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Attorneys discuss pros and cons of practicing in 2 states

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Attorneys in Indiana know that they must meet certain ongoing requirements to maintain their law licenses: CLE hours, and staying abreast of procedural changes. Why, then, would anyone want to be licensed in two states?

For Jeffry Lind, Indiana State Bar Association president, the answer is simple.

jeffrey lind Lind

“I changed firms, and the new firm had litigation work available in Illinois, and I wanted to help out, do my part, be a team player,” he said.

Lind, who passed the bar in Indiana in 1998 and was admitted on motion in Illinois in 2002, practices in Terre Haute, about 10 miles from the Indiana-Illinois border. Like many attorneys who live along Indiana’s borders, Lind is able to handle more cases thanks to his dual licensing. But he also encountered challenges when he was admitted to the Illinois Bar.

“Initially, I was the stranger in town when I went to communities in Illinois. At that time, I had practiced 14 years, so it was difficult to walk in as the stranger and as the guy who was granted no respect,” he said. Ultimately, Lind said, he enjoyed the challenge of making a name for himself again.

“I have met some great lawyers I would have never met,” he said. “It’s kind of like expanding your legal community.”

Unlike Lind, attorney Susan Kozlowski decided to take both the Indiana and Illinois bar exams right out of law school.

“I figured that was the point in time when I would be most likely to remember the questions and answers, and I was already writing checks, so I might as well fill out an application,” Kozlowski said.

“I would tell kids coming out of law school – I think most exams are multistate, I think it’s just the essay they have to study up on. So just do it, especially if you live in a border town. People are impressed by that,” she said.

Kozlowski runs a solo practice in Crown Point, where her dual-state licensing comes in handy when handling family law cases, particularly when one parent in a divorce moves across state lines.

“Some people will call before they move to see how moving to another state might affect their child support,” she said.

In probate cases, too, clients appreciate working with an attorney who can handle complicated estate matters.

“Right now I’m doing one where the person owned property in Illinois, but he died in Indiana,” Kozlowski said, adding that a wrongful death lawsuit had been filed on behalf of the decedent. “Now there’s kind of a war as to who has jurisdiction.”

But according to Patrick Olmstead, chair of the ISBA’s Ethics Hotline, some attorneys may misinterpret jurisdiction – or the limits of their ability to work on a case.

Olmstead said an attorney he knew who was living in Ohio and applying to the Ohio bar represented a former Indiana client, who was an Indiana resident, on a will change.

“The Ohio disciplinary authorities found out about the amended will and charged her with the Unauthorized Practice of Law (even though she was an Indiana-licensed attorney taking care of an Indiana client). Other jurisdictions have ruled similarly,” Olmstead said.

“As chair of the Ethics Hotline, I also warn people that multiple licenses create unique disciplinary issues. For example, which state’s disciplinary rules apply when you’re representing an Illinois client? It’s a fact-sensitive question,” he said.

Olmstead is licensed to practice in Indiana and Missouri. “I tell people that it’s a pain, and recommend against getting admitted in multiple states, unless you practice near a border,” he said via email. “I do not actively practice in Missouri. Yet, I still have Missouri CLE requirements, bar dues, etc. Even though it’s easier when you go on ‘inactive’ status, it’s still a use of your time.”

Attorney Candace Armstrong said her motivation for dual-state licensing is likely different than most attorneys’. A 2004 graduate of the Valparaiso University School of Law, she passed the bar in Illinois and went to work for a large law firm in Chicago. But she and her husband found a golf course for sale in Brook, Ind., and decided to buy it. “Golf courses don’t come up for sale in a lot of places,” she said.

Deciding the commute between Brook and Chicago was just a little too far, Armstrong decided to become admitted to practice in Indiana on-motion and opened a solo practice in Brook, a town of about 1,000 people.

Armstrong sees a niche for herself in Brook, where small, rural businesses may not have easy access to attorneys. At least that’s the case in Illinois, she observed. “The attorneys in Illinois seem to be heavily concentrated in Chicago and Springfield,” she said.

Armstrong maintains her Illinois license, because some of her clients have businesses on both sides of the border.

When asked about the possible complications of practicing in two states, Lind did not have any immediate or serious concerns.

“In the litigation aspect of it, there’s a small learning curve – learning the difference between the court systems,” Lind said. “I’m sure there are (complications) in other states, but Illinois accepts my CLE hours,” he said.

State laws regarding advertising for legal services vary from state to state, but, Kozlowski said, she avoids any complications by keeping her strategy simple.

“I go nowhere near that flame,” she said. “I don’t reach out to people. I mean, I advertise, but it’s like general phone book or Internet. More and more, most of your business comes from word of mouth; Internet second; phone book last.”•

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  • cons
    I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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