In This Issue of Indiana Lawyer

NOV. 4-17, 2015

Figuring out how to balance the demands of practicing law with the needs of a family is a struggle that female attorneys have long faced, but increasingly male attorneys also want to be able to take time for their families. A recent ethics opinion from the Indiana State Bar Association on flat fees has some attorneys debating as to whether its advice is practical. There's been a small uptick in the number of J.D. advantage jobs, which reflects changes in the economy and legal profession.

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Figuring out flat fees

A recent Indiana State Bar Association Legal Ethics Committee opinion says lawyers who charge clients flat fees considered earned on receipt shouldn’t deposit the fees in their Interest on Lawyer Trust Account, but should put the money in the firm’s operating account. Some lawyers aren’t convinced this makes sense.

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Talks continue toward compromise med-mal reform deal

With medical errors on the rise in Indiana and many states ruling caps on malpractice damages unconstitutional, plaintiff and defense lawyers and state officials continued to negotiate behind the scenes toward compromise legislation that could increase Indiana’s $1.25 million cap on medical malpractice awards.

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FocusBack to Top

Falcon: Are no-damage-for-delay clauses enforceable?

When the enforceability of a no-damage-for-delay clause is litigated in Indiana, practitioners commonly rely on the treatment of certain exceptions in other jurisdictions, while conceding that Indiana’s courts have not definitively weighed in. But is that position entirely accurate?

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Jones: A millennial’s take on political involvement

By Keenan M. Jones Jones The election is over, and for many of us, that is cause for a great sigh of relief. No more TV ads paid for by PACs. No more radio spots smearing the other candidate. And the yard signs that have littered neighborhoods will be coming down, at least until the […]

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Thompson: Advice to myself when I was a young lawyer

After a spirited conversation with colleagues about the opportunity to time travel, I posed the discussion topic, “If you had the opportunity to travel back in time and talk with your younger self as a new attorney, what advice would you share about life as a lawyer?”

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OpinionBack to Top

DTCI: Sealing confidential terms of compromise

Recently, a colleague and I were faced with the following issue in a wrongful death action after resolving all claims at mediation: Is an Indiana trial court permitted to seal and/or prevent public access to records required to be filed with the court related to the compromise of a plaintiff’s claim that include or otherwise identify confidential terms of the resolution?

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In BriefBack to Top

Water flavorings lawsuit may mean end of gravy train in Texas

Could a fight over flavoring water mean the end of a court district that’s become notorious for its patent litigation? It might, if Heartland Consumer Products Holdings LLC is successful in getting a patent-infringement lawsuit filed against it last year by Kraft Heinz Co. in Delaware moved to a court in its home state of Indiana.

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Bar AssociationsBack to Top

Trimble: Have You Hired A Contract Lawyer Lately?

In a perfect world, my dream would be for every job seeker to land a full-time position. I would also hope that all of you could find the time to network and mentor our colleagues who cannot find work. In the meantime, I have one question for you: “Have you hired a contract lawyer lately?"

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