Recent Blog Posts

The firm of the future

April 22, 2009
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The structure of law firms is pretty uniform across Indiana and the country. Look at one law firm in the state and compare it to a similarly sized one in Ohio or Illinois, and chances are, they are set up and...
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Surprising controversy?

April 20, 2009
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The U.S. Senate is back from break and ready to get down to business. On the Senate executive calendar for today is the nomination of Indiana University Maurer School of Law Professor Dawn Johnsen. She’s been on the calendar in the...
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Support staff more vulnerable

April 17, 2009
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More job cuts were announced today from one of the largest law firms in Indiana. Baker & Daniels has cut support staff positions. This is on top of the 22 cuts it made late last year. No attorney layoffs were confirmed...
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Literally chasing ambulances

April 15, 2009
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People often joke that some attorneys are just “ambulance chasers” but this weekend, Indiana University Maurer School of Law students are going to make that stereotype a reality. Students have brought back the Ambulance Chase 5k after several years of being...
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Out-of-town seminars

April 13, 2009
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Given today’s economy, is now the time to be spending big bucks to send attorneys to seminars in other cities? I recently received a brochure about a litigation/workplace strategies seminar presented by a law firm with multiple locations in the U.S....
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ABA offers help to lawyers

April 8, 2009
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Lawyers, are you down on your luck, looking for somewhere to turn in this tough economy? Look no further than the American Bar Association, which has launched a new online resource for attorneys struggling to cope with the recession. Its new...
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Firm heads south

April 6, 2009
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What’s Barnes & Thornburg’s secret? In today’s economy when firms are letting go staff and attorneys, and some around the country are even dissolving, Barnes & Thornburg expands into a new market. The firm announced today that it opened a new...
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Iowa’s surprising decision

April 3, 2009
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I’ll admit it, I’m surprised the Iowa Supreme Court unanimously ruled civil marriage isn’t only for a man and woman. Iowa is in the Midwest and many people in this part of the country have deep-seated, often religious influences on their...
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Client files trashed

April 1, 2009
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In the course of their job, lawyers find out some pretty personal stuff about their clients. Information that I’m sure the clients want to remain confidential and protected. Imagine my surprise when I read a news article today about an attorney...
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Law firm first

March 30, 2009
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An Indiana law firm has said it let some employees go because of the economy. Bose McKinney & Evans in Indianapolis sent out a press release last week saying 10 attorneys, two paralegals, and 13 support staff had been let...
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Required law school

March 27, 2009
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I know I’m a little late on this one, but has anyone else seen The Onion article, “Year of law school now mandatory for nation’s 25-year-olds?” The article  ran in the satirical paper March 11, but I remember seeing it recently...
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Cat paws & baby formula

March 25, 2009
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From IL reporter Michael Hoskins : Every so often, court rulings offer hidden treasurers that tickle the mind with intrigue rather than simple legalese and legal theory. Take Wednesday's two examples from the 7th Circuit Court of Appeals. Neither appeal...
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Twitter in the courtroom

March 23, 2009
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Can Twitter cause a mistrial or possibly taint a trial? Yes it can, if you’ve read any recent news stories about jurors using the social networking tool to “tweet” about their experience on the jury. Some guy in Arkansas sent messages...
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March distractions

March 19, 2009
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Today kicks off the NCAA Men’s Division I Basketball tournament, much to the joy and excitement of many (including myself). Instead of having to take time off work to keep up with your favorite teams or scores, many people can just...
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Judicial ethical code

March 18, 2009
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The Judicial Conference of the United States adopted a revised Code of Conduct yesterday, with one revision focusing on judicial impropriety and the appearance of impropriety. The revised code expands a little on when the appearance of impropriety occurs, but the...
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Irish justice visits Indy

March 16, 2009
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From IL reporter Rebecca Berfanger : While it’s one thing to hear from a law school that it is internationally recognized, it’s a little different to hear that from the Chief Justice of Ireland . “I was glad...
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Disaster plans at firms

March 12, 2009
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A fire in downtown Indianapolis has made two firms thankful they have disaster plans already in place. I spoke with John Trimble at LewisWagner and Peter Pogue at Schultz and Pogue this morning about the fire, and both reiterated the...
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Generation Y and job loss

March 11, 2009
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Is the Generation Y/ “highly praised” generation taking job loss worse than other attorneys or even others their same age in different professions? You definitely have to have a certain type of personality and work ethic to become an attorney: hard...
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No coffee = firm trouble?

March 9, 2009
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If you came to work one morning to find out that your company no long provided free coffee because it wanted to save money, would you be angry, worried, or indifferent? One Chicago firm has reportedly  cut free coffee...
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Prosecutor misconduct cases

March 6, 2009
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For those current and aspiring prosecuting attorneys out there, read two of today’s Court of Appeals opinions to learn what not to do while at trial. The appellate court dealt with two cases of prosecutorial misconduct but found both were harmless...
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Update on lawyers leaving law

March 4, 2009
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I wrote a post a few weeks back that said 75 percent of respondents to our online poll at that time said they had considered leaving the practice. After two more days of voting, the number went down to 65 percent....
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Racing star\'s trial begins

March 2, 2009
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Helio, what were you thinking? You are a high-profile guy thanks to your wins at the Indianapolis 500 and disco ball trophy from “Dancing with the Stars.” Did you think you and your attorney’s attempts at tax evasion wouldn’t get caught,...
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Tuning out layoff news?

February 27, 2009
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If you read any publication geared toward the legal community, you’ve undoubtedly encountered numerous news stories about law firm layoffs. It’s a topic we’ve covered both in IL and here in the blog and one that should be talked about. The...
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Study results no surprise

February 25, 2009
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The National Association for Law Placement has issued a report that confirms what most law students already know: student recruiting slowed last year as a result of the economy. I won’t go over all the details of the report here; you...
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2009 bills update

February 23, 2009
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This is do-or-die week for some bills in the legislature. The third reading deadline is Wednesday and those that don’t make it out in their current form will die. A few will be folded into other bills in an attempt to...
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  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

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