Bar Associations/Foundations

IndyBar Frontlines - 9/10/14

September 10, 2014
From IndyBar
News from around the IndyBar.
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IndyBar: Getting Along Is Not Wrong: Law and the Golden Rule

September 10, 2014
From IndyBar
How often have you filed an emergency Motion for Continuance only to have an opposing counsel file an “Objection for the Record?” Frankly, I am amazed at how often attorneys file these coded objections to let the court know that while the attorney has no real objection, he or she is filing it only on behalf of the client.
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IndyBar: Ricafort to Lead Indianapolis Bar Association in 2017

September 10, 2014
From IndyBar
The Indianapolis Bar Association’s Nominating Committee has announced the selection of Nissa M. Ricafort of Broyles Kight & Ricafort PC as the 2017 President of the Indianapolis Bar Association. Ricafort will serve as the association’s First Vice President on the 2015 Board of Directors and as President Elect in 2016.
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Late Fort Wayne program director to be honored with pro bono award

September 9, 2014
Marilyn Odendahl
The Indiana Bar Foundation and the Indiana Pro Bono Commission will recognize the dedication and tireless efforts of the late Terrance P. “Terry” McCaffrey at its 2014 annual pro bono awards ceremony.
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DTCI: Playing by the rules

August 27, 2014
From DTCI
Christopher Lee uses a popular board game to teach his children about democracy and the rule of law.
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IndyBar: Straight Talk Straight from the Top

August 27, 2014
From IndyBar
Members of the current IndyBar Board of Directors discuss their roles, responsibilities and also offer advice to those considering serving on the board in 2015.
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IndyBar: Evening Under the Stars Preparation is Underway

August 27, 2014
From IndyBar
In just a few weeks, the Indianapolis Bar Foundation (IBF) will host its annual fundraiser, the Evening Under the Stars Dinner & Auction. The event features an elegant dinner, cocktails, live entertainment and silent and live auctions – all while attendees have the chance to mingle with Indy’s top legal professionals.
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Abrams: Law School Orientation—Oh, To Be Young Again!

August 27, 2014
Jeffrey Abrams
I had the honor of attending law school orientation on Saturday, August 16 at the Robert H. McKinney School of Law. I sat on the dais with the Honorable Jose Salinas of Marion Superior Court, the Honorable Jane E. Magnus-Stinson of the U.S. District Court for the Southern District of Indiana and McKinney School of Law Dean Andrew Klein.
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IndyBar: A Collective ‘Thank You’ at the IndyBar Paralegal Appreciation Luncheon

August 27, 2014
From IndyBar
Paralegals play an invaluable role in the legal profession. This sentiment was proven by the outstanding turnout at the 2014 IndyBar Paralegal Appreciation Luncheon as more than 150 attorneys, judges, and of course, paralegals gathered to enjoy conversation, lunch and even a laugh on August 14.
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IndyBar: Volunteers Needed for Family Law/Minor Guardianship Pro Bono Cases

August 27, 2014
From IndyBar
Since early 2013, the IndyBar and local legal service providers have been teaming up to provide pro bono help in family law cases. More than 100 cases have been placed as a result of these efforts, and additional volunteers are needed to continue this successful partnership.
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Companies need to draft 'bring your own device' policies

August 13, 2014
Marilyn Odendahl
While the convenience of handheld, portable computers enables employees to peruse email, communicate with clients and review documents without being tied to the office, the “bring your own device,” or BYOD, trend is creating tensions between how much access an employer can have to the worker-owned device and how much privacy an employee can expect.
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DTCI: The sleeping giant - Indiana’s Deceptive Consumer Sales Act

August 13, 2014
Jason Massaro
Indiana’s Deceptive Consumer Sales Act, I.C. 24-5-0.5 et seq., is a fairly complicated statute clothed in relative obscurity. The DCSA’s complexity is due partly to the way it is written, its scope, and the numerous cross-references to other conduct and statutes that fall within its purview. This article will introduce the statute, discuss its uses, implications, and its application to various types of transactions.
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DTCI: Paralegal summer social

