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Legislative study committee to discuss UPL

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The Indiana Probate Code Study Commission, which meets for the first time this year on Wednesday, will focus on three items at its meeting, including the unauthorized practice of law.

According to the meeting agenda, commission members will discuss applying the racketeer influenced and corrupt organizations law to the unauthorized practice of law by nonattorneys. Currently, a person can be charged with a Class B misdemeanor under Indiana Code 33-43-2 for engaging in UPL. In March, the Office of the Indiana Attorney General filed criminal UPL and tax evasion charges against ‘notario publico’ M. Esther Barber of Indianapolis, alleging she offered immigration-related services without being licensed or trained to do so. The AG’s office obtained permission from the Marion County Prosecutor’s Office to file the Class B misdemeanor engaging in UPL charge. In July, Barber pleaded guilty to two counts of Class D felony income tax evasion and the misdemeanor UPL count.

The members will also consider legislative proposals from the Probate, Trust and Real Property Section of the Indiana State Bar Association, including repealing the inheritance tax law and increasing the time one can probate a foreign will. Section member Jeffrey Kolb of Emison Doolittle Kolb and Roellgen in Vincennes said the the section will also discuss asset protection trusts, giving a standby guardian the power of a guardian and the priority and payment of claims under probate code and Medicaid law.

The study commission will also discuss the sale of a decedent’s real estate to satisfy claims by the Office of Medicaid Policy and Planning and other governmental entities.

The meeting begins at 1:30 p.m. in Room 404 of the Statehouse and will be webcast.

The Indiana Criminal Law and Sentencing Policy Study Committee meets Thursday at 1 p.m. in Room 431. This meeting will also be webcast. An agenda for the meeting has not been released.
 

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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