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Off the Record

Listen to stories from judges, lawyers and more that go beyond the courtroom on Off the Record. Off the Record is a legal podcast from the Indianapolis Bar Association.

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Season 3
Episode 1: Meet the Team
Off the Record is back for 2021, and we're welcoming some new faces to the team! Join us as we meet three additional hosts who will help bring even more stories of Indy's lawyers to life: Kerry Hyatt Bennett of the Indiana Coalition Against Domestic Violence, Bianca Black of Littler Mendelson PC and Eric Schmadeke of Densborn Blachly LLP.

Show Notes:
Who the Bleep Did I Marry (subscription required)
2021 Bench Bar Conference

Episode 2: Stress, Trauma & the Legal Professional: Off the Record with Loretta Oleksy & JLAP
After of year of pandemic-related stress and challenges, people across the world are still struggling, and of course, legal professionals in our own community are no exception. When it gets to be too much, where can you go for help? Off the Record host Kerry Hyatt Bennett is here with Loretta Oleksy of the Indiana Judges and Lawyers Assistance Program (JLAP) to help figure it all out. Together, Loretta and Kerry demystify JLAP and talk about the impact of the collective trauma we’ve all experienced together. 

JLAP has typically been associated with alcohol and addiction issues, but services and resources offered by the organization go much further. JLAP, which is a safe haven thanks to Rule 8.3 of the Rules of Professional Conduct, is a remarkable asset that can help with various mental health issues, concerns about colleagues, situational stressors, which can include grief, parenting, divorce, caregiving, and more. JLAP is prepared to offer much-needed support to our legal community, whether that means using it as a sounding board to determine a next step, taking advantage of a support group or enjoying a yoga or mindfulness practice.

Show Notes:
Rule 8.3
About JLAP
JLAP Events: Yoga, Mindfulness and Support Groups
Mayim Bialik's Breakdown Podcast

Season 2
Episode 1: Judge Carr Darden, Indiana Court of Appeals
For many, the era of Jim Crow laws and the Civil Rights Movement are topics learned in school. Others, like Judge Carr Darden, experienced the struggle for social justice firsthand. On this episode of Off the Record, host James Bell speaks with Judge Darden about his life, his experiences and his words of advice for the future.

Episode 2: Brian Paul, Faegre Drinker Biddle & Reath LLP
First Monday is coming, and you know what that means...all eyes will be on the United States Supreme Court as it opens its new term.

Brian Paul of Faegre Drinker Biddle & Reath LLP joins us on this episode of Off the Record with James Bell to provide an update on where the court is and a preview of where it might go in this term. Plus, hear a moving tribute to former Dean Norman Lefstein of the Indiana University Robert H. McKinney School of Law, who passed away on August 29, 2019.

To subscribe to updates on the U.S. Supreme Court from Brian and the team at Faegre Baker Daniels LLP, click here

Episode 3: Larry Pozner
Attendees at the 2019 IndyBar Bench Bar Conference were treated to several sessions presented by one of the nation's foremost experts on cross examination, civil litigation and criminal defense, Larry Pozner. After wrapping up his presentations, Pozner was kind enough to sit down with Off the Record host James Bell to talk about growing up in Indianapolis, the stress of trial work, criminal practice versus civil practice and much more.

Episode 4: Heather Wilson, Frost Brown Todd LLC
Female representation on the bench appears to be at an all-time high in Indiana, with women leading the Indiana Supreme Court, the U.S. District Court for the Southern District of Indiana, the  U.S. Bankrupcty Court for the Southern District of Indiana, the Indiana Court of Appeals, the Marion Superior Court and more. But where do we stand with women in private practice?

Frost Brown Todd Indianapolis office Member in Charge Heather Wilson joined us to talk about leading a large law firm in Indianapolis and about diversity trends she's seeing in private practice.

