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Family Law Tip of the Week: Justice Center, Motions to Withdraw, Petitions and Unlinking Opposing Counsel - Family Law News

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Family Law News


Posted on: Apr 12, 2018

Welcome to Tip of the Week! Judicial officers will offer a tip each week for members of the Family Law Section. Feel free to send suggestions to Mag. Kim Mattingly at kimberly.mattingly@indy.gov.

By Mag. Kimberly Dean Mattingly, Marion Superior Court

  1. Check out this article in the Indiana Lawyer about the new justice center. It is not too late to direct your comments, ideas, requests or concerns to either Jon Deenik at jon@deeniklaw.com or Tara Rabiola at tara@crfamilylegal.com.
  2. Repeat tip: please do not file your Motion with Withdraw before the 10 days mentioned in your 10-day letter have passed. We’ll have to diary it for the 11th day, which means it gets processed at least twice and therefore has double the opportunity to get lost or mishandled, etc. (not that I’ve ever let anything slip thru the cracks, of course).
  3. Do not, ever, sign a verified pleading on behalf of your client. Sure, you can verify the facts contained in a motion to continue or other procedural motion if you truly know them to be fact, but your client MUST sign a Petition to open a case, for contempt, or to modify. Think I’m being overly vigilant or silly? - ask your malpractice carrier about verifying, under oath, facts that you do not have personal knowledge of and only obtained from your client! Yes, technically, an electronic “/s/ typed name” is a signature, but it is really asking too much to have your client to pick up a pen and sign a request for such important relief?
  4. I’ve been made aware that apparently someone is unlinking opposing counsel from a case when they are filing their own appearance. Remember that EVERYTHING you do online leaves electronic fingerprints. It may be difficult to unearth, but your identity can be revealed, and will promptly be reported to the Disciplinary Commission.

 
Finally, a question to ponder: why is this listserv so quiet? I hear all the time about postings to the State Bar listserv…surely those posts don’t just come from lawyers outside central Indiana? Is it because you know that Judicial Officers are on this listserv? Hint: we are on the State Bar one too! For example, after last week’s tip I had hoped that there might be questions about the new Candid Counsel program, or at least a hater or two to start a discussion. It used to be that someone would correct me when I was wrong; maybe I will start throwing in red herrings to see if anyone is actually reading!

Stay tuned for a new tip next week!

If you would like to submit content or write an article for the Family Law Section page, please email Kara Sikorski at ksikorski@indybar.org.

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