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Excellence in CLE Award Recipients

ICLEF would like to recognize the efforts of several extraordinary people. These individuals received the highest award of achievement ICLEF bestows to those who have committed their efforts to our distinct mission as Indiana’s premier provider of CLE – The “Excellence in Continuing Legal Education Award.”

The list of past recipients of the Excellence in CLE Award reflects some of the best and most dedicated to our profession including:
• Former Chief Justice Randall Sheperd
• Indiana Court of Appeals Judge Melissa May
• Muncie attorney Bob Beasley
• Arlington & Roe Vice President Rick Pitts
• Nationally recognized family law attorney Andy Mallor

These Excellence in CLE recipients belong in this elite group for their tireless and committed efforts to ICLEF and their limitless enthusiasm to continuing legal education. We are honored to call you friends and colleagues.

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MaryEllen Bishop
MaryEllen Bishop has been a long time friend of ICLEF and has served and continues to serve this organization through her efforts as both a faculty member and a faculty chair in ICLEF’s expansive Estate & Trust curriculum. Most notably, MaryEllen has co-chaired ICLEF’s annual Midwest Estate Tax and Business Planning Institute since 2012. Her diligence and care leading the Institute have preserved the seminar as one of the most relevant in the Midwest, while maintaining the tradition, integrity and quality that have made the Institute a bedrock of ICLEF’s curriculum for 43 years.

While balancing both her private practice and her significant responsibilities as a Trustee of Indiana University – instead of suggesting to ICLEF she diminish her role in programming, MaryEllen asked “What can I do to continue to help?” It is this genuine response and care to educate Indiana lawyers that makes MaryEllen such an integral part of this organization.

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Michael Bishop
Michael Bishop has served ICLEF in several capacities over the years. Having served two terms on the ICLEF Board, including as an Executive Committee member, Michael has also been an ICLEF Committee Chairperson, a Program Faculty Member, and a Program Chairperson.

Michael has not only helped shape ICLEF’s Alternative Dispute Resolution curriculum, but he remains actively involved in numerous ICLEF efforts including our complex litigation and adoption law seminars and our four-day intensive workshop the Trial Advocacy Skills College.

It is not simply Michael’s effective and appropriate leadership or the inexhaustible enthusiasm he brings to CLE that we recognize him. Most significantly, we recognize him for his untiring support of ICLEF and its mission.

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Thomas Lemon
While his tenure as ICLEF President in 1992 may be well remembered, his legacy to this organization and the practicing bar of Indiana will no doubt be his work as Primary Instructor for the ICLEF 40-Hour Civil Mediation Training.

For the past 24 years, Tom has led this five-day intensive course, and has done so as many as four times a year, on behalf of ICLEF. Through these efforts, it is safe to say that the style and effectiveness of the mediation process in Indiana has been directly shaped and influenced by his teachings.

His love of teaching could be seen on his face each time he entered the building to prepare for the week long effort. He will truly be irreplaceable.

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Mark-McNeely-ICLEF-1Mark McNeely
Mark McNeely has served this organization with several terms on the ICLEF Board of Directors. But the apex of his involvement came in 2010 through 2012 when serving as President of ICLEF. At that time, ICLEF significantly changed its corporate governance to reflect a leaner, more flexible organization, enabling ICLEF to quickly adapt to the changing educational needs of the Indiana legal community. It was the steadfast and resolute character shown under Mark’s leadership that set ICLEF on the path to a bright future.

While Mark’s term as a Member of ICLEF’s Board of Directors has expired, we know that he will remain an important part of this organization for years to come.

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Alan-Hux-ICLEF-1Alan Hux
Taking the helm as President after Mark, Alan Hux has led ICLEF these most recent years during a time of transition and succession. During his tenure, we have reshaped our bylaws to allow more involvement of those purposely dedicated to continuing legal education. As well, he addressed the difficult task of developing and executing a proper succession plan of our staff leadership that had remained steady for almost 25 years.

