ELECTION 2016

OBA’s unanimous electionushers in new leadership:

Meet the newly-elected leaders of the OBANo Recount Needed!

Molly Steinkemper Sean Conway Executive Committee Excecutive Committee

Vol. XXXXI No. 4

December 2016

Newsletter O m a h a B a r A s s o c i a t i o n

INSIDEPage 2…President’s Message

Page 3…OBA CLE at NSBA Annual Mtg

Page 4…Executive Director’s Column

Page 5…Moves & Milestones

Pages 6…An Invite from the Barristers

Page 7…AV Equipment & Archives

Pages 8-9…Membership Renewal

Pages 10 & 11…November Meeting with Hon. Joe Bataillon

Page 12…Omaha Law Firms by Size

Page 13…Walk through the Courts

Pages 14-15…October Meeting with CU Coach Greg McDermott

Pages 16-17…What’s Coming Up

Pages 18-19…Fall Kickoff

Page 20…Courthouse Chatter

Page 21…NePA News

Page 22…Successful Clothing Drive

Page 23…OLPA Report

Page 24…Calendar

omahabarassociation.com

and twitter!

The Omaha Bar:

Making Tracks in 2016&

Plowing Ahead in 2017

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President’s Message

Douglas F. Johnson

If you are aware of anyone within the Nebraska legal community (lawyers, law office personnel, judges, courthouse employees or law students) who suffers a sudden, catastrophic loss due to an unexpected event, illness or injury, the NSBA’s SOLACE Program can likely assist that person in some meaningful way.

Contact Mike Kinney at mkinney@ctagd.comand/or Liz Neeley at lneeley@nebar.com.

Happy Holidays OBA Members!

Do you wonder, once again, how a year can pass so quickly? I am amazed but not negative about it. Perhaps on reflection you may feel, as I do, that the reason 2017 arrives soon is because we are all busy doing the people’s work, doing it well, and enjoying life.

It’s been a pleasure to visit with so many of you at our events about your practice or your bench. As you know, judges from all courts as well as attorneys from all types of law are OBA members. Our gatherings are unique and robust, given our strength in diversity.

Besides the good you do in your respective work, many of you also volunteer for OBA service projects. Here’s a recap on that work so far this year:To date, over 2,200 hours of volunteering have been committed in the name of the effort, exemplified in legal advice and support given to hundreds of people through the Douglas County Self Help Desk and Volunteer Lawyers Project, over 10,000 meals delivered to malnourished school children in El Salvador, 395 pieces of clothing donated to Omaha-area professional clothing closets to clothe poor individuals needing clothes for job interviews,

and volunteering with over a dozen local non-profit community organizations.

While 2016 is nearing its end, the OBA’s commitment to public service will continue

in the new year, and for years to come. Thank you for donating your time and talent in the service of others.

Please enjoy this joyous season of gratitude in the tradition you follow. As persons and attorneys, please continue to model for the public and our youngest members the behavior we so respect in the bar: civility, respect, reasonableness, and decency

toward others.

I look forward to seeing you and a guest of your choosing at the Annual Wine Tasting at Brix on January 27th! Remember: cheap is good, FREE is better. BE THERE!!

How sweet it is to be a member of the OBA with you.

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OBA CLE at NSBA Annual Meeting a Hit

Ken Wentz was one of four speakers at the OBA seminar on Employment Law 101 at the Nebraska State Bar Association Annual Meeting in October.

OBA members Emma Savory, Jennifer Petersen and Kara Stockdale round out the speakers panel. Julie Tabor organized the CLE seminar. The seminar drew a full house.

Happy Holidays and a Bountiful New Year!

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Executive Director’s Column

www.omahabarassociation.com

Dave Sommers

John Slowiaczek (left), with Michael Albano (right) of Independence, MO, at the 2016 American Academy of Matrimonial Lawyers (AAML) Annual Convention in Chicago on November 4. Slowiaczek was sworn in (by Albano) as President of AAML. Congratulations, John!

As we approach the end of the year, I’m looking back on 2016 in amazement of all that’s been done. I’m also looking ahead at 2017, and am very excited for what’s to come at the OBA. We have some new initiatives and events in the works, and I can’t wait to get them out to OBA members.

Thank you to all the attorneys who donated professional clothing to our year-long clothing drive for the clothing closets

at Heartland Family Services and the Women’s Center for Advancement. I also want to extend a very special thanks to the Omaha Legal Professionals Association for stepping up and donating so many clothes. Jean Roeder, a longtime OLPA member and OBA friend, was a huge help in transporting the clothes to the OBA office. Thanks, Jean! To date, we’ve collected 450 pieces of professional clothing, including dozens of suits, dresses, jackets, shirts, pants, shoes, and more. Everyone really answered the call on this initiative. Thank YOU!

