Viewpoint

Inside the Criminal Case: Can a defendant be convicted for being ‘annoying?’

March 12, 2014
James Bell, K. Michael Gaerte
In 2012, the General Assembly amended Indiana’s public intoxication statute to provide, in part, that a person was guilty of public intoxication if the individual is intoxicated “in a public place” and “annoys … another person.” Indiana Code §7.1-5-1-3(a)(4). But what constitutes “annoying?”
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Lucas: Our current gun control approach is not working

February 12, 2014
Kelly Lucas
While I am not arguing against a person’s right to own guns or protect himself from threat, here is the question I can not shake: When does one person’s right to own a gun trump another person’s right to return home alive? In fiercely protecting one, we are clearly not doing enough to ensure the other.
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Bell/Gaerte: 3 things to know about withdrawing from a case

February 12, 2014
James Bell, K. Michael Gaerte
Unfortunately, there comes a time in some attorney-client relationships when breakup is inevitable. You may have tried to “work things out” with your client, but things only got worse. So what do you do?
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DTCI: Can women in the legal profession really beat the odds?

October 23, 2013
From DTCI
Research has shown that the greatest barrier to advancement for women attorneys is the work-family conflict.
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Federal Bar Update: Rule requires advance service of non-party document requests

October 23, 2013
John Maley
Unknown to some practitioners, since 1991 the current version of Fed. R. Civ. P. 45 requires advance notice to opposing parties of document subpoenas issued to non-parties.
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Hammerle on … 'Gravity,' 'Captain Phillips'

October 23, 2013
Robert Hammerle
Taking place on a damaged space station, Alfonso Cuaron’s “Gravity” is the most challenging space adventure focusing on the human heart since Stanley Kubrick’s “2001: A Space Odyssey” (1968). It forces you to examine the ultimate purpose of life given the fact that we are all going to die.
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Indiana Judges Association: Are changes needed to ‘change of judge’ rule?

September 25, 2013
David Dreyer
Marion Superior Judge David Dreyer discusses the "Change of Judge" rule in this issue of Indiana Lawyer.
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Lucas: Ever wonder ‘What do reporters really want?’

June 19, 2013
Kelly Lucas
Lucas offers a few suggestions to a list created about what reporters want - and don't want - when interviewing attorneys.
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Indiana Judges Association: Judges need to take control of cultural standing

May 8, 2013
David Dreyer
Have you ever Googled “lawyer dog”? If you do, be prepared to see a limitless line of websites all featuring identical photos of the same canine seated behind his desk, along with various one-liners related to the law, dogs and just silliness.
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Federal Bar Update: Supreme Court takes rare steps on procedural decisions

May 8, 2013
John Maley
With its limited docket, the U.S. Supreme Court rarely decides procedural issues, focusing instead on weighty constitutional issues or resolving split interpretations of federal statutes. This term, however, the Supreme Court has addressed several procedural issues.
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Lucas: 2013 Leadership in Law Award winners revealed

April 24, 2013
Kelly Lucas
Through the profiles in the Leadership in Law award supplement, it is our goal to introduce IL readers to the men and women behind the public and professional personas.
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Lucas: Had a tough day? Escape to the movies!

February 13, 2013
Kelly Lucas
With this issue of IL, we begin presenting movie reviews by Indianapolis criminal defense lawyer Bob Hammerle. Bob is known to many lawyers and businesspeople for his passion about cinema and his colorful commentary about the latest shows to hit the theaters.
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Indiana Judges Association: Judges are good government partners

January 30, 2013
David Dreyer
Judge David Dreyer writes a letter to Gov. Mike Pence about how to make people more legally literate.
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LaBret: Demystifying online reputation defense

January 30, 2013
Jabez LaBret writes about how lawyers can control what shows up about them in online searches.
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Badger: Using arbitration clauses to reduce potential liability risk

January 16, 2013
Steven Badger
In the first part of this column, I outlined the advantages and disadvantages of arbitration as an alternative to litigation in court and concluded that neither arbitration nor litigation is preferable in all situations. This second part provides more specific suggestions on when to use arbitration in certain high-risk, “bet-the-company” situations.
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Badger: To arbitrate or litigate, that is the question

January 2, 2013
Steven Badger
In my world of dispute resolution, one of the most basic questions is whether a particular business dispute should be resolved in arbitration or in a court of law. Like many of the questions I am frequently asked by clients, there is no simple answer that fits all occasions and situations.
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McGoff: It is a new year, start creating a new 'you'

January 2, 2013
Sharon McGoff
Each year, as Jan. 1 approaches and we gaze in the mirror at the after effects of the holidays … dark circles under our eyes, too many cookies and an over-abundance of cocktail parties, we set our sights on resolutions. We vow that “this time” we are going to do it! However, the statistics show that over 80 percent of us who set New Year’s resolutions will fail.
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DTCI: Client relationships and effective case management

November 21, 2012
From DTCI
Both authors of this article recently had experiences in which our clients have shown us the true emotional impact that litigation can have on a new litigant.
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Lucas: Dedication of clerks leads to smooth elections

November 21, 2012
Kelly Lucas
The 2012 elections are finally over. And while I think most people, with the possible exception of mail carriers and holiday Scrooges, are happy to have gift catalogs replace political flyers in their mailboxes, I would bet that no group is happier to see election season come to an end than the county clerks.
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Book review: 'The Science of Attorney Advocacy'

November 21, 2012
Rodney Nordstrom
Unlike other books I have recently reviewed, the book “The Science of Attorney Advocacy targets a different type of reader.
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Lucas: More information is needed when judging the judges

October 24, 2012
Kelly Lucas
Up the street and around the corner from my Broad Ripple house, a yard sign caught my eye that didn’t involve the usual Democrat versus Republican political rhetoric. This simple, hand-painted sign called for the ouster of Supreme Court Justice Steven David.
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DTCI: take the time to appreciate life's moments

October 24, 2012
Michele Bryant
I cannot imagine any professionals more obsessed with time than lawyers. While a great debate still rages as to whether the billable hour is dead, the fact remains that many lawyers continue to measure services to clients by a unit of time: the billable hour.
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Start Page: why the fax won't die

October 24, 2012
Kim Brand
The modern fax machine was introduced in 1964 by Xerox. Fast forward to today. Unless you use a typewriter, there are no other machines in your office that have remained essentially unchanged in form and function for almost 50 years. Fax is ubiquitous, reliable, simple and cheap. Why would you want to mess that up?
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Indiana Judges Association: Could judicial Olympics cure court budget woes?

September 26, 2012
David Dreyer
Judge Dreyer comes up with a way to cure court budget woes and provide reality TV.
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DTCI: 'Queen bee syndrome' in the workplace – true or false?

September 26, 2012
If you are a woman trying to make it to the top of a law firm, can you expect a higher-ranking female attorney to take you under her wing? Do you need to undermine other women in order to advance or treat other women as threats?
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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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