Through all of this, Alan was a constant and trustworthy steward of ICLEF’s best interest, its present and its future.

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Linda-Meier-ICLEF-1Linda Meier
It is hard to envision an ICLEF without Linda Meier, and fortunately we do not yet have to. It is important to recognize the contributions Linda has provided thus far.

She has served ICLEF in the roles of program faculty, program chairperson, board member, committee chairperson and its President. She has been the face and voice of ICLEF, representing ICLEF by attending meetings, symposiums, dinners, conclaves, lectures and law-related functions too numerous to count.

Never has she ignored the needs of ICLEF. Through all of these efforts and demands, her loyalty and commitment have never wavered.

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John M ODrobinak, Secretary, Board of Directors, ICLEFJack O’Drobinak
Jack’s enthusiasm for the law is only matched by his love of teaching. In addition to serving on the ICLEF Board, including serving on ICLEF’s Executive Committee, Jack has been extremely active in seminar development, having presented in over 60 ICLEF seminars as well as drafting three “ICLEF Legal Publications” – The Guardian’s Handbook, The Estate Planner’s Index and The Trust Account Systems Manual.

Jack will go down as one of ICLEF’s most prolific faculty, presenting in any format from one hour to six hours and to any practice level from fresh-out-of-law-school to addressing some of the most complex estate administration issues.

His quick wit and “no nonsense” presentation style have endeared him to ICLEF audiences statewide these many years. But make no mistake; those of us who have worked with Jack know there is a great deal of work and preparation that goes into every presentation. His desire for excellence is what we wish to recognize.

 

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis

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Why You Should Carry Worker’s Compensation Insurance: Or do You Want to Lose Everything from an Accident?

By Richard Mann, Richard A. Mann, P.C., Indianapolis

If you are the Owner of a Sole Proprietorship, a Partner in a Partnership, or a Member or Manager of a Limited Liability Company, you are not automatically included as an employee under your current worker’s compensation insurance. Under Indiana Code § 22-3-6-1, an Owner of a Sole Proprietorship, a Partner in a Partnership, or a Member or Manager of a Limited Liability Company is not an “employee under IC 22-3-2 through IC 22-3-6 until the notice has been received.” The notice must be in writing and is not effective until both your insurance carrier and the Indiana Worker’s Compensation Board has received your election. Mailing is not receipt. Best practices would be to serve by certified mail return receipt or some other method allowing for written proof of receipt. While hand delivery may be a viable option with the Board, it is highly unlikely that it would be with the insurance carrier. The written notice must be “served upon the…insurance carrier and upon the board.” Id. The Board is the Indiana Worker’s Compensation Board. In addition to serving notice, the owner, partner, member or manager must also be “actually engaged in the” business of the proprietorship, partnership or limited liability company. Id. If the Owner of a Sole Proprietorship or a Partner in a Partnership is an independent contractor in the construction trades and does not make the election to be included as an employee, the Owner or Partner “must obtain a certificate of exemption under IC 22-3-2-14.5.” Id. You must file for an exemption. A contractor or employer who assists someone in filing for a false Application for exemption could be charged with a Class 6 felony. It is important to make sure that you are covered as an employee under your worker’s compensation insurance as any injury suffered while at work may not be covered by your health insurance and you may not be able to recover your lost earnings. See Dreiling v. Custom Builders, 756 N.E.2d 1087, (Ind. Ct of App. 2001). In that case the owner of the company was injured and because he had not taken the proper steps his injuries and medical expenses were not covered.

Some may think they are not in a dangerous profession so they do not need worker’s compensation coverage. If you are an attorney who slips on the floor while going to see a client, is in an automobile accident driving to a hearing, or struck by a car crossing the street to the court, your health insurance may not cover your medical bills as most major health insurance carriers exclude from coverage injuries sustained while working. In Wright Tree Service v. Hernandez, 907 N.E.2d 183 (Ind. Ct. of App. 2009) (reh’g denied), the court upheld the decision of the board that the heart attack was related to the job. So if you have a heart attack at the job, your health insurance carrier could claim it was in the course of your employment and, therefore, it is not covered under your health plan.

