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Volume 62 Number 9 September 2002






Alan Olson

assumes ABA YLD chair





­ Apland means deposit advances in trust! ­ Holland cited by ABA group for service to solos ­ ISBA website lists Lawyer Referral subscribers ­ Title Guaranty year breaks all records


Volume 62 Number 9 September 2002 Published at 521 East Locust Des Moines, Iowa 50309 Charles Corcoran, Editor 515-243-3179



"Ask me what's great about America!" ­ Fredregill . . . . . . . . . . . . . . . . . . . . 5 Alan Olson leads ABA Young Lawyers Corcoran . . . . . . . . . . . . . . . . . . . . 6 Iowa's work cited in national program ­ Letter to the Editor . . . . . . . . . . . . . . 8 In Memoriam ­ Judge Lynne Brady . . . . 9 Iowa Title Guaranty breaks annual record . . . . . . . . . . . . . . . . . 10 ISBA Lawyer Referral Service now on the Internet 24/7. . . . . . . . . . 12 Apland absolutely requires advance fees be banked in trust. . . . . . . . . . . 13 Dillard appointed to Sixth District's bench. . . . . . . . . . . . . . . . 13 Administrators' free help is just a phone call, e-mail away. . . . . . . . . . 14

Transitions . . . . . . . . . . . . . . . . . . . . 20 Trademark and trade name differences examined - Krigbaum . . . 22 Pro bono volunteers honored . . . . . . . . 25 Classified Ads . . . . . . . . . . . . . . . . . . 27 Continuing Education you cannot afford to miss! . . . . . . . . . . . . . . . . 30

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




Volume 62 Number 9 September 2002






Alan Olson

assumes ABA YLD chair


(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: Peggy Card 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 [email protected] Please include your daytime phone number should we need to contact you with an answer or for verification. Executive Director Dwight Dinkla's electronic mail address is [email protected] Executive Assistant Judi Stout is at [email protected] Computer Service Director Harry Shipley's address is [email protected]





Preserving law's hallowed past can use your help . . . . . . . . . . . . . . 15 Holland cited by ABA Solo, Small Firm Section . . . . . . . . . . . . . 16 "Operation Stay In Iowa" September 5th in Des Moines . . . . . . 16 YLD leading children to safer lives . . . . 17 IRS changing addresses ... does it affect you?. . . . . . . . . . . . . . 18 Oberbillig praised on retirement ­ Hon. Robert Pratt . . . . . . . . . . . . . 19

­ Apland means deposit advances in trust! ­ Holland cited by ABA group for service to solos ­ ISBA website lists Lawyer Referral subscribers ­ Title Guaranty year breaks all records


ABA YLD Chair Alan O. Olson of Des Moines assumed his new responsibilities at the ABA Annual Meeting last month and is off to a flying start. See the Cover Story on page 10.

Iowa State Bar Association Board of Governors


Alan E. Fredregill, president, Sioux City, (712) 255-8838; Kevin Collins, president-elect, 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


James Lohman, Denison, (712) 263-4627 Dan A. Moore, Sioux City, (712) 252-0020


Patricia R. Cepican, Davenport (319) 355-6478 A. John Frey, Jr., Clinton, (563) 242-1832 Stuart P. Werling, Tipton, (319) 886-2175


J.C. Salvo, Harlan, (712) 755-3141 Charles L. Smith, Council Bluffs, (712) 325-9000


Michael Moreland, Ottumwa, (641) 682-8326 Rick L. Lynch, Bloomfield, (641) 664-3188


Mark Otto, Newton, (641) 792-4160


Roger A. Huddle, Wapello, (319) 523-4221


Elisabeth S. Reynoldson, Osceola, (641) 342-2157


Marion Beatty, Decorah, (319) 382-4226; Stephen Juergens, Dubuque, (319) 556-4011.


C Kevin McCrindle, Waterloo (319) 234-0535; George L. Weilein, Waterloo, (319) 233-6163.


C. Bradley Price, Mason City, (641) 423-1173; Thomas A. Lawler, Parkersburg, (319) 346-2650.


Steven W. Hendricks, Fort Dodge, (515) 576-4127; Joel T. Greer, Marshalltown, (641) 752-5467; Jim P. Robbins, Boone, (515) 432-7114;


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


Honorable Donna Paulsen, immediate past president, IJA


James Carney (legislative counsel) Des Moines, (515) 282-6803 ABA DELEGATES: David Funkhouser Mason City, (515) 423-6223 David Brown, Des Moines, (515) 244-2141 Jay Eaton, Des Moines, (515) 832-6565


A. David Bibler, Algona (515) 295-3565. Joseph Fitzgibbons, Estherville, (712) 362-7215

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, 319-366-733.

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. THE

IOWA LAWYER September 2002 3

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Ask Me

Alan Fredregill

What's Great About America!

our Constitutional freedoms. Certainly those are blessings which can be counted despite the despair borne of the terrorists' destruction. There are many different plans around the nation to mark the observance of September 11. The Iowa State Bar Association has developed an opportunity for you to share in those plans, and at the same time, trumpet our freedoms and the benefits of a government founded upon the rule of secular law. The program is aptly named, "What's Great About America." Patterned after an initiative of the Indiana State Bar Association, Iowa State Bar Association members will be fanning out across the state to visit schools for an hour on September 11 to acquaint students with the freedoms guaranteed to us by the Bill of Rights - the first 10 Amendments to the Constitution. ISBA members will wear lapel stickers inviting students to "Ask me what's great about America," and pamphlets will be available to briefly explain to them the rights guaranteed to us by our Constitution. Lawyers will be matched with schools in their vicinity. In visits I've had about this program, I know that both educators and lawyers are excited about this one-on-one chance for those trained in the law to teach in their communities about the Constitutional freedoms which have been the foundation of our free society. If you haven't yet signed up for this stellar event before this issue reaches you, there is still time. You will not regret this brief, yet significant, hour spent with our students explaining, from a lawyer's point of view, the importance of our "unalienable" rights. Call John Wheeler today (1-800-457-3729) at the ISBA to sign up for your school visit. He'll make sure that you'll be ready when they ask you, "Just what is so great about America?"

September 10, 2001, was a glorious day. I stood with hundreds of other Iowans, basking in the brilliant sunlight of a gorgeous September afternoon on the balcony of the State Historical Building in Des Moines. The occasion was the reception honoring Michael Streit, who had just been invested as Iowa's newest Supreme Court Justice. In the euphoria of that celebration, none of us ever imagined the horror of the disaster which would afflict the nation the next morning. There have been many changes in our society since that dark day, and some of them actually have been positive. Witness the great resurgence of national pride, coupled with an enhanced awareness of the value of


IOWA LAWYER September 2002 5


Olson urges unity, service for ABA Young Lawyers

By Chuck Corcoran, Editor, The Iowa Lawyer


lan Olson assumed his new role last month as president of the American Bar Association's Young Lawyers Division with the same enthusiasm he has for being a lawyer and the same low key confidence with which he successfully guided Iowa's YLD three years ago. In his first talk to members of the national YLD during the ABA's annual convention last month in Washington, D.C., he proudly pointed to the 125,000 members of the ABA YLD as the largest single entity of the 400,000-member ABA, which is the largest voluntary professional organization in the world. Noting the potential power of his organization to accomplish the goals he has set, Olson pointed to the possibilities for the year ahead, urging his audience of young lawyers to see the potential in their collective hands. "The Young Lawyers Division is truly the national voice of young lawyers," he said. "Let your voice be heard! The possibilities are endless." His speech was full of encouragement for the newest of the bar's members to get involved. "As we embark upon a new bar year, the Young Lawyers Division remains firmly committed to serving the public and our honorable profession. As you contemplate your availability for service...consider the meaningful and lasting difference you could make in the lives of real people...." Ever the cheerleader and encourager, Olson stressed, as he always has, that the YLD means service, to the public and to themselves as they grow in their profession. "Together, we have the ability to share collective wisdom for enhancing our skills, to sound a unified voice for delivering public service, to extend a group invitation for increased membership." Most importantly, he said, he wants professionally for young lawyers to

GETTING TOGETHER TO DISCUSS THE NEW BAR YEAR - new ABA YLD Chair Alan Olson (left) and new ISBA President Alan Fredregill (right) talked with Alfred P. Carlton, Jr., new president of the ABA at the American Bar Association's Annual Meeting in Washington, D.C., last month.

­ Photo by Clare Holland

learn to balance their personal and professional responsibilities. He sees the new lawyer, the "experienced new lawyer" and the "veteran young lawyer" having distinct needs as they grow in the profession and wants to tailor programs to meet their distinct needs. In addition to educational programs suitable for use in all levels of programs across the nation, "...the Division will publish a collection of specific strategies for achieving balance for use by individual attorneys seeking harmony in their hectic schedules," he said. Olson expects a resource guide to that end will be published in time for the ABA's Midyear Meeting early next year.

How did he get this far?

Alan O. Olson, the 69th person to chair the ABA Young Lawyers Division, was born in Mankato, Minnesota, in 1967. In 1993, he was admitted to the bar after gaining his B.A. in 1989 and his J.D. in 1992 at Drake University in Des Moines. He practices with Kathleen J. Beebout and they are co-owners of Olson & Beebout, P.C. He primarily does plaintiff personal injury cases. He was mentored early in his career by the Hon. Dick R. Schlegel

for whom he clerked at the Iowa Court of Appeals in 1992-93. He counts the judge among his close confidants and advisers. He gained experience and confidence through the mock trial programs from 1990-94, first as a participant on the national champion team in 1989 and then as a coach of a national championship team in 1993. He found those experiences "...taught me the value of respecting other's talents, while striving to develop my own," he has said. He was cited for his service with the outstanding Coach Award in 1993 and received the Chief Justice W.W. Reynoldson Award the same year. In 1999, he was inducted into the Judges Hall of Fame for mock trial work. He soon became "hyper active" in his service, this time to The Iowa State Bar Association, serving on its Board of Governors (1996-1999) and as president of its YLD in 1998-99. For that job he was cited by the ABA YLD with its Outstanding Affiliate Award. He served on the American Bar Association's Presidential Appointments Committee; Standing Committee on Membership; ABA Day Planning Committee; and Litigation, Tort and Insurance



IOWA LAWYER September 2002

Practice; and Law Practice Management Sections. This is his third chair with the ABA YLD, going through two to attain the current post. He is a member of the Association of Trial Lawyers of America and the Iowa Trial Lawyers Association, National Order of Barristers and Blackstone Inn of Court. He and his wife of 13 years Carla, whose business offices on the second floor of his business on Ingersoll Avenue, have two sons, Derek A., 3 and Logan E., 1. He has done much more, but these are the highlights.

How do peers see where he is going?

Alan has always valued the opinions and talents of others. As his career and his service have grown and expanded, he has worked diligently to include his closest associates in his life's work. Cedar Rapids Attorney Tim Semelroth, now president of the ISBA YLD, said that, "...ever since he arrived as a freshman at Drake University, this state's lawyers and judges have provided him with guidance, advice and mentorship. Because of that experience, Al equates being a good lawyer with a willingness to serve others. "The reason why Al is beloved in the American Bar Association is because he contributes as much energy and enthusiasm in committee meetings as he does in hospitality suites," Tim said. "As a leader, he makes sure that we get things done and have fun in the process." Paul Ahlers, immediate past president of the Iowa YLD and who practices in Webster City, put it this way: "He has definitely put Iowa on the map at the ABA. I have been truly amazed at how much respect all of the Iowa delegates get at the national meetings. "The Iowa leaders within the ABA often get mentioned in the same breath as the folks from Florida, Texas and the other big bar leadership states. When you compare Iowa's

size with those other states, it is quite an achievement for Iowa to have as much say in things as it does. "I can't speak for what things were like ... before Alan's involvement ...but I strongly suspect that there was a `Where's Iowa' attitude that most certainly does not exist now," Ahlers said. YLD 2002 Award of Merit winner Patricia Notch, an assistant Warren County attorney, who for a long time has been an Iowa YLD activist, said, "...I am filled with the utmost pride, respect and admiration for what my friend has achieved." She noted she has heard many Iowa lawyers commenting that Alan's success will bring much to this state. "...I know it is not fame and public accolade that Alan has set out for in his legal career. ...What Al set out to achieve...was much more simple: to be the best, most effective, ethical and honorable person and lawyer that he can be. Al is not about politics and ladder climbing. He isn't about impression management, and he isn't about false sincerity. He is about people, and respect, and caring and goodness. "His reputation as an attorney is impeccable. He is well respected by colleagues and adversaries alike. You can trust that when Al tells you he will do something, you can consider it done," she said. "...he became a lawyer because he cares about people." Aaron Oliver, a Des Moines attorney who will follow Semelroth as Iowa YLD president, said, "(Alan) brings an unparalleled enthusiasm to bar association activities and is genuinely dedicated to both public service and improving the legal profession." Aaron noted that as Iowa's YLD president, Alan "...was one of the best ... because he had a clear vision, he energized young lawyers to become involved, and he always accomplished his goals." "Alan is not a person to become involved in bar association activities simply to add to his resume," Oliver nailed down Olson's motive when he added, "he became involved because

he truly believes that such activities and public service are important parts of what it means to be a lawyer. This is clearly evident by the fact that he has accepted the awesome responsibility of being national YLD chair while also maintaining a family life and a legal practice in a twoperson law firm."


IOWA LAWYER September 2002 7


Ann Laquer Estin, who is employed by the University of Iowa, has applied for admission on motion to the Iowa Bar. Anyone with questions or comments should contact Keith Richardson, clerk of the Iowa Supreme Court, at 515-281-5911, or write to Office of the Iowa Supreme Court Clerk, Statehouse, Room G-03, Des Moines IA 50319.


