Opinion

DTCI: Sealing confidential terms of compromise

November 4, 2015
From DTCI
Recently, a colleague and I were faced with the following issue in a wrongful death action after resolving all claims at mediation: Is an Indiana trial court permitted to seal and/or prevent public access to records required to be filed with the court related to the compromise of a plaintiff’s claim that include or otherwise identify confidential terms of the resolution?
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Inbox: Young lawyers work togther

November 4, 2015
Defense Trial Counsel of Indiana recognizes hard work of young lawyers at Indiana Trial Lawyers Association.
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Hammerle on ... 'Bridge of Spies,' 'Freeheld'

November 4, 2015
Robert Hammerle
Hammerle says "Bridge of Spies" embodies every criminal defense lawyer's motto, "You brought the charge, now prove it!"
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Thompson: Advice to myself when I was a young lawyer

November 4, 2015
After a spirited conversation with colleagues about the opportunity to time travel, I posed the discussion topic, “If you had the opportunity to travel back in time and talk with your younger self as a new attorney, what advice would you share about life as a lawyer?”
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Jones: A millennial’s take on political involvement

November 4, 2015
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Hammerle On ... 'The Walk,' 'The Martian,' 'Sicario'

October 21, 2015
Robert Hammerle
Bob Hammerle says legendary director Robert Zemeckis’ “The Walk” must be added to the list of great films in 2015.
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Dean's Desk: Legal clinics cultivate essential lawyering skills

October 21, 2015
Andrea D. Lyon
I am certainly awarethat those of you reading this article know what legal clinics are and do – you all know that students in clinics learn how to interact with clients, opposing counsel and judges; but they also learn that actual clients are more important than they seem in casebooks and that their work makes a positive difference in their client’s lives.
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Retzner: The family vacation home: harmony or chaos?

October 21, 2015
In most instances, vacation homes achieve the goal of family harmony. After the parents pass away, however, that family harmony can quickly turn to chaos.
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Living Fit: 10 changes that make big strides for better health

October 21, 2015
Sharon McGoff
It is feasible and fairly simple to make a few small changes to enjoy a healthier body. If you take these steps, you will lose weight and feel energetic. Even if you just choose one of them, your health will improve over what it is today. No more excuses!
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Technology Untangled: Making good use of older technology

October 21, 2015
Stephen Bour
Sometimes there is wisdom in making better use of things we already have or in choosing gently used items. This article will look at some recent examples of where I chose not to automatically go with the newest technology and will detail how those choices worked out.
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Dean's Desk: Surveys give insight on graduates’ careers

October 7, 2015
Nell Jessup Netwon
Lately I have been spending some fruitful hours reviewing a treasure trove of data collected by a 12-year-long longitudinal study of law graduates who passed the bar in the year 2000. The survey results are available in a publication called “After the JD.” I commend it to your attention.
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Indiana Judges Association: The online life of judges requires prudence

October 7, 2015
David Dreyer
We legal professionals have a unique role to translate ancient theorems into optic fiber. Along with that obligation arises a longstanding devotion to ensuring the world understands what law is and has always been: an imperfect process to determine “facts” and apply the rules.
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DTCI: Second chair is not second fiddle

October 7, 2015
From DTCI
I had the privilege of being the second chair at my first jury trial in March of this year. As I begin preparations for my next trial as second chair, I have been reflecting on what I learned the first go-round. I share my thoughts here with the hope that they will help other young attorneys – or even a seasoned attorney when he or she mentors young attorneys.
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Inside the Criminal Case: New playbook for prosecuting white collar crime

October 7, 2015
James Bell, K. Michael Gaerte
There is a theme that permeates the news reporting of the 2008 financial crisis: no one went to jail as a consequence. In possible reaction to this theme, the U.S. Department of Justice recently issued a bulletin that has since been referred to as the “Yates Memo.”
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Hammerle On … 'Grandma,''Black Mass'

October 7, 2015
Robert Hammerle
Bob Hammerle writes that "Black Mass" demonstrates the downside of our national character.
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Neutral Corner: Mediation communications in legal malpractice actions

October 7, 2015
John Van Winkle
The legal malpractice case of Cassel v. Superior Court of Los Angeles County, 244 P. 3d 1080 (2011), continues to ricochet through the California mediation community and court system, and the issue it raised is now headed to the Legislature.
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Start Page: to-do list adjustments to help beat procrastination

September 23, 2015
Seth Wilson
While a legal pad and pen are forms of technology, and can be very effective, you should be tracking your to- do’s with digital tools.
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Reuben didn’t forget when local club turned him away

September 23, 2015
Mickey Maurer
Note my musings on friend Larry Reuben on the occasion of the spring opening of the Riviera Club pool.
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Hammerle On... 'A Walk in the Woods', 'Meru', 'Jimmy's Hall'

September 23, 2015
Robert Hammerle
Bob Hammerle writes of "A Walk in the Woods": "Despite negative reviews, this film should be seen by everyone over 50 or anyone wondering what it will be like at that age."
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3 things to know about the ethics of files

September 9, 2015
James Bell, Jessica Whelan
A formal opinion recently issued by the American Bar Association’s Standing Committee on Ethics and Professional Responsibility sheds light on what materials belong to the client.
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DTCI: Candor toward tribunal trumps attorney-client privilege

September 9, 2015
Jamie Oss
The requirement for candor toward the tribunal is set forth in Indiana Rule of Professional Conduct 3.3, and it qualifies the attorney-client privilege.
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Nothing is more important to democracy than civic literacy

September 9, 2015
Kelly Sharp
As we approach the 228th anniversary of the signing of the U.S. Constitution this Sept. 17, we might consider where civic literacy is taking place.
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Hammerle On... 'Best of Enemies', 'The End of the Tour'

September 9, 2015
Robert Hammerle
Bob Hammerle writes in regard to "The End of the Tour": "This film does a disservice to both Mr. Wallace and the audience. How could brilliance be displayed in such a dull fashion?"
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Hammerle On... 'Straight Outta Compton', 'The Man from U.N.C.L.E.'

August 26, 2015
Robert Hammerle
Bob Hammerle writes in regard to "The Man from U.N.C.L.E.": "Be prepared to say, 'I really enjoyed it, although I can't say I liked it.'"
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Start Page: Scanning solutions

August 12, 2015
Seth Wilson
Mobile device scanning doesn’t take long to learn and helps when you wish you had a copy machine nearby.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. 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!

  3. 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.

  4. 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.

  5. 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 ...

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