Episode 5: Philip "Skip" Kappes, Lewis & Kappes PC
A number of notable things happened in 1948. One of them? Indianapolis lawyer Philip "Skip" Kappes passed the bar and became a practicing attorney. Since then, he's lived through countless changes in the profession and in our community. Some things have stayed the same, though. Join us on this episode as we chat with one of Indy's legal legends. 

Bonus Episode: A Message from the Host
Tune in for important IndyBar updates and musings on celebrities and second chances. 

Episode 6: Andrew Campbell, Faegre Drinker Biddle & Reath LLP
It's a new decade for the IndyBar, and leading the association into it is President Andy Campbell, a partner at Faegre Drinker Biddle & Reath. In this episode, we talk law firm mergers, political science and life at the University of Montana, work/life balance, what's next for the IndyBar and more.

Episode 7: Dean Andy Klein, Indiana University Robert H. McKinney School of Law
Join us as we chat with America's favorite law school dean, Dean Andy Klein of the Indiana University Robert H. McKinney School of Law. Dean Klein shares his path to academia, what's happening in law schools these days and his plans for the future after he steps down as dean later this year.

Episode 8: Impeachment: Hanging with Dershowitz. An Interview with Esquire Writer Tom Chiarella
One writer got a chance to follow attorney to the stars and Harvard Law School Professor Alan Dershowitz as he prepared for his historic argument against the impeachment of President Donald Trump. That writer was Tom Chiarella, Esquire columnist and Professor Emeritus at DePauw University. In addition to Dershowitz, Chiarella has interviewed and profiled celebrities like Charlize Theron, Liam Neeson, Morgan Freeman, James Franco, Clive Owen, Kate Beckinsale, Ryan Gosling, Guy Ritchie, Halle Berry, Ben Affleck, Billy Crudup, Ashton Kutcher and Bill Clinton. 

Join us for this episode of Off the Record with James Bell where we talk to Tom about the experience of shadowing Dershowitz, how interviewing celebrities relates to the practice of law and the answer every Colts fan wants to know: who's a nicer guy, Tom Brady or Peyton Manning?

Bonus Episode: Best of Off the Record: Monica Foster
Enjoy one of our favorite episodes of Off the Record, where host James Bell talks with Monica Foster of the Indiana Federal Community Defenders about arguing at the U.S. Supreme Court, her experience defending 15-year-old death who was sentenced to death, the Buffalo Bills and more. 

Plus, enjoy a brand new intro that explores a question every attorney has pondered: would a Hufflepuff make a good lawyer? 

Episode 9: Podcasting from Isolation with Judge Marc Rothenberg
Thanks to the wonders of technology, we're bringing you new episodes of Off the Record with James Bell during this time of isolation and social distancing. In this episode, James talks with Judge Marc Rothenberg of Marion Superior Court

Episode 10: Podcasting from Isolation (And Talking Baseball) with Judge PJ Dietrick
Before he took his seat on the Marion Superior Court bench, Judge PJ Dietrick had a decidedly different career as a minor league baseball player. Drafted by the Oakland Athletics in the 6th round of the 1984 Major League Baseball Amateur Draft, Judge Dietrick made his way from Medford, Oregon to Tacoma, Washington (with a few stops along the way) as he chased his baseball dreams. Join us as host James Bell chats with Judge Dietrick about his past baseball life, including run-ins with stars like Mark McGwire.

Episode 11: Podcasting from Isolation: Writer Tom Chiarella on Roger Penske, IMS & COVID-19
Roger Penske assumed ownership of the Indianapolis Motor Speedway in January 2020. Just three months later, the greatest spectacle in racing was rescheduled from May to August amid this unprecedented public health crisis. Writer Tom Chiarella talks about a recent interview with Penske, plus his own personal experience with the COVID-19 pandemic during this episode of Off the Record with James Bell.

