ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT