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Mellowitz: Judges should not ignore discovery violations
After 27 years in the trenches of civil litigation, most on behalf of injured plaintiffs, it is still shocking to see the blind eye that some judges turn toward even the most egregious violations of the discovery rules.
Bell/Whelan: 3 things to know about reporting ethics violations
If you’re like us, you’re a lawyer who enjoys giving advice to others. As attorneys who represent other attorneys in disciplinary matters, we often receive requests to give ethics advice to lawyers. As luck would have it, we like lawyers and generally enjoy giving advice to lawyers when we can.
Start Page: 3 reasons to consider using an Apple Watch
Lawyers need help managing the massive amounts of information we process on a daily basis. Wearable devices can help weed through the noise and filter the most important information to you when and where you need it.
Anderson estate attorney’s alleged thefts may top $500,000
Sarah Wilding wanted her church in Anderson to receive the bulk of her estate when she died in April 2012. The church is still waiting, and so are other beneficiaries who lost hundreds of thousands of dollars to a lawyer accused of plundering their estates.
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.
Bar associations work hard to show young lawyers the benefits of membership
Organizations are working hard to welcome, attract and retain the young professionals because this new group shows little inclination to joining. Bar associations, like associations in different industries, are seeing millennials shy away from being part of an organized group.
A growing advantage to the law school degree
Well-documented changes in the legal profession since the economic recession are sending a small but growing number of law school graduates down a new career path toward companies that want employees with juris doctorates but do not involve the practice of law.
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.
State funds for felon treatment programs start flowing
The Indiana Department of Correction has begun disbursing $5 million in new state funding meant to help local communities provide treatment and rehabilitation programs for low-risk offenders.
Attorneys say juggling work and parenthood is worth the effort
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.
Disciplinary Actions – 11/4/15
Read who recently had his suspension terminated by the Indiana Supreme Court.
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?
Reddick and Law: TIF financing and public-private partnerships on the rise
As the state of Indiana continues to search for new and innovative ways to recruit businesses to the area and create more jobs, the use of creative financing incentives such as tax increment financing and public-private partnerships, or P3s, has continued to be essential to development.
Sweeping changes in HOA laws aim for dispute resolution and transparency
Condo conflicts and HOA hostilities can often result in lawsuits and sometimes incredulous headlines. Lawyers have seen disputes arise over everything from where bikes can be stored to whether a condo owner could install hardwood floors.
Porter and Lake counties welcome Indiana justices
The 1,100 seat auditorium at Portage High School was nearly full Oct. 30 as students from 10 schools along with members of the legal community attended the Indiana Supreme Court’s oral arguments.
Legislative panel endorses denying rapists parental rights
Some Indiana legislators are backing a change in state law aimed at denying parental rights to rapists if the assault results in a pregnancy.
Lower court ruling stands in S&P ratings case
The Supreme Court of the United States won't hear an appeal from shareholders who claim the Standard & Poor's ratings firm made false statements about its ratings of risky mortgage investments that helped trigger the financial crisis.
Opinions Nov. 2, 2015
Indiana Court of Appeals
Chris Harkins v. State of Indiana (mem. dec.)
15A01-1412-CR-553
Criminal. Affirms conviction of five counts of Class C felony forgery, two counts each of Class D felony identity deception and credit card fraud, Class A misdemeanor deception, and a jury’s adjudication of Harkins as a habitual offender. The trial court did not err in denying Harkins’ motions for severance, continuance and to exclude evidence. The convictions did not violate the prohibition against double jeopardy.
Supreme Court takes up property tax refund dispute
Whether the owners of an industrial property who were in default on a mortgage are entitled to a property tax refund is a question the Indiana Supreme Court will decide.