While I hate to admit this, the pandemic has inflicted a miserable toll on me. As a criminal defense attorney, personal interaction with prosecutors and court staff has been eliminated. This has made it difficult to resolve tough cases when you are reduced to using Zoom and emails. Yet it is the inability to travel that has sucked the wind out of my sails.
The legal profession recently lost a bit of joy, comfort and unconditional love. Gus, the 10-year-old golden retriever and JLAP therapy dog who was a regular sight at state and local bar association events, died July 3.
To a savvy litigator armed with best practices to avoid ethical violations and ensure admissibility, social media can be utilized as an effective tool to gather information throughout litigation, including trial.
At a time when the American criminal justice system is under the most intense scrutiny of most of our lives, the 7th Circuit Court of Appeals’ ruling allowing the execution of Daniel Lewis Lee was slap in the face of the victims’ family members who opposed it and a bizarre, out-of-touch, wholly mean-spirited form of justice.
The COVID-19 pandemic has caused widespread changes to everyday life that have presented new questions for parents and family law practitioners alike. While we began in uncharted territory, this experience has been an opportunity for attorneys to creatively problem solve in a time when we, like our clients, are navigating many of the same uncertainties.
A courageous man, Dr. Martin Luther King Jr., once said, “There comes a time when one must take a position that is neither safe, nor politic, nor popular, but must take it because conscience tells him it is right.” In so many words, Dr. King was describing courage. Now, more than ever, we all need courage.
I’m still processing the news that this morning my court-appointed death-row client, Wesley Purkey, was executed. I was his pro bono counsel on three civil-rights/conditions of confinement claims in the Southern District of Indiana. So as I wrestle now — and hopefully for some time — with the legal and moral aspects of capital punishment that otherwise have been remote, it seems appropriate and timely to discuss the needs and opportunities for pro bono service in civil cases in our local federal courts. Both are robust.
I write this article on the day our federal government executed the first prisoner in 17 years. His name was Danny Lee, and he was put to death in Terre Haute, Indiana. Our state. The original judge, prosecutor and victims’ family opposed killing Lee because the co-defendant was more culpable and received life in prison. They were ignored while our president had time to commute the sentence of his buddy Roger Stone. No time for Lee, however.
The Black Lives Matter movement jolted us from our self-satisfied stasis. But to change things, we must do things. If silence is violence, then speaking without specifics is only nominally better. To bring the justice protesters so desire, it is time to recognize the deeply embedded systemic racism in Indiana and develop a list of specific demands to yield measurable results. The risk of not doing so is too great: the country simply cannot become further torn over racial injustice.
Practicing law occupies your mind. Being a lawyer has been described as a thinking job and not just a doing job. Lately the news around us has been horrible, and the decisions we face about tasks as simple as buying groceries have been daunting. In these times, I have found my law practice to be a welcome respite from the world around me.
“Field of Dreams” (1989) captures the essence of baseball. The immortal line, “If you build it, he will come,” will always reminds me of my late father. As kids, he played catch with me and my brothers in a field near our house, and I still see him waving at me when I drive by that location in Batesville. As baseball tries to play a short season, I am reminded of my love of the game.
I’m a lawyer, so I’m a good communicator, right? Or at least I have been conditioned to believe that. In my own practice, I listen and respond to arguments all the time. Reflecting on my personal interactions, I would like to think that I take the time to look and listen to the person I am speaking with. So what more could I do? Doesn’t this mean I’m a good listener? If attorneys are supposedly so good at communicating, do I know what am I actually communicating when I interact with colleagues, coworkers and clients?
As Indiana reopens amid COVID-19, employers will contend with various challenges and significant workplace changes. In addition to evolving federal guidance and recommendations, employers will need to take into account the rapidly changing orders and guidance from state and local authorities.
The global COVID-19 pandemic ground the world economy to a virtual halt in many sectors, including manufacturing. Many manufacturing lines slowed to a crawl or stopped completely. Travel became practically impossible, if not prohibited by various government orders. Despite that, supply contracts remain in place. What impact COVID-19 has on the legal relationships between customers and manufacturers will depend primarily on the presence — and nature — of force majeure clauses in the governing documents.
When I recently saw the video of George Floyd’s extrajudicial killing by law enforcement, a familiar sense of anguish, fury, hopelessness, and malaise swept over me. So did a sense of helplessness. We had seen this video before, over the long and many years. We had read this story. And yet, I had never before witnessed such a starkly calm extinguishment of a human life — a Black human life.
During this unprecedented time, I have been asked by a number of clients if they should alter their marketing plans. My answer is “Yes, but don’t stop marketing.” Further, attorneys — like many other businesses — while still doing at least partial in-person interaction, should consider increasing certain aspects of contact with customers.
Environmental tort actions fall under the larger rubric of toxic torts and involve personal injury and property damage claims for releases of environmental contamination. But what happens when, as they often do, the regulatory cleanup takes years or even decades?
As the effects of data breaches have come to light over the last few decades, individual states and the federal government have taken action to attempt to bolster data security practices.
Personal and work lives have changed drastically in 2020, and we are only halfway through the year! If nothing else, the COVID-19 pandemic has shown us how flexible and resilient we need to and can be. It has also reminded us of how “essential” legal services are. What do you do when you are deemed “essential” during a global pandemic? You get creative.
In light of excessive police violence, I call on my fellow barristers, who took the same oath as I, to begin living that oath. “I will never reject, from any consideration personal to myself, the cause of the defenseless, the oppressed or those who cannot afford adequate legal assistance; so help me God.”