Opinion

Inbox: Young lawyers work togther

November 4, 2015
Defense Trial Counsel of Indiana recognizes hard work of young lawyers at Indiana Trial Lawyers Association.
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Hammerle on ... 'Bridge of Spies,' 'Freeheld'

November 4, 2015
Robert Hammerle
Hammerle says "Bridge of Spies" embodies every criminal defense lawyer's motto, "You brought the charge, now prove it!"
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Thompson: Advice to myself when I was a young lawyer

November 4, 2015
After a spirited conversation with colleagues about the opportunity to time travel, I posed the discussion topic, “If you had the opportunity to travel back in time and talk with your younger self as a new attorney, what advice would you share about life as a lawyer?”
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Jones: A millennial’s take on political involvement

November 4, 2015
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Hammerle On ... 'The Walk,' 'The Martian,' 'Sicario'

October 21, 2015
Robert Hammerle
Bob Hammerle says legendary director Robert Zemeckis’ “The Walk” must be added to the list of great films in 2015.
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Dean's Desk: Legal clinics cultivate essential lawyering skills

October 21, 2015
Andrea D. Lyon
I am certainly awarethat those of you reading this article know what legal clinics are and do – you all know that students in clinics learn how to interact with clients, opposing counsel and judges; but they also learn that actual clients are more important than they seem in casebooks and that their work makes a positive difference in their client’s lives.
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Retzner: The family vacation home: harmony or chaos?

October 21, 2015
In most instances, vacation homes achieve the goal of family harmony. After the parents pass away, however, that family harmony can quickly turn to chaos.
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Living Fit: 10 changes that make big strides for better health

October 21, 2015
Sharon McGoff
It is feasible and fairly simple to make a few small changes to enjoy a healthier body. If you take these steps, you will lose weight and feel energetic. Even if you just choose one of them, your health will improve over what it is today. No more excuses!
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Technology Untangled: Making good use of older technology

October 21, 2015
Stephen Bour
Sometimes there is wisdom in making better use of things we already have or in choosing gently used items. This article will look at some recent examples of where I chose not to automatically go with the newest technology and will detail how those choices worked out.
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Dean's Desk: Surveys give insight on graduates’ careers

October 7, 2015
Nell Jessup Netwon
Lately I have been spending some fruitful hours reviewing a treasure trove of data collected by a 12-year-long longitudinal study of law graduates who passed the bar in the year 2000. The survey results are available in a publication called “After the JD.” I commend it to your attention.
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Indiana Judges Association: The online life of judges requires prudence

October 7, 2015
David Dreyer
We legal professionals have a unique role to translate ancient theorems into optic fiber. Along with that obligation arises a longstanding devotion to ensuring the world understands what law is and has always been: an imperfect process to determine “facts” and apply the rules.
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DTCI: Second chair is not second fiddle

October 7, 2015
From DTCI
I had the privilege of being the second chair at my first jury trial in March of this year. As I begin preparations for my next trial as second chair, I have been reflecting on what I learned the first go-round. I share my thoughts here with the hope that they will help other young attorneys – or even a seasoned attorney when he or she mentors young attorneys.
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Inside the Criminal Case: New playbook for prosecuting white collar crime

October 7, 2015
James Bell, K. Michael Gaerte
There is a theme that permeates the news reporting of the 2008 financial crisis: no one went to jail as a consequence. In possible reaction to this theme, the U.S. Department of Justice recently issued a bulletin that has since been referred to as the “Yates Memo.”
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Hammerle On … 'Grandma,''Black Mass'

October 7, 2015
Robert Hammerle
Bob Hammerle writes that "Black Mass" demonstrates the downside of our national character.
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Neutral Corner: Mediation communications in legal malpractice actions

October 7, 2015
John Van Winkle
The legal malpractice case of Cassel v. Superior Court of Los Angeles County, 244 P. 3d 1080 (2011), continues to ricochet through the California mediation community and court system, and the issue it raised is now headed to the Legislature.
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Start Page: to-do list adjustments to help beat procrastination

September 23, 2015
Seth Wilson
While a legal pad and pen are forms of technology, and can be very effective, you should be tracking your to- do’s with digital tools.
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Reuben didn’t forget when local club turned him away

September 23, 2015
Mickey Maurer
Note my musings on friend Larry Reuben on the occasion of the spring opening of the Riviera Club pool.
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Hammerle On... 'A Walk in the Woods', 'Meru', 'Jimmy's Hall'

September 23, 2015
Robert Hammerle
Bob Hammerle writes of "A Walk in the Woods": "Despite negative reviews, this film should be seen by everyone over 50 or anyone wondering what it will be like at that age."
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3 things to know about the ethics of files

September 9, 2015
James Bell, Jessica Whelan
A formal opinion recently issued by the American Bar Association’s Standing Committee on Ethics and Professional Responsibility sheds light on what materials belong to the client.
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DTCI: Candor toward tribunal trumps attorney-client privilege

September 9, 2015
Jamie Oss
The requirement for candor toward the tribunal is set forth in Indiana Rule of Professional Conduct 3.3, and it qualifies the attorney-client privilege.
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Nothing is more important to democracy than civic literacy

September 9, 2015
Kelly Sharp
As we approach the 228th anniversary of the signing of the U.S. Constitution this Sept. 17, we might consider where civic literacy is taking place.
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Hammerle On... 'Best of Enemies', 'The End of the Tour'

September 9, 2015
Robert Hammerle
Bob Hammerle writes in regard to "The End of the Tour": "This film does a disservice to both Mr. Wallace and the audience. How could brilliance be displayed in such a dull fashion?"
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Hammerle On... 'Straight Outta Compton', 'The Man from U.N.C.L.E.'

August 26, 2015
Robert Hammerle
Bob Hammerle writes in regard to "The Man from U.N.C.L.E.": "Be prepared to say, 'I really enjoyed it, although I can't say I liked it.'"
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Start Page: Scanning solutions

August 12, 2015
Seth Wilson
Mobile device scanning doesn’t take long to learn and helps when you wish you had a copy machine nearby.
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Hammerle On... 'Mission: Impossible – Rogue Nation', 'The Stanford Prison Experiment'

August 12, 2015
Robert Hammerle
Bob Hammerle writes in regard to "The Stanford Prison Experiment": "If the re-creation of an event is destructive, think what the actual event is like."
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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