Announcements

In response to the developing situation surrounding COVID-19, the ISBA has decided to close the ISBA Building in Des Moines until April 6. All inquiries should be directed to isba@iowabar.org or 515-243-3179. The ISBA will reassess this closure before April 6 and determine if an extension is needed.

In response to the developing situation surrounding COVID-19 and with the health and safety of ISBA members, guests, staff and our communities being our top priority, The Iowa State Bar Association has decided to adjust its upcoming planned programming.

What this means:

• All ISBA meetings and CLEs will be offered as live webinars only through at least April 13.
• The March Board of Governors meeting will be held as a remote webinar.
• The 2020 Juvenile Law Seminar scheduled for April 2 will be held as a live webinar only.
• The 2020 Criminal Law Seminar scheduled for April 3 will be held as a live webinar only.
• The 2020 Bench-Bar Conference to be held in Sioux City in May will be postponed to a yet-to-be-determined date.

We will continue to evaluate the situation and determine the status of future events in the coming weeks. Staff members are available by phone at (515) 243-3179, or email at isba@iowabar.org, to answer questions on future events.

We apologize for any disruption in plans that these changes may cause. We greatly appreciate the dedication of our volunteers who organize these programs and our members who support them.

There is still a great need for ISBA member attorneys to serve as judges for the 2020 Iowa High School Mock Trial Tournament. The regional rounds are underway all over the state, and there is a shortage of judges for the rounds in Davenport on March 9, and in Des Moines on March 10 and 11. Judges are also needed for the state tournament scheduled for March 30-April 1 in Des Moines.

Please visit this site and click on "Register" to see the list of specific dates and locations that need judges. If you have questions, contact ISBA Center for Law & Civic Education Director John Wheeler at 515-697-7882 or jwheeler@iowabar.org.

From the Iowa Lawyer Weekly

On Tuesday, March 10, The Iowa State Bar Association will host a free public event focused on employment law basics and practical strategies as part of the “ISBA People’s Law School” series. Topics to be discussed include:

• An overview of the employment relationship
• Essential paperwork for employees and employers
• FAQs about employee policies and handbooks
• Discrimination, workers' compensation and unemployment claims
• Multi-generational workforces
• Information about free resources for employees and employers

SPEAKER
Kay Oskvig, Whitfield & Eddy Law Firm (view bio)

This event will be held at the ISBA Headquarters at 625 E. Court Ave. in Des Moines from 5:30 - 7:00 p.m. and live-streamed to local communities throughout the state.

Please help us spread the word concerning this event to your clients and communities.

QUESTIONS?
peopleslawschool@iowabar.org
515-243-3179

On Tuesday, Feb. 18, The Iowa State Bar Association will host its next free public event as part of the "ISBA People's Law School" series. This event will focus on elder abuse, including prevention resources. The speakers are Andrew Cederdahl and Chantelle Smith, both assistant attorneys general with the Office of the Iowa Attorney General.

The public seminar will be held at the ISBA Headquarters at 625 E. Court Ave. in Des Moines from 5:30-7 p.m. and live-streamed to local communities throughout the state. Details on future People's Law School events can be found here. You may contact peopleslawschool@iowabar.org for more information.

From the Iowa Lawyer Weekly

CALL TO ACTION: Contact your lawmakers to oppose "Caps on Damages" bills »The Iowa State Bar Association opposes arbitrary caps on damages that can be awarded to an injured citizen, and as such opposes recently introduced bills SSB 3085 and HSB 596.

This legislation creates a cap of $250,000 on “non-economic damages” against a healthcare provider that is both arbitrary and punitive. A young child who is the victim of medical malpractice with an 80-year life expectancy will be limited to a $250,000 recovery. An 80-year-old with a five-or-six-year life expectancy would potentially be receiving the same amount in damages.

The ISBA has opposed caps on recovery consistently since 1975, because of the belief that every Iowa citizen should have an opportunity to have his or her case decided on its own merits. If damages are to be awarded, a jury of the parties’ peers should determine an appropriate award, based upon the actual facts of the case.

