ITLA FYI


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Posted by: Avery Roberts on Oct 19, 2020

 
Make today Election Day by heading to an early in-person voting location in your county. By voting early you'll have more flexibility on when and where to vote. You'll also help reduce the wait times on Election Day. 

Each county controls their own early voting processes, so please contact your county clerk for more details including deadlines and early in-person voting locations. If you requested and completed your absentee ballot, you can also find a list of ballot drop boxes. 
For more information on where to vote, to request and an absentee ballot, or volunteer to work the polls, visit www.idahovotes.gov
 

Posted by: Avery Roberts on Oct 15, 2020

 
That's right. David Ball, the famed trial consultant behind The Reptile Theory, will present at the ITLA Fall Forum Friday, October 23rd.

He'll be joined by ITLA Members Tim Gresback and John Rumel as they discuss the genesis of Reptile, ways to overcome possible defense challenges, and how to put the theory into practice. 

This two-hour presentation, along with a live Q&A, is a can't-miss event for those unfamiliar with the theory and longtime reptilians alike. 
 
David Ball, who wrote trial advocacy’s best-selling strategy book David Ball on Damages -- is a litigation researcher and strategist with North Carolina’s Malekpour & Ball Consulting (JuryWatch, Inc.). He is the nation's most influential jury consultant, communications expert, and advocacy teacher. His training is in science, engineering, and small-group communications, and he is a 30-year veteran of the professional theater.

Tim Gresback loves car crash cases. He has served as president of the Idaho State Bar (2015), ITLA (2009), and the Idaho Association of Criminal Defense Lawyers (2001). Tim taught Trial Advocacy at the University of Idaho College of Law for ten years. He serves on the Idaho Supreme Court Evidence Rules Committee and is an ITLA Civil Trial Specialist.

John Rumel is a Professor of Law at the University of Idaho College of Law’s Boise campus. Professor Rumel teaches the Law of the Workplace, Litigation subjects, and Education Law. His scholarship primarily focuses on employment law issues in the public sector, including teacher rights and public school obligations in the K-12 education setting. 
 
Don't miss out on this rare opportunity to hear from one of the nation's top trial consultants. Register today for David Ball Returns to Idaho: Reptile 2020 for just $58.
REGISTER
 

Posted by: Avery Roberts on Oct 14, 2020

 
We're thrilled to announce the second series of Roundtable Discussions, a free and exclusive ITLA Member benefit. 

The discussions are an opportunity for ITLA Members to gather in an informal setting to examine issues as they relate to their specific areas of practice. Moderated by experienced practitioners, you’ll be able to discuss trends, exchange ideas, and gain insights that improve your everyday practice.
 
Each Roundtable will take place on a Wednesday beginning at 12:00 p.m. MT/11:00 a.m. PT.

Please see our current schedule and register below. 
 

October 28 | Workers' Compensation Roundtable | REGISTER

Hosted by Jamie Arnold and Brad Eidam
 

November 4 | Medical Malpractice Roundtable | REGISTER

Hosted by John Avondet
 

November 18 | Family Law Roundtable | REGISTER

Hosted by Sheli Fulcher Koontz
 

November 25 | Insurance Law Roundtable | REGISTER

Hosted by Jarom Whitehead and Haley Krug 
 

December 2 | Car Crash Roundtable | REGISTER

Hosted by Stephen Blackburn and Ryan Lewis 


December 9 | Employment Law Roundtable | REGISTER

Hosted by Jeff and Grady Hepworth
 
The conversations will take place on the Zoom Meeting platform with the option to join via video or audio/phone. Registration is FREE but required. 

If you have any questions, please contact ITLA at itla@itla.org or (208) 345-1890.
 

Posted by: Avery Roberts on Oct 13, 2020

 
A record number of people are choosing to vote by mail this year. In Idaho, you can vote by mail by requesting an absentee ballot. Here are some important things to know if you choose to vote with an absentee ballot.

1. The deadline to request a ballot is Friday, October 23rd

You can request your absentee ballot using the online request form, or by submitting a paper application to your County Clerk

2. Any eligible Idaho voter can request an absentee ballot 

Idaho code 34-1002 provides for absentee voting for all registered voters. Unlike other states where you must meet certain eligibility criteria, all Idaho voters are able to request an absentee ballot. 

