JULY 6-19, 2011
Polls indicate that many lawyers are dissatisfied with their careers. Are they unhappy as lawyers, or are they just unhappy with the direction their careers have taken? Do you hear positive or negative connotations when someone says "Write like a lawyer"? Attorneys weigh in on grammar usage in legal documents. The Indiana Supreme Court ruled on the rights of individuals to resist police entry into their homes, and now the General Assembly is considering the issue. Read about the summer study committee focusing on the Barnes decision.
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Are you a happy lawyer?
Are they unhappy as lawyers, or are they just unhappy with the direction their legal careers have taken? A recent poll by the Indiana Lawyer asked the question, “If you had it all to do over again, would you still become a lawyer?” Results revealed that less than half could affirmatively say they were happy in their chosen profession.
Read MoreLawmakers examine issues raised in Barnes
As the Indiana Supreme Court decides whether it will revisit a controversial ruling that’s generated public protest since it came down in May, legislators are discussing what they might do to reduce the impact of the justices’ ruling on resisting police entry into one’s home.
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What are lawyers’ pet peeves when it comes to legal writing?
In April, a Missouri attorney filed an eight-page motion seeking clarification of the opposing counsel’s pleading. Attorney Richard D. Crites criticized his opponent’s grammar, use of apostrophes, and lack of detail, writing in his motion that the pleading “is the worst example of pleading that Defendant’s attorney has ever witnessed or read.”
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Defining decisions on legal lexicon
A single word might determine the fate of a case before one of Indiana’s highest courts, so it’s no surprise that judges will often turn to dictionaries to help interpret what a word and statute might mean.
Read MoreI-9 audits present legal concerns for businesses
Indiana’s chapter of the National Federation of Independent Business issued a press release June 23, urging Indiana businesses to prepare for I-9 audits. U.S. Immigration and Customs Enforcement has stepped up its audits of businesses nationwide in an effort to crack down on the employment of unauthorized immigrant workers.
Read MoreLegal trend utilizes AG experience
When he was the state’s top prosecutor, former Indiana Attorney General Jeff Modisett saw the beginning of a trend that’s now become a focus of his practice.
Read MoreJustices: Child placement statutes are constitutional
In a much-anticipated ruling, the Indiana Supreme Court has ruled three statutes relating to juvenile judges’ authority on out-of-state placement cases are constitutional and that the Department of Child Services has statutory power to consider costs when considering those placements.
Read MoreJustices split on recovery of attorney fees under Adult Wrongful Death Statute
The Indiana Supreme Court issued three opinions June 29 dealing with what fees are recoverable under the Adult Wrongful Death Statute, holding that attorney fees, litigation expenses, and loss of services can be recovered. Chief Justice Randall T. Shepard and Justice Robert Rucker dissented in each decision, believing that those fees aren’t allowed under the statute.
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The merits of medical patents
In April, the U.S. Court of Appeals for the Federal Circuit heard arguments in a case that raises fundamental questions about the patentability of human genes. In June, the U.S. Supreme Court agreed to take on a patent case in which the central issue is the patentability of a medical process. Both cases could have far-reaching effects – in medicine, in law, and in academia.
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Federal anti-streaming bill has broad implications
Putting a video on YouTube and embedding that video onto another site could be all it takes to commit a felony under a statutory amendment before the U.S. Senate.
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Editorial: Letter to the Editor
Official would best criticize as private citizen, not public servant.
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Hearing officer finds in Carl Brizzi’s favor in disciplinary action
A hearing officer recommends that disciplinary charges be dismissed against ex-Marion County Prosecutor Carl Brizzi, and now it’s up to the Indiana Supreme Court to consider the case.
Read MoreWomen accused of operating ‘puppy mill’ file lawsuit
The mother and daughter who were accused of running a “puppy mill” and had animals removed from their homes as a result of tax law violations are now suing the Indiana attorney general and others involved in the removal of the dogs.
Read MorePanel to oversee transition of toxicology department
Gov. Mitch Daniels has appointed a three-member panel to oversee the transition of the department of toxicology to the State of Indiana from Indiana University School of Medicine. The panel will begin work immediately, Daniels’ office reported June 21.