Here is a link to the current data on civil filings in Iowa, and here is data related to medical malpractice premiums. Please share this information when you contact your legislators to oppose these bills.

From the Iowa Lawyer Weekly

On Tuesday, February 18, The Iowa State Bar Association will host a free public event focused on elder abuse as part of the “ISBA People’s Law School” series. Topics to be discussed include:

• Types and signs of elder abuse
• Preventing and stopping elder abuse
• Resources for additional help

This event will be held at the ISBA Headquarters at 625 E. Court Ave. in Des Moines from 5:30 - 7:00 p.m. and live-streamed to local communities throughout the state.

Please help us spread the word concerning this event to your clients and communities.

QUESTIONS?
peopleslawschool@iowabar.org
515-243-3179

The ISBA Ethics and Practice Guidelines Committee recently released two new ethics opinions: 19-01 and 19-02, addressing issues that were the subject of Iowa Supreme Court Board of Professional Ethics and Conduct Opinions 88-14 (Jan. 12, 1989) and 79-70 (Sept. 14, 1979).

Ethics opinion 19-02 relates to lawyers serving as sole executors or trustees, and 19-01 relates to in-house insurance counsel representing insureds. You can read both opinions, as well as an introductory letter from the committee, by clicking here.

It is important to note that advisory opinions and practice guidelines issued by the ISBA do not have the force of law and are not binding, as Iowa law places sole responsibility for the regulation of the practice of law with the Iowa Supreme Court.

From the Iowa Lawyer Weekly

Are you making the most of your ISBA membership? Is your firm best utilizing the tools that an ISBA membership provides? Find out with a personalized visit from an ISBA staff member.

The ISBA's Assistant Executive Director Harry Shipley and Membership Engagement Coordinator Hank Hanson have made it a priority in 2020 to visit as many members as possible in order to provide an individualized assessment of which ISBA services or programs can benefit or improve their practices.

“We are not just your association, we are an extension of your office," said Hanson. "Let us help you succeed."

Some examples of underutilized ISBA services include: Discounted conference call rates, LawPay credit card processing, professional liability and health insurance packages, Career Center job listings, IowaDocs legal document library, website development discounts, Caselaw updates, CLE index, Engage section listservs, Fastcase free legal research, practice manuals, Trustifi email encryption and much more.

Please contact Membership Engagement Coordinator Hank Hanson at hhanson@iowabar.org or 515 697-7865 to schedule your ISBA member visit.

From the Iowa Lawyer Weekly

Safe Harbors and Calm Seas: Navigating Risk in Law Practice (Live Webinar)
Feb. 6
12 - 2 PM

VIEW EVENT FLYER

SPEAKERS
Theresa Garthwaite, Risk Control Specialist, Lawyers Professional Liability, CNA Global Specialty Lines
Matthew Fitterer, Risk Control Attorney, CNA Insurance

CLE CREDIT (pending)
2 state hours which includes 2 ethics hours

SPECIAL OFFER
ISBA members who attend this CLE and are CNA policy holders are eligible to receive up to a 7.5% credit on their policy premium for two policy years. The discount is per lawyer and will be applied at the next insurance renewal.

If you are insured by CNA please remember to include your CNA policy number when you are registering for this webinar. You can find your policy number at the top of your declaration page of your policy.

REGISTRATION FEES
ISBA Members  - $65
ISBA YLD Members (Years 1-3) - $35
Non-ISBA Members - $80
Law Students - Free

Sponsored by Lockton Affinity, CNA and The Iowa State Bar Association

The voting period for the election of district judicial nominating commissioners is open until Jan. 17. You should have received an email from State Court Administrator Todd Nuccio, who administers the voting process, which describes the steps to vote electronically.

To cast your vote, follow these steps:
1. Go to the website for the Office of Professional Regulation (www.iacourtcommissions.org) and log into your lawyer account by entering your username and password in the upper left corner.
2. Locate the menu category entitled “Judicial Nominating Elections.”
3. Click on the option for “Vote in Current Election."
4. On the ballot submission screen, click on the election date drop-down box and then select “January 17, 2020.”
5. Follow the instructions on the screen to cast your vote.