Thank you very much for granting the National Judicial Education Program (NJEP) permission to use two articles from The Iowa Lawyer. NJEP does curriculum development and training across the country for judges, prosecutors and other justice system professionals on issues related to sexual assault. We had the pleasure of presenting our Understanding Sexual Violence curriculum to Iowa judges in April 2001. In presenting the program, we worked closely with Jerry Beatty, your Director of Judicial Education, and a group of Iowa judges who acted as faculty for our program. One of the most interesting portions of our program is the judges' discussion about how they can apply the knowledge they gained in their role as community leaders. Judges operate under stringent ethical constraints and must be careful that what they do outside the courtroom does not raise issues of bias or impropriety. It is in this context that Mr. Beatty and the Iowa judges provided us with the two articles from the August, 1996 volume of The Iowa Lawyer: Justice Cady's article, Domestic Violence Creates an Important New Role for Judges and Lawyers, and Jennifer Juhler's article, Community Domestic Violence Coalitions: A Resource for the Legal System. We gave these articles to the Iowa judges and they provided the framework for a fascinating discussion about judges' involvement in the community. In preparing for the Iowa program, we also talked with Jennifer Juhler, the Domestic Abuse Intervention Coordinator for the Iowa Judicial Department, who explained how the Iowa Supreme Court had appointed judges to attend domestic violence coalitions across the state. We at NJEP were so impressed with the work you have done in Iowa on the issue of judicial participation in community activities to improve the legal system that we have incorporated a discussion of the Iowa model into our presentations across the country. We have discussed your program at a National Association of State Judicial Educators' Conference and the Colorado Organization for Victim Assistance's Annual Conference, among others. We will also be using the material again when Lynn Hecht Schafran, the NJEP Director, and I present at the California Coalition Against Sexual Assault's Annual Leadership Conference. In our presentation, entitled Confronting the Problem of Sexual Assault: The Judge's Role Inside and Outside the Courtroom, Ms. Schafran and I will discuss what you have done in Iowa as an example of a state that has addressed the judges' role in the community in a way that seeks to improve the legal system and its treatment of these vulnerable victims, while also protecting defendants' rights and maintaining the integrity and impartiality of the judiciary. One of the most rewarding parts of the work we do is traveling around the country and hearing about the creative ways in which other jurisdictions deal with these difficult issues. We applaud the work you have done in Iowa and appreciate your willingness to share your materials with others who can benefit from what you have accomplished. Sincerely, Claudia J. Bayliff Project Attorney


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Sixth Judicial District Judge Lynne Brady died at home Thursday, July 4, 2002. Lynne died of complications from brain cancer. President-elect Kevin Collins observed in informing colleagues of her passing that, "Lynne was a unique individual who earned the respect and admiration of everyone she encountered. "Professionally Lynne was the first woman to receive the Iowa Judges Association Award of Merit which was conferred in August 2001. The award is the highest given by the association in recognition of outstanding dedication and contributions to the judiciary. "Lynne was Iowa's first female district associate judge, the Sixth District's first female district court judge and the first woman president of the Iowa Judges Association. "She was in the first class at the Iowa Institute for Public Leadership. She was one of the first four district court judges to serve as the Linn County Administrative Judge when the court was reorganized in 1997. Lynne was instrumental in establishing and supporting the Sixth Judicial District's family law mediation program. "She accomplished a number of other `firsts' including graduating first in her class from Drake University Law School." Cedar Rapids attorney Mona Knoll, a close friend of Judge Brady, delivered this eulogy at Lynne's funeral July 8 ­ "I first met Lynne Brady in 1980 when I was a very green assistant county attorney prosecuting misdemeanors and she was district associate judge in the First Avenue court where she had been for a number of years. This court was called `The Zoo' by some people because all the assistants were in one office which was almost constantly chaotic and the judges were just down the hall. "The jail brought prisoners over twice a day and they jockeyed between two court rooms. Defense attorneys were in and out all day. It looked and sounded like a big, unorganized mess but it was a great training field for me. One of the biggest reasons I learned so much there was Judge into a man's world as best we could, you know, wear suits, go to Bar luncheons and spread out so they would think there were more of us than there really were, don't make too many waves. A few were more assertive or more individual and they took a beating for it. "Lynne Brady did it her way, believing that her intelligence and her competence were what mattered; refusing to blend in and SHE took a beating for it. She tried several times to move to a District Judge spot and was disappointed over and over. Her confrontational style, her refusal to pretend she was something she was not, caused some folks to think she was just not cut out for the bench. This confused almost everyone who worked with her, as she was such a good judge! I saw her in despair. She almost gave up. She kept on trying, however, and was finally appointed to the District Court bench where she has served so honorably and helped to pave the way for others. "I have friends who have become judges. Lynne Brady was a judge who became my friend. It is not easy to be a lawyer with a friend who is a judge. It is even harder, I think for the judge. They have to be so careful to be fair. They can't show bias. It's funny but I never worried about this with Lynne. "She handed me what was probably the most emotional loss I ever had. I know she felt bad about it because of the victim in the case but she felt the law required her action. We were always able to be friends because we both knew the other would keep to the boundaries for judge and lawyer. You could count on her to do what she thought was right, no matter what. She was practical, down-to-earth, smart and had a wonderful sense of humor. "She is always going to be one of my role models. We have different styles. That's for sure. But she was such a good example of a woman who used the talents God gave her and expected others to do the same. It was a pleasure; it was fun to know her. It was a privilege. I will miss her and I will not forget her."

Brady. As those of you know her can guess, she never hesitated about telling me what I could do better, what I could do differently, what would be proper and what would be better practice of law. "She was great in the court room. She was always in control as a judge should be. She knew the law and the rules and expected both to be followed. If a lawyer or defendant stepped outside either, she reined them in. She had a really good memory. Defendants feared showing up in her courtroom more than once. She could spot a bluff by attorney or client from a long distance. She didn't hold a grudge though. She kept giving lawyers a chance to come in and do it right. She was really fair to everyone who appeared before her. "Those of us who spent all day, everyday, within a short distance of her chambers will never forget the public address system on First Avenue. How many times I heard, "Will Mona Knoll please report to Judge Brady's chambers; will Mona Knoll please report to Judge Brady's chambers!" I got a little tired of it some days. You were always on the spot! But that was a good education - always being ready, always being accountable, thinking on your feet. "Judge Brady was her own person. She was the only woman judge and one of a very few women attorneys in Linn County when I began to practice. There were so few we could all get together for lunch or at someone's home. Most of us tried to fit


IOWA LAWYER September 2002 9


Iowa Title Guaranty's year breaks record

By Dennis Dietz, Director Iowa Title Guaranty Division, Iowa Finance Authority

It has been a record-breaking year for the Title Guaranty Division of the Iowa Finance Authority. For the fiscal year ending June 30, 2002, the Division had gross premium revenues of more than $5.25 million ­ eclipsing the previous record of $4.38 million in FY `99. Records aside, the Division has experienced a steady growth in revenue since its inception. One mission of the Division is to support ­ with surplus funds not required for TGD operations ­ IFA's housing programs. This mission has been accomplished many times over. From the first transfer of funds from TGD to IFA in 1988 through the last fiscal year, the Division has contributed nearly $25 million toward the advancement of housing in Iowa. Close to half that amount ­ more than $10 million ­ was generated in the last four fiscal years (FY `99 - FY `02). adding three staff positions ­ an attorney and two staff people to focus on training and compliance services. The addition of an attorney to the TGD underwriting department - which currently only has one (extremely hardworking!) attorney - will help improve customer service and resolve underwriting issues more quickly and efficiently. The strategic plan calls for further expansion of the underwriting department in the future. The other two new staff people will join the TGD Deputy Director and Marketing Manager to form a team whose focus will be enhanced customer services and marketing efforts. This team will work to increase awareness about TGD, provide training to people doing business with TGD and monitor programs for compliance with TGD standards. The strategic plan calls for further expansion of this team in the future as well. The Division is also moving forward with fielding a web-based program for those high volume producers to use in preparing Title Guaranty certificates. This program will also include an automatic clearing house (ACH) function so the premium will be paid electronically. The program allows the issuing attorney to log in to the Division's secure website, enter the required information, push "print" ­ which also sends an "electronic" check ­ and give the printed Title Guaranty Certificate to the client. The issuance of the guarantee is essentially paperless between the issuing agent and TGD. Final testing of this program is underway ­ watch for an announcement of its release. The Division has other tools available for customers on its website. You can use these tools by visiting and proceeding to the "Internet Applications" section of the web site. From there, you can search for prior certificates, calculate premiums, do an audit of your certificate jackets or prepare certificates. The Certificate Search function lets you search for a previously issued certificate. If a mortgage loan is being refinanced and a

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Affordable housing opportunities in Iowa would just not be the same without the support TGD provides. Surplus TGD revenues provide essentially an "unrestricted" source of funds. They are required to be used in IFA's housing programs, but the Authority has considerable discretion and flexibility in determining how they are used. For example, surplus TGD revenues are used by IFA's FirstHome Plus program to provide down payment and closing cost assistance to qualified first-time homebuyers. The cash needed for a down payment and closing costs is often what keeps young Iowa families from being able to buy their own home. TGD has helped make the dream of homeownership a reality for these families. To build on its success, TGD has developed a strategic plan for the next three to five years. Phase One of the plan is being implemented this fiscal year and includes

IOWA LAWYER September 2002


borrower has already paid for a certificate on the prior transaction, the next certificate premium is discounted. You can search for a previously issued certificate by entering the borrower name, the property address, or the legal description. The Premium Calculation module is used to determine the TGD premium for coverage of the lender or owner, or both. This web function is used simply by answering questions related to coverage requirements. You can also print a premium charge summary sheet for each transaction. Attorneys who issue certificates can track the jackets assigned to them and meet their audit requirements. These Internet

CAU capabilities allow the attorney TION CAU to work with the Division in an TION CAU efficient manner. TION Your support of the Title Guaranty LIEN PRIO Division has made possible the RITY OPE N EN CLA IMS D LO Division's growth, its strategic and ANS Payi & LIN ng a technological improvements and ES O dow n op F CR n en e EDIT the advancement of affordable n relea to zero does d loan o se th r line not r e mo housing opportunities in Iowa. eq rtgag o e or uire the f credit Your continued support is clos e the lender to acco essential for the Division's future unt! · FO Whe LLO success. Be assured that the n co WU nd P· MAK E SU ucting r staff of TGD will continue e RE T HE P al estate working hard to be responsive RI cl IS R ELE OR MOR osings, ASE TGA to the changes taking place D GE THE AND in the title and real estate CRE DIT A industry. CCO U NT IS CLO SED !

Iowa Title Guara nty

Drake names Opperman Scholars

Five first-year Drake University Law School students have been awarded the school's highest scholarship. Iowans Wendy Cooper of Letts; Matthew Eslick of Dayton; Erik Fisk of Des Moines; and Kurt Van Thomme of Ankeny; and William Even of Humboldt, South Dakota, are the latest Opperman Scholars. Five entering students annually are awarded full-tuition and fees scholarships for three years. The Opperman Scholar program is named for its benefactor, Dwight D. Opperman, a 1952 graduate of the law school. The program was established to attract high-caliber students who have distinguished themselves through their scholarship. Recipients are chosen on the basis of superior academic performance, outstanding law school entrance exam scores and personal achievements. The Drake Law School has 395 students enrolled from 35 states and seven countries.


"Tapping the Democratic Potential of American Life"

Wednesday, October 9, 2002 FAMILY LAW CLE October, 2002 · (Date TBA) Co-sponsored by the Iowa State Bar Association AGRICULTURAL LAW SEMINAR Friday, November 15, 2002 GENERAL PRACTICE REVIEW Thursday, December 12 & Friday, December 13, 2002 REAL ESTATE TRANSACTIONS Friday, March 7, 2003


Drake University Law School · Des Moines, Iowa

For further information

800.813.3669 (Iowa) · 515.271.2824 (outside Iowa)


IOWA LAWYER September 2002 11


Internet users can find participating attorneys in a flash --

Lawyer Referral Service available 24 hours a day on Web!

The ISBA Lawyer Referral Service has expanded its service on the Internet with a new, always available listing of participating attorneys. All that a potential client needs to do is sign-in on the ISBA website to find a participating attorney. Web listings now include all participating lawyers' short biographies, photographs, educational background, fields of practice and Mary Hill, who directs ISBA a link to each lawyer's Lawyer Referral Service, says the new Internet listing own website. service makes it possible for Geographical criteria anyone anywhere who is can be searched by looking for an Iowa lawyer county and city. Name to find one who participates searches and areas of in the Bar program any time of the day or night, any day practice searches also of the year. are enabled. Pages listing participating lawyers state that each attorney is listed under the officially sanctioned Iowa State Bar Service. If a New York resident wants to find a lawyer in Des Moines, for example, and wants that lawyer to handle an estate matter, the online user can find all lawyers who have signed up for the service with the Bar and listed estate matters as an area of practice. The service is guaranteed to please persons looking for legal help because it will respond to their queries in nothing flat. Mary Hill, who has been directing the Bar's lawyer referral efforts for better than two decades, will administer the new cyberspace endeavor. She is quick to stress that the same telephone and e-mail services already available to the public will continue, but because both require her personal attention, they are available only during her office's telephone hours ­ 8:30 a.m. to 4 p.m. weekdays. Mary's office receives 15,000 calls annually. The new Internet listing service is available all hours of the week including holidays. Participating lawyers pay $100 annually and they automatically are included in the new web service, as well as the traditional phone and seasoned e-mail services.

