How to Become a Published Author or Represent One, Thursday, April 6

Everyone has a story to tell; everyone wants to write a book; everyone dreams of being published. But most aspiring authors have no idea how to do so, or attempt to publish without knowledge of the proper way to proceed. Without this knowledge, they give up, become disillusioned, or, if they are offered a publishing contract, find themselves without competent legal representation to protect them.

Attorneys aspiring to write and be published, or those who intend to represent clients with the same vision, will receive up-to-date practical advice regarding the publishing process through How To Become A Published Author or Represent One from Mark Shaw, a California attorney and author of 20+ books and counting.

What Past Attendees Are Saying About the Program:
“Excellent Topic…Great Insight Provided”
– Dennis, Indianapolis

“One of the Best Seminars Yet”
– Cheryl, Indianapolis

“Very Well Done…Interesting…Good Practical Advise”
– Dennis, Newburgh

“Excellent Program”
– Therese, Indianapolis

“Tied for the Best Seminar I’ve Ever Attended”
Anonymous

“Very Practical Approach with Good Detail”
– Brett, Indianapolis

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TOPICS:
* How to choose a book concept with publishing potential.

* Tips about writing skills necessary to be published.

* A Roadmap of the Publishing Industry including the difference Between Traditional Publishers, Subsidy Publishers, Print-On-Demand, Internet/Traditional Self-Publishing, and e-book publishing.

* How an Aspiring Author may locate legitimate Literary Agents and Publishers.

* Should an Author Submit a Manuscript or Query Letter/Book Proposal to Literary Agents and Publishers?

* What are the Components of a Professionally Written Query Letter and Book Proposal?

* What is the Outline of a Contract Between an Author and a Literary Agent or Publisher?

* How can the Author or the Attorney Representing an Author Protect Against Unfair Advances, Royalties, Restrictions on Future Publications, Promotion Clauses Requiring Author Contributions, and so forth?

* What Reference Sources should the Attorney consult so as to Properly Advise a Literary Client?

* Copyright Law – How to Protect Your Intellectual Property
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FACULTY:
Mark Shaw, a member of the California Bar and the American Society of Journalists and Authors, is a former criminal defense lawyer in Indiana, legal analyst for USA Today, ESPN, and CNN for the Mike Tyson, O.J. Simpson and Kobe Bryant trials and the author of 25 books including How To Become a Published Author: Idea to Publication and his latest, The Reporter Who Knew Too Much: The Mysterious Death of What’s My Line TV Star and Media Icon Dorothy Kilgallen. More about Mr. Shaw, who has guided the publishing efforts of hundreds of aspiring authors around the globe, may be learned at markshawbooks.com and thereporterwhoknewtoomuch.com.

Brian J. McGinnis is an attorney with Barnes & Thornburg LLP where he is a member of the firm’s Intellectual Property Department and the Internet and Technology Law Group.

Megan M. Mulford is a partner with Bose McKinney & Evans LLP in the firm’s Intellectual Property Group and the Sports, Entertainment and Media Group, focusing her practice on copyright, trademark and right of publicity matters and intellectual property agreements.
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Each attendee of the live seminar will receive a copy of Mark’s book:
“How to Become a Published Author: Idea to Publication”
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HOW TO BECOME A PUBLISHED AUTHOR OR REPRESENT ONE
A National Speaker Seminar
6 CLE – Thursday, April 6; 9:00 A.M. – 4:30 P.M.
ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Civil & Family Mediation 40 Hour Courses Announced for 2017

Civil and Family 40 hour mediation courses provide an excellent learning environment with practical experience in mediation. Each program has a professional & informative approach to the psychological, legal and business aspects of mediation. These courses provide the 40 hour instruction certified as appropriate for mediation training by the Indiana Commission for Continuing Legal Education under the Indiana Trial Rule – ADR.

The Family to Civil Crossover Training provides 16 crossover hours as well as 9 CLE hours and 3 Ethics hours and is designed for those that have already attended and completed an earlier Family Mediation Training session and now wish to complete the Civil Mediation Training.

