Idaho Judge Named to Panel Examining Proposition 8

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By George Prentice of Boise Weekly

An Idaho jurist will be part of a three-judge panel next week, scheduled to hear arguments in the legal battle over California’s ban on same-sex marriage.
The panel, announced Monday, includes N. Randy Smith, a federal judge on the U.S. Court of Appeals for the Ninth Circuit. Smith was associate and assistant general counsel for the J.R. Simplot Company, professor at Boise State and Chairman of the Idaho Republican Party in the 1990s. Smith was named to the federal bench by President George W. Bush.
Also on the panel will be Judge Stephen Reinhardt of California—dubbed the “lion of the left” for a career of liberal rulings—and Judge Michael Daly Hawkins of Arizona, considered a moderate.
The Ninth Circuit will hear arguments beginning Monday, Dec. 6, in the appeal of a federal judge’s ruling this summer striking down Proposition 8, the voter-approved ban on same-sex marriage.

An Idaho jurist will be part of a three-judge panel next week, scheduled to hear arguments in the legal battle over California’s ban on same-sex marriage.

The panel, announced Monday, includes N. Randy Smith, a federal judge on the U.S. Court of Appeals for the Ninth Circuit. Smith was associate and assistant general counsel for the J.R. Simplot Company, professor at Boise State and Chairman of the Idaho Republican Party in the 1990s. Smith was named to the federal bench by President George W. Bush.

Also on the panel will be Judge Stephen Reinhardt of California—dubbed the “lion of the left” for a career of liberal rulings—and Judge Michael Daly Hawkins of Arizona, considered a moderate.

The Ninth Circuit will hear arguments beginning Monday, Dec. 6, in the appeal of a federal judge’s ruling this summer striking down Proposition 8, the voter-approved ban on same-sex marriage.

Recognition

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William F. Nichols, a shareholder in White, Peterson, Gigray, Rossman, Nye & Nichols P.A. of Nampa, has been awarded the 2010 Professionalism Award for the 3rd Judicial District.
The award from the Idaho State Bar is an expression of respect, commendation and appreciation from the recipient’s peers. Nichols is the third member of the White Peterson firm to receive this honor; Terrence White received the award in 2003 and William F. Gigray III received it in 2006.
Read more: http://www.idahostatesman.com/2010/11/24/1430117/your-treasure-valley-business.html#ixzz16mpH4DJl

Nichols of Nampa awarded

William F. Nichols, a shareholder in White, Peterson, Gigray, Rossman, Nye & Nichols P.A. of Nampa, has been awarded the 2010 Professionalism Award for the 3rd Judicial District.

The award from the Idaho State Bar is an expression of respect, commendation and appreciation from the recipient’s peers. Nichols is the third member of the White Peterson firm to receive this honor; Terrence White received the award in 2003 and William F. Gigray III received it in 2006.

(Compiled by Pat Carson of The Idaho Statesman)

McFarland named pro bono award winner

The law firm of Hawley Troxell announced that the Idaho State Bar board of commissioners has selected Hawley Troxell associate Ryan McFarland as one of five winners of the Denise O’Donnell Day Pro Bono Award for performing exceptional volunteer legal work. The Idaho State Bar and Idaho Law Foundation honored McFarland and his fellow winners at the annual Resolution Meeting Nov. 17 at the Boise Centre.

McFarland, an associate in the Civil Litigation Practice Group at Hawley Troxell, was nominated for his numerous volunteer hours, especially in a difficult immigration case.

In addition to his volunteer work with the Idaho Volunteer Lawyers Program, McFarland is the 2010 chair of the J. Reuben Clark Law Society-Boise Chapter, and serves on the Salvation Army’s Treasure Valley Advisory Board.

(From the Idaho Business Review)

The Latest Tip From Merilee Marsh

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MARKETING PLAN: PLAN TO MARKET


What is your marketing plan as next year looms? Consider the following five points:

Identify your marketing goals.
Create a dynamic, adaptable marketing plan that can change as conditions/competition warrants the change. Who is your ideal target? What types of clients do you want to reach?
Build in accountability, timelines, and deadlines. Who is responsible for what portions of the marketing plan? How do your spend your marketing time?
Create strategies to go after your marketing goals. Expand your opportunities. Pursue the types of clients and prospects you prefer.
List the tactics and action steps to help you accomplish your marketing plan. Join a network or organization to extend your reach.
Implement your marketing plan and update it regularly. Enumerate, track, and monitor results.