3. You can check the status of your absentee ballot and voter record here

Absentee ballots have begun mailing. If you'd like to check the status of your request or ballot use the link above. This tool also will show the status of your returned ballot. 

4. Follow the instructions provided with your ballot 

Each county is responsible for creating and mailing absentee ballots. Make sure to follow the instructions provided with your ballots such as placing your ballot in a secrecy sleeve and signing your envelope. 

5. Make sure to return your Absentee Ballot 

You can return your ballot by mail or return it to a drop box location in your county. All ballots must be returned by 8 p.m. on Election Day in order to be counted.
For more information on where to vote, to request and an absentee ballot, or volunteer to work the polls, visit www.idahovotes.gov
 

Posted by: Avery Roberts on Oct 7, 2020

 
The ITLA Fall Forum kicks off this Friday with HMS: Strengthening Medicaid and Serving the Legal Community in Idaho led by Matt Smith. 

This one-hour CLE presentation will provide an overview of the processes of HMS and advice on how to quickly resolve Medicaid liens for your client. There will also be an opportunity to share your past experiences working with HMS and ideas on how to improve procedures with Matt. 

If any of your clients are Medicaid recipients, you won't want to miss this time-saving presentation! 

Learn more about Matt below, and take a look at the complete Forum schedule here.
Matt Smith joined HMS as Vice President of Operations in 2019, with more than 10 years of payment integrity and subrogation experience across government and commercial contracts.  Prior to working in healthcare services, Matt served in a number of corporate positions for Duke Energy, including energy policy, corporate development and technology. He has a combined law and MBA degree from the University of Kentucky College of Law and Gatton School of Business and Economics. Matt has nearly 20 years of leadership and management experience, with extensive experience in process excellence and P&L management.
 

Your Last Chance to Save!


The Fall Forum is comprised of six biweekly CLE presentations and discussions. Normally, each session would cost $29 or $58. But, if you register for the complete series before October 9th, you'll only pay $129. That's a $74 savings!

Click the button below to take advantage of our series package or register for any of the presentations à la carte. 

If you have any questions or need assistance registering please contact ITLA at itla@itla.org or (208) 345-1890.
REGISTER
 
 

Posted by: Taylor Mossman-Fletcher on Oct 6, 2020

 
Representative John Lewis from Georgia’s Fifth Congressional District died on July 17, 2020 following an extensive and prominent career in politics.  Although he is gone, Lewis’s legacy will continue to shape civil rights and future movements intended to uplift the historically oppressed through his many contributions. Perhaps one of his most iconic contributions was his concept of getting into “good trouble.”  When Lewis was a little boy living in Alabama, he would too often pass signs proclaiming segregation and racism.  When Lewis questioned his parents about these signs, they matter-of-factly told him to avoid getting into trouble.  However, Lewis couldn’t ignore the many injustices that surrounded him and saw that others engaged in the civil rights movement were getting into “good trouble” as a way to stand up against these injustices—and be heard. From that point forward, Lewis made “good trouble” a centerpiece of his life as an activist and in politics, with civil rights and equal access to voting dominating his priorities.  He embodied this lifelong philosophy through nonviolent protest, sit-ins, boycotts, marches, speeches, and education.  Lewis used “good trouble” as a tool to achieve justice. “Good trouble” made both Lewis and his message of justice front and center and impossible to ignore.
 
Lewis used “good trouble” as a tool to achieve justice and shape the law. As trial lawyers, perhaps we have a lot to learn from Lewis. We have an obligation to seek justice on behalf of our clients, many of whom face the same or similar oppression as Lewis faced, be it discrimination, sexism, violence, inequality, injury, or harm. If “good trouble” is making your message outside of existing channels so that it stands front and center and be impossible to ignore, we trial lawyers must think harder about making “good trouble” on behalf of our clients.
 
