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The Summation 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, 812-426-1712 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 www.evvbar.org 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 firstname.lastname@example.org. 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 email@example.com. TECHNOLOGY TIP OF 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 & firstname.lastname@example.org 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. email@example.com THANKS!! Congratulations to Lindsay Tooley Schmitt and husband on Thomas McClellan the birth of their daughter, Sophia Claire on February 22, 2011. Tom.firstname.lastname@example.org EBA - VLP - LSSI Annual Awards Luncheon April 13 - Noon Casino Aztar Conference Center - Walnut A MAKE YOUR RESERVATIONS TODAY! 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 CLASSIFIEDS: 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 * www.shredxmidwest.com . Page 4 Hon. Carl A. Heldt President 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. http://www.in.gov 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, http://www.ai.org, 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 email@example.com 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 firstname.lastname@example.org. 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 Rhymer • 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 Senn Mediation: Federal Magistrate Dinsmore, Tim Born, Edward Cost is $180 for EBA members, $270 for Non-Members; Johnson Register on-line at www.evvbar.org or with Cathy Martin email@example.com 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 www.evvbar.org or with Cathy Martin www.evvbar.org or with Cathy Martin firstname.lastname@example.org or at email@example.com 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 www.evvbar.org or with Cathy Martin at The Real Estate Section Presents firstname.lastname@example.org 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 www.evvbar.org or with Cathy Martin at email@example.com or 426-1712. www.evvbar.org or with Cathy Martin at firstname.lastname@example.org 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 amusing? 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. finish. 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 www.evvbar.org or contact Cathy Martin at the Defense Trial Counsel of Indiana. email@example.com 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 www.iclef.org. 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 UPCOMING ICLEF VIDEOS 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 www.iclef.org. RESERVATION FORM FOR EBA MINI-SEMINARS & ACTIVITIES: (You may also contact Cathy Martin at 426-1712, firstname.lastname@example.org.) (Do not use this form for video replays. To make reservations for video replays, call 317 637-9102, or go to www.iclef.org.) Event:___________________________________________________ Date_________________Cost_____________________ Event:___________________________________________________ Date_________________Cost_____________________ _______less 20% for VLP Certified 50 Hour Pro Bono Provider TOTAL ENCLOSED: $_____________________________ –or– Charge my MasterCard/Visa/Discover Card: Account No:_____________________________________Exp. Date:_________ Code Number ___________________Signature for Credit Card:________________________________________________ Name:________________________________________________________ Attorney Number__________________________ Phone:__________________________ Fax:________________________ E-Mail:___________________________________ MAIL TO: EVANSVILLE BAR ASSOCIATION, 401 SE 6th Street, Suite 101, EVANSVILLE IN 47713 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 email@example.com. YES, I WANT TO VOLUNTEER ! Name and Attorney No. _________________________________________________ Address: _____________________________________________________________ Telephone: __________________________ E-Mail: __________________________ Fax:________________________________ ____________ 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 firstname.lastname@example.org by Monday, March 7, 2011. THANK YOU!
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