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                                  March 2011                      The Monthly Newsletter of the Evansville Bar Association

                                  PRESIDENT’S MESSAGE                                                                  By Krista Lockyear

401 SE 6th Street, Suite 101                           March is Here – Time for Spring Cleaning
Evansville, IN 47713              As the weather starts to turn and the sound of birds chirping becomes more common,
                                  many homemakers begin to think about spring cleaning, commonly known as a top to
                                  bottom cleaning, dusting and airing out of a home. However, Wikipedia acknowledges                    that the practice is synonymous with any kind of heavy duty cleaning or organizing
                                  enterprise, and it may not be a bad practice for attorneys to engage in annually as well.
                                  For attorneys, spring cleaning can occur in a variety of ways:
Inside this issue:
                                  Physically clean the office. Try moving all those files that have sat on your desk or
                                  along the edges of your office for weeks or maybe months. If there is any dust, you
                                  allergies will certainly improve after you have shifted the files and given your office a thorough dusting.
EBA Board News 2
                                  Resolve the older files. Deal with any files that have been sitting too long. Whether they have been collecting
                                  dust mites because you are waiting for the client to get back to you for final review of documents, waiting for
                                  claims period to pass or other deadline, or simply waiting to be organized for storage, either deal with them
                                  yourself or delegate them to someone to handle.
Tech Tip                   2
                                  Update your forms files. Attorneys are like pack rats when it comes to forms. However, you may find that
                                  laws have changed and the older forms are merely taking up space in your file cabinet or hard drive. You may
                                  also find that you have several forms that are nearly identical. Review the forms, save the ones you like or are
                                  reasonably likely to use, and get rid of the rest of the clutter.
Around the Bar             3
                                  Update your Research. The periodicals and reporters are often easily stacked and forgotten. Go through
                                  these stacks and organize them. You may be ready to archive half the stack, and catch up on some of the more
                                  recent updates.
Section Meetings           3
                                  Update your Computer. While we get periodic downloads for new software updates, when is the last time
                                  you cleaned or updated your favorite links, or your desktop? With the rate of change occurring in technology,
                                  certain websites may be more helpful than those you are currently using, and some of your favorite links may no
                                  longer exist. The newest technology and web information can make your practice more thorough and efficient.
Articles                   4, 6
                                  Update your Contacts. If you regularly collect stacks of business cards, go through them and scan them, or
                                  enter them into your contact software.

                                  Don’t forget the Windows. Remember, spring is right around the corner, so get out the Windex so that
EBA CLE                    5, 6   when the sun begins warming our offices, the rays can shine through.

                                  Okay, after providing these suggestions, I must admit that I am an organizer by nature and heavily motivated by
                                  seasonal changes, especially after a cold nasty winter. However, knowing how much work all attorneys juggle, a
                                  little spring cleaning can’t hurt anyone! Have fun!
EBA Calendar               7
Page 2

                                    News From the EBA Board of Directors

                                             Call for Nominations
                             Interested in Serving on the EBA Board of Directors?
 The Mission of the Evansville Bar Association is to enhance the practice of law, cultivate professional excellence, promote high
 ethical standards and uphold the honor of the profession.

 The primary role of the EBA's Board of Directors is to set policy, oversee finances and determine the viability of programs and projects.
 To do this, a member of the Board of Directors is expected to:

 •    Attend Board meetings regularly and miss a Board meeting only for a very compelling reason.
 •    Attend with regularity EBA and Evansville Bar Foundation activities and social functions and positively consider donation or financial
     requests in keeping with personal capabilities.
 •    Promote the involvement of members of their firms in EBA activities and functions.
 •    Serve as a "Board Liaison" to at least one committee, section or program, providing leadership, direction and communication for
     and between the Board of Directors and the relevant group.
 •    Conscientiously review written material presented to them in their capacity as members of the Board of Directors.
 •    Be active in the affairs of the Evansville Bar Association and diligent in the performance of all duties during the term of office.