Thanks also to Jim Jansen for securing Bluejay Basketball Coach Greg McDermott as our speaker for the October membership meeting. The lunch didn’t disappoint, and was a great insight into the powerhouse team that is running through competitors (including the Huskers) so far this season. The October meeting also gave us a chance to give special

recognition to six OBA Members (and Creighton Law graduates) who have been practicing law for 50 (or more) years: Hon. William “Bill” Connolly, Roland “Rolly” Niehaus, Joseph “Joe” Leahy Jr., John “Jack” Douglas, Charles “Charlie” Gotch, and J. Terry Macnamara. Congratulations, gentlemen! Also, a thank you to our lunch’s sponsoring firm, Fraser Stryker.

The passage of Fall also means that the OBA hosted another “Walk Through the Court” program for newly admitted attorneys. The program is an invaluable guide for those just starting law practice. Thank you to Walk Through the Courts Committee: William Acosta-Trejo, Nicole Griffard, Dave Koukol, Ann Borer, Hon. Doug Johnson, Clerk of the U.S. District Court Susie Cordero, and all the presenters and judges who participated.

Thank you to NSBA President Hon. Joseph Bataillon for speaking at the November Membership Meeting and dinner welcoming the new attorneys. Your words of wisdom were right on point. Thank you as well to the firms who sponsored the reception for the new attorneys: Cassem Tierney, Koley Jessen, McGrath North, Kutak Rock, and McGill Gotsdiner.

Thank you to Julie Tabor for organizing the Employment Law 101 CLE seminar at the NSBA Annual Meeting in October, and to the CLE speakers Jennifer Petersen, Ken Wentz, Emma Savory, and Kara Stockdale.

You’ll be receiving your OBA Membership Dues Renewal notice in the mail soon, asking for you to renew for the 2017 year. On behalf of the OBA, I hope you’ll renew, and encourage your colleagues to renew (or join up) with you. We have a number of new events and initiatives next year, in addition to all our favorites.

Finally, I want to congratulate John Slowiaczek on his becoming president of the American Academy of Matrimonial Lawyers, and thank him for the invitation (via my fiancée Hannah Wooldridge) to attend his swearing-in ceremony in Chicago. Good luck on your year ahead!

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Marks Clare Richards welcomes Philip Katz as of counsel and Meagan Spomer as associate; Inserra & Kelley announces the addition of Ryan M. Sewell to the firm, and renaming to Inserra, Kelley, & Sewell; Walentine O’Toole announces the additions of Dave Wilson and Ray Aranza to the firm as partners, and Jamie Hurst to the firm as associate; Lamson Dugan welcomes new associates Joseph Borghoff, Jessica Weborg, Spencer Murphy, and Nelly Greenberg; Koenig Dunne welcomes Howard Duncan and Patrick Pitino to the firm’s newly formed Bankruptcy Section; Nebraska Legal Group announces the addition of Deja Weber and Todd Engleman; Kathleen Schmidt welcomes Ryan Steen to her office; Koley Jessen welcomes Justina Piatek, Elisa Born, John Dunn, and Amanda Angell to the firm; Kutak Rock welcomes Clete Samson as of counsel; Cline Williams’ Omaha office welcomes Michael Sholes and Jordan Hasan as associates; Fraser Stryker announces the addition of Ryan Ricke and Steven Hogan as associates; Baird Holm welcomes Vanessa Silke to the firm; Ronald Parsonage and Tom Langan II have joined Dvorak & Donavan; and Locher Pavelka welcomes Brian Israel.

ON THE MOVE MILESTONESCongratulations to the following OBA Members who were selected as part of the 2016-2017 NSBA Leadership Academy Class: Adam Buhrman, Jeremy Christensen, Elizabeth Culhane, Laura Essay, Erica Goven, Minja Herian, David A. Houghton, Kenny Jacobs, Damilola Oluyole, Shirley Peng, Sierra Poulson, Larry Roland, Sarah Smith, and Julie Tabor. John Kellogg has been awarded the Defender of Life Award by the Thomas Moore Society. Congratulations to Thomas Culhane, William Foley, Virgil Johnson, David Nielsen, Jerald Rauterkus, and Chuck Sederstrom for their selection in The Best Lawyers in America© 2017. Congratulations to Hon. Joseph Bataillon on being sworn in as President of Nebraska State Bar Association, Past OBA President J. Scott Paul on his election as the President-Elect Designate of the NSBA, and past OBA Executive Council Member Melany O’Brien for being selected as the Chair of the NSBA House of Delegates. Congratulations to Past OBA President Dave S. Houghton on his assumption of the position of vice president of the American Bar Foundation. Congratulations to the Creighton University School of Law Werner Institute on celebrating its tenth year of operation. Baird Holm congratulates Scott Moore on his election into the College of Labor and Employment Lawyers. Congratulations to Laura Essay for her induction as an American Bar Foundation Fellow.

