneys will automatically be providedprior acts.4. My paralegal and secretary are also covered for the work they perform.TRUE. After reviewing most of the Lawyers’ Professional Liability policyoffered in Iowa we did not find any case of this being excluded from thepolicy. All of the policies reviewed did make it clear that this coverage is forthe work they perform in the scope of their regular employment with thelaw firm. Risk managers advise that the processes of the firm should be setup to allow the attorney to review and approve all work of subordinates.Please note that employment by the law firm is required. Independent contractorswould not have individual coverage under the firm’s policy.5. Full Prior Acts coverage means that I have coverage for all of the legal servicesI have ever done. TRUE. “Full Prior Acts” is a term used to describecoverage for claims arising from services provided prior to the effective dateof a claims made policy.6. When I leave one firm and go to another, I need to be concerned about myindividual for work I did while I was with my former firm. TRUE.Contrary to what many insureds think, your individual coverage for workthat you did for your former firm is not always guaranteed. If your formerfirm dissolves and doesn’t purchase extended reporting period coverage orchanges insurance companies, you may not be protected. That is why it isalways a good idea to purchase prior acts coverage under your individualpolicy or have an agreement with your former firm that they will continueto cover you.7. When an attorney joins my firm I can’t be sued for work they did at anotherfirm. FALSE. If you, as the hiring entity, accept the prior acts coverage ofan incoming attorney you are also picking up the possibility your new attorneymay be sued for something they did before joining your firm. In theory,the firm they came from will also have coverage and the two insurancecarriers will work together to resolve the claim. In reality, it is often heldthat the attorney who committed the alleged error is the primary insurancecoverage. If that attorney now works for your firm, it is your policy thatcould answer. This is not as implausible as it sounds. One of the largestclaims the ISBA administrator, Marsh, has encountered in Iowa was thisexact scenario.8. As a sole practitioner I should always have a back up attorney in case I suddenlycould not practice law. TRUE. This is one of the best and least difficultrisk management tools for an attorney to implement. Many carriersrequire a solo practitioner to list the name of their back up attorney on theapplication. Often this involves working through active cases to assign themto other counsel or to make appropriate filing deadlines. Under someinsurance policies your back up is covered for the work they do on yourbehalf while covering for you. It is a good idea, however, to be sure thatyour back up carries professional liability insurance with comparable limitsto yours. Some firms have expressed a concern that this is a breech ofclient confidentiality. You do have the option of disclosing to your clientswho your back up attorney is in the event you are unable to practice.9. Insurance carriers have a duty to defend the firm until coverage issues areresolved. TRUE. The insurance carrier may issue a “Reservations ofRights” letter informing the firm there may be a coverage issue, but theygenerally do continue to defend the policy holder unless the policy’s exclusionsspecifically exclude any obligation to defend or there are no otherallegations of covered activities.10. The term “Claim Expense Inside” means that the amount available to paya claim is reduced by claim expenses. TRUE. Under this option every dollarover the firm’s deductible that is used to defend the firm is applied tothe Per Claim Limit. Another common term for this is “diminishing limits”.The reverse of this is to have Claim Expense Outside, which can take severalforms. Some carriers allow full claim expenses above and beyond adeductible. Others will limit the overall claim expenses to equal the PerClaim Limit. The important distinction, though, is that at the end of theday with “Claim Expenses Outside” you will still have your full limit availableto pay towards a judgment or settlement.11. It