Hawley Troxell partner Kenneth Howell was elected to the College of Idaho’s Board of Trustees. His four-year term began January 1. Howell previously served on the College of Idaho’s Board for 14 years, two years of which he served as chairman. Before serving on the board, Howell served as president of the College of Idaho National Alumni Association.

During Howell’s past tenure, he was heavily involved with the transition of College of Idaho presidents, a $50 million gift from the J.A. and Kathryn Albertson Foundation and many other initiatives.

Tamara L. Boeck was elected partner in Stoel Rives LLP law firm’s Boise office. Boeck represents diverse clients in the areas of construction law and litigation, providing risk management advice relating to construction development projects from concept through dispute resolution. Boeck works with clients on a wide variety of projects including commercial, residential and mixed-use projects.

Boise’s Concordia University School of Law is ready to receive its first class in the Fall of 2012. The ribbon cutting at the University and the George R. White Law Library took place yesterday. The building, which began construction in June 2010, is now complete. In January 2011, a $1 million gift was received by the University from local philanthropist and businessman George R. White and his wife, Geri. The Library will contain over 20,000 volumes in roughly 20,000 square feet.

The school is affiliated with Concordia’s Portland university, part of the Lutheran Church-Missouri Synod.

Dean Cathy Silak expects 75 to 95 students to start next Fall; applications are accepted online starting November 1st. Initially there will be 6 faculty members and several adjunct faculty.

Idaho will be adopting a new bar exam in February 2012. The Uniform Bar Exam (UBE) is a two-day test that allows for reciprocity with other UBE states. States that currently use the UBE include Alabama, Missouri and North Dakota. Washington will adopt the new test in July 2013.

“We’re assuming that over time more states will adopt the UBE,” Diane Minnich, executive director of the Idaho State Bar said.

(From the Idaho Business Review)

Hawley Troxell Hires Attorney Bret Busacker

Bret Busacker

Bret Busacker has joined Hawley Troxell as Of Counsel. Busacker is a tax lawyer specializing in employee benefits, ERISA, executive compensation and related tax areas.

He joins the law firm’s Tax Practice Group.

He is a former partner at Thompson, Hine, LLP in Cincinnati, Ohio, where he designed, drafted and amended benefit plans and executive arrangements; advised plan sponsors and plan service providers; counseled benefit plan fiduciaries on tax and ERISA compliance requirements; advised on compensation and benefits aspects of mergers, acquisitions, and bankruptcies; counseled publicly-traded employers and nonprofit/charitable organizations.

Kluksdal Honored for Service to Bar, Foundation

Paula Kluksdal

The board of commissioners of the Idaho State Bar will honor Hawley Troxell partner Paula Landholm Kluksdal with a special service award on July 14 during the Idaho State Bar’s Annual Meeting in Sun Valley.

The award recognizes Kluksdal’s contributions to the improvement of the legal profession, particularly to the Fourth District Bar Association and the Partners Against Domestic Violence Project.

Kluksdal focuses her practice in the areas of real estate and finance. She represents a wide variety of lenders and borrowers in the documentation and due diligence necessary for securitized lending, compliance with Idaho’s commercial lending regulations, loan documentation, and collection.

In addition to extensive experience in the negotiation and drafting of legal opinions on commercial lending laws, she actively represents various municipalities and 501c(3) borrowers in negotiation, documentation and compliance in connection with public finance transactions.

The Lawyerist.com will be hosting a webinar this Thursday titled “How (and why) to Build a Niche Practice.” According to their website, they “will discuss why solo and small law firms shouldn’t be “general” practitioners, and how they can build successful, targeted niche practices.”

We’ve never participated in one of their webinars, but they’re worth a look as far as we’re concerned. To find out more information, or to sign up, go here. They also have a selection of past webinars you can watch including “Alternative Billing,” “Marketing 101: Branding Basics,” and “The Portable (Law) Office.”

Compiled by Pat Carson of The Idaho Statesman

The law firm of Greener Burke Shoemaker said two of its partners, Richard H. Greener and Christopher C. Burke, have been selected as distinguished attorneys in their areas of practice by the Mountain States Super Lawyers 2010 publication.

These honorees are selected by fellow attorneys in Idaho, Nevada, Utah, Montana and Wyoming.

Greener was recognized as one of the top 75 lawyers practicing in the five states and was rated as distinguished in business litigation. Burke was rated as distinguished in personal injury defense – products.

