Indiana State Bar Association

SCOTUS won't take Indiana UPL case

October 13, 2010
Michael Hoskins
The Supreme Court of the United States won’t reconsider a significant unauthorized practice of law case ruled on by the Indiana Supreme Court earlier this year.
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ISBA panel still studying ALJ issues

October 13, 2010
Michael Hoskins
Gov. Mitch Daniels fired the state’s top utility regulator recently, citing ethical concerns about how a now-former administrative law judge presided over cases involving a regulated energy company leading up to his taking a job there.
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Former Florida chief justice to speak on diversity

October 8, 2010
IL Staff
A former chief justice of the Florida Supreme Court, who was on the bench during Bush v. Gore, is the keynote speaker at this year’s President’s Dinner at the Indiana State Bar Association annual meeting in Indianapolis.
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Juvenile reform continues after '09 summit

September 29, 2010
Rebecca Berfanger
No follow-through. That was a complaint voiced by attendees of last year’s summit to discuss juvenile justice matters in Indiana about many similar conferences they’d attended before: there was no follow-through.
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ISBA Business Law Section helps nonprofits

September 29, 2010
Rebecca Berfanger
While many attorneys may want to do pro bono work, not all of them are comfortable taking on what could end up being a lengthy and possibly complicated family law case, which is the majority of cases the pro bono districts around the state tend to handle.
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Legal conclave discusses diversity, stress, ethics

September 27, 2010
Rebecca Berfanger
Among the focuses for this year’s Indiana State Bar Association's fourth Legal Education Conclave conclave, which takes place every few years, were diversity, ethics, and stress among lawyers and law students.
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ISBA poll on judicial retention to be e-mailed

September 16, 2010
Michael Hoskins
A third of the Indiana Court of Appeals judges face retention this year, but before voters mark their ballots the state’s attorneys have a chance to say what they think about the five appellate judges who want to remain on the bench.
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Former ISBA president Rabb Emison dies

September 15, 2010
Michael Hoskins
Even after longtime attorney Ewing Rabb Emison Jr. had finished his service as a pivotal president of the Indiana State Bar Association more than two decades ago, his legacy has inspired generations of attorneys and will continue to do so in the future.
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Free CLE offered for TTALT volunteers

September 15, 2010
Rebecca Berfanger
The Indiana State Bar Association will offer its ninth annual free CLE session to prepare for the Talk to a Lawyer Today program from 9 a.m. to 4:30 p.m. Oct. 11 at Barnes & Thornburg in downtown Indianapolis.
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Former ISBA president Rabb Emison dies

September 2, 2010
IL Staff
The state legal community is saying goodbye to a past Indiana State Bar Association president who was a pivotal part of promoting diversity within the profession.
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Longtime attorney Rabb Emison dies

September 1, 2010
Rebecca Berfanger
Retired Vincennes attorney Ewing Rabb Emison Jr., 85, president of the Indiana State Bar Association from 1986 to 1987, died this morning.
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Nominations sought for awards

August 4, 2010
IL Staff
The Indiana State Bar Association is seeking nominations for several awards.
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Nominations sought for numerous awards

July 23, 2010
IL Staff
If you know of a lawyer or judge who demonstrates dedication and professionalism above and beyond most, there are several awards for which they may be considered. Deadlines are quickly approaching.
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ISBA conference attracts law students

June 23, 2010
Rebecca Berfanger
The ninth conference aimed at solo and small firm attorneys in Indiana was a success according to organizers and those who attended, especially going by the number of law school students in attendance compared to previous years.
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Articles about pending cases raise concerns

June 9, 2010
Michael Hoskins
At least two attorneys are questioning how some legal publications have included articles, columns, or other types of coverage on pending cases, and they worry that these articles may influence the judges on the cases.
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Groups to offer August seminars on attorney retirement

June 9, 2010
Rebecca Berfanger
There’s an old joke in the legal profession that attorneys never retire.So the Indiana State Bar Association and Indiana Judges and Lawyers Assistance Program have partnered to present three conferences in late August about retirement preparation.
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ISBA receives award for juvenile justice summit

May 21, 2010
Rebecca Berfanger
The Indiana State Bar Association has learned it will receive the LexisNexis 2010 Community and Educational Outreach Award for the “Summit on Racial Disparities in the Juvenile Justice System: A Statewide Dialogue,” which took place in August 2009.
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Attorneys face health concerns head on

May 12, 2010
Rebecca Berfanger
It’s never easy to handle an emergency when it comes to someone’s health, on a personal or professional level. But some early planning can help, especially when it comes to knowing who will take over the workload.
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Justices rule company engaged in UPL in trust mill case

April 28, 2010
Michael Hoskins
The Indiana Supreme Court orders an Indianapolis-based company to stop engaging in any conduct that might be considered unauthorized practice of law.
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Justices rule on trust mill UPL case

April 14, 2010
Michael Hoskins
The Indiana State Bar Association has won an unauthorized practice of law action against an estate planning services company, but wasn't able to completely sway the state's highest court that all "costs and expenses" should be completely granted for the prosecution of the case.
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Courthouse artwork on display at ISBA

March 31, 2010
Rebecca Berfanger
The Indiana State Bar Association's courthouse art project is now on display for the public at the ISBA's offices in downtown Indianapolis.
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Indiana juvenile justice bill first in nation

March 31, 2010
Rebecca Berfanger
In what started at a summit hosted by the Indiana State Bar Association in August, House Enrolled Act 1193, which authorizes a work study commission to consider various juvenile justice issues in Indiana, was signed by the governor March 17.
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Lawyers support ISBA's oral history project

March 31, 2010
Rebecca Berfanger
Having read some of the transcripts from an oral history project, it's easy to see why members of the Indiana State Bar Association's Senior Lawyers Section decided to interview men and women who've significantly contributed to the practice of law in Indiana.
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Agencies examine UPL

March 17, 2010
Michael Hoskins
Long before he became Greenwood's police chief, attorney Joe Pitcher recalls sitting as a special judge in town court and facing an Unauthorized Practice of Law case that may be one of few like it in Indiana.
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Legislature's final days bring up merit selection, out-of-state placement issues

March 17, 2010
Michael Hoskins
Hoosier lawyers and judges were kept on the edge of their seats as the Indiana General Assembly navigated its final days of the session, reviving talk on two issues that have significant impact on the state's judiciary and legal system.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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