Indiana Continuing Legal Education Forum (ICLEF)

Probable Cause?
Welcome back to our Law Tips on DWI. This week we get into the nitty gritty of the officer’s reliability and recollection as presented by faculty member Conor O’Daniel. Mr. O’Daniel, of Foster, O’Daniel & Hambidge, Evansville, recently participated in ICLEF’s seminar “DWI @ Trial” by covering “Cross Examination of Police, Datamaster Expert and State’s Witness.” Our focus specifically for this week’s Law Tips is Conor’s advice on critical issues involving the basis for the stop, such as:

When an attorney is armed with the proper materials and has a full understanding of the case (including the strengths and weaknesses), effective cross examination will naturally follow. In preparing for the cross-examination of an officer, I typically break down the case to separately evaluate the basis for the stop, observations by the officer, field sobriety tests, and the chemical test.

The Reason For The Stop:
Some law enforcement agencies have cameras in the vehicles; and when available, attorneys should always request that information, as it is proof positive of the events of the day. We know pretext stops are valid in Indiana. Often times, officers will claim the reason for the stop is anything from weaving within the lane; improper turn signal; no license plate illumination light, etc. In the absence of any video tape, the Courts will accept the officer’s observations as true.

What happens, though, when the officer’s truthful observations do not establish a valid basis for a stop? For instance, does an individual have to have two working brake lights on their vehicle? If the license plate illumination light is burned out, but an officer can observe the license from more than 50 feet, is that a violation? These are questions that may very well come up in motion to suppress process, but it can also be revisited during cross examination in the case in chief.

It is always important to point out what officers do not remember. Officers make hundreds of arrests per year and rarely can recall the specifics of any one particular case some six or eight months down the road. If an officer indicates he has some special ability to recall, you should take this opportunity to question him hard on what the individual was wearing, what were the weather conditions, how many other people were around, what the license plate number was, etc. There are any number of questions you can ask an officer to show or demonstrate how imperfect his or her memory may be. Has the officer indicated he/she wrote down all of the material facts of the case so he/she does not forget them? Did he/she subsequently add something to the facts that was not otherwise disclosed, suggesting this was simply made up recently?

In one particular case, an officer conceded on the stand that he saw a license plate light from 50 feet away, which was within the bounds of law, and would have led to a suppression had that been the only basis for the stop. Later in the hearing, the officer added that he first noticed the light out in his rear-view mirror, which was the basis for the stop. Of course, he was questioned as to whether or not any tickets were written, whether it was written in an Affidavit of Probable Cause, whether he noted it anywhere or told the attorney in the deposition about it. In fact, he admitted this was the first time he ever said anything about this — that he just remembered it — at which point he was questioned about his ability to recollect much of anything, such as clothing worn, who else was around, etc.

Mr. O’Daniel’s lecture for the DWI @ Trial seminar continues by intricately examining issues in observations of the officer, field sobriety and chemical tests, all areas that can provide key defense mechanisms. We’ll continue with our Law Tips series on DWI next week as we share Conor’s candid and expert opinions on preparing for trial. To read last weeks Law Tips, Click Here.

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ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

Featured Board of Directors Member:

James F. T. Sargent, III, Sargent & Meier, Greenwood, Indiana

ICLEF’s Board of Directors bring vital energy and steady guidance that has insured the organization’s quality performance for nearly 50 years.  Today in our online Board Feature we say thanks for your service to James F. T. Sargent, of Greenwood, Indiana.

Jim Sargent’s legal career began in 1961, after graduating from Hanover College and receiving his JD from Indiana University, Indianapolis.  Jim’s father, James F. T. Sargent, II, gave him the opportunity to try out the corporate law arena at his firm in Indianapolis; “but it just didn’t fit for me.”  Then, after a year at the Marion County Prosecutor’s office, Jim started his own law firm in Johnson County, Greenwood, Indiana.  There began his journey as a general practitioner with a concentration in family law.

When asked to give a few thoughts on changes in the family law area since he had his initial clients,  he described it as a complete overhaul. In his inimitable style, he said: “It was trial by ambush then.”  The guidelines and tools  that are in place now did not exist.  He remembers that there was no discovery, no mediation, no pre-trial conferences, no formula for child support, nor any remedy for a decision by a judge.  “Now, the judge has guidelines to follow and if he deviates from the guidelines, he has to explain why.”  An additional turn-around that Jim witnessed in his home county was the local counsel business.  “The lawyers in Marion County would bring their cases to Johnson County to a friendly judge. Many Johnson County lawyers made a living from local counsel cases alone.  Since the establishment of the guidelines, that is no longer the case.”

One of the aspects of practicing law that Jim especially values is his friendships with fellow attorneys. He reflects back many years to when he and Mark McNeely, a neighboring Shelby County attorney who serves currently as ICLEF’s president, agreed to develop together an ICLEF program on hot topics in divorce law.  This partnership led to the two men cooperating in activities that last to this day.  In fact, Jim recalls that he and Mark attended an ICLEF Board meeting together that sparked an interest in them both to serve in ICLEF leadership roles.  Mark is now the president of ICLEF and Jim is serving as the President’s Counsel, both of them having served in previous Board positions.

Jim Sargent doesn’t advertise on billboards, but he does recognize the value of networking, a tried-and-true marketing technique built into any successful lawyer’s psyche.  He knows that serving his profession and community will bring positive results in a myriad of ways.  And he will always be ready to ‘friend’ someone in his own style.

He could fill volumes with his memories of practicing law and the expertise he has acquired.  Another note Jim made during our recent chat about his career was that he enjoys mentoring opportunities with new lawyers, mentioning how proud he is of one of his interns that has moved on to be a successful lawyer in another firm.  For over twenty of his 50 years in Greenwood, he and his wife, Linda Meier, have practiced together as Sargent & Meier.  Their partnership is currently also benefiting ICLEF as they serve together on the Board of Directors.

