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Hebenstreit: Thanks

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IBA-hebenstreitThree hundred sixty five days sounds like a long time, but 2011 has flown by very quickly. This is my last column in Indiana Lawyer. It has been a bit of a challenge coming up with fresh ideas to write about every other week. Now I know why the term of President is only one year–no person can come up with more new ideas for this column. I have no idea how Andy Rooney came up with a new idea each week for all the years he was on 60 Minutes–unless of course it was because he was paid to do it! Strangely enough, I have found that I have actually enjoyed writing the column.

This has been a productive and enjoyable year. After spending two full years as First Vice President and then President Elect, it would seem that every President has learned all there is to learn about the IndyBar. Not so. In past years, I was copied on countless emails, but this year my name was at the top of those emails and someone expected a response. It is amazing how much occurs in a year.

At the beginning of the year, I wrote that I hoped the theme for 2011 would be based on Collegiality and Service. Collegiality has become more important as the world gets more digital and immediate. Lawyers are great people and all of us are better served if we maintain good relations with our colleagues. Hopefully the IndyBar has provided you with an avenue for creating and maintaining friendships with other lawyers.

In addition to the Board, there are 17 sections of the IndyBar that are practice area specific. Four divisions exist and there are 22 committees. All have a specific purpose, and each has been very active this year. If you were too busy this year to take advantage of the services, perhaps next year you will be able to do so. Counting meetings, CLE programming and events, the IndyBar has hosted 312 activities–almost one a day. If you want to be further educated, take a look at the midyear report that was created this year highlighting the events and accomplishments of the Sections. We conducted quarterly meetings of the chairs, and I very much appreciate the high level of activity, energy and creativity of each chair this year.

The marquee events of the year were the Bench Bar Conference in June, the Las Vegas Destination CLE in October, the Racing Attorney’s Conference (TRAC) in April, the Women and the Law Symposium in October, and the Diversity Job Fair in August. An enormous amount of planning and execution was necessary to insure that each was a great success.

The Judges Roundtable was a new program started this year. Three separate events were held dealing with general civil law, criminal law, and family law. Thanks to the judges who volunteered to participate in the Roundtables, particularly at 8 a.m. Another new event was the collaborative effort of the Senior Counsel Division and the Young Lawyers Division for their Speed Networking event. Thanks to the work of the Communications Study Committee, the IndyBar will have new and more varied means of communicating with each of you. The website of the IndyBar was further refined this year, and a protocol was adopted dealing with Social Media issues for our Facebook and Twitter activity. Additionally, the Indy LawyerFinder is set to launch in January. It is an online search option for potential clients to locate and hire our members and is in addition to the existing Lawyer Referral Service.

The work of the Bar in providing good quality and relevant service to the members is accomplished by the time and effort of hundreds of volunteers. Thanks to all for the individual contributions that have made the Bar better. I want to thank all Vice Presidents, Officers, and members of the Board and especially our counsel, David Herzog and April Sellers. Special thanks to Julie and the staff. For any of you who have had the pleasure of working with them, you know what consummate professionals they all are. Finally to Robyn for letting me slide on all of the home chores I neglected all year.

Make sure to input January 12th in your Outlook calendar. That is the date of the Installation Luncheon where Scott Chinn will be installed as the 2012 President. Next year will be a great one. I have very much enjoyed working closely with Scott this year, and look forward to working with both Scott as well as his Board in 2012. I will particularly look forward to reading his President’s column next year. Happy New Year.•

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  1. Mr. Ricker, how foolish of you to think that by complying with the law you would be ok. Don't you know that Indiana is a state that welcomes monopolies, and that Indiana's legislature is the one entity in this state that believes monopolistic practices (such as those engaged in by Indiana Association of Beverage Retailers) make Indiana a "business-friendly" state? How can you not see this????

  2. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  5. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

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