Municipal Law Update, May 18

TOPICS:
 Public Finance & Economic Development
Public Purchasing & Bidding

Drones

Open Door Law & Access to Public Records

Land Use Issues – including discussion of digital signs & billboards, cell phone tower regulation, & other recent developments

Code Enforcement

Employment Law Issues

Public Safety & Public Employment Litigation

Ethics Matters In Municipal Law
_______________________________________

FACULTY:
Sue A. Beesley – Chair
Bingham Greenebaum Doll LLP, Indianapolis

Michael A. Blickman
Ice Miller LLP, Indianapolis

Luke H. Britt
Indiana Public Access Counselor, Indianapolis

Brenda K. DeVries
Bingham Greenebaum Doll LLP, Indianapolis

Bruce D. Donaldson
Barnes & Thornburg LLP, Indianapolis

Patrick R. Hess
Beckman Lawson, LLP, Fort Wayne

Kevin P. McGoff
Bingham Greenebaum Doll LLP, Indianapolis

Richard S. Pitts
Arlington / Roe & Co., Indianapolis

Liberty L. Roberts
Church Church Hittle & Antrim, Noblesville

Craig W. Wiley
Jackson Lewis LLP, Indianapolis
_______________________________________

6 CLE / 1 E – Wednesday, May 18
9:00 A.M. – 4:30 P.M.

LIVE GROUP WEBCASTS

Posted in News0 Comments

COA Affirms Trial Court Decision for Alternating Annual Custody

Case:In re the Marriage of R.E.F. v. A.M.A. f/k/a A.M.F. (mem. dec.)
by Mike Kohlhaas, Bingham Greenebaum Doll

I typically do not circulate memorandum decisions, but I considered this case to be interesting and notable. The Court of Appeals affirmed a trial court’s order that each parent would have sole legal custody on an alternating annual basis. The Court of Appeals rejected Father’s argument that the arrangement constituted in impermissible automatic change in custody, such as in Bojrab. The Court distinguished the instant case as being an automatic and scheduled change of custody, and not one that was dependent upon a future change in factual circumstances (e.g., if one parent decides to move out of state in the future.)

To view the text of this opinion in its entirety, click here: In re the Marriage of R.E.F. v. A.M.A. f/k/a A.M.F. (mem. dec.)

 

_________________________________________________________________________________

James A. Reed and Michael R. Kohlhaas of Bingham Greenebaum Doll represent clients in a wide spectrum of relationship transition and wealth planning matters, including premarital agreements, estate planning, cohabitation, separation, divorce (especially involving high net worth individuals and/or complex asset issues), custody, parenting arrangements, adoption, and domestic partnerships. Bingham Greenebaum Doll, a multidisciplinary law firm serving regional, national, and international clients, is the fourth-largest law firm in Indiana. The firm’s main practices include corporate, property, litigation, labor, government law, and personal services law. Visit the firm’s website at www.bgdlegal.com.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

Posted in Family Law Case Review0 Comments

4th Annual Reality CLE, May 5-6

A Unique Retreat for Attorneys That Drive in the Small Practice Lane as Well as Those New to the Practice of Law!

OVERVIEW:
We are excited to announce that the Reality CLE program is back for 2016 with fresh new content! Join your fellow small firm colleagues on May 5-6, 2016 at the Crowne Plaza Airport for two energized days packed with valuable information you can put immediately to use in your practice.

Affordable!
To help you manage your budget, ICLEF has again arranged a special low tuition rate for everyone, which includes lunch on the first day, refreshment break service throughout, printed and electronic materials for all sessions, 14 hours of CLE credit (including 2.25 hours towards ethics) and FREE parking.

_________________________________________________

TOPICS:
Banking and Form of Practice
* Business Structure and Type of Entity
* How to Share Space
* Types of Bank Accounts Needed
* Credit Card Processing
* Real Estate Issues for Law Firms
* Protecting Your Assets
* Other Resource Suggestions

* Opening & Running an Office on a Shoestring Budget – Successfully!

Advertising Your Practice
* Branding & Ethics
* Staying Connected with Clients & Referral Sources

* Social Media Presence – What Is Effective & Ethical?

Systems Part I – The Production Schedule and Processes
* Sample Office Manual
* Sample Engagement Letters
* How to Organize Work Flow & Your Day
* How to End a Working Relationship

* How to Effectively Use Assistants and Paralegals

How To Effectively Use Technology In Your Practice

Systems Part II – Recording Time & Collecting Fees
* Systems for Time and Billing
* Cash Flow and Payments from Clients
* Advanced Fees
* Communications with Client

* Billing online

Creating a Positive Client Experience – Communications and Beyond

Why is Professional Liability Insurance Worth It?

Golden Nuggets: Practice Ideas & Pointers of the last 12 Months.  A Reality CLE Tradition Not to be Missed!

