Iowa Law Blog : Iowa Lawyer & Attorney : Sullivan & Ward Law Firm : Iowa Law Blog

The next time you get your invoice from your lawyer and think his or her rate is too high, be grateful that the hourly rate is not over $1,000.00, as some attorneys across the country are charging in excess of $1,000.00 an hour. While even $150.00 an hour seems excessive to some clients, it is important to remember that the fees that attorneys charge cover all of the overhead expenses from support staff, office rent, equipment, supplies, law library subscriptions, marketing, malpractice insurance, continuing education, deadbeat clients, and eventually pay for the attorney. Attorneys have invested years in their education and training and a reasonable return for the knowledge they have obtained is to be expected. We here at Sullivan & Ward believe that our fees are reasonable and in step with current market. Some of our work is handled at flat rate charges, which does provide some comfort to clients about the bill at the end of the day.  Various online companies and services attempt to provide "low cost" legal-type services, but you can probably imagine what you get.

Now if my hourly rate was $1,200, this blog post would be really expensive.

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Back on November 5, 2010, my colleague Matt Gardner discussed the Iowa Court of Appeals' decision in Galloway v. State, where the Court held that it is against public policy to allow parents to waive the child's legal rights to sue for damages against a third party.  Essentially, the Court said that when parents sign a permission slip for their children, the slip cannot waive a third party's responsibility to the child, noting that if the Iowa Legislature wants to change the law, they are free to do so.

Somebody in the legislature was listening, because House File 353 was filed yesterday.  The bill provides that: "A parent of a minor child may, on behalf of the parent’s minor child, waive such minor child’s prospective claim for negligence."  Matt's blog lays out the policy behind the argument, now it remains to be seen which argument wins the day in the legislature. 

Stay tuned for updates on this interesting and relevant legal issue as it works its way through the capitol.

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 This FAQ page on Bryan Cave's website is an excellent page for getting some general information about non-profit issues, the process and typical costs involved for filing fees and preparation costs.  The Iowa non-profit chapter of the Iowa Code (ch. 504) can be located online.   Also, the Iowa Secretary of State's office has a FAQ page about administration of non-profits in Iowa.

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The majority of non-unionized businesses tend to ignore the National Labor Relations Act (NLRA). Doing so, however, could cause problems in your organization. Below is a list of things even non-union employers need to know about the NLRA.

1.      NLRA protects activities of employees who have joined together to achieve common goals. It may include individual action taken on behalf of the group. For example, it can include complaints by an individual employee to management at a group informational meeting.

2.      Complaints or protests to management regarding wages, hours, or other terms and conditions can be protected. This means that certain confidentiality policies are prohibited. Employees cannot be precluded from discussing wages, hours, terms and conditions of employment.

3.      Non-fraternization policies are generally prohibited. Employers may still preclude romantic relationships, but should ensure that policies prohibit such relationships are tailored very narrowly.

4.      Broad prohibitions against abusive or threatening language may be unlawful. It has been determined that language that may be considered threatening or abusive may be used when an employee is exercising their rights under the NLRA. Policies reference abusive and threatening language should be reviewed.

5.      Unrepresented employees have the right to have a co-worker present at a meeting if the employee has a reasonable belief that he or she will be subject to discipline.

What's the takeaway? Review your policies and make sure you aren't unlawfully prohibiting certain behaviors. Employees cannot be disciplined or terminated for engaging in protected activities. If you have any questions about whether something constitutes protected activity or whether your policies are tailored narrowly enough contact your attorney.

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Larry McLellan has been selected to receive the Honorary Order of the Barrister Award from the National Order of the Barristers.  Each year Drake University Law School  awards 10 Order of the Barrister positions to students and as well as the Honorary Award. The National Order of the Barristers is an organization that recognizes those who have made outstanding contributions to advocacy programs and demonstrated skill in oral advocacy. The Honorary Award is given to an individual who has made great contributions to the the Drake University Law School advocacy and moot court programs as well has having made an impact as an advocate in the legal profession.  Congratulations, Larry!

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The 83rd Annual Academy Awards are quickly approaching. On February 27, 2011, Annette Benning, Nicole Kidman, Jennifer Lawrence, Natalie Portman or Michelle Williams will take home the Oscar for Best Actress. Whoever wins may have a reason to be concerned according to researchers at the University of Toronto. According to a recent study conducted there, winners of the Best Actress Award are statistically at a higher risk for divorce than their fellow nominees who do not win. Researchers compared the two groups from 1936 to 2010 and found that winners were 1.68 times more likely to divorce than non-winners. Interestingly, the study also found that this so called "Oscar Curse" does not hold true for winners of the Best Actor Award. Time will tell if snagging the Oscar for Best Actress this year spells doom for the winner's love life. 

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Many things make Iowa unique, but one thing is Iowa's abstract real estate system.  An abstract is a document that is produced by an abstract and title company that contains the history of a parcel of real estate from the beginning of statehood, to the current owner.  Each deed, each mortgage, each lease, each document that affects the real estate, is listed in summary fashion in the abstract.  An abstractor searches the court records as well as the county recorder records to determine the relevant documents.  Some abstracts can be extremely thick if there are a lot of transactions involving the real estate.

After the abstract is completed, it is provided to the attorney for the buyer, or sometimes the lender's attorney, to review the prior transactions for the real estate (chain of title issues).  What the examining attorney is looking for is confirmation that title was passed from A to B to C to D and so forth.  Also, the examiner will determine whether there are any liens against the property, whether the mortgages were properly released, whether the probate records match up to the transfer and any tax issues.

The examiner will provide a title opinion, which is just a written opinion letter as to the status of the title with the property and any items that need to be addressed before closing on the sale.  Often the title opinion is performed at a flat-rate charge. 

Once completed, the seller will have to address any title issues before they can pass title to the buyer.

If you have questions over the Iowa real estate transfer system, contact an attorney experienced in real estate law to answer questions that you may have.

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