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IBA: A 'Safe Ask' is Just a Phone Call Away

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By Robert W. York, Robert W. York & Associates

york-robert.jpg York

On January 26, 2006, the then members of the Executive Committee of the Seniors Lawyers Division (later renamed the Senior Counsel Division): Justice Brent Dickson; Bob York; Bob Geddes; Phil Genetos; Ray Good and John Render, met for the Division’s organizational meeting and discussed the direction that should be taken to accomplish the directive from Indianapolis Bar Association President Judge Cynthia Ayers that the Division undertake a significant initiative for the advancement of the IndyBar, its members and the practice of law.

Following the addition of Judge Sarah Evans Barker and Judge Margret G. Robb to the Committee, discussion ensued over several months as to the development of a program which would provide a resource for members of the IndyBar to obtain guidance and information from experienced attorneys intended to assist them in providing quality and ethical legal services to their clients.

At the recommendation of Judge Barker, the Committee determined that the nomenclature, “Safe Ask,” would properly describe the program’s purpose and would encourage potential users to believe that they could be safe in asking questions that would aid them and their clients.

With respect to the implementation of the program, the Committee determined that:

For conflicts check purposes – the responder should first determine whether the inquiry involves a matter in which the responder is involved.
ask-factbox.gif It was important to receive a safe question. For example, because the provisions of Rule 8.3 of the Rules of Professional Conduct require the reporting of a known violation of the Rules of Professional Conduct, the inquirer should be informed to frame their inquiry accordingly.

Responders should avoid the temptation to try to “solve” the inquirer’s case and instead should provide their best advice while reminding the inquirer that: since the practice of law is an art, there is usually no one “best” method to resolve a legal issue; that the advice given should be considered as a recommended approach and not as a guarantee that it will obtain the desired results; and, that the inquirer should exercise his or her independent judgment in deciding upon their course of action.

In the event the responder is unable to frame a proper response, the inquirer should be referred to another source, such as the Indiana State Bar Association Ethics Committee, which has been designated by the Supreme Court to provide advice on ethics issues.

The Safe Ask program should be made available to all IndyBar members and should utilize the IndyBar’s Website at www.indybar.org. A member wanting a response to a question may access the “Member Benefits” section of the site and then send an email by using the “Safe Ask” section of the site. Depending upon the nature of the question and the member’s indication, the question will be answered confidentially by email or telephone, or, if the question does not require confidentiality, will be forwarded to the Safe Ask Panel for responses as they choose.

The disclaimer approved by the Committee should be posted on the website.

Members of the initial Safe Ask Panel were: Robert W. York, Robert W. York & Associates; John C. Render, Hall Render Killian Heath & Lyman; Ronald L. Dyer, Elder Law Attorney; Terrill D. Albright, Baker & Daniels; Donald L. Centers, Hannon, Hutton & Associates; Robert W. Geddes, Hume Smith Geddes Green & Simmons; Philip C. Genetos, Ice Miller; Raymond Good, Lewis & Kappes; John Q. Herrin, Drewry Simmons Vornehm; Paul F. Kortepeter, Sommer & Barnard; and, Michael J. Rusnak, Harrison & Moberly.

In the intervening years, panel members have responded to a broad array of questions involving procedural, discovery and evidentiary issues as well as conflicts with a court, with clients, with opposing counsel and within a law firm.

The Safe Ask program has been and will continue to be a valuable resource for IndyBar members and all are encouraged to contact any of the current panel members listed on the IndyBar’s website, knowing in advance that they can safely ask any question.•

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  1. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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