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miniBar Talk: This Week’s Top Post!

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Using Graphics in Litigation Settings

By Timothy F. Devereux, Ladendorf Law

Any litigator in today’s legal environment needs to understand the importance of initially engaging and then keeping the attention of a jury or a judge. We attorneys are faced with exceptionally savvy jurors who have been raised as consumers of multimedia presentations and who expect to be entertained as they learn new information. As noted by Ryan H. Flax of Litigation Consulting, “It is well known and generally accepted by the top performers in the litigation community that you need to use demonstrative evidence, including litigation graphics, to be persuasive at trial.” Studies have shown that when a litigator uses graphics as part of their presentation, jurors believe that the attorney using them was more capable, better prepared and probably more likable.

For more information on this topic, check out this article.

To subscribe to more Litigation Section news like the article above, click here to update your news subscriptions. Your news subscriptions appear in your bi-weekly E-Bulletin and on your personalized IndyBar homepage.

Keep an eye out for our newest e-newsletter for members, Bar Talk, featuring the top IndyBar posts each month!

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Abrams: Leaders and Volunteers Recognized at Annual Luncheon

By Jeffrey A. Abrams, Benesch Friedlander Coplan & Aronoff LLP

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If you did not attend the IndyBar Recognition Luncheon on Thursday, Nov. 13, you really missed out. We were able to recognize a select group of stellar performers to our profession and the IndyBar during the course of the year. Choices were so very difficult to make since we have had an extraordinary number of volunteers this year go above and beyond what might have been expected of them in their roles.

My President’s Award for Service to the Association was given to John Kautzman of Ruckelshaus Kautzman Blackwell Bemis & Hasbrook, who chairs our Justice Center Committee. John has been involved with this initiative for nearly 20 years as interest ebbed and flowed for this type of project. When the bar learned last fall that the mayor was promoting a Justice Center, we quickly reconvened the committee and John, with many others, spent tireless hours chasing down city representatives and information regarding this project. He recently had to execute a confidentiality agreement as he sat through proposals from prospective bidders which, if thoroughly followed, may have prevented him from disclosing his name, place of employment and residence to his wife and friends. Fortunately, we know where to find him as he perseveres and continues to work diligently as we see how this project evolves.

The President’s Award for Service to the Profession was given to the IndyBar Diversity Job Fair Committee chaired in 2014 by Sara R. Blevins of Lewis & Kappes PC. This project has grown over the past several years to an incredible level of participation this year with over 400 scheduled interviews by 28 firms and companies with 84 registered students and 18 sponsors. Several students have already received and accepted offers for employment. This committee was also recognized this year by the American Bar Association at its annual meeting for its service to the community and our profession.

B. Ronan Johnson with Taft Stettinius & Hollister LLP was awarded the Young Lawyer of the Year. As a young attorney, he is already incredibly active in the community with United Way of Central Indiana, Meals on Wheels of Central Indiana, Penrod Society, Leadership Indianapolis and Methodist Health Foundation. Most notably, Ronan created the IndyBar’s Intro to Indy series which provides opportunities for young lawyers to co-host with other organizations around town and learn more about how we can serve the community. He has enlisted the Indianapolis Zoo Associate Council, the Emerging Leaders of United Way, Leadership Indianapolis and Young Professionals of Central Indiana for participation. This creative and innovative project was developed by Ronan while he was sitting at his office looking out the window contemplating his next major transaction for Taft. Congratulations to Ronan and keep up the continued creativity for the profession.

The Board of Directors Award and the IndyBar Pro Bono Law Firm Award went to Richard A. Mann and Richard A. Mann PC. Rick has chaired the Family Law Section in 2014 and was extremely involved in providing input to the Board of Directors and information to its section members regarding HJR-3 and other same-sex marriage developments during the course of the year. Communications to its members has been flawless and the educational seminars extremely well received. On the pro bono front, attorneys from his firm have volunteered as guardians ad litem in juvenile delinquent cases and spent more than 240 hours assisting incapacitated adults and other parties. We truly appreciate Rick being a role model for those in the firm, in the Family Law Section and the entire legal community.

The other IndyBar Pro Bono Awards went to Deborah K. Binkley, Bose McKinney & Evans LLP, for paralegals, Tyler J. Smith, Indiana University Robert H. McKinney School of Law for law students and Jacqueline Pimentel-Gannon, Faegre Baker Daniels LLP, for attorneys aiding individuals.