doesn’t matter to my insurance company if I hold equity in a client’sbusiness and provide legal services. FALSE. This issue is becoming anunderwriting “hot button” as the market changes. Underwriters view thistype of activity as a conflict of interest and will take appropriate underwritingaction. Some insurance carriers allow up to a 10% equity thresholdbefore an automatic exclusion applies, some simply exclude claims arisingfrom legal services for that client. Getting into business dealings with yourclients is never a good idea.12. Suing a client for unpaid legal fees is an acceptable risk management procedure.FALSE. Statistics support the insurance carrier’s position that thisis not an acceptable practice. In an article published by the ABA LPLAdvisory, author Phillip D. Fraim says that in 1997 “as many as 20 of claimsfiled against lawyers were responses to suits for fees.” Counterclaims of negligentrepresentation are the hazard of bring suit against your client andthis is the concern insurance carriers are addressing when they ask about afirm’s history of bringing suit. There are cases where bringing suit may bethe only recourse for a law firm. In those cases you should always reviewthe file to make certain the client clearly understood the billing methodwhen hiring the firm and to verify that all legal services were performedappropriately. Client screening practices, fee agreements and engagementletters should be used up front with a client to help minimize any misunderstandings.Written documentation is vital to your defense if you are sued.13. I should always turn in potential claim matters to preserve my coveragerights. TRUE. Many insurance carriers actually provide incentives such as areduced deductible or additional defense costs if a firm involves the carrierimmediately in a potential matter. Often the carrier’s early involvement inany potential claim matter can diminish or eliminate the situation before itbecomes an actual suit, which serves to keep costs down for everyone.Another aspect of early reporting becomes apparent when you are changingcarriers. Claims made coverages usually contain language that excludescoverage for circumstances known prior to the inception of a policy. Thepolicyholder must report any potential claims to their current carrierbefore making a change to a new carrier. Determining what is a potentialmatter is difficult, but there are resources available to help with this decision.Most insurance carriers and the American Bar Association offer attorneyhotlines where you can discuss potential matters on an informal andconfidential basis. The website for the American Bar Association iswww.abanet.org.14. Turning in a potential claim will automatically increase my insurance rates.FALSE. A main function of the underwriter is to determine what situationsare valid and which ones may only be nuisance cases. Obviously if there is apattern within a firm’s potential claims an underwriter may choose to recommendrisk control procedures or take rating action.15. I could pay more than my neighbor does because I practice in a differentarea of the law. TRUE. Certain areas of practice do increase an attorney’srisk of having claims and those practice categories are rated differently.The 1999 claim study conducted by the American Bar Association gives statisticsfrom most of the major Lawyers Professional Liability insurance carriers.Personal Injury - Plaintiff and Real Estate areas of practice led the listof claims by area of practice. Another area that has come to the forefrontduring the current market is Copyright/Patent/Trademark, more specificallyIntellectual Property. Increased claims will drive the pricing behind acertain area of practice, which is why carriers request a breakdown of afirm’s practice areas.24 THE IOWA LAWYER July 2004