Author: Steve Graham

     Idaho has had a new rash of hate crimes in the last year.  Last Friday, Brittany Edelblute’s Subaru was spray painted with swastikas.   In an article in the Spokesman-Review, it was explained that Brittany Edelblute was apparently targeted because she has friends who are African-American that come by her house.  She has had a problem of people shouting racial slurs while they drive by.  I blogged about a similar incident last month against Haitham Joudeh.   In the news coverage last month in the Coeur D’Alene Press, the comment section was full of hateful comments.   The whole story was later taken down.  This time, the Coeur D’Alene Press did not post a story online about the crime against Brittany Edelblute.   Last month, a majority of the people making comments online accused Haitham Joudeh of vandalizing his own car just to get sympathy.

     Why does this stuff always happen in North Idaho?  I don’t think it is just happenstance. It seems that the people in power over there inadvertently foster such behavior by their own actions.  Look at the shabby way Kootenai County Commissioners Rick Currie, Todd Tondee and Richard Piazza treated Haitham Joudeh.  Haitham Joudeh, an Idaho native of middle-eastern descent, sought a building permit.  The local Planning Department did not object to the project.  In addition, after a lengthy public hearing where all sides were held, the Hearing Examiner Rebecca A. Zanetti recommended that the permit be approved.  But neighbors put together an anti-Joudeh rally against the applicant, and the county commissioners bowed to pressure and rejected the permit.   Haitham Joudeh complained that during the rally and the public hearing, many negative comments were made about his religion and ancestry.   Commissioner Rick Currie is a member of the Mica Grange, the group that allegedly held the anti-Joudeh rally.   Currie boasts of his membership to this group on his re-election website.

     I have done a fair amount of land-use law in my practice, and that sure seems seems strange that the county commissioners would not approve a permit when the experts did not see a problem with it.  And if the commissioners are affiliated with groups opposing the permit, they have a duty to step down and appoint a neutral decision maker.

Re-Posted with permission of the author, attorney  Chuck Peterson of Peterson Law Office.  http://www.idahocriminaldefenselaw.com/ 

     This week’s first call from a potential client posed the question: Why do federal investigations take so long? Long is right! I am involved in a fraud case in federal court (potentially) that began nearly 5 years ago, and like that rabbit it just keeps going and going and going and – well you get it. Federal prosecutors are like great gift givers at Christmas. By the time you get their “package” it is so tightly “wrapped” (resulting from a long, thorough investigation) that you seldom have a chance to get to the goods in one piece. Those long, thorough investigations result in very thorough indictments, and complex trials in federal court.

     Federal investigators have unlimited investigative resources when investigating federal crimes. They use wiretaps, surveillance, monitoring of computer and banking records, and they love informants. As a result, federal investigations frequently take months and years and seldom involve mistakes or sloppy work, unless those informants have gotten sloppy.

     And let’s not forget the darling of every federal prosecutor – conspiracy. In almost every federal criminal case you will find a conspiracy charge, to give the feds even greater investigative leverage. A charge of conspiracy changes the rules. That out of court statement made by your brother is suddenly admissible at trial because of the co-conspirator exception to the hearsay rule. Other defendants making plea bargains may claim you are guilty of crimes you did not commit or are only partially responsible for, based on hearsay and their motive to avoid a stiff sentence.

     So what to do if facing a federal investigation? Here are my top three tips:

     First – hunker down and be willing to endure. You can seldom change the course or scope of a federal investigation, whether you are suspected of some type of fraud or an obscure federal criminal tax violation. So settle in and hope to wait them out. It happens! Sometimes they find a bigger fish to follow and lose interest in your problems.

     Second – get the best legal help you can afford. ONLY hire an experienced criminal defense lawyer who has spent time trying criminal cases in federal court. Ask him or her specifics about federal criminal trials and do not settle for someone who has never WON a federal criminal trial.  You do not need a novice or a generalist – your life and liberty are on the line.

     Federal criminal trials are different from state or local criminal prosecutions. They are more complex, they take longer to get to trial and you start at an investigative disadvantage because of the length of time the United States has taken to investigate before filing that criminal case.

     Finally – do not talk about the case with others. There is no “frightened potential criminal defendant – old college room mate” privilege. There is that attorney – client privilege that allows us to hear the whole story in complete confidence so that we can give you reasoned advice. Real advice on what to do next.