Opinion

Start Page: Make the most of your 24 hours with workflow planning

March 26, 2014
Seth Wilson
Lawyers are hardworking professionals. But, most feel like there is more work to get done than is possible in the 24 hours everyone has each day.
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Quality of Life: Don’t be a slug when dealing with a workplace bully

March 26, 2014
Jonna Kane MacDougall
According to a 2010 survey by the Workplace Bullying Institute, a nonprofit organization in Bellingham, Wash., 35 percent of American workers reported being bullied at work.
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Sidebars: Delicious comfort food is made with care at Indy eatery

March 26, 2014
Jennifer Lukemeyer, Fred Vaiana
We give DeeGusto’s Southern Cooking 3 1/2 gavels!
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Hammerle On … 'Mr. Peabody & Sherman,' '300: Rise of an Empire'

March 26, 2014
Robert Hammerle
Bob Hammerle says the leader of the Persian naval fleet in "300: Rise of an Empire" is not the kind of woman you would bring home to your mother.
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Boulukos: Guiding clients through an executive intervention

March 12, 2014
When an executive’s substance abuse triggers a personal and professional free fall, colleagues may be slow to recognize that the bottom is coming – and fast. At some point, and hopefully before permanent damage has been done, the fact that the leader has become a liability is impossible to ignore.
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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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DTCI: What happened to practicing ‘civil’ litigation?

March 12, 2014
From DTCI
It is unusual to open a lawyers’ magazine without seeing an article about civility. What happened to “civil” litigation? It must be like the weather – a lot of people are writing about it, but no one seems to be doing anything about it.
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Federal Bar Update: ND requires e-filing; SD launches hyperlink pilot

March 12, 2014
John Maley
Effective Feb. 24, all new complaints and removals in the Northern District of Indiana must be e-filed.
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Hammerle On … '3 Days to Kill' and 'Non-Stop'

March 12, 2014
Robert Hammerle
Bob Hammerle reviews two action movies where the heroes are aging, alcoholic men with lost hopes and dreams. Is there any question why both are male trial lawyers' dream films?
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Dean's Desk: Legal education partners enhance law school experience

February 26, 2014
Peter Alexander
At Indiana Tech Law School, we have decided to partner with our local legal community in order to break out of the mold of the “traditional law school.” The judges and lawyers in Northeast Indiana and Northwest Ohio have been invited to invest themselves in the success of our school and in the professional development of our students, and they have stepped up in a big way to help us.
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Pashos: Is cost-of-service regulation relevant in today's world?

February 26, 2014
Today, public utilities are experiencing significant cost increases, due to issues such as federal environmental and other mandates, and the need to upgrade decades-old infrastructure. These cost pressures, combined with fast-paced technology, market changes and other states’ experimentation with retail deregulation, are causing policymakers and others to ask whether cost-of-service regulation remains relevant or whether deregulation might be a preferable alternative.
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Ladendorf: Footage protected by work-product doctrine

February 26, 2014
My law firm recently confronted the discoverability of settlement documentary footage in a case involving a tractor-trailer collision in the U.S. District Court for the Northern District of Indiana, Hammond Division. Our firm retained an outside vendor to assist in the preparation of a “settlement video brochure” to present at the federal settlement conference. The video depicted the human toll of the plaintiff’s catastrophic injuries through lay and expert witness statements and home videos.
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Technology Untangled: Windows 8.1’s good points bundled with annoyances

February 26, 2014
Stephen Bour
If you read no further than this paragraph, here is the most important advice I have to offer. Be sure to choose a laptop that has a touch-enabled screen. Windows 8.1 is clearly designed to work best with a 10-point multi-touch screen.
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Hammerle On … 'The Lego Movie,' 'The Monuments Men'

February 26, 2014
Robert Hammerle
Bob Hammerle believes "The Lego Movie" should be nominated for an Oscar next year.
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Essley: The land of (health care lien) confusion

February 12, 2014
Eric Essley writes about a few of the health care-related lien statutes often encountered and/or cited by the plaintiff’s bar and their in-house/defense counterparts when trying to settle claims.
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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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DTCI: 'Caring for' family under FMLA

February 12, 2014

What happens when a family member is diagnosed with a terminal illness and begins the somber review of their bucket list, noticing that a trip to Las Vegas is still unchecked? Would taking time to accompany and care for that family member be included in the definition of caring for under the FMLA?

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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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Start Page: Tips for catching up after snow days

February 12, 2014
We’re already over a month in to 2014. So far, the weather has wreaked havoc on school and work schedules. If you are like me, the list of things to accomplish has only gotten longer as a result. The solution? Use your technology tools more efficiently. Here are three concepts and related tips to help you (and me) dig out and catch up.
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Hammerle on ... 'American Hustle' leads favorites for 2014 Oscars

February 12, 2014
Robert Hammerle
It's that time of the year when Bob Hammerle makes his Oscar picks. See if you agree with his choices.
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Papageorge: Predictive coding gaining support in courts

January 29, 2014
Attorneys now are faced with the monumental task of collecting, reviewing and producing their own client’s electronic documents while also reviewing the opposing side’s electronic documents. This can lead to uncomfortable conversations with clients regarding the significant cost of the process.
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Inbox: Attorney responds to letter suggesting refunds for failing bar exam

January 29, 2014
In reply to Mr. Robert C. Thompson, Jr.’s proposal in the “Viewpoint” column that law schools issue full refunds when alumni fail the Bar Exam twice, attorney Sally Hubbard respectfully disagrees.
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Indiana Judges Association: What you need to know about state judges

January 29, 2014
David Dreyer
While there may (or may not) be a big difference between horses and humans, there may not be any difference between horse judging and human judging. After all, judging is a fundamental objective endeavor.
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Hammerle On … 'Lone Survivor,' 'August: Osage County'

January 29, 2014
Robert Hammerle
Bob Hammerle says "Lone Survivor" is a powerful, heartbreaking film that simply has to be seen.
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BGBC: Court agrees with IRS that advanced client expenses are loans

January 29, 2014
An important U.S. Tax Court ruling last year may affect you and your law firm. The case settled a long-standing dispute between attorneys and the Internal Revenue Service regarding advanced client expenses for lawyers who handle cases on a contingency basis.
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  1. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  2. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  3. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  4. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  5. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

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