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S U B S C R I B E

Nebraska’s Legal and Business News Since 1886

password-protected, online access available exclusively to print subscribers

call (402) 345-1303 or go to www.omahadailyrecord.com to download a subscription form

legals@omahadailyrecord.com

Nebraska’s Legal and Business News Since 1886

password-protected, online access available exclusively to print subscribers

pp

Hello Fellow OBA Members!I’d like to take one last opportunity to invite you to this year’s

Barristers’ Christmas Show (“The Show”) on December 15th. If you’ve made it to The Show in the past, you know it’s an enjoyable evening, and all in good fun.

This year’s Show should be as funny as ever. And in case we don’t deliver on that claim, we’ve upgraded the booze selection…so you may not even notice!

I know what you’re saying to yourself right now. You’re saying, “This Patrick guy has me convinced I should attend The Show. But how do I buy my ticket?”

Tickets are available online at EventBrite.com – just search “Omaha Barristers.”

Also, some of our fellow Barristers will also be selling tickets around the courthouse and at various firms.

Don’t know a Barrister and can’t figure out the internet? No sweat. Tickets are available for pickup at 2 locations as well:

1. McNamara Law Firm, 17220 Wright Street, Suite 120, Omaha, NE 68130, and

2. The Daily Record, 3323 Leavenworth Street, Omaha, NE 68105.

This Year’s show is December 15th at 5pm at the Scoular Ballroom, 2027 Dodge Street. Tickets are $65.

We look forward to seeing you at The Show!Patrick “The Met” McNamaraEl PresidenteOmaha Barristers Club

Barristers’ Christmas Show Invite

EDITOR’S NOTE:“The article was included for the digital edition of the OBA Newsletter, which was emailed to all members before the Barristers Show on December 15th. Those reading the paper copy will recognize that the event has already occurred. The OBA hopes many of you were able to make it out to the show, and

support our local comedy troupe of attorneys.” “The article was included for the digital edition of the OBA Newsletter, which was emailed to all members before the Barristers Show on December 15th. Those reading the paper copy will recognize that the event has already occurred. The OBA hopes many of you were able to make it out to the show, and support our local comedy troupe of attorneys.”

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From the Archives

Online Historical Picture Archive Continues to Grow

In a follow up to the story run in the September 2015 OBA Newsletter, the OBA staff is continuing to add hundreds of photos to the online picture archive every month. These photos have been stored in boxes for years, and it’s our pleasure to make them available to our OBA members online, via our website, www.omahabarassociation.com.

For a trip down memory lane, or to find an unflattering hairstyle of one of your colleagues, simply log in (using your username and password), click on the “OBA Picture Archive” on the drop-down menu under “News”.

Contact Dave Sommers (dave@omahabarassociation.com) if you need help with your log in credentials.

Courtroom Audio Visual Equipment for Rent Gets

Upgrade

Since 2009, the Omaha Bar Association has offered rental of A/V equipment in the Douglas County Courthouse for jury and bench trials. Counsel use the equipment to play a video, show a picture, present a PowerPoint, or use visual aids via an ELMO unit. The equipment has been used over 100 times, and OBA members enjoy a significant discount on their rental price.

In conjunction with the Douglas County Courts, the OBA is working to upgrade the equipment for rent, including new 60 inch “smart” TVs, a new ELMO, monitors, computer adapters, and more. The new setup should be in place in January 2017. The OBA would like to thank Douglas County Administrators Doug Johnson and Bob Gast for their help in the upgrade process.

More information on the rates and rental agreement can be found on the bottom of the OBA website homepage (www.omahabarassociation.com).

OBA Members The OBA Lawyer Referral Service is seeking additional attorneys

in the following practice areas:Federal Worker’s Compensation

Federal and General Employment LawSchool Law

Municipal LawAdministrative Law

ForeclosurePlease call Donna at (402)280-3606 for more details.