 If you are interested in serving on the EBA Board of Directors, please submit a letter of interest to the EBA
 Nominating Committee, 401 SE 6th Street, Suite 101, Evansville, IN 47713 or e-mail

 Please include: Name, number of years in practice, number of years as an EBA member, principal areas of practice,
 participation in EBA activities, committees, and Sections. The Letter should also include a statement as follows:

 “I understand the EBA's mission and Board responsibilities and would like to be considered by the EBA
 Nominating Committee to be presented for election by the membership to the EBA Board of Directors.”

 For more information contact Susan Vollmer at

                                                                           News From the VLP
          THE MONTH
                                                      By Judge Wayne S. Trockman and Judge Dean A. Sobecki
          Provided by Neil Chapman
                                              There is so much happening with VLP right now. As you know, with the reduction in
                                              budget, finances are very tight; however, Scott and Beverly have been working on some
Meet the New Blogs: Easier                    ideas to help reduce basic costs. They also have been working on ways to make certain
Than the Old Blogs                            long standing projects a little more efficient. One of the ideas they’ve been working on is
                                              to relocate our monthly talk to a lawyer clinic to the EBA office. Plans are being developed
                                              and costs determined so that the final decision on this can be made based on good
It started with Blogger, then                 business sense. Stay tuned for more information regarding this project as well as other
WordPress. But newer                          changes that may be coming.
products, like Posterous and                  On the other hand, Scott and Beverly tell us that volunteerism remains very high. They
Tumblr, make it even easier
                                              truly appreciate everyone stepping forward to help and being so supportive of them.
(and free!) to broadcast your                 Speaking of stepping forward to help, there is a flyer announcing the third Homeless
message. They work with                       Connect event taking place on March 16th. VLP has a booth at the event and needs
smartphones as well, so you can               volunteers to answer general legal questions asked by those attending the event. Please
post on the go.                               take a moment to review the flyer and your calendar. Volunteers are needed for 2 hour
                                              shifts but if you want to help and can only give an hour, sign up anyway. Forms are needed
                                              back in the VLP office by Monday, March 7th.

                                              Thank you, everyone for all that you do to make District 13 the best in the state.
    Page 3

                     Who’s Doing What?                                              AROUND THE BAR:                           Welcome to
Congratulations to Michele Bryant of Bamberger, Foreman,                              new EBA attorney member Katrina L. Perkins-
Oswald & Hahn who was recognized for her dedication to                                Williamson and new paralegal member, Morgan L.
helping women advance in the legal community at the Indiana                           Applegate. Please make the following changes and
                                                                      additions to your address book:
State Bar Association’s Annual Meeting.

Congratulations to Andrew Nestrick who was named partner
at Bamberger, Foreman, Oswald & Hahn.                                 Katrina L. Perkins-Williamson         PLEASE UPDATE YOUR
                                                                      5030 Katella Ave, Suite 216             RECORDS FOR THE
Congratulations to Sasha Armstrong who was named partner              Los Alamitos, CA 90720                    EBA ADDRESS:
at Kightlinger & Gray.                                                (562) 799-8567
                                                                      Fax (562) 799-8572                     401 SE 6th Street, Suite 101
Congratulations to Ross Rudolph of Rudolph, Fine, Porter &
                                                                                Evansville, IN 47713
Johnson who was selected to the 2011 Indiana Super Lawyers.
                                                                      Morgan Applegate                      Please make sure to notify all
Congratulations to Max Fiester and Joseph Langerak of                 Rudolph, Fine, Porter & Johnson       support staff that may pay
Rudolph, Fine, Porter & Johnson who were chosen as 2011 Rising                                              invoices, or register you for
                                                                      221 NW 5th Street
Stars by Indiana Super Lawyers.                                       PO Box 1507                           seminars as well. We are
                                                                      Evansville, IN 47708                  still getting lots of mail sent
Congratulations to Randall Craig, who was selected for                (812) 422-9444                        to the old address.
inclusion in the 2011 Best Lawyers in America in the specialty of
                                                                      Fax (812) 421-7459
Trusts and Estates.                                                                            THANKS!!
Congratulations to Lindsay Tooley Schmitt and husband on
                                                                      Thomas McClellan
the birth of their daughter, Sophia Claire on February 22, 2011.