Another issue if you do not elect to be covered is your lost income may not be covered. Every self-employed person should have disability insurance. But if you do not, at least you can receive compensation, however little, from worker’s compensation. If you have employees and you currently just cover them, you will probably find adding yourself may not increase your costs or if it does it will be minimal.

This is one of a series we will be doing on the issues of sole proprietorships, partnerships and other small business and issues with not complying or handling insurance, tax and other issues.

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Richard A. Mann has been practicing Family Law for more than 36 years in the Indianapolis area and throughout the State of Indiana. He is a Certified Family Law Specialist as certified by the Family Law Certification Committee, a Registered Family Law and Civil Law Mediator and Guardian ad Litem and Parenting Coordinator. Mr. Mann and his firm, Richard A. Mann, P.C. Attorneys at Law, are proud to have been one of the firms who represented Same-Sex couples who were successful in overturning Indiana’s ban on Same-Sex marriage. He continues to fight discrimination in the law.

While a large portion of Mr. Mann’s practice is in the Family Law area he also represents several corporations on contract, personnel and other matters. He also has a varied General Practice in wills, estates, juvenile matters, collections, probate throughout the state of Indiana. Mr. Mann has tried murder cases as well as a death penalty case.

Mr. Mann has been selected for inclusion in Super Lawyers SuperLawyers Edition for 2009, 2010, 2011, 2012, 2013, 2014, 2015 & 2016.

Follow Richard Mann on FacebookTwitter, or read more blogs by him here.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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New Indiana e-File Rules Put More Responsibility on Filers

By Richard Mann, Richard A. Mann, P.C., Indianapolis

Effective July 1, 2016, the Indiana Supreme and Appellate Courts along with Hamilton County, Indiana Circuit and Superior Courts, go to mandatory e-filing for attorneys. Trial court filers should familiarize themselves with the new Rule 86 of the Indiana Rules of Trial Procedure effective for filings after June 30, 2016.

At the trial court level, attorneys now will need a few more forms in their bank of forms. The new rule now calls for 4 additional forms. The first form identified is the Acknowledgement of Service under Rule 86(G)(2)(ii) which is similar to the form used in the US District Courts. This occurs if the filer personally serves the complaint and summons or mails the summons and complaint by first class mail. The filer prepares the summons and transmits the summons to the clerk. The clerk will then stamp, add the cause number, seal, and sign the summons and return it to the filer. The rule requires the filer to file the Acknowledgement of Service with the clerk. If the respondent or defendant refuses to sign the form, the filer shall then immediately file an Affidavit of Service with the clerk. If the filer files by copy service, the filer shall leave a copy at the proper address, mail a copy of the summons and file with the clerk the Affidavit of Service, similar to the method used by a sheriff in copy service.

Also, under Rule 86, now if the filer is serving the respondent or defendant by certified or registered mail, the filer prepares the summons and transmits the summons to the clerk. The clerk will then stamp, add the cause number, seal, and sign the summons and return it to the filer. The filer will then send the summons by certified or registered mail, and then promptly file with the clerk the Certificate of Issuance of Summons which must contain the method of service with respect to each party, the date of mailing, address of each party, and tracking or identifying number for each summons under Rule 86(G)(2)(c). Once service has occurred then the filer must file with the clerk an Affidavit of Service setting forth the date of service, the person served, and the address served. Since the name may not be legible on the receipt from the post office, we believe the best practice until directed otherwise would be to attach a copy of the receipt.

