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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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IndyBar to Offer Labor and Employment Guidance for Local Small Businesses

For a small business owner, navigating labor and employment laws can be one of the most difficult and potentially costly parts about doing business. A program offered by the IndyBar Labor & Employment Law Section seeks to lessen this burden by providing employers with valuable tips and information in an informal—and affordable—setting.

The Small Business Employment Law Seminar will take place Thursday, Nov. 13 from 8:30 a.m. to noon at the Indianapolis Bar Association (IndyBar) office at 135 N. Pennsylvania Street, Suite 1500. Cost per attendee is $25.

The program is designed for smaller employers—including solo practitioners and lawyers in small firms—that may not have their own human resources professionals or employment counsel. Presenters will help attendees understand which employment laws apply to them, best practices for hiring and discipline, wage issues and essentials for personnel documentation.

Program planners from within the Labor and Employment Law Section hope that the inaugural event proves to be a beneficial resource for small businesses and smaller employers.

“Employment law impacts a large percentage of the population on a daily basis—as employees and as employers,” says Christopher Murray, an attorney with Ogletree Deakins Nash Smoak & Stewart PC and one of the program planners. “The IndyBar’s Labor and Employment Law Section believes that increasing general knowledge and understanding of employment law is a valuable public service.”

Additional details and online registration can be found online here. Pre-registration is not required. A light breakfast will be provided.

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2015 Pro Bono Clerkship in Consumer Law Available

Heartland Pro Bono Council is currently seeking candidates for a 2015 Pro Bono Clerkship in Consumer Law. This one-year unpaid clerkship starts in Jan. 2015 and is open to any attorney licensed to practice in Indiana. Priority will be given to newer attorneys, attorneys practicing in Marion County and attorneys who want to focus their practices in the area of consumer law.

Each clerk will be required to accept at least two pre-screened pro bono cases from Heartland and to participate in a minimum number of consumer law clinics being held at the John H. Boner Community Center. In exchange, each clerk will receive:

Eight or more hours of free CLE in consumer law with a faculty consisting of consumer law attorneys and judicial officers of the Marion Superior Court who regularly preside over consumer cases;

Access to the Marion County civil court judicial officers via quarterly “brown bag” lunch meetings (no discussion of pending cases);

An experienced consumer law mentor;

Malpractice insurance coverage for the pro bono cases; and

Hands-on experience with consumer law cases.

Applications, which can be found online at heartlandprobono.org, are due by Nov. 14, 2014. Applications can be emailed to Dana Luetzelschwab at dana.luetzelschwab.ilsi.net, or mailed to the Heartland Pro Bono Council at 1800 N. Delaware St., Suite 1800, Indianapolis, IN 46204.

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Abrams: Marion County Judicial Elections—Where Do We Go From Here?

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

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Judge Richard Young’s ruling that the current practice of electing Marion County judges is unconstitutional has created quite the stir in Marion County. We all know that the election recently held Nov. 4 has taken place as planned. There is still an ancillary suit trying to set aside that election for the judges. While some commentators do not believe the ancillary suit will change how the judges were selected on Tuesday, Judge Young’s decision certainly will change how judges will be selected in the next election in 2018.

The IndyBar has looked at this issue for quite some time dating back to the early 1990s in an effort to establish a process where we could continue to have the same quality of judges currently on the bench while protecting the financial integrity of those attorneys who run for judge and creating an independent bench that can withstand scrutiny from the public. Historically, each candidate paid a fee to his or her party to defray the costs of the slating process. Some commentators refer to it as a “slating fee” while others were quick to report that there were substantial costs incurred by each party to follow the process that had been established many years ago. There were rumors that some candidates had to obtain a loan and provide a second mortgage on his or her home to obtain the money necessary to pay the fee. Some argued that without being slated, the candidate had a very slim chance of being elected to the bench. It is my understanding that over the past 10 years, only a couple of people have been elected who were not slated.

