Recent Blog Posts

Slow economy, fewer mergers

October 8, 2008
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Here’s more proof that law firms are struggling in this economy: opportunities for mergers are lessening. When I think of the economy worsening, I think law firms that are teetering on the brink of going under would try to find another...
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Judicial candidates, Facebook

October 6, 2008
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Some local candidates for judge in Indiana are turning to the Internet to spread the word about their campaigns – but they aren’t just creating election Web sites. Some have taken the leap into the social media world and created Facebook...
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More ISBA tidbits

October 3, 2008
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From IL reporter Michael Hoskins: Five newer faces on the federal bench (or at least, ones in relatively new roles) came together Thursday afternoon at the ISBA annual meeting. They were Magistrate Jane Magnus-Stinson, selected about two years ago to replace...
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Tidbits on the ISBA

October 2, 2008
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During a conversation today with Indiana Lawyer reporter Rebecca Berfanger, the incoming Indiana State Bar Association president mentioned something that caught our attention: Not only does he have a Facebook page, but the ISBA has a Facebook group page. Bill Jonas...
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Court oversight neglected

September 30, 2008
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Hey, there. I’ve found myself in a bit of a pickle financially and need around $700 billion. Can you lend it to me without me telling you what I need it for? Thanks. But by the way, if I don’t repay...
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Pay disparity in legal jobs

December 31, 2014
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Women attorneys continue to make less than men. It doesn’t shock or even surprise me. There’s no disputing that on average, women in all types of professions make less than men, often for doing the same job. It’s been that...
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Yes, felons can vote here

September 25, 2008
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Indiana may have made national headlines for its strict voter ID laws this year, but when it comes to felons being able to vote, Indiana is one of the better states in the country. In Indiana, imprisoned felons can’t vote, but...
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Meditations for attorneys

September 23, 2008
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Lawyers are an analytical bunch, but are they also reflective and meditative? The American Bar Association has just released a new book, “The Reflective Counselor: Daily Meditations for Lawyers,” in hopes of helping attorneys find balance in their lives. The More

Look it up, lawmakers

September 22, 2008
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From Indiana Lawyer reporter Michael Hoskins: We look at Indiana’s appellate decisions every day. Frequently, a legal issue is raised about an ambiguous federal or state statute where words aren’t defined and the courts must address what the legislative intent could...
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What happened to civility?

September 18, 2008
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We’ve got another sitting judge in trouble for his actions. Howard Superior Judge Stephen Jessup received a public admonition after storming over to the prosecuting attorney’s office trying to find out where the deputy prosecutor was who was supposed to be...
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Happy Constitution Day!

September 17, 2008
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Today is Constitution Day in the U.S. Don’t feel bad if you didn’t know that because it’s a fairly new “holiday.” Congress passed an act in 2004 – the Consolidated Appropriations Act, 2005 – that included requiring schools receiving federal funds...
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Lawyers love to donate

September 15, 2008
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Lawyers like to give money to campaigns. According to the Center for Responsive Politics , lawyers and the legal industry in Indiana are the second-leading industry in donations to political campaigns. In 2008, the legal community has donated nearly $1 million. Retirees...
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Legal changes post-Sept. 11

September 11, 2008
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With today being the anniversary of Sept. 11, 2001, I couldn’t help but think about how our country has changed in seven years. I can’t speak for anyone but myself, but I realize now that we aren’t as isolated from the...
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Interim meetings antiquated

September 10, 2008
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Now is the time of the year when the General Assembly’s interim study committees meet to discuss various issues that could become bills in the 2009 session. What strikes me about these meetings is how old-fashioned and time-consuming they are. If...
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Judicial Conference this week

September 8, 2008
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From IL reporter Michael Hoskins:  It’s that time of year. The Judicial Conference of Indiana is holding its annual meeting this week in downtown Indianapolis, and the agenda  shows some interesting tidbits that will be covered at the three-day CLE-eligible conference....
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Attorneys in trouble for ads

September 5, 2008
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Two Indianapolis attorneys received public reprimands for the use of “Legal Advertisement” and other phrases on brochures they give to prospective clients. After reading the opinion handed down by the Indiana Supreme Court yesterday, I’m confused about how the process of...
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Lawyers vs. non-lawyers

September 4, 2008
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The race for the next president of the United States is Democrats vs. Republicans, but it’s also lawyers vs. non-lawyers. Both Democratic Sens. Barack Obama and Joe Biden have law degrees, whereas on the Republican side Sen. John McCain and Gov....
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Busy day at 7th Circuit

September 3, 2008
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Seventeen opinions. That’s how many the 7th Circuit Court of Appeals released yesterday. When I first checked the court’s Web site to prepare our opinions list, there was the normal number of opinions – about four or five. Then, as Indiana...
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No jury duty for nursing moms

September 2, 2008
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According to a recent article from the National Law Journal, more and more states have passed laws exempting nursing mothers from jury service. Indiana isn’t one of those states, although we have a new law in effect regarding nursing...
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Budget-busting judges

August 29, 2008
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From IL reporter Michael Hoskins, who attended the Aug. 28 Commission on Courts meeting: Financial woes between courts and county officials can be found statewide, even nationally, in these tough economic times. Chances are it’s going to get worse. That’s why...
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Firm ‘greens’ new space

August 28, 2008
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Going “green” has been a hot topic for the past couple of years and plenty of Indiana firms are getting in on the act. Firms are seeing more of a focus on environmental and green legal issues, and Ice Miller even...
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Fight may influence jury

August 26, 2008
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Here’s something that doesn’t happen every day – a manslaughter trial is postponed due to fighting between the accused and the victim’s families. In what sounds like something that would only happen in a television legal drama, the families got into...
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Bye bye to VP Bayh

August 25, 2008
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Indiana has missed its chance to send another Hoosier to the White House. With Saturday’s announcement that the Democratic Party’s presumptive candidate for president Sen. Barack Obama chose Delaware Sen. Joe Biden as his vice presidential candidate, the supporters of Sen....
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Buying booze at 18?

August 20, 2008
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College presidents around the country have come together to unite against binge drinking on campuses. They aren’t working together to develop and implement programs to educate high school and college students about the dangers of binge drinking. They aren’t going to...
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Indianapolis, Illinois?

August 19, 2008
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According to one 7th Circuit Court of Appeals opinion today, Indianapolis is now a part of our neighboring state to the west. I opened Angela Tyson v. Gannett Co. Inc ., aware this would be an Indiana case....
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  1. 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.

  2. 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.

  3. 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)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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