For service by publication under Rule 86(G)(2)(e), the filer prepares the summons and transmits the summons to the clerk along with an Affidavit for Service by Publication to the Clerk as provided in Trial Rule 4.13. The clerk will then stamp, add the cause number, seal, and sign the summons and Affidavit for Service by Publication and then return them to the filer. The filer shall deliver the summons to the publication authorized by Trial Rule 4.13(C), with instructions that after the completion of the period of publication the return shall be sent to the Clerk.

Another form you should add is the new E-Filing Appearance By Attorney In Civil Case. This has many changes.

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Richard A. Mann has been practicing Family Law for more than 36 years in the Indianapolis area and throughout the State of Indiana. He is a Certified Family Law Specialist as certified by the Family Law Certification Committee, a Registered Family Law and Civil Law Mediator and Guardian ad Litem and Parenting Coordinator. Mr. Mann and his firm, Richard A. Mann, P.C. Attorneys at Law, are proud to have been one of the firms who represented Same-Sex couples who were successful in overturning Indiana’s ban on Same-Sex marriage. He continues to fight discrimination in the law.

While a large portion of Mr. Mann’s practice is in the Family Law area he also represents several corporations on contract, personnel and other matters. He also has a varied General Practice in wills, estates, juvenile matters, collections, probate throughout the state of Indiana. Mr. Mann has tried murder cases as well as a death penalty case.

Mr. Mann has been selected for inclusion in Super Lawyers SuperLawyers Edition for 2009, 2010, 2011, 2012, 2013, 2014, 2015 & 2016.

Follow Richard Mann on FacebookTwitter, or read more blogs by him here.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Are You or Your Clients Incurring Liability for Your Children Under the Affordable Care Act (ACA)?

By Richard Mann, Richard A. Mann, P.C., Indianapolis

One of the issues the new proposals to the Indiana Child Support Guidelines attempt to address are new requirements of the ACA. The ACA requirements actually have existed for tax years 2014 and after. In drafting custody and support agreements, parties should address tax exemptions, health insurance coverage for children and uninsured medical. Under the ACA if one party is to carry health insurance on the child and the other party claims the exemption, the party who claims the exemption can be penalized and for each month in which there is not insurance coverage for the child which meets the requirements of the ACA. Many orders contain language that Party X must maintain insurance if the insurance if available at a reasonable cost through their employer and is reasonable accessible to the child. The ACA does not limit the coverage to that reasonably available through the employer. The ACA requires the party to obtain private insurance, insurance through the Healthcare Exchange or one of the taxpayer subsidized plans. One place to start to look as to whether a person is required to carry the insurance even if not required by the order they should look here. http://www.irs.gov/uac/Am-I-required-to-make-an-Individual-Shared-Responsibility-Payment%3F

Your client should also look here for additional information. http://www.irs.gov/Affordable-Care-Act/Individuals-and-Families/ACA-Individual-Shared-Responsibility-Provision-Calculating-the-Payment

To see the penalties for not having coverage look here. https://www.healthcare.gov/fees-exemptions/fee-for-not-being-covered/

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Richard A. Mann has been practicing Family Law for more than 36 years in the Indianapolis area and throughout the State of Indiana. He is a Certified Family Law Specialist as certified by the Family Law Certification Committee, a Registered Family Law and Civil Law Mediator and Guardian ad Litem and Parenting Coordinator. Mr. Mann and his firm, Richard A. Mann, P.C. Attorneys at Law, are proud to have been one of the firms who represented Same-Sex couples who were successful in overturning Indiana’s ban on Same-Sex marriage. He continues to fight discrimination in the law.

While a large portion of Mr. Mann’s practice is in the Family Law area he also represents several corporations on contract, personnel and other matters. He also has a varied General Practice in wills, estates, juvenile matters, collections, probate throughout the state of Indiana. Mr. Mann has tried murder cases as well as a death penalty case.

Mr. Mann has been selected for inclusion in Super Lawyers SuperLawyers Edition for 2009, 2010, 2011, 2012, 2013, 2014, 2015 & 2016.

Follow Richard Mann on FacebookTwitter, or read more blogs by him here.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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