In This Issue

MAY 20-JUNE 2, 2015
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Indianapolis attorney and Marine Corps veteran Ed Smid has made it his mission to see that those who died in Afghanistan and Iraq are remembered and honored. In doing so, he’s also strengthened bonds among families of the fallen and provided valuable aid to survivors. Corporate clients are reshaping big law firms, seeking quality work but at cheaper prices. Blogs allow attorneys to market their services, find clients and express themselves.

Top Stories

Corporate clients are reshaping big law firms

The demands being made by corporate executives and legal departments are forcing law firms to change not only how they do business but also how they run their business.

Growth of IP law feeds large firms, boutiques

Not so long ago, patent and intellectual property attorneys most often practiced in firms that specialized in the technical, complex legal systems that govern and protect invention and creation. But big firms saw opportunities and seized them, sometimes gobbling up entire practices

Attorneys turn to blogs to market their services, find clients

When James Reed penned an article about pets and divorce, his colleagues at Bingham Greenebaum Doll LLP were about as enthusiastic as a cat facing a bath.

Lawyer helps families of fallen soldiers create lasting legacies

Indianapolis attorney and Marine Corps veteran Ed Smid has made it his mission to see that those who died in Afghanistan and Iraq are remembered and honored. In doing so, he’s also strengthened bonds among families of the fallen and provided valuable aid to survivors.

Bock receives Center for Public Trust award for anti-doping efforts

William Bock’s role in the Lance Armstrong doping investigation and others made him one of four people selected to receive an award from the National Association of State Boards of Accountancy Center for the Public Trust recognizing ethical leadership in the business and professional communities.

Startups take cloud-based tech savvy to legal realm

To some, the phrase “legal challenges” means lawsuits. For a few Indianapolis tech startups, it has an entirely different meaning: attorney pain points and business opportunities.


Ruling clarifies, broadens admissibility of social media content as evidence

Donnell Wilson’s murder convictions for shooting and killing two gang members in Gary relied in part on Twitter posts shown to a jury in which he bragged about having a gun and threatened to shoot rival gang members.

Pressure on PACER

On May 1, protestors across the country launched their ire on the federal judicial branch. They were not maligning the judges or their decisions, but rather they were imploring the courts to upgrade and improve the online Public Access to Court Electronic Records system.

Waterfill: State court vs. federal court: Which venue is best?

What are the various considerations when determining between state and federal court?

Column: Using Facebook to provide notice for service of process

A recent study found that nearly 75 percent of all adults in the U.S. who use the Internet also have Facebook accounts. What if Facebook could soon have a major (positive) impact on litigation?


Start Page: Drag and drop your way to a more productive day

Lawyers live or die by deadlines, so if something’s on the calendar, there’s a good chance it will get done. This article will suggest a few ways we can harness the power of the Outlook Calendar to get things done and feel less stress.

Bell/Whelan: 3 things to know about amended pro bono reporting rule

Rule 6.7, in effect for a mere four months, was recently amended by a Supreme Court order issued April 30, 2015, and effective immediately. The amendment provides additional clarity on what is expected of Indiana attorneys with respect to reporting pro bono service.

DTCI: Why I belong to the Defense Trial Counsel of Indiana

By far, the organization that is the greatest value to me and my practice is the Defense Trial Counsel of Indiana. I’d like to share with you some of the reasons why.

Indiana Judges Association: Clarity can come with certain costs

Judges are decidedly impartial, but not necessarily unequivocally impartial.

Hammerle on ... the value of books

Bob Hammerle takes a break from reviewing movies to offer his thoughts on a book that involves Hollywood directors serving in World War II.

In Brief

Highlights from the Leadership in Law 2015 event

View photos from this year's Leadership in Law event held at D'Amore in Indianapolis May 5.

New magistrates approved for 7 counties

Seven Indiana counties have been given approval to appoint new magistrate judges to their local courts. Gov. Mike Pence signed House Enrolled Act 1110 on May 5.

Wife of Indiana judge charged with sending him threats

The wife of an Indiana Court of Appeals judge is accused of sending her husband threatening messages in a scheme to make it appear that their son-in-law was terrorizing the family.

Indiana senator calls for judicial nominating commission

Sen. Dan Coats is calling for the appointment of a commission to assist in finding and nominating candidates for the vacancies on the federal bench.  

Lawyers treated to Time for Three on World IP Day

From Johannes Brahms’ “Hungarian Dance No. 5” to Robin Thicke’s “Blurred Lines,” what’s legal and what isn’t when it comes to musical performances shared center stage with the Time for Three trio during Indianapolis’ World IP Day event April 27.

Court of Appeals interviews to be held June 10

Eight judges and lawyers vying for appointment to the Indiana Court of Appeals will be interviewed June 10 by the Indiana Judicial Nominating Commission. The commission will recommend three finalists to Gov. Mike Pence, who will select the person to succeed Judge Ezra Friedlander, who is retiring at the end of August.

Special Sections

Indiana Court Decisions - April 29–May 12, 2015

Read recent appellate decisions from Indiana courts.

On The Move

On The Move - 5/20/15

Read who's recently joined a new firm or received an award.

Disciplinary Actions

Disciplinary Actions - 5/20/15

Read who has recently resigned from the Indiana bar.

Bar Associations

IndyBar: BENCH BAR 2015: Is it Too Good to Be True?

To all of you … my friends in the IndyBar, I am here today to break the rule:  Bench Bar 2015 is going to be off the charts GOOD, and while it may sound too good to be true, take my word for it.  It’s true.

IndyBar: Total Overhaul to IndyBar Low Asset Will Program Proves Beneficial to Clients and Volunteers Alike

After eight years of matching volunteer attorneys with qualifying applicants and recognizing a notable decline in the rate of conversion between application and completion of signed and witnessed documents, the IndyBar Pro Bono Standing Committee changed the Low Asset Wills program format this year to create a two-day clinic, reaching individuals in their respective communities.

IndyBar: The Talk: The First Step in End-of-Life Health Care Planning

May is Elder Law Awareness Month. Recent bar admittee and IndyBar member Lori Craig shares important information that’s valuable both in the practice and in personal life.

IndyBar: Leading Litigators Come to Louisville for Bench Bar 2015

At the 2015 Bench Bar Conference, you’ll have the chance to hear from some of the nation’s leading legal experts. One such speaker is James “Jim” P. Cooney III, partner at Womble Carlyle in Charlotte, North Carolina.
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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)