Debi has served as site coordinator for the Ask A Lawyer Program for several years and helps recruit and train other paralegals for this role. She has used her creativity and ingenuity to make the program better.

Tyler has contributed an incredible 375 pro bono hours through the Neighborhood Christian Legal Clinic’s expungement help desk at the City-County Building while attending law school in the evening and being a student ambassador for the admissions office. He is an exemplary law student who will become an outstanding attorney.

Jacqueline has contributed over 500 hours of pro bono service in her three years at the law firm. She volunteers for the IndyBar’s Ask A Lawyer Program, the Low Asset Wills Program and the Firm’s EMBRACE Program. She has prepared wills and advanced directives for a Lilly/Faegre clinic held at Eskenazi Health and for the recent Wills For Heroes Program. Her efforts have been tireless while continuing to practice law on the side.

Ian Goodman provided accolades for the law firms who have worked diligently to practice law in ways that are environmentally safe and sustainable. Over 20 firms and businesses were recognized as 2014 Green Legal Initiative members, and the list can be found on the IndyBar website.

Over 40 attorneys were selected to participate in the Indianapolis Bar Foundation Class of Distinguished Fellows and over 25 “seasoned” attorneys were selected to the Indianapolis Bar Foundation Class of Distinguished Seniors Fellows. We were also blessed to have 14 attorneys honored for having achieved 50 years of practice, which is an incredibly noteworthy achievement. Syd Steele, one of our 50-year practitioners, was sitting at our table and was anxiously awaiting the conclusion of the lunch so that he could rush out to a deposition that he needed to attend for one of his clients. So many of these attorneys are still actively practicing in our community, enjoying the profession they have served for 50 years.

I can’t think of a better way to spend an hour with fellow attorneys than to recognize those who have sacrificed time with family, friends and clients in advancing justice and service to our profession and community. Congratulations to all those honorees and everyone else who gives so freely of their time. It makes my job so much easier.

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Event Connects Pro Bono Providers and Social Service Agencies

Among community-focused organizations in Indianapolis, the mission is often the same—assisting neighbors in need. But what happens when a question or situation arises that is outside of the scope or expertise of an agency or organization?

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“Legal Connect,” an open house hosted by the IndyBar Pro Bono Standing Committee on Nov. 6, set out to solve that problem by connecting social service agencies, government agencies and not-for-profit organizations—many of which may often field questions dealing with legal issues—with entities that provide free or reduced-fee legal services to low income populations.

Attendees learned about IndyBar-sponsored pro bono programs and met with representatives from several of the city’s legal service providers, including the Indianapolis Legal Aid Society, Indiana Legal Services and the Neighborhood Christian Legal Clinic. Attendees were also able to find out what types of services these organizations provide, which individuals qualify for assistance and how they can guide members of the public in need to the most appropriate legal advice program or representation.

Do you know of an agency or organization that would benefit from learning about pro bono and legal services options offered by the IndyBar or local providers? Contact Caren Chopp at cchopp@indybar.org.
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“The Legal Connect event was an excellent way to connect with providers working with individuals in the community who might need our legal services. It was by far one of the most practical and helpful networking events I have attended this year.”

Erin Houghland, Neighborhood Christian Legal Clinic
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“The event was a great way to connect with people that work with those in the community that need legal resources, but don’t where to find them. …As an exhibitor, I learned a lot too–where there is need and how my organization, Kids’ Voice of Indiana and The Children’s Law Center, can help educate people, especially regarding legal issues with children.”

Lindsay Faulkenberg, Kids’ Voice of Indiana
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“Legal Connect was a great way to see what else is going on in the Indianapolis community and to imagine how my agency might connect with others.”

Tim Winn, Catholic Charities Indianapolis

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IndyBar Member Headlines: Thursday, November 20

Share your news with the IndyBar by contacting Mary Kay Price, Director of Marketing & Communications, at mprice@indybar.org.

Heather L. Wilson of Frost Brown Todd LLC has received the Indiana Chamber of Commerce 2014 Volunteer of the Year award.

Brenda A. Roper, managing attorney of B.A. Roper & Associates LLC, has been elected through party caucus as judge of Center Township Small Claims Court of Marion County.

