Opinion

DTCI: Sealing confidential terms of compromise

November 4, 2015
From DTCI
Recently, a colleague and I were faced with the following issue in a wrongful death action after resolving all claims at mediation: Is an Indiana trial court permitted to seal and/or prevent public access to records required to be filed with the court related to the compromise of a plaintiff’s claim that include or otherwise identify confidential terms of the resolution?
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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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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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