Opinion

Lucas: Looking back, looking ahead, and saying thanks

February 11, 2015
Kelly Lucas
The dramatic changes that our world has experienced, and the impact those changes have had on the practice of law, has produced a fertile supply of topics to address over the years.
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Indiana Judges Association: Law, time and judgment are shared responsibilities

February 11, 2015
David Dreyer
When New York City claimed 20-30 inches of snow were coming (and got less than 10), I was reminded of so many lawyers who claim three days for their case (but only use one). All of us on the bench or bar tailor our talents toward forming our best judgments. Such a responsibility necessarily includes the talented due consideration of time.
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Lundberg: The importance of preserving the attorney-client privilege

February 11, 2015
The dispute between former Indiana University Purdue-Fort Wayne Chancellor Michael Wartell and Purdue University has attracted much media attention – some of it wondering why Purdue would fight so hard to protect its claim that a lawyer-investigator’s report was protected by the attorney-client privilege and should not be released.
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BGBC: Don’t get duped. Test your fraud skills

February 11, 2015
Do you think you are too smart to be duped by a fraudster? Have you been paying attention to our fraud articles? The Association of Certified Fraud Examiners estimates that the typical organization loses 5 percent of its annual revenue to fraud. Test your knowledge on fraud by taking this 10-question quiz.
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Neutral Corner: Use of mediator’s proposal should be a last resort

February 11, 2015
John Van Winkle
Mediation got an early and strong foothold in California in the late 1980s and that state has been an incubation site for several trends in the mediation process – some good, some bad and some perhaps a little ugly.
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Hammerle makes his 2015 Oscar picks

February 11, 2015
Robert Hammerle
Let me again venture out on a limb and make my Academy Awards picks. Of course, I will likely be wrong, but never in my cinematic heart.
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Riggins: The effects of Obama’s immigration executive actions

January 28, 2015
Wandini Riggins
A debate is being waged regarding the effects of the executive actions. Proponents tout ameliorative socioeconomic effects, while opponents decry a thinly veiled grant of amnesty. In this landscape, it is important to understand the intent and effect of the executive actions.
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Federal Bar Update: Southern District's uniform protective order

January 28, 2015
John Maley
Throughout 2014, a subcommittee of the U.S. District Court for the Southern District of Indiana’s Local Rules Committee, including Magistrate Judges Denise LaRue and Debra McVicker Lynch, was hard at work on a proposed uniform protective order.
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Making Rain: Business strategies for in 2015

January 28, 2015
Dona Stohler
The beginning of a new year always seems like a good time to look at what’s working and what’s not in terms of your business development strategies.
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Hammerle on … 'Selma,' 'American Sniper'

January 28, 2015
Robert Hammerle
Bob Hammerle says the strength of "Selma" flows from Dr. Martin Luther King Jr.'s relationship with his wife and President Lyndon Johnson.
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Zoeller: Use depositions over interrogatories in family law matters

January 14, 2015
We’ve all received the responses to interrogatories so doctored by opposing counsel there is virtually no substance, or so littered with objections and qualifications that the answer is meaningless. So for many years my solution to this problem has been to take depositions. I will outline a few of the reasons more family law practitioners should do the same.
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Letter responds to commentary on Resnover execution

January 14, 2015
Members of Gregory Resnover's defense team respond to commentary written by a former employee in attorney general's office at the time of Resnover's execution in 1994.
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Bell: 3 things to know about the ethics of interviewing witnesses

January 14, 2015
James Bell
January brings frigid temperatures, snow and icy roads. In other words, it is a perfect time for you to knock on doors and conduct a field investigation. But before you put your coat on and head out to find that needle-in-a-haystack witness who will save your case, remember that there are ethical rules regarding how you deal with witnesses.
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Living Fit: Aerobic exercise or resistance exercise?

January 14, 2015
Sharon McGoff
The hard-core cardio junkies swear by aerobic exercise as the best way to lose weight, get fit and remain lean. Yet, those who are diehard weightlifters or yoga and Pilates fanatics claim that resistance exercise is the only way to lose weight and become strong and lean. What’s the answer?
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Hammerle On… 'The Imitation Game,' 'Into the Woods'

January 14, 2015
Robert Hammerle
Bob Hammerle says that "The Imitation Game" is one of the best films of 2014.
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INBOX: Lawyers question use of qualified immunity for police

December 31, 2014
Attorneys from an Indianapolis law firm suggest lifting qualified immunity, the shield that protects police officers' actions.
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Quick: Start the new year with a ‘firm’ marketing plan

December 31, 2014
Jon Quick offers tips for firms to consider when creating an effective marketing plan.
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Commentary: Lawyer recounts work on Resnover death penalty case

December 31, 2014
Attorney David Hurley writes about his work for the state on the Gregory Resnover execution. Resnover was put to death by electrocution in 1994.
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Hammerle on...'Top Five,' 'The Hobbit: The Battle of the Five Armies'

December 31, 2014
Robert Hammerle
Bob Hammerle says a tearful goodbye to the "Hobbit" series.
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Inside the Criminal Case: Grand juries in Indiana shrouded by law

December 17, 2014
James Bell, K. Michael Gaerte
The effectiveness of grand juries has been in the news lately. In one case, a Missouri grand jury failed to indict a police officer in a case involving the death of an unarmed suspect. When inconsistent testimony was raised as a possible justification for this result, many opined that police needed to carry body cameras. However, approximately a week later, a New York grand jury failed to indict another police officer involved in the death of an unarmed suspect where the officer’s interactions with the suspect were caught on a cellphone video. This led lawyers and non-lawyers alike to wonder what happens behind the closed doors of grand juries. This article speaks to how grand juries are used in Indiana.
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Federal Bar Update: End-of-year tweaks to federal court rules

December 17, 2014
John Maley
John Maley takes a look at rule changes in federal courts and reminds attorneys that the rule on Statement of the Facts has been deleted.
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Gallagher: Recent Supreme Court rulings could help end patent trolls

December 17, 2014
There have been recent efforts in Congress and state legislatures to address the issue of so-called patent trolls, also known as patent assertion entities. This year, at least three of the six patent-related decisions by the Supreme Court of the United States have been widely regarded as impacting PAE activity. Although these decisions are only six months old, they appear to be on a path to help curb these unwanted lawsuits.
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White: Say ‘I do’ to IP due diligence in business transactions

December 17, 2014
Intellectual property is one of the most valuable and important assets of any consumer products, life sciences or technology driven company. Despite the inherent value associated with these intangible assets, IP rights are often overlooked or are only cursorily evaluated when a company is embroiled in a business transaction (such as a merger or an acquisition).
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Dean's Desk: IU McKinney is out in front with experiential learning

December 17, 2014
Andrew Klein
Our school is proud to provide students the ability to study at the center of the state’s legal profession, with an array of opportunities to learn both inside and outside the classroom.
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Technology Untangled: Apps for safe travels and finding lost phones

December 17, 2014
Stephen Bour
Today we will look at two smartphone applications that could be helpful to you this holiday season.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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