CLASSIFIED ADSPUBLISHER’S NOTEE-mail submissions to the CLASSIFIED ADVERTISING section are requested. They savekeystrokes, 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 wantyour ad to appear and state how long the ad is to run. Each ISBA member of a private lawpractice receives two free insertions annually. Corporate and government attorney membersof the association receive the same free privileges for their business, non-employer-relatedads. If you have questions, call Chuck Corcoran at 515-243-3179. E-mail your copy toccorcoran@iowabar.orgThe number appearing in parentheses after each ad is not a box number. It indicates thedate the ad will be pulled from the magazine. (TF) indicates the ad will run until we receiveinstructions to pull it.COMMERCIAL ADVERTISERS:Contact Shannon Espenscheid, 641-474-2280 or David Larson, 515-440-2810.Positions AvailableATTORNEY – AmerUs Life InsuranceGroup is searching for an in-house attorneyin Des Moines, IA. This position will workwith general life operations, distribution,regulatory, litigation, and general businessmatters. The qualified candidate will have aJD and a minimum of 3 years experiencepracticing law. Life insurance industry andagent relationship experience is preferred.Experience with business practice, tax,employee benefits or litigation is a plus.Qualified candidates must have strong writtenand oral communication skills, excellentanalytical and conceptual reasoning skills,understand business as well as legal issues andhave a desire to work on a variety of legalmatters and with a variety of clients.Contact: AmerUs Group, Kathy J. Bauer,Vice President, Human Resources, Fax:515/362-3686, E-mail address:kathy.bauer@amerus.com(SE)ATTORNEY SOUGHT with a least threeyears’ experience in employment litigation.Workers’ compensation experience also beneficial.Strong academic background andadmission to the Nebraska Bar required.Competitive compensation and benefits package.Confidentiality respected. Please send ore-mail cover letter and resume to MiriamNelson at Baird Holm McEachen PedersenHamann & Strasheim, LLP, 1500 WoodmenTower, Omaha, Nebraska 68102.mnelson@bairdholm.com (0904)NORTHCENTRAL/NORTHWESTERNIowa Firm seeks to hire a lawyer with experienceand interest in litigation. Please sendresume, references and letter of interest toThul Law Firm, 5000 Thul Business Center,405 Broad Street, P.O. Box 445, Whittemore,Iowa 50598. Must be licensed in Iowa or qualifyunder motion to practice in Iowa in shortamount of time. (0904)ATTORNEY WANTED – Expanding CedarRapids AV-rated firm seeks a highly motivatedattorney with experience in personal injury,worker’s compensation and or labor/employmentlaw. We represent the injured party.Competitive compensation. You may reply inconfidence to Bob Rush, Rush & Nicholson,P.L.C., P.O. Box 637, Cedar Rapids, Iowa,52406-0637, or e-mail bob@rushnicholson.com(TF)TRANSACTIONAL LAW ATTORNEY –Des Moines Law Firm has an opening for anattorney with two to five years of experiencein transactional area of law including commercialand residential real estate, estate,trust and probate law, debtor/creditor law,and general business law. Successful candidatewill have excellent analytical, interpersonal,and research and writing skills. Salarycommensurate with experience and qualifications.Inquiries will be held in confidence.Send resume to code No. 7004, C/O TheIowa State Bar Association, 521 East LocustStreet, Fl 3, Des Moines, Iowa 50309-1939.(0904)ATTORNEY WANTED – AV-rated generalpractice law firm seeks highly motivated associateto practice in litigation and family law.Please send resume to Phil Watson, P.C., 535E. Army Post Rd., Des Moines, Iowa 50315 ore-mail phil@watsonpc.com (0904)LONG ESTABLISHED GUTHRIECENTER law office has opening for attorneywho wishes to join a practice with an eye topartnership. Prefer Iowa-licensed attorneywith one to three years experience, but opento discuss arrangements. Contact RobertFeilmeyer of Taylor, Feilmeyer & Wendl,P.L.C., at taylolaw@netins.net Write to Box37, Guthrie Center, Iowa 50115. Phone641-332-2216. Fax 641-332-2537 (0904)LINCOLN, NEBRASKA-BASED, businesslaw firm with nationwide clientele seeks 2-5-year associate, 11th attorney, with outstandingacademic credentials and experience inSecurities Law and Business Transactions.Work on sophisticated transactions, such asfive pending public offerings of equity securitiesas issuer’s or underwriters’ counsel, mergers,acquisitions, and credit facilities for publicand large private clients. Collegial, casualwork environment, in city with limited commuteand excellent school systems, focuses onproactive, results-driven client service andquality lifestyle. Compensation is comparableto that paid in