                    EBA - VLP - LSSI
               Annual Awards Luncheon
                    April 13 - Noon
       Casino Aztar Conference Center - Walnut A

The Doran Perdue Service Award, Florence Britzius Legal
Secretary Award, EBA Outstanding Paralegal Award and Susan K.
Helfrich Award for Excellence in Pro Bono Service Award will be
given to this year’s recipients at this luncheon. Please bring your
legal support staff to enjoy this wonderful event. Cost is $15.

                         Sponsored By:

         March Section/Committee Meetings
•    Family Law Section Meeting - Tuesday, March 1, Noon -
     Riverview by Firefly Blue and Gold Room
•    Solo/Small Firm Section Meeting - Wednesday,
     March 9, Noon - EBA Office
•    Diveristy Outreach Sub-Committee - Tuesday, March
     29, Noon - Judge Hussmann’s Chambers


SHREDX— Confidential Document Destruction * NAID
Member, NAID AAA Certified * HIPPA-FALTA Compliant *
Locally Owned * Locally Certified Women Business Enterprise *
Purges, Scheduled or “Will Call” Pick ups * Free Locked Con-
tainers * 866-423-6670 * Evansville * .
                                                                                                                                              Page 4

                                                    Hon. Carl A. Heldt
             Restoration Progress Right on Track
Krista Lockyear and I have been attending bi-weekly progress meetings
for the restoration of the Old Superior Courtroom. Construction is
nearly complete and the fully restored “Randall T. Shepard
Courtroom” will be unveiled and dedicated at the EBA 100th
Anniversary Celebration on April 29, 2011. It is my hope that every
EBA member will plan to attend this historic occasion.

                                                                                        Law Day 2011 Activity Plans Underway

                                                                               April 28, 2011: Mock Trials and Student Lunch: Clay Havill
                                                                               with vice-chair Yvette LaPlante, is managing the mock trials this year.
                                                                               They will be checking with the Young Lawyers for attorney advisors and
                                                                               seeking judges to serve for the mock trials. Heather Lacy and
                          WHAT’S NEW @ THE LAW LIBRARY?                        Jennifer Elston are co-chairing the student lunch this year, which will
                           By: Helen Reed                                      offer the ever-popular game show format.

                                                                               April 29, 2011: Law Day Celebration to Commemorate the
                          Spotlight on Indiana State Web Resources             EBA 100 Year Anniversary: The co-chairs of the Law Day
                                                                               Celebration, Shannon Frank, Jim Casey and Katie Worman have a
                                                                               fantastic event planned. Be sure to mark your calendars now . I promise
                                                                               you DO NOT WANT TO MISS THIS!!
All Indiana citizens can be proud of their award-winning state
government web site. is a portal which leads to a
great deal of useful information for attorneys, courts, businesses,
students, and the general public. Originally known as Access Indiana (its
alternate web address,, is still functional), this site is
now available and searchable on all of the Law Library’s computers. In                            INFORMATION WANTED!!
just the past week, library customers have used the site to retrieve           Legal Secretaries of Southwestern Indiana will be offering a training course
unpublished Indiana court opinions and to locate legislative information       later this year and would like some input from attorneys and legal
not available in print. If you aren’t in the library, you can always call or   secretaries to find out what would interest and benefit support staff the
email to request printouts. Requests are generally filled the day they         most. Would you be interested in a general basic training course, which
are received.                                                                  would touch on Ethics, Office Procedure, Corporate, Criminal, Estate
                                                                               Planning, Family Law, Litigation, Probate, and Real Estate for legal
For more information, please call 812-435-5175 or send email to                secretaries? Or possibly focus on just a couple of the specific areas in                                                          particular? How about Bankruptcy/Federal Case filings? Please let us know
                                                                               what best fits the educational needs of your legal support staff. Please
                                                                               send responses to Jennifer Beard at
            2011 Dialogue Between                                              The CLE Committee presents the Award Winning Seminar
                                                                                               Children and the Law
              the Bench and Bar                                                                           6 CLE
               3.5 CLE/.5 Ethics/                                                                   Thursday, March 31
     1 CME - available for Mediation Session                                                         8:30AM - 4:00PM
                                                                                                        EBA Office
              Thursday, March 17
               8:30AM - 1:15PM                                             Topics and Speakers Include:
        Casino Aztar Conference Center                                     • The Child Witness (Finding Words Technique, Direct Examination,
                                                                               Cross Examination) Susan Wilkie and Glenn Grampp