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OFFICERS HON. DOUGLAS F. JOHNSON President ANNE MARIE O’BRIEN President Elect PATRICK S. COOPER Secretary LARRY ROLAND Treasurer AARON C. WEGNER Treasurer Elect

OMAHA BAR ASSOCIATION

2133 California ● Omaha, Nebraska 68178 www.omahabarassociation.com

JOHN A. MENICUCCI, JR Immediate Past President KENNETH M. WENTZ, III Immediate Past Treasurer EXECUTIVE COUNCIL Richard L. Lydick Monica L. Freeman William J. Acosta-Trejo Natasha M. Preston Sean M. Conway Molly J. Steinkemper EXECUTIVE DIRECTOR Dave Sommers, Esq. Phone: 280-3607 Fax: 280-3608 omahabarassociation@creighton.edu

December 7, 2016

RE: MEMBERSHIP RENEWAL FOR 2017 Dear OBA Members: Thank you for your membership in the Omaha Bar Association in 2016. I hope you were able to attend at least one or two of the 20+ events we held around town. In 2017, we will continue our traditionally popular events, such as the Wine Tasting, Lunch with Fenner, Annual Ethics Seminar, Law Day Lunch, Field Day, and the Fall Kickoff BBQ, while continuing our innovative offerings from the Young Lawyers Division (YLD), such as the “Back to the Basics” CLE series, and fun social events throughout the year. Additionally, the OBA is looking forward to strengthening the online connections between members, with the launch of a new social media platform integrated into our website. The top priority of the Omaha Bar Association continues to be serving the needs of our members by providing relevant, valuable, and entertaining programming and services. Examples of the value of OBA membership include:

• Invitation and discounted rates to attend all OBA events with other lawyers and judges, including those for members only;

• Free attendance to 2.5 hour ethics CLE in April (a $75 value); • Free or reduced cost of attendance at other CLE (a $175 value for 2016); • Subscription to the OBA Newsletter, delivered quarterly; • Eligibility to join the OBA Lawyer Referral Service for reduced cost; • Opportunity to take on committee and Bar leadership roles; • Access to our member-to-member mentorship program; • Access to OBA website and members-only information; and • Discount on Courthouse Equipment Rental.

I write today to ask you to consider renewing your membership with the Omaha Bar Association for the 2017 calendar year. If you have any questions or concerns, please don’t hesitate to call or email OBA Executive Director Dave Sommers directly. The OBA looks forward to your continued membership, and seeing you in 2017!

Best wishes,

Hon. Douglas F. Johnson President, Omaha Bar Association

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OMAHA BAR ASSOCIATION

2017 CALENDAR YEAR - DUES STATEMENT AND MEMBERSHIP APPLICATION

Make all remittances to: Omaha Bar Association 2133 California Plaza, Suite 150 Omaha, Nebraska 68178

E-mail: ____________________________________ Phone: ______________________ PLEASE CHECK APPROPRIATE BOX: o Student Associate Memberships

Gratis. 2L & 3Ls only.

o Newly Admitted Attorneys – Gratis. Will not be charged dues until after December 31 of the year in which they are FIRST admitted to law practice (need not be Nebraska).

o Judges – Gratis. o Inactive/Retired Attorneys – $82.50.

Must have inactive status with the NSBA.

ATTORNEYS ADMITTED TO PRACTICE: o Fewer than 5 years

$80. Includes 2012 admittees.

o 5 years or more $165. Includes 2011 admittees

o 50-year member – $80.

Graduated from (or currently attending) ________________________________ Law School. First admitted to practice in (state) ___________ (year) ______. All Bar Numbers__________. Year of Birth, if 35 or under: ______________ (Needed to Determine Membership in Young Lawyers Division) Current category listing:__________ (a) Corporate Counsel Attorney (b) Government Attorney (c) Large Firm Attorney (10 Attorneys and over) (d) Small Firm Attorney (9 Attorneys and under) or Sole Practitioner (e) Estate and Trust Department (f) Other/Explain _____________________________________________________ OBA Newsletter Delivery Preference: □ Digital Copy (Via Email) □ Paper Copy (Via US Mail) □ Both Digital and Paper

PLEASE FILL IN ANY MISSING INFORMATION AND/OR

CHANGE ANY INFORMATION THAT IS INCORRECT AND RETURN THIS FORM TO THE OBA OFFICE WITH YOUR DUES PAYMENT. TO PAY VIA CREDIT CARD, PLEASE EMAIL DAVE AT DAVE@OMAHABARASSOCIATION.COM. THANK YOU!