Trial lawyers have some of the sharpest and most effective tools in the box to make good trouble.  Trial lawyers are known for digging with poignant questions.  They press with tough cross examination.  A room is held captive by the strong, convincing voice of a trial lawyer. And through persuasive writing, a trial lawyer’s pen is a force not to be ignored. While Lewis’s lesson of making good trouble, in comparison with what we do every day, may not seem equivalent in significance—the inspiration he bestowed is important to draw from. In short, the lesson trial lawyers take away is to not allow intimidation and oppression tactics get in the way of your client’s cause. 
Representative John Lewis from Georgia’s Fifth Congressional District died on July 17, 2020 following an extensive and prominent career in politics.  Although he is gone, Lewis’s legacy will continue to shape civil rights and future movements intended to uplift the historically oppressed through his many contributions. Perhaps one of his most iconic contributions was his concept of getting into “good trouble.”  When Lewis was a little boy living in Alabama, he would too often pass signs proclaiming segregation and racism.  When Lewis questioned his parents about these signs, they matter-of-factly told him to avoid getting into trouble.  However, Lewis couldn’t ignore the many injustices that surrounded him and saw that others engaged in the civil rights movement were getting into “good trouble” as a way to stand up against these injustices—and be heard. From that point forward, Lewis made “good trouble” a centerpiece of his life as an activist and in politics, with civil rights and equal access to voting dominating his priorities.  He embodied this lifelong philosophy through nonviolent protest, sit-ins, boycotts, marches, speeches, and education.  Lewis used “good trouble” as a tool to achieve justice. “Good trouble” made both Lewis and his message of justice front and center and impossible to ignore.
 
Lewis used “good trouble” as a tool to achieve justice and shape the law. As trial lawyers, perhaps we have a lot to learn from Lewis. We have an obligation to seek justice on behalf of our clients, many of whom face the same or similar oppression as Lewis faced, be it discrimination, sexism, violence, inequality, injury, or harm. If “good trouble” is making your message outside of existing channels so that it stands front and center and be impossible to ignore, we trial lawyers must think harder about making “good trouble” on behalf of our clients.
 
Trial lawyers have some of the sharpest and most effective tools in the box to make good trouble.  Trial lawyers are known for digging with poignant questions.  They press with tough cross examination.  A room is held captive by the strong, convincing voice of a trial lawyer. And through persuasive writing, a trial lawyer’s pen is a force not to be ignored. While Lewis’s lesson of making good trouble, in comparison with what we do every day, may not seem equivalent in significance—the inspiration he bestowed is important to draw from. In short, the lesson trial lawyers take away is to not allow intimidation and oppression tactics get in the way of your client’s cause. 
John Lewis would tell trial lawyers not to stop there, however.  He would remind us of one more tool we have, and that is our vote and our ability to empower voting.  The recent special session convened at Governor Little’s order focused on two important issues to the ITLA—immunity and elections. While the immunity bill related to Covid-19 litigation (limited in scope and time) passed despite deep protest, civil unrest, and even a swivel chair, another bill passed that pertains to the right to vote.  House Bill 1 guarantees in-person voting in every Idaho county, regardless of any emergency orders in effect. 
 
If signed by Governor Little, John Lewis would look at this as an opportunity for citizens, including trial lawyers, to make good trouble—educate, create opportunities, and volunteer. Accordingly, I am calling on ITLA members to do one of three things.  First, consider registering as an election volunteer.  Come November, that last thing we want is for our elderly and most vulnerable communities to be working in the polling stations.  Yet, that is the population that consistently raises their hands to ensure that we all have safe and open polling stations.  Should that population choose to stay home on election day, no one could fault them. However, we cannot let the burden of potential Covid-19 exposure fall on them in order to keep the polling stations open.  If you are willing to volunteer on election day, please go to www.idahovotes.gov/poll-workers and register to be a volunteer. Alternatively, reach out to your county clerks and inquire about volunteering.
 
As of September 1st, the Office of the Secretary of State confirmed that poll-worker volunteers are still in high demand.  The time commitment is minimal—two hours of training before election day and then setting aside the entire day on November 3rd, 2020.  I want to build a team of trial lawyers who can help ensure Idahoans have an opportunity to vote. If you have your own health concerns for you, your family, or anyone in your circle, or simply don’t want to even encourage in-person voting, I get it. No judgment.
 
Second, if volunteering is not a good fit for you, then this is my ask: Please commit to allowing your firm, staff, etc., the time and space to vote. Consider providing your office team with paid time off to vote. Keep your schedule open on election day and keep your staff’s schedule open. Think about your team’s family considerations and how you can help make the decision of whether to vote an easy one.
 