Dick Freije, partner at Faegre Baker Daniels LLP, has been elected to the District 2 seat on the Lawrence Township School Board.

Deborah J. Daniels has been elected as Krieg DeVault’s new Managing Partner.

Randall T. Shepard, professor at Indiana University McKinney School of Law, was chosen for the National Jurist’s list of the Most Influential People in Legal Education.

Andrew Mallor of Mallor Grodner LLP is the first Indiana attorney selected for membership in the American College of Family Trial Lawyers.

Angela Green of Plews Shadley Racher & Braun LLP has been selected as co-chair of the Insurance Subcommittee of the ABA’s Environmental Litigation Section.

Jon Laramore, partner at Faegre Baker Daniels LLP, has been elected as chair of the Indiana Legal Foundation’s legal advisory committee.

Peter J. Prettyman has joined Indiana Municipal Power Agency as vice president and general counsel. He previously was at Taft Stettinius & Hollister LLP in Indianapolis.

Matthew Burkhart has joined Faegre Baker Daniels LLP’s business litigation team.

Daniel Lewallen has joined Faegre Baker Daniel LLP’s insurance team.

Jessica Hockemeyer has joined Faegre Baker Daniels LLP and is a member of the firm’s finance and restructuring practice.

Abrahim J. Shanehsaz has joined Krieg DeVault LLP as an associate in the firm’s intellectual property, creditors’ rights and bankruptcy practice groups.

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Getting Along is Not Wrong: Role Models from the Bench and Bar

Civility. Courtesy. Respect. Professionalism. These are words that should be synonymous with “Advocate” but in a world of high stakes, strong opinions, and a general, societal decline in basic manners, how can attorneys fight the good fight while living up to these ideals – especially if the other side doesn’t? We set out to find examples of lawyers who model the way while providing excellent representation.

Getting Along is Not Wrong, an initiative of the IndyBar Standing Committee on Professionalism, is the impressive collection of such positive and compelling behavior. Check out the newest entry below.

Mr. John R. Maley, Barnes & Thornburg LLP

I was fortunate to have a father/mentor, Bob Maley, who epitomized all that is good about the bar. I learned from him primarily by being around him every day growing up, seeing how he treated people, and on occasion, watching him in court. He knew everyone by first name wherever he went and was kind to all. He took his work and clients seriously but not himself. Since he passed away several years ago, I have learned more about him from those in the community that he quietly served, including many pro bono clients. If I can be half the gentleman, advocate and counselor that he was, I will have done him proud.

I was also fortunate to clerk for Judge Larry J. McKinney at the start of my career. I learned from him that the work we do is serious but that we should not take ourselves too seriously. I also learned from Judge McKinney that lawyer civility is essential. He expected this from all in his court, and he treats counsel with respect.

While clerking I was able to observe and get to know Neil Shook during lengthy proceedings in Judge McKinney’s court. He was the consummate professional even in challenging situations. Thereafter, I came to know him better through bar association service, including his years as an IndyBar leader and eventual president. Neil served as a great example for all lawyers. I remember him often and am thankful for having learned from him.

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IndyBar Hosts Largest Pro Bono Event in its History

By The Hon. Mark D. Stoner, Marion Superior Court; 2014 IndyBar Pro Bono Standing Committee Chair

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I had an opportunity to witness history the other day. The morning of Oct. 14 started ominously enough, with dark thunderclouds surrounding the city. At noon, it looked like we could even have a tornado. By 2 o’clock, however, the clouds moved off and a glorious, warm sunshine emerged. It was a perfect day for the IndyBar’s semi-annual Ask a Lawyer (AAL) event and, by day’s end, volunteer lawyers, paralegals, and various support staff had provided free legal advice to more than 760 Indianapolis residents.

The IndyBar has hosted this event twice a year for over 15 years. The current Pro Bono Standing Committee has greatly expanded this program in recent years. Five years ago, the program routinely served less than 350 persons. With this year’s success, we have doubled that effort and believe we can accomplish even more.

