I generally cannot go but a few weeks without having a phone call with opposing counsel littered with interruptions. I can tell you several names of opposing counsel who have simply hung up on me (most of the time, they are the ones who called in the first place). … Candidly, this is all purely anecdotal. However, I can tell you that, unfortunately, every instance involved behavior conducted by a male attorney.
Buying commercial real estate requires special attention to potential environmental problems and the laws that regulate them. A lawyer advising a buyer of commercial real estate must identify and resolve existing or potential environmental problems or risk an unhappy client.
The last thing Indiana Lawyer readers need is a new attorney giving them tips, best practices and pitfalls to avoid. So as a new attorney, I will instead tell a story about humility — something that any person can (and should) experience at any time in their life. I received a large dose of it after I was sworn in as an attorney.
“The Trial of the Chicago 7” serves as a reminder of the turbulent 1960s that has relevance to social upheaval in our times, movie reviewer Robert Hammerle observes.
Many of you recently passed the state bar exam and were sworn in to practice law within the last couple of months. I was in your shoes one year ago and will now impart some of the “knowledge” I have learned in my first year as a lawyer. It is up to you to decide if what I have learned is helpful to you or if I am full of it.
After COVID-19, law firms must rethink what the office environment can deliver better than the experience of working remotely. What can the future law firm office do better? How can tomorrow’s law firm office improve connection and interaction, encourage collaboration, and provide modern, convenient services?
As I write this article, my thoughts are focusing on the future and what I anticipate doing again when we return to normal — whatever that normal may be. Some who know me — and especially my wife — know that I am more of a “half-empty glass” than a “half-full glass” person. However, with an optimistic eye, I will look forward to what the future may be when we return to normal.
A core tenet of American citizenship is access to the ballot. Defining who is and is not a citizen has been used as a chess piece in many partisan and nonpartisan fights. Again the voting ritual is upon us, and I challenge voters to mark their ballots then plan to hold those they voted for or against accountable.
Retirement. Depending on where someone is on the age spectrum, it is a prospect too distant to be felt with any sense of reality or something that is coming like a fastball straight at your nose. Two lawyers who recently retired and I exchanged our thoughts about life in retirement.
The Indiana Lawyer editorial staff has been covering Indiana’s voter suppression laws and how they are holding up to court challenges. So far, so good for several statutes, which is awful news for democracy and the right to vote.
For a long time, I’ve wanted a legal pad app for my iPad that could reliably turn my handwriting into text. The iPad and Apple Pencil should do this well, but there was too much friction in getting the text to be recognized and usable. That’s all changed with the latest iPad OS update. Apple gives users Scribble — the ability to hand-write in any field on the iPad and the iPad will turn handwriting into text, almost instantly. This is a serious tool.
A helpful tool to simplify complex scenarios for clients is the use of visual aids or flowcharts to demonstrate key portions of a will or trust. Particularly in a trust instrument, a diagram of how assets flow is often very helpful to clients and helps them understand things simply.
Prior to 2019, Hoosiers interested in creating a directed trust had to leave the state to do so. Now they do not, and Indiana banks and trust companies have a new product to offer customers and will be able to attract business from other states that still do not allow for directed trusts.
One alternative dispute resolution option to consider during the pandemic is expedited arbitration. Both the American Arbitration Association (AAA) and the International Institute for Conflict Prevention & Resolution (CPR) offer an “expedited” or “fast track” option for dispute resolution that truly accelerates the proceedings.
On Sept. 21, 2020, a whole new cohort of lawyers took the oath to practice law in Indiana. You have joined our profession in the strangest and least predictable year that any of us has seen. We welcome you into the bar with enthusiasm, high expectations and hope that our profession will soon return to a semblance of normal. This year more than ever you will need our support, guidance and patience as you get started.
The death of Supreme Court Justice Ruth Bader Ginsburg has been devasting to many, including me. She became only the second woman to serve on the court, and her reputation was legendary. In her memory, movie reviewer Bob Hammerle reprises his reviews of “RBG” and “On the Basis of Sex,” both released in 2018 and both of which should be required viewing for all law students.
Despite her personal achievements as a Supreme Court litigator and justice, Ruth Bader Ginsburg was quick to recognize that “the work of perfection is scarcely done. Many stains remain . . . [W]e still struggle to achieve greater understanding and appreciation of each other across racial, religious and socioeconomic lines.” But, again, these impediments were an opportunity for Justice Ginsburg to “strive to realize the ideal — to become a more perfect union.”
Because our parents (who have trouble with remote controls) are now officially on Facebook, we can safely assume that close to all attorneys are using social media. Using social media is simply an inexpensive and convenient way to get the word out about your law firm. However, there is an element of risk that comes along with an attorney’s use of social media. These risks were highlighted in July, when the Indiana Supreme Court Disciplinary Commission listed social media’s many “minefields.”
In the age of COVID-19, having a system that incentivizes employees to work while sick is not tenable. Most of the symptoms of COVID-19 overlap with the symptoms of illnesses such as strep throat, bronchitis, sinus infection and other viruses that are so common when the weather turns cold. As we well know, if an employee’s illness turns out to be COVID-19, working while sick could be a medical calamity or worse for a vulnerable coworker.
Few small cities or towns can claim to be the center or the impetus for a U.S. Supreme Court decision. However, Carter Lake, Iowa, with a population that has never eclipsed 4,000 people, can count no less than three.