Opinion

Editor's Perspective: Indiana Lawyer honors outstanding Hoosier attorneys

May 3, 2017
Jennifer Nelson
Let me introduce you to 30 people who will undoubtedly impress you — this year’s Leadership in Law Award winners.
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Quality of Life: Fight feeling overwhelmed by focusing on just 1 thing

May 3, 2017
Jonna Kane MacDougall
Any number of things can make us feel overwhelmed. The cause could be work, friends, enemies, outside commitments, family responsibilities, clutter, financial problems, inundation by social media, traditional media, news, fake news, or any combination thereof.
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JLAP: One person’s story of alcohol addiction, recovery

May 3, 2017
Read a first-person account about one lawyer's struggle with alcohol addiction and help received through JLAP.
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Bradley: What to consider when preparing for mediation

May 3, 2017
Coming to the negotiating table can be stressful, not only for the parties but also for the lawyers involved. Here are some tips based on my experiences for what both sides can do to have a successful mediation.
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Hays/Raman: Do not treat mediation as routine and ordinary

May 3, 2017
Thomas Hays
Preparation is the key to success. As lawyers and advocates for our clients, this is not a foreign concept to any of us. However, when it comes to mediation, attorneys sometimes forget this key advice.
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Tech Untangled: Signal Private Messenger provides encrypted texting and more

May 3, 2017
Stephen Bour
I was looking for an easy-to-use encrypted messaging app specifically for texting, and Signal popped up on several searches.
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Hammerle on… 'Gifted,' 'The Promise'

May 3, 2017
Robert Hammerle
Bob Hammerle says the love story in "The Promise" distracts from its powerful theme.
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Neutral Corner: Trials may be vanishing but not the need for mediation

May 3, 2017
John Van Winkle
The phenomenon known as the “vanishing trial” has been a topic of serious discussion, and in some quarters, serious concern, since statistics showing a marked decline in the number of criminal and civil trials were first reported in 2004.
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Boots: IP audits, management programs have value

April 19, 2017
An IP audit maximizes the value of the organization’s IP assets, mitigates IP liabilities and supports an effective IP management program, which is often made an integral part of its strategic planning.
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Schantz: Software patents — the phoenix of patent subject matter

April 19, 2017
The Supreme Court shook the foundations of the software patent world in 2012 (Mayo v. Prometheus) and 2014 (Alice Corp. v. CLS Bank International), leaving business leaders (and their patent attorneys) to wonder whether — or even hope that — software patents were dead.
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Making Rain: Avoid being just another vendor

April 19, 2017
Dona Stohler
As a lawyer or law firm, you may have recently experienced a conversation with one or more of your clients that included being, in your opinion, treated like a vendor. This is never the position you want to be in with your client.
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Living Fit: Why we ‘choke’ and tips on how to avoid it

April 19, 2017
Sharon Buechler
Much like your house can be child-proofed, your memory can be stress-proofed!
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DTCI: A virtual office for the legal profession?

April 19, 2017
While some law firms have already implemented policies that allow work-from-home arrangements on a part-time or full-time basis, it has not yet become the norm in our profession. However, could this be the wave of the future?
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Dean's Desk: Guarding Legal Services Corp. from Trump budget cuts

April 5, 2017
Andrea D. Lyon
While Legal Services Corp. has been demonized in various ways over the years as troublemakers or leftist political actors, studies tell us that providing access to basic services produces economic benefits for state and local governments.
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Eye on the Profession: Lawyer succession planning is easier said than done

April 5, 2017
John Trimble
It is fair to say that there may be no hotter topic in the legal world right now than succession planning.
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Start Page: Microsoft Word for the legal profession — format defaults

April 5, 2017
Seth Wilson
Can Microsoft Word help you maintain competence and avoid procrastination? Yes, if you take some time to make your software tools work for you.
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Hammerle on… 'The Shack,' 'Beauty and the Beast'

April 5, 2017
Robert Hammerle
Bob Hammerle says "The Shack" felt like an emotional and moral reawakening.
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Inside the Criminal Case: Race, talking to jurors and impeachment

March 22, 2017
James Bell
As is typical in these articles, nine years of hard work by attorneys is summarized in three paragraphs and some writer like me says, “eventually this case landed before the United States Supreme Court.”
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Adolay: The consequences of improper employee classification

March 22, 2017
A dangerous yet continued way of thinking by some companies is that the company can enter into a contract with an individual and call it an independent contractor agreement, agree on how that agreement will be structured, and be protected from liability normally attributed to an employer. This misconception carries a potential for significant damages for the company and its decision-makers.
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Walker: EEOC investigative subpoena power to be tested

March 22, 2017
The Supreme Court of the United States is specifically addressing how appellate courts should review district courts’ decisions to quash or enforce an EEOC subpoena.
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Plugged In: 5 features to help you Excel

March 22, 2017
Deanna Marquez
When thinking of Excel, many think of numbers and formulas and begin to have nightmares about high school math. However, this program can be used for so much more than number crunching and complex data models.
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Federal Bar Update: Motions to reconsider; 7th Circuit conference in Indy

March 22, 2017
John Maley
Judge Robert L. Miller recently addressed a motion to reconsider a ruling denying in part a defense motion for summary judgment; the opinion provides good guidance on whether and when such motions are appropriate.
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Dunn: Indiana law, precedent lead to $2.6M settlement for sales rep

March 22, 2017
This article summarizes how a terminated commissioned sales representative achieved a settlement of over $2.6 million from an Indiana company.
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DTCI: Counsel, can you spare the time?

March 22, 2017
A famous saying which came to exemplify the Great Depression was, “Brother, can you spare a dime?” My question posed to Hoosier attorneys is, “Counsel, can you spare some time?”
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Hammerle on ... 'Logan,' 'Kong: Skull Island'

March 22, 2017
Robert Hammerle
Bob Hammerle says "Logan" may end up being one of the better movies this year.
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  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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