To contact Merilee directly click here.

Recognition

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The State Bar Board of Commissioners has selected Hawley Troxell associate Ryan McFarland as one of five winners of the Denise O’Donnell Day Pro Bono Award for performing exceptional volunteer legal work. The Idaho State Bar and Idaho Law Foundation honored McFarland and his fellow winners at the annual resolution meeting this week.

McFarland, an associate in the firm’s civil-litigation practice group, was nominated for his volunteer hours, especially in a difficult immigration case. McFarland also is the 2010 chair of the J. Reuben Clark Law Society’s Boise Chapter. He serves on the Salvation Army’s Treasure Valley Advisory Board. He received his law degree from the University of Michigan and his B.A. degree from Brigham Young University.

Compiled by Pat Carson of The Idaho Statesman

Use CLE Accreditation as a Marketing Tool

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by Tim Baran of Lawyerist.com

This is not about trying to get your marketing courses accredited (that’s a rant, er, post for another time). It’s about using continuing legal education (CLE) accreditation as a tool to enhance what you already offer and broaden your potential audience.

If you’re a law firm, solo attorney, or company or entrepreneur catering to the legal profession, you need to establish yourself as an expert in your niche practice or service. How do you do that?  By presenting at conferences and other events, offering seminars, webcasts and teleconferences, blogging and engaging on social media platforms.

It seems as though most recognize this as our overflowing inbox and mailbox can attest, advertising free webinars and low cost (and not-so-low cost) 3-day conferences. How do you separate yourself from the pack? By getting CLE accreditation.

Accreditation offers three immediate advantages
1. Presumption of quality – the standards and rigorous accreditation process promotes quality assurance
2. Opportunity for lawyers to satisfy their mandatory CLE requirements –  in today’s budget-tightening times, potential registrants for continuing legal education programs are increasingly inquiring about earning credits
3. Increase program awareness and attendance – many states list the programs they accredit on their website, often with a link to the Provider’s website

Accreditation offers three immediate advantages

1. Presumption of quality – the standards and rigorous accreditation process promotes quality assurance

2. Opportunity for lawyers to satisfy their mandatory CLE requirements –  in today’s budget-tightening times, potential registrants for continuing legal education programs are increasingly inquiring about earning credits

3. Increase program awareness and attendance – many states list the programs they accredit on their website, often with a link to the Provider’s website

Mandatory CLE rules are often onerous and not terribly progressive making the accreditation process somewhat daunting. But it’s certainly doable. Although 45 states now require lawyers to fulfill a mandatory CLE requirement, the top five states, New York, California, Texas, Florida and Illinois, cover almost 50 percent of the one million plus attorneys in the United States. Start with a couple of states, or all five to get maximum exposure for your presentation. Reciprocity will grant you another few states. Then based on feedback and armed with a new understanding of the rules and administrative requirements, you can reduce or expand accreditation for your next presentation.
Practicing lawyers attend courses to stay on top of their game, with most mandated to do so. They sacrifice billable time. A CLE accredited activity provides an opportunity for lawyers to learn and earn so go ahead and accredit your presentation. Start small and expand. Or for national, multiple day conferences you can choose to start big maxing out at around 30-35 states. Your presentation can now be marketed as CLE accredited to broaden your reach and increase attendance.

The Latest Tip From Merilee Marsh

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THANKSGIVING: MARKETING FOR GOOD

How does your law firm help the community, during the holidays and throughout the year?

Some law firms connect Thanksgiving to marketing. California personal injury lawyer Rodney Mesriani, with the Mesriani Law Group, wrote in his blog, “Tips to Avoid Thanksgiving Accidents.” In the Midwest, two Wichita law firms–Martin Pringle and Foulston Siefkin–contributed to the Kansas Food Bank in time for the Thanksgiving Harvest Food Drive. In response to the Triangle Troubleshooter Thanksgiving Challenge, the Raleigh law firms of Graebe Hanna & Welborn and Manning Fulton donated to Helping Hand.