Look over the new Online Lawyer Referral Service at

Lawyer Referral Service Yellow Page advertising and brochures available at courthouses inform the public of the service. The Internet listing broadens the possibility of clientele finding the services of an Iowa lawyer from anywhere in the world. The service has changed its fee schedule and that has resulted in the end of the paperwork-intensive reporting system. The $25 "per referral charge" remains, but the $8 "rebate charge" and "percentage per case" have been discontinued. Interested attorneys may download the service's membership application on the Bar's website. Mary Hill also can assist enrollment. She is at 515-243-3179 or 800-457-3729. E-mail her at [email protected]

Title Guaranty



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.


(Have you told your client this?)



IOWA LAWYER September 2002


Avoid ethics violations -

Deposit advance fee payments in client trust accounts

By R. Bruce Haupert*

Four years ago the Iowa Supreme Court made it very clear that advance fee payments must be deposited in trust accounts but the number of Iowa attorneys who fail to follow the court's instructions in "Apland" is not diminishing. Iowa lawyers must deposit all advance fee payments into their client trust account without exception. In Iowa Supreme Ct Bd. of Professional Ethics & Conduct v. Apland, 577 N.W.2d 50 (Iowa 1998), the court endorsed the rule. The attorney in the Apland case was given a public reprimand for failing to deposit a client's advance payment for representation in an OWI defense into a trust account, in violation of DR 9102(A)(lawyer shall place client's funds in client trust account). Despite the fact the opinion was issued in 1998, attorneys continue to fail to heed the Court's warning that subsequent violations would be dealt with more harshly and they continue to commit violations for placing advance fees into the general firm account rather than client trust accounts. approach, requiring lawyers to deposit all advance fee payments in a client trust account. The only exception is a "general retainer," which the Court explains is a fee paid, on a regular and continuing basis, to ensure an attorney's availability. The Court held the fee paid in Apland was not a general retainer but rather a "special retainer," which covers payment of funds for a specific service. When the attorney receives a special retainer before performing the contemplated services, it is an "advance fee payment." With this type of fee, the attorney depletes the prepayment only after he or she renders the services. The Court also discusses "flat fees" which are fees that encompass all work to be done, whether long and complicated or short and simple. The Court saw the flat fee as just another advance fee payment and, therefore, a payment that must be deposited in a client trust account. Requiring that attorneys place advance fee payments in client trust accounts is not a rule to be taken lightly. Besides avoiding disciplinary action, the Court argues that attorneys who follow this rule will reduce their chances of getting into disputes with clients over the return of unearned portions of advance fees. By keeping client funds separate, the attorney will not be likely to misappropriate the funds and spend them before performing the work; the attorney's creditors will be unable to reach the client's funds; and the client will be better able to dispute a fee where the money is already in the lawyer's hands. So, deposit your advance payments into your client trust account, bill against the funds only after services are rendered, and eliminate another potential problem in your practice.

* R. Bruce Haupert, a principle at Leff, Haupert, Traw & Willman, L.L.P. of Iowa City, sits on the Board of Professional Ethics and Conduct

Dillard named to Sixth Judicial District Court

Denver D. Dillard of Mount Vernon has been appointed to the bench in the Sixth Judicial District. Gov. Tom Vilsack said, "Mr. Dillard shows an impressive knowledge of criminal and government law. His many years of experience and outstanding credentials lead us to believe he will be both fair and effective in his role as a Sixth Judicial District Court judge." For the past 20 years, Dillard was Linn County attorney and was active in The Iowa State Bar Association, the Iowa Supreme Court Grievance Commission, the Iowa County Attorneys Association and the National District Attorneys Association. "I am confident in my ability to serve as a Sixth Judicial District Court judge," Dillard said. "I look forward to the challenges of this position, working with the citizens of Benton, Iowa, Johnson, Jones, Linn, and Tama counties." Dillard has a bachelor's degree from the University of South Dakota at Vermillion and received his law degree from the University of Iowa College of Law. Dillard served as president and vice-president of the Mount VernonLisbon Rotary, was a member of the Mount Vernon Community Schools Economic Efficiency Task Force and is currently an advisory board member for St. Luke's Child Protection Center.

"Requiring that attorneys place advance fee payments in client trust accounts is not a rule to be taken lightly."

There is sometimes confusion as to which types of advance fee payments must be placed in client trust accounts. The Court in Apland resolves this confusion by first discussing the different types of advance payments and then adopting what the Court calls a "safe harbor"

David J. Blair, ESQ.

Cherokee, Iowa




IOWA LAWYER September 2002 13

Administrators again ready to assist solos, small firms

The ISBA-affiliated Iowa Association of Legal Administrators has renewed its offer to provide free consulting services to solo and small firms of 15 or fewer members on their administrative problems. As the organization did last year, it has arranged for volunteers in facilities, financial, computer systems and software, and human resources who are willing to talk on the phone with members of the ISBA who need professional advice. The free consultations should take no longer than 15 minutes, but the short duration of that conversation is believed to be sufficient to help practitioners solve their problems. The same caveats apply - neither the IALA nor the ISBA assume any liability for damages or losses of any kind as a result of advice rendered. Here is the updated list of professional administrators willing to lend a hand.

Iowa Association of Legal Administrators

Contact Listing for The Iowa State Bar Association General Management: Sandra Dodson Bradshaw, Fowler, Proctor & Fairgrave, P.C. 801 Grand Ave. Suite 3700 Des Moines, IA 50309-2727 Phone# (515) 243-4191 Email: [email protected] Kim Yesis Heidman, Redmond, Fredregill, Patterson, Plaza & Dykstra, LLP 701 Pierce Street Suite 200 Sioux City, IA 51102-3086 Phone # (712)255-8838 Email: [email protected] Larry Harris Lane and Waterman 220 N. Main Street Suite 600 Davenport, IA 52801 Phone # (319)333-6600 Email: [email protected] Facilities: Allison Renaud Dickinson, Mackaman, Tyler and Hagen, P.C. 1600 Hub Tower 699 Walnut Street Des Moines, IA 50309 Phone # (515)244-2600 Email: [email protected] Rick Hill Meadon, Sueppel and Downer, P.L.C. 122 South Linn Street Iowa City, IA 52240 Phone # (319)339-9319 Email: [email protected] Audrey Haught Phelan, Tucker, Mullen, Walker, Tucker and Gelman, L.L.P. 321 E. Market Street P.O. Box 2150 Iowa City, IA 52244 Phone # (319) 354-1104 Email: [email protected] Financial: Tim Severson Brown, Winick, Graves, Gross, Baskerville and Schoenebaum, P.L.C. 666 Grand Avenue Suite 2000 Des Moines, IA 50309-2510 Phone # (515)242-2466 Email: [email protected] Lisa Ellis Belin Lamson McCormick Zumbach Flynn 666 Walnut Street Suite 2000 Des Moines, IA 50309-3989 Phone # (515) 283-4611 Email: [email protected] John McCune McKee, Voorhees and Sease, P.C. 801 Grand Avenue Suite 3200 Des Moines, IA 50309 Phone # (515) 288-3667 Email: [email protected] Systems (Computer Hardware/Software): Tim Severson Brown, Winick, Graves, Gross, Baskerville and Schoenebaum, P.L.C. 666 Grand Avenue Suite 2000 Des Moines, IA 50309-2510 Phone # (515) 242-2466 Email: [email protected] Sheila Baker Crary, Huff, Inkster, Sheehan, Ringgenberg, Hartnett, Storm and Jensen, P.C. 614 Pierce Street P.O. Box 27 Sioux City, IA 51102 Phone # (712) 277-4561 Email: [email protected] Grace Sparling Elderkin and Pirnie. P.L.C. 115 1st Avenue, S.E. P.O. Box 1968 Cedar Rapids, IA 52406-1968 , Phone # (319)362-2137 Email: [email protected] Human Resources/ Employee Relations: Donna Neuzil Nyemaster, Goode, Voigts, West, Hansell & O'Brien, P.C. 700 Walnut Street Suite 1600 Des Moines, IA 50309-3899 Phone # (515)283-8010 Email: [email protected]


Alan D. Ryerson


Gregory L. Weber



Mergers & Acquisitions Valuations Corporate Finance

666 Walnut Street, Suite 1508 Des Moines, Iowa 50309-3914 515-282-8019 v FAX 515-282-0325 [email protected] [email protected]

Jerri Wilson Belin Lamson McCormick Zumbach Flynn 666 Walnut Street Suite 2000 Des Moines, IA 50309-3989 Phone # (515)243-7100 Email: [email protected] Judy Forbes Brown, Winick, Graves, Gross, Baskerville and Schoenebaum, PLC 666 Grand Avenue Suite 2000 Des Moines, IA 50309-2510 Phone # (515) 242-2422 Email: [email protected]





IOWA LAWYER September 2002


A plea for attorney vigilance -

We must preserve our hallowed past

By Alison Werner Smith*

Justice Leon W. Powers served on the Iowa Supreme Court from 1934 to 1936. Justice Powers would later SO sit as a judge at the C I ATI Nuremberg trials, and he heard the longest of the cases, U.S. v. von Weizsaecker. Known as the Ministries trial, it lasted 17 months. There were 21 defendants, 34 prosecution lawyers, 68 defense lawyers, 28,813 pages of transcript, more than 3,200 prosecution exhibits, more than 4,800 defense exhibits, and 339 witnesses. Upon Justice Powers' death in 1959, his legal memoirs and correspondence sat idle in a box. Several years ago, upon finding no suitable facility or legal avenue to pass on Justice Powers' papers, they were either burned or trucked to a landfill.



"A tragic loss such as this need not become commonplace."

A tragic loss such as this need not become commonplace. This example painfully illustrates the need for the bar to be ever vigilant in its conservation of legal heritage. The ISBA Legal Heritage Committee is coming to the rescue with a new initiative to conserve and preserve legal history. As the population of the Iowa Bar continues to age, valuable legal history is disappearing more rapidly than we realize. The committee wants attorneys, law firms and the public to donate materials pertinent to the legal heritage of Iowa, so

that they can be preserved, archived for use by the Bar and historians for many years to come. The committee will work with the Iowa Historical Society to ensure that the materials are preserved correctly. Another facet of this project includes the collection of oral histories from Iowa's emeritus members of the Bar. While this stage of the project is under research and development, the committee is building a list of names of persons who ought to be contacted for an interview. Volunteers will be needed to conduct and transcribe the interviews. The committee is depending on continued Bar support in realizing its goal of making Iowa's legal history tangible and accessible. Persons interested in participating in the project are encouraged to contact committee members Harold N. Schneebeck at [email protected], or Alison Werner Smith at [email protected] Please help protect the artifacts and stories of our irreplaceable past and preserve our legal heritage from the ravages of time.

"The ISBA Legal Heritage Committee is coming to the rescue with a new initiative to conserve and preserve our legal history."

*Alison Werner Smith (J.D., Iowa 1998) is a judicial clerk for the Iowa Court of Appeals and has clerked for the Polk County District Court. She is on the ISBA Legal Heritage Committee and the YLD State Fair Committee, and is treasurer of the Polk County Women's Bar Association and is a member of the C. Edwin Moore Inns of Court.






IOWA LAWYER September 2002 15




Joe Holland honored by ABA section

The citation cited Joe's productive year as president of the ISBA, his extensive work as an officer, committee and council member, and membership on the Board of Governors. "Mr. Holland was instrumental in the organization of the (ISBA's) fall conference and has participated as a speaker at the (Bar's) Traveling Seminar. He also served as a speaker and moderator at the Midwest Solo and Small Firm Success Conference," the citation read in part. He also was singled out for his participation in the evaluation and selection of the ISBA's new Lexis-enabled IowaCiteTM legal research product. "As a strong leader, Mr. Holland has played an important role in ensuring that general practitioners in Iowa have a voice in issues relating to proposed court reorganization and access to the judicial system," the award said.





In the interest of encouraging law students to stay in Iowa to practice law ­ as well as help Iowa employers attract the best and brightest from Drake University Law School ­ the Membership Committee of the Young Lawyers Division of The Iowa State Bar Association, in conjunction with the Career Services Office at Drake Law School, are hosting the Drake Law Banquet on September 5, 2002. The event is at the Hotel Savery in Des Moines and begins at 4:00 p.m. with panelists discussing the different career opportunities available and the quality of life and work issues in Iowa. The panelist discussion is followed by a cash bar reception and recruiting hour from 5:30 to 6:30. The evening culminates with a dinner at which Alan Olson, President of the ABA Young Lawyers Division, will give the keynote address. The event will be funded by selling dinner tables to law firms. Each firm will be able to invite up to 5 attorneys from their firm and will host up to 5 students at their table. This allows law firms to be introduced to the students while the law firms can learn how students decide where to practice law and what would keep them in Iowa to practice law after graduation. To reserve a table please contact Beth Grob at [email protected], 515-246-0305, Danielle Jess at [email protected], 515-246-0374, or Kathryn Overberg at [email protected], 515-283-3123.

Immediate Past President Joe Holland was honored at the American Bar Association's national convention last month for his contributions as a bar leader who has made significant contributions while serving as an officer of a small firm. Joe, who partners with Lars Anderson at Holland & Anderson, L.L.P. in Iowa City, was presented the ABA General Practice, Solo and Small Firm Section's GP Link Committee Bar Leader Award.

Law schools see jump in applications

The State Bar of Michigan Members' Newsletter last month noted that, "An article in USA Today said that law school applications are up dramatically in the biggest rise in at least two decades, and business schools and other graduate programs are also seeing an increase as students decide to stay in class rather than take their chances in a shaky job market. "According to the article, the Law School Admission Council states that law school applications are up 17.9 percent for 2002-03, the biggest spike in more than 20 years."