Name: Firm: Address:

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The Omaha Bar Association would like to welcome the new graduates who have become OBA members. At the November monthly meeting, the admittees were invited to a reception in their honor, and to the dinner as OBA guests. As new lawyers, the membership costs are waived through the end of the calendar year, and $80 for each year for the following 4 years. Also, first year membership in our Lawyer Referral Service is just $50 for new attorneys.Congratulations to:Joseph BorghoffElisa BornLucrece BundyDaniel Cummings

Jessica DoddJohn FraczekNelly GreebergJake HarbergSteve Hogan

The Omaha Bar Association Welcomes New GradsJon HorneberBrian IsraelBrent MeyerDean MueggenbergSpencer Murphy

Justina PiatekAlex RainvilleNick RemkesRyan RickeAllison Rockey

Brianna SorensenLily SpaderTiffany ThompsonJessica WeborgBenjamin White

November’s Membership Meeting Facilitates Beginning of Beautiful Friendships

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NSBA President (and past president of the OBA) Hon. Joseph Bataillon spoke at the November Membership Meeting and dinner welcoming the new attorneys. He reminisced about being a “censor” for the Barristers’ Christmas Party Show after he “aged out” of membership, and other anecdotes before giving the new lawyers a few pearls of wisdom as they begin their careers in the law.

Thanks go as well to the firms who sponsored the reception for the new attorneys: Cassem Tierney, Koley Jessen, McGrath North, Kutak Rock, and McGill Gotsdiner.

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Walk through the CourtsAn annual opportunity from the OBA for new

lawyers to get the lay of the land.

(11) Engles Ketcham – 21 (11) City of Omaha – 21(14) Legal Aid of Nebraska – 20 (est.)(15) Cline Williams – 19(15) Abrahams Kaslow – 19(15) McGill Gotsdiner – 19 (18) Dvorak & Donovan – 18(18) Pansing Hogan – 18(18) U.S. Attorney’s Office – 18(21) Husch Blackwell – 17 (21) Jackson Lewis – 17 (23) Fitzgerald Schorr – 13(23) Walentine O’Toole – 13(23) Cassem Tierney – 13(23) Croker Huck – 13(27) Houghton Bradford – 12(27) Locher Pavelka – 12(27) Sodoro Daly – 12(30) Smith Slusky – 11

After a hiatus of at least 5 years, the OBA has brought back the listing of the size of law offices in Omaha. Culled from law firm websites, bar directories, and telephone calls, this list represents our best effort to count all the attorneys in all the offices with 10 or more attorneys in Omaha.

Number of Attorneys Employed in Omaha*(1) Kutak Rock – 171 (2) Fidelity National Title Group – 125 (est.) (3) Baird Holm – 83 (4) McGrath North – 72 (5) Koley Jessen – 68 (6) Douglas County Attorney’s Office – 60 (est.) (7) Fraser Stryker – 54 (8) Douglas County Public Defender’s Office – 51 (9) Lamson Dugan – 39 (10) Erickson Sederstrom – 25 (11) Gross & Welch – 21

(30) Dornan Lustgarten – 11(30) Carlson Burnett – 11(30) Stinson Leonard – 11 (33) Suiter Swantz – 10(33) Schaefer Shapiro – 10(33) Hauptman O’Brien – 10(33) Justice For Our Neighbors – 10(33) Federal Public Defender’s Office – 10

*NOTE: Of Counsel was not separated out on this list. Apologies to Union Pacific, Mutual of Omaha, National Indemnity, West, PayPal, and other corporate legal departments; we weren’t able to get an accurate count for those offices.

‘Sizing Up Local Law Offices’

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We appreciate your Membership!

11620 M Circle, Omaha, NE 68137402-898-7361 • Fax 402-896-6331

www.SafeNebraska.org

Your Safety. Our Priority.

ATTENTION ATTORNEYS:Be proactive - get your clients help before they see the judge!National Safety Council, Nebraska programs are used by the Douglas County Court and approved by the state of Nebraska Probation Department for diversion and probation.

PROBATION OPPORTUNITIESDUI First Offender Program (English & Spanish)10 hours, two 3 1/2 hour sessions 6pm-9:30pm and one 3 hour session 6pm-9pm ..............................Tuition: $169Includes Victim Impact Panel.

DIVERSION OPPORTUNITIESAlcohol Education/Minor in Possession (English & Spanish)8 hours, one session, 8am-5pm ...................................Tuition: $79

Adult Anger Management9 hours, three sessions, 6pm-9pm ..............................Tuition: $119Spanish Adult Anger Management (call for details)

Juvenile/Teen Anger Management9 hours, three sessions, 6pm-9pm ...............................Tuition: $79

Appropriate Decision Making for Adults8 hours, one session, 8am-5pm ...................................Tuition: $99 Spanish Decision Making for Adults (call for details)

Appropriate Decision Making for Teens8 hours, one session 8am-4pm or two sessions 6pm-10pm ..........................................Tuition: $79

TRAFFIC TICKET DISMISSAL PROGRAMS4-Hour Defensive Driving (STOP)

8-Hour Defensive Driving (STAR/ADD)

This fall, OBA hosted another “Walk Through the Court” program for newly admitted attorneys. The program is an invaluable guide for those just starting law practice. The Walk Through the Courts Committee included William Acosta-Trejo, Nicole Griffard, Dave Koukol, Ann Borer, Hon. Doug Johnson, Clerk of the U.S. District Court Susie Cordero, as well as a number of presenters and judges who participated at the Douglas County Courthouse and the Federal Courthouse.