Keynote Speaker: G. Michael Witte, Executive Secretary of                  •    The Child in Bodily Injury Case (Theories and Damages and
           the Indiana Disciplinary Commission                                  Guardianships in Minor Settlements) Dan Barfield and Rebecca

                                                                           •    Delinquency Proceedings Bob Carithers and Julie Fox
Topics and Speakers Include:
                                                                           •    School Proceedings (Privacy Requirements, Due Process
Trial Practice: Judge Young, Judge Kiely                                        Procedures) Pat Shoulders

Family Law Matters: Judge Lloyd, Judge Alysworth and                       •    Remedies to Help Kids in Crisis (CHINS, Guardianships or
Magistrate Corcoran                                                             Change in Custody) Mary Jane Humphrey, Kevin Gibson and Garvin
Mediation: Federal Magistrate Dinsmore, Tim Born, Edward
                                                                           Cost is $180 for EBA members, $270 for Non-Members;
Johnson                                                                    Register on-line at or with Cathy Martin
                                                                  or 426-1712.
Discovery Issues: Privilege Logs, Agreed Protective
Orders, E-Discovery: Federal Magistrate Dinsmore, Char-
                                                                                             The Young Lawyer Section Presents
lie Berger, Lane Siesky                                                                             A Lunch and Learn
                                                                                                    Brawn Bag Series:
Motion Practice: Judge Heldt, Jim Johnson, Shawn Sullivan
                                                                                             Criminal Law 101 (with forms)
Motion to Supress: The Incredibly Shrinking 4th                                                         1 CLE
                                                                                                    March 18, 2011
Amendment: Judge Pigman, Judge Almon, Mark Foster                                                 Noon - EBA Office
                                                                           Speakers Marcy Day and Krista Hamby Weiberg will walk attendees
Cost is $150 for EBA members, $210 for Non-Members                         through basic criminal law procedures. Cost is $25 for EBA members, $40
(breakfast and lunch included); Register on-line at                        for Non-members; Register on-line at or with Cathy Martin or with Cathy Martin or                    at or 426-1712.

426-1712.                                                                  **************************************************************************

                       Generously Underwritten By:
                                                                                    The Ethics of Non-Profit Board Service:
                                                                            What every lawyer should know before advising or serving
                                                                                       on a non-profit board of directors
                                                                                                 1CLE/1 Ethics
                                                                                                  April 1, 2011
                                                                                              Noon - EBA Office

                                                                           Speaker Scott Wylie; Cost is $25 for EBA members, $40 for Non-
                                                                           members; Register on-line at or with Cathy Martin at
                      The Real Estate Section Presents            or 426-1712.
          Proper Foreclosure Procedures in Light of
         Recent Indiana Statutes and National Trends                       **************************************************************************

                                  1 CLE,                                                   Small Claims/Collections Update
                                                                                                       1 CLE
                            March 11, 2011
                                                                                                    April 15, 2011
                          Noon - EBA Office                                                       Noon - EBA Office

                                                                           Speakers Hon. Jeff Tornatta and Terry Smallwood will wall attendees
Speaker Joe Langerak, Cost is $25 for Real Property Section Members, $30   through the new procedures in the Vanderburgh Small Claims Court.
for EBA members and $45 for Non-Members; Register on-line at
                                                                           Cost is $25 for EBA members, $40 for Non-members; Register on-line at or with Cathy Martin at or 426-1712.
                                                                  or with Cathy Martin at or 426-1712.
                                                                                                                A Happy Lawyer?
                                                                                   By: Michele Bryant, Bamberger, Foreman, Oswald & Hahn

                                                                                   A “happy lawyer”? Do you know any such creature? By coincidence (or
                                                                                   maybe not), two recent random events caused me to consider this question
                                                                                   of all things in the middle of this long winter season.