Patrick W. O'Bryan · O'BRYAN LAW FIRM

[email protected] STATE OR FEDERAL 300 Walnut Street, Suite 125, Des Moines, Iowa 50309 Phone: 515-283-8399 · Fax: 515-283-2670 LAW DEGREE DRAKE U. 1976 UMKC MASTER OF LAW DEGREE 1979 Former Law Clerk: Justice Harris 1977-1978 Former Director Appellate Screening Supreme Court of Iowa `85-`92



IOWA LAWYER September 2002

YLD's Law Day observances make kids feel safer

Third graders across Iowa this year were targeted by the ISBA's Young Lawyers Division-sponsored Law Day program designed to make them feel welcome in school while enhancing their safety. "Welcome to School: Helping Kids Belong," conducted by representatives from each judicial district statewide, was part of the national theme of the 2002 celebration, "Celebrate Your FreedomAssuring Equal Justice for All." Iowa's young lawyers conducted three one-hour presentations designed to help make elementary schools safe and welcoming to students in the face of recent school violence and to tap the vision and energy of lawyers interested in helping to create such positive school environments. In the late 1950s, the American Bar Association instituted May 1 as Law Day to draw attention to both the principles and practice of law and justice. President Dwight D. Eisenhower established Law Day by proclamation in 1958. Law Day provides an opportunity for everyone to reflect on our legal heritage, on the role of law, and on the rights and duties which are the foundation of peace and prosperity for all. Each year the ABA selects a theme for Law Day. Each year the ISBA Young Lawyers Division sponsors a statewide Law Day Project. Third graders were selected because the age group is a strong social benchmark for many students. Third-graders like to know and understand the rules and ideas that order their world. They enjoy thinking, talking about and solving social issues. Most important at this age is the emergence of the idea of "community." For many children of this age, the concepts of truth, right, wrong and especially fairness that were once abstract, now find "real world" context in the social life and challenges of a classroom, groups, team games, home, and community life. In Sioux City, attorneys and judges presented their second annual "Law School 101" on April 18, held from 6 p.m.- 9:30 p.m. at the Woodbury County Courthouse. The legal professionals participated by teaching 45-minute mini courses on subjects ranging from family law to how courts are organized in Iowa. The turnout was fantastic with 120 student-guests in attendance ­ twice the number from last year.

SIOUX CITY'S three-part program was presented at Whittier Elementary School on May 3, 10, and 17 by Rosanne Lienhard, an at-large YLD representative.

Law Day Chronology

1957 · American Bar Association (ABA) president Charles S. Rhyne, a Washington,

D.C., attorney, envisions a special day for celebrating our legal system.







1958 · President Dwight D. Eisenhower establishes Law Day U.S.A. to strengthen our

great heritage of liberty, justice, and equality under law.

1961 · May 1 is designated by joint resolution of Congress as the official date for

celebrating Law Day U.S.A

Every Year · May 1 remains the official date, but Law Day often becomes Law Week

(or Weeks!) as national organizations, state and local bar associations, businesses, and schools, conduct thousands of programs on the rule of law in a constitutional democracy.

The Young Lawyers Division News is published bimonthly. Material for publication and suggestions as to content are welcome. They should be sent to Rosanne Lienhard, Woodbury County Courthouse, 620 Douglas St., 6th Floor, Sioux City, Iowa 51101-1249; phone (712) 279-6565 or email [email protected] 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.


IOWA LAWYER September 2002 17


Carlton, Archer ABA's new national leaders

Alfred P. Carlton, Jr., of Raleigh, N.C., a partner with the international law firm Kilpatrick Stockton LLP, became president of the American Bar Association at the close of the ABA Annual Meeting in Washington, D.C., last month. At the same gathering, former Detroit Mayor Dennis W. Archer was voted president-elect of the ABA, becoming the first African American to hold the position. He becomes president at the association's annual meeting in San Francisco next year. Carlton has a long career in general corporate law with an emphasis on regulated industries, corporate and public finance, and financial and nonprofit institutions. He received his Bachelor of Science degree from the University of North Carolina at Chapel Hill in 1969, his master of public administration from the University of Dayton in 1973, and his Juris Doctor from the University of North Carolina School of Law in 1975. He was chair of the policy-making House of Delegates, from 1996 to 1998 and served as chair of the ABA Standing Committee on Judicial Independence. President-elect Archer served two four-year terms as mayor of Detroit from 1994 to 2001, and, during his last year as mayor, was president of the National League of Cities. After leaving the mayor's office, Archer was elected chairman of Dickinson Wright PLLC, a 200-person Detroit-based law firm with offices in Michigan and Washington, D.C. In 1985, Archer was appointed an associate justice of the Michigan Supreme Court. He was elected to an eight-year term the following year. He was president of the Wolverine Bar Association in 1979-80, the National Bar Association in 1983-84, and the State Bar of Michigan in 1984-85.



Larry McLellan

Board Certified Mediation by the American Academy of ADR Attorneys

Do IRS address changes affect you?

The Internal Revenue Service said in mid-August it is reassigning workloads at its processing centers which could mean some taxpayers will file their tax returns with different centers than last year. The IRS centers for Iowa1040 returns for tax year 2002 are ­

s s

Robert M. Holliday

Member of the American Academy of ADR Attorneys

Harlan (Bud) Hockenberg Lawrence F. Scalise J. D. Hartung

Conducting Mediations & Arbitration in the following areas: · Attorney Fee Disputes · Business and Corporate · Construction · Employment · Environmental · Family Law · Government Contracts · Insurance Coverage Claims · Personal Injury · Probate · Toxic Torts (Asbestos) · Wrongful Death

If your client lives in Iowa and you are not enclosing a payment, use Internal Revenue Service, Kansas City, MO 64999-0002 If you are enclosing a payment, use Internal Revenue Service, P.O. Box 970011, St. Louis, MO 63197-0011

Those who file paper returns will find the new center addresses on the return envelopes in their tax packages which, typically, are sent to taxpayers around the first of the year. The address change information was announced now to alert tax professionals that changes were being made, the IRS said. Taxpayers who file electronically ("e-file") will not be affected by the changes for paper returns. More than a third of all taxpayers e-file their federal tax returns.

General Assembly's site worth your browse

Lawyers have been delighted to find a treasure trove of facts and valuable artifacts hidden on the Internet at the Iowa General Assembly's website. It is a wealth of Iowa's living history in several forms. There are the expectable and the rare - like the full text of the governor's veto letters, bills signed into law, live audio when the legislature is in session and several post session publications. The most accurate collection of Iowa law, fiscal publications, educational information, coverage of controversial issues like state redistricting and the non-session work of legislators are found here. Plus much more. That list merely scratches the surface. The ISBA site,, is linked to the fully-searchable-by-keyword website.

(515) 244-3500

801 Grand Avenue, Suite 3500 Des Moines, IA 50309



IOWA LAWYER September 2002


Polk Legal Aid's Oberbillig praised on his retirement

By Hon. Robert Pratt, U.S. District Court for Southern District of Iowa

One cannot really get a good grasp of Bob Oberbillig as a lawyer and human being without reviewing the type of legal work he has done over the course of his career. The best way to view that is in the context of whom he has chosen to represent and whom he has selected as his clients. When I use the word "selected," I mean that in the sense that Bob's core values instinctively tell him that everyone should have access to a lawyer for civil matters as well as criminal proceedings if the law is ever to live up to full promise. When I started to work for him at Polk County Legal Aid, it was clear to me that Bob was convinced that within his lifetime the United States Supreme Court would recognize an individual's right to a lawyer in civil as well as criminal proceedings. of unethical conduct, people alleged to be mentally ill and challenging governmental procedures, consumers seeking remedies against aluminum siding sales representatives, people asserting first amendment freedoms in the context of large commercial power, homeless people seeking tax equity and fairness, and consumers seeking disclosure regarding contracts. It would not do justice to Bob's work without mentioning some real cases as opposed to just legal abstractions. Bob's clients are all very real to him and he cannot discuss legal concepts without realizing that the law impacts on real human beings. A couple of specifics will do. Until Mease v. Fox, there was no implied warranty of habitability regarding rental housing in Iowa. The case which emerged from Bob Oberbillig's Polk County Legal Aid Office convinced the Supreme Court of Iowa in 1972 that a landlord's alleged breach of implied warranty of habitability could be asserted by tenants as a defense and counterclaim. See 200 NW2nd 791 (Iowa 1972). It had both an immediate and long term impact of improving the condition of rental housing all over the state of Iowa. Equally illustrative of Bob's work is Thorp Credit v. Barr, 200 NW2nd 515, (Iowa 1972). In that case the Iowa Supreme Court held that a consumer's good could not be taken before judgment and the Iowa replevin statute was unconstitutional in that it deprived a consumer of the right to a hearing and notice before her goods were seized. This had the long

Bob Oberbillig

"Bob's clients are all very real to him and he cannot discuss legal concepts without realizing that the law impacts on real human beings."

A quick perusal of the reported cases in the state and federal court systems will give us a sample of Bob's clientele. People challenging the selective service system, people seeking to enforce their rights to welfare entitlement without regard to residency requirements, people seeking to establish minimum standards of habitability for rental housing, people who demand procedural due process before their wages are garnished and their consumer goods taken, people seeking unemployment benefits, lawyers accused

term impact of protecting many low income consumers from unlawful and illegal seizures of their personal property. It should probably go without saying that Bob's legal career is truly a tribute to the quotation from Anatole France "The law forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread." ­ Anatole France as quoted in Cournos, A Modern Plutarch (1928), p. 27. In Bob's view, the law has always been about human beings and their rights. I believe this short summary of the kinds of clients he has represented and continues to represent show that his life in the law has been truly "well-lived."


IOWA LAWYER September 2002 19


Donna J. Sorensen has started her own management consulting business, Sorensen Consulting, in Iowa City. She specializes in working with organizations Donna J. undergoing change or Sorensen transitions including mergers, acquisitions, downsizings and reorganizations. Donna also teaches organizational transformation at the University of Iowa Tippie College of Business.

Donna received her J.D. from the University of Iowa College of Law in 1981 and worked in the trust/investment management industry for 20 years, most recently as executive vice president and institutional trust manager for US Bank in Cedar Rapids. She is a director of Cedar Rapids Bank & Trust Company, Brucemore National Historic Trust, and St. Luke's Foundation all in Cedar Rapids.

Anne-Marie Risavy has joined the St. Louis, Missouri, office of Baker Sterchi Cowden & Rice LLC. Anne-Marie attended the University of Iowa Anne-Marie College of Law in 1997, and Risavy received her J.D. from St. Louis University in 1998. She clerked for the Sixth Judicial District in Cedar Rapids from 1998 to 1999.

Anne-Marie is a member of the Missouri, Illinois and Iowa Bars, and engages in primarily product liability defense and insurance coverage. She has been admitted to practice before the U.S. District Courts for the Southern District of Illinois and the Eastern District of Missouri, and is an active member of many organizations including the Defense Research Institute.

Richard M. Tucker has

been named a fellow of the American College of Trial Lawyers. The College was created over 50 years ago to recognize excellence in the practice of trial law.

Richard M. Tucker

Richard is a partner at Phelan, Tucker, Mullen, Walker, Tucker & Gelman, L.L.P. of Iowa City where he has practiced for 27 years. He is a graduate of the University of Iowa College of Law.

Jean Bartley has become of counsel at Meardon, Sueppel & Downer P.L.C. of Iowa City. David J. Bright has joined Meardon,

Sueppel & Downer P.L.C. as an associate.

Paid Advertisement

Michael A. Koury has joined the law firm of Bush, Motto, Creen & Koury, P.L.C. in Davenport, Iowa.

Michael received his Juris Doctorate with high distinction in 2000 from the University of Iowa College of Law. He received a Bachelor of Arts magna cum laude in 1997 from Luther College where he was elected to membership in Phi Beta Kappa.

Michael A. Koury

Davenport Attorney Martha L. Schaff, Estherville Attorney Ned A. Stockdale and Council Bluffs Attorney Kristopher K. Madsen have been named to membership in the Iowa Academy of Trial Lawyers. Formed in 1962, the Academy provides a forum for Iowa's top trial lawyers to exchange information and viewpoints on the aspects of trial and to promote professionalism. Membership, limited to 250 attorneys, is by invitation only.

Mackall, Crounse & Moore is pleased to announce that Brian L. Campbell

has joined the firm as a Member. Mr. Campbell practices in the firm's Litigation Practice Group in the areas of construction, employment, insurance, and a wide range of commercial litigation. Mr. Campbell is licensed to practice law in the states of Minnesota, Iowa, and Nebraska. He was previously a shareholder in the Des Moines, Iowa firm of Bradshaw, Fowler, Proctor & Fairgrave, P.C.

Michael had practiced with Faegre & Benson LLP in Minneapolis, Minnesota.

Dawn E. Mastalir, Tina M. Sabag-Hodne Andrew J. Bracken has

been elected to the Board of Directors of the Council of School Attorneys, an affiliate of the National School Boards Association. Andrew is a shareholder at Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., of Des Moines. He is a 1984 graduate of the University of Iowa where he earned the Bachelor of Science degree and a 1988 honor graduate of Drake University Law School.

Jill M. Altringer Andrew J. Bracken

and Kimberly K. Wolff became partners in Berenstein, Moore, Berenstein, Heffernan & Moeller, L.L.P. of Sioux City early this year.

Jill M. Altringer has joined Davis, Brown, Koehn, Shors & Roberts, P.C. as an associate.

Jill attended the University of Iowa, receiving a B.A. degree in 1998 in biology and a J.D. in 2001. She practices with the firm's Intellectual Property Department and is a member of the Iowa Intellectual Property Association.



IOWA LAWYER September 2002

Angelina M. Thomas has joined

Newbrough, Johnston, Brewer, Maddux & Howell, L.L.P. of Ames as an associate. Angelina graduated in 1999 with distinction from the University of Iowa College of Law. She was awarded the Bachelor of Science degree by Iowa State University in 1990. She was an assistant Story County attorney from 1996 to 2002 and an assistant Iowa attorney general in 1994-1996. She is president of the Story County Bar Association.

