BROADBAND REAL-TIME DIGITAL COURTROOM IS HERE

IOWA STATE BAR
ASSOCIATIO N
THE THE
IOWA LAWYER
Volume 62 Number 7 July 2002
BROADBAND REAL-TIME DIGITAL
COURTROOM IS HERE
ALSO IN THIS ISSUE
November election offers
opportunities
Survey says, “Dress for
courtroom success”
How do you use these:
®, ©,?

2
MOORE
WEINSTEIN
CHISUM AND
MORE FROM
LEXISNEXIS
■ July 2002
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AL4534

Volume 62 Number 7 July 2002 Contents
Published at 521 East Locust
Des Moines, Iowa 50309
Charles Corcoran, Editor
515-243-3179
THE IOWA STATE BAR ASSOCIATION
OFFICERS 2002-2003
President, Alan E. Fredregill, Sioux City
President-elect, Kevin Collins, Cedar Rapids
Vice President, Nicholas Critelli, Jr., Des Moines
Immediate Past President, C. Joseph Holland, Iowa City
Executive Director, Dwight Dinkla, Des Moines
THE IOWA LAWYER
(ISSN 1052-5327) is published monthly by The Iowa State
Bar Association, 521 East Locust, Des Moines, Iowa 50309.
Subscription included in membership fee. Non-members,
$30 per year. Periodicals postage paid at Des Moines, Iowa.
Postmaster: Send address changes to The Iowa Lawyer,
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: Ann Firkins
Classified Advertising
Qualifying ISBA members - 2 months free; $70 thereafter
Non-members - $110 per column inch per insertion
See classified section for details.
For Display Advertising Rates
Contact 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 to
ccorcoran@iowabar.org. Please include your daytime
phone number should we need to contact you with an
answer or for verification. Executive Director Dwight
Dinkla’s electronic mail address is ddinkla@iowabar.org.
Executive Assistant Judi Stout is at jstout@iowabar.org.
Computer Service Director Harry Shipley’s address is
hshipley@iowabar.org.
OFFICERS:
Alan E. Fredregill, president, Sioux City,
(712) 255-8838; Kevin Collins, presidentelect,
Cedar Rapids, (319) 365-9461; Nicholas
Critelli, Jr., vice president, Des Moines, (515)
243-3122; Dwight Dinkla, secretary, Des
Moines, (515) 243-3179, C. Joseph Holland,
immediate past president, Iowa City, (319)
354-0331
DISTRICT 1-A:
Marion Beatty, Decorah, (319) 382-4226;
Stephen Juergens, Dubuque, (319) 556-4011.
DISTRICT 1-B:
C Kevin McCrindle, Waterloo (319) 234-0535;
George L. Weilein, Waterloo, (319) 233-6163.
DISTRICT 2-A:
C. Bradley Price, Mason City, (641) 423-1173;
Thomas A. Lawler, Parkersburg, (319) 346-
2650.
DISTRICT 2-B:
Steven W. Hendricks, Fort Dodge, (515) 576-
4127; Joel T. Greer, Marshalltown, (641) 752-
5467; Jim P. Robbins, Boone, (515) 432-7114;
DISTRICT 3-A:
A. David Bibler, Algona (515) 295-3565.
Joseph Fitzgibbons, Estherville, (712) 362-7215
IOWA STATE BAR
ASSOCIATIO N
THE
Volume 62 Number 7 July 2002
IOWA LAWYER
BROADBAND REAL-TIME DIGITAL
COURTROOM IS HERE
ALSO IN THIS ISSUE
November election offers
opportunities
Survey says, “Dress for
courtroom success”
How do you use these:
®,©,?
About the Cover
The state-owned fiber optic Iowa
Communications Network can carry
real-time arguments from distant
attorneys to a judge sitting in a third
location saving hours of travel time
and expense. Digital communications
on the unique network is costeffective
and as easy to get on as
walking across the street or driving a
few blocks to a local network-wired
e-classroom. Story on page 6.
(Digital photos by Barry Lawrensen,
Festive Media, Orange City)
Iowa State Bar Association Board of Governors
DISTRICT 3-B:
James Lohman, Denison, (712) 263-4627;
Dan A. Moore, Sioux City, (712) 252-0020.
DISTRICT 4:
J.C. Salvo, Harlan, (712) 755-3141; Charles L.
Smith, Council Bluffs, (712) 325-9000.
District 5-A:
Mark Otto, Newton, (641) 792-4160.
DISTRICT 5-B:
Elisabeth S. Reynoldson, Osceola, (641) 342-2157
DISTRICT 5-C:
Thomas M. Zurek, Des Moines, (515) 283-8170
Michelle A. McGovern, Des Moines, (515) 281-
6620; John K. Vernon, Des Moines, (515) 246-
4511; David S. Wiggins, Des Moines, (515) 225-
4822; Brian Wirt, Des Moines (515) 288-2500;
Nan Horvat, Des Moines, (515) 286-3688;
Susan L. Ekstrom, Des Moines, (515) 243-6395;
Carol Moser, Des Moines, (515) 237-1561;
David C. Craig, Des Moines, (515) 288-0145;
Anita L. Shodeen, Des Moines, (515) 237-1186.
DISTRICT 6:
Marsha Beckelman, Cedar Rapids, (319) 297-
7515; Marsha A. Bergan, Iowa City, (319) 351-
5193; Christine M. Luzzie, Iowa City, (319) 351-
6570;Daniel Y. Rathjen, Tama, (641) 484-5211;
J. Michael Weston, Cedar Rapids, 319-366-7331.
President’s Letter - Fredregill . . . Page 5
Cover Story
Iowa courtrooms enter digital domain –
Schouten . . . . . . . . . . . . . . . . . Page 6
And the survey says . . . dress for success
. . . . . . . . . . . . . . . . . . . . . . . Page 7
Do you know your ®’s, TM’s, and ©’s? -
Krigbaum . . . . . . . . . . . . . . . . Page 8
Discipline. . . . . . . . . . . . . . . . . Page 9
In Memoriam . . . . . . . . . . . . . Page 10
YLD’s ABA Renaissance – Semelroth . .
. . . . . . . . . . . . . . . . . . . . . . . Page 12
VLP Pro Bono Awards 2002 – Toresdahl
. . . . . . . . . . . . . . . . . . . . . . . Page 13
Legislative control up for grabs – Carney
. . . . . . . . . . . . . . . . . . . . . . Page 14
A brief 2002 legislative summary . . . . .
. . . . . . . . . . . . . . . . . . . . . . Page 15
Ethics Opinions . . . . . . . . . . . Page 17
Transitions. . . . . . . . . . . . . . . Page 18
Latest Bar admittees listed . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . Page 19
Straight truth about indigent defense –
Becker . . . . . . . . . . . . . . . . . . Page 20
Patent infringement questions? –
Hartung . . . . . . . . . . . . . . . . Page 22
Classified advertisements . . . . . Page 24
ISBA 2002-2003 Budget. . . . . . Page 28
Continuing legal education calendar
. . . . . . . . . . . . . . . . . . . . . . . Page 31
DISTRICT 7:
Patricia R. Cepican, Davenport (319) 355-6478;
A. John Frey, Jr., Clinton, (563) 242-1832;
Stuart P. Werling, Tipton, (319) 886-2175.
DISTRICT 8-A:
Michael Moreland, Ottumwa, (641) 682-8326;
Rick L. Lynch, Bloomfield, (641) 664-3188.
DISTRICT 8-B:
Roger A. Huddle, Wapello, (319) 523-4221
Iowa Judges Association Representative:
Honorable Donna Paulsen, immediate past
president, IJA
EX-OFFICIO MEMBER:
James Carney (legislative counsel) Des
Moines, (515) 282-6803; David Funkhouser
(ABA delegate) Mason City, (515) 423-6223;
David Brown (ABA delegate) Des Moines,
(515) 244-2141; Diane Kutzko (ABA delegate)
Cedar Rapids, (319) 365-9461.
YLD OFFICERS:
Timothy Semelroth, president, Cedar Rapids,
(319) 365-9200; Aaron Oliver, president-elect,
Des Moines, (515) 244-2141; Joseph T.
Moreland, secretary, Iowa City, 319-337-9606;
Paul Ahlers, immediate past-president,
Webster City, (515) 832-6565.
July 2002 ■ 3

2 ways
to get
involved!
4
■ July 2002
2002 Justice For All (Golf) Ball
Golf Tournament Fund Raiser for
the ISBA Volunteer Lawyers Project
Four Person Best Ball with a Shotgun Start
Thursday, August 15, 2002, 1:00 p.m. at Briarwood Golf Course
Golf! Only $65 buys you eighteen holes
for golf, cart rental, dinner at the prize banquet
following the tournament, your chance at tons
of great prizes and an afternoon of fun in the
sun with Iowa attorneys and judges.
Sponsorship! Your firm can sponsor
one of the holes as follows:
GOLD (Sole Sponsorship of a hole plus 4 free golfers) $750
SILVER (Sponsorship of 1/2 of a hole) $400
Sponsors will be recognized at their hole with prominent and tasteful signage,
on the scorecard, in the Iowa Lawyer and anywhere else we can thank you.
Yes! Sign me (us) up as a sponsor. GOLD Sponsor ($750) SILVER Sponsor ($400)
Yes! Sign me (us) up for golf & prize banquet at $65 per person. # of golfers
My (our) check is enclosed for the amount of $
Register on-line with a credit card at www.iowabar.org
This is an event of the Young Lawyers Division
of the ISBA. All proceeds will go to support the ISBA
Volunteer Lawyers Project.
If you have any questions, Please call
Marci Tooman at 515-244-0111.
Please return your entry form and check to:
Marci Tooman
Hopkins and Huebner, P.C.
Suite 111, 2700 Grand Avenue
Des Moines, Iowa 50312

THE PRESIDENT’S LETTER
What can your Bar Association do for you?
The Articles of Incorporation tell us that The Iowa State Bar Association was “formed to advance the science of
jurisprudence, to promote reform in the law, to facilitate the administration of justice, to elevate the standards of
integrity, honor and courtesy in the legal profession, to encourage a spirit of friendship among the members . . . .”
So how do we do that? Here is your Bar Association by the numbers:
$1.526 million - the ISBA annual budget for 2002/03
44 - separate, continuing legal education seminars
7,800 - current membership
offered annually by ISBA committees and sections
5,500 - members with e-mail addresses
20 - members of the long range planning committee
3,500 - is the number of Iowa junior high and
which is studying every aspect of
high school students who participated in
ISBA operations to report to the Board in June,
this year’s Young Lawyer’s Division Mock
2003 with a plan for the Association’s future
Trial competition coordinated by John
15 - ISBA in-house staff
Wheeler of The Iowa State Bar Association’s 14 - members who received ISBA public service
Center for Law and Civic Education
awards for 2002
128 - completed years of our existence
13 - ISBA practice manuals (not counting CLE
(founded 1874)
books) published for members
125 - members who subscribed to IowaCite to
8 - Iowa judges who received a 100 percent
research the law in just the first few
approval rating in the last biennial ISBA
weeks after it became available
plebiscite. We will conduct that vote again
125 - is also the number of pages of text of the
among our members this August and make the
rewrite of the Iowa Business Corporation
results available to the public in October.
Act by the Business Law Section of The
8 - members of the administrative committee who
Iowa State bar Association which was
make monthly operating decisions between
passed this session of the Legislature and
quarterly Board of Governors’ meetings
enacted into law
4-5 - typical number of full meetings of the Board of
58 - standing committees and sections which
Governors in a typical year
study the law and its administration, suggest 3 - Young Lawyers Division officers
reforms, and promote integrity, honor,
3 - “Senior Bar” officers.
courtesy and friendship among members
1 - Immediate-past President of the Iowa Judges
50 - members of the (confidential and
Association, who also is a member of the ISBA
independent)Lawyers Helping Lawyers
Board of Governors
Committee who are scattered throughout
1 - President of the American Bar Association’s Young
the state, who assist its director, Hugh
Lawyers Division who this year is our own Alan
Grady, to aid lawyers who need help for
Olson. He will be installed in August at the ABA
substance abuse or depression
annual meeting in Washington, D.C.
46 - members of the Board of Governors who set 1 - The ranking claimed by The Iowa State Bar
policy for the Association
Association among all voluntary bar associations
for the highest percentage of membership.
So how can we help you? Here are some ways to make this Association continue to thrive:
Invite ISBA leaders to your local meetings. City, county and “specialty” legal groups are the grassroots
of the ISBA. With Kevin Collins in Cedar Rapids, Nick Critelli in Des Moines, and me in Sioux City,
the officers are spread evenly east-to-west. At least one of us is reasonably close by. Your local Board of
Governors Representative is probably even closer. We want to know what you’re doing and how we can
help. If you don’t invite us, we might just show up uninvited.
Tell us what is on your mind. Reform in the law and the administration of justice starts with an idea.
The ISBA is here to provide a forum for your ideas, and maybe some staff and funding to make them a
reality. Call, write or E-mail, and send us your newsletters,
ALAN FREDREGILL
Come to our meetings and seminars. Board of Governors’ meetings are open to the membership.
CLE programs and committee and section meetings are held at locations all around the state. You’ll hear
and see firsthand what your Association is doing.
Support your court system. State government budget issues arise nearly every year, but this year is the worst ever.
Legislators need to know about the problems in your courthouse.
Every single officer, member of the Board Of Governors, and ISBA staffer has the same goal in mind – service to the membership.
Tell us what you need and when you need it. That’s why we’re here.
July 2002 ■ 5