larger law firms in KansasCity/St. Louis. Résumé to escudder@scudderlaw.com(0904)ATTORNEY WANTED – Expanding plaintiff,AV-rated firm seeks a motivated attorneywith experience in personal injury and worker’scompensation. Please send resume toBob Rush, Rush & Nicholson, P.L.C., PO Box637, Cedar Rapids, Iowa, 52406-0637, or e-mail: bob@rushnicholson.com (0904)SULLIVAN & WARD, PCMEDIATION &ARBITRATION GROUPLarry McLellanBoard Certified Mediator bythe American Academy of ADR AttorneysRobert M. HollidayMember of the American Academy of ADR AttorneysHarlan (Bud) HockenbergLawrence F. ScaliseConducting Mediations& Arbitration in thefollowing areas:• Attorney Fee Disputes• Business and Corporate• Construction• Employment• Environmental• Family Law• Government Contracts• Insurance Coverage Claims• Personal Injury• Probate• Toxic Torts (Asbestos)• Wrongful Death(515) 244-3500801 Grand Avenue, Suite 3500Des Moines, IA 50309www.sullivan-ward.comTHEIOWA LAWYER July 2004 25

CLASSIFIED ADSATTORNEY – Well-established AV-ratedfirm, with primary offices in Muscatine andDavenport seeks highly motivated attorney toassist in the firm’s general business practicewith an emphasis in corporate and contractingmatters. Candidates should have at leasttwo years of practice experience in moderateto complex transactions and possess excellentclient development skills. Competitive salaryand benefit package. Send resume and letterof interest to John A. Kuhl, Stanley, Lande &Hunter, P.C., U.S. Bank Center, 201 W.Second Street, Suite 900, Davenport, Iowa52801, or e-mail Jkuhl@slhlaw.com (0804)ATTORNEY – McDonald, Woodward &Ivers, P.C .a Quad Cities firm, is seeking anattorney with experience to work in the areasof general practice, personal injury litigation,insurance defense and worker’s compensation.Candidates licensed in both Iowa andIllinois will be preferred. Please send confidentialletter of interest and resume to ElliottR. McDonald III, P.O. Box 2746, Davenport,Iowa 52809 or to emcdonald3@mwilawyers.com (1040)The moreyou seethe betterwe look.ATTORNEY WANTED – A Cedar Rapidslaw firm consisting of four attorneys, withone retiring, is seeking an attorney with aminimum of two years of experience. Thefirm’s primary practice includes litigation,municipal and labor law including representingmany school districts. All inquires shallbe held confidential. Potential for significantincome. Send resume, professional referencesand letter of interest to The Iowa Lawyer,Code 60104, 521 East Locust Street,Des Moines, Iowa 50309. (0804)ASSOCIATE ATTORNEY – Established lawfirm near downtown Des Moines seeking anassociate interested in practicing primarily inthe area of civil litigation. All inquiries held inconfidence. Please send resume and coverletter to Grefe & Sidney, P.L.C., Attention:Andrew D. Hall, 2222 Grand Ave.,Des Moines, Iowa 50312 (0804)Tax ProfessionalsATTORNEY – Mid-size AV-rated Sioux City,Iowa, law firm is seeking an attorney with5+ years practicing primarily in real estate,banking and business law. We offer anexcellent salary and fringe benefits package.Must be licensed or eligible for license inIowa. Send resume, professional referencesand letter of interest by mail to Crary, Huff,Inkster, Sheehan, Ringgenberg, Hartnett &Storm, P.C.; Attention: Cody M. McCullough,P.O. Box 27, Sioux City, Iowa 51102, or bye-mail to cmccullough@craryhuff.com (0804)ATTORNEY WANTED – Sole practitionerin north central Iowa has excellent opportunityfor individual desiring his or her ownpractice. Located in historic registry buildingtwo blocks from courthouse, Prairie Schoolbuilding has space available for office, conferenceroom, legal resources, as well as accessto legal assistant. Experienced attorney presentfor referrals and consultation, but youretain your autonomy. Ideal for anindividual starting out. Specific arrangementsto be worked out on a case by case basis. Sendresume, professional references, and letter ofinterest to Young Law Office, 114 FourthStreet Northwest, Mason City, Iowa 50401.(0804)OPPORTUNITY for experienced attorneyto relocate. Attorney having an establishedpractice for over 40 years in North CentralIowa county seat seeks successor due todesired retirement. If your current situationis such that your potential success is limited,you need to explore this opportunity. Makeinquiry to Code 69901, The Iowa Lawyer,521 East Locust Street, Des Moines, Iowa50309-1939. (0804)KPMG Affirmative Action, Equal Opportunity Employer, M/F/D/V.