With the current process being knocked out by Judge Young, there are several options available to the general assembly who must establish the law for the next election. They range from a purely electoral vote with the candidates receiving the most votes being elected to serve as our judges, to a merit-based process whereby any number of groups or people could have the ultimate say on who is selected to serve as a judge in Marion County. Some states allow the governor to make this decision, while others may have a branch of the general assembly, while others have a bipartisan committee consisting of lay professionals and attorneys coming together to choose which judges should serve on the bench. Once a judge has been selected to serve, his or her retention could be governed by a vote of the general population or a review by a commission similar to the designation of their initial selection.

The IndyBar is supportive of establishing an appropriate process that ensures the continued service by outstanding judges for all of our clients and the community in general. Our goal is not to dictate the process for establishing our judges or the actual determination of the process, but to be part of the discussions with all interested parties. We want to be able to actively support whatever law is proposed to the extent it is well conceived and intended to achieve the ultimate goal of continuing strong, excellent judicial decisions from our bench. How we get there is still open for discussion and when it may be achieved is anybody’s guess. The current legislative session in January has significant hurdles for the General Assembly so it is not anticipated to be high on anybody’s radar. However, the likelihood of people getting together and discussing the issue during the summer and early fall could very well present a proposal for consideration in 2016. Stay tuned as all interested groups parlay their thoughts on this process.

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miniBar Talk: This Week’s Top Post!

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So You Want to Be a Social Chair: An Interview for Interested Applicants

The position of social chair is currently available on the Commercial & Bankruptcy Law Section Executive Committee for 2015 and statements of interest are due by Friday, November 14. We talked to current Social Chair Dustin DeNeal of Faegre Baker Daniels LLP to learn more about this role.

IndyBar: How long have you been on the Executive Committee and what was your role?
DeNeal: I just finished my first year on the Executive Committee. I served as social chair.

IndyBar: What is your favorite part about being on the Executive Committee?
DeNeal: The people. Our Executive Committee is comprised of high-performing but fun people who genuinely like what we do.

IndyBar: What are your responsibilities as a member of the Executive Committee?
DeNeal: The main responsibilities of our social chair are to 1) organize the annual holiday party and 2) support the program chair in organizing and ensuring the success of our multiple CLEs. This past year, I also helped organize retirement celebrations for two bankruptcy judges.

IndyBar: How has your involvement impacted you as a professional?

DeNeal: I believe it has helped increase my credibility with the local bar and helped strengthen working relationships.

IndyBar: What can Executive Committee members expect for 2015?

DeNeal: We have a consistently high-performing and friendly section. I don’t expect that to change any time soon.

If you are interested in more information about the Commercial & Bankruptcy Law Section Executive Committee opening, click here. If you would like to be considered for the 2015 Social Chair, please contact Chris Walsh (cwalsh@indybar.org) at the IndyBar by Friday, November 14.

Information about Executive Committee openings for the Litigation Section, Women and the Law Division and Young Lawyers Division can be found on their pages at those links. The deadlines for applications are as follows:

  • Litigation Section: Tuesday, November 11 at noon
  • Women and the Law Division: Monday, November 10
  • Young Lawyers Division: Monday, November 10 at 11 a.m.


To subscribe to more Commercial & Bankruptcy Law 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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Upcoming Pro Bono Trainings

Interested in getting involved in local pro bono programs? Upcoming trainings offered by both the Indianapolis Bar Foundation and the Neighborhood Christian Legal Clinic combine training to prepare you to serve with low cost—or free—continuing legal education credits.

Indianapolis Bar Foundation

What IndyBar Volunteers Should Know to Assist Families with Special Education IEPs
Thursday, Nov. 13, 8:15 to 9:15 a.m.
Joseph Maley Foundation Enrichment Center (7128 Lakeview Parkway West Drive)
1.0 CLE
Cost: Free to individuals who agree to volunteer/$35 IndyBar Members/$70 Non-Members
Register here.

Thousands of Indy area children face extra hurdles in education because of physical, cognitive or emotional/behavior challenges. Federal and state laws entitle all children to a free and appropriate education; some children need an Individualized Education Plan (IEP) to ensure that they receive the appropriate education for their ability. This session, offered in partnership with the Joseph Maley Foundation, the 2014 Indianapolis Bar Foundation Impact Fund recipient, will train attendees so they will be able to help educate parents and guardians on education rights in parents meetings, including substantive, procedural and practical rights; what the process is for securing an IEP; and will provide an overview of applicable sources of law.