COVER STORY
Lawyers star on Iowa’s statewide closed circuit TV network—
Judge holds summary judgment hearing on ICN
In December last year, an unusual motion for
summary judgment hearing was held in the
courtroom of the Sioux County courthouse in
Orange City, Iowa. It was unusual because the
attorneys who argued the property tax exemption
case were not physically in the courtroom in Orange City
and in fact had never left the cities where they practice law.
Instead, they made their arguments to the presiding judge
over the Iowa Communications Network and their voices and
“live” images appeared electronically on multimedia equipment
installed in the Sioux County courtroom.
The Council Bluffs attorney representing the county board
of review merely walked across the street from his law office to
an ICN classroom in the public library. The Des Moines attorney
for the local hospital drove from his office to the Capitol
complex and used an ICN classroom in the Lucas State Office
building. From those two locations, the attorneys argued their
cases as if they were actually together in the courtroom in
Orange City.
The Des Moines attorney appeared on the courtroom multimedia
screens looking every bit like an anchorman on the
evening news. The Council Bluffs attorney was able equally to
effectively argue his case over the ICN and succeeded in resisting
the motion for summary judgment. It was hard to be in
that courtroom that day and not feel that something dramatic
was happening in rural Iowa – suddenly travel to and from
Sioux County to Des Moines was occurring at the speed of
light and not the four hours it typically takes to drive that
distance by car.
Both attorneys originally had planned to drive to Orange
City for the hearing but agreed to be part of a test of an ICN
connection to Sioux County’s innovatively equipped courtroom.
The attorneys had little or no previous experience with
the fiber optic network and Judge Mary J. Sokolovski had
never presided over a “televised” hearing before. The success
of the test also made the clients happy because they didn’t
have to pay for anyone’s driving time. The cost to connect the
three ICN sites for an hour was insignificant when compared
to the driving time saved. The cost was just $13.40 per hour
per site, or slightly
more than $50.
The Des Moines
and Council Bluffs
attorneys alternatively
could have
used private video
conferencing firms
in Clive and Omaha
to hook them to
the Orange City
6
■ July 2002
By Mark J. Schouten*
hearing since the ICN can connect
its network to any private video conferencing facilities.
However, the cost of private video companies would have been
$225 an hour per site versus $13.40 an hour for each ICN site.
A hearing that cost $50 on the ICN would have cost a minimum
of $500 with a private video conferencing firm.
Had the parties used private firms, they also would have
noticed a difference in the quality of the video. Almost all private
video conferencing
sites
in Iowa and in
the United
States transmit
384 thousand
bits of video
information
per second.
The ICN transmits
some 45
million bits of
video information
each second – over 100 times faster or broader than the
bandwidth of a commercial video conferencing site. The difference
between the two is noticeable, like comparing a normal
TV broadcast to the jerkiness of a satellite videophone report
from a network news correspondent in a foreign country.
The ICN is a largely untapped resource available to Iowa
lawyers. Our state has over 750 video conferencing facilities in
schools, colleges, libraries and National Guard Armories. All
of them are capable of transmitting full motion video like that
used in the Sioux County summary judgment hearing.
As more Iowa courtrooms are connected to the ICN or
other video conferencing networks, what happened last
December in this summary judgment hearing will become
a commonplace event.
*Mark J. Schouten has been the Sioux County Attorney since
1983 and has been a member of the Iowa Telecommunications and
Technology Commission (ITTC) since 1996. More information and
photos of the Sioux County Courtroom-ICN connection can be found
at www.siouxcounty.org, click on attorney and then multimedia
courtroom. The ITTC is a five-member commission that regulates
the ICN. Schouten’s office is in the Sioux County Courthouse where
his address is P.O. Box 168, Orange City, Iowa 51041. Phone him
at (712) 737-2457. His e-mail address is mschouten@iowabar.org
This article is taken from a guest editorial written by Mark
Schouten that appeared in the Des Moines Register on February
26, 2002.

Survey answers – What if a lawyer cries? Is overt anger tolerable?
Clothes make a lawyer’s case in Iowa courts?
The majority of Iowa lawyers and
judges are traditionalists when it comes
to what they think one should wear in
court doing legal business, a recent survey
of all ISBA members and Iowa judges
reveals.
Of the 952 persons who answered the
survey this spring about courthouse
decorum, the majority said, “You have to
dress for success.”
It exemplifies the way Iowans in the
law see themselves and the practice of
law here generally– possessors of high
ideals, subject to strict rules of advertising
and approving of
strict enforcement
of their rules of
ethics and
procedure.
They want
decorum and
proper behavior
right down to the
clothes they think should be required in
court.
The majority of Iowa attorneys and
judges who completed the questionnaire
want the profession to dress in formal
business attire always. Comment after
comment can be summed up in the
three sentences penned by an over-60
male attorney from a small firm: “If you
want to be a mechanic then dress like
one. If you want to be a professional
then dress like one. If you want respect
then you must earn it and dress the
part.” And, as a female attorney opined,
“It is not a casual profession. If you want
casual, go work at the Handi-Mart.”
The traditional stereotypes held – practitioners
in larger cities want more formal
dress than those in rural areas, older
wanted more formal dress than younger,
casual Friday is favored among younger
judges and lawyers, and the majority of
respondents think it would be very hard
to dictate to a juror what to wear.
If a dress code were to be set, the
chief judge in each judicial district is
favored to set it (followed closely by the
bar) both in the judges’ and attorneys’
“You are what you eat, and
you are what you wear.”
– A rural judge
responses. Only 12 percent of attorneys
and five percent of judges thought that
no one should be authorized to impose
a code.
Interesting comments included those
of a rural male lawyer who said, “I
believe any dress code should not gender
discriminate. Men should never have to
wear a tie if women are not equally
required to wear a tie.”
While a female commented, “Is the
concept of women wearing slacks really
still controversial in 2002? In practical
common sense, down to earth Iowa, shall
we all stick to stiletto heels on
icy sidewalks?”
No one, judges or
attorneys, wanted
judges mimicking
TV newsroom staff
in walking shorts,
whether a judge’s robe
was on or not. Matter of fact,
shorts were totally disapproved for anyone
to wear in the courtroom, and that
went for tank tops, too! As one female
urban attorney put it, “God save us! Ack!
Ack! Ack!”
Several responses concerning colored
judges robes had a bit of a “spiritual”
twist.. “I certainly don’t want the judge to
look like a choir member!” “It will look
like a church choir” “I don’t want to present
my case to a choir boy!” and “I like
my colored robes on Sunday in the choir
loft!” But some suggested dark colors
might work. The conclusion: 28 percent
of the attorneys thought colors okay
while a slightly higher percentage of
judges, 35 percent, who need to wear a
black robe day in and day out, said a
change to color might work for them.
The male/female opinion split was
almost 50/50 concerning color.
Lawyers and judges split evenly on
requiring jurists to wear a robe while on
the bench to sign court documents.
However, urban respondents want robes
while for the most part rural respondents
don’t care. In chambers, hardly anyone
cares if a judge wears the robe.
About 50 percent of lawyers and
judges think jurors, witnesses and other
parties should wear “business casual”
dress and if they appear in less formal
attire, about 50 percent think it is a
judge’s responsibility to admonish the
“offenders.” Attorneys are stronger in
their support of judges’ admonishing
than judges themselves are.
continued on page 9...
July 2002 ■ 7

®, and ©: What are these and when do you use them?
By Matthew J. Krigbaum*
One of the most
common misunderstandings
among businesses
is the use of ®,
, and ©. Each of
these symbols signifies
a different mean-
Matthew Krigbaum ing to the reader.
Most people know
that ® means a trademark, that
also is a symbol for a trademark, and
© is a copyright. But when are these
symbols appropriately used? This article
briefly describes when and why
these devices should be used.
COPYRIGHT. Copyright protects
any work of authorship that is fixed in
a tangible medium of expression.
That means for example that a painting,
a computer program, a sculpture,
a song or a literary piece, is protected
by copyright. Unknown to many,
copyright protection is now immedi-
When Relationships Count SM
8
Business Valuation
& Litigation
Support Services
Ronald E. Nielsen,
CPA/ABV, CFE, CVA
Roger C. Jones, CPA, CVA
Wayne R. Brown, ASA, MBA
Jessica C. Schiesl
2700 Westown Parkway
Suite 400
West Des Moines, IA 50266
515-222-4400
www.cliftoncpa.com
■ July 2002
ate upon creation - the protection
accrues with the creative process and
attaches as the creator lifts pen from
paper, brush from canvas, or fingers
from keyboard. Amendments in 1989
to the Copyright Act abolished the
requirement that the author register
their work of authorship with the U.S.
Copyright Office for protection.
Copyright protection is now automatic.
Does that mean that the work does
not need to ever be registered? No, it
should be registered and, in the event
of an infringement, will need to be
registered prior to filing a complaint
for infringement. There are many
advantages to registering a copyright
with the U.S. Copyright Office. The
chief advantage is that, in an infringement
situation, statutory damages are
available to the copyright owner if the
work was registered prior to infringement
or within three months of first
publication. This is an advantage to
those whose work has been infringed
but who may have not suffered any
actual (or provable) “market-place”
damages. The court can award statutory
damages for each infringing
work. The award is in the discretion
of the court, but the range is set by
statute - between $750 and $30,000
per infringing work. If the infringement
was willful, the court can
increase the award to an amount as
high as $150,000. Another advantage
to registration is that the copyright
owner may also seek an award of
attorney’s fees if successful in
infringement litigation. Finally, as stated
above, the copyright owner must
register their work prior to bringing
any infringement lawsuit.
A registration with the U.S.
Copyright Office is rather simple and
consists of paying the registration fee
of $35.00 and completing a copyright
application form. There are different
forms for different types of works. All
of the forms are available by mail
request and on the U.S. Copyright
Office website. Once the form and
fee are submitted, along with a
deposit of the work, the Copyright
Office will send a Certificate of
Registration approximately four to six
months after application was
received.
Another common misunderstanding
with copyrights is that if copyright
notice, the “©”, is not used then the
work is in the public domain. Once
again, the 1989 amendments abolished
the requirement that the
author use copyright notice to gain
the protection of the law.
Nonetheless, competent intellectual
property counsel will always recommend
that the copyright notice be
used as it puts third parties on notice
that the work is protected under
copyright. Such use is evidence that
notice was given and will help a rebuttal
argument against the defense of
innocent infringement. Proper and
complete copyright notice would be
(for most creations) © [the year] and
[the author], e.g. © 2002 Matthew
Krigbaum. If an employee creates a
work, then the employer, through the
work made for hire doctrine, is considered
the author. Copyright notice
should appear on all works of authorship,
regardless of their nature, e.g.
website design, music composition,
literary works, sculptures, architectural
drawings, and so on. The author, if
licensing their work, should explicitly
require in the license agreement that
copyright notice be included on all
licensed reproductions or derivative
works.
TRADEMARK. All businesses that
have trademarks should always be
using either the ® or symbol in
connection with the mark. The use of
these symbols puts third parties on
notice that the owner is claiming
trademark rights in the mark. So
which symbol do you use and when?
continued on page 11...

Clothes make a lawyer’s case in Iowa courts?
continued from page 7...
A specific question about blue jeans
elicited that 38 percent of attorneys feel
jeans are unacceptable while 27 percent
of the judges disapproved. One lawyer
poopoohed the question saying, “They
can dress however they want just as
long as they show up!”
Hats pretty much are passé in the
courtroom unless worn for ethnic,
religious or medical reasons.
A lawyer can move about in a courtroom
according to about 86 percent of
attorneys and 73 percent of the judges.
But attorneys should know that another
14 percent of the judges who responded
say that they don’t want you to move!
Sixty-seven percent of the lawyers
disapprove of others presenting orders
in court and 72 percent of the judges
disapprove.
Sixty-eight percent of lawyers say showing
anger is okay for attorneys, while 63
percent of the judges tolerate anger in
lawyers. On the other hand, anger in
judges rates the approval of only 56 percent
from attorneys and only from half
of the responding jurists. When parties
to a case exhibit anger, 67 percent of the
lawyers said it was okay and 46 percent
of responding judges. But witness anger
is even more tolerable – 70 percent of
lawyers and 72 percent of judges said
they put up with it. The caveat to lawyers
is to figure out whose court allows what
over showing anger. Playing the odds
doesn’t seem to be worth the chance.
How does expressing emotion with
tears rank? Only twenty-seven percent
of the judges say they tolerate a lawyer
crying, while 51 percent of the attorneys
thought it was permissible.
Parties and witnesses were allowed to
shed more tears – 92 percent to 95 percent
of lawyers tolerate crying while 93
percent to 97 percent of judges do. As a
judge-realist commented, “We have no
right to dictate this. In most cases, this
is an involuntary response.”
Should Fridays be a “casual” clothing
day for judges? Seventy-percent of the
lawyers say no while 85 percent of the
judges disapprove. As for attorneys, they
were a bit more permissive for members
of the profession to dress down on the
last business day of the week. Seventyone
percent of lawyers say no casual day
for themselves while 86 percent of
judges don’t want to see a casual day for
attorneys. What about the court’s
employees? Slightly over 50 percent of
lawyers said “no” while 67 percent of the
judges don’t want to see employees casually
dressed at any time on the job.
“I get tired of seeing court employees
in blue jeans and sweat shirts,” commented
one country lawyer, a man – “This is
never appropriate in the courthouse.”
While a judge responded, “I appreciate
the court personnel in my courthouse,
they know how to professionally dress.
There’s no casual day here.”
Who were the respondents to this survey?
Fifty-two urban judges and 34 rural
judges with 14 more judges answering
but not designating where the live or
work. Ten judges have been on the
bench up to three years, 12 judges for
4-6 years, 16 judges for 7-10 years, seven
judges for 11-15 years, 14 judges for16-
20 years and 15 judges for more than 20
years. Twenty-six judges did not indicate
how long they have been serving on the
bench. Twenty-two percent of the jurists
are women.
Of lawyers who indicated, urban
lawyer respondents outnumber rural
376 to 200, while 274 did not say. Four
hundred eighty-nine lawyers are from
firms of 1-6 members, 167 from firms of
7-15, 97 from firms of 16 or more.
Ninety-seven lawyers failed to indicate
firm size. Thirty-one percent of the
lawyers answering are women.
Disciplinary
Decision
N. Leroy Walters, Mason City
18-Month Suspension
Supreme Court Decision, June 12, 2002
In 1996 Walters undertook to represent
a client in seeking a modification of her
dissolution of marriage decree. Walters
prepared the petition for modification,
which the client signed. Walters never filed
the petition with the court, however. Over
the next several years he fabricated various
stories and excuses to conceal from the
client his failure to do so. In 1999 Walters’s
law license was suspended for other ethical
violations. He failed to inform the modification
client of his suspension, continued
to represent her despite the suspension,
and continued to fabricate excuses for
the delay in her case.
After a complaint was filed against
Walters, the board of professional ethics
and conduct sent him notice and requested
his response. Walters asked the board for
additional time, but never did provide
a response.
The board pursued charges against
Walters before the grievance commission.
The commission found numerous ethical
violations, which the supreme court confirmed
on de novo review. The neglect of
the client’s modification action violated DR
6-101(A)(3) and DR 7-101(A). The misrepresentations
to the client violated DR 1-
102(A)(4), (5), and (6). Walters’s failure
to notify his client of his suspension, as
required by Court Rule 35.21(1)(a), violated
DR 1-102(A)(5) and (6). By maintaining
an attorney-client relationship despite his
suspension and continuing to deceive the
client, he violated DR 1-102(A)(4), (5),
and (6). His failure to respond to the
board’s inquiries violated DR 1-102(A)(5).
Considering the seriousness of the
violations and the blatant disregard of
the client’s interests, the court suspended
Walters’s license indefinitely, with no possibility
of reinstatement for eighteen months.
July 2002 ■ 9

