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SCOTUS won't take Indiana UPL case

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Indiana Lawyer Rehearing

The Supreme Court of the United States won’t reconsider a significant unauthorized practice of law case ruled on by the Indiana Supreme Court earlier this year.

On Oct. 4, the nation’s top court denied a writ of certiorari in the case of State of Indiana, Ex. Rel. Indiana State Bar Association v. United Financial Systems Corp., No. 84S00-0810-MS-551, leaving intact the state justices’ per curiam ruling from April involving the Indiana State Bar Association’s UPL action against Indianapolis-based estate-planning services company United Financial Systems.

The ISBA in October 2008 accused United Financial of operating an illegal trust mill operation, and the justices determined that UPL had occurred. The court ordered the company to stop engaging in any conduct that might be considered UPL and said that the company should have been on notice about the unauthorized nature of its conduct after a previous ruling in 2006. The justices also ruled that the ISBA is entitled to certain statutory attorney fees and that the fees United Financial Services received because of its UPL should be returned.

Indianapolis attorney Kevin McGoff with Bingham McHale represented the ISBA on the matter, and Indianapolis attorney Ron Elberger with Bose McKinney & Evans filed the SCOTUS request on United Financial’s behalf in July. The court took the matter into consideration for its Sept. 27 conference before denying the petition in the first week of the court’s new term.
 

Rehearing " Justices rule company engaged in UPL in trust mill case" IL April 28-May11, 2010

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  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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