IBA: Pause for Professionalism

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The situations are all too familiar – maybe you have just received discovery requests from opposing counsel and they are asking for your clients to provide more information than if they were going through a Senate confirmation hearing. Or you have propounded reasonable discovery requests only to find that your opposing counsel is objecting to every request using just the phrase “We don’t want to provide that. “Or opposing counsel has sent you thousands of pages of documents and, for every discovery response, has stated “It’s probably in there somewhere.”

Discovery can be a time consuming and often very frustrating part of litigation. Often, the rules don’t provide enough information to cover every possible situation and you can often feel like you are adrift in a sea of responses.

As a part of its Pause for Professionalism video series, the Professionalism Committee has recently released a video of Hon. Tim A. Baker, United States District Court, Southern District of Indiana in a video entitled “Civility in Discovery.” Judge Baker provides helpful hints for how to solve discovery disputes as well as some common pitfalls to avoid. Judge Baker also provides some insight for how much judges want parties to resolve their discovery issues without the intervention of the bench. Judge Baker’s comments and tips provide insight to practitioners across the board and can assist with discovery issues in every court.

New videos will be distributed every other month and are available on the IndyBar website at If you have any suggestions for future topics regarding professionalism and civility, please email them to Caren Chopp at•


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  1. Lori, you must really love wedding cake stories like this one ... happy enuf ending for you?

  2. This new language about a warning has not been discussed at previous meetings. It's not available online. Since it must be made public knowledge before the vote, does anyone know exactly what it says? Further, this proposal was held up for 5 weeks because members Carol and Lucy insisted that all terms used be defined. So now, definitions are unnecessary and have not been inserted? Beyond these requirements, what is the logic behind giving one free pass to discriminators? Is that how laws work - break it once and that's ok? Just don't do it again? Three members of Carmel's council have done just about everything they can think of to prohibit an anti-discrimination ordinance in Carmel, much to Brainard's consternation, I'm told. These three 'want to be so careful' that they have failed to do what at least 13 other communities, including Martinsville, have already done. It's not being careful. It's standing in the way of what 60% of Carmel residents want. It's hurting CArmel in thT businesses have refused to locate because the council has not gotten with the program. And now they want to give discriminatory one free shot to do so. Unacceptable. Once three members leave the council because they lost their races, the Carmel council will have unanimous approval of the ordinance as originally drafted, not with a one free shot to discriminate freebie. That happens in January 2016. Why give a freebie when all we have to do is wait 3 months and get an ordinance with teeth from Day 1? If nothing else, can you please get s copy from Carmel and post it so we can see what else has changed in the proposal?

  3. Here is an interesting 2012 law review article for any who wish to dive deeper into this subject matter: Excerpt: "Judicial interpretation of the ADA has extended public entity liability to licensing agencies in the licensure and certification of attorneys.49 State bar examiners have the authority to conduct fitness investigations for the purpose of determining whether an applicant is a direct threat to the public.50 A “direct threat” is defined as “a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services as provided by § 35.139.”51 However, bar examiners may not utilize generalizations or stereotypes about the applicant’s disability in concluding that an applicant is a direct threat.52"

  4. We have been on the waiting list since 2009, i was notified almost 4 months ago that we were going to start receiving payments and we still have received nothing. Every time I call I'm told I just have to wait it's in the lawyers hands. Is everyone else still waiting?

  5. I hope you dont mind but to answer my question. What amendment does this case pretain to?