© 2004 KPMG LLP, the U.S. member firm of KPMG International, a Swiss cooperative. All rights reserved. Printed in the U.S.A.www.kpmgcareers.comAt KPMG LLP, you can count yourself among some of the best and the brightest. We're proud of ourtalented people. And proud, too, of how we nurture that talent along the way. We currently seek clientfocusedAssociates to join our growing practice in Des Moines.Working as a part of a multi-disciplinary team, you will provide industry knowledge andexperience as you advise clients on a full spectrum of corporate tax services including planning,research, and compliance.These positions require 2-4 years of experience with a BS degree in Accounting and a JDrequired. A CPA is preferred as well as knowledge of personal financial planning or corporate tax.Excellent research and writing skills are essential, as is the ability to handle multiple engagements.We offer a comprehensive compensation and benefits package. Interested? We strongly encourageyou to apply online at www.kpmgcareers.com referencing Job Code 04065036; resumes receivedthrough our Web site are available for consideration as early as the next business day. Alternatively, youmay send a scannable resume to: KPMG Centre, Attn: Resume Processing, 717 North Harwood Street,Suite 3100, Dallas, TX 75201-6585. Include the Job Code indicated above in all cases. No phone calls oragencies please.IOWA LEGAL AID – which has regionaloffices located in Cedar Rapids, CouncilBluffs, Des Moines, Dubuque, Iowa City,Mason City, Ottumwa, Sioux City, andWaterloo, is seeking applications for staffattorney positions. Positions are anticipatedin some, but not all, offices.Salary dependent on experience. Excellentfringe benefits. To apply, submit letter ofapplication (indicate geographic restrictions),résumé, transcript (recent graduates only),recent representative writing sample and atleast three professional references to DennisGroenenboom,Executive Director, Iowa Legal Aid, 1111Ninth Street, Suite 230, Des Moines, Iowa50314-2547. Iowa Legal Aid is an EqualOpportunity Employer. (0804)26 THE IOWA LAWYER July 2004Iowa Lawyer

CLASSIFIED ADSEXPERIENCED TRIAL ATTORNEYseeking senior or lateral associate position.Twenty-plus years of general trial and generalpractice experience, admitted in threejurisdictions and Federal Courts. Excellentcredentials. Seeking to focus on the workand let someone else do the administrativeend of things. Please reply toatticus@iowatelecom.net (0804)MID-SIZE AV-RATED SIOUX CITY lawfirm is seeking an attorney with five-plus yearspracticing primarily in real estate, bankingand business law. We offer an excellent salaryand fringe benefits package. Must be licensedor eligible for license in Iowa. Send resume,professional references and letter of interestby mail to Attn: Cody M. McCullough;Crary, Huff, Inkster, Sheehan, Ringgenberg,Hartnett & Storm, P.C.; PO Box 27;Sioux City, Iowa 51102, or by email tocmccullough@craryhuff.com(TF)ASSOCIATE WANTED – Well-establishedand growing AV-rated firm, with substantiallitigation and employment law practices withoffices in Cedar Rapids and Iowa City seekshighly motivated attorney with 1-5 yearsexperience practicing in litigation and/oremployment law. Compensation competitive.Send resume to Timothy J. Hill, Bradley &Riley PC, PO Box 2804, Cedar Rapids, Iowa52406-2804, or email thill@bradleyriley.com(TF)Position SoughtLET ME DO THE WRITING FOR YOU!Attorney with four years’ experience as a judiciallaw clerk in trial and appellate courtsseeks a position as a researcher/brief writeron a contract basis. Available full- or parttime.Terms negotiable. Please call 515-360-9397 or e-mail svec-carstens@iowabar.org formore information. Resume, writing samplesand references available upon request. (0904)Legal ServicesMEDIATION AND ARBITRATIONSERVICE – Located in Fort Dodge, Albert L.Habhab is available at 1218 Eleventh AvenueNorth. He retired as chief judge of the IowaCourt of Appeals in 1972 and as a seniorjudge late last year. His practice is limitedto alternative dispute resolution. Office515-576-2310. (0904)FOCUS