To achieve this success involves a substantial amount of work. First, everything runs through Caren Chopp, the IndyBar staff liaison to the committee. As with other IndyBar staff members, Caren provides outstanding organizational and logistical support. It is through her contacts, mailing lists and other resources that we have over 120 lawyers and approximately 20 paralegals and law students who volunteer for this event. In addition, there are flyers, posters, information sheets, and, most importantly, the constantly updated subject matter summaries that supply the volunteers with basic information for their consultations. Caren oversees this project, as well as all other pro bono projects throughout the year, and constantly improvises when the committee makes changes to the program.

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Attorney volunteer John Cross, Mercer Belanger PC, talks with a member of the public at the Glendale branch of the Indianapolis Public Library during the Oct. 2014 Ask a Lawyer event.

Along with these organizational skills, this year’s AAL had tremendous support as the event’s former co-chairs Stephanie Chaudhary, Riley Bennett & Egloff LLP, and Ned Mulligan, Cohen & Malad LLP, passed the torch to Melissa De Groff, Kroger Gardis & Regas LLP, and James Carter, Thrasher Buschmann & Voelkel PC. The chairs visited numerous organizations and distributed information and materials to promote the event. In addition, they provided interviews to all the major local television stations, wrote letters to newspapers and made this the best publicized IndyBar media event in recent memory. It didn’t matter if the interview was in the early morning hours on Sunday or in prime time, these chairs and other committee members were pushing AAL and the IndyBar’s other pro bono programs into the public eye.

One of the things I do during each Ask a Lawyer event is drive throughout the county, visiting as many sites as possible. For an elected official, it is almost like visiting the polls on Election Day. It gives me the opportunity to personally thank all the lawyers, librarians, site coordinators and other volunteers who make this event such a success. Stephanie Chaudhary, who will chair the Pro Bono Standing Committee next year, accompanied me and survived my driving skills (or lack thereof) and constant shortcuts. Hopefully, she has recovered by now. It is impossible to cover all the sites, as we are constantly expanding. This year we added the Veterans Administration headquarters and the Beech Grove Senior Center. Stephanie and I made all but two of the 13 locations.

These visits gave us an opportunity to acknowledge the library staff who graciously make their rooms available and help publicize these events. The Indianapolis Public Library system is an invaluable community resource. It is always fascinating to see how many different forms our libraries take: there are the traditional Carnegie buildings with their grandeur and history, but there are also libraries in modern buildings, strip malls and other facilities. They all have community rooms where our lawyers do their consultations in semi- private settings. Perhaps the most encouraging thing about the libraries is they are almost always full when we visit mid-day. For lawyers, who value the power of books, education and learning so much, this is a gratifying experience. Amazon, Kindle and e-books continue to provide new forms of expanding the printed word, but our libraries still provide the physical location and resources where everyone can gather, learn and participate in community events. That is why we rely so heavily on them for AAL and are so thankful for the support of Indianapolis Public Library CEO Jackie Nytes, the library board, and the librarians themselves.

I cannot overemphasize how grateful the public is for this event and for the lawyers who give so freely of their time and advice. When Stephanie and I would interrupt their consultations to thank the lawyers, we were met with smiles and polite “thank yous” from almost everyone. One person remarked, “It means a lot that you care.” Another said, “We really love this program and all that the lawyers do.”

Some folks were having simple conversations with the lawyers, but others brought mounds of paperwork and really prepared for this event. Everyone knows the lawyer cannot completely solve their problems, but they are grateful for any assistance we can provide. One librarian shared with me that she had consulted an AAL attorney several years ago and used that advice to start a small publishing business. As a result, she had published her first books earlier this spring. Truly, you never know what a difference you can make in someone’s life until you reach out and help.

Finally, the real stars of this event are the lawyers themselves. Some of them were doing it for the first time; there were several just weeks from graduation and passing the bar. A large number of the lawyers and paralegals, however, have done this year after year after year. Almost without exception, everyone was happy to provide this service and recognized the smiles and recognition from the public. Many of them have jobs that do not provide much client contact, while others specialize in legal areas far removed from basic landlord-tenant, employment and contract questions. The lawyers themselves were genuinely grateful for the contact with the public and to hear so much praise for lawyers in return. Special recognition goes to the lawyers and site coordinators serving the Glendale library who stayed an hour past closing time to ensure every citizen who was there received assistance.

