Recent Blog Posts

1982 case shows election issue

February 19, 2009
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As lawyers, you understand the legal nuances and issues in cases that appear before our appellate courts. The general public often does not. They don’t understand why convictions are overturned or cases are remanded for retrial. Now imagine the power the...
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Sneaky vote at Statehouse

February 17, 2009
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We think the election of Indiana’s Supreme Court justices is a pretty big deal, so we’ve been closely watching House Joint Resolution 9, which proposes that we do away with the merit selection and retention system. So imagine our surprise today...
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3/4 of attorneys want out

February 16, 2009
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Based on an unscientific, informal poll on our Web site, 75 percent of you have said you are leaving the practice of law to pursue another career or you are at least considering it. The sample of this question is small,...
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Big dreams, small salaries

February 13, 2009
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Update: The jobs in politics seminar has moved from March 11 to April 8. From IL reporter Rebecca Berfanger, who attended a session of the Alternative Legal Career series at Indiana University Maurer School of Law - Bloomington this week. During...
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Priced out of the market

February 11, 2009
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A handful of partners and attorneys are leaving Bingham McHale in Indianapolis to start their own insurance litigation firm because as one partner said, “We were pricing ourselves out of the market.” The amicable split between the attorneys and the fifth-largest...
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Flexibility key for students

February 9, 2009
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Some advice for law students struggling to find summer work: be flexible and think broadly. That’s what the director of the career and development office at Indiana University Maurer School of Law – Bloomington told Indiana Lawyer Friday. Comments from our...
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Summer associate competition?

February 4, 2009
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There are still a few months before summer associates begin their jobs at firms this summer, but I wanted to hear from you on how your search for a position has gone. With all the talk of cuts at law firms,...
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A new career direction

February 2, 2009
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Update: The seminar on jobs in politics has been rescheduled to April 8. Ever wish you could do something else with your law degree, but you don’t know where to start? Feeling burnt out on practicing law, worried about your current...
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Snow day for some

January 28, 2009
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The snow that moved through much of Indiana Tuesday and today has dumped a foot or more of snow in some places. Of course, it made the commute home yesterday and to work today interesting in the metro Indianapolis area. It...
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Solo v. large firm

January 26, 2009
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There’s not a definite end in sight to the current economic downtown we’re experiencing, but who’s better off to ride it out – solos or large firms? There are compelling arguments for both sides. Solos may be able to adapt better...
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Thoughts from D.C.

January 21, 2009
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Here’s what IL reporter Rebecca Berfanger wrote last night after the inauguration. (That's her above with President Obama on the TV screen to the right.) Considering I was at my first inauguration in 2005 as grad school student and a...
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Witnessing history

January 20, 2009
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Indiana Lawyer reporter Rebecca Berfanger is in Washington, D.C., for the inauguration of President Barack Obama and Vice President Joe Biden. She shared a few tidbits with me via text message today. Because of the number of people in attendance...
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Regulating roadside memorials

January 19, 2009
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Everyone has seen them while driving – the roadside memorials marking the spot where someone died with a cross, pictures, flowers, or stuffed animals. One Indiana legislator wants to regulate the erection of these by having the Indiana Department of Transportation...
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Sacrifice for job security

January 15, 2009
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How much would you be willing to give up for the good of your law firm or office? I heard on the news The Indianapolis Star is requiring all employees – even the higher-ups – to take one week off without...
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Gay marriage amendment back

January 14, 2009
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Thanks to state Reps. P. Eric Turner, R-Marion, and Dave Cheatham, D-North Vernon, Hoosiers can once again argue about whether or not we should have a constitutional amendment banning gay marriage. The two recently announced at a press conference they are...
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Bills, bills, bills

January 12, 2009
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As the 2009 General Assembly session heats up, no doubt there will be bills that cause us to ask, “What were they thinking?” Some seem redundant; others just plain strange. The Senate has until Jan. 15 to file bills; all House...
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Best job: lawyer or paralegal?

January 9, 2009
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Paralegals have better jobs than attorneys, according to one job search Web site’s ranking of professions. Researchers at careercast.com analyzed numerous jobs and looked at five main criteria – physical demands, stress, work environment, income, and outlook (potential salary growth, unemployment rates)...
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A lawyer walks into a bar…

January 7, 2009
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Stop me if you’ve heard this one: How many personal injury lawyers does it take to change a light bulb? The answer: Three – one to change the light bulb, one to destabilize the ladder, and one to sue the ladder...
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We don’t publish rumors

January 5, 2009
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Today's blog is from IL managing editor Betsy Brockett: Day after day, we read stories in the National Law Journal and other legal publications about how the tumultuous economy has hit the legal profession again and again. Even close to home,...
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New Year’s resolutions

December 30, 2008
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It’s the time of year when we reexamine the past and look to a new year with hope and excitement in terms of bettering ourselves with resolutions. Exercise more; eat less; travel more; stop smoking. Many people make personal resolutions, but...
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Complaint reignites debate

December 19, 2008
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At the end of October, I wrote  about Indianapolis defense attorney Bob Hammerle filing a complaint with the Disciplinary Commission regarding television ads run by Attorney General Republican candidate Greg Zoeller. Hammerle has since heard back and I thought you’d like...
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What’s in a name?

December 17, 2008
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After reading the comments on our last post, I wanted to expound on my previous post on law firm name changes. Firm names evolve with the addition or departure of partners. That’s the nature of the business. It’s when we lose...
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Mergers end Indiana names

December 15, 2008
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Sommer Barnard – gone. Locke Reynolds – gone beginning next year. Yes, the attorneys and staff remain in Indiana, but the names have changed or soon will change. Their new names come from firms based outside of the state. It’s just...
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More law firm job cuts

December 12, 2008
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Is it harder on the psyche of the legal community to hear of cuts and mergers from a large firm as opposed to a smaller one? That thought popped into my head after learning about the 22 staff cuts at Baker...
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Support staff spread thinner

December 10, 2008
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Let’s keep this blog’s discussion about law firm staff cuts going and talk about support staff cuts today. The National Law Journal has an article about paralegal, secretary, and other support staff cuts at firms. Firms are looking to cut costs...
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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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