In Memoriam
Recording deaths of
Iowa lawyers
LEVITT, Neil F., 39, a Drake
University Law School graduate, died
May 22, 2002, of injuries suffered in
an automobile accident. Neil had
lived in Plano, Texas, the past eight
years where he was an assistant in
the Dallas County Public Defender’s
Office.
SANDLER, Robert, 83, died May
27 at a Des Moines hospital of complications
following a stroke. He was
a 60-year member of ISBA and president
of U.S. Homes, Inc. on NW
Second Street in Des Moines. He was
an accomplished golfer, member of
the National Amputee Golf
Association and a state tennis champion.
He also maintained a home in
Rancho Mirage, California.
10
MEETING THE NEEDS
• Need for a variety of Will and Trust Forms
Forms range from simple to complex
Over 31 different Will and Trust Forms
Over 109 special Trust Provisions and Powers
Forms are updated, editable and easy to use!
COST ANALYSIS
• No cost per form usage charges
Others charge for each form prepared
Others charge for each change/amendment
Ours-use as many and as often as you wish
Ours-one set of Wills/Trusts can pay for the Book!
OUR STRENGTHS
• We are an Association an interest in Trusts.
• We are committed to our clients needs.
• We are committed to excellence in drafting
documents.
• We are committed to Iowa Lawyers!
■ July 2002
5th District
phone numbers
change
Two of the 5th Judicial District’s
court administration telephone numbers
have changed. The retirement of
two long-time employees, Carol
Haines and Mary Fran Hohn, means
these telephone numbers will no
longer be used after July 1, 2002:
Civil and Family Law Case Scheduling
– 515-286-3843 and Rural Case
Scheduling – 515-286-2108.
These numbers remain in use –
515-286-3754 and 515-286-3930 for
Civil and Family Law matters, and
515-286-3859 for Rural Case
Scheduling.
IOWA TRUST ASSOCIATION
WILL & TRUST FORM MANUAL
Please send the following:
QUAN. ITEM PRICE TOTAL
____ Will and Trust forms book and disk
(30 Day Refund Policy)
$525 ________
____ 2000/2001 Supplement and disk
(Available only to those who purchased the
$375 ________
99/00 Update or Book) Sales Tax @ 6% ________
Total $ _______
Send Book and Disk to:
Firm ______________________________________________
Attention ______________________________________________
Address ______________________________________________
City, State, Zip ______________________________________________
Telephone No. ______________________________________________
Word Perfect 5.1 ___ Word Perfect 8.0 ___ Word 6.0 ___
(circle one)
Please return this form and your payment to:
Iowa Trust Association Telephone No. (515) 222-9585
1601 22nd St., Suite 300 FAX (515) 327-1063
West Des Moines, IA 50266-1408
*Disk Size provided is 3 1/2 HD.
Admission on
Motion
Joel J. Rhiner and Jeffrey H.
Winick have applied for admission
on motion to the Iowa Bar. Both are
employed by Stein, Ray & Harris of
Chicago.
Also Harvey A. Levin of Califf &
Harper, P.C., in Moline, Illinois; Lee
D. Anderson of the Provost Umphrey
Law Firm of Nashville; Tennessee,
Richard Todd Bryant who practices
in Kansas City, Missouri; and
Margaret Gillespie of Gubbrud,
Haugland & Gillespie of Alcester,
South Dakota.
Persons with questions or comments
should contact Keith
Richardson, Clerk of the Iowa
Supreme Court, at 515-281-5911, or
write Iowa Supreme Court Clerk,
Statehouse, Room G-03, Des Moines,
Iowa 50319.

®, And ©: What are these and when do you use them?
continued from page 8...
Similar to copyright rights, trademark
rights are generated upon use of the
trademark in commerce. There is no
prerequisite of filing a trademark
application for trademark rights to be
created.
First, there are three different
forms of trademark protection.
Trademarks can be protected by a
federal trademark registration with
the U.S. Patent and Trademark
Office, a state registration, typically
with the secretary of state, and by
common law protection. The protection
afforded under each option is
different. A federal registration gives
protection in all 50 states regardless
of whether the goods or services are
offered for sale in each state. State
registration gives protection only
within the state and common law
protection extends only so far as
the trademark owner’s trade area.
Understanding where the mark is
registered determines what symbol
should be used. Only those trademarks
that have been registered with
the U.S. Patent and Trademark Office
are entitled to use the ®. All other
trademarks must use the . Misuse
of the ® constitutes fraud on the
Trademark Office and if the
Trademark Office is aware of such
unauthorized use, either by a third
party or from the specimens filed
with the application, the Office may
reject the application and then the
owner loses its opportunity for and
the benefit of federal registration for
the particular mark. Use of the ® is
not required for protection to arise.
However, if the trademark owner
desires to seek monetary damages
from an infringer, use of ® is
required. Unless the trademark
owner can prove the infringer has
actual knowledge that the mark is a
registered trademark, a failure to use
the ® will bar the ability to recover
monetary damage. The ® should
appear after the mark if it is a word
mark, e.g. MOYER & BERGMAN®,
and should appear in close proximity
to the mark if it is a logo, a symbol or
some other type of mark.
All other trademarks, whether they
are registered at the state level or are
not registered at all, but protected
under common law, would use the
symbol. Once again, there is no
requirement that the be used.
However its use is strongly advised
as it puts third parties on notice of
claimed trademark rights. Failure to
use the does not, as with the ®
symbol, result in a statutory bar to
collecting monetary damages in an
infringement situation. While an
application is pending before the U.S.
Patent and Trademark Office, the
applicant should use the symbol
with the mark. Only when the application
has ripened into a registration
would the be converted into ®. If
the owner is not offering goods, but
offering services, then the proper
symbol is SM.
When a trademark appears in written
prose, the use of the ® or
should appear in all titles or head-
lines and should appear the first time
the mark is used in the written material.
All subsequent uses do not need
the ® or symbol. If there are
subsequent headlines, or where there
are sections that are significantly set
apart from the initial section, then
the ® or should be reiterated.
When in doubt, it is always best to
use the ® or . Finally, at all times
whenever and wherever the mark
appears or is used by itself, the ®
or symbol should be used.
Following these guidelines will
be a good start to the ongoing effort
required to protect one’s intellectual
property.
*Matthew Krigbaum practices at
Moyer & Bergman, PLC in Cedar
Rapids. Prior to joining Moyer &
Bergman in January 1999, he practiced
in Chicago and simultaneously pursued
an LL.M. degree in Intellectual Property
and Information Technology.
July 2002 ■ 11

Tim Semelroth
YLD’s year proudly keys on Olson successes
ABA Renaissance for Iowa YLD
To the credit of many hard-working volunteers over the years, The Iowa State Bar Association’s
Young Lawyers Division has a proud tradition of service in our state. The bar year of 2002-2003 will be
looked upon as the year that this Iowa tradition went nationwide. Iowans are poised to lead the
American Bar Association’s Young Lawyers Division into a new era of service to the public and the
profession. As the new chair of the ISBA/YLD, I feel very fortunate to report the following:
An Iowan will lead the ABA/YLD
History will be made in August when my friend, Alan Olson of Des Moines, is sworn in as Chair of the ABA/YLD. Al will
be the first Iowan ever to hold this position. To give you some idea of the significance of this achievement, let me share a
few facts. The ABA is the largest voluntary professional organization in the world with over 400,000 members. The Young
Lawyers Division is by far the largest entity within the ABA with over 140,000 members. Come August, Al will speak on
behalf of the ABA/YLD and its nearly 300 affiliated state and local young lawyers associations. Given Al’s track record in
Iowa – ISBA/YLD President, 1998-99; ISBA/YLD Award of Merit Winner, 2000 – I am confident that the interests of
America’s young lawyers are in good hands.
A record number of Iowans will serve ABA/YLD leadership
It is no surprise that Al is bringing along a record number of Iowans for what promises to be an exciting bar year.There
are approximately 90 appointed leadership positions in the ABA/YLD in 2002-2003. The following Iowa lawyers will serve
in one of those positions:
Paul Ahlers, Webster City National Conferences Team
Sue Brown, West Des Moines Co-Chair GP, Solo & Small Firm Committee
John Carr, Manchester District Representative to ABA/YLD Council
Lora McCollom, West Des Moines Family Law Committee Chair
Deanna Moore, Ankeny National Conferences Team
Patti Notch, Indianola Public Service Special Projects Team Member
Brad Obermeier, Des Moines Law Practice Management Committee Chair
Aaron Oliver, Des Moines Assistant Editor, The Affiliate Newsletter
Tim Semelroth, Cedar Rapids Professional Development Director
New YLD project aimed at curbing school violence is coming to Iowa this fall
Each year, the chair of the ABA/YLD selects a public service focus for the nation’s young lawyers. This year, Al Olson has
selected programs designed to deal with the problem of school violence. I am pleased to announce that one of those programs,
Junior Judges: Helping Kids Make Smart Choices, will be coming to Iowa in the fall of 2002. Junior Judges is a
video-based curriculum targeting third, fourth and fifth graders. It is designed to help children make the right choices in
the tough situations they are likely to encounter in their daily lives. Topics addressed by the Junior Judges curriculum
include cheating, destroying property, bullying and children carrying weapons. Our ISBA District Representatives, coordinated
by our YLD Secretary, Joe Moreland, will be going into elementary schools to facilitate this new program. Anyone
with questions about Junior Judges is welcome to contact Joe at (319) 337-9606 or at moreland@hhbmlaw.com
Why ABA activity is good for Iowa?
Obviously, the ABA/YLD is lucky to have talented Iowans like Al Olson in its leadership,
but why is ABA activity good for Iowa? I can think of three primary reasons.
First, ABA/YLD involvement gives Iowa young lawyers access to the most innovative
ideas for public and member service in the country. The ISBA/YLD has a history of
bringing these ideas back to Iowa. Second, ABA/YLD involvement means more funding
opportunities for Iowa projects through ABA sub-grants and scholarships. Every
dollar that we receive from the ABA saves a dollar from our YLD budget that can
then be spent on programming in Iowa. Third, the public service that young lawyers
do anywhere in this country improves the image of the legal profession everywhere.
Negative stereotypes about lawyers did not start in Iowa but we feel their effects
everyday. When citizens hear the word “lawyer” and think of people like Al Olson
and the ABA/YLD, the practice of law in Iowa will change for the better.
12
■ July 2002
YOUNG LAWYERS DIVISION
Y L D
IOWA STATE BAR ASSOCIATION
The Young Lawyers Division News is
published bimonthly. Material for
publication and suggestions as to
content are welcome. They should
be sent to Tré Critelli, Nick Critelli
Associates, 317 Sixth Avenue, Des
Moines, IA 50309. Articles appearing
in this section about substantive law
are not intended to be comprehensive
and do not necessarily reflect the
opinion of the ISBA or the Young
Lawyers Division.

THE IOWA STATE BAR ASSOCIATION
Pro Bono Awards
By Brett J. Toresdahl, Executive Director ISBA Volunteer Lawyers Project
The awards are given annually by
The Iowa State Bar Association in
recognition and appreciation for
exceptional contributions made by
members of the profession to ensure
access to justice for all citizens. The
presentations of this year’s awards
were made at the President’s
Luncheon during the ISBA Annual
Meeting on June 20th.
In Iowa, there are nearly 3,000
attorneys enrolled in the Volunteer
Lawyers Project. Each year, volunteer
attorneys serve over 2,000 clients
through pro bono programs who otherwise
would not have access to legal
assistance. The Iowa State Bar Association
Volunteer Lawyers Project along
with the Polk County Bar Association
Volunteer Lawyers Project, Legal Service
Corporation of Iowa Volunteer
Lawyers Project, and the Pro Bono
Project of HELP Legal Assistance and
the Scott County Bar Association
would like to join the ISBA in thanking
all of the members of the profession
who have made a commitment to
pro bono legal service in Iowa.
This year’s recipients of the ISBA
Pro Bono Award are –
Beecher, Field, Walker, Morris,
Hoffman & Johnson, P.C – This is a
law firm which merits recognition for
both firm and outstanding individual
contributions to equal justice through
the Volunteer Lawyers Project.
Attorneys at the Beecher Law Firm in
Waterloo first became involved
through the intake project of the
LSCI Waterloo Regional office in
1999. The firm has contributed
invaluable time and service to clients,
both through intake and by taking
case referrals. In 2001, their six attorneys
assisted 18 clients and donated
over 120 hours of time, helping to
make the promise of equal justice
under the law a reality.
Bruce Butler – Bruce practices in
the Beaverdale area of Des Moines
and he is one of the original volunteers
of the Polk County Bar Association
Volunteers Lawyers Project. He
has been accepting family law referrals
for sixteen years. This past year
he closed four cases totaling over 80
hours of pro bono assistance. Bruce is
a stellar example of the commitment
of attorneys in Polk County to the
VLP and pro bono legal services.
Brent Cashatt – Brent is a
partner in the law firm of Babich,
Goldman, Cashatt & Renzo, P.C. in
Des Moines. He became a volunteer
in 1995. In 2001, he closed a case
that spanned two years, several counties
and correctional facilities. Without
attorneys like Brent, who is willing
to accept challenging cases, many
eligible clients would not receive
assistance.
Nathan Clark – Nathan practices in
Davenport with the firm of Lane &
Waterman. He spent a considerable
amount of time in representing two
clients last year. His excellent work
on the first case resulted in a client
having her driving privileges restored,
greatly aiding her and her family in
her efforts to complete her education
and secure employment. Nathan also
assisted a victim of domestic violence
with a divorce involving real estate.
He thus gave this client and her family
the security of a home without violence,
as well as the prospect of a
new future.
Elias Gastello – Elias of the Benzoni
Law Firm in Des Moines became a
volunteer in 1999. In 2001, he represented
three clients in litigated consumer
law matters. In addition to his
generous contribution of attorney
hours, Elias is fluent in Spanish,
which has been especially helpful
with the increasing number of
Spanish speaking clients served by
the PCBA VLP. Many thanks go to
Elias for his support of the pro bono
in Polk County.
LeAnne Krell – LeAnne is a sole
practitioner in Des Moines and
became a member of the VLP in 1999.
Over the past four years, she has regularly
accepted referrals of complex
family law cases. In 2001, LeAnne
completed work on a case that totaled
over 250 pro bono hours. It takes volunteers
like LeAnne to make the program
successful.
Barbara Orzechowski – She has
been a member of the VLP in
Woodbury County since 1991. Over
the next nine years, Barbara donated
more than 150 hours and assisted 14
clients with wills, property matters
and domestic violence cases. In
September 2000, she took a case
continued on page 19...
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July 2002 ■ 13