According to ISBA Chief Legislative Counsel Jim Carney, it is extremely important you exercise your right to vote in nominating commission elections. During the 2019 legislative session, lawmakers proposed a bill that would strip from attorneys the ability to vote in these district elections, instead giving that power to political leadership. "Use it or lose it," said Carney, warning of potential future efforts to change Iowa's judicial nominating process beyond what happened during the 2019 session.

Should you have any questions about the voting procedure, you may contact State Court Administration at dist.nominating.commis@iowacourts.gov or call 515-348-4880.

From the Iowa Lawyer Weekly

The Iowa State Bar Association has expanded its reach on social media with the introduction of a new Instagram account. Instagram-using ISBA members are invited to follow the ISBA's new page here.

The ISBA is already active on Facebook, Twitter and LinkedIn, using these platforms to push out news of interest and highlight important ISBA services or events.

If you have additional ideas for how the ISBA Communications team can connect and better share information with members, please send an email to communications@iowabar.org.

From the Iowa Lawyer Weekly

The Iowa Supreme Court is requesting public comment on proposed amendments to Chapter 23 of the Iowa Court Rules regarding time standards for case processing.

Currently, Iowa's case processing time standards are stated in terms of the length of time from filing to "commencement of trial." Since the vast majority of cases don't go to trial, the proposed amended language tracks the percentage of cases disposed from filing to "disposition." According to Acting Chief Justice David Wiggins, this approach should provide clearer guidance for judges and case managers and provide a more accurate measure of court performance.

To learn how to submit a comment on this proposed change, click here. To read the proposed amendment, click here.

From the Iowa Lawyer Weekly

The Iowa Supreme Court issued two new orders on Monday, Dec. 16, linked below:

• In the Matter of Nonsubstantive Amendments to Chapters 34, 36, and 47 of the Iowa Court Rules, plus attachments.
• In the Matter of Amendments to Iowa Rule of Electronic Procedure 16.412 Concerning Submission of Hearing and Trial Exhibits, plus attachments.

To read more recent Iowa Supreme Court orders, click here.

From the Iowa Lawyer Weekly

Want to skip the standard CLE seminars and travel the world instead? The ISBA is sponsoring several CLE Abroad trips in 2020 to Cuba, Portugal, London and Scotland.

These immersive and culturally rich programs provide a once-in-a-lifetime travel experience designed for lawyers and companions. You will engage with local scholars, attorneys and artists offering expert commentary on the country's legal and political systems, international relations, art history, architecture and religion.

• Cuba, March 14-18, 2020
• Portugal, March 26-31, 2020
• London, June 8-13, 2020
• Scotland, June 15-19, 2020

Registration deadlines for March programs (Cuba and Portugal) have been extended to Dec. 31. Early-bird discounted registration deadlines for summer programs (London and Scotland) are also Dec. 31. The ISBA is partnering with several other state bar associations to offer these trips.

For questions concerning registration, contact Laura Adams (laura@cle-abroad.com). For questions concerning program itineraries and special requests, contact Dani Perez (daniel@cle-abroad.com) or 858-336-5749.

From the Iowa Lawyer Weekly

By Jerry Schnurr, ISBA President-elect
Do you wish to be a leader who makes a difference in the legal profession? To make new connections and further your career? The Iowa State Bar Association is currently accepting applications to serve on section councils and committees for 2020-2021.

These small but incredibly influential groups are the lifeblood of our association. It is through them that we are able to provide the services that are important to our members. You may help put together CLE programs, propose legislation, create manuals and practice guides, or help the ISBA serve its members in countless other ways and shape the future of the organization.

As president-elect, I will make the appointments for the coming fiscal year. Please go to iowabar.org/SectionSignUp to submit an online application for up to three section councils or committees. Applications are due by Feb. 1. Click here to learn more about ISBA sections (you must be a member of the section to apply for the section council) and here for committees.

