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Hebenstreit: Banding Together for the Greater Good

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IBA-hebenstreitUsually, the collective body of a group can accomplish greater good than the individual parts. That is one reason people band together, be it for religious purposes, political ideals, or service to a community. This is certainly true of your IndyBar.

As lawyers, we know that helping those who cannot help themselves is part of our calling. Indiana Chief Justice Randall Shepard has stated that “(g)enerations of Indiana Lawyers have lent a hand to people in need at a moment when they couldn’t afford to pay. More of our fellow citizens need assistance during this recession, and it’s fortunate that the profession is better organized than ever to support the thousands of lawyers who’ve been willing to volunteer. It has plainly improved our profession’s standing with the public.”

In addition to assisting a person in need, pro bono attorneys have a positive impact on relieving the congestion of the Courts. But sometimes making the plunge into pro bono legal activity is not as easy as it seems. Is it reasonable for an IP lawyer to learn how to handle an interstate child custody matter just to participate in pro bono? Maybe for some, but there is a serious deterrent effect an anyone who is jumping outside their comfort zone. If your firm does not have a pro bono director, where do you turn? In our frenetic lives, sometimes it is just easier not to think about giving away our time and talents.

One of the many services the Association offers is the ability for lawyers to bridge the gap between knowing they should participate in pro bono services and actually doing it. As a collective group, under the leadership of Andy Campbell of Baker & Daniels, the IndyBar has already conducted the background work and has implemented many opportunities for our members to serve the needs of the community, even if your firm does not have a pro bono director.

One of the most fun programs is the Legal Line. On the second Tuesday of each month, lawyers gather at the IndyBar office to answer telephone calls. Caren Chopp does a great job alerting the community about Legal Line through public service announcements and flyers. Typically, there are 9 to 10 lawyers available each month to answer the calls. Each year, a very helpful booklet is prepared by the IndyBar that is a fantastic reference tool for our volunteers. It contains concise information about a large variety of legal issues including child support matters, immigration issues as well as Social Security information. The callers are quite interesting, and frequently really do not have substantive legal problems; they just need some one to chat with that can help them sort out the problem. Participating in Legal Line is not a frightening process. You will be surprised at how many of the questions you can answer just from law school, but if a call is very specific, both the resource book and one of your fellow volunteers can surely help out.

Similar to Legal Line is the Ask a Lawyer Live program. It is held twice a year in the Marion County Public Libraries around the county. Again, there is promotional material to attract “clients” including paid advertising. Our IndyBar paralegals are typically site coordinators. Lawyers volunteer to work a two hour time slot in the late afternoon, and each is provided a free copy of the resource book. Our volunteers assist 400 to 500 individuals each session.

Almost 2 decades ago, Scott Montross discovered that many residents of the homeless shelters in the city had great need for legal guidance, but no ability to pay for it. In fact, due to the transient nature of some, it was difficult for the person to schedule an appointment, even if they wanted to. Under Scott’s leadership, our volunteers agree to serve a 2 hour shift at the various homeless shelters. Members are only asked to serve 2 to 4 shifts during the year and are paired with another volunteer. Again, the problems are usually very basic, but incredibly important to the primarily women (and their children) who find themselves with no where to turn.

One domino effect of the recessionary economy has been the large number of personal bankruptcies. Several years ago, the Commercial & Bankruptcy Law Section established the Bankruptcy Help Line. If you have expertise in Bankruptcy, you can agree to be a helper. On two Wednesdays per month, the public is encouraged to call and obtain free telephone information. The volunteers do not even have to leave their own office. The calls are routed through the IndyBar, and forwarded right to your desk. How much easier can that be?

For the Probate lawyers, the Low Asset Will program and the Hospice Program could be a good fit. There is a pre-screening process, and our volunteers help prepare wills and end of life documents for individuals who don’t know and can’t afford an attorney to help them with sometimes very important guardianship, Powers of Attorney and related matters. The Hospice program provides an opportunity to assist with end of life legal issues through Wishard, Methodist (now Indiana University Health), the Abbie Hunt Brice Home and St. Francis Hospital.

How terrible would it be to have a special needs child and constantly be at odds with the school system over what type of assistance the school will provide for your child? As a result of Judge Grant Hawkins’ leadership, the School & Advocacy Program was created to assist those low income and foster families receive and enforce an individualized education plan for their special needs child.

If your area is family law, the Marion County Superior Court Pro Bono Project is for you. Judges are constantly faced with problems when a person has no attorney and is trying to navigate the maze of family legal matters. The attorneys who volunteer for this project are listed in an online database. The Judge, while on the bench and in the middle of a hearing, can access the database and assign one of our volunteers to assist that litigant.

We all know about the need for free legal assistance, but why do I think it is important enough to write about now? The numbers. Our pro bono programs are quite successful and have provided many of our members with the structure to participate in pro bono. To be specific, 335 IndyBar members are volunteers in our programs, but we have 5000 members. Many lawyers volunteer through other sources and provide tremendous benefit to our community, but we should have more of our members providing manpower for IndyBar programs. It is easy and does not entail a huge time commitment. Nothing feels better than knowing that you made a difference in the life of someone truly in need. Contact Caren Chopp at cchopp@indoybar.org or contact Andy Campbell to be placed in the perfect fit to gain that feeling.•

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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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