To the readers of this Weekly Marketing Tip for Attorneys who take the time to email comments about specific tips, thank you. Happy Thanksgiving!

To contact Merilee directly click here.

Idaho State Bar to Honor Federal Prosecutor Monte Stiles for Professionalism

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Monte StilesThe Idaho State Bar will present federal prosecutor Monte J. Stiles with an award for professionalism Wednesday, the U.S. Attorney’s Office in Boise announced Monday.
The award recognizes Stiles for his “outstanding courtesy, cooperation, respect, diligence, candor and competence.”
Stiles has served as a federal prosecutor in the U.S. Attorney’s Office since 1987, when he was hired to run the federal Organized Crime/Drug Enforcement Task Force. The task force is a group of agents and prosecutors who investigate and prosecute high-level drug trafficking organizations.
As a federal prosecutor for 23 years, Stiles has worked closely with foreign, federal, state and local law enforcement agencies in investigating and prosecuting major drug traffickers.
Stiles graduated from Brigham Young University Law School in 1982. He was appointed a deputy prosecutor in the Ada County Prosecutor’s Office in 1984.
Because of his expertise in international drug smuggling and money laundering, Stiles has been tapped to teach advanced narcotics and money laundering classes for the National Advocacy Center in Columbia, S.C. He’s also been an instructor for organized crime seminars in Eastern Europe; in 2010, he was one of two instructors for a week-long money laundering/asset forfeiture conference in Zagreb, Croatia.
Read more: http://www.idahostatesman.com/2010/11/15/1419582/idaho-state-bar-to-honor-federal.html#ixzz15Sfvp61l

From The Idaho Statesman

Monte Stiles

The Idaho State Bar will present federal prosecutor Monte J. Stiles with an award for professionalism Wednesday, the U.S. Attorney’s Office in Boise announced Monday.

The award recognizes Stiles for his “outstanding courtesy, cooperation, respect, diligence, candor and competence.”

Stiles has served as a federal prosecutor in the U.S. Attorney’s Office since 1987, when he was hired to run the federal Organized Crime/Drug Enforcement Task Force. The task force is a group of agents and prosecutors who investigate and prosecute high-level drug trafficking organizations.

As a federal prosecutor for 23 years, Stiles has worked closely with foreign, federal, state and local law enforcement agencies in investigating and prosecuting major drug traffickers.

Stiles graduated from Brigham Young University Law School in 1982. He was appointed a deputy prosecutor in the Ada County Prosecutor’s Office in 1984.

Because of his expertise in international drug smuggling and money laundering, Stiles has been tapped to teach advanced narcotics and money laundering classes for the National Advocacy Center in Columbia, S.C. He’s also been an instructor for organized crime seminars in Eastern Europe; in 2010, he was one of two instructors for a week-long money laundering/asset forfeiture conference in Zagreb, Croatia.

Recognition

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Best Lawyers, a peer-review publication, has named JoAnn C. Butler of Spinks Butler LLP as the “Boise Best Lawyers Land Use & Zoning Lawyer of the Year” for 2011.
Butler focuses her practice in land use, real estate and commercial law. She has represented both non-profit and for-profit developers in affordable housing tax credit transactions. Her work also includes facilitating historic rehabilitation tax credit applications.
Read more: http://www.idahostatesman.com/2010/11/13/1416846/your-treasure-valley-business.html#ixzz15SefXTbv

Compiled by Pat Carson of The Idaho Statesman:

Best Lawyers, a peer-review publication, has named JoAnn C. Butler of Spinks Butler LLP as the “Boise Best Lawyers Land Use & Zoning Lawyer of the Year” for 2011.

Butler focuses her practice in land use, real estate and commercial law. She has represented both non-profit and for-profit developers in affordable housing tax credit transactions. Her work also includes facilitating historic rehabilitation tax credit applications.

