Indianapolis Bar Association

IBA: Pre-Mediation Communications

September 28, 2011
From IndyBar
When does confidentiality attach?
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IndyBar names new officers

September 28, 2011
IL Staff
The Indianapolis Bar Association’s nominating committee has announced the selection of Jeffrey Abrams of Benesch Friedlander Copland & Aronoff as the 2014 president of the association.
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IBA: Abrams announced as 2014 IndyBar President

September 14, 2011
From IndyBar
The Indianapolis Bar Association’s Nominating Committee has announced the selection of Jeffrey Abrams of Benesch Friedlander Copland & Aronoff as the 2014 President of the Association. Currently serving as IndyBar’s Treasurer, Abrams will serve as the Association’s 1st Vice President on the 2012 Board of Directors.
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Hebenstreit: Collaborating to Provide Services for All

September 14, 2011
Michael Hebenstreit
Service has always been important, but in today’s frenetic world, receiving good and prompt service is critical.
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IBA highlights

September 14, 2011
Photos from Mentors Who Matter and of Nod to Professionalism Honorees.
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IndyBar offers scholarships for symposium

September 6, 2011
IL Staff
The Indianapolis Bar Association Women & the Law Division is offering several scholarships for its “Women, Law & Leadership” symposium, Oct. 5 and 6 at Crowne Plaza Indianapolis Downtown at Historic Union Station. Scholarship applications are due by Sept. 9.
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IBA Editorial: Court Funding in Critical Condition Nationwide

August 31, 2011
Michael Hebenstreit
One of the corner stones of our American system of jurisprudence is free and open access to the trial courts and judicial system. The ability of businesses to solve their disputes in an orderly fashion and the predictability of outcomes encourages business to be conducted in our country.
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IBA: Estate Planning 101 for Lawyers – Are You Prepared?

August 31, 2011
From IndyBar
As an estate planning attorney, I regularly counsel clients about disability and death planning. If truth be told, however, I’m not always good at following my own advice. Attorneys procrastinate as much as the clients we represent, too often getting caught up in our daily endeavors and failing to make sure our own affairs are in order. As fall approaches, I’m making time to review my estate planning, and I encourage you to do the same.
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IBA: 25th Anniversary of the Women and the Law Division: A Symposium on Women, Law & Leadership

August 31, 2011
From IndyBar
This year marks an exciting milestone for IndyBar’s Women and Law Division. Twenty-five years ago, a number of visionary lawyers in our community founded WLD to create opportunities for professional growth and personal connections among women lawyers. A quarter of a century later, WLD remains a strong presence in the Indianapolis Bar Association.
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IBA: Diversity Job Fair

August 31, 2011
View photos from the 2011 IBA Diversity Job Fair.
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IBA: IndyBar Revitalizes School Education Advocacy Program

August 17, 2011
This fall, the IndyBar Pro Bono Standing Committee will rejuvenate its School Education Advocacy Program through collaboration with FosterEd, a project of the National Center for Youth Law.
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IBA Frontlines - 8/17/11

August 17, 2011
Read Indianapolis Bar Association news for Aug. 17-30, 2011.
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Hebenstreit: Has the Time Come for Articling?

August 17, 2011
Michael Hebenstreit
Do you know what the term “articling” means? I did not until recently, but it is quite relevant to the discussions swirling around about the value and importance of a law school education.
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IBA: Trial Judges No Longer Required to Retire

August 3, 2011
From IndyBar
I had this dream for retirement when I got elected judge: I would work until I was 68, near when I would be forced to retire by mandatory retirement (assuming the voters thought I was still doing a good job through each of my re-elections), fade off the scene to my boat on Lake Cumberland, maybe work in the winter part time as an usher or scorekeeper for the Pacers or Colts, read U.S. history books, see a musical or play every once in awhile, and generally ignore any pleas for money from my then-adult kids.
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Michael J. Hebenstreit: Life Rushing By

August 3, 2011
Michael Hebenstreit
Life moments. Some may be an accomplishment (winning a big trial), a disappointment, a funeral or a seemingly insignificant event. We all have them—some good, some not so good, but they are those events that for some reason stick with us for a lifetime.
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IBA: Insurance Practices in Commercial Real Estate Loans

August 3, 2011
From IndyBar
Requesting appropriate insurance coverages and obtaining certificates of insurance verifying such coverages are in place may be one of the least understood, and thereby, among the most overlooked issues in commercial real estate loan transactions.
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IBA: Providing Benefits to Same-Gender Partners Can Be Taxing

August 3, 2011
From IndyBar
More than a dozen states and the District of Columbia now recognize same-sex relationships under various names, such as domestic partnerships, civil unions, or same-gender marriages.
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IBA: New Law Restricts Access to Criminal Records

August 3, 2011
From IndyBar
There is a misconception among even the most educated of criminal clients that arrests, charges and convictions disappear off of one’s Indiana criminal record after a passage of time. This is not the case.
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IBA Frontlines

August 3, 2011
From IndyBar
Read recent news from the IBA.
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IBA: A Review of 2011 Criminal Law Legislation

July 20, 2011
From IndyBar
What looked early in 2011 like a blockbuster year for sentencing reform fizzled into a legislative session with mostly tinkering in the criminal law realm.
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IBA: How To Fire An Employee

July 20, 2011
From IndyBar
The purpose of this article is to set out guidelines which can help to make the tooth drilling process a little easier, both for you and the terminated individual.
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IBA: Lawyer Links Classic

July 20, 2011
From IndyBar
Photos from the IBA's Lawyer Links Classic.
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Hebenstreit: A Special Celebration of Being an American

July 20, 2011
Michael Hebenstreit
What does the 4th of July mean to you?
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IBA: Lawyer Advertising: The Truth May Not Set You Free

July 6, 2011
Indiana’s new advertising rules apply to more than just billboards and Yellow Page ads. Rule 7.2(a) of the Rules of Professional Conduct defines “advertising” as “any manner of communication partly or entirely intended or expected to promote the purchase or use of professional services.” That means that the advertising rules may cover communications on your website, your blog and even on your Facebook page.
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IBA: Indiana Legislature Passes New Guardianship Laws

July 6, 2011
The Indiana legislature passed several new guardianship laws in the 2011 legislative session which impact guardianships of minor children and incapacitated adults.
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  1. 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.

  2. 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.

  3. 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)

  4. "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.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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