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Social networking among Indiana State Bar meeting topics

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Indiana Lawyer Focus

Lawyers are trained not to air their clients’ dirty laundry, but an attorney defending a murder suspect posted photos of her client’s leopard-print underwear on her personal Facebook page. A mistrial and the lawyer’s termination followed, the Miami Herald reported last month.

Perhaps she could have benefited from the social media and ethics presentation at the Indiana State Bar Association annual meeting, one of an array of programs Oct. 25 and 26. The Florida lawyer’s indiscretion is an extreme case, but it’s not unique in an atmosphere where not just sharing, but oversharing, is sometimes the expectation.

“It’s kind of the culture of social media that is directed at disclosure and openness, not guardedness, and there’s also sort of a seductiveness about it,” said Don Lundberg, a partner with Barnes & Thornburg LLP. “But there are confidentiality obligations to clients that are really quite sweeping and almost the very nature of social media is contrary to the obligations lawyers have to maintain all information confidentially.”

Lundberg Don Lundberg

Richmond private practitioner Amy Noe will join Lundberg in presenting the ethics portion of a two-hour CLE Oct. 25 called “Finding the Borders: Advertising in Multiple Jurisdictions or by Social Network.” Noe calls herself an avid social media networker; Lundberg said he seldom uses any.

“There are cases that come up where folks do not recognize that what you’re putting out there is not necessarily private,” Noe said, even on pages where a user thinks she might be controlling access. “You can control who sees your stuff,” she said, “but you can’t control who shares your stuff.”

Noe said even seemingly innocuous comments shared online could have unintended consequences. Posting something such as “I can’t believe the crazy thing that happened in court today,” she said, could cross a line.

“You just never know if someone who sees that is going to be able to piece it together,” Noe said. But attorneys don’t lose their voice entirely where social media is concerned. “For the most part, there’s a line between talking about cases and talking about the practice,” she added.

Lundberg said the forum should be beneficial for attorneys who use social networking, even though the lines aren’t always clear.

“It could be and probably is the best course to treat it as a bright line – what happens in the office stays in the office,” Lundberg said. “But lawyers are not robots.”

The question of when social networking crosses the line into advertising, as well as advertising in multiple jurisdictions, will precede Lundberg and Noe’s presentation.

Lawrenceburg private practitioner David Lynch will join Indiana Supreme Court Disciplinary Commission General Counsel Charles Kidd for that presentation.

noe Noe

Kidd said the presentation will look particularly at media markets such as Chicago, Cincinnati and Louisville that cross state lines.

“What we know is that certainly there are different approaches to advertising in the surrounding states,” he said. “Our goal really is to highlight those differences.”

Media mentoring

How a lawyer responds to a press interview can make an impression. John Tompkins, a founder of Brown Tompkins Lory & Mastrian in Indianapolis, will advise attendees on making the impression they desire.

Tompkins will put himself under the media spotlight. He’ll be interviewed by WISH-TV political reporter Jim Shella in a role-playing scenario that participants will critique in “Tips from the Trenches: Media Training & Public Access Laws,” a two-hour CLE Oct. 25. John Krull, director of the Pulliam School of Journalism at Franklin College, also will speak.

Tompkins said participants will also have a chance to hear from Shella about how he prepares for and approaches interviews. And while Tompkins will talk about the rules of professional conduct that govern pre-trial publicity and attorney interaction with the press, he will also focus on technique.

Charles Kidd Kidd

“I think attorneys commonly assume their audience is other attorneys,” he said. “We really need to be conscious of our audience.”

The presentation will be helpful, Tompkins said, for any attorneys who have dealings with the press. These days, that’s increasingly common. “It’s a very timely subject. There’s a lot more media coverage, for various reasons, of legal matters,” he said.

The session will feature a separate component on public access laws with speakers Séamus Boyce of Church Church Hittle & Antrim in Noblesville, Indiana Public Access Counselor Joe Hoage and Indiana Department of Education Chief of Staff Heather Neal.

meeting-facts.jpgNo more billable hours?

Mark Chinn is out to kill the billable hour, and he says whether attorneys realize it or not, it’s going the way of the Rolodex.

The Jackson, Miss., family law private practitioner is the author of “Dumping the Billable Hour” and is the key speaker during a three-hour CLE alternative fee summit on Oct. 25. Participants will use the information to develop best practices for alternative billing by practice area.

chinn Chinn

“It’s in much greater use than anybody realizes, I think,” Chinn said of alternative fee structures that move away from billable hours. Yet there is entrenched resistance.

“I would say the vast majority of smaller firms can’t even think of anything other than the billable hour,” he said. “How do you pay associates when you’re not judging by the amount of hours they spend, but by the amount of value they bring in. … It’s a new mindset.”

In his practice, Chinn tells clients up front what the maximum fee will be for his services, and then typically offers three options based on what can be achieved, what the client expects, and the client’s resources. If a case appears likely to settle, for instance, he may advise a client to pursue the least expensive option, but a client would still know what the fee cap would be in any circumstance.

The arrangement gives a client certainty, and it also focuses the attorney, Chinn said. “It puts pressure on the lawyer at the very beginning to very clearly define the scope of the work.”

Altman Weil’s 2012 Law Firms in Transition survey found alternative fees on the rise: 94.5 percent of firms used some form of non-hourly billing. But Chinn also saw a disconnect in the numbers. At firms of more than 1,000 attorneys, 80 percent expected alternative fee arrangements will be adopted as a standard. At firms of fewer than 100 lawyers, the number declined to 70 percent.•

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  • google plus one
    speaking of which, it would be cool if these articles had google plus one widgets on them.

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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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