The last thing I want to mention is the continuing support of the Indianapolis Bar Foundation. Without the IBF’s generous financial support, none of this could be possible. This crucial support is why we need to support the annual Evening Under the Stars Dinner and Auction, as well as other IBF fundraisers. We get the chance to dress up, share stories, enjoy each other’s company, and spend and raise money so the less glamorous but equally important work of serving the public in providing community leadership can occur with our pro bono services. For that we can all be grateful.

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IndyBar Presents: “A DeCLEmber to Remember” Legal Ethics Webinar Series

This December, IndyBar is partnering with Lawpsided Webinar to bring members a month of online CLE seminars with ethics credit. Comedian Sean Carter will present five webinars in December, and registrants will get CLEs with a dose of humor.

IndyBar members can register for one session or for the entire series here. Each one hour ethics course will broadcast on a Monday from 1 to 2 p.m. starting on December 1 and ending December 29.

About Sean Carter:

  • He is a graduate of Harvard Law School
  • He has presented CLE seminars at 300+ bar associations and law firms in 45 states
  • This series will mark his 5th time to host a webinar – and his first time teaming up with the IndyBar!

 

Webinar Series Schedule:

  • Monday, December 1; 1 to 2 p.m. “It’s Not the Fruit, It’s the Root: Getting to the Bottom of Our Ethical Ills”
  • Monday, December 8; 1 to 2 p.m. “Yelp, I’ve Fallen Into Social Media and I Can’t Get LinkedOut: The Ethical Pitfalls of Social Media”
  • Monday, December 15; 1 to 2 p.m. “Lies, Damn Lies and Legal Marketing: (The Ethics of Legal Marketing)”
  • Monday, December 22; 1 to 2 p.m. “Attorney, Heal Thyself: The Detection, Treatment and Prevention of Substance Abuse”
  • Monday, December 29; 1 to 2 p.m. “The 2014 Ethys Awards: The Best of the Worst Unethical Behavior”

 

Sign up for a session or for the entire series here!

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Getting Along is Not Wrong: Get to Know the Court Staff and the Clerk’s Office

Civility. Courtesy. Respect. Professionalism.

These are words that should be synonymous with “Advocate,” but in a world of high stakes, strong opinions, and a general societal decline in basic manners, how can attorneys fight the good fight while living up to these ideals – especially if the other side doesn’t? We set out to find examples of lawyers who model the way while providing excellent representation.

Getting Along is Not Wrong, an initiative of the IndyBar Standing Committee on Professionalism, is the impressive collection of such positive and compelling behavior. Check out the entry below and continue checking back for future installments.

Patricia Caress McMath, Marion County Public Defender Agency -

My father, John Caress, was my first mentor. He was a personal injury and medical malpractice attorney. My dad taught me early on to make friends with the court staff and the clerk’s office, as they could make life much easier or much harder on an attorney. The summer before I started law school, I worked in his office and he took me over to the City-County Building. He introduced me to everyone in the clerk’s office and in the courts where he practiced. That might be the single most important advice I ever got, and I’ve always practiced it.

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Bar Talk November: Legal News You Need to Know

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The latest legal scoop to keep you in the loop: Here are the top five stories from the IndyBar this month.

Please note: IndyBar news and updates are provided as a member benefit. You may be prompted to log-in to view some articles.

Same-Sex Married Couples: Legal Protections You Need to Know
By Richard A. Mann, Richard A. Mann PC
Now that Indiana same-sex couples can legally marry, there are a number of other legal protections same-sex married couples need to consider. This post outlines each of them, from real estate coverage to health insurance benefits, and provides insight into the recent legislation changes.
For more Family Law Section news, subscribe to this content here!

Important Notice Regarding Changes to Rules of Appellate Procedure Rule 9
By Jennifer P. Harrison, Marion County Public Defender Agency
Recent changes to Indiana Rules of Appellate Procedure Rule 9 affect where attorneys can file a notice of appeal. This article by Jennifer P. Harrison explains what attorneys need to know in order to ensure their clients have an effective right to appeal after a case in the trial court doesn’t succeed.
For more Criminal Justice Section news, subscribe to this content here!

Changes Coming to Indiana Child Support Guidelines?
By John Owens, Marion County Prosecutor’s Office
The Domestic Relations Committee of the Indiana Judicial Center is nearing completion of its review of the Indiana Child Support Guidelines. John Owens talks about what those changes may be and why they are happening in this post, including the ways that the Guidelines have been impacted by the Affordable Care Act.
For more Family Law Section news, subscribe to this content here!