Each application will be evaluated, and we will announce appointments in the spring, which will become effective at the annual meeting in June 2020 when section and committees have their organizational meetings. An orientation will take place before the annual meeting.

From the Iowa Lawyer Weekly

Open a LawPay account by November 29 and your monthly fee for 12 months is waived!

GET AN ACCOUNT

A proud member benefit of The Iowa State Bar Association, LawPay gives law firms an easy way to accept client credit, debit, and eCheck payments online.

Vetted and approved by all 50 state and more than 70 local and specialty bars, LawPay is proud to be the preferred payment partner of more than 35,000 law firms.

Shifting Landscapes: Adapting Your Firm to Emerging Threats (Live Webinar)
Nov. 21
12 - 2 PM
Sponsored by Lockton Affinity, CNA and The Iowa State Bar Association

SESSION LAYOUT
Section 1: Five Steps Towards A More Professionally Responsible and More Profitable Practice
Section 2: Clients with Diminished Capacity: Rising to the Challenges of an Aging Clientele
Section 3: A Day in the Life of Lydia the Lawyer
Section 4: Cautionary Case Law

SPEAKERS
Theresa Garthwaite, Risk Control Specialist, Lawyers Professional Liability, CNA Global Specialty Lines
Sean Ginty, Risk Control Consulting Director, Lawyers Professional Liability

CLE CREDIT (approved)
2 state hours which includes 2 ethics hours

REGISTRATION FEES
ISBA Members  - $65
ISBA YLD Members (Years 1-3) - $35
Non-ISBA Members - $80
Law Students - Free

REGISTER TODAY

QUESTIONS?
Please contact the ISBA CLE Department at cle@iowabar.org or 515-697-7874.

On Tuesday, November 19, The Iowa State Bar Association will host a free public event as part of the “ISBA People’s Law School” series.

The event will focus on the basics of guardianships and conservatorships in Iowa. Topics to be discussed include:

• Types of guardianships and conservatorships
• Differences between guardianships and conservatorships
• Creation of guardianships and conservatorships
• Powers of guardians and conservators
• Guardianship and conservatorship reporting

SPEAKERS
Jennifer Donovan, Public Guardian, Iowa Department on Aging
Breanna Young, Attorney, Davis, Brown, Koehn, Shors & Roberts, P.C. (view bio)

Please help spread the word to your clients, or members of your community, about this free event. With your assistance, we can make this event a success all while further educating Iowans about their rights.

This event will be held at the ISBA Headquarters at 625 E. Court Ave. in Des Moines from 5:30 - 7:00 p.m. and live-streamed to local communities throughout the state.

Attorneys who would like to take advantage of ISBA-sponsored CLE offered in overseas locations need to register soon. The deadline to register for the five-day Cuba trip and the six-day Portugal trip is Friday, Nov. 15. The discounted early bird deadline for the London and Scotland trips is Dec. 17.

Listed below are the travel dates for each of the four trips, linked to more information and a registration form:

• Cuba -- Mar. 14-18, 2020
• Portugal -- Mar. 26-31, 2020
• London -- June 8-13, 2020
• Scotland -- June 15-19, 2020

Iowa Supreme Court Chief Justice Mark Cady recently signed orders amending several chapters of the Iowa Court Rules, most of which deal with attorney professional regulation. Most of the amendments take effect Jan. 1. The list below contains links to summaries of the changes:

• Chapter 34 (Attorney Disciplinary Board Administrative Provisions); Chapter 36 (Grievance Commission Rules of Procedure); Chapter 47 (Court Interpreter and Translator Rules):
    • Order of Adoption
    • Amendments
• Chapter 31 (Bar admission rules)
    • Order of Adoption
    • Amendments
• Chapter 41 (CLE Requirements); Chapter 42 (CLE Regulations)
    • Order of Adoption
    • Amendments

In addition to these changes, the court is also considering amendments to the Iowa Rules of Professional Conduct, Chapter 32 of the Iowa Court Rules. The comment period for this rule change has been extended to Dec. 30.