R. Allen Corzine has joined Kansas Advocacy & Protective Services (KAPS) in Topeka, Kansas.

He practiced 19 years in Iowa during which he was an assistant Woodbury and Muscatine County attorney and was associated with law firms in Sioux City and Marshalltown. He most recently operated his own law firm in Waterloo for 11 years. KAPS is a private, nonprofit corporation that provides legal services to protect the rights of Kansans with disabilities. Corzine is a 1982 graduate of Drake University Law School. He obtained his undergraduate degree at the University of Illinois in 1979.

Gretchen R. Jensen

Gretchen R. Jensen has joined Jeffrey L. Goodman, P.C., of West Des Moines as an attorney. She was an attorney with Pingel & Templer, P.C. , and prior to that was in private practice.

Thomas E. Barker, director of Drake

University Law School's Constitutional Law Center and who holds the James Madison Chair in Constitutional Law, has announced he is going to the College of Law at Florida International University, Miami, to become a founding faculty member. Drake Law Professor Russell Lovell will succeed Barker as acting director next year. A search for a successor is to be conducted later this year.

Gretchen attended the University of Iowa where she received a B.A. in 1995. She received her legal education at Drake University Law School, earning a J.D. with honors in 1998. She is admitted to practice before the U.S. District Court, Northern and Southern Districts of Iowa. She is a member of the Polk County, Iowa State and American Bar Associations, Labor and Employment Section of The Iowa State Bar Association, Iowa Trial Lawyers Association, and Association of Trial Lawyers of America.

Edward F. Noethe joined McGinn, McGinn, Jennings & Springer of Council Bluffs as a partner earlier this year. Edward's practice focuses in civil litigation.

He is a 1977 graduate of Iowa State University and a 1986 graduate of Creighton University law School. Edward formerly was associated with Sodoro, Daly & Sodoro of Omaha, Nebraska.

Michael J. Davenport

has been named general counsel of Rain and Hail Insurance Service, Inc., and its subsidiaries, which include Agri General Insurance Company.

Roger Carter of the Carter Law Firm, P.C.,

of Sioux City, has been awarded the master of laws degree in dispute resolution from the University of Missouri-Columbia. Fewer than 20 attorneys hold the LL.M. in that area of study. Degree requirements were a year's study in the fields of mediation, arbitration, research methodology and the nature of human conflict.

Michael J. Davenport

Jason D. Walke has joined Gunderson,

Sharp & Rhein, P.C., of Des Moines, as a partner. Jason received his B.A. in history from the University of Northern Iowa and his Juris Doctor with high honors from the University of Iowa College of Law in 1996.

Mike had been a partner at Willson & Pechacek, PLC in Council Bluffs and continues to serve as a director of Big Brothers Big Sisters of the Midlands Rain and Hail is the second largest provider of crop insurance in the world

Richard M. Tucker has become a fellow of the American College of Trial Lawyers.

Richard is a partner at Phelan, Tucker, Mullen, Richard M. Walker, Tucker and Gelman, Tucker L.L.P. of Iowa City. He is a graduate of the University of Iowa College of Law.

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 [email protected] 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.

Eric Burmeister and Michael A. Wunn

have become associated with Beving, Swanson & Forrest, P.C. of Des Moines.


IOWA LAWYER September 2002 21


Trademark, trade name, what's the difference?

By Matthew J. Krigbaum*

Every attorney with a business client has a potential trademark issue. This article is intended to demystify and explain the similarities and differences between a trademark and a trade name. The term "trade name" used here generally refers to all of the following, each of which are themselves separate and distinct from the others: corporation name, LLC name, d/b/a name, fictitious name, and partnership name. The choice of a trade name is an important decision that can have far reaching consequences. All too often, however, a company will pour money into the use and promotion of a proposed trade name without more than an incomplete or cursory investigation of trade name availability with the secretary of state, only to find itself down the road, in the midst of a time-consuming, expensive legal battle and facing potential liability for trademark infringement. This unfortunate and costly result generally can be avoided by undertaking a comprehensive search of both trade names and trademarks, on a state as well as national level. Understanding the difference between the two concepts is the first step. TRADEMARK - A trademark or service mark can be any word, name, symbol, logo, color, sound, shape, or any combination of these elements. A trademark is used to identify goods, whereas a service mark is used to identify a service. This article uses trademark to identify both goods and service marks. TRADE NAME - A trade name is the name of the business or company. A trade name identifies the business not the goods or services offered by the business. A trade name is typically registered with the secretary of state in each state where the company is doing business and is only valid in those states. Trademarks, trade names and service marks are all used differently. However, they all serve the same basic purpose: to identify a business and its products or services, to create and channel consumer demand, and to protect any goodwill which one may create as to his goods or services.1 A trade name symbolizes the reputation of a business as a whole, while a trademark may be used to identify and distinguish the various products and services sold by that business.2 Generally, protection of business names is subject to the same limitations and conditions as are trademarks. One party's use of the corporate name of another party as its trademark may be characterized as trademark infringement.3 However, one party's use of another party's trademark as part of its corporate name may not be trademark infringement, if the corporate name is not made known to the public. If a corporate name is not before the public, it may not be creating public confusion, and thus not

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"The basic issue underlying trademark and trade name disputes is the same issue that is confronted in a trademark infringement action ­ the likelihood of confusion amongst the consuming public."

be infringing.4 The basic issue underlying trademark and trade name disputes is the same issue that is confronted in a trademark infringement action - the likelihood of confusion amongst the consuming public. So what must a business lawyer to do to avoid this quandary? The answer is to not only conduct a trade name availability search but also a trademark knockout search. Consider the following scenario: Company A decides to open a fishing and hunting lodge which will sell related equipment under the name HOOK & SHOOT, Inc. Company A's lawyer searched the secretary of state's corporate records and determines that the proposed name is available as a corporate name or title and proceeds with the incorporation and registration. One year later, after significant marketing and advertising has been conducted, Company A gets a cease and desist letter from a lawyer in Covington, Louisiana, demanding that Company A cease and desist using HOOK & SHOOT, Inc., because Company B,

owns a federal trademark registration for HOOK & SHOOT5 and it predates Company A's incorporation. Company A can either ignore the letter and find itself in the middle of an expensive legal battle, or incur the expenses of renaming its business, re-advertising and creation of new signs and other marketing material. Either way it will have lost the good will and name recognition that it created. Company A could have avoided the costly legal battle and new advertising expense if it had conducted a trademark knockout search at the same time as conducting the trade name availability search. A knockout search should alert the attorney to any potential problems with the proposed trade name. A knockout search consists of examining U.S. Patent and Trademark Office records, state trademark records, and an Internet common law search. Trademark infringement occurs only when the trade names and trademarks are the same or substantially similar and the goods or services offered by both firms are the same or substantially related. If the goods and services are not the same or substantially related, then there is no possibility of trademark infringement. Consider United Airlines and United Van Lines, both use UNITED and are known in their industries as UNITED but their concurrent use does not infringe on each other's rights. Upon a finding that such name is available as a trade name and trademark, it should be reserved immediately with the secretary of state. In addition

to ensuring that the name remains available should a client ultimately adopt the name, reserving it will also create a public record so that it will appear in any subsequent search. While trade names are protected only by common law and are not federally registrable, a business that uses its trade name also as a trademark should consider filing a trademark application with the U.S. Patent and Trademark Office. An alternative option is registration on the state level, however that registration is not as effective if it is limited to the state in which it is registered. A trade name, as defined by federal law6, cannot be registered under the federal trademark act, The Lanham Act. The name of a company cannot be registered as a federal trademark unless the name is also used as a trademark.7 For example, MICROSOFT(r) is a registered trademark of Microsoft Corporation. Microsoft uses its trade name as a trademark. The registerability of a trademark when it is also the business name hinges entirely upon the manner in which the name is used. It is a question of fact determined from the manner in which it is used and the probable impact upon purchasers. The Trademark Office will presume that a corporate name is an unregisterable trade name and the burden is upon the applicant to prove otherwise. For a trade name to qualify for trademark registration, the company must actually use the trademark as a trademark, and not solely as a trade name. Use exists


IOWA LAWYER September 2002 23

when the mark is used in such a fashion as to indicate source or origin of the goods or services. If a corporate identifier such as Inc., LTD., or Co. appear with the trade name, or the address is in close proximity to the trade name, the Trademark Office will assume that the reference to the trademark is really a reference to the trade name and will refuse registration. Careful counseling with the client who wants to use a trade name as a trademark prior to the creation of labels, packaging, and the like, will benefit the client immensely when it comes time to register the trademark and send in specimens. Neither the registration of a trade name nor registration of a trademark provide exclusive rights to use the trade name or trademark, as such rights are created and perpetuated solely by use. Thus, the fact that the secretary of state accepted a company's name registration generally is no defense against a proven senior user who has trademark rights. By the same token, a senior user of the same or a confusingly similar corporate name may be able to preclude use by the junior user of a registered trademark, except where the registration has become incontestable. Remember, however, that a federal trademark registration is prima facie evidence of the registrant's exclusive right to use the mark for the registered goods or services

and the burden would be on the senior trade name owner to rebut the federal registration.

"Neither the registration of a trade name nor registration of a trademark provide exclusive rights to use the trade name or trademark, as such rights are created and perpetuated solely by use."

As a final note, it should be observed that no search of trade names and trademarks can fully and conclusively guarantee a business' right to registration or use of the mark or name. Search records are not always accurate or complete. Moreover, the

test for infringement of the names or marks of a business organization is the highly subjective one of a likelihood of confusion. The extent of the public use of a trade name and the risk the client is willing to assume will determine the extent to which a trademark search is conducted. These factors will also influence the type and degree of other inquiries, procedures and actions, which are beyond the scope of this article, which may be a necessary part of a complete intellectual property protection program for a particular business. Although a trademark search may not be necessary in every situation, it will always provide valuable risk assessment information that can be considered when adopting a trade name. *Matthew Krigbaum practices at Moyer & Bergman, PLC in Cedar Rapids. Prior to joining Moyer & Bergman in January, 1999, he practiced in Chicago.

Matthew Krigbaum


Younker v. Nationwide Mutual Ins. Co., 191 N.E. 2d 145 (Ohio 1963). 2 Communications Satellite Corp. v. Comcet, Inc., 429 F.2d 1245 (4th Cir.), cert. denied, 400 U.S. 942 (1970). 3 John Roberts Mfg. Co. v. University of Notre Dame du Lac, 152 F. Supp. 269 (D. Ind. 1957), aff'd, 258 F.2d 256 (7th Cir. 1958) (use of UNIVERSITY OF NOTRE DAME on class rings held to be trademark infringement). 4 See Liberty Mutual Ins. Co. v. Liberty Ins. Co., 158 F. Supp 895 (E.D. Ark. 1960) (defendant's use as service mark enjoined, but not use as corporate title). 5 See Trademark Serial Number 78-007203 HOOK & SHOOT for hunting and fishing related equipment. 6 Section 45 of the Lanham Act defines trade name as: "Trade name; Commercial name. The terms "trade name" and "commercial name" mean any name used by a person to identify his or her business or vocation." 15 U.S.C. §1127. 7 See Martahus v. Video Duplication Services, Inc., 3 F.3rd 417 (Fed. Cir. 1993).



IOWA LAWYER September 2002


ISBA honors lawyers who volunteer for indigent

The Iowa State Bar Association Volunteer Lawyers Project is pleased again to present its Pro Bono Honor Roll honoring Iowa attorneys who make it possible for more Iowans to have access to justice. Members of the private bar provide hundreds of hours of pro bono legal services through their VLP efforts. Pro bono service is the critical component in making legal services available to the indigent citizens of our state. We list here all Iowa attorneys who closed one or more VLP cases last year. Highlighted names are of attorneys who provided 20 or more hours of VLP services. This is the recommended standard established by the Pro Bono Resolution passed by the ISBA Board of Governors in 1990. Some attorneys who participate in the VLP report their cases through their firms and these firms are included on the list. In addition to taking cases, many attorneys provide pro bono services in other ways. They provide valuable assistance to the legal service community by doing intake, talking with clients at clinics, training and research, and as support to the court. We thank all VLP volunteer attorneys for their generous commitment and support of pro bono in Iowa.

Volunteer Lawyers Project Honor Roll

This list has been compiled with the assistance and cooperation of The Iowa State Bar Association Volunteer Lawyers Project, Legal Services Corporation of Iowa Volunteer Lawyers Project, Polk County Bar Association Volunteer Lawyers Project, and HELP Legal Assistance Pro Bono Project based on information the attorneys reported to these agencies in 2001.