LEGISLATURE
Control of legislature is up for grabs
By James Carney, Legislative Counsel*
Candidates in our newly redistricted state are preparing
for the November general election now that the June primary
is over. In addition, 53 legislators are retiring. Some candidates
have changed houses because of the conflicts created
in their old districts with other incumbents. The retirements
and the newly drawn districts mean there are many
competitive races across Iowa placing control of the legislature
up for grabs. Last session there were 56 Republicans
and 44 Democrats serving in the House and 29 Republicans
and 21 Democrats serving in the Senate. Which party will
control the legislative process next year could well be up to
your involvement and dedication.
Why should you become involved?
The answer is that you have unique opportunities to affect
the outcome of the legislative races and to develop meaningful
relationships with your local legislators. You can get
to know your representative and senator on a personal basis
so that if and when you need to contact them during the
legislative session, they know who you are. You will not be
merely another “Johnny-come-lately,” but a person who has
been actively involved in their election.
What can you do?
There are many things you can do that will make a difference
– regardless of your political affiliation, you have the
opportunity to serve on the campaign committee of your
representative and senator. You can serve as a campaign
chairman or treasurer. You can contact your candidate of
choice and offer to assist in the campaign.
14
BUSINESS
VALUATIONS
&
LITIGATION
SUPPORT
We get results!
BUSINESS
Capital
CORPORATION
■ July 2002
Alan D. Ryerson
CPA/ABV, ASA
Gregory L. Weber
CPA/ABV, ASA
Mergers &Acquisitions
Valuations Corporate Finance
666 Walnut Street, Suite 1508
Des Moines, Iowa 50309-3914
515-282-8019 ▲ FAX 515-282-0325
www.businesscapitalcorp.com
al@businesscapitalcorp.com
greg@businesscapitalcorp.com
You can be sure to vote. Each election
we are reminded of the power of the vote.
James Carney
There is no better lesson than last year’s
presidential election. In the June primary, four candidates
won by less than 50 votes. YOUR VOTE COUNTS!
There is always work that needs to be done such as mailing
campaign literature, making phone calls, distributing
signs and raising money. The important thing is that somehow
you become involved.
How many lawyers are candidates?
There is only one incumbent lawyer legislator running in
the House – George Eichhorn of Stratford.
Senator Gene Maddox is retiring from the Senate but is
running for a House seat.
Other lawyer candidates in the House are –
Dist. Democrats
10 Parmenter, Dennis - Cambridge
37 Hedgecoth, John - Cedar Rapids
38 Hogg, Robert - Cedar Rapids
42 Huser, Geri (law student)Altoona
49 Miller, Helen - Ft Dodge
61 Oldson, Jo - Des Moines
67 McCarthy, Kevin - Pleasant Hill
76 Conroy, Susan - Sigourney
84 Zamora, Patt - Davenport
94 Swaim, Kurt - Bloomfield
95 Reasoner, Mike - Creston
100 Stryuk, Doug - Council Bluffs
Dist. Republicans
9 Eichhorn, George - Stratford
75 Maddox, Gene - Clive
On the Senate Side –
Incumbent Senators Jeff Lamberti, Dave Miller (both
Republicans) and Tom Fiegen (a Democrat) are up for reelection.
Additionally, Chuck Larson retired from the House
and is running for a Senate seat. Representative Larson is
challenged by another lawyer, Renee Sneitzer, in his bid for
a Senate seat. Representative Keith Kreiman also retired
from the House and is running for an open Senate seat.
continued on page 16...

July 2002 ■ 15

Control of legislature is up for grabs
continued from page 14...
There are three lawyer legislators in the Iowa Senate who
are not up for re-election this year. They are Senators Jack
Holveck of Des Moines, Larry McKibben of Marshalltown,
and Don Redfern of Cedar Falls.
It would appear there will be fewer lawyer-legislators serving
in the Iowa Legislature in 2003 than at any time in the
past 30 years. With fewer and fewer lawyers serving in the legislature,
it is extremely important that we develop meaningful
relationships with all state representatives and senators.
You should discuss issues of importance to the practicing
Bar with your candidate of choice and educate them as to
issues that are important to the Bar. There will always be far
more non-lawyers serving in the legislature than lawyers, so
it is extremely helpful if they have been sensitized to issues
of importance to the Bar prior to our contacting them during
the legislative session. We encourage you to become
active in your local legislative races regardless of your political
affiliation. You will reap benefits from these efforts and
so will your profession.
Can LawPAC help?
Of course, LawPAC can and does help. The Iowa State Bar
Association is fortunate to have a very active political action
committee. The LawPAC board is chaired by Ivan Ackerman
16
Dist. Democrats
40 Fiegen, Tom - Clarence
19 Sneitzer, Renee - Cedar Rapids
47 Kreiman, Keith - Bloomfield
Dist. Republicans
31 Lozier, Kay (wife of an atty.) -
Des Moines
35 Lamberti, Jeff - Ankeny
45 Miller, Dave - Libertyville
19 Larson, Chuck - Cedar Rapids
Mediator Training
Richard M. Calkins, former dean of Drake
Law School is now accepting applications
for his 40-hour primary mediation course.
Primary Class (40 hrs. CLE, 2hrs. ethics):
Date: August 19-23, 2002
Location: Drake Legal Clinic, Des Moines
Time: 8 a.m. to 5 p.m., each day
Instructor: Richard M. Calkins
If you would like an application, contact:
Susan Ewing
801 Grand Avenue, Suite 3140
Des Moines, IA 50309
Ph: (515) 283-0331 Fax: (515) 283-0702
Email: amta@dwx.com
■ July 2002
and is composed of 10 attorneys representing both major
political parties and represent all areas of the state.
If you have gotten to know candidates who are worthy of
LawPAC support, please inform us know immediately so we
can consider making contributions to their campaigns.
Each election year, LawPAC gives approximately $50,000
in campaign contributions, and we welcome your input as
to who deserves our donations.
How does the bar association’s legislative program work?
Each year, sections of the bar association present to the
board of governors legislative proposals for the board’s consideration.
If the board approves the legislative proposal, it
is made a part of the association’s affirmative legislative program.
We then seek sponsors for the legislation and actively
lobby for the passage of the legislation. It is typical of the
bar association to have 10 to 15 legislative proposals. This
year, the bar included in its legislative program a complete
rewrite of the Iowa Business Corporation Act. The ISBA also
supported a bill requiring disclosures in residential real
estate installment contracts, modifications to the Uniform
Principal and Income Act, modifications to trusts and estate
provisions and worker’s compensation law. The bar actively
followed and registered on more than 400 pieces of legislation.
The bar actively opposed attempts to cap recoveries in
nursing home actions and the legalization of title insurance.
How does a member become active in legislative matters?
Each section and several committees have legislative subcommittees
responsible for reviewing legislation in that section
or committee’s area of practice. A legislative committee
is appointed by section and committee chairs. The association
relies upon the legislative subcommittees for direction
in the lobbying efforts of the association. If you have an
interest in legislative matters, you are urged to volunteer as
a member of the legislative subcommittee of the sections in
which you are actively involved.
The Iowa State Bar Association has an extremely active
legislative program. The association follows more legislation
than any other trade organization or professional organization.
To be effective, the association needs your help. The
political axiom that “All politics is local” is unquestionably
true. Grassroots lobbying is absolutely the best lobbying that
can be done. You are the grassroots of The Iowa State Bar
Association. Thank you for your efforts!
*If you have questions about the Bar’s legislative program,
please feel free to contact Legislative Counsel Jim Carney in
Des Moines at 515-282-6803 or Fax 515-282-4700. His e-mail
address is carney_cablaw@dwx.com No member messages
go unanswered.

ETHICS OPINIONS
01-10 June 4, 2002 – LAWINFO.COM
“LEAD COUNSEL PROGRAM”
You have been solicited by LawInfo.com
to participate in its “Lead Counsel
Program.” In essence, the program provides
exclusive listings on the company’s
website in return for a flat annual fee for
each area of practice, per area code. The
company describes the program as follows:
“Our success is due, in part, to the
exclusiveness of the Lead Counsel
Program. Potential Lead Counsel candidates
are researched by LawInfo.com,
and/or nominated by their peers.
Nominees must meet specified qualification
guidelines and provide references.
During the selection process, the Regional
Director of the Lead Counsel Program
narrows down each panel to just 4 law
firms per practice area and geographic
region. This insures that each Lead
Counsel Member received the maximum
exposure possible to potential new clients.
Once a Lead Counsel Member has been
admitted to a panel, potential clients can
easily access their website through the
LawInfo.com attorney database. Each
Lead Counsel Member’s listing includes
a link directly to their website. By simply
clicking on the link, visitors are directed
to either the firm’s existing site, or a website
created by LawInfo.com for the Lead
Counsel Member, at no additional
charge.”
For the same reasons discussed in
Formal Opinion 00-7, it is the opinion of
the Board that it would be improper for
Iowa lawyers to participate in the Lead
Counsel Program.
01-5 March 7, 2002 – ADVERTISING:
QWESTDEX WEBSITE
You have advised that QwestDex.com
has offered Iowa lawyers the opportunity
to be listed under the heading “Premier
Businesses” on its website listing service for
lawyers and law firms. You have asked two
questions: (1) Would such a listing by an
Iowa lawyer or law firm violate DR 2-
101(B)(2) of the Iowa Code of
Professional Responsibility for Lawyers by
providing a listing that was not “alphabetical”?
and (2) Would a listing under the
heading “Premier Businesses” violate DR
2-101(A) as an unverifiable statement?
DR 2-101(B)(5) specifically permits
lawyer advertising by radio, television,
“or other electronic or telephonic
media.” This would include advertising
on an internet web site. See prior Ethics
Opinions: 95-30, 96-1, 96-2, 96-14, 00-1,
and 00-7. DR 2-101(B)(2) and (3) deal
with lawyer and law firm telephone and
city directory listings and provide for:
alphabetical listings, classified listings, and
display and box advertisements. The
Board believes the rule with respect to
directory listings applies to internet listings
which must be alphabetical or classified.
The identification of a lawyer or law
firm as a “premier business” is an unverifiable
claim, contrary to DR 2-101(A) of the
Iowa Code of Professional Responsibility
for Lawyers.
For the reasons set out herein Iowa
lawyers should not permit their name or
their law firm name to be listed as a “premier
business” in the QwestDex.com internet
directory.
01-6 March 7, 2002 – CONFLICT:
ATTORNEY’S SPOUSE DHS EMPLOYEE
You seek an opinion concerning conflict
in juvenile or criminal cases where the
attorney for one of the parties is married
to a Department of Human Services investigator.
You state:
Attorney X’s spouse is a non-attorney
child protective worker for the local
Department of Human Services office.
Is there an impermissible appearance
of impropriety, or other disqualifying
theory, when:
1. X accepts a court appointment to represent
juvenile client, as guardian ad litem
in CINA case where X’s spouse has investigated
alleged abuse?
2. X accepts a court appointment to represent
parent(s) in CINA case, with full
disclosure to and waiver of conflict by said
parent, where X’s spouse has investigated
alleged abuse?
3. X accepts a court appointment as
either guardian ad litem for child(ren) or
attorney for a parent in CINA case, with
full disclosure to parent(s) and all parties,
where X’s spouse is not involved in the
case, but workers from the spouse’s office
are so involved?
4. X is retained privately by parent, to
represent either parent or child(ren) in
CINA proceeding, with full disclosure to
parent(s) and all parties, where X’s spouse
has investigated the alleged abuse?
5. X is retained privately by parent, to
represent either parent or child(ren) in
CINA proceeding where X’s spouse is not
involved in the case, but [the case]
involves workers from the spouse’s office?
6. X is retained privately or appointed
by the Court to represent a parent on a
criminal charge, the basis for which was
investigated, at least in part, by X’s spouse?
7. X is retained privately or appointed
by the Court to represent a parent on a
criminal charge investigated, at least in
part, by co-workers of X’s spouse, but that
X’s spouse had no part in investigating?
8. Would your opinion in any of the
above scenarios differ where X’s spouse
conducted a preliminary investigation,
made a report, and turned the case over
to other social workers for follow-up?
All scenarios assume full disclosure to all
parties prior to accepting appointment,
and waiver of any potential conflict by
client(s), except for guardian ad litem
cases involving children.
It is the opinion of the Board:
Questions 1, 2, 4, and 6: In the scenarios
posed by these questions, Attorney X’s
spouse likely would be called as a witness,
whom Attorney X would be required to
cross-examine. This creates an actual conflict,
making it improper for Attorney X to
represent any of the parties to the proceedings.
The situation is analogous to
that addressed in Formal Opinion 01-03
(2001) (precluding city attorney from representing
defendant in state prosecution
where police officer for attorney’s city initiated
charge or will be called as witness).
See also Formal Opinion 89-31 (1989)
(Conflict: Lawyer Wife of Police Chief).
It is further the opinion of the Board
that the conflict in these scenarios cannot
be waived.
Questions 3, 5, and 7: If Attorney X’s
spouse did not participate in or direct the
investigation, any conflict would normally
be potential only. Unless actual conflict
is present, Attorney X could represent
a parent-client upon full disclosure and
consent.
It is further the opinion of the Board
that if the client is a child, the conflict
(even if merely potential) cannot be
waived.
Question 8: It makes no difference that
the spouse’s involvement is limited to the
preliminary investigation.
Finally, in any of the above situations
“where … full disclosure and consent are
to be relied on to resolve possible conflict
questions there must be an affirmative
explanation by counsel of all the facts,
legal implications, possible effects and
other circumstances relating to the proposed
representation and express consent
continued on page 30...
July 2002 ■ 17

