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

September 29, 2008
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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 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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