Read MoreCourt: Man may be classified as sexually violent predator
The Indiana Supreme Court ruled 4-1 that classifying a man as a sexually violent predator due to an amendment to the Sex Offender Registration Act doesn’t violate Indiana’s prohibition of ex post facto laws or the doctrine of separation of powers.
Read More7th Circuit sends Corcoran case back to trial court
Following a remand from the United States Supreme Court in late 2010, the 7th Circuit Court of Appeals admitted it made mistakes in its recent decision involving a convicted murderer’s appeal and sent the case to the District Court to address habeas relief claims.
Read MoreJudges halt enforcement of challenged laws
Two federal judges issued preliminary injunctions June 24 preventing parts of two new controversial laws regarding immigration and funding of Planned Parenthood of Indiana from being enforced.
Read MoreJustices rule on cases using 3-step test seeking records
The Indiana Supreme Court tackled the issue of requests for production of information to private third parties in two opinions Thursday – one dealing with records sought that fall under the victim-advocate privilege and the other dealing with unprotected information.
Read MoreVideo game maker wins IP suit
U.S. District Judge Jane Magnus-Stinson shot down a lawsuit brought by heirs of bank robber John Dillinger that challenges how his name is used in video games based on the movie “The Godfather.”
Read MoreGroups seek nominations for 2011 awards
Several Indiana legal organizations are accepting nominations for awards given by their groups. All have July deadlines.
Read MoreSouthern District magistrate up for reappointment
The U.S. District Court for the Southern District of Indiana is seeking comment as to whether Magistrate Judge William G. Hussmann Jr. should be recommended for reappointment. The current term of Magistrate Hussmann, who works in the Evansville Division, expires April 3, 2012.
Read MoreAnti-terrorism simulation documentary wins Emmy Award
A documentary about the 2009 anti-terrorism simulation exercise hosted by Indiana University School of Law-Indianapolis won an Emmy Award.
Read MoreIndiana judges to present at pro bono event
Indiana Supreme Court Justice Frank Sullivan, appellate Judge Nancy Vaidik and lawyers and judges from Pro Bono District One will be among the presenters at a daylong event July 22 at Valparaiso University School of Law. The event, “A Potpourri of Timely Topics,” is co-sponsored by the law school and NWI Volunteer Lawyers.
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The law of art
Katie Zarich, deputy director of public affairs for the Indianapolis Museum of Art, had worked for the IMA for a year when she decided to go to law school. She applied only to Indiana University School of Law-Indianapolis, knowing that she wanted to continue working for the museum as she attended class at night.
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Disciplinary Actions
Read about disciplinary action recently handed down by the Indiana Supreme Court.
Read MoreHammond traffic judge faces misconduct charges
Hammond City Judge Jeffrey A. Harkin faces three misconduct charges for operating an illegal traffic school deferral program and dismissing cases without collecting required fees, as well as dissuading one litigant from contesting a seatbelt violation in court.
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DTCI: Summer associates: Find your ‘Bill Wooden’ mentor
DTCI member Misha Rabinowitch reflects on his mentor, Bill Wooden.
Read MoreIndiana Bar Foundation announces new board
New Albany attorney J. Mark Robinson has been named president-elect of the Indiana Bar Foundation, and Michael Bishop will become the new board president. The positions were named at the foundation’s June 17 meeting.
Read MoreIBA: Lawyer Advertising: The Truth May Not Set You Free
Indiana’s new advertising rules apply to more than just billboards and Yellow Page ads. Rule 7.2(a) of the Rules of Professional Conduct defines “advertising” as “any manner of communication partly or entirely intended or expected to promote the purchase or use of professional services.” That means that the advertising rules may cover communications on your website, your blog and even on your Facebook page.
Read MoreIBA: WLD Summer Reception
View photos from the IndyBar Women and the Law Division reception.
Read MoreIBA: Indiana Legislature Passes New Guardianship Laws
The Indiana legislature passed several new guardianship laws in the 2011 legislative session which impact guardianships of minor children and incapacitated adults.
Read MoreEditorial: IndyBar – Your Source for Information
Back in the day, even before I joined the IndyBar staff, there was a singular method for communicating with our members. Known as the Bulletin, it was a printed elongated postcard readily identified for its unique size and concise information.
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