_________________________________________________

BREAKOUT SESSIONS
Sessions I & II  (Select Two)
A. Family Law
B. Criminal Law

C. 10 Must-Have Employee Policies for the Small and Emerging Law Practice

Sessions III & IV  (Select Two)
E. Wills, Trusts & Estate Planning
F. Contracts Drafting, Structure and Analysis
G. The Business of Mediating
H. Creating the Client Experience
_________________________________________________
FACULTY:
Planning Team
Elizabeth A. Justice – Chair
Attorney at Law, Crawfordsville, IN
Rebecca W. Geyer
Rebecca W. Geyer & Associates, PC, Carmel, IN
F. Anthony Paganelli
Paganelli Law Group, Indianapolis, IN
Frederick W. Schultz
Greene & Schultz Trial Lawyers, Bloomington, IN

_________________________________________________

Rob Albright
Professional Sales and Business Trainer, Antmed, Inc., Indianapolis, IN
James J. Bell
Paganelli Law Group, Indianapolis, IN
Ryan H. Cassman
Coots, Henke & Wheeler, P.C., Carmel, IN
Jessie A. Cook
Law Office of Jessie A. Cook, Terre Haute, IN
Susan M. Hargrove
Horizon Bank, Carmel, IN
Jennifer J. Hawkins
Hawkins Law PC, Sullivan, IN
Hannah Kaufman Joseph
Katz & Korin, PC, Indianapolis, IN
Meghann E. LaBadie
Law Office of Meghann LaBadie, LLC, Highland, IN
Richard A. Mann
Richard A. Mann, P.C., Indianapolis, IN
Jennifer A. Ritman
Ritman & Associates, Inc., Noblesville, IN
Kimberly S. Robinson
Law Office of Kimberly S. Robinson, Indianapolis, IN
David L. Swider
Bose McKinney & Evans LLP, Indianapolis, IN
Reid F. Trautz
Firm Resolutions, Annandale, VA
Michael J. Trescone
Trescone Law Office, Bloomington, IN
Patrick H. Wanzer, CPA
Wanzer Financial, Indianapolis, IN
Paul J. Unger
Affinity Consulting Group, LLC, Columbus, OH

_________________________________________________

 
We express our sincerest thanks to the Indiana Bar Foundation & Wanzer Financial for their support of the Reality CLE program!

Posted in Sale/Featured Items0 Comments

Family Law Case Review: Custody of M.B.

Case: In Re the Custody of M.B. B/N/F S.C. and D.C. v. S.B. and S.W.
by Mike Kohlhaas, Bingham Greenebaum Doll

HELD: The Indiana Supreme Court holds that a third party who seeks to commence an independent child custody action may properly do so in circuit court but, if a CHINS case involving the child is already pending in juvenile court, the circuit court should generally stay its proceedings pending resolution of the CHINS proceeding.

FACTS AND PROCEDURAL HISTORY:
In 2014, DCS initiated CHINS proceedings in Posey County Juvenile Court with respect to Child. Several months later, Child’s paternal Aunt and Uncle filed, in Posey County Circuit Court, an independent custody action pursuant to Ind. Code 31-17-2-3-(2). However, the Circuit Court dismissed Aunt and Uncle’s action after concluding that, because the CHINS matter was already pending, Aunt and Uncle lacked standing to file their action and, further, the Circuit Court lacked subject matter jurisdiction to entertain it.

The Indiana Supreme Court vacated a Court of Appeals decision that had affirmed the trial court’s dismissal. Instead, the Supreme Court determined that Indiana Code 31-17-2-3(2) unquestionably conferred standing upon Aunt and Uncle to file their action.

In addition, the Court concluded that the 2011 revisions to Ind. Code 33-28-1-2 provided that “All circuit courts have . . . original and concurrent jurisdiction in all civil cases and in all criminal cases.” (Emphasis supplied.) Thus, the Circuit Court was conferred concurrent subject matter jurisdiction by statute.

However, the Court added that having subject matter jurisdiction is different from it being appropriate for the circuit court to exercise that subject matter jurisdiction. Citing case law, the Court observed that “courts of concurrent jurisdiction cannot exercise jurisdiction over the same subject at the same time, and [] where one of the courts acquires jurisdiction of the subject matter and its parties, it is vested with such jurisdiction to exclusion of the other until the final disposition of the case.” The Court underscored that an abstention from the exercise of jurisdiction is different from being divested of jurisdiction. The exercise is merely postponed.

When a third party custody action is filed in circuit court, while a CHINS matter is already pending in juvenile court, the circuit has subject matter jurisdiction, but should generally stay proceedings pending the resolution of the CHINS matter.

This case was reversed and remanded.

To view the text of this opinion in its entirety, click here: In Re the Custody of M.B. B/N/F S.C. and D.C. v. S.B. and S.W.

 

_________________________________________________________________________________

James A. Reed and Michael R. Kohlhaas of Bingham Greenebaum Doll represent clients in a wide spectrum of relationship transition and wealth planning matters, including premarital agreements, estate planning, cohabitation, separation, divorce (especially involving high net worth individuals and/or complex asset issues), custody, parenting arrangements, adoption, and domestic partnerships. Bingham Greenebaum Doll, a multidisciplinary law firm serving regional, national, and international clients, is the fourth-largest law firm in Indiana. The firm’s main practices include corporate, property, litigation, labor, government law, and personal services law. Visit the firm’s website at www.bgdlegal.com.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

Posted in Family Law Case Review0 Comments

Having trouble logging in?Visit our Support section.

Subscribe

Contact Us

ICLEF
230 East Ohio Street
Suite #300
Indianapolis, Indiana 46204
Phone: 317-637-9102
Fax: 317-633-8780
E-mail: iclef@iclef.org