From the Lawyer Weekly

The Young Lawyers Division Parental Leave Task Force recently published a series of articles intended to inform practicing young attorneys of their basic rights related to parental leave. These are now published on the YLD resources page (scroll to bottom).

Subjects include rights under the Family Medical Leave Act, pregnancy and parenthood anti-discrimination laws, workplace breastfeeding and pumping rights and regulations, and information on short-term disability policies. There is also a checklist of considerations to make when selecting a workplace or preparing to start a family, as well as a sample motion and proposed order template for a breastfeeding mother so pumping breaks can be agreed upon by all parties ahead of a hearing or trial.

A community has been launched in the Engage platform where members can view these resources and pose questions related to parental leave policies. You can find this community under the YLD tab in the "ISBA Communities" drop-down menu in Engage.

From the Iowa Lawyer Weekly

The ISBA YLD’s popular “Ask an Advocate” forum is transforming into a more effective way to “Engage” with members of the bar.

This anonymous listserv, intended to provide new attorneys a safe space to ask questions and receive feedback, has recently migrated over to the ISBA Engage platform, which for the last year has housed all other ISBA section and committee listservs.

Current users of the forum were automatically added to the “Ask an Advocate” community in Engage, but now all members of the ISBA are invited to join, to enhance the pool of responses to new attorney questions. The forum will remain anonymous – with questions and comments only shared after identifying information has been removed.

If you are new to Engage, we encourage you to visit our help page and view the "Engage Overview" instructional video to learn how to navigate the service and set up your profile. Instructions on how to download the Engage app are also located on this page. Other how-to information can be found here.

From the Iowa Lawyer Weekly

ISBA members are now able to easily integrate email security and encryption, tracking, reverse DNS lookup and more into their email communications with Trustifi. With law firms becoming increasingly targeted by cyber criminals, this is a crucial service for attorneys who want to protect their businesses and strengthen their cybersecurity infrastructures.

Trustifi not only encrypts your emails, it also authenticates incoming emails and alerts the user when an email is identified as suspicious or fraudulent, a growing problem with the rapid rise of successful phishing schemes that demonstrate criminals are getting better at crafting fraudulent emails.

Trustifi is made available to every ISBA member at a specially negotiated discount of $25 per email account per year. For more information or to register for either the Nov. 5 (2 p.m.) or Dec. 3 (2 p.m.) training webinar, please visit www.iowabar.org/trustifi.

From the Iowa Lawyer Weekly

Fastcase, the ISBA's free legal research software, will soon be switching its platform from Fastcase 6 to Fastcase 7. Fastcase 7 offers many new features, including bottomless search results, an ever-present interactive timeline and updated visuals and search results.

You can register for “Welcome to Fastcase 7” tutorials by clicking here and selecting a date from the drop-down menu.

For help with Fastcase, contact ISBA Member Engagement Coordinator Hank Hanson at 515-697-7865 or hhanson@iowabar.org. Fastcase also has customer service reps ready to help you at 866-773-2782, Monday-Friday, 8 a.m. – 9 p.m., or by email at support@fastcase.com.

From the Iowa Lawyer Weekly

Registration is now open for spring and summer 2020 "CLE Abroad" trips, sponsored by The Iowa State Bar Association.

These immersive and culturally rich programs provide a once-in-a-lifetime travel experience designed for lawyers and companions. You will engage with local scholars, attorneys and artists offering expert commentary on the country's legal and political systems, international relations, art history, architecture and religion. The ISBA is partnering with several other state bar associations to offer these trips, so space is limited.

Register now for spring-summer 2020 programs:
• Cuba, March 14-18, 2020
• Portugal, March 26-31, 2020
• London, June 8-13, 2020
• Scotland, June 15-19, 2020

For fall 2020 programs, you may pre-register to hold a spot:
• Portugal, Oct. 11-16, 2020
• Morocco, Oct. 22-30, 2020
• Morocco, Nov. 12-20, 2020

For questions concerning registration, contact Laura Adams (laura@cle-abroad.com). For questions concerning program itineraries and special requests, contact Dani Perez (daniel@cle-abroad.com) or 858-336-5749.

