Articles

Disciplinary Commission: ‘License rental’ model with non-Hoosier attorneys poses ethics risk

The Indiana Supreme Court Disciplinary Commission is warning lawyers of the potential ethical pitfalls that can arise when Hoosier attorneys affiliate themselves with out-of-state law firms or non-lawyer legal services companies. Such relationships could allow the non-Indiana groups to offer legal services in the Hoosier state without actually having to be a member of the Indiana bar, the commission said.

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Justices make amendments to appellate ‘Notice of Defect’ rules

The Indiana Supreme Court has made amendments to how attorneys and litigants are required to respond when their appellate filings do not comply with Indiana Rules of Appellate Procedure. An order from the court inserts new language into Appellate Rule 23 related to correcting filing defects and creates a new appendix to the rule.

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Rent-to-own lawsuits rise in federal, state courts

Katrina Carter and Quentin Lintner are continuing to fight for their piece of the American dream even after the Indiana Court of Appeals closed the door on their attempt to get restitution from the company that put them in an uninhabitable home under a rent-to-own contract. They are not alone in litigation arising from such arrangements.

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Indiana Bar Exam faces its own test

As bar exam passage rates continue to decline and a majority of states move to a Uniform Bar Examination, the Indiana Supreme Court is taking steps to determine if the Hoosier state should follow suit and change its gateway test for admission to the Indiana bar.

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Hoosier civil forfeiture case at SCOTUS tests excessive fines prohibition

Marion resident Tyson Timbs never expected to be the face of civil forfeiture reform at the United States Supreme Court. Several times during his five-year legal battle, Timbs wanted to throw in the towel. Sometimes, all he wanted was to put his past trouble with the law behind him. But he also said he wanted to fight against what he views as widespread unjust civil forfeiture practices.

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Majority justices: RV dealer must pay taxes in ‘sham’ transactions

A northern Indiana recreational vehicle dealer who tried to avoid paying Indiana sales tax on out-of-state transactions by moving the RVs into Michigan before handing over the keys to customers must repay those taxes after a divided Indiana Supreme Court entered summary judgment in favor of the Indiana Department of Revenue.

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Appellate courts seek extra $1M for legal aid, technology

Citing a need to further invest in Indiana’s civil legal aid infrastructure, the Indiana Supreme Court is asking the General Assembly to allocate an additional $1 million to the court in the next biennial budget to fund civil legal aid efforts.

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Indiana Supreme Court calls for review of bar exam

Amid slumping passage rates, the Indiana Supreme Court has created a special commission to review the state’s bar exam and make recommendations for changes in format or content, including whether to modify what is considered a passing score.

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Divided justices uphold guilty but mentally ill verdict in Southport pastor’s murder

A bench verdict of guilty but mentally ill against a woman twice convicted — and twice cleared by reason of insanity – in the 2012 shooting of a Southport pastor will stand after a majority of the Indiana Supreme Court found sufficient demeanor evidence to reject the woman’s insanity defense. But the two-justice dissent pointed to testimony from three experts to support their opinion that Lori Barcroft was unable to appreciate the wrongfulness of her conduct at the time of Jaman Iseminger’s murder.

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Suspended lawyer accused of forgery disciplined again

The Indiana Supreme Court on Wednesday again suspended from the practice of law a northern Indiana lawyer who is charged with felony forgery and was found to be noncooperative with another Disciplinary Commission investigation of a grievance against her.

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Valpo lawyer suspended 1 day after conviction

The Indiana Supreme Court on Wednesday suspended a Valparaiso attorney who faced multiple criminal charges of violating protective orders and was convicted of one count in a bench trial a day earlier.

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