A very special thanks goes to Dave Koukol (above), who has coordinated the event for 20+ years. He is stepping down and handing the reins to not one, but two, OBA members – Sean Conway and Joe Bradley – since it was obvious that one person could not replace him adequately! Thanks Dave!

It Takes a Village…

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OBA’s October Membership Lunch

Special Guest Speaker: Creighton Basketball Coach Greg McDermott

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Six OBA Members (and Creighton Law graduates) who have been practicing law for 50 (or more) years, were honored at the luncheon.

Below: Congratulations (from left) to John “Jack” Douglas, Joseph “Joe” Leahy Jr., Roland “Rolly” Niehaus, Hon. William “Bill” Connolly, Charles “Charlie” Gotch, and J. Terry Macnamara.

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1st Annual “Pizza Review” Presented by the OBA’s Young Lawyers Division

Thursday, January 12, 20176:00 – 9:00 p.m.

Beercade’s Party Room$10 per attendee

What’s Coming Up?

17th Annual Wine and Beer Tasting

Brix at Village PointeFriday, January 27, 2017

Free for OBA Members (plus one guest)

Board Game Throw DownPresented by the

OBA Young Lawyers DivisionSpielbound Cafe

Thursday, February 23, 2017

22nd Annual “Lunch with Fenner”Wednesday, March 1, 2017

Creighton University Harper Center Ballroom

Creighton University School of Law / OBA

11th Annual Seminar on Ethics and Professionalism

Friday, April 7, 2017Creighton University Harper Center

Hixson Lied Auditorium2 Hours of Ethics CLE

FREE for OBA Members

2017 Law Day LunchThe 14th Amendment:

Transforming American Democracy

Tuesday, May 2, 2017Omaha Marriott (Regency)

OBA Field DayChampions Run Golf Course

July 24, 2017

Medical Legal DinnerTuesday, March 14, 2017

Omaha Marriott (Regency)

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“Just The Basics” CLE Series

All atCorkscrew Wine & Cheese (Blackstone District Location)

4:00 – 5:00 p.m.

$10 per OBA Member per event/$25 per non member per event

• January 18, 2017 – Expert Witnesses

• February 7, 2017 – Estate Planning and Tax Law

• March 22, 2017 – Personal Injury Law

• July 19, 2017 – Divorce Law

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OBA FALL KICKOFF

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By Judge John Jaybird

Lawyers seem to want to know what judges think about them. I am not sure whether they really want to know or they are just blowing smoke in the off chance they will appear before the newly puffed upon judge. Assuming you really want to know, this column may provide some insight into what judges think. Unlike a local high profile blogger colleague, this columnist will use a nom de plume, to protect the guilty. The First Amendment only offers limited protection and it does not do anything for the judicial appearance of impropriety. Accordingly, an appropriate pseudonym is in order.

Chief Justice John Jay was one of the pillars of American jurisprudence. He was a proverbial judge’s judge. Not only was he the first Chief Justice of the U.S. Supreme Court but, more significantly for these purposes, he too used a pseudonym as one of the authors of the Federalist Papers. (Not that writing for the OBA Newsletter is equivalent to the Federalist Papers.)

Jay was a politician, delegate to and president of the Continental Congress, governor, diplomat and judge. So it is, Judge John Jaybird. It is an homage to the first chief justice. It is alliterative. And, importantly, it has a hint of local flavor. Hopefully, this column will help practitioners refine their trial practice or at least chuckle while they read it.

On to the topic: some clues about the relationship between judges, lawyers and trial practice.

Last week during a criminal case, I had the unpleasant task of dealing with a pair of unprepared, not so novice, lawyers. Neither showed up on time nor apologized for being late. Neither had the necessary paperwork completed on arrival. The plea agreement was full of typographical errors rendering it incomprehensible. Neither bothered to directly look at me when addressing the court. One was joking with the court reporter and bailiff about some nonsense, as I took the bench while the defendant presumably contemplated one of the biggest decisions in his life.