From the Iowa Lawyer Weekly

New forms are now available on IowaDocs to assist you with practicing Limited Scope Representation (LSR).

Due to increasing client demand for LSR, the Access to Justice Commission recently released a tool kit to help attorneys navigate the rules for providing limited scope service, which includes written agreements and notices to protect the client and the attorney. The ISBA is now including both the tool kit and all related forms in the newest version of IowaDocs.

Forms include:
• Limited Scope of Service Agreement
• Notice of Limited Appearance Pursuant to IRCP 1.404(3)
• Notice of Completion of Limited Appearance Pursuant to IRCP 1.404(4)
• Completion of Representation Letter

To take advantage of these new forms, make sure you update your IowaDocs program today. The ISBA has also recently added information about limited-scope legal services on its IowaFindALawyer.com website.

Chief Justice Mark Cady has signed an order extending the public comment period on proposed amendments to the Iowa Rules of Professional Conduct, Chapter 32 of the Iowa Court Rules. The comment period will now close Dec. 30.

Click here to read the order and learn how to submit comments. Click here to read the proposed amendments.

The State Judicial Nominating Commission met recently to approve for publication State and District Judicial Nominating Commissions Uniform Rules of Procedure. There is now a 30-day public comment period before these rules are adopted.

The public may provide comments via email to sjnc@iowa.gov. For more information about judicial nominating commissions, click here.

The ABA Retirement Funds Program will host a free live webinar at noon on Wednesday, Sept. 25, entitled “Understanding an Important Legal Community Benefit.” The ABA retirement program was built by lawyers specifically for the legal community as a competitively priced retirement plan. The webinar will address questions such as:

• What is the ABA Retirement Funds Program?
• What makes the ABA program different from other options?
• Why should you consider the ABA program for your employer-sponsored retirement plan?
• What are the key dates and deadlines to be aware of before the end of 2019?

One of the many member benefits offered by the ISBA, the ABA Retirement Funds Program offers professional fiduciary services, a broad range of investment options and full-service administration. The ISBA has used the ABA Retirement Funds Program to provide 401K options for its staff for the last decade and has been pleased with the program.

Click on this link to learn more about the program, or contact Dwight Dinkla, ISBA executive director at ddinkla@iowabar.org. Register for the webinar here

The opportunity for Iowa attorneys to voice opinions on proposed rule changes related to attorney professional regulation is ending soon.

On Aug. 1, Iowa Supreme Court Chief Justice Mark Cady released orders requesting public comment on the following:

• The Office of Professional Regulation's Proposed Amendments to the Iowa Court Rules: Chapter 34, 36, 47;
• Amendments to Chapter 32, Iowa Rules of Professional Conduct;
• Proposed Amendments to the Bar Admission Rules in Chapter 31 of the Iowa Court Rules;
• Proposed Amendments to Chapter 41, Continuing Legal Education for Lawyers, and Chapter 42, Continuing Legal Education Regulations.

A recent webinar recorded by Nick Critelli on the substantive changes proposed to Chapter 32 of the Iowa Rules of Professional Conduct can be found here (viewing requires email registration). This presentation was sponsored by the ISBA Ethics and Practice Guidelines Committee and will not qualify for CLE credit if you did not view the original live broadcast on Monday, Sept. 16.

Comments on all of these matters are due by Sept. 30. Read the full list of orders and amendments here. There are specific details in each order on how to submit comments. 

ISBA partners with Trustifi to bring email encryption to members!

While emailing your clients is convenient, are you confident that your message is really secure? To help protect both your clients and your firm, the ISBA has partnered with Trustifi to provide a state-of-the-art encryption program that can easily integrate into your email communications.

The ISBA’s partnership enables members to purchase encryption for $25 annually, per email address. If you are interested in finding out more about this service please use the link below to signup for a 60 minute informational webinar on May 9th at 2:00 p.m. https://go.trustificorp.com/iowabar4registration