A core tenet of American citizenship is access to the ballot. Defining who is and is not a citizen has been used as a chess piece in many partisan and nonpartisan fights. Again the voting ritual is upon us, and I challenge voters to mark their ballots then plan to hold those they voted for or against accountable.
Retirement. Depending on where someone is on the age spectrum, it is a prospect too distant to be felt with any sense of reality or something that is coming like a fastball straight at your nose. Two lawyers who recently retired and I exchanged our thoughts about life in retirement.
The Indiana Lawyer editorial staff has been covering Indiana’s voter suppression laws and how they are holding up to court challenges. So far, so good for several statutes, which is awful news for democracy and the right to vote.
For a long time, I’ve wanted a legal pad app for my iPad that could reliably turn my handwriting into text. The iPad and Apple Pencil should do this well, but there was too much friction in getting the text to be recognized and usable. That’s all changed with the latest iPad OS update. Apple gives users Scribble — the ability to hand-write in any field on the iPad and the iPad will turn handwriting into text, almost instantly. This is a serious tool.
A helpful tool to simplify complex scenarios for clients is the use of visual aids or flowcharts to demonstrate key portions of a will or trust. Particularly in a trust instrument, a diagram of how assets flow is often very helpful to clients and helps them understand things simply.
Prior to 2019, Hoosiers interested in creating a directed trust had to leave the state to do so. Now they do not, and Indiana banks and trust companies have a new product to offer customers and will be able to attract business from other states that still do not allow for directed trusts.
One alternative dispute resolution option to consider during the pandemic is expedited arbitration. Both the American Arbitration Association (AAA) and the International Institute for Conflict Prevention & Resolution (CPR) offer an “expedited” or “fast track” option for dispute resolution that truly accelerates the proceedings.
On Sept. 21, 2020, a whole new cohort of lawyers took the oath to practice law in Indiana. You have joined our profession in the strangest and least predictable year that any of us has seen. We welcome you into the bar with enthusiasm, high expectations and hope that our profession will soon return to a semblance of normal. This year more than ever you will need our support, guidance and patience as you get started.
The death of Supreme Court Justice Ruth Bader Ginsburg has been devasting to many, including me. She became only the second woman to serve on the court, and her reputation was legendary. In her memory, movie reviewer Bob Hammerle reprises his reviews of “RBG” and “On the Basis of Sex,” both released in 2018 and both of which should be required viewing for all law students.
Despite her personal achievements as a Supreme Court litigator and justice, Ruth Bader Ginsburg was quick to recognize that “the work of perfection is scarcely done. Many stains remain . . . [W]e still struggle to achieve greater understanding and appreciation of each other across racial, religious and socioeconomic lines.” But, again, these impediments were an opportunity for Justice Ginsburg to “strive to realize the ideal — to become a more perfect union.”
Because our parents (who have trouble with remote controls) are now officially on Facebook, we can safely assume that close to all attorneys are using social media. Using social media is simply an inexpensive and convenient way to get the word out about your law firm. However, there is an element of risk that comes along with an attorney’s use of social media. These risks were highlighted in July, when the Indiana Supreme Court Disciplinary Commission listed social media’s many “minefields.”
In the age of COVID-19, having a system that incentivizes employees to work while sick is not tenable. Most of the symptoms of COVID-19 overlap with the symptoms of illnesses such as strep throat, bronchitis, sinus infection and other viruses that are so common when the weather turns cold. As we well know, if an employee’s illness turns out to be COVID-19, working while sick could be a medical calamity or worse for a vulnerable coworker.
Few small cities or towns can claim to be the center or the impetus for a U.S. Supreme Court decision. However, Carter Lake, Iowa, with a population that has never eclipsed 4,000 people, can count no less than three.
Crises present tests of leadership, and Holcomb’s milquetoast excuses for not backing no-excuse mail-in voting during this time will haunt him and define him. This is easily his worst hour in a long political career.
Before the pandemic, large law firms and legal departments in Indiana were among 187 signatories around the country who pledged to encourage attorneys to focus on wellness and wellbeing as part of an American Bar Association initiative. Since March, some of the programs have added or adapted programming to virtual programs, including yoga and meditation.
Although many of us prefer to believe that we are protected and that our IT department, antivirus and malware tools are keeping us safe from all account hacking threats, it is vital that we understand our role in keeping our own accounts safe.
Movie reviewer Bob Hammerle submits his first movie reviews of the pandemic era that might be called the good, the bad and the puzzling.
While once it was almost imperative that lawyers needed to meet in person with clients, that is not necessarily the case anymore. Many law firms have embraced newer platforms to keep in touch, including all forms of social media. That’s a good thing and will be used long after this pandemic is over.
The onset and continuation of COVID-19 distancing precautions has led to fewer criminal prosecutions in general and fewer “white collar” prosecutions in particular. White collar criminal investigations are dependent upon search warrants for business records, witness cooperation and grand jury testimony. It shouldn’t come as a shock to anyone that witnesses are even less welcoming of government agents into their homes and offices (and government agents are certainly less inclined to make such visits) at this time.
The pandemic has become a mother of invention. But when we return, as we are all committed, to whatever “new normal,” let’s pledge as much “in-person” as the ongoing 21st century court system will allow.