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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. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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