ADAIR: Karen Emerson, Clint Hight, David Jungman, Michael Maynes. ADAMS: Jeffrey Millhollin, Stuart Nielsen. ALLAMAKEE: Matthew Erickson, James Garrett, Charles Kelly, Jr., Barry Mueller, W. Richard White. APPANOOSE: Sidney Drake, James Milani, Jonathan Willier. BENTON: Patricia Lough, Ray Lough, Mark Mossman, Anders Norgaard, Larry Schlue. BLACK HAWK: John Ackerman, Kevin Ahrenholz, Craig Ament, Samuel Anderson, Robert Andres, Larry Anfinson, Judith Benson, Richard Betterton, Henry Bevel, III, Aaron Bixby, Tim Boller, Bruce Braley, Robert Braun, Jen Bries, Michael Buckner, Peter Burk, Michael Congalton, Steven Daniels, Paul Demro, Michael Dunbar, David Dutton, Kevin Engels, Hugh Field, E. Gallagher, III, Edward J. Gallagher, Jr., Patrick Galles, Peter Gartelos, Robert C. Griffin, Dennis Guernsey, Linda Hall, Beth Hansen, Aaron Hawbaker, Theresa Hoffman, Gary D. Iversen, Eric Johnson. Also, James Kalkhoff, David Kelsen, Mary Kennedy, Sara Kersenbrock, Carey Kirk, Curtis Klatt, Thomas Langlas, Mike Lanigan, John Larsen, Rick Lubben, Timothy Luce, David J. Mason, John McCoy, Steven Moore, Richard Morris, Jay Nardini, Kenneth Nelson, David Odekirk, Wallace Parrish, Terry D. Parsons, Michael M. Pedersen, Jeffrey Peterzalek, John Pieters, Jr., Robert Raush, Donald Redfern, Kevin Rogers, Obie Saddler, Jr., Joseph Sevcik, Karla Joy Shea, R. James Sheerer, Paul Shinkle, Lynn Smith, David Stamp, Chad Swanson, Thomas Verhulst, James L. Wagner, D. Raymond Walton, Steven Weidner, Natalie Williams Burris, Melvin Wolf, John J. Wood, Gene R. Yagla, David Zellhoefer. BOONE: Earl Check, Dorothy Daken, Ben Doran, Lee Johnson, Judd Kruse, James Malloy,. BREMER: Gerald Carney, Keith Collins, David Engelbrecht, Chris Foy, Lana Luhring, Tim Teeter, John Tremaine. BUCHANAN: Sarah Dooley-Rothman, Elizabeth Lounsberry, Gary McClintock, James Peters, Franklin Sauer. BUENA VISTA: Mary Hamilton, Steven Hamilton, David Patton, Hugh Perry. BUTLER: Habbo Fokkena, Thomas Lawler, Patrick Vickers. CARROLL: Barry Bruner, Joseph Halbur, William Kurth, A. Eric Neu, William Polking. CASS: Lawrence Jones, Joanne Lorence. CEDAR: Brian Fairfield, Tricia Spratt Fairfield, John Kuehnle, Bradley Norton, Francesca Passeri. CERRO GORDO: Ronald Arispe, Jackie D. Armstrong, Rolf Aronsen, Kristy Arzberger, Charles Biebesheimer, John Duffy, F. David Eastman, James Fitzsimmons, David Funkhouser, James R. Heiny, William Keen, John Lander, Joseph Lapointe, Tim Lapointe, Charles Levad, C. W. McManigal, David Nelsen, Randall Nielsen, C. Bradley Price, David Schrock, John Sorensen, Gerald Stambaugh, Robert Swanson, Richard Tompkins, Jr., Steven Vandenberg, Amy VanEs, Richard Winga, Mark Young, Joel J. Yunek. CHEROKEE: Ryan Kolpin, John Loughlin, Daniel Meloy, George Wittgraf. CHICKASAW: Lewis Churbuck, Kevin Kennedy, Michael Kennedy, Christopher O'Donohoe, Nathaniel Schwickerath. CLARKE: Unes Booth, William Eddy. CLAY: Charles Borth, Jon Martin, David Scott, Nancy Whittenburg. CLAYTON: David Baumgartner, Linzy Martin, J. Steven McCorkindale. CLINTON: J. Drew Chambers, John Frey, James Pillers, James Richmond, Kenneth F. Schoenauer, Bert Watson. CRAWFORD: Stephen Engelhardt, Julie Schumacher. DALLAS: Scott Finneseth, Randy Hefner, Bryan Jennings, Jonathan Kimple, Alexander P. Rhoads, Misheal Waller-Little. DAVIS: John Silko. DECATUR: George Hoffman, III., Sherman W. Phipps. DELAWARE: Thomas J. Hanson, Daniel Swift, David Tracey, William Werger. DES MOINES: H. Eugene Anderson, Ronald Ellerhoff, Robert Engler, Gerald Goddard, Steven R. Hahn, William Monroe, Donald Porth, Jason Sapsin, Michael Schilling, Steven Swanson, Mitchell Taylor, Alan Waples. DICKINSON: Edward W. Bjornstad, James Clarity, III, Kay Dull, Shannon Sandy, Lonnie Saunders, Bethany Verhoef Brands, Pamela Wingert. DUBUQUE: Mark Beckman, Joseph Bitter, Leslie Blair, William Blum, Dave Clemens, Jennifer Clemens-Conlon, Chad Cox, Davin Curtiss, Robert Day, Jr., Danita Galdick, Michael Gau, Arthur Gilloon, Timothy Goen, Dirk Hamel, Darin Harmon, Werner Hellmer, Francis Henkels, Stuart Hoover, Stephen Juergens,Todd Klapatauskas, Dean J. Konrardy, Roger Kurt, David Leifker, Todd Locher, Leo McCarthy, Daniel McClean, Ann McDonough, Donald E. Moonen, John Nemmers, Louis Pfeiler, Anthony J. Quinn, Bruce Rehmke, Patricia Reisen, James Roth, David Setter, Thomas Straka, Jeffery Trannel, Jim Trannel, Jeffrey Walters, Michael Whalen. EMMET: Scot Bauermeister. FAYETTE: Richard Buffington, Jeffrey Clements, David Hanson, John Hofmeyer, III, T. David Katsumes, W. Wayne Saur, James Updegraff, Ronald VanVeldhuizen. FLOYD: Michael D. Allison, Normand C. Klemesrud, Laurie Pederson, Roger Sutton, Ann Troge, Patrick Wegman. FRANKLIN: Michael Cross, Philip F. DeMoss, Brent Symens, Daniel Wiechmann, Jr. FREMONT: Edward Eaton. GREENE: Rita Harmening Pedersen, Mark J. Rasmussen. GRUNDY: Bradley Harris, Kirby D. Schmidt, Timothy M. Sweet. GUTHRIE: Robert E. Feilmeyer. HAMILTON: Charles Deppe, Joseline Greenley, Ellen J. Henry. HANCOCK: Phillip Garland, Earl Hill, Brian Jones, James Wetterling. HARDIN: Michael Holt, Clark McNeal. HARRISON: John W. Kellogg, Jack J. White. HENRY: Seleta Bainter, Richard Bell, Patrick Brau, A.K. Elgar, Philip McCormick, Gary Wiegel. HOWARD: Mark B. Anderson, Henry Elwood, James Moriarty, Kevin Schoeberl. HUMBOLDT: Marc D. Arends, Brian R. Johnsen, Robert E. Lee, Gregory H. Stoebe, Kurt J. Stoebe. IDA: Matthew Forristal, Peter Goldsmith. IOWA: Mark Hemmingson, Fred Stiefel, Eric Tindal. JACKSON: Corliss Baty, James Bear, Ronald J. Besch, Brian Farrell, Mark Lawson, Kenneth E. Wright. JASPER: Gilbert Caldwell,III, Dennis Chalupa, P.A. Henrichsen, Steven Holwerda, Bruce Nuzum, Mark Otto, Richard Phelps, Terry Rickers, William Ross, John Terpstra, Lois Vroom, Kathryn Walker, Lee Walker. JEFFERSON: Craig R. Foss, Myron L. Gookin, Brandon B. Nelson, James D. Pearson, Stephen H. Small. JOHNSON: Steven E. Ballard, Dawn Barker Anderson, Jean Bartley, Janice Becker, Marsha Bergan, Janice Binder, Karmell Bowen, Christine Boyer, Maurine Braddock, Michael Brenneman, David Brown, David Burbidge, Rockne Cole, Martin Diaz, Eleanor Dilkes, Robert N. Downer, Sue Dulek, Heather Feldkamp, Kirsten Frey, Timothy G. Grady, Mark T. Hamer, R. Bruce Haupert, C. Peter Hayek, John W. Hayek, Thomas Hobert, Mary Hoefer, Dan Holub, Patricia C. Kamath, Sondra B. Kaska, J. Dean Keegan, Michael Kennedy, Sue Kirk, Timothy Krumm, Margaret Lainson, Linda Levey, Karen Lorenzen, Lawrence L. Lynch, James Martinek, Paul McAndrew, Jr., James McCarragher, Linda McGuire, Thomas McMurray, Sharon Mellon, David Mitchell, Dennis Mitchell, Joseph Moreland, Jennifer Morrison, W. Eric Nelson, Bruce Nestor, Gay Pelzer, Catherine Pugh, Julie Pulkrabek, Jeffrey L. Renander, Dell Richard, J. Nicholas Russo, Barbara Schwartz, John Slavens, Leon Spies, William F. Sueppell, William J. Sueppel, William C. Titus, Randy E. Trca, Chad Warren, Richard Webster, Randall B. Willman. JONES: Craig Elliott, Adrian T. Knuth, C. J. Matthiessen, Nick Strittmatter, Todd B. Weimer, Jay A. Willems. KEOKUK: Edward M. Conrad. KOSSUTH: Gregg A. Buchanan, Scott G. Buchanan, Mark J. Laddusaw, Thomas W. Lipps, David C. Skilling, Eldon J. Winkel.

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IOWA LAWYER September 2002 25

LEE: Clinton R. Boddicker, Emily Dean, James F. Dennis, Elaine N. Fehseke, R. L. Fehseke, Jr., Richard L. Fehseke, III, Gary L. Hoyer, Robert N. Johnson, III, Laura M. Krehbiel, John E. Kultala, Thomas D. Marion, M. Carl McMurray, Carl A. Saunders, Thomas T. Skewes, Steven J. Swan. LINN: Janice A. Aasgaard, Connie Alt, Todd W. Anderson, David Baker, Brian D. Bergstrom, John J. Bishop, Edward M. Blando, James E. Bobenhouse, Richard L. Boresi, Gilda Boyer, Philip A. Burian, Kevin Caster, Dan Childers, Kevin Collins, Christine L. Conover, Christine L. Crilley, Thomas J. Currie, Terri Davis, Robert W. Davison, Laurie L. Dawley, Daniel DenBeste, Kenneth Dolezal, John H. Ehrhart, Dean R. Einck, Gregory J. Epping, Ronald D. Fadness, Richard Fry, Richard Garberson, Gordon R. Gibson, Matthew A. Glasson, Judy Goldberg, Larry G. Gutz, David A. Hacker, Jason Haefner, Melissa HarbaughAdams, David T. Hayes, Allison M. Heffern, Craig W. Hickok, William Hochstetler, James C. Holmes, Stephen J. Holtman, Janet Hong, Anne Hoskins, Donald Hoskins, Robert Houghton, Wesley B. Huisinga, Stephen Jackson, Sr., Stephen Jackson, Jr., Glenn L. Johnson. Also, Maureen Kenney, Henry M. Keyes, Linda M. Kirsch, Jonathan Kopecky, Kurt Kratovil, David W. Kubicek, Gerald J. Kucera, Diane Kutzko, Anne Laverty, Jean C. Lawrence, Pamela Jo Lewis, Charles L. Litow, Darin H. Luneckas, David L. Marner, Sr., Robert W. Matias, Martin J. McLaughlin, Scott E. McLeod, Dennis J. McMenimen, Sean W. McPartland, Douglas C. Meyer, Richard Mitvalsky, Michael L. Mollman, John Monroe, Darrel A. Morf, Iris E. Muchmore, David N. Nadler, Matthew Nagle, David S. Nelson, Frank J. Nidey, Douglas Oelschlaeger, William F. Olinger, Robert J. O'Shea, Steven Pace, Thomas Peffer, Nancy Penner, Matthew J. Petrzelka, William P. Prowell, Angi Railsback, Ellen RamseyKacena, Carroll J. Reasoner, John L. Riccolo, Linda H. Robbins, Jeffrey K. Robison, Raphael M. Scheetz, Phillip D. Seidl, James Sines, Deborah M. Skelton, D. J. Smith, R. L. Sole, Troy Springston, Douglas J. Stilwell, John Stitely, Wilford H. Stone, Gary Streit, Robert Teig, David Thinnes, Larry J. Thorson, John M. Titler, Karen A. Volz, Chad H. VonKampen, Hanna B. Weston, Judith Whetstine, Kandice A. Wilcox, Charles J. Williams, Robert F. Wilson, Karla M. Wolff, Mark L. Zaiger, Richard H. Zimmermann. LOUISA: Roger A. Huddle, Jay J. Schweitzer, Timothy K. Wink. LUCAS: Raymond G. Meyer. MADISON: Jerrod B. Oliver, G. Stephen Walters. MAHASKA: Michael P. Brice, Randy S. DeGeest, David D. Dixon, Eric J. Palmer. MARION: Ron Danks, Steven Guiter, Fred Kreykes, Michael Lane, Martha L. Mertz, Dwaine F. Meyer. MARSHALL: E. W. Adams, Douglas W. Beals, Erin Broadston, Chris Clausen, Brian L. Danielson, James C. Ellefson, Kent L. Geffe, Randal J. Giannetto, James Goodman, Joel Greer, John J. Haney, George W. Hinshaw, Michael R. Horn, Steven A. Kloberdanz, Norma Meade, Melissa Nine, Merrill C. Swartz, Patrick L. Wilson. MILLS: James Thomas. MITCHELL: Richard Gross, Murray A. Kloberdanz, Vernon E. Kratchmer. MONONA: Stephen W. Allen, James Westergaard. MONROE: Joanna Albers, Steven Goodlow. MONTGOMERY: Daniel L. Feistner, Charles E. Richards, Mark D. Swanson, Josiah C. Wearin. MUSCATINE: Harvey G. Allbee, Jr., Paul Bouska, Walter J. Conlon, William Creasey, Esther J. Dean, Michael Metcalf, D. W. Newell, Jean Pfeiffer, Don Schroeder.

