In assessing workplace violence situations, there are clearly certain occupations where the risk of aggression is higher. Even though the risk of workplace violence exists in many different vocations, there are some proactive approaches that employers can and should use to minimize the risk.
When my colleagues first expressed a vision for healthier lawyers — not merely helping those already struggling with addiction and mental health diagnoses, but helping all lawyers to thrive — some laughed. Someone even suggested to me that the title for a presentation I was giving should be “Is Lawyer Well-Being an Oxymoron?”
Billionaire investor Warren Buffett has said the main quality he looks for when considering an investment in a company is “an enduring competitive advantage.” There are a lot of elements that make up a competitive advantage. Very simply put, it’s your point of differentiation between your firm and your competitors.
The task of teaching a new lawyer to cultivate clients should not fall solely on the shoulders of the young lawyer. Firms need to provide financial support, mentoring and a strategy for the lawyers they hire. However, it is a two-way street. Young lawyers need to step forward and be strategic themselves.
Premortem validation may be a useful tool for any testator or settlor who suspects her will or trust will be challenged after her death. By implementing the premortem validation procedures, the testator or settlor can ensure a contest action will be brought while she is alive to defend her capacity and likely deter a meritless challenge.
Being diagnosed in middle age with a “childhood” affliction can set off a range of challenges. Jane Smith (who requested I not use her real name) is an attorney with attention deficit disorder.
Movie reviewer Robert Hammerle says Renee Zellweger gives an impressive performance in the depressing Judy Garland biopic “Judy,” but a documentary on iconic pop singer Linda Rondstadt left him singing a happier tune. Meantime, “Hustlers” features a diva of more recent generation — Jennifer Lopez — in a takedown of Wall Street avarice.
You can mark your calendars now: in about a year, attorneys across Indiana will be getting frantic calls from untold numbers of people who are suddenly unable to fly on an airplane. The cause of this commotion will be the Real ID law, set to finally take full effect Oct. 1, 2020.
Estate planning clients, typically those nearing or beyond retirement, often ask what kind of information they should share during life with the beneficiaries of their estate. If one child will be treated differently than others, how should they address it, if at all? Should they disclose the fact that an inheritance is likely?
One of our strongest tools to hold bad actors accountable in the central Indiana housing market has been the disparate impact rule. However, the recent proposed rule issued by this administration, if enacted, would establish an onerous five-step process that would clearly preclude most from bringing future legal challenges that contain disparate impact claims.
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My DTCI board term is about to expire. It has been particularly rewarding to lend a voice from the northwestern part of the state as a member of the board of directors. Thus, I want to take the opportunity to reflect upon many grateful memories of being on the DTCI Board of Directors.
Recently, Apple released the latest version of its iPhone operating system, iOS 13 (iPad software is coming soon). Each year, the software gets better when it comes to entering text, which is the key to getting stuff done on your phone. Apple does not disappoint with iOS 13, offering two features that have been around for a while, but continue to get better: Voice Control and swipe keyboard (QuickPath).
Movie reviewer Robert Hammerle finds big rewards in two lesser-known films — “Brittany Runs a Marathon” and “Official Secrets.”
Mediation results in a settlement more than 85% of the time. However, getting to “yes” is hard work — especially for the mediator. While we lawyers do a great job of advocating in mediation, we could do more to make the process more productive, and perhaps improve the likelihood of settlement, by focusing on developing the mediator’s agenda in advance of mediation.
Mediators must always remain independent in resolving disputes between widely disparate views and interests. However, mediators evaluate cases to some degree when facilitating settlement discussions between parties. The mediator must tread lightly when the issue of his or her evaluation is broached by one of the parties.
Who is responsible for law practice succession planning? I suggest that all of us in the Indiana bar have roles to play, especially those of us closer to the end of our legal careers. So far this year, I have met with several senior attorneys who want to develop and implement succession plans for their law practices.
Lawyers are fixers. We fix things other people have messed up. So, obviously, we like to project a persona that is not in need of fixing. We hold ourselves to a high standard to get new clients, bill more hours, finish an opinion, bring that next charge, defend the next client … always perfectly. And that’s the crux. Because, of course, we are not perfect. But that desire to be so affects our wellness and can lead to substance use disorder, anxiety, depression and grief.
Effective Dec. 1, a package of federal rule changes is scheduled to go into effect. Per federal statute, the amendments apply to cases filed on or after Dec. 1, and otherwise to existing cases to the extent just and practicable.
When a client in a personal injury case decides to not claim the cost of medical care, you should file a motion in limine to exclude the cost.