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Lawyer lands winning in-house lottery job

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In-House Counsel

When Andrew Klinger decided to take a job as corporate counsel for a state agency, he was essentially playing the odds like someone buying a lottery ticket.

That was less than a year after being admitted to practice of law in Indiana, and it led to his eventually taking an in-house counsel position at the Hoosier Lottery, where he is now the top attorney.

“For someone who always thought I’d be a real estate attorney, how I got into gaming is still kind of a mystery to me,” said the 40-year old lawyer who’s been general counsel for the Hoosier Lottery since 2008, after four years working as a deputy general counsel at the Indiana Gaming Commission. “Some things are just lucky draws.”

Although Klinger had been interested for some time in pursing a legal career, he began working in economic development immediately after earning his undergraduate degree. The Fort Wayne native worked for several years in his hometown before moving to the Indiana Economic Development Commission and eventually deciding he was ready to start law school in 2001.
 

klinger Indianapolis attorney Andrew Klinger has served as general counsel for the Hoosier Lottery since 2008. (IL Photo/ Perry Reichanadter)

“I was always interested in pre-law, but sat back and thought I didn’t want to go straight in and didn’t know what I’d go into with a law degree. So, I went into real estate and economic development work and got a practical sense of what I’d do as an attorney with a degree,” Klinger said.

He graduated from Indiana University School of Law – Indianapolis in 2004, and worked briefly as a contract attorney with an employment law attorney in Carmel. But before he agreed to start as an associate there, a new opportunity came his way.

“In the spring 2005, the Gaming Commission called out of the blue. I just kind of fell into this,” he said. “I took the chance.”

After a few years there as a deputy general counsel, Klinger said he was ready for the next step and found that at the Hoosier Lottery. There, he became the general counsel. This position is different in that he had several staff attorneys to work with at the Gaming Commission, while he’s the only attorney at the Lottery. That prior position was more regulatory, dealing with private casinos and their licenses, while this is a semi-government agency tasked with maximizing revenues through sales of lottery tickets.

Most of his daily duties include contract review and dealing with vendors and licensing issues, all through the lens of a government agency that must respect open meetings and access laws.

A self-sufficient quasi-public agency that isn’t connected to the state budget, the Hoosier Lottery raises its own revenue and pays its expenses from that. Klinger said about $791 million came in last year, with major expenses paid out for prizes and commissions to retailers and a small percentage on administrative costs. The rest goes back to the state – most recently the Hoosier Lottery put about $190 million into the budget to pay for teacher and public safety pensions and reduce state excise tax. Klinger said the Hoosier Lottery is working on spreading the word about the fiscal value it brings to the state, motivating people to buy tickets.

Litigation is a minimal part of his job, though he does oversee that as general counsel. Most of the legal claims go through the administrative procedures first and typically end up before an administrative law judge, and Klinger said he handles those cases personally.

“In large part, I shield the marketing and sales folk from the political aspect so they can focus on the sales tasks,” he said.

When Klinger started the job, he said the Hoosier Lottery had a large litigation docket that he spent most of his time focusing on. Now, only one lawsuit remains outstanding for the agency – a class-action lawsuit in Marion Superior Court involving two plaintiffs who sued the state lottery for thousands of dollars after they lost playing the Cash Blast game in 2005 and 2006 and claimed the lottery misstated the number and amount of prizes available. The men claimed they were misled by advertising that made the odds of winning seem greater than they were, and last year the Indiana Court of Appeals determined that suit can move forward at trial.

Despite it being such a small aspect of his work as general counsel, Klinger said it’s the litigation and administrative court claims he finds the most interesting. But he also enjoys handling the issues that take him back to his pre-law days, such as real estate and economic development.

The Hoosier Lottery recently moved into a new headquarters on North Meridian Street in Indianapolis and Klinger is proud of his work negotiating and finalizing that 10-year lease.

“That was a game changer for us, and really kept things interesting and took me back to those early days,” he said. “Some people think that working with the lottery is all fun and games… and it’s not, it really is a lot of work.”

While Klinger isn’t allowed to play the Hoosier Lottery, he usually tries to buy a lottery ticket out of state whenever he travels. Although he hasn’t won a jackpot to date, he considers himself lucky to have won the chance to be working where he is.

“In a corporate environment, you’re right there in the middle of everything,” he said. “This is always interesting and different, with something new coming your way, a lot different than what I understand firm life to be like. I’m glad this ticket came my way.”•

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  1. 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)

  2. "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.

  3. 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.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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