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CIVIL MEDIATION TRAINING
June 21-25, 2017 –  24 CLE / 6 E   (40 Civil Med. Hours)
Limited to 42 participants!
LIVE IN-PERSON ONLY! – ICLEF Conference Facility, Indianapolis

FAMILY TO CIVIL CROSSOVER TRAINING
June 21-23, 2017  –  9 CLE / 3 E   (16 Med. Crossover Hours)
Limited to 6 participants!
LIVE IN-PERSON ONLY! – ICLEF Conference Facility, Indianapolis

FAMILY MEDIATION TRAINING
August 9-13, 2017  –  24 CLE / 6 E    (40 Fam. Med. Hours)
Limited to 42 participants!
LIVE IN-PERSON ONLY!  ICLEF Conference Facility, Indianapolis

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FACULTY:

W. DOUGLAS LEMON
Attorney at Law – Mediator
MINER & LEMON LLP, Warsaw

W. Douglas Lemon was admitted before the Indiana State Bar in 1995, as well as the U.S. Northern and Southern District Courts. Memberships include the Indiana State Bar Association and the Kosciusko County Bar Association. Mr. Lemon graduated from Hanover College (BA) in 1992 and received his JD from the Indiana University School of Law (Bloomington) in 1995. In a career spanning more than 20 years, Mr. Lemon has built a wide-ranging and diverse practice including: insurance defense, plaintiff’s litigation, criminal defense, estate planning and probate, real estate transactions, guardianships and adoptions, family law, business development, and juvenile law. Since completing the Civil Mediation Training course in 2008, Mr. Lemon’s practice has increasingly concentrated on both civil and domestic mediation, and he has served as a frequent Assistant Trainer in subsequent courses.

In addition to pursuing his law practice, Mr. Lemon attended Grace Seminary in Winona Lake, Indiana from 2003-2005 and has been serving as the Senior Pastor of Oak Grove Community Church (Warsaw) since 2005.

HON. TERRY C. SHEWMAKER
Senior Judge, Mediator

Terry C. Shewmaker practiced law for over 23 years serving as a civil attorney as well as a deputy prosecuting attorney. Thereafter he served 18 years as the elected Judge of Elkhart Circuit Court. He handled thousands of cases including tort claims, mortgage foreclosures, domestic relations, and commercial litigation, along with criminal cases. Judge Shewmaker is certified as a Senior Judge and registered mediator.

JOY L. COLWELL
Attorney at Law – Mediator, Lake County

Joy L. Colwell is trained in both civil and family mediation. In addition to writing the manual used in this seminar, she has been training with Thomas R. Lemon since 1994. Her background also includes general legal practice as well as litigation experience. Ms. Colwell was admitted to the Indiana Bar in 1984 and the Illinois Bar in 1988. She is a graduate of Indiana University, B.A., 1980; Indiana University School of Law, Bloomington, J.D., 1984 (cum laude). She has also taught such subjects as Dispute Resolution and Negotiations.

CAROLINE GILCHRIST
Attorney at Law – Mediator
Baker & Gilchrist LLC, Avon & Indianapolis

Caroline Gilchrist is a partner in the firm of Baker & Gilchrist, with offices in Avon and Indianapolis. She first became interested in mediation in 1987 when she completed the forty-hour family law mediation training program. She has been a mediator for the Indiana Special Education Mediation Services. She has been trained as a civil mediator since 1993. Ms. Gilchrist received her undergraduate degree from Ball State University and graduated from the Indiana University School of Law, Bloomington, Indiana, in 1982. The focus of her law practice is mediation and litigation, specifically, family law, medical malpractice and personal injury. She has served on the Family Law Executive Committee of the Indianapolis Bar Association for a number of years and was chairperson in 1995. She is co-chairperson of the mediation subcommittee of the family law section of the Indiana State Bar Association. She has participated in “Settlement Week,” and has spoken in a variety of seminars regarding the subject of mediation.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Are Clients Satisfied with Your Legal Services? Are You Sure?

By Cynthia Sharp, The Sharper Lawyer

When is the last time you asked a client if he or she was happy with your relationship? Hopefully, you have kept your finger on that pulse throughout the course of representation. Upon completion of a legal matter, you have a chance to gather information through use of a survey. Your firm’s “file closing process should include sending a survey to each client. There are a number of online survey tools that can be used; however, any practitioner can begin surveying clients today by using the template provided below.

