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1988 NSBA News 1 (1988)

handle is hein.barjournals/neblwr1988 and id is 1 raw text is: Client Security Fund seeks visibility through lawyers Here's a quiz to test your knowledge of the Bar's Client Security Fund. 1. Lawyer A is the personal representative in an estate. He has been bonded by the county court judge in the amount of $10,000. Lawyer A converts property in ex- cess of his bond to his own use. Can the estate be reimbursed by the Client Security Fund? 2. Lawyer B is contacted by his clients to do some estate planning. In interviewing them, he gets a com- plete financial history of their assets. After completing the estate plan, he suggests that he can invest their money in a guaranteed interest cer- tificate of deposit. Instead, he uses the money to personally invest in commodity futures contracts. Fie is unable to return the money. Is the claim compensable even though he has completed the estate planning work he was asked to do? 3. Lawyer C is retained to handle a Chapter 12 bankruptcy. She requests and is given a retainer of $7,500. She performs a small part of the work required, but not all of the necessary work is completed, and what is done is not satisfactory. In fact, the work Lawyer C did results in a loss of the client's farm and the Law Day theme: Legal Literacy The 31st annual observance of Law Day on May 1 this year focuses on the theme, Legal Literacy. Mate- rials and model programs are de- signed to encourage the public to register and to vote in the 1988 general election. In his Law Day USA message, ABA President Robert MacCrate says, It is a national tragedy that nearly one-third of all eligible Americans are not registered to vote, and more than one-half do not vote in most elections. Most alarming, in every Presidential election since universal suffrage was adopted, the number of persons who did not vote was greater than the number of per- sons who voted for the winner in each campaign. The NSBA Law-Related Education office has sent Law Day USA plan- ning guides to most local bar associ- ations in the state. These guides, prepared by the ABA, contain back- ground information, program sugges- tions and an order form offering a wide array of related materials. To obtain a copy, write to: Law Day U.S.A., American Bar Association, 750 N. Lake Shore Drive, Chicago, LEGAL IL 60611. The ABA special events staff also offers project assistance, suggestions and additional resources. Contact them at the above address or call (312) 988-6134. The State Bar will also be pleased to assist you in developing Law Day programs. Contact Tom Keefe, Ne- braska State Bar Association, P.O. Box 81809, Lincoln, NE 68501, or call (402) 475-7091. additional expense of hiring another attorney to complete the work. Is all or part of the $7,500 fee, plus the additional amount of the client's loss, compensable through the Client Security Fund? 4. Lawyer D negotiates a prop- erty settlement in a divorce. Based on prevailing community standards, the settlement is clearly unfair to D's client, who should have received a far more substantial amount. Is the client eligible for compensation from the Fund? The answers are on page 6-but if you didn't answer each one correctly, you're not alone. The Nebraska State Bar Associa- tion's Client Security Fund has been in existence for 14 years, and in recent months the Client Security Fund Committee has authorized pay- ment of five claims totalling more than $30,000. But Committee Chair- man D. Steven Leininger of Grand Island says that many people- including lawyers-either do not know that the Fund exists, or do not understand the circumstances under which it can be used. We get a lot of unfounded claims, and claims that really are malpractice or negligence on the part of the attorney. Those are not (continued on page 6) In this issue... Dues increase considered ... 2-3 House of Delegates ........ 4-5 Section news ................ 7 D iscipline ................. 8-9 Legislation .............. 10-11 Bar Foundation .......... 12-13 Sentencing Guidelines ....... 14 Names in the news ......... 16 New pamphlet & order form. 17 N C LE .................... 19 Calendar of Events ......... 20 Issue 88-1 March 1988

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