August 13, 2014
From DTCI
The DTCI Paralegal Section Summer Social was held July 17 at The Slippery Noodle Inn in Indianapolis. Twenty current and prospective members of the section attended to hear DTCI director Kevin Tyra speak – and to take advantage of the complimentary refreshments offered by the event sponsor, Connor Reporting.
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DTCI: North Central Region Trial Academy

August 13, 2014
From DTCI
Need to enhance your skills as a litigator? Searching for a good trial advocacy seminar? If so, be sure to register today for the 2014 North Central Region Trial Academy! The academy is the only in-depth trial tactics seminar in Illinois, Indiana and Wisconsin designed by defense attorneys for defense attorneys.
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IndyBar: Road Mapping with 2015 IndyBar President John C. Trimble

August 13, 2014
From IndyBar
The nominations for IndyBar’s 2015 Board of Directors are now open, and it’s up to you to help determine the future of your local bar association! We talked to next year’s president, John C. Trimble of Lewis Wagner LLP, to get a roadmap of what board members can expect from board participation in 2015.
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IndyBar Names Dickson and Kappes Recipients of 2014 Professionalism Awards

August 13, 2014
From IndyBar
The IndyBar Professionalism Committee has named Chief Justice Brent Dickson of the Indiana Supreme Court the 2014 recipient of the Silver Gavel Award, while Philip “Skip” Kappes of Lewis & Kappes has been awarded the bar’s Professionalism Award.
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IndyBar to Host Criminal Justice Complex Forum

August 13, 2014
From IndyBar
IndyBar members are invited to attend an upcoming open forum on plans for the city’s proposed consolidated criminal justice complex. The forum will take place Monday, Aug. 18 from 4 to 5 p.m. in the IndyBar Education Center. It is offered to IndyBar members at no charge. Pre-registration is not required.
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Abrams: Sections, Committees and Divisions, Oh My!

August 13, 2014
Jeffrey Abrams
Each quarter, I have the opportunity to listen to the chairs of all the Indianapolis Bar Association’s sections, committees and divisions describe accomplishments they have achieved during the past quarter as well as forecast great things to come throughout the balance of the year. There is some amazing work done by these groups – not all of which is known to our members.
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IndyBar: Pro Bono in the Fast Lane!

August 13, 2014
From IndyBar
In the mood for meaningful pro bono service without the long-term commitment? Check out two one-day-only pro bono opportunities coming up soon with the IndyBar!
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IndyBar: Fellows Demonstrate Community Commitment at Service Events

August 13, 2014
From IndyBar
The Indianapolis Bar Foundation (IBF), the charitable arm of the Indianapolis Bar Association, chooses a new class of Distinguished Fellows each year. Fellows commit to contributing financially to the IBF, but there is also a service component that helps the Fellows give back to the community in a non-legal way.
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IndyBar: Indiana Appellate Institute Moots Eight Cases, Raises Thousands for Scholarships

August 13, 2014
From IndyBar
The Indiana Appellate Institute was created by the IndyBar Appellate Practice Section in 2010 as a resource for lawyers throughout the state who have oral arguments scheduled before the Indiana Supreme Court or Indiana Court of Appeals.
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MCBA to host membership drive

August 12, 2014
Marilyn Odendahl
The Marion County Bar Association is continuing to advance its mission with a special event to reconnect with past members and welcome new members.
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DTCI: Mentoring – taking care of lawyering business

July 30, 2014
Cynthia Muse
Guess what? Unless you keep your office door closed, don’t talk on the telephone and don’t use email/Facebook/Twitter, you mentor every working day.
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IndyBar: Your Home for CLE…and CFP!

July 30, 2014
From IndyBar
The IndyBar is known for hosting more than 100 CLE programs each year, but did you know that some of those programs also qualify for Certified Financial Planning (CFP) credit? The IndyBar is now offering CFP credit in addition to CLE credit at select upcoming programs.
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IndyBar: Interrogatories - Eric Schmadeke

July 30, 2014
From IndyBar
A candid Q&A with the bench and bar.
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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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