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Abrams: See you in Cincinnati

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jeff abrams ibaBy the time you are reading this article, I will be on my way to the 21st Annual Bench Bar in Cincinnati, Ohio. So, I asked myself when I attended my first Bench Bar, what is a Benesch commercial real estate lawyer going to do at a Bench Bar Conference? The answer? Lots of things.

The Bench Bar Committee routinely provides quality CLE for all of us. I enjoy listening to some of the speakers even as a commercial real estate lawyer. I have the opportunity to reminisce with judges who were in law school with me but with whom I have very little contact anymore as a result of our separate paths in the legal profession. We talk about our kids. We talk about some recollections during law school and embarrassing moments. We talk about some of the people and where they are today. This is all very worthy of our time.

I mingle with other lawyers and while they are primarily litigators, they are still very nice people. I meet family law attorneys, prosecutors, public defenders, other government attorneys, criminal defense attorneys, general practice litigators, solo practitioners, small firm owners, and individuals from all walks of life in our professional community. I meet new people every time that I go to a Bench Bar, and I am much better off for the opportunity to get to know the individuals who have chosen the legal profession for their career. I have opportunities to answer questions about the IndyBar and how it might be able to help their practice. I have the opportunity to connect lawyers with other lawyers who might be able to help them with a particular problem.

I talk with our county, appellate and state Supreme Court judges and justices. How many other situations do we find ourselves in with this incredible opportunity to mingle with our judiciary and learn more about each of them? Conversations include their family, their interests outside sitting on the bench and some interesting insight on how they manage their court. All of this information has helped me as a person and even as a practicing commercial real estate attorney at Benesch, where we have a litigation practice that works with Indy litigators and appears before all of these judges.

When my real estate clients have disputes, the last thing they want is to spend money in litigation. It has been a challenging discussion to explain to a developer, a lender, a landlord, a tenant or a commercial broker that the unfortunate experience in court is the price of doing business in today’s complex business environment. In a perfect world, we would not have disputes, but it does not work that way. We are trained to write documents as carefully and clearly as possible, but even in the best of times, there are two or more interpretations of a document which leads to disputes. Understanding how a judge looks at commercial disputes has been incredibly enlightening and beneficial to my practice.

During Bench Bar there is also time for relaxation, or for some of us, frustration. There is a golf tournament on Thursday where lawyers and judges get to spend four-plus hours hitting a little golf ball around and talking about things totally unrelated to practicing law. But if a “what if” or “how do I” question is posed, I am confident that the lawyers and judges trying to concentrate on playing quality golf still take the time to answer the question and help out a young, aspiring attorney trying to understand the nuances of an area of the law or how the judicial system works.

These are all the great experiences that avail themselves at Bench Bar, and I hope by the time you are reading this article, you also are on your way to Cincinnati. It will be a great few days.•

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  1. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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