JULY 8-21, 2020
Shining a light on a little-told success story — that two-thirds of Hoosier youths in foster care exit the system and are are successfully reunited with their natural parents — Marion County court staff held a celebration to mark National Reunification Month for the first time in Indiana. Like the rest of the state, lawyers aren’t heading back to the office all at once — in fact, some aren’t heading back at all. The new normal of “working from home” has become so engrained that firm leaders say they don’t expect their employees to return to the old lifestyle of commuting into the office every day. And as Hoosier trial courts prepare for the return of in-person proceedings with COVID-19 precautions, many unanswered questions remain about the best practices for safely conducting jury trials.
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Family ties: Reunification celebration spotlights families who achieve stability
Although many may be skeptical of parents whose children are removed from their care, statistics show that nearly 67% of Hoosier youths exit foster care and are successfully reunited with their moms and dads. Those stories of resilience inspired the Marion Superior Court Juvenile Division and the Marion County Public Defender Agency to celebrate National Reunification Month for the first time in Indiana.
Read More‘Back to work’ looks remotely different
Like the rest of the state, lawyers aren’t heading back to the office all at once — in fact, some aren’t heading back at all. The new normal of “working from home” has become so engrained that firm leaders say they don’t expect their employees to return to the old lifestyle of commuting into the office every day.
Read MoreStudy: Public defenders get $5.16 an hour after overhead
A study by the Indiana Public Defender Commission is highlighting what officials say is a flawed system that encourages contract public defenders to increase their private caseload to cover their overhead costs, which eat the bulk of the compensation they receive for representing indigent defendants.
Read MoreNew territory: State courts prepare for return of jury trials
As Hoosier trial courts prepare for the return of in-person proceedings with COVID-19 precautions, many unanswered questions remain about the best practices for safely conducting jury trials.
Read MoreWho’s watching you? Contact tracing protected by privacy laws despite public resistance
Americans have encountered numerous new experiences during COVID-19, but contact tracing isn’t one of them. Long used to track diseases such as tuberculosis, contact tracing is described by experts as a “tried and true” public health tool. But as the scale of the tracing has ballooned during the pandemic, so has the distrust of the method.
Read MoreIndiana Court Decisions – June 18-30, 2020
Read Indiana appellate court decisions from the most recent reporting period.
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Cost transparency efforts advance in medicine
The Trump administration won a court ruling last month upholding its plan to require insurers and hospitals to disclose prices for common tests and procedures in a bid to promote competition and push down costs. The federal court decision comes as Indiana prepares to enact its own health care price transparency legislation next year.
Read MoreDivided COA panel finds for woman wrongly told hepatitis test was negative
A woman who learned years after she had been told that a hepatitis test was negative that in fact the test had come back positive had her case reinstated June 26 by the majority of an Indiana Court of Appeals panel. Two of three judges found a clinic fraudulently concealed the woman’s positive test result.
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Betz: Real, specific demands to confront systemic racism in Indiana
The Black Lives Matter movement jolted us from our self-satisfied stasis. But to change things, we must do things. If silence is violence, then speaking without specifics is only nominally better. To bring the justice protesters so desire, it is time to recognize the deeply embedded systemic racism in Indiana and develop a list of specific demands to yield measurable results. The risk of not doing so is too great: the country simply cannot become further torn over racial injustice.
Read MoreJLAP: Of course I heard you. What did you say?
I’m a lawyer, so I’m a good communicator, right? Or at least I have been conditioned to believe that. In my own practice, I listen and respond to arguments all the time. Reflecting on my personal interactions, I would like to think that I take the time to look and listen to the person I am speaking with. So what more could I do? Doesn’t this mean I’m a good listener? If attorneys are supposedly so good at communicating, do I know what am I actually communicating when I interact with colleagues, coworkers and clients?
Read MoreHammerle on… Baseball
“Field of Dreams” (1989) captures the essence of baseball. The immortal line, “If you build it, he will come,” will always reminds me of my late father. As kids, he played catch with me and my brothers in a field near our house, and I still see him waving at me when I drive by that location in Batesville. As baseball tries to play a short season, I am reminded of my love of the game.
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IndyBar President’s Column: A Salute to Dean Klein
Dean Andrew Klein routinely tells us that he isn’t going anywhere after his one-year sabbatical. He intends to return to the classroom at IU McKinney. Law students will be better off for it. He intends to continue to support the IndyBar and the IBF and, in turn, the Indianapolis legal community. Our profession will be better off for it.
Read MoreIndyBar: Practical Tips to Bolster Your Legal Hold Notice
The IndyBar E-Discovery, Cybersecurity and Information Governance Section leaders Jennifer Tudor Wright and Katrina Gossett Kelly recently presented another successful and informative CLE entitled “Practical Tips to Bolster your Legal Hold Notice.” Jennifer and Katrina drew on their e-discovery experience and reviewed key elements of a legal hold notice, case law updates, confidentiality/privilege issues and additional considerations for attorneys and their clients.
Read MoreIndyBar: Indiana Recording Law Change Effective July 1
As of July 1, 2020, all instruments which are to be recorded in the State of Indiana (deeds, mortgages, etc.) will need to comply with a modification to Indiana Code 32-21-2-3(a). Specifically, the Indiana General Assembly passed Senate Enrolled Act 340 during its 2020 session, which included a provision changing an “or” to an “and” in Indiana Code 32-21-2-3(a). The change invoked a requirement of common law “proof”, which is the requirement of a disinterested party to the transaction serving as a witness to the execution of an instrument.
Read MoreIndyBar: USPTO News: Expedited Review of Qualifying Pandemic-Related Trademark Applications
As of June 16, 2020, the United States Patent and Trademark Office (USPTO) has implemented a new examination program to expedite trademark applications related to COVID-19 in light of the current economic circumstances caused by the global pandemic.
Read MoreIndyBar: Celebrate History — Nominate for the Antoinette Dakin Leach Award by August 7
Now more than ever, it’s important to remember what makes us unique and support one another. Each year, the Indianapolis Bar Association Women and the Law Division is proud to celebrate Antoinette Dakin Leach, who was the first woman admitted to the Indiana State Bar Association in 1909, by presenting an honor in her name to a trailblazing female attorney.
Read MoreIndyBar: Rent Our Facilities and Host Your Next Meeting at IndyBarHQ
The brand new IndyBarHQ facility, opened in 2020, boasts meeting spaces now available for reservation! Our flexible meeting rooms feature state-of-the art technology, reliable wi-fi connectivity and easy access via private street-level entrances.
Read MoreDTCI: Finding gratitude for the practice of law in difficult times
Practicing law occupies your mind. Being a lawyer has been described as a thinking job and not just a doing job. Lately the news around us has been horrible, and the decisions we face about tasks as simple as buying groceries have been daunting. In these times, I have found my law practice to be a welcome respite from the world around me.
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