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. 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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