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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,


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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