                                                                                   Our local bar association recently held its annual luncheon honoring lawyers
                                                                                   in practice for 50 years and welcoming the new lawyers who arrived in the
                                                                                   last year. Some might perceive this as something of a terrifying experience
                                                                                   for both; the new lawyers catching a glimpse of what they might become
                                                                                   over the next five decades and the experienced lawyers a little apprehensive
                                                                                   about challenges from the spring chickens.

                                                                                   On the heels of this luncheon, I came across reviews of a new book entitled
                                                                                   The Happy Lawyer: Making a Good Life in the Law by Nancy Levit and
                                                                                   Douglas O. Linder. I began to wonder if there is such a thing as a “happy
                                                                                   lawyer”. I wonder if the fellows in practice for 50 years were “happy
                                                                                   lawyers”. I began to consider whether the practice of law contributes to
                                                                                   our happiness or is a barrier to happiness.

                                                                                   The book reminds us of some not so nice statistics about being a lawyer.
                                                                                   Some studies report that more than 70% of practicing lawyers would not do
                                                                                   it all over again if given the choice. At least half of us would discourage our
                                                                                   children from entering into the legal profession. We all know that the rates
                                                                                   of depression and suicide for lawyers exceed those of most other
                                                                                   professions. If lawyers represent the best and the brightest (at least we
                                                                                   choose to think so), why do we find the notion of a “happy lawyer” so

                                                                                   The pursuit of happiness is not just a right fought for by our Founding
                                                                                   Fathers. The power of positive psychology is such a hot topic that recently
                                                                                   the most popular class at Harvard University was not Introduction to
                                                                                   Economics, but rather Positive Psychology taught by Dr. Tal Ben-Shahar.
                                                                                   Over 800 students piled into the lecture hall hoping to learn the secret to
                     EBA Commercial Law Section Presents
                         Insurance Law Update                                      being happy.
                                 1CLE                                              What seem to be the keys for lawyers? The Happy Lawyer offers many
                             April 7 - Noon                                        pointers. Managing expectations is a big deal. Much of our dissatisfaction,
                               EBA Office                                          i.e. lack of happiness, appears to stem from reality falling short of
                                                                                   expectations. A popular country music song reminds us that joy might
Speaker Max Fiester will analyze the Indiana Supreme Court’s decision in           come not from having what we want, but from wanting what we have.
Sheehan Constr. Co., Inc. v. Continental Cas. Co. (2010) and explain how
it could impact anyone who has, or seeks recovery from, a Commercial               When the five-generation lawyers were asked at our bar association
General Liability insurance policy.                                                luncheon to reminisce on their careers, there was one strikingly consistent
                                                                                   theme. None of them spoke of big trial wins or high profile cases they had
Speaker Lane Siesky will discuss the intersection between negligent                handled. Instead, each of them reflected on the civility and camaraderie of
infliction of emotional distress claims and uninsured motorist coverage            the lawyers in our Evansville Bar Association and how much this had meant
including: The history of negligent infliction of emotional distress (NIED)        to them over the years. The new lawyers were then asked to introduce
claims in Indiana; the key policy language for uninsured motorist claims           themselves and to identify the charity or service organization with which
involving NIED; and a plaintiff’s perspective to handling NIED claims – start to   they intended to be involved.
                                                                                   The bar association luncheon was a real life example of several “happiness”
Cost is $25 for Commercial Law Section members, $30 for EBA members                lessons discussed in the book. Lawyers who remain in the profession tend
and $45 for Non-members.                                                           to get happier over time, presumably because experience and skill
                                                                                   development tend to lead to a greater professional comfort level. We also
                                                                                   find satisfaction and meaning in serving others and contributing to the public
                     EBA Commercial Law Section Presents                           good. Finally, the people around us make a difference. Enduring friendships
        ANNUAL “BREAKFAST WITH THE JUDGE”                                          and a pleasant working environment can help us as lawyers rise above the
                      April 20 - 8:00 AM                                           daily grind of legal work. “Civility” is not just a politically correct notion. It
                              1 CLE                                                is a meaningful gift we can give to each other that, at least for a few of my
        Riverview by Firefly, ONB Blue and Gold Room                               colleagues, can last a lifetime.