Paul R. Tyler, attorney
at Dickinson,
Mackaman, Tyler &
Hagen, P.C., of Des
Moines, has been elected
president of the Polk
County Bar Association
(PCBA).
Paul has been an active member of
the PCBA, most recently serving as a
member of the board of directors for
several years.
He is a graduate of the University of
Iowa (B.A., 1964) and the University
of Iowa College of Law (J.D. 1967).
Business Valuation
&
Litigation Support
Services
• Business valuations for buy/sell,
divorce, gift/estate and FLPs
• Damage/lost profit calculations
• Investigative accounting
• 31 years experience in accounting
Cyril Ann Mandelbaum
CPA/ABV, ASA, CVA
666 Walnut Street, Suite 1850
Des Moines, IA 50309
Phone (515) 280-8600
Fax (515) 280-8400
E-mail: camcpa@dwx.com
18
■ July 2002
Transitions
Transitions
Persons wishing to submit material for this column are asked to follow the style here, including as much of the same kind of information
as possible and a photo of persons mentioned. Please submit all copy via e-mail to ccorcoran@iowabar.org Photos may be sent as
JPEG’s (.jpg). Please be sure to include your office phone number and the name of the person who submitted the material. If you have
questions, send them to the same address or call Chuck Corcoran at the bar office, 515-243-3179. Thanks for your help.
Paul
Tyler
Eric
Fisher
Eric K. Fisher has
joined the Paul
McAndrew Law Firm of
Coralville as an associate.
Eric received the
Bachelor of Arts with
honors in English from
Grinnell College in
1988 and the Juris Doctorate with
honors from the University of Iowa
College of Law in 1993. He has been
general counsel to the International
Brotherhood of Electrical Workers
Local 204 in Cedar Rapids.
CeCe Ibson Wagner has joined
Smith, Schneider, Stiles and
Serangeli, P.C., of Des Moines and
will practice in the areas of insurance,
real estate, employment and general
business defense in litigation.
Janean Schaefer Denhart has joined
the firm as an associate.
Matt Cunningham has joined the
Legal Services Corporation of Iowa’s
Southeast Regional Office in Ottumwa.
Matt is a 2001 graduate of Creighton
Law School and was admitted to practice
in Iowa in September 2001.
Lee Heithoff, a 2001 graduate of
Creighton Law School, is working as
a staff attorney in LSCI’s Southwest
Regional Office in Council Bluffs.
Steve Norby, a 1979 graduate of the
University of Iowa College of Law, is
working as a staff attorney in the
Waterloo Regional Office of LSCI.
Steve previously worked for the Black
Hawk County Attorney’s office.
Enréne van Tonder has joined the
Cedar Rapids Regional Office of
LSCI. Enréne is a 2001 graduate of
Creighton Law School.
Derek Johnson, a 2000 graduate of
the University of Iowa College of Law,
has joined LSCI’s Iowa City Regional
Office. Derek was previously a clerk
in the 6th Judicial District.
P.A. Henrichsen has
joined the business
valuation and litigation
support firm of Philip
Schneider & Associates,
P.A. Inc.
Henrichsen P.A. received his
B.B.A. in accounting with distinction
from Iowa State University in 1993
and his J.D. with distinction from the
University of Iowa College of Law in
2000.
He is a C.P.A., a member of the
Iowa Society of C.P.A.’s and serves the
ISBA Bar Review School, Inc. as an
attorney director. He is also a
C.P.C.U. having worked for ALLIED
GROUP. He was with the general
practice firm of Brierly Charnetski,
L.L.P.

THE IOWA STATE BAR
ASSOCIATION
Pro Bono Awards
continued from page 13...
where the client was deaf and was
seeking assistance in obtaining a
guardianship of her seven year old
grandson. Over the next year she
spent more than 100 hours representing
the client in a ChINA proceeding.
After a three day trial, the child
was placed with the client. The client
now hopes to adopt the child. We
are grateful to Ms. Orzechowski’s
dedication in this case and her genuine
concern for the client.
Kathryn Salazar - Ms. Salazar
practices in Washington County.
In November of 2000 she agreed to
assist a respondent in a dissolution
modification filed by the client’s exwife.
The client was on disability and
could not afford representation. Over
the course of a year, Ms. Salazar
donated 160 hours on this case. In
the end, her client was able to retain
custody of his children. She took this
case just two months after joining the
Volunteer Lawyers Project and it was
her first VLP case.
United States Attorney’s Office –
CARE Project – The CARE Project was
initiated in 1998 to represent plaintiffs
in contempt proceedings in protective
order cases. Because the defendant is
entitled to representation in this quasicriminal
proceeding, victims often
were faced with having to prosecute
civil contempts pro se against experienced
attorneys. The U.S. Attorney’s
office and LSCI recognized the opportunity
to utilize the U.S. Attorney’s
prosecution expertise to assist victims
in prosecuting contempts. Since 1998,
over 40 women have been represented
by this project. Several attorneys from
the U. S. Attorney’s office have volunteered
their time to the CARE project.
Iowa Lawyers do make a difference
in the lives of Iowans. Thanks to all of
you who ensure access to justice for
the citizens of our state.
IOWA STATE BAR
ASSOCIATIO N
The Iowa State Bar Association
welcomes the April, 2002 admittees
to the Iowa Bar and the Association.
University of Arkansas – Little Rock
Else, Jack – Cedar Rapids, IA
Brigham Young University
Nelson, Lindsey C. – Coralville, IA
University of Chicago – Kent
Striegel, Leanne M. – Iowa City, IA
Creighton University
Heithoff, Lee M. – Omaha, NE
Van Tonder, Enrene – Omaha, NE
University of Denver
Sales, William E., III – Ankeny, IA
Drake University Law School
Christy, Cynthia U. – Urbandale, IA
DeWaay, Michael J. – Iowa City, IA
Galligan, Joseph M. – Des Moines, IA
Pendroy, Lisa K. – Des Moines, IA
Rothman, Daniel J. – West Des Moines, IA
Rowe, Jeffrey D. – Johnston, IA
Springer, Jason A. – West Des Moines, IA
Thomas, Aaron J. – Anamosa, IA
Valley, Camille A. – Des Moines, IA
University of Florida
Erickson, Kimberly R. – Clive, IA
Harvard University
Kobes, Jonathan A. – Alexandria, VA
University of Illinois
Schiltz, Mikkie R. – Bettendorf, IA
University of Iowa
Bright, David J. – Iowa City, IA
Cox, Jamie L. – Council Bluffs, IA
DeYoung, Paul P. – Iowa City, IA
Gallagher, Erin C. – Coralville, IA
Howard, Brett R. – North Liberty, IA
Mueller, Laura C. – Cedar Rapids, IA
Penick, Bridget R. – Des Moines, IA
Prohs, Erick D. – Des Moines, IA
Scott, Nicholas L. – Cedar Rapids, IA
Smith, James H. – Des Moines, IA
Thompson, Benjamin W. – Omaha, NE
Vakulskas Joly, Molly – Sioux City, IA
Wiley, Jason M. – Washington, DC
Young, Michael R. – Chicago, IL
Zylstra, David J. – Cedar Rapids, IA
John Marshall Law School
Mahoney, Jason M. – Chicago, IL
Marquette University
Fereday, Megan S. – Waterloo, IA
Northern Illinois University
Brune, Matthew W. – Ottawa, IL
Walters, Anne P. – Moline, IL
Northern Kentucky University
Sadler, Julie D. – Pella, IA
University of South Dakota
Lengeling, Robert A. – Sioux City, IA
Ravnsborg, Jason R. – Luverne, MN
Thomas M. Cooley Law School
McNaughton, Randall L. – Davenport, IA
Ubbinga, Lori A. – Homer, NE
Welsh, Christopher P. – Kansas City, MO
July 2002 ■ 19

It is essential that public defenders, private attorneys partner —
Five Essential Truths About Indigent Defense
By Tom Becker, State Public Defender
About two years ago when I first
wrote in The Iowa Lawyer, 1 I played on
the old motor oil commercial catchphrase
of “pay me now, or pay me
later” to warn about the dangers of
complacency in maintaining effective
indigent defense programs. It was just
a few months afterward that our
nation, and Iowa along with it, plunged
into the current economic recession.
From early 2001 through the present, 2
we’ve been fighting one budget battle
after another, each more desperate
than the one before. That’s going to
continue for at least the near future
and it’s driving Iowa’s indigent defense
programs toward a crisis. We can get
through this crisis, but there needs to
be a change in how some of Iowa’s
policymakers view indigent defense.
As unpleasant as the budget battles
have been, they’ve taught me a great
deal. When I was a kid and decided I
wanted to be a lawyer, one of my reasons
was that I thought there would be
no math. I was wrong. In this job I’ve
20
■ July 2002
discovered that 1) learning the state’s
budgeting methods and jargon is
essential, and 2) having a key staff
member with a B.S. in mathematics is
pure gold. Unfortunately, I’ve also
learned that there are too many folks
who cannot look beyond the numbers
and see the truth about indigent
defense. As Simone Weil, the French
philosopher, said, “In mathematics we
have all the data, yet we don’t understand.”
This article is intended to promote
that understanding.
I believe there are five Essential
Truths about indigent defense. Anyone
who appreciates these will understand
everything necessary for good decisions
about indigent defense programs
in Iowa or anyplace else. No doubt
there will be argument about some of
these or whether there ought to be
others. In any case, this is my story and
I’m sticking to it.
THE FIRST ESSENTIAL TRUTH
about indigent defense is that the State
of Iowa has no legal option but to pro-
Title Guaranty
800-843-0201
www.ifahome.com
DOES YOUR TITLE OPINION
PROTECT YOUR CLIENT AGAINST LIENS MISSED BY
THE ABSTRACTOR?
TITLE GUARANTY CAN
(Have you told your client this?)
vide funding to indigent
defense programs
Tom Becker
adequate for representation
at a constitutionally effective
level. Yes, we need to be efficient about
it. That’s why we have salaried state
employees in public defender offices
handling a majority of the cases. For
the cases handled by attorneys appointed
from the private bar, efficiency is
why there is oversight by judges and my
office concerning fees and expenses.
But at the end of the day, indigent
defense must be funded. That may be
a counterintuitive proposition for some
of the folks who, in tough budget
times, are looking to make cuts, but
that’s the way it is.
THE SECOND ESSENTIAL TRUTH
is the need for indigent defense services
is determined by people who have
no role in administering indigent
defense programs. The Legislature
decides what’s against the law, the
police decide whom to arrest, and
county attorneys decide whom to prosecute.
Neither I nor anyone who works
for me – or any other provider of indigent
defense services – has the slightest
influence on these decisions.
The most influential of these players
isn’t even part of state government.
Except for the State Patrol and
Department of Criminal Investigations,
the police are answerable to local government.
Sheriffs are elected by the
people of their counties. Most influential
of all are Iowa’s 99 elected county
attorneys. County attorneys are
autonomous and accountable only to
their constituencies. County attorneys
have partisan affiliations, political
agendas, and enormous discretion.
So, if certain people say to me,
“We’re going to cut indigent defense
continued on the next page...

appropriations by 4.83 percent,” I
respond with two questions: Are you
willing to reduce prosecutions against
indigent persons by 4.83 percent? If so,
how are you going to do that? If answers
to those questions prove elusive, return
to the First Essential Truth – indigent
defense must be funded. And forget
about cutting my appropriations.
THE THIRD ESSENTIAL TRUTH:
Public defenders save the state money.
For the cases handled by the State
Public Defender’s Trial Division, the
average cost per case is less than half
of the average cost per claim against
the Indigent Defense Fund. I know this
premise doesn’t sit well with some
readers of The Iowa Lawyer, but it’s
the truth.
From the establishment of the very
first public defender office in Los
Angeles early in the last century
through today, there have been two
fundamental, coequal reasons for setting
up public defender offices: quality
service at the most economical price.
Public defenders provide the quality
by being the only law firm in town that
specializes exclusively in state criminal
defense. The economic efficiency
comes from using salaried employees,
including an in-house investigative
staff. This combination of quality and
efficiency is why jurisdictions with wellfunctioning
indigent defense programs
use public defenders as their cornerstones.
The absence of public defenders
is why some programs are in trouble,
and why several of these are turning
to public defenders for solutions. 4
Accordingly, if anyone thinks that
public defender layoffs, furloughs, and
hiring freezes save the state money,
please refer back to the First and
Second Essential Truths – any charge
laid against an indigent by a county
attorney must be defended by someone.
If there isn’t a public defender
available to handle the case, it’s going
to cost the state more. The long-range
solution to controlling indigent
defense costs is expansion of the State
Public Defender Service, not cutbacks.
Now, before anyone gets too mad at
me, read on.
THE FOURTH ESSENTIAL
TRUTH: Private attorneys play an
essential role in providing indigent
defense services, and that means we
must pay them. Public defenders cannot
efficiently cover every county in
Iowa. Even in locations served by public
defender offices, there are many
cases public defenders can’t handle
because of conflicts of interest or work
overload. 5 A jurisdiction without an
effective partnership between public
defenders and private attorneys risks
gridlock in the criminal justice system. 6
We can’t expect to have sufficient
numbers of quality lawyers willing to
take appointments unless we pay them
appropriately.
Iowa’s current hourly rates for court
appointed lawyers – $60, $55, and $50
for, respectively, Class A felonies, Class B
felonies, and everything else – are in
the upper tier among states that fund
indigent defense at the state level. 7 But
those rates aren’t enough to compensate
court-appointed attorneys fairly. My
office supports at least another $5 per
hour increase across the board. A fee
increase hasn’t been in the cards lately
and won’t until the economy turns
around, but it’s still on our agenda.
This brings me to my fifth and last
Essential Truth about indigent defense
Richard M. Calkins
THE FIFTH ESSENTIAL TRUTH:
The ability to maintain a courtappointment
fee rate at an appropriate
level depends upon a robust State
Public Defender Service. A vigorous,
statewide public defender network
means higher fee rates for other courtappointed
lawyers. Many of you may
ask, “how can that be?” Here’s how:
The State of Iowa must provide an
adequate indigent defense program,
but must do so in an economically efficient
way or we break the bank. If
there isn’t an extensive public defender
system to handle a significant majority
of cases, the only way to control
costs is to lowball the money paid to
other appointed counsel. Just look at
the states whose indigent defense troubles
have been in the news lately – all
have no statewide public defender network,
and all either have low fee rates,
impose hard and low fee caps that
make high hourly rates meaningless,
or extensively use low-cost contract
providers. 8
The ideal vision for Iowa’s indigent
defense program has the State Public
Defender Service as the principal service
provider with fairly compensated
members of the private bar handling
the rest of the cases. Indeed, this is the
only vision for an effective program.
One component cannot exist without
the other.
I hope this article helps readers of
The Iowa Lawyer better understand the
continued on page 23...
Former dean of the Drake University Law School, announces that he has become
an independent, full-time mediator/arbitrator. Over a period of 13 years, he has
mediated over 1,200 cases in every kind of case including antitrust, securities, personal
injury, malpractice, class actions, construction, copyright, Super Fund,
divorce and partnership disputes. Mr. Calkins is Board Certified by the American
Academy of ADR Attorneys. Please call (515) 283-0331 or email: amta@dwx.com
July 2002 ■ 21

