Opinion

Protecting Your Practice: Avoid problematic fee agreements

December 2, 2015
Neal Bowling, Dina Cox
It is crucial to have a clear, written agreement with your client explaining not just the scope of your services, but how you will be paid for those services. Be careful that you don’t run afoul of your professional obligations in that fee agreement or in your billing.
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Hammerle on ... 'Trumbo,' 'Spotlight'

December 2, 2015
Robert Hammerle
Bob Hammerle says "Trumbo" is a study in American history that should not be forgotten.
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O'Neil: Litigating in a paperless environment

November 18, 2015
If you walked down the hallway of the average law firm in the year 2000, what would you see? Paper, and a lot of it!
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Making Rain: Abiding by rules 7.1 and 7.2 in a #DigitalWorld

November 18, 2015
Dona Stohler
Recently, I had the pleasure of attending an Indiana Lawyer CLE program on how lawyers and law firms should interpret the professional code of conduct regarding digital advertising and communications. My conclusion from the entire discussion is that there are a few things that are clear and there is a lot that is still pretty fuzzy.
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Federal Bar Update: Significant rule changes coming Dec. 1

November 18, 2015
John Maley
Significant changes to the Federal Rules of Civil Procedure take effect to civil cases filed on or after Dec. 1, or to cases already pending to the extent just and practicable. The Supreme Court of the United States approved these changes in April, and Congress has taken no action to stop them becoming effective.
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Marquez: Take simple steps to save your assets

November 18, 2015
We have all been there at some point: having spent an inordinate amount of time getting a document phrased perfectly and in an instant it is all gone.
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Hammerle on ... 'Room,' 'Spectre'

November 18, 2015
Robert Hammerle
Bob Hammerle says "Room" is a movie experience that you cannot help but dread.
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Falcon: Are no-damage-for-delay clauses enforceable?

November 4, 2015
When the enforceability of a no-damage-for-delay clause is litigated in Indiana, practitioners commonly rely on the treatment of certain exceptions in other jurisdictions, while conceding that Indiana’s courts have not definitively weighed in. But is that position entirely accurate?
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Reddick and Law: TIF financing and public-private partnerships on the rise

November 4, 2015
As the state of Indiana continues to search for new and innovative ways to recruit businesses to the area and create more jobs, the use of creative financing incentives such as tax increment financing and public-private partnerships, or P3s, has continued to be essential to development.
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Bell/Whelan: 3 things to know about reporting ethics violations

November 4, 2015
James Bell, Jessica Whelan
If you’re like us, you’re a lawyer who enjoys giving advice to others. As attorneys who represent other attorneys in disciplinary matters, we often receive requests to give ethics advice to lawyers. As luck would have it, we like lawyers and generally enjoy giving advice to lawyers when we can.
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Start Page: 3 reasons to consider using an Apple Watch

November 4, 2015
Seth Wilson
Lawyers need help managing the massive amounts of information we process on a daily basis. Wearable devices can help weed through the noise and filter the most important information to you when and where you need it.
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Mellowitz: Judges should not ignore discovery violations

November 4, 2015
After 27 years in the trenches of civil litigation, most on behalf of injured plaintiffs, it is still shocking to see the blind eye that some judges turn toward even the most egregious violations of the discovery rules.
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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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  1. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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