Disappointing is the failure of the attorneys to appreciate how serious this case is to the defendant, the public and the victim(s). Most judges do not take on the task of berating lawyers in open court. It only exacerbates the problems witnessed by the parties. It also further undermines the attorney-client relationship. The judicial evaluation poll also looms large over some of my colleagues. Berating lawyers is a formula for a bad judicial evaluation or a contested retention election.

God forbid I tell a lawyer it is hard for my court reporter or me to understand them when they talk into their chests, mumble or fumble around with a sheave of disorganized papers. A bolt from the lawyer gods may strike me dead, if I publicly scoff at disjointed unorganized arguments.

Apparently these lawyers do not believe their clients know any better. Let me assure you, this may be the client’s or witness’ first time in court but they assuredly know the difference between a prepared lawyer and a disorganized babbling doofus.

Doctors, dentists, even plumbers, command respect because they perform a service the average person cannot do without. The same holds true for a lawyer. An attorney’s most marketable asset is knowledge about a serious and important process that the average person cannot undertake. A prepared and respectful lawyer is essential to a client’s appreciation of her lawyer’s value.

If the lawyers do not show the court respect, it is likely their clients will do the same. The entire system endures only if the parties think they received a fair hearing, win or lose. If the lawyer does not appear to respect the court then, undoubtedly, clients will not respect the court or their lawyer. I suggest a little formality in the courtroom and a modicum of preparedness goes a long way to promote respect for all of us, the lawyers, the judges, the witnesses, the jurors and the court staff. God knows the courthouse is not a church, especially with all the characters who regularly parade through it. But it would not hurt us to show more reverence for the institution once inside the courthouse. After all, even Quasimodo was respectful inside the cathedral.

Courthouse Chatter

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Nebraska Paralegal Association News

Editor’s Correction: In the September Newsletter edition, the NePA article incorrectly described NePA member

(and OBA Law Day Committee Member) Nicole Day. Ms. Day has earned her Certified Paralegal designation, and is

employed by Douglas County.

By: Jill Lorkovic

The Nebraska Paralegal Association (“NePA”) held its 2016 Recognition Breakfast, Annual Meeting and Fall Seminar on September 22nd and 23rd at UNO’s Thomson Center. The two-day event kicked off with Deborah R. Gilg, Esq., Nebraska’s first female United States Attorney, who shared an empowering keynote speech during breakfast. NePA invites paralegals, attorneys, and law firm management from across the State to attend the Recognition Breakfast. Following the Breakfast, NePA conducted its formal business in its Annual Meeting and Officer Elections. NePA named the following officers for 2016-2017:

• Teri Gibbons, President

• Laurie Vik, ACP, Past President

• Bridget M. Stuhr, CP, President-Elect

• Andrea Maldonado ACP, Vice-President

• Lauriel L. Nelson, Secretary

• Caryn Redding, CP, Treasurer

• Sandi Armstrong, CP, District 1 Director

• Angel Younger, ACP, NALA Liaison

• Ruth Bahr, CP, Website Administrator

• Jill Lorkovic, Publications Editor

Following the Annual Meeting and Officer Elections, the seminar included topics from speakers that provided 10 CLE hours for paralegals.

These professionals shared relevant subject matter in these focus areas:

• Mark Langan, VP Field Operations – Nebraska Humane Society: Busting Bad Guys – Tales from Retired Omaha Police Department Sgt. Mark Langan

• Annette Brown, ACP - Director NALA, Rocky Mountain Elk Foundation: Professional Development Opportunities with NALA

• Joseph Kavan, Kutak Rock LLP: Federal Firearms Laws and Regulation• Laurie Kelly and Alan Everett, U.S. Attorney’s Office: Civil and Criminal Health Care Enforcement in Nebraska• James A. Tews, Koley Jessen P.C., L.L.O.: ABLE Account Basics; Where Are We With LB 72 Matters?, Dying Remains Complicated! and Basis Consistency, Reporting Requirements & IRS Form 8971• Shela Shanks, Counsel on UPL, Nebraska Supreme Court: Avoiding the Unauthorized Practice of Law

• Patricia L. Vannoy and J.L. Spray, Mattson Ricketts Law Firm: Bad Brokers and Bad Products: How to Spot Problems in the Financial Industry that May Affect Your Clients, Your Family, and Even You

• David A. Yudelson, Koley Jessen P.C., L.L.O. : Use of Social Media in the Practice of Law

• Eva Roeber, Chief Deputy of the Bankruptcy Court and Lisa Smith, Deputy in Charge – Bankruptcy Court: Bankruptcy Clerk Panel: A Perspective from the Front Line