Possible patent infringement? Get an opinion By Kirk Hartung
Your client has just received a cease and desist letter indicating
they are infringing someone else’s patent rights. What
should you do?
After becoming aware of potential infringement, there is
an affirmative duty of due care. At this point, failure to take
reasonable steps before beginning or continuing the alleged
infringing activity may result in a finding of willful infringement
that could mean having to pay treble damages and the
other side’s attorney’s fees, if infringement exists.
One reasonable step to take to avoid a finding of willfulness
is to obtain competent advice from a patent attorney on the
infringement issue. The attorney will review the patent alleged
to be infringed as well as its prosecution history from the
United States Patent and Trademark Office. He or she will
then compare the patent claims to the accused device to
determine whether or not there is infringement and give an
opinion, preferably in writing. The opinion may also include
an analysis of patent validity.
If the conclusion is one of infringement, the infringing
conduct must stop or a license needs to be negotiated with
the patent owner. On the other hand, if the opinion concludes
that there is
22
Technology
Speaking of intellect
ETHICS OPINIONS
continued from page 17...
by all parties, preferably in writing if possible,
for representation by counsel.” See
Formal Opinion 89-31.
01-7 March 7, 2002 – CONFLICT:
LAWYER/ABSTRACTOR
You ask if there is a conflict of interest
for an attorney to represent the seller of
real estate if the attorney prepares the
abstract of title to that real estate.
Prior ethics opinions, and particularly
Opinion 98-22, recognized that Iowa
lawyers provide abstracting services in
either of two ways. Some lawyers prepare
abstracts as a part of their law practice. A
lawyer who prepares abstracts as a part of
his or her law practice does so subject to
the Iowa Code of Professional
Responsibility for Lawyers including those
provisions with respect to confidentiality,
conflicts, fees and advertising.
An Iowa lawyer can also own and operate
an abstract office separate and apart
from his or her law practice. If the
abstract office is operated separate and distinct
from the law practice, DR 2-102(E) of
the Iowa Code of Professional
■ July 2002
no infringement
or the
patent is
invalid, a
Responsibility for Lawyers applies. DR 2-
102(E) states: “A lawyer who is engaged
both in the practice of law and another
profession or business shall not so indicate
on the lawyer’s letterhead, office sign, or
professional card, nor shall the lawyer be
identified as a lawyer in any publication in
connection with the lawyer’s other profession
or business.”
In the normal real estate transaction it is
the seller’s obligation to provide the buyer
with an abstract of title certified to date.
Thus, the lawyer-abstractor would represent
the seller in the preparation of the
abstract. There would be no conflict of
interest in the lawyer’s concurrent repre
sentation of the seller in the real estate
transaction generally, as the lawyer’s client,
both as to preparation of the abstract and
the sale, is in each instance, the seller.
A question remains as to the lawyerabstractor’s
obligation to the buyer for
errors or omissions in the preparation
of the abstract. That, however, is a legal
question.
01-8 March 7, 2002 – SOLICITATION –
IOWA FAMILY POLICY CENTER
thorough explanation should be provided to
the patent owner or its counsel.
With respect to willfulness and the potential
for increased damages and attorney fees,
whether the attorney is ultimately correct in
his/her opinion is not as important as the
thoroughness of the opinion itself. A well-reasoned
opinion on non-infringement reasonably may be relied
upon by the client, and normally will preclude a judgment of
willful infringement. A cursory opinion of non-infringement
will not save the client from a willfulness finding, if there is
infringement.
This attorney opinion may be used as a defensive shield from
willfulness charges, in which case the opinion will have to be
produced during discovery. Attorney-client privilege related
to the opinion will be waived. Therefore, a second law firm is
often retained to give the opinion.
A well-reasoned opinion of patent counsel is only one factor
that a court will consider out of the totality of circumstances
surrounding infringing conduct. That opinion is likely the
most important factor to avoid a finding of willful infringement
and liability for treble damages and attorney fees to the patent
owner. Other factors include efforts to avoid or design around
the patent, license negotiations, and the manner in which the
infringing conduct arose.
As counsel for a non-profit corporation,
the goal of which is to strengthen Iowa’s
families through research, education and
advocacy, you have asked whether the
organization’s “legal arm,” the Iowa
Liberty and Justice Center, may solicit
prospective clients regarding participation
in pertinent legal matters. For example,
you mention a newspaper advertisement
searching for parents, whose children have
been prohibited from exercising their
right to free exercise of religion in a public
forum, who desire to take legal action
redressing such prohibitions.
In Formal Opinion 83-10, this Board,
citing N.A.A.C.P. v. Button, 371 U.S. 415,
Railroad Trainmen v. Virginia Bar, 377
U.S. 1, and In re Primus, 436 U.S. 412,
held that the Iowa Civil Liberties Union
was entitled to engage in similar solicitation
because it is a nonprofit organization
which pursues litigation as a vehicle for
effective political expression. Your organization
has the same rights.
Although a law firm would not be entitled
to use a trade name such as the Iowa
Liberty and Justice Center under DR 2-
102(B), that rule is inapplicable here
continued on page 30...

Five Essential Truths About Indigent Defense
continued from page 21...
challenge of providing quality indigent
defense services in an efficient
way. Whether you agree with everything
I’ve said, I hope one thing is
clear – deliberately under-funding
indigent defense does not save the
state anything even in the short term,
and ignoring opportunities for longterm
savings in order to avoid nearterm
expenses only ends up costing
the taxpayers. 9 Any way you slice it,
it’s still “pay me now . . . or pay me
later.”
1 Thomas G. Becker, Pay Me Now . . .
Or Pay Me Later: The State of Iowa’s
Indigent Defense Programs, The Iowa
Lawyer, Vol. 60, No. 11 (Nov. 2000).
2 As of this writing, the Fiscal Year
2003 budget is still undecided.
3 For Fiscal Year 2001, the SPD Trial
Division cost per case was $210. The
average claim against the Indigent
Defense Fund was $444.
4 See, e.g., Jessica Reeves, Texas’s
Bruised Public Defense System Gets
an Overhaul, Time.com, May 16,
2002; Bill Rankin, Georgia County
Says Public Defenders Are “Absolute
Best Way to Go,” Atlanta Journal-
Constitution Online, Jan. 10, 2002;
Matthew Dolan, Virginia Study Makes
Case for Public Defenders, Hampton
Roads Virginian-Pilot Online, Dec. 18,
2001.
5 See Iowa Code § 13B.9(3), (4)
(2001).
6 For example, the Baltimore, MD,
Public Defender Office has recently
refused to take additional cases
because of work overload and,
because of very low hourly fees and
hard per case fee caps, there are
insufficient private attorneys willing
to take court appointments. For
details about what has happened and
the resulting crisis in the Baltimore
criminal courts, see the State of
Maryland Office of the Public
Defender’s website at
www.opd.state.md.us.
7 The Spangenberg Group, Rates of
Compensation for Court-Appointed
Counsel in Non-Capital Felonies at
Trial (1999). Of 24 states with statelevel
funding for indigent defense, no
state has its lowest rate higher than
$50 per hour, and only five states have
any rate higher than $60 per hour.
Moreover, Iowa’s per case fee caps are
“soft,” that is, attorneys may exceed
the cap upon timely application and
with court approval. Iowa Admin.
Code § 493-12.6(13B, 815) (2001).
Compare states with “hard” caps, i.e.,
those that can’t be exceeded under
any circumstances. See, e.g., Dolan
article, supra footnote 4 (Virginia’s
high hourly fees meaningless because
of low fee caps).
8 Texas, Georgia, Virginia (see
supra footnote 4). Also, New York
(Susan Saulny, Raise Ordered by
Lawyers Aiding Poor, N.Y. Times
Online, May 7, 2002), Montana
(American Civil Liberties Union Press
Release, ACLU Files Class-Action
Lawsuit Against Montana’s Indigent
Defense Program, Feb. 14, 2002),
Alabama (Stephanie Hoops, Lawyers
for Indigent Quit in Protest,
Tuscaloosanews.com, Mar. 2, 2002),
and Pennsylvania (Jan Ackerman,
Venango County Gets Poor Legal
Grades, County Coming Under Fire
over Indigent Defense, Pittsburgh
Post-Gazette Online, June 7, 2001).
By “low-cost contract providers” I
mean those lawyers or firms that
agree to take all indigent cases,
except conflicts, in a particular jurisdiction
for a flat fee without any provision
for turning back cases for
because of work overload.
9 In an editorial published soon
after the 2001 Legislature had made
its appropriations for indigent
defense programs, the Des Moines
Register said:
The state public defender’s office, either
with public defenders or private lawyers,
must provide legal representation to the
poor. It makes no sense to reduce the
Indigent Defense Fund to $19.8 million
[in Fiscal Year 2002] from $21.2 million
[in Fiscal Year 2001]. The state will have
to somehow come up with additional
money needed. It makes even less sense
long-term that the state continues to spend
so much money on private lawyers when
much of the time low-income clients could
be served with less expensive public defenders
who are experts in criminal defense.
Start-up expenses would be significant, but
eventually savings would be substantial.
Editorial: Phony Budgeting, Des Moines
Register Online, May 16, 2001.
July 2002 ■ 23

Classified Ads
24
PUBLISHER’S NOTE
E-mail submissions to the CLASSI-
FIED ADVERTISING section are
requested. They save keystrokes, thus
cutting down on our production time,
and help to assure accuracy.
Please follow the style of the ads
appearing here, indicate the classification
where you want your ad to appear
and state how long the ad is to run.
Each ISBA member of a private law
practice receives two free insertions
annually. Corporate and government
attorney members of the association
receive the same free privileges for their
business, non-employer-related ads. If
you have questions, call Chuck
Corcoran at 515-243-3179. E-mail your
copy to ccorcoran @iowabar.org
The number appearing in parentheses
after each ad is not a box number. It
indicates the date the ad will be pulled
from the magazine. (TF) indicates the
ad will run until we receive instructions
to pull it.
COMMERCIAL ADVERTISERS:
Contact Shannon Espenscheid
641-474-2280 or David Larson
515-440-2810, of Dave Larson Enterprises.
Positions Available
INDEPENDENCE, IOWA law office
seeks attorney with 1–4 years experience
in criminal and civil litigation.
Please send resume and requirements
to James T. Peters, P.O. Box 774,
Indpendence, Iowa 50644. All inquiries
will be confidential. (0802)
Why do some lawyers get
rich while others struggle to
pay their bills? “That’s simple,”
says attorney David M.
Ward. “Successful lawyers
know how to market their services.”
A successful sole practitioner
who once struggled to
attract clients, Ward credits his
turnaround to a referral marketing
system he developed
■ July 2002
GOVERNMENT RELATIONS - Nonprofit
Association seeking Staff
Attorney/Lobbyist to address public
policy issues. Experience in healthcare
and/or public governance issues; legislative
advocacy and legal analysis preferred.
Outstanding oral and written
communication skills necessary.
Progressive work environment, competitive
compensation package. Forward
resume and salary history to: Greg
Boattenhamer, Iowa Hospital
Association, 100 East Grand, Des
Moines, Iowa 50309. Contact via e-mail:
boattenhamerg@ihaonline.org (0802)
ASSOCIATE POSITION: Central Iowa
County Seat AV-rated law firm is seeking
an associate with 0-3 years experience.
Opportunities in areas of office
practice and litigation. Send resume
and present level of compensation in
confidence to The Iowa State Bar
Association, Code AP 02-02, 521 East
Locust Street, Floor 3, Des Moines,
Iowa 50309-1939 (0802)
AV-RATED DOWNTOWN DES
MOINES office seeks attorney to join
office practice as an associate, partner
or possible other arrangement. All
inquiries will be held in strict confidence.
Please submit resume to Code
5021, The Iowa Lawyer, Des Moines,
Iowa 50309-1939. (0802)
ATTORNEY (TRIAL) Experienced
civil or criminal trial attorney wanted by
small but expanding Des Moines law
firm as litigation head to handle bankruptcy
and debtor-creditor litigation,
business and real estate litigation, criminal
and family law litigation, and personal
injury docket. FAX reply to 1-515-
256-0907. (0802)
Paid Advertisement
Free Report Shows Lawyers
How to Get More Clients
several years ago. “I went from
dead broke and drowning in
debt to earning $300,000 a
year, practically overnight,” he
says.
“Lawyers depend on referrals,”
Ward notes, “but without
a system, referrals are unpredictable
and so is their
income.”
Ward has written a new
report, “How to Get More
Clients In a Month Than You
Now Get All Year!” which
reveals how any lawyer can use
his marketing system to get
more clients and increase their
income.
Iowa lawyers can get a
FREE copy of Ward’s report
by calling 1-800-562-4627 (a
24-hour recorded message) or
by going to davidward.com
PROSECUTING ATTORNEY –
Dickinson and Emmet Counties seek a
motivated prosecutor to handle domestic
abuse violence complaints and 236
hearings. Qualified candidate must be
licensed to practice law in Iowa and
commit to a one-year agreement. This
is a grant-funded position that may be
renewed annually. Interested persons
should apply to Prosecutor, P.O. Box
305, Spirit Lake, Iowa 51360. EEOC
(0802)
ATTORNEY WANTED - Established
AV-rated law firm seeks a highly motivated
attorney with experience in probate,
real estate and business law. Also
seeking one or more attorneys with an
established practice for office sharing
arrangement or possible merger. Please
send resume to Phil Watson, P.C., 535
E. Army Post Road, Des Moines, Iowa
50315 or email phil@watsonpc.com
(0802)
POSITION AVAILABLE – Small legal
firm looking for associate and eventually
partner with two to three years experience.
Firm specializes in probate
work, personal injury, corporate and
tax work. All inquiries will be confidential.
Please submit resume to Code 707,
C/O The Iowa State Bar Association,
521 East Locust Street, Floor 3, Des
Moines, Iowa 50309-1939. (0902)
ATTORNEY WANTED - Cedar Rapids
plaintiff/claimant personal injury and
workers’ compensation firm seeks
attorney to assist with existing caseload.
All replies will be confidential. E-mail
or mail a letter of introduction and
resume to Pete Leehey at pleehey@lee
heylaw.com or P.O. Box 10316, Cedar
Rapids, Iowa 52410-0316. (0902)
ASSOCIATE - Quad City firm seeks an
associate with no less than two years
experience for plaintiff’s personal
injury and workers’compensation law.
This long-established firm of 10 attorneys
is expanding the legal staff. Salary
commensurate with experience. Full
benefits. All inquiries will be held in
strict confidence. Please send resume,
salary history and cover letter to
Winstein, Kavensky & Wallace,
Attention: D.S. Fogle, P.O. Box 4298,
Rock Island, IL 61204-4298. (0902)