Episode 12: George Floyd: Race, Power & Our Community with Jimmie McMillian & Michael Tolbert
The death of George Floyd has sparked outrage across the country and brought the many issues surrounding systemic racism to the forefront. Our community is no exception. Difficult conversations are starting to happen, and amid the protests, anger and tears, many have questioned what they can do to help. In this special episode of Off the Record, host James Bell talks with two Indiana bar leaders, Michael Tolbert and Jimmie McMillian, who provide their perspective on the situation. 

Michael Tolbert is an attorney in the Gary, Indiana firm of Tolbert & Tolbert, where he is a respected litigator and frequent presenter. He is a two-time president of the James C. Kimbrough Minority Bar Association, past president of the Porter County Chapter of the American Inns of Court, President of the Lake County Bar Association and is currently President-Elect of the Indiana State Bar Association, where he will serve as president in 2021.

Jimmie McMillian is a former law clerk to Justice Frank Sullivan and a former partner in an AmLaw 100 law firm and is currently the senior corporate counsel for the Indianapolis Motor Speedway. He is chair of the board of the Marion County Public Defender Association and is on the board of the Indianapolis Urban League. Jimmie is a past president of the Marion County Bar Association and is currently serving as President-Elect of the Indianapolis Bar, where he will serve as president in 2021.

Episode 13: Winfield Ong: Judicial Nominations, Michael Flynn and the Rule of Law
Winfield Ong is an experienced federal litigator and the former criminal chief for the U.S. Attorney's Office for the Southern District of Indiana. In addition, he is a President Obama judicial nominee for the U.S. District Court, and he is a current white collar criminal defense attorney at Dentons Bingham Greenebaum. 

During this interview, the main topics of discussion were Winfield's journey through the judicial nomination process and Attorney General Bill Barr's decision to move to dismiss the criminal case against General Michael Flynn. 

Since then, unrest has swept the nation as a result of the killing of George Floyd. Though this interview took place several days beforehand and the topics seemed unrelated at first, many themes included are relevant and valuable to the situation we find ourselves in today: the rule of law, the power and discretion that lawyers have, and how that power should never be abused. 

Season 1
Episode 1: Monica Foster, Indiana Federal Community Defenders
On this episode of Off the Record, we'll talk to nationally recognized death penalty attorney Monica Foster of Indiana Federal Community Defenders.

Episode 2: Jim Reed, Dentons Bingham Greenebaum
On this episode of Off the Record, we'll talk with Jim Reed, a divorce lawyer, a family lawyer, and a relationship transition lawyer at Dentons Bingham Greenebaum Doll in Indianapolis.

Episode 3: Doug Boles, Indianapolis Motor Speedway
Don't miss this opportunity to meet the man behind the month of May at IMS. We're talking to Indianapolis Motor Speedway President Doug Boles about his first Indy 500, what it's like to come to work at IMS every day, his experiences as a racing team owner and in politics, and how he balances being a lawyer AND a promoter. 

Episode 4: Rick Kammen, Kammen & Moudy (Part 1)
In November 2017, Indy lawyer Rick Kammen made headlines when he refused to return to Guantanamo Bay after his request to withdraw from representation of alleged USS Cole bombing mastermind Abd al-Rahim al-Nashiri was rescinded. Rick had served as lead defense attorney for Nashiri, who is facing the death penalty, since 2008. Rick's experience in Guantanamo is a tale that includes torture, classified information, and CIA Director Gina Haspel.  Don't miss this inside look at a stranger-than-fiction story involving one of our own IndyBar members. Part 2, to be released on June 18, will delve even deeper into the latest developments on the story.

Episode 5: Rick Kammen, Kammen & Moudy (Part 2)
When we last left Rick, he was facing uncertainty about his representation of alleged USS Cole bombing mastermind Abd al-Rahim al-Nashiri. Get the latest on this stranger-than-fiction story, including a bombshell decision by the U.S. Court of Appeals for the District of Columbia Circuit in April 2019, as James Bell talks to Rick again almost a year later. 



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