Indiana Court Decisions – Nov. 12 to 23, 2015
Read recent decisions from Indiana appellate courts.
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Articles
Henderson: Survey reveals signs of fundamental change in the legal profession
The traditional career path for Indiana attorneys – graduate from law school, become an associate in a law firm, work long hours and eventually become a partner – appears to be broken, or at least cracked.
Hammerle on … ‘Trumbo,’ ‘Spotlight’
Bob Hammerle says “Trumbo” is a study in American history that should not be forgotten.
Protecting Your Practice: Avoid problematic fee agreements
It is crucial to have a clear, written agreement with your client explaining not just the scope of your services, but how you will be paid for those services. Be careful that you don’t run afoul of your professional obligations in that fee agreement or in your billing.
Inside the Criminal Case: Gluten, grandpas and reasonable suspicion to stop a vehicle
“Back in our day,” reasonable suspicion for a traffic stop was based upon objective evidence that the suspect had committed a traffic violation.
Quality of Life: Make sure to protect yourself from any type of ‘fall’
At some point in life, you may have an experience that helps you to redefine your priorities. I had such an experience about three weeks ago, when I took a tumble, head first, down a long and steep staircase in my home.
Make sure to protect yourself from any type of ‘fall’
At some point in life, you may have an experience that helps you to redefine your priorities. I had such an experience about three weeks ago, when I took a tumble, head first, down a long and steep staircase in my home. It is a miracle that I am sitting here, able to type this […]
Lucas: And the ‘Practicing Law in Indiana’ survey says …
Welcome to the Indiana Lawyer’s “survey issue”! I hope that you find the data revealed in the pages of this publication interesting and that it spurs conversation and serves as a catalyst for positive change in the legal community.
Survey results reveal range in hours of pro bono work performed annually
The pro bono community still believes having attorneys donate their time and professional skills remains a viable method for providing services to low-income individuals and families. But Indiana attorneys overwhelmingly indicate they neither want to be told to volunteer nor be obligated to report their volunteer hours.
Survey: Succession planning a top concern for organizations
Thirty-eighty percent of the respondents to the Indiana Lawyer’s 2015 Practicing Law in Indiana survey listed transition or succession planning as the greatest challenge to their organization’s viability. Only the issue of managing costs while protecting quality of service topped this concern, which 42 percent found to be the greatest challenge.
DTCI elects new board and officers at annual conference
The Defense Trial Counsel of Indiana named its 2016 officers and directors at its 22nd Conference and Annual Meeting Nov. 19-20. The officers and directors will take office Jan. 1, 2016.
Survey finds widespread professional satisfaction, little encouragement to pursue career in law
Life’s not bad being a lawyer. Work is satisfying, there’s time for life outside work, and the pay is good. But I wouldn’t recommend it. Those contradictions in lawyers’ prevailing attitudes were revealed in Indiana Lawyer's Practicing Law in Indiana survey.
2015 DTCI amicus report
In 2015, the Defense Trial Counsel of Indiana’s Amicus Committee participated in a number of interesting appeals, two of which are set for oral argument in the near future. The cases DTCI became involved in this year, as in past years, pertain to a variety of issues which are of significant interest to the defense bar.
New DTCI president to continue diversity push
James Hehner brings 30-plus years of professional experience to the leadership post for the Defense Trial Counsel of Indiana.
Focus for law firms: Clients, clients, clients
Law firms large and small face similar challenges – keeping costs down and quality high while also finding ways to sustain and grow the business.
Annexation battle over ‘reasonably near future’ continues in Indiana Supreme Court
The second in a series of annexation battles was presented to the Indiana Supreme Court Nov. 25, this time asking the justices to review the Legislature’s intent when allowing cities and towns to bring in unincorporated areas for development.
Divided COA reinstates lawsuit of drunk man who fled, was hit by cars
A bar will have to face a negligence lawsuit brought by a man who was served at least one drink before he fled from a police stop in handcuffs and was hit by two cars as he tried to cross a state highway.
Lack of evidence gets CHINS ruling reversed
Finding the evidence to be “wholly lacking,” the Indiana Court of Appeals reversed a CHINS adjudication and admonished the juvenile court and the Indiana Department of Child Services to refocus their efforts on families truly in need.
Opinions Nov. 30, 2015
Indiana Court of Appeals
In the Matter of S.M., J.M., A.M., H.G., Children in Need of Services, A.M. (Mother) v. The Indiana Department of Child Services
49A02-1505-JC-377
Juvenile. Reverses CHINS adjudication of S.M., J.M., A.M. and H.G. Finds no evidence that the children were ever in danger or ever lacked food, shelter or love and care. Although mother has a history of sporadic marijuana use, she has passed every drug test given by DCS and her substance abuse assessment did not recommend her for substance abuse treatment.
COA affirms finding for mortgage holder in foreclosure
A mortgage holder had a right to enforce a settlement agreement against borrowers, the Court of Appeals ruled Monday, affirming a trial court order.