DYNAMIC WESTERN IOWA FIRM
seeks an ambitious attorney desiring to
build a regional practice and reputation
in family law, criminal law and litigation.
If you are a new graduate or
have less than two years experience,
desire to join an AV-rated rural firm
with an expanding client base, excellent
growth potential and future shareholder
possibilities, please send your
resume and references to Code 704,
C/O The Iowa State Bar Association,
521 East Locust Street, Floor 3, Des
Moines, Iowa 50309-1939. (0902)
ASSOCIATE POSITION - Brierly
Charnetski L.L.P. seeks associate with 0-
5 years experience or law student clerk
with possible later associate position,
for general practice work in Newton,
Iowa, office. Send resume to Mark A.
Otto, Brierly Charnetski L.L.P., 211 1st
Ave. W., P.O. Box 726, Newton, Iowa
50208 (0802)
LABOR AND EMPLOYMENT
ATTORNEY - Des Moines law firm
seeks experienced, motivated attorney
with strong credentials to work in its
Labor and Employment practice
group. Practice would include a mixture
of office practice and litigation,
assisting senior members of the practice
group, and primarily representing
management. We offer an opportunity
for professional growth, competitive
compensation and a great working
environment. Candidate should have
approximately 3-6 years experience.
Human resources or judicial clerkship
experience a plus. For consideration,
please send a cover letter and resume
to Chair, Growth Committee,
Dickinson, Mackaman, Tyler & Hagen,
P.C., 699 Walnut, Suite 1600, Des
Moines, Iowa 50309. (0902)
AV-RATED DES MOINES firm seeks an
attorney interested in civil litigation,
research and briefing. Experience preferred
but not required. Draw plus
commission. Send resume to Code 703,
C/O The Iowa State Bar Association,
521 East Locust Street, Floor 3, Des
Moines, Iowa 50309-1939. (0902)
ASSOCIATE POSITION - Quad Cities
law firm is seeking an associate with 2-5
years experience and interest in general
practice/litigation. Send resume, references
and salary requirements in
confidence to Code 701, C/O The
Iowa State Bar Association, 521 East
Locust Street, Floor 3, Des Moines,
Iowa 50309-1939 (0802)
LITIGATION ATTORNEYS - Large
Des Moines law firm has opportunities
for litigation attorneys with 3+ years
experience. Firm handles a wide range
of personal injury, commercial and corporate
litigation. Competitive salary
and benefit package. Send all replies in
confidence to Code No. 702, C/O The
Iowa State Bar Association, 521 East
Locust Street, Floor 3, Des Moines,
Iowa 50309-1939. (1002)
TRIAL LAWYER - Finley, Alt, Smith,
Scharnberg, Craig, Hilmes & Gaffney,
P.C., of Des Moines seeks a trial lawyer
with 4 to 8 years of experience for its
extensive litigation practice. All
inquiries will be kept strictly confidential.
Please send resume and cover letter
to Jack Hilmes, 604 Locust Street,
Suite 400, Des Moines, Iowa 50309 or
e-mail jhilmes@finleylaw.com (0902)
ASSOCIATE - Northeast Iowa county
seat law office seeking an associate with
0-2 years experience in office and general
trial practice. There also is an
opportunity to assume the practice
within 10 years. Mail resume and cover
letter to Hoeger & McClintock, 317
First Street East, Independence, Iowa
50644. (0902)
EXPERIENCED LITIGATORS -
Nyemaster, Goode, Voigts, West,
Hansell & O’Brien of Des Moines is
seeking attorneys with five to 10 years
of litigation experience. Candidates
must have excellent academic credentials
and extensive civil litigation experience.
Please send resume to Thomas
H. Walton, Nyemaster Law Firm, 700
Walnut, Suite 1600, Des Moines, Iowa
50309. Please see our website at
www.nyemaster.com for more information.
(0902)
LINCOLN, NEBRASKA - Business law
firm with national clientele seeks a
transactions/securities attorney with
reputation for integrity, top academic
credentials, and 5-10 years’ experience.
Opportunity to work on sophisticated
legal/financial transactions in a law
firm with nine full-time business attorneys,
while residing in a 225,000-population
city with affordable housing;
excellent schools; clean air and water;
arts, entertainment, and sports venues;
and moderate traffic and commute.
Collegial environment is characterized
by attorneys and staff committed to
teamwork, responsive client service,
strong work ethic, highest ethical standards
and fair dealing. Send résumé to
escudder@scudderlaw.com (0802)
GOVERNMENT RELATIONS Nonprofit
association seeking staff attorney/lobbyist
to address public policy
issues. Experience in healthcare
and/or public governance issues; legislative
advocacy and legal analysis preferred.
Outstanding oral and written
communication skills necessary.
Progressive work environment, compensation
package. Forward resume
and salary history to Dana Petrowsky,
Iowa Association of Homes and
Services for the Aging, 1701 48th St.
Suite 203, West Des Moines, Iowa
50266-6723, or email to
depetrowsky@ageiowa.org (SE)
Professional Services
RESEARCH HELP – Experienced
attorney licensed in Iowa, Illinois and
Wisconsin, available for research/writing
assignments, help with appeals or
due diligence projects. Flexible fees,
prompt response, references available.
Contact Daniel A. LaKemper, 309-
678-6048 or lakemper@mtco.com
(0902)
Iowa Law
School
FALL 2002 CLE SCHEDULE
University of Iowa
College of Law
Iowa City, Iowa
Sept. 13 General Practice
(6 hrs)
Sept. 20 e-Commerce
(tentative)
Oct. 4 Probate (6 hrs)
(Homecoming)
Oct. 11 Real Estate & Land
Use Issues (6 hrs)
Oct. 12 Federal Employment
Law (2 hrs)
Nov. 1-2 Iowa Nonprofit Corp.:
Nonprofits &
Charitable Transfer of
Wealth (8 hrs)
Nov. 8 Business Law (6 hrs)
Nov. 9 Passing Title Through
Estates (2 hrs)
For further information, please go to
www.law.uiowa.edu/CLE
July 2002 ■ 25

Expert Software
LEGALWORKS GUIDELINES FOR
IOWA. IBM Windows Compatible/
Windows version. Calculates child support
pursuant to Iowa child support
guidelines worksheet and client’s financial
affidavit. Call (888) 282-5291 for
pricing and delivery information.
Satisfaction guaranteed. LegalWorks
Software, P.O. Box 22127, Des Moines,
IA 50325. (SE)
26
Office Space Available
IOWA CITY – Two offices that share
common reception area and library
available. Parking and storage included.
The courthouse, bank and post
office are nearby. Located at 22 Court
Street in Iowa City. Please phone 319-
351-0222. (SE)
PLAZA LAW OFFICE – Office space
available in suite of law offices in The
Plaza in Downtown Des Moines includes
staff, services, equipment and utilities.
Reasonable terms. All inquiries confidential.
Phone 515-244-7820. (SE)
It’s Within Your Reach.
Roster of Attorneys.
Field of Practice Section.
Listings of County, State and Federal Officials.
Easy-to-access products and services in the Classified Section.
Professional and Biographical Section for Participating Attorneys.
A Comprehensive Court Section Including Contact Information.
Whether you use the hard bound “Blue Book”, or the online reference, Legal
Directories is there for you 24 hours a day. We’re making it easy for you to
access all the critical information that you need to get your job done. Visit us
online and find out how simple research has become.
Iowa Legal Directories Publishing Company, Inc.
P.O. Box 189000 • Dallas, TX 75218 • or call: 1-800-447-5375
or visit our website for a complete listing: www.LegalDirectories.com
■ July 2002
Want to know how you can be at the fingertips of the world?
Contact us:
Legal Directories Publishing Co., Inc.
Since 1935
WINDSOR HEIGHTS AREA - Office
available for lease. Share common
reception area and conference room.
Easy access to freeway. Please phone
515-225-0270. (0802)
Office Furniture
PRACTITIONER’S OFFICE –
Everything good to excellent condition
at a fraction of original cost.
Conference table with bull-nose edge
with eight matching chairs and credenza,
walnut with dark blue laminate tops,
$2,000; second conference table, rectangular,
brown wood, seats eight, with
seven matching chairs, $500 to $750;
two blue leather client chairs, $250
each; four blue leather waiting room
chairs, $125 each; four upholstered
chairs, beige pattern, $50 each; upholstered
office couch, predominantly
cranberry, black and navy blue, $300;
two blue leather chairs with chrome
appointments, $50 each; two brown
leather chairs with wood frames and
legs, $150 each; 25 legal-size, four-drawer
file cabinets, black, $85 each; desks –
three oak-look wood secretary-style with
returns and chairs, $50 each; two standard
desks, walnut-look, one matching
credenza, $100 each; and assorted
accessories such as lamps, end tables, a
credenza. Call 515-262-9800 or 515-457-
7790. Ask for Tom. (0902)
Miscellaneous
NOTICE CRIME VICTIM COMPEN-
SATION SUBROGATION. Do you
represent a client who has received
medical benefits, lost wages, loss of support,
counseling or funeral and burial
assistance from the Crime Victim
Compensation Program of the attorney
general’s office? When your client
applied for compensation benefits, a
subrogation agreement was signed pursuant
to Iowa Code section 912.12
(1995). The attorney who is suing on
behalf of a crime victim should give
notice to the Crime Victim
Compensation Program upon filing a
claim on behalf of the recipient. The
Crime Victim Compensation Program
will pay a pro rated share of the expenses
incurred in obtaining a judgment or
verdict. Questions? Contact Julie
Swanston, MPA Compensation
Administrator, Crime Victim Assistance
Division, (515) 281-5044. (SE)