Monday Night Football Provides Lesson in Labor and Employment Law
By Amanda C. Couture, Ogletree, Deakins, Nash, Smoak & Stewart PC
With the NFL season in full swing, one player’s penalty for praying after a touchdown on a Monday night earlier in October caused quite a stir. In this post, Amanda Couture explains what employers need to know about religious accommodations in the workplace.
For more Labor & Employment Law Section news, subscribe to this content here!

How Environmentalism Can Help Stop the Spread of Ebola
By Angela P. Krahulik, Ice Miller LLP
The Ebola outbreak is at the forefront of the public’s conscience as more and more news gets released on the condition. This post by Angela Krahulik talks about stopping the spread of Ebola at the source, and she explains how environmentalism plays a vital role in helping to do that.

For more Environmental Law Section news, subscribe to this content here!

*If you’re hanging out with people who aren’t lawyers, here’s something even they will find interesting: Disney’s Frozen is under fire after a woman filed a multimillion dollar lawsuit claiming that the film was taken from her life story. Does Disney stand a chance of getting frostbitten by her claims?

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CLE Spotlight: November Edition

Before you feast on Thanksgiving fare, gorge yourself on these select CLE offerings! Each featured event will take place the week before the Thanksgiving holidays. Get ready to clear your plate and get some credit with our three-course menu (with a sweet bonus at the end!)…

First Course:
Business Exit Planning for the Retiring Baby Boomer

Wednesday, November 19
4 to 5 p.m.
IndyBar Education Center
1.0 General Credits
Speaker: Kevin M. Alerding, Ice Miller LLP
Cost: No cost for Estate Planning and Administration Plus CLE Section Members, $35 all other IndyBar Members, $70 Non-Members, $10 IndyBar Law Student Members
Save your seat here!

It is estimated there will be 5 million baby boomer business owners exiting their businesses over the next five years. The succession planning options for this demographic are vast. This seminar will provide an overview of exit strategies, as well as pre-transfer estate planning techniques that can enhance the success of the plan and mitigate future transfer tax implications.

Second Course:
How to Use Worker’s Comp Information for General Liability Defense
Friday, November 21
Noon to 1 p.m.
IndyBar Education Center
1.0 General Credit
Speaker: Ty M. Craver, Hill Fulwider PC
Cost: No cost for Labor and Employment Law Plus CLE Section Members or Young Lawyers Plus CLE Division Members, $35 all other IndyBar Members, $70 Non-Members, $10 IndyBar Law Student Members
Save your seat here!

Are you a civil litigator? Have you ever received an Indiana worker’s compensation file, but didn’t know what to do with it? If so, you should not miss this program, which will give you guidance as to how to interpret and deal with worker’s compensation claims.

Third Course:
“Must Know” Intellectual Property Issues for Lawyers
Tuesday, November 25
4 to 5 p.m.
IndyBar Education Center
1.0 General Credit
Speaker: William A. McKenna, Woodard Ernhardt Moriarty McNett & Henry LLP
Cost: No cost for Litigation Plus CLE Section Members, Business Law Plus CLE Section Members, Indy Attorneys Network Plus CLE Section Members and Intellectual Property Plus CLE Section Members; $35 all other IndyBar Members;, $70 Non-Members; $10 IndyBar Law Student Members
Save your seat here!

This program will include an overview of several aspects of intellectual property that every lawyer should know. Topics to be covered include:

  • patent
  • trademark
  • copyright
  • trade secret related issues that may arise in the course of other representation and how to spot them

General practice lawyers, business lawyers or lawyers of other specialties who may come into contact with client’s having intellectual property issues should attend.

Dessert:
Networking Reception
Tuesday, November 25
5 to 6 p.m.
IndyBar Education Center
Cost: $10 for IndyBar Members and Non-Members
Save your seat here!

Join the Indy Attorneys Network Section, Intellectual Property Section, Business Law Section and Litigation Section for a reception following the “Must Know” Intellectual Property Issues for Lawyers CLE.

Don’t miss out on this opportunity to socialize with fellow section members over appetizers and drinks. Registration includes two drink tickets and appetizers.

 

You can see a listing of all of our upcoming CLEs and events here.

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