While implementing the process takes a little extra work and you may even want to remain in blissful ignorance, your firm (and ultimately clients) stand to benefit because you have the opportunity to:

  • Improve Service – Soliciting client feedback keeps you apprised of issues that can be addressed by you to improve the client’s experience.
  • Address Concern or Complaint – The adage “If you like our services – tell others and if you don’t like it – tell us” applies particularly to law firms.  If a client indicates dissatisfaction, pick up the phone IMMEDIATELY and address the problem.
  • Compliment Staff Members – When a client praises one of your staff, pass on the compliment – publicly.
  • Remind Clients Why They Like You – As the client answers the questions, they will (hopefully) convey positive feelings — which will be reinforced during the process.
  • Ask for Referrals – Clients who like you are thrilled to pass your name onto their friends, colleagues and family members.  At the very least, the client may provide additional names for your database list.

Feel free to use the following template for your client satisfaction survey:

CLIENT SATISFACTION SURVEY
Establishing and maintaining strong relationships with our clients is one of our paramount concerns. We rely on feedback from our clients to identify where we are strong and where we need improvement.  We would appreciate it if you would take a few minutes to answer these few questions.

  • What was your first impression of the firm? Did you find the reception area and office atmosphere pleasant?
  • Were you greeted warmly by the receptionist whenever you called or visited the firm?
  • Was the attorney or staff member on time for your appointments?
  • Did you feel comfortable during your first in-person meeting?
  • Were you kept up to date on the status of your case?
  • Did your attorney answer your questions to your satisfaction?
  • Were your telephone calls returned promptly?
  • What do you believe is our firm’s biggest strength?
  • What do you believe is the area we need the most improvement on?
  • Were you ever surprised by the amount of an invoice received from our firm?
  • What are the 2 ways we could better serve you?
  • Would you recommend your friends, relatives or colleagues to hire us?
  • Are they any other comments, suggestions, complaints, or concerns you would like to voice?
  • Would you like to discuss any further issues with your attorney?  Were there unanswered questions or aspects of the matter that you don’t understand?

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If you found this information to be useful in your practice, you won’t want to miss the upcoming CLE seminars presented by Cynthia Sharp on Friday, March 10th !

Cynthia will be presenting Strategies for Taking Charge of Your Law Practice & The Lawyer’s Guide to Ethical Business Development at the ICLEF Conference Facility, Indianapolis.

 

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Avoid the Problem of Unintended Representation

By Cynthia Sharp, The Sharper Lawyer

Attorney client relationships are still by and large developed in the traditional manner – in person and in an attorney’s office. However, prospective client relationships and the accompanying obligations set forth in Indiana Rule of Professional Conduct 1.18 also may now arise via e-mail, websites and other electronic means. An attorney’s duty to a prospective client includes maintaining confidentiality, avoiding conflicts and pursuing the case.

In recognition of the potential that an attorney/client relationship may be formed without an in person meeting, the ABA House of Delegates amended Model Rule of Professional Conduct (MRPC) 1.18 (a) in August of 2012 to provide:   “A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client.”

Comment 2 outlines the factors to consider in determining whether a communication (electronic, oral, written, in person or otherwise) constitutes a consultation and gives rise to ethical duties:

  • Whether the lawyer encouraged or solicited inquiries about a proposed representation (as opposed to just posting general information on the website);
  • Whether the person encountered any warnings or cautionary statements that were intended to limit, condition, waive or disclaim the lawyer’s obligations;
  • Whether those warnings or cautionary statements were clear and reasonably understandable
  • Whether the lawyer acted or communicated in a manner that was contrary to the warnings or cautionary statements

Attorney websites inviting inquiries from potential clients need to have a disclaimer posted adjacent to the inquiry form; otherwise, the problem of unintended representation may arise. As a matter of curiosity, I randomly reviewed websites of 5 Indiana law firms and found 4 of them to be deficient in this regard. (Don’t despair – it seems that the majority of smaller firms nationwide haven’t yet posted protective language.) Take a look at your inquiry form and if it does not have a disclaimer, feel free to use the following language:

Sample Disclaimer for Inquiry Forms on Websites:

“The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.”

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If you found this information to be useful in your practice, you won’t want to miss the upcoming CLE seminars presented by Cynthia Sharp on Friday, March 10th !

Cynthia will be presenting Strategies for Taking Charge of Your Law Practice & The Lawyer’s Guide to Ethical Business Development at the ICLEF Conference Facility, Indianapolis.

 

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