Opinion - The Indiana Lawyer

Dean’s Desk: IU Maurer programs supporting careers in cybersecurity

November 13, 2018

Indiana University Maurer School of Law is leading the way through its new master of science in cybersecurity risk management. That degree program combines the resources of three of IU’s top-ranked schools — the Kelley School of Business, the School of Informatics, Computing, and Engineering and the Maurer School of Law — to provide students with a broad range of courses that prepare them for a world where technologies evolve faster than the laws and policies that govern them.

Federal Bar Update: Southern District proposes local rule changes

November 13, 2018

The Southern District of Indiana Court has published for comment proposed changes to several local rules, with the full text available on the court’s website. Several of the proposals address practices and procedures that arise in many cases.

Quality of Life: Reflecting on the gifts of a 90th birthday celebration

November 13, 2018

We recently celebrated my mother’s 90th birthday. I found myself wondering during her birthday party, “What is it, besides good genes, that keeps Mom going like the Energizer Bunny?” As I pondered this, I discovered that Mom’s life can provide an excellent roadmap for living life to the fullest.

Stafford: Curtis Hill’s new challenge — Elvis options becoming limited

November 13, 2018

Attorney General Curtis Hill is caught in a trap. He can’t walk out. Because he loves bein’ AG too much, bay-bay. Hill’s troubles are casting serious doubt not just on his fitness and ability to carry out his official duties, but also on his sometimes avocation as an Elvis impersonator.

Living Fit: Jump in, get in the swim: The water may save your life

November 13, 2018

The days are darker and colder, our clothing is bulkier, and the holiday parties are in full swing. Knock, knock — the inevitable 10-pound weight gain is at the door. Batten down the hatches and take a plunge into the wonderful world of water.

Succession Planning: What should you plan for in the event you become disabled?

November 13, 2018

Normal law practice succession planning involves developing a plan for your law practice that will be implemented over the next one to five years. But what about having a plan to deal with issues such as short-term illness, disability, vacations and death?

Hadley: E-Discovery — a new sporting contest in criminal prosecutions

November 13, 2018

Among the hot-button political issues of our time is criminal justice reform. Critics rightly point out that the system at the state and federal levels can marshal its extensive resources to target poor and marginalized communities. Although such abuses receive extensive commentary in the press, less focus is devoted to the potential for governmental abuse in prosecuting white-collar crime.

Cunningham: Financial experts bridge the gap between causation, damages

November 13, 2018

In civil litigation, causation is a critical element in establishing the plaintiff’s cause of action by linking the defendant’s alleged misconduct to the claimed economic harm. Because of this linkage between causation and damages, qualified financial experts are often in a position to provide analyses to the trier of fact that can assist in deciding whether the causal link has been proven by the plaintiff.

Shives & Leagre: Use technology to improve your legal writing

November 13, 2018

Technology can be a boon for your writing if you know how to use it, but knowing how to use it is key. Today’s built-in and add-on programs may help improve your writing without the obvious use of assistive software. The end result may just be a more persuasive, clear, and concise written product.

Hammerle on… “Bohemian Rhapsody,” “Free Solo”

November 13, 2018

Movie reviewer Robert Hammerle says not to believe the critics who pan the Freddie Mercury biopic “Bohemian Rhapsody,” while the edge-of-your-seat “Free Solo” ranks among the year’s best documentaries.

Law Student Outlook: Mental health and the legal profession

October 30, 2018

As 2Ls who recently, and very thankfully, came out of a challenging season of firm recruitment successfully, a small fraction of that stress is no longer weighing on us, but that does not change the overall mental health landscape typical of law school. Beyond that, the workplace culture that we will enter upon graduating and passing the bar is nearly guaranteed to continue that cycle.

Start Page: Use automation to harness benefits of modern technology

October 30, 2018

Why is there so much talk about automation in the practice of law these days? Almost every legal technology source extols the benefits of automation. There must be a reason, right? Yes. Automation of routine tasks can benefit your practice in multiple ways.

Millis: Time’s up: AIA retires 2007 contract forms, makes key changes

October 30, 2018

Commercial construction lawyers use American Institute of Architects (AIA) forms more than any other. Every 10 years, the AIA updates its contract documents to reflect legal trends and changes in the industry. If you are one who has waited to make the switch to the 2017 forms, your time is up.

Law: Ben Franklin and the U.S. Tax Cuts and Jobs Act of 2017

October 30, 2018

As part of the U.S. Tax Cuts and Jobs Act of 2017, socially conscious investors now have the opportunity to defer or even avoid taxes on capital gains received from the sale or exchange of an investment. Under the new tax benefit, investors can defer tax on prior capital gains if their prior capital gains are invested in a Qualified Opportunity Fund.

Rush & Chaudhary: Joining forces to fight the opioid crisis

October 30, 2018

It is imperative that our legal system work on sustainable solutions to the opioid crisis. This epidemic is not only a major public health crisis — it also creates a variety of civil legal challenges.

DTCI: Do we have to pay a price to practice law and have it all?

October 30, 2018

Do we all feel like we are drowning? Probably not, or at least I hope not. Some days I definitely feel like I have it all together. But what can we all do to help each other — and not just defense attorneys, but all members of the Indiana bar — during those days and weeks when we are struggling?

Harrell: Meet the JLAP staff — faces of those lending a helping hand

October 30, 2018

The Indiana Judges and Lawyers Assistance Program is staffed by five passionate individuals. We all have different specialty areas but are well cross-trained to jump in and do whatever needs to be done.

Winingham: Unsolicited advice for new lawyers

October 30, 2018

I have essentially been a “new lawyer” twice — the first time as a newly admitted lawyer in Illinois (Chicago) in 2015, and the second time as a newly admitted lawyer in Indiana (Indianapolis) in 2017. So, if I know anything, it’s what it feels like to be a new lawyer. This has provided me with some perspective on what a new lawyer can do to help him or herself get ahead of the curve.

Greising: Thoughts on the work-life teeter-totter in the practice of law

October 30, 2018

We may have found work-life balance a bit easier during our student days, at least in hindsight — finding a way to squeeze in homework and chores with sports, theater, band or just hanging out. I’m not sure it really was.

Baldwin: A young lawyer’s recipe for survival and success

October 30, 2018

Being a first-year associate is a lot like being on a TV cooking competition show. My personal recipe for surviving the first year of practice has many ingredients that, when mixed together in the proper proportions, should result in success.

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