From the Idaho Business Review:

Hall Farley attorneys make ‘Best Lawyers’

Hall, Farley, Oberrecht, and Blanton attorneys Richard Hall and Donald Farley have each been named as Boise’s Lawyer of the Year for 2011 by “Best Lawyers,” a peer review publication for the legal profession

The Lawyer of the Year designation is awarded to only one lawyer in each major community, and in each specialty.

Hall was named as Lawyer of the Year for 2011 in the field of insurance and Farley was awarded the title for his work in products liability.

Negotiating Co-Counsel Arrangements

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by Susan Minsberg of Lawyerist.com

Co-counsel arrangements can be a great way to expand your practice. Negotiating the best arrangement involves knowing the right questions to ask.

Check out prospective co-counsel

Do your homework. Investigate the lawyer ahead of time by searching Avvo.com and Martindale.com. Call your lawyer friends and colleagues. Check for professional discipline through the state’s Supreme Court attorney registration or bar association, as well as Avvo. Ask the prospective co-counsel for attorney references and call those people. It would not hurt to research the references to determine their credibility.
Verify malpractice coverage as both lawyers can be held responsible for malpractice in a co-counsel relationship. Ask the prospective co-counsel for a copy of the current endorsement page of his or her malpractice policy.
Spend some time together to see if you can have a productive and comfortable working relationship. Sit down and decide who will be in charge of the file and who will be the point person with the client. Determine if you will have the same approach and strategy and whether you are philosophically aligned on the file. Discuss the division of the workload and define responsibilities. After analyzing these issues, you will have a good idea of whether or not you can work well together.

Do your homework. Investigate the lawyer ahead of time by searching Avvo.com and Martindale.com. Call your lawyer friends and colleagues. Check for professional discipline through the state’s Supreme Court attorney registration or bar association, as well as Avvo. Ask the prospective co-counsel for attorney references and call those people. It would not hurt to research the references to determine their credibility.

Verify malpractice coverage as both lawyers can be held responsible for malpractice in a co-counsel relationship. Ask the prospective co-counsel for a copy of the current endorsement page of his or her malpractice policy.

Spend some time together to see if you can have a productive and comfortable working relationship. Sit down and decide who will be in charge of the file and who will be the point person with the client. Determine if you will have the same approach and strategy and whether you are philosophically aligned on the file. Discuss the division of the workload and define responsibilities. After analyzing these issues, you will have a good idea of whether or not you can work well together.

Head off fee disputes

Most disputes in co-counsel arrangements revolve around fees. (No big surprise there.) So how do you avoid those disputes? First and foremost, enter into a written agreement. Whether you can come to terms in negotiating that agreement will also help determine whether you can work well together. Several questions must be addressed regarding fees. Determine how the work will be divided and who gets paid what and when. Decide who will hold the retainer in trust and who will send the bill to the client. Establish how expenses will be billed and paid, as well as who discusses with the client whether to incur expenses. Create a formula to determine who will be paid what amount if there is an outstanding balance and a partial payment is made. Agree on a mechanism to be used in the event of a fee disputes.  If the case involves a contingent fee, the fees division should be consistent with the work division. Fee splitting rules in each jurisdiction must be followed.

Make an honest assessment

If you do your homework, you are more likely to have a successful co-counsel relationship. And if you didn’t do your homework, you can’t say you weren’t warned!

The Latest Tip From Merilee Marsh

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QUI TAM: POSITIONING FOR PROSPECTS

Whistleblowers have law firms from which to choose. Founded by a former federal prosecutor, Pennsylvania law firm Kenney & McCafferty “represents whistleblowers nationwide in qui tam lawsuits brought under the False Claims Act.” K&M reports having worked on high profile cases, such as a $520 million settlement against AstraZeneca.

With offices in Washington, D.C., and San Francisco, Phillips & Cohen states its qui tam lawsuits “have returned more than $6.89 billion to the U.S. Treasury through civil recoveries and criminal penalties.”

Nolan & Auerbach, with four locations in Florida, California, and Pennsylvania, promises, “We are the most successful qui tam law firm exclusively limited to Healthcare Fraud under the False Claims Act.”

How do you separate your law firm from your competitors? Stake your position.

To contact Merilee directly click here.