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Hebenstreit: FIGHT ON!

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IBA-hebenstreitLess than 24 hours ago, I knew exactly what my topic for this column was going to be. I was going to talk about the insights I have learned working with the many talented members of the IndyBar this year. Now, as you read this you may wonder what this column has to do with the IndyBar. Well, when I signed on to do this job, I was told I could write about anything I wanted, so that is what I decided to do this time.

For about 5 years when I was in law school and after, two other friends and I drove to Hamburg, New York (near Buffalo) to snow ski. A mutual friend was from there, and his parents still lived in Hamburg. That gave us exactly what we needed — a place to stay that was my favorite price — free. Without their hospitality, we Hoosiers would not have been able to afford skiing. Pete and Mollie were just great folks. Both had white hair, were very Catholic, and were obviously very close. They lived in a New England clapboard house that was always covered in snow. Each year, they turned themselves inside out to make us feel at home. We thought we had hit the jackpot and wondered why they put up with us. Now that I have grown children, I know that they enjoyed it as much, or more, than we did. A great deal for all concerned.

Last night I recognized the Hamburg return address on a Christmas card and opened it. For some reason, after 33 years, I still remember their street address. The card was from Pete. That’s right, not Pete and Mollie. I knew that Mollie had passed away earlier this year. We had shared Christmas cards with each other every year, but the notes we received in prior years were always in Mollie’s handwriting. This year, Pete was writing to let their friends know of Mollie’s passing. Reading the card was emotional.

Everyone has a different way of celebrating/dreading the holiday season. We will be fortunate enough to have the entire family home. Being able to spend time with grown children is priceless. It will be fantastic to have them around even for just a few days. My Dad celebrates his 87th birthday on Christmas Day, and all will be around to help him celebrate it. His knees are getting a little unreliable and his hearing is shot. He spends most of his days taking care of my Mother, but that is his mission in life at this point. He doesn’t seem to mind. Robyn’s parents will also be around. Both are OK, but the years take their toll. What a strange reward for a life well lived!

I have handled enough family law cases to know how stressful the holiday season can be. Many families are not close, and the required interaction at the holiday season is probably unbearable. We have several friends who have lost parents, siblings and even children this past year. It must be horrible to watch the calendar creep closer to the holidays and wonder how empty the feeling will be. Hopefully all will find their own peace.

But I do not want to end on a sad or somber note. Pete’s handwritten note under the standard typed letter read “Mollie sure loved your ‘ski trip’ visits. So did I.” And we thought we were getting the better part of that deal! He also wrote “I plan to stay here on Highland Ave. The neighbors are great, the yard work is good for my health…and I know where everything is supposed to be.” What an attitude! He had cared for her through a 5-year battle with Alzheimer’s. Many would think their life was over after losing their best friend of 60 years, but not Pete. I hope I have that spirit when the chips are down. It is a good lesson for me, and I hope for you also. Fight on!

I hope you all have a very Happy Holiday season.•


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  1. G. Michael Witte letter states he's suspended for three years. The case that got him suspended is identical to my estate case, including havin the Late Judge Deiter recuse himself because Newman had a conflict of interest with the judge. His Modus Operandi is nearly identical.

  2. SIGNED BY G. MICHAEL WITTE EXECUTIVE SECRETARY INDIANA SUPREME COURT DISCIPLINARY COMMISSION DATED MAY 17, 2012.

    Your 6th complaint against Lawrence T. Newman filed on 4/12/2012. On 1/31/12, the Indiana Supreme Court entered an order suspending Lawrence T. Newman’s law license for a period of three years. More important, even after three years, Lawrence Todd Newman will not get his license back unless and until he goes through a separate proceeding to prove that he is fit to practice law. This is not an easy process, and the burden is upon Lawrence T. Newman to prove by clear and convincing evidence that he is fit to return to practice.
    Because of the length of Lawrence T. Newman’s license suspension and the fact he may never succeed in getting his law license reinstated, we are not opening an investigation file at this time.
    Should Lawrence T. Newman seek reinstatement in the future, we will open your file and ask Lawrence T. Newman to address your grievance as part of his burden of proving fitness. We have attempted to notify Lawrence T. Newman that this will be required of him.
    It may disappoint you to hear that we will be doing nothing on your grievance at this time. However, the most our office can ever accomplish is to take away a lawyer’s license to practice law. We have already done that, albeit as a result of misconduct in cases other than your own. It makes better sense for our office to focus its limited resources on cases where the lawyers are still actively practicing law.

  3. Is there any justice in the Marion County Superior Court Civil Division? I am the unfortunate victim of a retaliatory lawsuit brought by Lawrence Todd Newman, the attorney from an estate case on which I worked as a unsupervised personal representative in 2006. The contract agreement for that case stated that the estate would be responsible for all attorney fees, but Newman refused to close the nearly insolvent estate when my duties were complete and his fees were paid. Instead, he tried to extort additional attorney fees from me by keeping the case open to address a wrongful death claim, despite the estate’s heir’s lack of interest in pursuing it and an expert doctor’s opinion that it would not be worth doing so. He also knowingly deceived me into believing that a “closing statement” was needed to close the estate, even though this requirement had actually been waived by the estate’s heir. The heir’s attorney filed a motion to have Newman removed from the case. After the court closed the probate case with prejudice (barred from further litigation) Newman illegally re-opened the case in another courtroom.
    As a result of complaints filed against him for these and similar actions, Newman has been suspended from practicing law for 18 months by the Indiana Disciplinary Commission. In retaliation, he has filed suit against me demanding additional attorney fees for the 2006 estate case, despite the fact that I made no agreement stating that I would pay any fees from my own assets on behalf of the estate. This lawsuit violates the rules of ethics, due process of law, and equal protection of law. Newman has been allowed to file ridiculous pleadings at an alarming rate and has been supported by a biased court system. Judge Carroll refuses to recuse himself from the case despite the fact that, by his own admission, he intends to grant Newman sanctions regardless of the evidence. When my former counsel discovered that the previous judge on the case, Judge Sosin, was a long-time close friend of Newman’s family, Judge Carroll commented for the record during a hearing that Judge Sosin in so many words “he finds the door “was weak for recusing himself from the case as a result of this obvious conflict of interest.
    This case is a public policy issue. Statutes put in place to protect unsupervised personal representatives in probate matters are being ignored. This case will affect thousands of individuals involved in probating and the personal representation of estates. Justice cannot possibly be served as long as a biased judge is allowed to defend a “vexatious litigant,” as Newman has been described by Judge Logan in Bradenton, Florida court. If there is any justice in the Marion County Superior Court Civil Division, this case against me will be dismissed with prejudice.

  4. Every affront to decency and every style adopted by criminals is not per se a constituttional violation. Only fools believe or espouse that.

  5. This was an unnecessary change in law, a needless fiddling with a tax that impacted very very few hoosiers, but one that erodes a tax base benefitting very many hoosiers. Just because some people wanted to chalk up a "tax cut" on their legislative brag-list, and didnt give a fig about replacing the revenue any other way. Really stupid. I am a republican my whole life and this just shames me like hell. I have to use a fake name over this because I know my fellow republicans are all brain washed over tax cutting too.

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