NOTICE - MEDICAID LIEN: The
Iowa Department of Human Services
has a lien against the recovery recipients
obtained from third party tortfeasors
pursuant to Iowa Code
249A.6. Questions? Call CONSULTEC,
INC., Rocco Russo, 1-515-327-0950
ext. 1114. (SE)
NOTICE TO ATTORNEYS: Estate
Recovery Program. Iowa Code section
249A.5(2)f(2) provides that medical
assistance recipients, age 55 and older,
shall reimburse the state for Title XIX
benefits received. Title XIX funds the
Medicaid, Medically Needy, and
Elderly Waiver programs. A medical
assistance claim for reimbursement is a
priority claim, Iowa Code section
633.425. Iowa Code section
249A.5(2)f(2) provides that the personal
representative or executor of the
estate of the recipient may be personally
liable for the claim to the extent of
the recipients assets at the time of
death, if such assets were not used to
pay the medical assistance debt. For
further information contact: Ben
Chatman; Estate Recovery Program; 904
Walnut St., Ste. 502, Des Moines, IA
50309; telephone 515-246-9841; fax
515-246-1722; 888-513-5186;
http://www.iowa-estates.com
E-Mail: estates@sumo group.com (SE)
REWARD $500.00 The Surviving
spouse of Merlin Edwin Sr. offers to any
Law firm, or law office, attorney, or any
other party, payment of five hundred
dollars for a copy of the Last Will and
Testament for Merlin Edwin Sr. executed
in, or after 1993. If you, or your
offices have represented or provided
legal serviced to Merlin Edwin Sr. in
the past please contact Keith D.
Haroldson, 5526 NW 86th Street, Suite
C. P.O. Box 286, Johnston, IA 50131
Telephone (515) 270-8670, FAX (515)
270-8424, or e-mail KDH@DWX.com
(SE)
Vacation Rental
WATCH THE SUNSET over The Gulf
of Mexico. Take advantage of a quiet
island with fantastic shelling. Two bedroom,
two bathroom condos at Boca
Grande, Florida. Please call Yale
Kramer at 515-281-9237 for owner’s discount.
$630 per week and up. (SE)
Experts
REAL ESTATE AND BUILDING
CONSTRUCTION EXPERT:
Architect available to assist in case
preparation, depositions and court testimony
for plaintiff or defense attorneys.
Areas of expertise include: real
estate partnerships, real estate finance,
real estate investments, land economics,
architecture, building design, value
engineering, cost evaluation, construction
management and construction
scheduling. Specialist in preparation
of computer-generated charts, graphs,
scale drawings and models.
Professional experience in 32 states.
Résumé and references available upon
request. John G. Kujac, 15561 NW
Madrid Dr., Madrid, IA 50156.
(515)795-4001 or fax (515) 795-3049.
(SE)
EXAMINER OF QUESTIONED
HANDWRITING, 30 years of experience,
qualified in state and federal
courts since 1972, résumé available
upon request. Richard D. Mould; 130
East Rose; Des Moines 50315-7747;
(515) 288-5881. (SE)
Personal
IF DEPRESSION, STRESS, ALCO-
HOL OR DRUGS are a problem for
you, we can help. We are a non-profit
corporation offering attorneys free
help in a totally confidential relationship.
We are the Iowa Lawyers
Assistance Program and totally separate
from the state bar association.
Under order of the Iowa Supreme
Court, all communication with us is
privileged and private. Our director is a
former lawyer, a recovering alcoholic
and drug addict. He is a trained substance
abuse counselor and an
Employee Assistance Professional
(EAP). We cannot help unless you call
– 515-277-3817 or 800-243-1533 – or
message (in confidence) iowalawyers@
aol.com All you have to do is ask us to
contact you. No other details are necessary.
We will call you. The Iowa Lawyers
Assistance Program can provide speakers for
local bar associations. Just ask.
Public Notice
PUBLIC NOTICE FOR REAP-
POINTMENT OF INCUM-
BENT MAGISTRATE JUDGE -
United States Magistrate Judge
Ross A. Walters’ term at the U.S.
District Court in Des Moines
expires November 13, 2002. The
United States District Court is
required by law to establish a
panel of citizens to consider the
reappointment of the magistrate
judge to a new eight-year term.
The duties of a magistrate judge
position include the following:
(1) conduct of most preliminary
proceedings in criminal cases;
(2) trial and disposition of misdemeanor
cases; (3) conduct of
various pretrial matters and evidentiary
proceedings on delegation
from the judges of the district
court; and (4) trial and disposition
of civil cases upon consent
of the litigants. Comments
from members of the bar and the
public are invited as to whether
the incumbent magistrate judge
should be recommended by the
panel for reappointment by the
court and should be directed to
Jaki K. Samuelson, chair of the
Merit Selection Panel, 317 Sixth
Avenue, Suite 1200, Des Moines,
IA 50309-4195, or James
Rosenbaum, Clerk of Court, 300
United States Courthouse, 123
East Walnut Street, Des Moines,
IA 50309-2084. Comments must
be received by July 15, 2002. This
notice authorized by Ronald E.
Longstaff, Chief Judge, United
States District Court, Southern
District of Iowa. (0802)
Please keep the ISBA in mind so your member-
MOVING? ship benefits will continue uninterrupted. Most
importantly, we need your new U.S. Mail
address(es) and e-mail address as soon as you
know them.
If you subscribe to the Bar’s e-mail forwarding service (you have been
assigned an XXXXXX@iowabar.org address), please send us the new
e-mail address quickly so we can continue that service, too. E-mail all of your
updated information to jjordan@iowabar.org
July 2002 ■
27

28
■ July 2002
ISBA Budget for fiscal year 2002-2003
Revenue 2001-2002 Budget 2002-2003 Budget
Membership Dues $800,204.00 $800,204.00
Section Dues $70,000.00 $70,000.00
Legal Forms $7,500.00 $7,500.00
Iowa Docs ® $145,000.00 $174,500.00
IOWADOCS ® Seminar $3,500.00 $3,500.00
Jury Instructions $24,500.00 $24,500.00
Manuals $10,000.00 $59,500.00
Web Site Advertising $7,500.00 $10,000.00
Interest $60,000.00 $50,000.00
Rental income $5,400.00 $5,400.00
Annual Meeting $11,000.00 $10,000.00
Spring Tax Institute $5,000.00 $5,000.00
Tax School $35,000.00 $45,000.00
Young Lawyers—Bridge the Gap $36,000.00 $36,000.00
Misc. Seminars $125,000.00 $129,500.00
Ethics Opinions $2,500.00 $1,000.00
Labels $7,500.00 $7,500.00
Lawyer Referral $25,000.00 $25,000.00
Legal Directory $17,000.00 $17,000.00
Title Standards $11,000.00 $2,000.00
Miscellaneous $10,000.00 $15,000.00
Center for Law and Civic Education $20,000.00 $18,000.00
Bar Review Income $10,000.00 $10,000.00
Total Revenues $1,448,604.00 $1,526,104.00
Total Revenues $1,448,604.00 $1,526,104.00
Total Administrative Expenses $1,274,187.50 $1,345,215.00
Committee and Section Expenses $168,250.00 $178,250.00
Total Expenses $1,442,437.50 $1,523,465.00
Net Income/Loss $6,166.50 $2,639.00
2001-2002 Budget 2002-2003 Budget
Administrative Expenses
Allocated Copy Machine Costs $(25,000.00) $(25,000.00)
Bench Bar Conference $5,000.00 $500.00
Billed Print Dept. O/H Costs $(60,000.00) $(60,000.00)
Board of Governors $50,000.00 $50,000.00
Committee and Section appointment mailing expense $5,000.00 $5,000.00
Committee chairs and officers meeting $2,000.00 $2,000.00
Computer Software and Upgrades $20,000.00 $24,000.00
Delivery Expense $3,000.00 $3,000.00
Depreciation $60,000.00 $65,000.00
Directory $5,000.00 $3,500.00
Dues and Subscriptions $5,500.00 $5,500.00
continued on next page...

ISBA Budget for fiscal year 2002-2003
Economic Survey $10,000.00 –
Employee Retirement Plan $26,790.00 $33,250.00
Equipment rent $21,000.00 $10,000.00
Equipment Repairs $10,000.00 $8,000.00
General Insurance $12,400.00 $14,040.00
Great Rivers Conference $7,500.00
Hospital Insurance $39,500.00 $45,500.00
Iowa Lawyer $23,300.00 $31,000.00
Institutional Advertising $20,800.00
Legislative $126,435.00 $160,825.00
“Midwest, regional and ABA conferences” $25,000.00 $25,000.00
Miscellaneous $12,000.00 $12,000.00
Office Supplies $13,000.00 $13,000.00
Officers’ Travel $22,000.00 $20,000.00
Payroll Taxes $40,700.00 $43,300.00
Plebiscite $10,000.00
Postage $19,162.50 $19,800.00
President-Elect Expenses $500.00 $500.00
President’s Admin. Expenses $17,500.00 $17,500.00
Printing and Stationery $12,000.00 $12,000.00
Professional Services $10,000.00 $8,500.00
Rent and Utilities $137,350.00 $170,000.00
Retiree Health Insurance $6,000.00 $6,000.00
Retiree Retirement Benefits $18,000.00 $18,000.00
Retirement plan Administrative expense $1,500.00 $1,500.00
Salaries $554,250.00 $577,000.00
Staff Development $5,000.00 $5,000.00
Telephone $12,000.00 $10,000.00
Total Administrative Expenses $1,274,187.50 $1,345,215.00
NOTICE
UNAUTHORIZED PRACTICE
OF LAW VIOLATIONS
For information and to file
a complaint, contact:
Mark Godwin, Chair
Commission on Unauthorized
Practice of Law
400 East First Street
Des Moines, Iowa 50309
e-mail: magodwin@ci.des-moines.ia.us
July 2002 ■
29

ETHICS OPINIONS
continued from page 17...
because your attorneys are not “in private
practice” when working for the Center.
See Formal Opinion 96-21. The Center’s
letterhead, however, should be modified to
omit the private practice address of its
Chief Counsel, so that the Center will not
be viewed as a “feeder” for that private
practice.
01-9 March 7, 2002 – ADVERTISING –
TRADE NAME – MIDWEST ENVIRON-
MENTAL JUSTICE ADVOCATES
You are proposing to form a non-profit
organization called Midwest
Environmental Justice Advocates (MEJA)
in order to give law students and attorneys
the opportunity to participate in “public
interest” environmental lawsuits. You state
that you receive many calls from persons
concerned with environmental problems,
many of whom have little money to pay for
legal representation even though they may
have valid claims, and that there are few
attorneys in Iowa who are willing to take
this type of work with little prospect of
financial return. MEJA would take on
some cases itself, with your participation
and that of your law students and at least
one “cooperating attorney” from the list of
those interested in such work. Attorney’s
fees for these cases would be reduced or
eliminated, depending upon the client’s
ability to pay and the prospects of attorney
fee recovery under fee-shifting statutes.
MEJA would not carry on any litigation on
its own behalf.
30
■ July 2002
Your first question is whether using the
name, Midwest Environmental Justice
Advocates, on pleadings and correspondence,
would violate DR 2-102(B) (“a
lawyer in private practice shall not practice
under a trade name.”) In the Board’s
opinion, that rule is inapplicable here
because MEJA attorneys would not be
engaging “in private practice” in doing this
public interest work under the auspices of
a non-profit organization. See Formal
Opinion 96-21.
Your second question involves the operation
of a lawyer referral service by MEJA,
whereby those potential clients who are
not able to be served by MEJA could be
referred by it to someone from its list of
“cooperating attorneys” who are interested
in and willing to take this sort of work.
Your concern is with DR 2-103(C), which
states, “a lawyer shall not request a person
or organization to recommend or promote
the use of the lawyer’s services,” with
certain exceptions. The only arguably
applicable exception is under DR 2-
103(C)(3), which provides:
A lawyer may cooperate with the legal
service activities of any of the offices or
organizations enumerated in DR 2-
103(D)(1) through (4) and may perform
legal services for those to whom the lawyer
was recommended by it to do such work
if both of the following requirements
are met:
(a) The person to whom the recommendation
is made is a member or benefi-
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ciary of such office or organization.
(b) The lawyer remains free to exercise
independent professional judgment on
behalf of the client.
Examining the rule referred to, the first
office or organization enumerated is a
legal aid or public defender office. DR 2-
103(D)(1). As you indicate in your letter,
MEJA will not really be organized as a
legal aid office, as that term is generally
understood. Nor would MEJA qualify as a
military legal assistance office or lawyer
referral service operated by a bar association,
under DR 2-103(D)(2) or (3). The
key question is whether it would qualify
under DR 2-103(D)(4):
Any bona fide organization that recommends,
furnishes or pays for legal services
to its members or its beneficiaries provided
all of the following conditions are satisfied:
(a) Such organization, including any
affiliate, is so organized and operated that
no profit is derived by it from the rendition
of legal services by lawyers. . . .
This is the provision that allows group
legal insurance plans. MEJA would not
seem to qualify because, as you indicate, it
would not be providing legal services to
“members” or “beneficiaries,” as those
terms are usually understood. Moreover,
in those cases which MEJA becomes directly
involved rather than referring to cooperating
attorneys, profit could be derived
by it from the rendition of legal services by
lawyers.
Thus, the type of lawyer referral service
contemplated to be operated by MEJA
would not seem to be permitted under DR
2-103. However, the Board understands
that the Lawyer Referral Service operated
by The Iowa State Bar Association would
accept a list of attorneys who MEJA learns
are willing to take such consumer environmental
cases and use it in assisting callers
seeking such a lawyer. Thus, MEJA could
inform interested parties that the
Association maintains a list of attorneys
willing to consider taking such cases, and
furnish the telephone number of the Bar
Association’s Lawyer Referral Service.
Your letter also seeks reassurance that
MEJA could advertise the availability of its
services in general, without mentioning
any specific cooperating attorney by name.
You are correct that this would be permissible.
See Formal Opinion 01-8, March 7,
2002.

2002 CONTINUING LEGAL EDUCATION
The calendar is updated as Section & Committee CLE programs are scheduled.
Watch for the updates each month here or on the ISBA website - www.iowabar.org
Date Program Number of Hours Location
State Federal Ethics
July
15 General Practice CLE & Golf 1 - 1 Harvester, Harvester Golf Club
August
9-10 YLD Summer Seminar 7.5 2 1 Okoboji, The Inn Hotel & Conference Center
September
10 Model Business Corporation Act 3 - - Council Bluffs, Public Library
11 Model Business Corporation Act 3 - - Cedar Rapids, Clarion Hotel
12 Model Business Corporation Act 3 - - Bettendorf, Jumer’s Castle Lodge
13 Model Business Corporation Act 3 - - West Des Moines, West Des Moines Marriott
18 Trade Regulations Seminar Des Moines, Hotel Fort Des Moines
20 Labor & Employment Law Seminar West Des Moines, Hy-Vee Conference Center
30 Traveling Seminar Sioux City, Convention Center
October
1 Traveling Seminar Council Bluffs, Harrah’s Hotel
2 Traveling Seminar Mason City, Holiday Inn
3 Traveling Seminar Cedar Rapids, Clarion Hotel
4 Traveling Seminar Bettendorf, Jumer’s Castle Lodge
7 Traveling Seminar Des Moines, Embassy Suites
18 Probate Seminar Des Moines, Embassy Suites
25 Environmental Law Seminar Cedar Rapids, Clarion Hotel
December
4-6 Tax School Des Moines, Downtown Marriott Hotel
13 Federal Practice Seminar Des Moines, Downtown Marriott Hotel
For information about any Iowa State Bar Association-sponsored event call 1-800-457-3729 or (515) 243-3179
or visit our website: www.iowabar.org Register online using VISA or MasterCard.
You should
know that …
…all the rules with respect to lawyer
advertising are set out in DR 2-101,
DR 2-102, and DR 2-105 of the Iowa
Code of Professional Responsibility for
Lawyers which is Chapter 32 of the
Rules of the Iowa Supreme Court.
Mark your calendars now for 2002 CLE programs!
USURY
The Iowa Department of Banking’s website
posts the latest usury rate and a wealth
of other financial information that is
obtainable all day, every day of the year.
Just go to http://idob.state.ia.us and
click on “banking” and then on “rates”
for the very latest from state regulators.
Be sure to save the site in your
“favorites” file on your browser so you
can easily return to the site as often and
whenever as you wish.
July 2002 ■ 31