O'BRIEN: Keith G. Thompson, Thomas J. Whorley. OSCEOLA: Harold Dawson. PAGE: Verd R. Bailey, Richard H. Davidson, Beverly K. Jones. PALO ALTO: Michael L. Brown, Donald Capotosto, Thomas M. Magee. PLYMOUTH: W. E. Collins, Patrick N. Murphy. POCAHONTAS: Donald M. Winkler. POLK: Chris Adams; Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee; Jodi Ahlman, Matthew Ahmann, Everett Albers, Justin Allen, Fred Anderson, Scott Anderson, James Austin, Todd Babich, Pat Barry, Joseph Barron, William Bartine, JoAnn Barton, David Basler, David Basloc, Chuck Becker, Mark Beerman; Belin, Lamson, McCormick, Zumbach & Flynn; Marc Beltrame, Laura Birkenholtz, Ed Bittle, Ray Blase, Eric Boehlert, Matthew Boles; Bradshaw, Fowler, Proctor & Fairgrave; Dan Bradley, Trinity Braun, Scott Brennan, William Brewer, James Brick; Brick, Gentry, Bowers, Swartz, Stoltze, Schuling & Levis; Tonya Brink, Brown, Winick, Graves, Gross, Baskerville & Schoenebaum; Anne Brown, John Bunz, Michael Burdette, Bruce Butler, Heather Campbell, Peter Cannon, Michael Carsten, Brent Cashatt, James Christenson, Beverly Clark, Jennifer Clendenin, Rob Clower, Scott Colloton, Angela Watson Cook, Carol Coppola, Christopher Coppola, Mary Cory, Garry Cox, Thomas Crabb, Matt Cronin, Michael Cummings; Davis, Brown, Koehn, Shors & Roberts; Bob Di Blasi, Thomas DeSio, Steven Despotovich; Dickinson, Mackaman, Tyler & Hagen; Connie Diekema, Catherine DietzKillen, Diane Dornburg; Dorsey & Whitney; Angela Dralle, Doug Drees, Matthew Drevlow. Also, Duncan, Green, Brown, Langeness & Eckley; Todd Elverson, Deb Epp, Ray Fenton, Gerald Feuerhelm, Paige Fiedler, Jeffrey Flagg, Pat Frazier, Matthew Gardner, Serge Garrison, Elias Gastello, Fred Gay, Ryan Genest, Jennifer Gerrish-Lampe, Mike Gilchrist, Krista Gorsche, Bruce Graves, Grefe & Sidney, Al Greffenius, Gordon Greta, Beth Grob, Jim Hanks, John Harding, Harvey Harrison, Wade Hauser, Alice Helle, Chris Henderson, Dori Herrick, David Hibbard, John Hintze, Richard Hollis, Terrence Hopkins; Hopkins & Huebner; Patricia Hulting, Jason Hunt, Michael Hunter, Fred James, Larry James, Sr., Dallas Janssen, Jennifer JaskolkaBrown, William Jacobs, Jennifer Johnson, Mark Johnson, William Kelly, Kent Kelsey, Liz Kennedy, Greg Kenyon, Patrick Kirchner, Sonia Parras Konrad, Linda Kniep, Dale Knoshaug, Kimberly Knoshaug, Jim Krambeck, Thomas Krause, LeAnn Krell, Elizabeth Kruidenier, Roger Kuhle, Matthew Laughlin, Danielle Latham, Vera Lichtenberger, Jeff Lipman, David Luginbill, Steve Lytle, Rod Maharry, Ed Mansfield, Jane McAllister, Cynthia McCall, Corey McClure, Lora McCollom, Curtis McCormick, Michael McEnroe, Ed McIntosh, John McKinney, Naomi Mercer, James Meade, Nelda Mickle, Chris Miller, Donna Miller, John Miller, Jeremy Moffit, Steve Nadel, Lisa Nelson, Bill Noth; Nyemaster, Goode, Voigts, West, Hansell & O'Brien; Dennis Ogden, Nathan Overberg, Martin Ozga. Also, Heather Palmer, Peter Pashler, Karen Pearston; Peddicord, Wharton, Spencer & Hook; Ron Peeler, Gregory Peterson, James Piazza, Sr., Sarah Pitts, Van Plumb, William Price, John Priester; Principal Financial Group - Law Department; Jim Quilty, Michael Reck, David Repp, Trevor Reynolds, Ronald Rieper, Nancy Lynn Robertson, Kolleen Samek, Peter Sand, John Schmidt, John Scieszinski, Joseph Seidlin, John Seitz, Steve Serck, Frank Severino, Robert Sharp, Jerry Sharpe, Anjela Shutts, Cathleen Siebrecht, Tom Slaughter, Patrick Smith; Smith, Schneider, Stiles & Serangeli; Behnaz Soulati, Bernard Spaeth, James Spellman, Katherine Spencer, Steven St. Clair, Randy Stefani, Frank Steinbach III,


Free Report Shows Lawyers How to Get More Clients

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 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 24hour recorded message) or by going to

Thomas Sullivan, Ron Sutphin, Jim Swanger, Cliff Swartz, David Swinton, Paul Swinton, Thomas Tarbox, Mark Thomas, Andrew Tice, Brian Tingle, Terry Tobin, Chinyere Ukabiala, Leann Valubon, Margaret Van Houten, Pamela Vandel, John Vernon, James Wainwright, Timothy Walker, Steven Wandro, Ivan Webber, Joseph Weeg, Mark Weinhordt, Patty Westemeyer, Patty Westerbeck-Church, John Wetauer, John Wethedell, Ron Wheeler, LuAnn White; Whitfield & Eddy, Tim Willcockson, Clint Woods. Mediators: Joe Harrison, Yale Kramer, Dennis Lawyer, James Pillars. POTTAWATTAMIE: Iris M. Arch Hunter, Larry J. Beckman, Stephen C. Ebke, Keith Engel, Daniel L. Fretheim, Michael Gallner, Eric Hansen,Richard A. Heininger, Joseph J. Hrvol, Dean T. Jennings, Drew H. Kouris, Steven H. Krohn, Leo Martin, David J. McCann, John M. McHale, Roberta J. Megel, Clarence B. Meldrum, Jr., G. Elizabeth Otte, Suellen Overton, Laura L. Patterman, T. J. Patterman, Jacob J. Peters, Deborah L. Petersen, Richard W. Peterson, Michael G. Reilly, Scott J. Rogers, Michael A. Sciortino, Paul M. Shotkoski, G. William Smits, Tony Tauke, Maynard S. Telpner, Marvin L. Vannier, Philip J. Willson. POWESHIEK: Donald J. Charnetski, Donald L. Schild, Clint VanZee. SAC: Colin J. McCullough, Charles Schulte. SCOTT: Paul Bieber, John Bribriesco, Brooks & Trinrud, Arthur Buzzell, Nathan Clark, Jeffrey Cook, Harold J. Dane III, Cameron Davidson, William E. Davis, Harold DeLange, Michael DePree, Russell Dircks, Eugene Dwyer, Hany ElKhoury, Charles Elles, Roger Fair, John Flynn, Christine Fredericks, Robert H. Gallagher, Michael Gorsline, Marlita Greve, Gregory Guiney, Kevin Halligan, Jack Harris, Alan Havercamp, Steven Havercamp, Troy Howell, Catherine Hult, Derek Jones, Joseph Judge, Courtney Kay-Decker, Lane & Waterman, Sandra Madsen, Ronald May, William McCullough, Robert McMonagle, Patricia Mooney, Michael Motto, Henry Neuman, Ann Neumann, Cheryl Newport, Stephen Newport, Maria Pauly, Carol Pentuic, Theodore Priester, Seymore Raben, Angela Reyes, Rex Ridenour, Michael Rock, Teresa Sosalla, Katherine Varlas Teel, Donald Thuline, David Treimer, Michael Walton, Clemens A. Werner, Jr., Thomas Wine. SHELBY: William T. Early, Richard G. Schenck, Bryan Swain. SIOUX: James Pickner, Daniel Pluim, Patricia Lee Vogel. STORY: David W. Benson, Stephen Howell, Robert L. Huffer, Christine A. Hunziker, Christine R. Keenan, Fred A. Larson, Jere C. Maddux, John G. Martens, Jeff Mathias, Dale E. Sharp, Kathy Mace Skinner, William T. Talbot, John Timmons, Thomas C. Wynia. TAMA: Jared O. Bauch. TAYLOR: Michael J. Moss. UNION: Douglas D. Daggett, Arnold O. Kenyon, III. WAPELLO: Robert E. Breckenridge, II, J. T. Denefe, H. Edwin Detlie, Philip Ferren, Steven Gardner, Richard J. Gaumer, Gayla R. Harrison, Timothy W. James, Keri Kelsey, Thomas F. Kintigh, Mary B. Krafka, Jeffrey R. Logan, Susan E. Lynch, Gregory G. Milani, John N. Moreland, Michael J. Moreland, H. Michael Neary, Allan C. Orsborn, Thomas M. Walter, John R. Webber III, Paul Zingg. WARREN: Phil F. Elgin, James F. Fowler, Robert A. Gottschald, Kimberly Graham Haddox, Kevin A. Parker, Claire B. Patin, Rodney H. Powell. WASHINGTON: Tracy E. Anderson, Christal L. Arthur, Richard S. Bordwell, Craig A. Davis, Davis S. Gorham, Daniel P. Kitchen, Leslie D. Lamping, Michael R. Mullins, Kathryn J. Salazar, Robert G. Schlegel, Douglas L. Tindal. WAYNE: Roberta Chambers, Monty Franklin, Verle W. Norris, Alan Wilson. WEBSTER: Stuart J. Cochrane, Mark R. Crimmins, Rebecca J. Hanson, Steven W. Hendricks, Derek Johnson, Dan T. McGrevey, Blake Parker, Kurt T. Pittner, R. Thomas Price, Jerry L. Schnurr, III, David A. Sergeant, William J. Thatcher. WINNEBAGO: Mark A. Newman, Richard P. Schwarm. WINNESHIEK: Stephen Belay, James Burns, Timothy Lynch, David L. Strand. WOODBURY: A. Frank Baron, Maxine M. Buckmeier, Roger L. Carter, Frank J. Cosgrove, David R. Crary, James N. Daane, Robert B. Deck, Daniel D. Dykstra, Ray H. Edgington, Michael W. Ellwanger, Martha Fagg, Wil L. Forker, John C. Gray, Michael M. Hobart, Tina M. Hodne, Jeffrey A. Johnson, Gregory N. Lohr, Dennis J. Mahr, Dawn E. Mastalir, Martha M. McMinn, Glenn A. Metcalf, John S. Moeller, John C. Nelson, Kendra M. Zirbel Olson, Barbara F. Orzechowski, Wayne G. Prichard, James W. Redmond, Rosemary Sheehan, Kelly Steele, Dick Sturgeon, Bruce G. Thomas, David L. Updegraff, Harold K. Widdison, Brian L. Yung. WORTH: Craig G. Ensign, Jeffrey H. Greve, Douglas A. Krull. WRIGHT: James E. Houser, Michael E. Houser, Larry E. Ivers, Dewayne A. Knoshaug, William A. Long.



IOWA LAWYER September 2002




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

Contact Shannon Espenscheid, 641-474-2280 or David Larson

SIMMONS PERRINE ALBRIGHT & ELLWOOD P.L.C., an AV-rated firm of 30 attorneys serving eastern Iowa, seeks an intelligent, hard-working, ethical, and personable attorney for our Cedar Rapids office. Applicants should have outstanding academic credentials and at least two years of practice experience. State Supreme Court or Federal clerkships will be given appropriate credit. Responsibilities will include commercial, business, and real estate litigation. Interested persons should send their resume and statement of interest to [email protected] or Paul Morf , 115 3rd St. SE, Suite 1200, Cedar Rapids, IA 52401-1266. All inquiries will be (1102) held in strictest confidence. ATTORNEY WANTED: Waterloo attorney with growing practice seeks associate attorney to assist with current work. A great opportunity to build a private practice. Position offers mentoring, training and potential partnership. New facilities and great staff. Mail resume to Craig Ament, Ament Law Firm, P. (1102) O. Box 325, Waterloo, Iowa 50704

Positions Available

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, (1002) Iowa 50309-1939. ASSOCIATE POSITION: Central Iowa AV-rated general practice law firm is seeking an associate. Experience is preferred but not required. Salary will be negotiated. Please mail resume to Shirley, Powell & Finneseth, P.O. Box 487, Perry, Iowa 50220, or fax to (1002) 515-465-4136. SEVEN-ATTORNEY, AV-RATED firm in Southeast Iowa seeks an associate with at least two years general practice experience including litigation. Competitive salary and benefits offered. Please reply with resume and cover letter to: Aspelmeier Law Firm, Attn: Brent Ruther, P.O. Box 1046, Burlington, Iowa 52601, via facsimile at 319-754-6587 or via e-mail at [email protected] (1002)

MANAGING ATTORNEY ­ The Legal Services Corporation of Iowa (LSCI), which provides free legal assistance to low-income people, is seeking applications for managing attorney of its Cedar Rapids Regional Office. The Cedar Rapids Regional Office provides services to low-income people in six (6) east central Iowa counties in the Cedar Rapids area. The managing attorney is responsible for a broad range of legal and administrative responsibilities. Applicants for this position should have a minimum of three years legal experience, background in and commitment to working with low-income people, and a license to practice law in the State of Iowa or be available to take the next scheduled bar examination. Salary dependent on experience. Excellent fringe benefits. To apply, submit letter of application, resume, recent representative writing sample, and at least three professional references to Dennis Groenenboom, Executive Director, Legal Services Corporation of Iowa, 1111 Ninth Street, Suite 230, Des Moines, Iowa 503142527. LSCI is an Equal Opportunity (1002) Employer. GREAT OPPORTUNITY ­ Small firm with highly successful civil litigation practice seeks an experienced associate attorney with whom to mentor, work and finally partner. This is an unusual opportunity for an associate attorney with great future promise for the right candidate. Applicants must have a minimum of two years civil law experience, including some trial work. Candidates must possess common sense, honesty and strong work ethic. Direct client contact and substantial workload from the start. Very competitive salary and benefits with great promise for the future. Potential income much better than with larger firm. Send cover letter and resume to Edward J. Krug, Krug & Beckelman, P.L.C., P.O. Box 186, Cedar (SE) Rapids, IA 52406-0186.



