James J. Bell - The Indiana Lawyer

Inside the Criminal Case: Grand juries in Indiana shrouded by law

December 16, 2014

The effectiveness of grand juries has been in the news lately. In one case, a Missouri grand jury failed to indict a police officer in a case involving the death of an unarmed suspect. When inconsistent testimony was raised as a possible justification for this result, many opined that police needed to carry body cameras. However, approximately a week later, a New York grand jury failed to indict another police officer involved in the death of an unarmed suspect where the officer’s interactions with the suspect were caught on a cellphone video. This led lawyers and non-lawyers alike to wonder what happens behind the closed doors of grand juries. This article speaks to how grand juries are used in Indiana.

Bell: 3 things to know when leaving a law firm

November 18, 2014

According to the all-reliable Internet, the economy is improving. That may mean lawyers will soon be moving from their secure jobs to (possibly perceived) greener pastures. The act of leaving a law firm implicates several Rules of Professional Conduct that both law firm management and departing attorneys should be aware of. Here are three things to know about leaving a law firm.

Inside the Criminal Case: Contempt, punctuality and expressing yourself to a court

October 21, 2014

We advise our clients that unfortunately, delays can be part of the court experience. However, one thing we have never advised our clients to do is “tell the court how you really feel.” Or, as Dave Chappelle would say, we have never advised our clients to “keep it real” with the court.

Contempt, punctuality and expressing yourself to a court

October 21, 2014

In the last 30 days, we have waited patiently in waiting rooms for late doctors, sat stalled in pick-up lines at schools and, yes, even waited for judges. As attorneys, we know that in some courts, 9 a.m. really means 8:59:59 a.m., while, in other courts, 1 p.m. really means 1:30 p.m. We also know […]

Bell: 3 things to know about reporting pro bono hours

September 23, 2014

Ready or not, Rule 6.7 of the Indiana Rules of Professional Conduct will hit the books Jan. 1, 2015. This rule will require an attorney to report his or her pro bono hours at the time of annual registration.

Inside the Criminal Case: Can your lyrics be used against you in court?

August 26, 2014

It is common knowledge that what you say can and will be used against you. But what about what you sing or intend to sing?

Bell/Gaerte: 3 things to know about ethical advocacy in closing argument

July 29, 2014

Recently, several published decisions have found attorneys to have engaged in improper advocacy. Here are three things to know about ethical advocacy in closing argument.

Inside the Criminal Case: Passive vs. forcible resistance

July 1, 2014

The Court of Appeals recently brought us the story of a woman, her dog and her not-so Gandhi-like attempt at passive resistance when her dogs were investigated for biting. The question before the Court of Appeals was whether this passive resistance was criminal.

Bell/Gaerte: 3 things to know about ethical responsibility for others’ conduct

June 3, 2014

The recent disciplinary case, Matter of Anonymous, is not the only time someone in Indiana has been disciplined for the conduct of another.

IndyBar: Belfast, 1972, The Troubles and the Confrontation Clause

May 20, 2014

James Bell writes, “After stops in Ontario, Baltimore and Pennsylvania, I was raised in Alabama and later moved to Indiana where I became a United States citizen. Had I grown up in Northern Ireland, things may have been different for me.”

Inside the Criminal Case: SCOTUS rules anonymous 911 call reliable

May 6, 2014

The Supreme Court of the United States recently held that an anonymous call to 911 was sufficient to initiate a traffic stop in certain specific circumstances. Navarette v. California, 2014 U.S. Lexis 2930 (2014). The decision set off a minor shockwave in the media with reports that the 5-4 opinion eroded Fourth Amendment protection.

Bell/Gaerte: 3 things to know about responding to disciplinary grievances

April 8, 2014

At some point, you may have the wonderful opportunity to respond to a disciplinary grievance. With that in mind, here are three things to know about responding to a disciplinary commission grievance.

Inside the Criminal Case: Can a defendant be convicted for being ‘annoying?’

March 11, 2014

In 2012, the General Assembly amended Indiana’s public intoxication statute to provide, in part, that a person was guilty of public intoxication if the individual is intoxicated “in a public place” and “annoys … another person.” Indiana Code §7.1-5-1-3(a)(4). But what constitutes “annoying?”

Bell/Gaerte: 3 things to know about withdrawing from a case

February 11, 2014

Unfortunately, there comes a time in some attorney-client relationships when breakup is inevitable. You may have tried to “work things out” with your client, but things only got worse. So what do you do?

Inside the Criminal Case: Technology aids review of questioning technique

January 14, 2014

Danielle Kelly v. State is the first time that the Indiana Supreme Court has addressed law enforcement’s use of the “question first, Mirandize second” questioning technique. 997 N.E.2d 1045 (Ind. 2013). Kelly also provides additional focus on the role technology plays in the changing scope of suspect/law enforcement interaction.

Bell/Gaerte: 3 things to know about confidentiality

December 17, 2013

While social media has not mandated the creation of new ethical guidelines, it does make it easier to commit an ethical foul.

Bell/Gaerte: 3 things to know about criticizing judges

November 19, 2013

The case of In the Matter of T.D., — N.E.2d —-, 71S00-1104-DI-196 (Ind. Oct. 8, 2013), provided guidance to attorneys about judicial criticism.

Bell/Gaerte: 3 things to know about the right to silence after Salinas

October 22, 2013

James Bell and K. Michael Gaerte outline the three things to know about the impact of the U.S. Supreme Court’s decision on the right to remain silent.

Bell & Gaerte: 3 things to know about legal advertising

September 23, 2013

The Indiana Rules of Professional Conduct define the term “advertising” broadly. Ind. Professional Conduct Rule 7.2(a) defines “advertising” as “any manner of communication partly or entirely intended or expected to promote the purchase or use of professional services.” (Emphasis added) Therefore, these rules cover communications on your website, blog and even social media. Regardless of whether or not you advertise on billboards, you likely need to pay attention to the advertising rules. Here are three things to know about legal advertising.

Bell/Gaerte: SCOTUS guides trial courts’ involvement in plea offers

July 2, 2013

In the last term, the United States Supreme Court, in Missouri v. Frye, 132 S. Ct. 1399 (2012), took a small step toward inviting trial courts into plea negotiations.

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