Cost is free for those who volunteer to work five hours preparing for and presenting at parent informational meetings. This introductory-level seminar is geared to providing the basics to allow volunteers to begin assisting JMF with this program mission of educating and empowering parents. This seminar will include significant written and electronic reference material for future use. Intermediate and advanced seminars will be offered in the future.

Neighborhood Christian Legal Clinic

Visit the Neighborhood Christian Legal Clinic website at nclegalclinic.org to find additional details and online registration for both NCLC programs.

Immigrant Justice Program Training
Friday, Nov. 14, 8:30 a.m. to 4:30 p.m.
Faegre Baker Daniels LLP (300 N. Meridian St.)
6.5 CLE, including 1.0 Ethics.
Cost: $160 per person/$10 for individuals who take an Immigrant Justice Program Case Referral
Register here.

This seminar will begin with an introduction of the Follow to Join applications (I-730) and ideas behind immigration law and asylum law, so the attendee will better understand the remainder of the CLE.Speakers will present on topics such as the Affirmative Asylum, Defensive Asylum and Witholding of Removal/Convention against Torture. The afternoon will cover Employment Authorization Documents and Travel Documents for Asylees, and Ethics Rules (1.1, 1.3 and 1.4) will be presented by Chuck Kidd, Deputy Executive Secretary at the Indiana Supreme Court Disciplinary Commission.

Victim Justice Program Training
Monday, Dec. 1, 8:30 a.m. to 4:30 p.m.
Barnes & Thornburg LLP (11 S. Meridian St.)
6.0 CLE, including 1.0 Ethics
Cost: $160 per person/$10 for individuals who take a Victim Justice Program Case Referral
Register here.

Attendees will learn about protection orders, processes, procedures and dissolutions. That will be followed by a more in-depth presentation, “beyond the no contact order,” the firearms surrender, and other complex issues. Attendees will learn about divorce mediation and about how to use expert testimony to illustrate the client’s trauma. Matters regarding children in common, such as child support, custody, and parenting time will be discussed. The session will conclude with ethical issues every domestic violence lawyer ought to be familiar with.

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IndyBar Member Headlines: Thursday, November 6

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

Jeffrey J. Graham has been appointed Bankruptcy judge in the Southern District of Indiana. Graham previously was a partner at Taft Stettinius & Hollister LLP in Indianapolis and was the chair of the IndyBar Commercial & Bankruptcy Law Section in 2008.

Olga Voinarevich has joined Ice Miller LLP as an associate in the litigation and intellectual property group.

James Banister has joined Ice Miller LLP as an associate in the health care and business groups.

Kristen J. Davee has joined Lewis Wagner LLP as an associate and is focusing on commercial and real estate acquisitions.

Jonathan W. Padish has joined Lewis Wagner LLP as an associate and practices in the complex litigation group.

Barath S. Raman has joined Lewis Wagner LLP as an associate and his practice includes defense of personal injury and product liability.

 Jeanne Hamilton has joined SmithAmundsen LLC as a partner.

Nicholas C. Dugan has joined Riley Bennett & Egloff LLP as an associate.

Brandon Almas has joined Bonahoom & Bobilya LLC, a firm that resulted from the recent merger of Bobilya Law Group LLC and Bonahoom & Bonahoom LLC.

Erin M. Radefeld has joined Bingham Greenebaum Doll LLP and is a member of the firm’s Litigation Practice Group.

Deborah J. Daniels, partner at Krieg DeVault LLP, has been inducted into The Indiana Academy in recognition of her achievements and contributions in the advancement of the citizens of Indiana.

Todd J. Janzen of Plews Shadley Racher & Braun LLP has been selected as member of the Board of Representatives for the Council for Agricultural Science and Technology.

Mary Beth Claus of Indiana University Health, Jennett Hill of Citizens Energy Group, Julianne S. Lis-Milam of Hammond Kennedy Whitney & Co. Inc., Kathy Osborn of Faegre Baker Daniels LLP. Rebecca Polak of KAR Action Services Inc.  and The Hon. Nancy H. Vaidik of the Indiana Court of Appeals were named Indiana’s 2014 Women of Influence by the Indianapolis Business Journal.

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