Opinion

Federal Bar Update: Comments accepted on Rule 45 amendments

September 14, 2011
John Maley
John Maley discusses proposed rule amendments and a study on 12(b)(6) motions.
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Terms of Art: From death row to SoHo

September 14, 2011
Wandini Riggins
Attorney Wandini Riggins writes about lawyer Rhonda Long-Sharp, who has a gallery in Indianapolis and plans to open others in Detroit and New York.
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IL Editorial: The cynic asks: yVote! or why vote?

August 31, 2011
Editorial Indiana Lawyer
Marion County Clerk Beth White has started her yVote! program, which we believe to be a wonderful undertaking. She travels to any Marion County high school that will have her in to teach civics.
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Sidebars: When in Buffalo, eat wings

August 17, 2011
Jennifer Lukemeyer, Fred Vaiana
Fred Vaiana gives Anchor Bar in Buffalo, NY 4 gavels!
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Technology Untangled: QR codes provide quick info for smartphones

July 20, 2011
Stephen Bour
While relatively new to smartphones, this type of two-dimensional matrix barcode has actually been in existence since 1994.
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Nordstrom: Book disappoints seasoned jury consultant

July 20, 2011
Rodney Nordstrom
Trial consultant Rodney Nordstrom reviews "The Micro-script Rules."
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SIDEBARS: A serving of history at the Pioneer Village

July 20, 2011
Jennifer Lukemeyer, Fred Vaiana
Attorneys Jim Voyles and Jennifer Lukemeyer joined guests and Pioneer Village volunteers at an annual supper held as a prelude to the state fair in August.
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Terms of Art: Attorney is a 'study in contrasts'

July 20, 2011
Wandini Riggins
Author Wandini Riggins writes about Norman G. Tabler, Indiana University Health's senior vice president and general counsel.
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Barnes used as excuse to challenge merit selection

June 22, 2011
Editorial Indiana Lawyer
We surmised it would only be a matter of time before the clamor began, but we were a little taken aback at how few days passed after the Indiana Supreme Court decision in Barnes v. State was issued before a legislator told us he would put together a proposal to change the merit selection process that’s been in place for our appellate courts for nearly 40 years.
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Sidebars: 'A Taste of Europe' found in Indianapolis

June 22, 2011
Jennifer Lukemeyer, Fred Vaiana
Attorneys Jennifer Lukemeyer and Frederick Vaiana give the grocer three gavels.
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DTCI: A refresher in insurance defense client and company reporting

June 22, 2011
Communication is vital to maintaining ethical obligation, professionalism, and civility in client representation.
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Guest columnist: Indiana's texting ban is flawed and unenforceable

June 8, 2011
Indiana attorney Chris Pearcy discusses the new law banning texting while driving in Indiana, which takes effect July 1.
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Nordstrom: Author provides jury selection strategies

May 25, 2011
Rodney Nordstrom
Rodney Nordstrom writes about the book "Principles and Practice of Trial Consultation."
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Valuing a business is not an exact science

May 25, 2011
Authors Howard I. Gross, Steven W. Reed, and Erika M. Gowan of BGBC Partners, write about determining a business' worth.
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Editorial: Threats are inappropriate way to voice an opinion

May 25, 2011
Editorial Indiana Lawyer
What we want to address here is the troubling descent into madness that has appeared alongside the reasonable discourse on the subject of the recent Indiana Supreme Court decision Barnes v. State .
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Sidebars: Tavern on South gains favorable ruling

May 25, 2011
Jennifer Lukemeyer, Fred Vaiana
The authors give Tavern on South in Indianapolis 3 1/2 gavels.
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DTCI: The anatomy of jobsite accident claims

May 25, 2011
From DTCI
In the unfortunate event of a construction jobsite accident that results in bodily injury or, in the worst-case scenario, a fatality, the resulting claims and litigation can be extremely complex. Construction jobsite accident claims often play out as follows.
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Justices reverse forfeiture of truck

April 27, 2011
Jennifer Nelson
The Indiana Supreme Court agreed with the lower appellate court that a man’s truck shouldn’t have been lost in a civil forfeiture action because the state didn’t prove any substantial connection between the truck and the commission of a crime.
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Technology Untangled: Use caution with PC speed-up software

April 27, 2011
Stephen Bour
It seems like just about everyone feels like their PC is running slowly, or it is slowing down compared to when it was new. It doesn’t really matter how fast your newest PC is, the desire for faster and smoother operation is a common thread of complaint. Software vendors are well aware of this.
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Editorial: Lake Co. merit selection is back on the table

April 27, 2011
Editorial Indiana Lawyer
It’s at the end of House Bill 1266, and we have no idea whether the legislation has a chance at passage by the April 29 session deadline, but we had to go back and read it twice before we believed what we were seeing.
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Sidebars: Savor the taste of Italy in Shelby County

April 27, 2011
Jennifer Lukemeyer, Fred Vaiana
We give Panzarotti's Italian Cafe 3 gavels!
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In-box: Hat club needs more members

April 27, 2011
A reader responds to a column by Mickey Maurer.
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In-box: Bigotry and prejudice must be fought

April 27, 2011
A letter to the editor on Mickey Maurer's column on diversity.
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In-box: Don't we have more pressing business?

April 27, 2011
A reader writes in about a diversity column by Mickey Maurer.
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Editorial: More of the same?

April 13, 2011
Editorial Indiana Lawyer
They’re back, and like most citizens who watch with interest the goings on in the Indiana General Assembly, we’re not sure it’s altogether a good thing.
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  1. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  2. 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.

  3. 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.

  4. 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)

  5. "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.

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