• Donna Robinson, Baird Holm LLP: Advanced Excel Training

For more information on NePA events, membership and career opportunities, visit our website, read our e-zine the In Brief on our website at www.nebraskaparalegal.org, and check us out on Facebook at https://www.facebook.com/#!/pages/Nebraska-Paralegal-Association-NePA/101739993223184

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Thank you to all the attorneys who donated professional clothing to our year-long clothing drive for the clothing closets at Heartland Family Services and the Women’s Center for Advancement. I also want to extend a very special thanks to the Omaha Legal Professionals Association for stepping up and donating so many clothes. Jean Roeder, a longtime OLPA member and OBA friend, was

a huge help in transporting the clothes to the OBA office. Thanks, Jean! Thanks to the Omaha Legal Professionals Association and their president Lynda Henningsen for their contributions too. To date, we’ve collected 450 pieces of professional clothing, including dozens of suits, dresses, jackets, shirts, pants, shoes, and more. Everyone really answered the call on this initiative. Thank YOU!

It all adds up! To 450 items that is!

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By Lynda Henningsen, President

OMAHA LEGAL PROFESSIONALS ASSN.

Hard to believe that it is almost the end of the year and that the Holidays are upon us. The Omaha Legal Professionals Association (OLPA) has had a busy year. Our members have given us excellent monthly programs, seminars, fun social events and of course, opportunities to give back.This season, we joined the Omaha Bar Association in collecting appropriate apparel and accessories to donate to local centers or organizations operating career closets. Scholarships were again given this year to two students who are taking college level classes in legal education, and three eighth graders from the metro area were also selected and honored for their essays during the Omaha Bar Association’s annual Law Day celebration. And last, but certainly not least, we are continuing our efforts in donating pop tabs to the Ronald McDonald House. Over the past five years, OLPA members have donated more than a million tabs! This project has been so successful that it continues on as a project for our state organization, Nebraska Legal Professionals Association.

t t t tNext year will also be a busy one for OLPA as we will be celebrating our 20th Anniversary as an organization. Over the past years, we have honored our Association’s Legal

Professional of the Year, Boss of the Year and our Oscar Award winner, given in recognition of outstanding loyalty, service and attendance to our organization. Our 20th

Anniversary celebration on April 19, 2017 will once again honor new award recipients as well as recognize those from the past. The Honorable Joseph F. Bataillon will be our speaker.Our January 18, 2017, our speaker will be Jodi Adams, Crime Scene Investigator from the Douglas County Sheriff’s office. The February 15, 2017, speaker will be Officer Devin Crinklaw of the Omaha Police Department, who will be giving us a presentation on Active Shooter Training. If you know of anyone who might be

interested in coming to hear either of these excellent presenters, please contact our membership chair, Shirley Simmonds at 402.334.1400, sbrdlaw@aol.com.

t t t tPart of OLPA’S Mission Statement reads “....to further our knowledge of the law and uphold its honor and dignity; …” That is what we as an organization are about. During this holiday season, to all of you who serve our legal community our thanks to you and here’s wishing you the season’s best.

‘Tis the Season!

Omaha Bar Association

Newsletter

Managing Editors:Stephen M. BrucknerDavid RileyDave Sommers

Contributing Reporters:Jill Lorkovic Lynda HenningsenHon. Doug JohnsonDave Sommers

Photographers:Donna Birkby, Lorraine Boyd, and Dave SommersSome photos courtesy of The Daily Record

Design by: Lorraine Boyd, Avant Garde Publications

Printed by: Elman & Co.

CALENDAR

Omaha Bar AssociationNEWSLETTEROmaha Bar Association2133 California StreetOmaha, Nebraska 68178

PRSRT STDU.S. POSTAGE

PAIDOMAHA, NE

PERMIT NO. 1025

January 2017

12 Thursday YLD Pizza Review Beercade in Benson

18 Wednesday “Just the Basics” CLE on Expert Witnesses Corkscrew Wine & Cheese in Blackstone

27 Friday 17th Annual Wine & Beer Tasting Brix at Village PointeFebruary 2017

7 Tuesday “Just the Basics” CLE on Estate Planning & Tax Corkscrew Wine & Cheese in Blackstone

23 Thursday Board Game Throw Down Spielbound Board Game CafeMarch 2017

1 Wednesday 22nd Annual “Lunch with Fenner” Creighton University Harper Center Ballroom

14 Tuesday Medical Legal Dinner Omaha Marriott (Regency)

22 Wednesday “Just the Basics” CLE on Personal Injury Corkscrew Wine & Cheese in Blackstone

Please check the calendar on the OBA’s Website for more details on upcoming scheduled events.

Copyright © 2016 by Omaha Bar Association