Finally, please share with me what your voting stories and strategies will be this election cycle. If you plan to volunteer or are enabling others to volunteer, then I would like to know about it. The goal here is to share with our community the message that Idaho trial lawyers are committed to empowering people to vote by ensuring safe polling stations and dismantling the idea that employees must choose between going to work and going to the polls.  
 
To be clear, this message is not about any particular candidate and is not attached with any agenda.  ITLA is not a partisan organization.  The ability to vote is equally applicable and important to all political parties.  This ask is crafted to appeal to everyone that cares deeply about the pursuit of justice and making good trouble.  If we can make good trouble doing this, then in the end, we can make even better trouble for our clients.  And in case you need one last push for inspiration, please consider these words:
 
"Freedom is not a state; it is an act. It is not some enchanted garden perched high on a distant plateau where we can finally sit down and rest. Freedom is the continuous action we all must take, and each generation must do its part to create an even more fair, more just society."

– Congressman John Lewis
 

Posted by: Avery Roberts on Oct 5, 2020

 
 

Do you have a civic responsibility office policy? 


Like the right to trial by jury, voting makes up the bedrock of our democracy. As a leader in the law, you can encourage your colleagues and staff to vote by adopting a civic responsibility policy for your practice. 

Don't know where to start? Take a look at this civic responsibility policy drafted by ITLA President-Elect Guy Hallam.

This policy includes language allowing employees paid time off to vote, work the polls on Election Day, and participate in jury duty. 

We hope you'll consider adopting this policy or something similar to help ensure your staff has the ability to exercise their right and freedom to vote. 
For more information on where to vote, to request and an absentee ballot, or volunteer to work the polls, visit www.idahovotes.gov
 

Posted by: Avery Roberts on Sep 28, 2020

 

IS YOUR VOTER REGISTRATION UP TO DATE? 


Whether you vote on Election day, early, or by absentee ballot, one thing is certain, your voter record needs to be up-to-date. 

It takes less than two minutes to check your voter record here.

If your registration is up-to-date, congratulations, you're ready to vote! If it's not you will need to make sure you update your registration online or by mail. 

You will need to update or change your voter registration if you have: 
•    Moved within Idaho
•    Changed your name
•    A wish to change your party affiliation
•    Not voted in a while*

The deadline to register or update your registration is Friday, October 9, 2020.

However, If you miss the voter registration deadline, you can still register to vote or update your registration, and cast a ballot at the same time during early voting or on Election Day. Idaho allows for same-day voter registration. Simply go to your regular polling place or early voting site to register and vote. You will need to show proof of residence and a photo ID.

* Idaho Code 34-435 allows for the cancellation of registration following any general election of those not voting for four years
For more information on where to vote, to request and an absentee ballot, or volunteer to work the polls, visit www.idahovotes.gov
 

Posted by: Avery Roberts on Sep 24, 2020

 
Registration is open for the Fall Forum, an online series of biweekly CLE presentations and discussions beginning October 9th. 

From a two-hour presentation on the game-changing Reptile Theory with David Ball, to a discussion on the return of jury trials with new the Fourth District Administrative Judge Steven Hippler and the Ada County Clerk Phil McGrane, and the rest of our outstanding lineup you're sure to walks away with actionable knowledge and skills to implement in your practice. 

The best part is, for a limited time you can attend the complete Fall Forum Series, expected to provide 7 CLE credits, for just $129
Normally, each one-hour session will cost $29 and the two-hour Reptile session will cost $58. But, for a limited time, when you register for the complete series, you'll only pay $129. That's a $74 savings!

Register today to save your seat (and some money).
 
 

Posted by: Avery Roberts on Sep 18, 2020

 
 
Let's help bring power to the Idaho polls! By volunteering to work at a polling location during early voting or on Election Day you'll help ensure safe and fair elections. You'll also demonstrate to our communities that trial lawyers care about the democratic process. 

Each polling location needs qualified workers for several positions such as Chief judge of Election, District judge of Election, Registration Clerk, Poll Book Clerk, Issuing Clerk, Receiving Clerk, and Tally Clerk. Each county is responsible for polling location staffing. 

While many larger counties may have enough volunteers, many smaller counties are still in need of poll workers. Contact your County Clerk or a Clerk from a neighboring county for more information on becoming a polling place worker. Contact information for each County Clerk can be found here.
For more information on where to vote, to request and an absentee ballot, or volunteer to work the polls, visit www.idahovotes.gov
 

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