ON YOUR TRIALS. Experiencedtrial attorney/general practice available towrite briefs for trials or appeals. Twenty-plusyears of general trial and general practiceexperience. Admitted in three jurisdictionsand Federal Courts. Excellent credentials,references available. Please reply toatticus@iowatelecom.net(0804)ATTORNEY MEDIATOR – Christine Crilleyof Crilley Law Offices is expanding hermediation practice. She will continue toprovide mediation services as a Linn CountyFamily Law Roster Mediator, but now willprovide mediation for other areas of disputesuch as real estate/construction, insurance,civil litigation, and organizational conflicts(such as workplace, businesses, and churches).Crilley Law Office facilities can providemultiple meeting areas for participants andmultiple-party mediation. She also will travelto your designated mediation location. Forfurther information, please contact ChristineL. Crilley, 205 First Ave. SE, Cedar Rapids,Iowa 52401. Phone 319-363-5606 (0804)Business Valuationsand Litigation SupportCareer CenterARE YOU SEARCHING for a new associateor law partner? Are you looking for a differentfull- or part-time position? Go to www.iowabar.org and click on the ISBA CareerCenter.(TF)Expert SoftwareLegalWorks Guidelines for Iowa. IBMWindows Compatible/Windows version.Calculates child support pursuant to Iowachild support guidelines worksheet andclient’s financial affidavit. Call 888-282-5291for pricing and delivery information.Satisfaction guaranteed. LegalWorksSoftware, P.O. Box 22127, Des Moines,Iowa 50325.(SE)Office Space AvailableAIRPORT WEST PLAZA – Great executiveoffice space for small to medium sized lawfirm. Large offices. Beautiful conferenceroom. Plenty of storage and nice kitchen/break room area. Please call Angela Tessau at515-971-6956 (SE)PLAZA LAW OFFICE – Office spaceavailable in suite of law offices in The Plazain downtown Des Moines; includes staff,services, equipment and utilities. Reasonableterms. All inquiries confidential. Phone515-244-7820. (SE)N O T I C EUNAUTHORIZED PRACTICE OF LAW VIOLATIONSFor information and to file a complaint, contact:Mark Godwin, Chair – Commission on Unauthorized Practice of Law400 East First Street • Des Moines, Iowa 50309 • e-mail: magodwin@ci.des-moines.ia.usAlan D. RyersonCPA /ABV, ASABUSINESSCAPITALCORPORATIONYour True Strength.666 Walnut Street Suite 1508Des Moines, Iowa 50309515-282-8019 Fax 515-282-0325www.businesscapitalcorp.comGregory L. WeberCPA /ABV, ASATHEIOWA LAWYER July 2004 27

CLASSIFIED ADSDOWNTOWN DES MOINES – Officespace available in law offices located in U.S.Bank Building across the street from the PolkCounty Courthouse. Includes phone systemwith voicemail, copier, fax, kitchen, lounge,two conference rooms, and free client parking.Receptionist provided and paralegalservices available. Phone 515-252-7501. Fax515-282-8470. (0804)Office EquipmentPLEASE DONATE your used computers toDigital Aid, Inc. Computers are refurbishedand distributed to schools in Africa. DigitalAid Inc. is a 501(c)(3) organization. Call fordetails at 515-770-5865 or e-mail us –DigitalAidInc@yahoo.com.(TF)MiscellaneousNOTICE CRIME VICTIMCOMPENSATION SUBROGATION.Do you represent a client who has receivedmedical benefits, lost wages, loss of support,counseling or funeral and burial assistancefrom the Crime Victim CompensationProgram of the attorney general’s office?When your client applied for compensationbenefits, a subrogation agreement was signedpursuant to Iowa Code section 912.12 (1995).The attorney who is suing on behalf of acrime victim should give notice to the CrimeVictim Compensation Program upon filing aclaim on behalf of the recipient. The CrimeVictim Compensation Program will pay aprorated share of the expenses incurred inobtaining a judgment or verdict. Questions?Contact Julie Swanston, MPA CompensationAdministrator, Crime Victim AssistanceDivision, 515-281-5044.