The annual “Breakfast with the Judge,” featuring the Hon. Basil Lorch, III,
will be presented by the Commercial Law Section on Wednesday, April 20,
                                                                                   *This article was first published in the Defense Trial Counsel of Indiana’s
7:45 AM Registration, 8:00 Start. The 1 CLE hour program is $30 for                section of the Indiana Lawyer (Feb. 16, 2011). Reprinted with permission of
Commercial Law Section Members, $35 for EBA members and $50 for Non-
members. Register on-line at or contact Cathy Martin at             the Defense Trial Counsel of Indiana. or 426-1712.
                                                                 MARCH CALENDAR
                    Reservations for all ICLEF video replay seminars must be made through ICLEF in Indianapolis. Call (317) 637-9102, or go to
           Walk-ins will be accommodated on a space available basis only. Please check with the EBA office to confirm the
                    availability of space and books if you plan to walk in. Final content, including CLE and Ethics Hours, is controlled by ICLEF and
                    should be verified with that organization.

03/01              Family Law Section Meeting, Noon - Riverview by Firefly at ONB
03/03              Talk-to-a-Lawyer, 4:30PM - The Court Building, 123 NW 4th Street, Suite 20
03/07              Law Day Planning Committee Meeting, 11:00AM - EBA Office
03/09              Solo/Small Firm Section Meeting, Noon - EBA Office
03/10              EBA Board of Directors Meeting, 11:30AM - EBA Office
03/11              Proper Foreclosure Procedures in Light of Recent Indiana Statutes and National Trends 1 CLE. Noon -
                   EBA Office
03/17              2011 Dialogue Between the Bench and Bar, 8:30AM - Casino Aztar Conference Center
03/18              Criminal Law 101 1 CLE, Noon - EBA Office
03/31              Children in the Law 6 CLE, 8:30AM - EBA Office


03/01    The New Advertising Rules
03/08    Business Litigation
03/15    The ESOP Opportunity
03/22    The Complexities of UCC Article 9 Simplified

To verify credits for the above ICLEF video replays, please contact ICLEF at (317) 637-9102 or visit

RESERVATION FORM FOR EBA MINI-SEMINARS & ACTIVITIES: (You may also contact Cathy Martin at 426-1712,
(Do not use this form for video replays. To make reservations for video replays, call 317 637-9102, or go to

Event:___________________________________________________ Date_________________Cost_____________________
Event:___________________________________________________ Date_________________Cost_____________________

_______less 20% for VLP Certified 50 Hour Pro Bono Provider TOTAL ENCLOSED: $_____________________________
Charge my MasterCard/Visa/Discover Card: Account No:_____________________________________Exp. Date:_________
Code Number ___________________Signature for Credit Card:________________________________________________
Name:________________________________________________________ Attorney Number__________________________
Phone:__________________________ Fax:________________________ E-Mail:___________________________________

                                    HOMELESS CONNECT – TALK TO A LAWYER
                                               MARCH 16, 2011

“As long as a man is handicapped before the bar of justice because of his poverty, our task as lawyers is not done.” Robert Kennedy

Vanderburgh County is hosting its third Homeless Connect event on March 16, 2011 at The Centre in downtown
Evansville. Those individuals who are homeless or near homeless have an opportunity to be served by local, regional and
statewide agencies on one day at one location. VLP has participated in the two prior events and will be participating this
year, also. But, we need your help.

Please volunteer for one of the available time periods. Just complete the form below and return it to VLP by fax at 434-4889
or email at

                                                YES, I WANT TO VOLUNTEER !

Name and Attorney No. _________________________________________________

Address: _____________________________________________________________

Telephone: __________________________ E-Mail: __________________________


____________ 9:30 a.m. to 11:00 a.m.              __________ 1:00 p.m. to 3:00 p.m.

____________ 11:00 a.m. to 1:00 p.m.

        Confirmation will be sent with times and final details.

        Send completed form via fax to 434-4880 or email at by Monday, March 7, 2011.

                                                          THANK YOU!

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