MichaelJ.Hebenstreit

Recent Articles

Hebenstreit: Thanks

January 4, 2012
Three hundred sixty five days sounds like a long time, but 2011 has flown by very quickly. This is my last column in Indiana Lawyer.
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Hebenstreit: FIGHT ON!

December 21, 2011
Less than 24 hours ago, I knew exactly what my topic for this column was going to be.
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Hebenstreit: Making a Difference in a Child's Life

December 7, 2011
IndyBar President Michael Hebenstreit writes about volunteering to be a child advocate or guardian ad litem.
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Hebenstreit: Judicial Elections Just Around the Corner

November 23, 2011
IBA President Michael Hebenstreit recognizes that the elections are over and everyone wants to get back to normal life again … but the process is beginning again.
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Hebenstreit: Too Many Clients?

November 9, 2011
Do you have too many clients? If so, you can probably skip this article; but, if not please read on.
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Hebenstreit: FLYING SOLO????!!!!!

October 26, 2011
In the current legal market, there are many lawyers, both new and more experienced, who find that they have to "go it on their own."
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Hebenstreit: With a Need so Great, What Will We Do?

October 12, 2011
We all know what pro bono legal service means and probably know or believe that it is a good idea. But have you ever thought about how it actually works?
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Hebenstreit: Lawyers and the Election Process

September 28, 2011
In 2010, 61.2% of Hoosiers were registered to vote which placed us in 43rd place in the United States. We were even worse in voter turnout. Only 39.4% of Indiana residents actually voted in the 2010 elections which placed us in 48th position. The national average was 45.4%—a full six points higher than Indiana was able to muster.
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Hebenstreit: Collaborating to Provide Services for All

September 14, 2011
Service has always been important, but in today’s frenetic world, receiving good and prompt service is critical.
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IBA Editorial: Court Funding in Critical Condition Nationwide

August 31, 2011
One of the corner stones of our American system of jurisprudence is free and open access to the trial courts and judicial system. The ability of businesses to solve their disputes in an orderly fashion and the predictability of outcomes encourages business to be conducted in our country.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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