(SE)NOTICE TO ATTORNEYS: EstateRecovery Program. Iowa Code section249A.5(2)f(2) provides that medicalassistance recipients, age 55 and older,shall reimburse the state for Title XIXbenefits received. Title XIX funds theMedicaid, Medically Needy, and ElderlyWaiver programs. A medical assistance claimfor reimbursement is a priority claim, IowaCode section 633.425. Iowa Code section249A.5(2)f(2) provides that the personalrepresentative or executor of the estate ofthe recipient may be personally liable for theclaim to the extent of the recipients assets atthe time of death, if such assets were notused to pay the medical assistance debt. Forfurther information contact: Ben Chatman;Estate Recovery Program; 1011 Locust,Ste 200, Des Moines, IA 50309; telephone515-246-9841; fax 515-246-0155; 888-513-5186;http://www.iowa-estates.comE-Mail: estates@sumogroup.com (SE)NOTICE – MEDICAID LIEN: The IowaDepartment of Human Services has a lienagainst the recovery recipients obtained fromthird party tort feasors pursuant to Iowa Code249A.6. Questions? Call CONSULTEC, INC.,Rocco Russo, 1-515-327-0950 ext. 1114. (SE)Vacation RentalWatch the sunset over the Gulf of Mexico.Take advantage of a quiet island with fantasticshelling. Two bedroom, two bathroomcondos at Boca Grande, Florida. Please callYale Kramer at 515-281-9237 for owner’sdiscount. $630 per week and up. (SE)ExpertsArchitecture and Construction ExpertWitness – Architect, and Contractor, 34 yearsexperience. Available to assist plaintiff ordefense attorneys. Specializing in:• Building CodesUniform Building Codes (UBC, UMC,UPC, UEC, UFC) --- Americans withDisabilities Act (ADA) --- OSHA ---International Building Code (IBC) --- LifeSafety Code (NFPA 101) --- Council ofAmerican Building Officials(CABO)• Industry StandardsAmerican Institute of Architects (AIA) ---Associated General Contractors (AGC) ---National Fire Protection Association(NFPA) --- American National StandardsInstitute (ANSI) --- American Society ofTesting Materials (ASTM) --- UnderwritersLaboratories (UL Standards) --- AmericanSociety of Refrigeration EngineersAssociation (ASREA)• Usual and Customary practicesSafety --- Owner – Contractor relationsUndocumented agreements / Changeorders / Cost overrunsWorkmanlike craftsmanship ---Construction methodsLicenses, Affiliations and Memberships:Architectural Licenses: Iowa, Nevada,Indiana --- National Council ofArchitectural Registration Boards(NCARB) --- International Conference ofBuilding Officials (ICBO) --- IowaAssociation of Building Officials (IABO) ---National Safety Council (NSC) ---Iowa/Illinois Safety Council (IILSC) ---National Fire Protection Association(NFPA)John G. Kujac, NCARB • 515-795-4001 (SE)IOWA STATE BARASSOCIATIO NTo reach the Consulting Counsel Assistance Hotline,Contact Attorney Chris GreenDuncan,Green, Brown, Langeness & Eckley, P.C., Des Moines.at 515-288-6440.Mailing AddressesThe ISBA on occasion makes its list ofmembers and mailing addresses availableto carefully screened companies andorganizations, which helps contributenon-dues dollars to the association.If you prefer to not receive mailingsother than those of the bar association,please write or e-mail Beth Schmitz atbschmitz@iowabar.orgE-mail AddressesThe e-mail addresses of bar membersare only used for mailings by the ISBA.They are not sold or rented to anyoneoutside the association. If you do not wishto receive e-mailings from the ISBA,please e-mail Beth Schmitz atbschmitz@iowabar.org28 THE IOWA LAWYER July 2004

THEIOWA LAWYER July 2004 29

30 THE IOWA LAWYER July 2004

Iowa Lawyers Assistance Program800-243-1533If you or any lawyer you know has a stress, alcohol or substance abuse problem,we can help. We are a non-profit corporation offering free assistance to lawyerson a totally confidential basis. The personnel, phone and office are allcompletely separate from the bar association.The director of the program is trained to help. All communications withthe director are confidential under federal law.We can’t help unless you call. We are also available to provide speakers for our local barassociation events to talk about lawyers and stress, alcohol and substance abuse.IOWA ATTORNEYROSANNE LIENHARDand her friends of the MorningOptimist Club of Sioux Citysponsored a stuffed animal drive fortheir 2004 Summer service project.Sick and injured children needed“Fuzzy Friends” to ease their fearswhile staying in the hospital and theclub’s goal was 100 each for thetwo local hospitals. Over 500“stuffies” were donated, the lion’sshare from City of Sioux Cityemployees, and they overflowedproject chair Rosanne’s office.THEIOWA LAWYER July 2004 31