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: [email protected]


IOWA LAWYER September 2002 27


ASSOCIATE POSITION ­ North central Iowa law firm is accepting applications for an associate in transactional law, including real estate, contracts, probate, estate planning and taxation. The law firm consists of two shareholders and is located in a city of 1,800 with an office in Waterloo. Two years of experience are preferred. All replies will be confidential. Please submit resume to Rickert & Leistikow, P.C., P.O. Box 193, Reinbeck, Iowa (1102) 50669. Fax 319-345-2911. ATTORNEY WANTED ­ The Yankton, South Dakota, office of Johnson, Heidepriem, Miner, Marlow & Janklow, LLP, an AV-rated law firm, seeks an attorney interested in commercial transactions and civil and commercial litigation. Exceptional research and writing skills required. All replies will be kept confidential. E-mail or mail a letter of introduction and resume to Sheila Woodward at [email protected] or P.O. Box 667, Yankton, South Dakota (1102) 57078.

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) 2825291 for pricing and delivery information. Satisfaction guaranteed. LegalWorks Software, P.O. Box 22127, Des Moines, IA 50325. (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 (SE) 515-244-7820. WEST DES MOINES LAW OFFICE ­ Small Law Office seeking to add second attorney to share office space in convenient, easy access West Des Moines location. Includes receptionist, conference room, common reception area, and facsimile. For more information please contact (1002) 515-681-7722. DUBUQUE ­ Two offices with support staff and equipment available in an existing westside office. Objective: sharing office expenses and workload. Call J. Schilling, 563-583-9101.


Computer Equipment

SERVER AND MONITOR ­ Dell Dimension XPS M233 PowerEdge 1400 Server, 800MHz Pentium 3 processor, 256K, Cache Server with 256MB RAM, 9.10 Megabyte Hard Drive. Windows 2000 Server, 5 Client Access Licenses, with monitor. Purchased new in 2001 for $4,000. Asking $2,000. Contact Mark Rice at 515-246-5558.


Career Center

ARE YOU SEARCHING for a new associate or law partner? Are you looking for a different full- or part-time position? Go to and click on the ISBA Career Center.

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. (SE) Please phone 319-351-0222.

LAW OFFICE SHARING SPACE AVAILABLE ­ Second floor office space available in Des Moines across from Terrace Hill. Mansion converted to offices. Within minutes of downtown. Includes shared conference room, reception area, copier, and facsimile. For more information, please (1002) call 515-282-0021. DES MOINES LAW OFFICE space available for two attorneys in a law office suite with four attorneys at The Plaza at 300 Walnut Street in Des Moines. Includes receptionist, conference room, copier, fax, reception area and kitchen. Secretarial space also available. All inquiries confidential. Please phone (1102) 515-288-3333. DES MOINES - Office space available South of Grand. Completely remodeled and renovated. Approx. 1,800 sq. ft. and ideal for 1-2 person law firm. $2,500/mo. Utilities paid. Contact Marc Humphrey via e-mail at [email protected] or phone (1102) 515-274-8340. "OPPORTUNITY for an attorney or group of attorneys to purchase or lease 5,000 square foot office building in River Ridge Professional Park in Cedar Rapids. Price negotiable. Asking well below appraised value. Call Stan Younce, 1-800-747-1011"

Please keep the ISBA in mind so your membership 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 [email protected] 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 [email protected]


Richard M. Calkins

Richard M. Calkins, former dean of the Drake University Law School, and co-author of the treatise, Mediation: A Quest For Peace, is dedicated to the principle that any dispute - personal injury, malpractice, antitrust, securities, divorce, etc. ­ can be resolved through peacemaking, which heals as well as brings resolution. For information concerning his availability to mediate or arbitrate, or to attend one of his mediation training classes, please call (515) 283-0331 or email: [email protected]



IOWA LAWYER September 2002


Law Books for Sale

NO REASONABLE OFFER REFUSED ­ One complete set of each of the following, all current to July 15, 2002: United States Code Annotated; Iowa Digest; Iowa Code Annotated. Contact Larry Bryant, Chief Administrative Law Judge, Department of Inspections and Appeals, Administrative Hearings Division, Lucas Bldg. - 3rd Floor, Des Moines, IA 50319. For more information (1002) please call 515-281- 6372.

NOTICE ­ MEDICAID LIEN: The Iowa Department of Human Services has a lien against the recovery recipients obtained from third party tort feasors pursuant to Iowa Code 249A.6. Questions? Call CONSULTEC, INC., Rocco Russo, 1-515-327-0950 ext. 1114. (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) (SE) 288-5881.

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. (SE) $630 per week and up.


IF DEPRESSION, STRESS, ALCOHOL 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) [email protected] 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 (TF) local bar associations. Just ask.


NOTICE CRIME VICTIM COMPENSATION 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.



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.


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; E-Mail: [email protected] (SE)


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 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.


IOWA LAWYER September 2002 29

Big business rewrite gets big CLE coverage! Other seminars

By Kelley Rue, ISBA CLE Director

Kicking off the ISBA's fall Continuing Legal Education season on September 10-13 is the The annual tradition of the


It is a comprehensive review of the newly-passed, totally-rewritten act inspired by months of hard work by ISBA section members. The Business Law Section presented the last session of the Legislature the Iowa Business Corporation Act to replace the 12-year-old MBCA, Iowa Code Chapter 490. Four, three-hour seminars are scheduled on different dates in four different cities across the state to explain the new law which goes into effect January 1, 2003. The special seminars will feature members of the ISBA drafting committee who worked on the amendments to the MBCA and passage of the legislation. The rewritten law also requires an update of the Business Law Manual. Tues., Sept. 10 Council Bluffs (9:00-12:30) Wed., Sept. 11 Cedar Rapids (8:30-12:00) Thurs.,Sept. 12 Davenport (8:30-12:00) Fri., Sept. 13 Des Moines (8:30-12:00) The annual


returns on September 30 and runs through October 7 at six locations throughout the state. The Traveling Seminar Committee has put together a comprehensive agenda covering timely issues, including Criminal Law (State Sentencing Effects on Federal Guidelines); Real Estate (Predatory Lending); Family Law (Discovery Tips); Alternative Dispute Resolution; Uninsured & Underinsured Motorists and Agricultural Law (Update of Animal Feeding Operations). This 6 1/2 hour seminar also includes updates from local judges and legislators. The registration fee is a bargain at $115 for members and includes lunch. Mon., Sept. 30, Sioux City Conv. Ctr. Tues., Oct. 1, Council Bluffs Harvey's Hotel Wed., Oct. 2, Mason City Holiday Inn Thurs., Oct. 3, Cedar Rapids Clarion Hotel Fri., Oct. 4, Bettendorf Jumer's Castle Mon., Oct. 7, Des Moines Embassy Suites Once again we offer an


with speakers from Iowa Supreme Court Justices and judges on the Iowa Court of Appeals to members of the Supreme Court staff as well as private practitioners with experience in the appellate process. The seminar covers all aspects of the appellate process, with helpful insights from inside the court system. Register now for this year's seminar scheduled for October 25 in Des Moines. This seminar is highly recommended for all lawyers. Friday, October 25 ­ Embassy Suites on the River ­ Des Moines This year's six CLE-hour


is September 18 in Des Moines. A six-hour program features a variety of topics that will appeal to attorneys who practice in the trade regulations and corporate areas. Included are Antitrust Issues in the Utility Area, International Distribution Issues, Securities and Corporate Law Developments, the Impact of Comes v. Microsoft on Indirect Purchaser Suits and an Update on the Federal Microsoft Litigation. Wednesday, September 18, 2002 ­ Hotel Fort Des Moines The popular


­ which include an hour of ethics - take a new direction with a morning interaction session in a format where participants will collaborate with their peers to formulate solutions to real clients' estate and tax planning problems. Each morning case study will be 30 minutes long, just enough time to focus on the charitable planning solutions that might be appropriate in each case. Video sites also will participate. The afternoon sessions focus on Disclaimers; Wills and Will Substitutes: Specifically Revocable Trusts-Overview and Revocable Trusts Practical Applications. Friday, October 18 ­ LIVE PRESENTATION Embassy Suites on the River, Des Moines Friday, November 8 ­ VIDEO PRESENTATIONS Cedar Rapids, Clarion Hotel; Council Bluffs, Iowa Western Community College; Marquette Isle of Capri Riverboat, Mason City, Holiday Inn; Ottumwa, Indian Hills Community College; Sioux City, Convention Center; Waterloo, Ramada Inn Friday, November 15 ­ VIDEO PRESENTATION Davenport, Radisson Hotel


is back again with a full agenda of important topics. U.S. District Court Judge Mark Bennett will present Issues in Employment Cases. Other presenters will cover Trade Secrets, NonSolicitation/Non-Compete Agreements, Dealing with Drugs and Alcohol in the Workplace and 91A and FLSA Issues. Don't miss this 6 1/2 CLE-hour seminar. Friday, September 20th ­ HyVee Conference Center ­ Des Moines



IOWA LAWYER September 2002

concentrate on latest in specialized law

The ISBA CLE Seminars Homepage

recently has been redesigned to be more user friendly and include more information. In addition to allowing registration online for all ISBA seminars using a VISA or MasterCard, the site also contains the latest seminar schedule, CLE requirements and forms, and past Activity ID numbers necessary for attorney year-end reports to the CLE Commission.

ISBA Telephone Seminars are on the way

They are a quick, inexpensive and convenient way to earn CLE credit. Using ISBA's conference call service, you can be an interactive participant in a live seminar while avoiding the added expense of travel and time away from your office. It is ISBA's plan to provide these seminars over the noon hour for a minimal cost. Think of the convenience! We are working with the Government Practice Section to hold this type of telephone CLE in October. Beginning on July 1, 2002, an alternative for obtaining CLE credit is


This calendar contains the Activity ID number you will need for reporting purposes at the end of the year. It will be updated with new numbers as the programs are approved for CLE credit. This is a partial listing of seminars. As seminars are scheduled they will be updated on this calendar and on the ISBA website:

Date Program Number of Hours State Federal Ethics 3 3 3 3 6 6.25 6.5 2.5 3.5 .75 1 1 Location Activity ID

Online (ComputerBased) Legal Education.

"Rule: 41.3(3), allows up to six hours of the 15 hours required by rule 41.3(1) each calendar year to be obtained through completion of computer-based legal education accredited by the CLE Commission of the Iowa Supreme Court." Iowa Supreme Court Rules (2/22/02) The ISBA plans on staying on the cutting edge with the addition of electronicallyenabled CLE. Stay tuned for details! The ISBA's goal is to keep pace with the times by offering affordable and convenient seminars via telephone and computer-based online legal education. Watch for notices via e-mail, The Iowa Lawyer, the ISBA website ­ and "Miscellaneous Mailers" for all ISBA Continuing Legal Education programs.


10 11 12 13 18 20 30 Model Business Corporation Act Model Business Corporation Act Model Business Corporation Act Model Business Corporation Act Trade Regulations Seminar Labor & Employment Law Seminar Traveling Seminar Council Bluffs, Public Library Cedar Rapids, Clarion Hotel Bettendorf, Jumer's Castle Lodge West Des Moines, Marriott Hotel Des Moines, Hotel Ft. Des Moines West Des Moines, HyVee Center Sioux City, Convention Center 12873 12875 12874 12876


1 2 3 4 7 18 25 25 Traveling Seminar Traveling Seminar Traveling Seminar Traveling Seminar Traveling Seminar Probate & Trust Law Seminar (Live) Environmental Law Seminar Appellate Practice Seminar 6.5 6.5 6.5 6.5 6.5 6 6 .75 .75 .75 .75 .75 1 1 1 1 1 1 .5 Council Bluffs, Harrah's Hotel Mason City, Holiday Inn Cedar Rapids, Clarion Hotel Bettendorf, Jumer's Castle Lodge Des Moines, Embassy Suites Des Moines, Embassy Suites Cedar Rapids, Clarion Hotel Des Moines, Embassy Suites Hotel


1 8 8 8 8 8 8 8 15 eCommerce Section Seminar Probate & Trust Law Seminar (Video) Probate & Trust Law Seminar (Video) Probate & Trust Law Seminar (Video) Probate & Trust Law Seminar (Video) Probate & Trust Law Seminar (Video) Probate & Trust Law Seminar (Video) Probate & Trust Law Seminar (Video) Probate & Trust Law Seminar (Video) 6 6 6 6 6 6 6 6 1 1 1 1 1 1 1 1 Des Moines, Embassy Suites Hotel Cedar Rapids, Clarion Hotel Council Bluffs, IA Western Comm. College Marquette, Isle of Capri Riverboat Mason City, Holiday Inn Ottumwa, Indian Hills Community College Sioux City, Convention Center Waterloo, Ramada Inn Davenport, Radisson Hotel


4-6 13 Tax School Federal Practice Seminar Des Moines, Downtown Marriott Des Moines, Downtown Marriott

Register online for any ISBA-sponsored event using VISA or MasterCard. For information about any of our seminars, call 1-800-457-3729 or 515-243-3179 or visit our website ­-


IOWA LAWYER September 2002 31



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