Serving his community and his profession came naturally to Jim.  Early in his legal career, he became president of his local bar association and began other community relationships.  He participates in committees and sections related to his field of law in the state and nationally. Numerous ICLEF speaking engagements in his repertoire include family law, litigation and ethics.  At this time Mr. Sargent’s ICLEF faculty sessions are advanced CLE that involve live interactive programs.  You will need to catch up to him at one of our Masters Level events.

Thanks, Jim, for choosing to contribute to your profession through ICLEF.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

The Speaker Spotlight focuses on a selected member of the ICLEF faculty, providing a closer look at the impressions and experiences of those who provide the building blocks of the organization.

Our featured speaker on this occasion is Michael P. Bishop, Cohen Garelick & Glazier, Indianapolis. We are pleased that he agreed to take some time recently to talk about his ICLEF involvement and share some personal reflections on his career.  This is the third in this speaker series, but it includes the introduction to our video segment of the Spotlight.  You will find interspersed within this article Michael’s personal thoughts on-camera.

ICLEF appreciates the many-faceted contributions of Michael Bishop.  He provides CLE in mediation, arbitration, trial advocacy and other practice areas. For example, in 2011 he was a member of the faculties of Probate Litigation,CME for Civil Mediators,  Master’s Series Conference, Advanced Negotiation Strategies Within Mediation  and the Indiana Trial Advocacy College. In addition to his CLE efforts, he has served for two terms on the Board of Directors of ICLEF.

But, how did this happen? Why the law and why this path? Michael Bishop’s decision involves family and first-hand experiences.  He was exposed as a young man to the legal arena by his uncle, Ben Weaver, who was a respected member of the Bar and who provided him with a clear picture of the day-to-day practice.  It was this exposure that helped him to identify his love of being an advocate.  After receiving his J.D. from Indiana University Law School-Indianapolis in 1980, he clerked for the Hon. James E. Noland at the U. S. District Court for the Southern District of Indiana. Then he became immersed in the everyday practice of law at the Weaver firm, learning what areas most appealed to him by handling various types of cases.

Over the past 30 years he has built his practice concentrating in the areas of mediation and arbitration, probate and trust litigation, civil litigation and adoption law.  While growing his practice, he also took the teaching road in the mediation and trial skills area.  And he became an author with the publication of “Civil Mediation, Indiana Alternative Dispute Resolution Practice Guide.”  This publication was influenced by his involvement in the development of Indiana’s ADR rules in the early 1990s and his dedication to the concept. In 2008 Michael was selected as one of only 40 lawyers from Indiana who are members of the American Arbitration Association National Roster of Neutrals.

In his CLE presentations Michael reminds lawyers that although the Indiana ADR Rules govern the process of all mediations, there is a great deal more involved.  Mediators must recognize and deal with the delicate balance of the law as it involves the personalities in each representation, honing their  skills of perception.  He commented during our conversation about the value of mediation training: “Many of the lawyers who attend these sessions are involved in a minimal number of actual mediations.  Yet they use the skills that are learned from the training in many areas of their practice……ADR provides an opportunity for people to step back from the problems or disputes.”

Michael Bishop also identified early in his legal career that there were rewards, personally and professionally, from being involved in his community.  ICLEF is fortunate to have been a means for him to do that.  He enjoys the opportunities to pass along his expertise and to mentor fellow members of the Bar.  Michael mentioned especially the importance to him of the camaraderie with lawyers and judges that comes with his ICLEF participation.  One of his ongoing valuable contributions to ICLEF is through the advanced training for civil trial mediators. Michael developed ICLEF’s annual program and remains the primary trainer.  He had some insightful thoughts to share about his ICLEF experiences.

Michael welcomes the new challenges that appear on the landscape in the legal profession. One aspect he mentioned was the modification of the ways attorneys use technology, for communication in general, as well as legal marketing: ”I am fascinated to see where it will lead.” Regardless, in looking to the future in his career, he seems to heed the advice he gives to lawyers in mediating cases: ”Be prepared. Be flexible. Be creative. Be patient.”

Of course, there are other angles to Bishop’s career and life.  Among them are that he is married to a lawyer, MaryEllen Kiley Bishop. He is also an amateur musician, enjoying the relationships formed in that realm. We delved briefly into perhaps one of the more unusual aspects of his practice, Adoption Law.  If you’d like to hear Michael’s additional comments, click on the video below.

Thank you again to Michael Bishop for fortifying our CLE endeavors and for taking the time to be a part of our Speaker Spotlight here at ICLEF.   We look forward to more years of educational projects and camaraderie.

There is an opportunity for you to get a step ahead on mediation training by reserving your spot now for the September 27 CLE/CME program CME for Civil Mediators. Click Here

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

ICLEF is fortunate to have a lengthy list of faculty members who are instrumental in the quality and relevance of our educational programming. Our Speaker Spotlight series brings a sharper focus to these contributions.

The January 2012 Speaker Spotlight presents Gayle L. Skolnik, Faegre Baker Daniels LLP, Indianapolis. We appreciate Gayle’s willingness to share her expertise in Employee Benefits Law. In 2011 she chaired our CLE program entitled “Employee Benefits/ERISA : Moving into the Next Decade” and she presented another seminar this month that provides tips for lawyers in areas of practice that interact with the employee benefits area.

Ms. Skolnik represents employers, fiduciaries and service providers with respect to all aspects of employee benefit law, including counseling clients regarding pension and profit-sharing plans, compensation plans and  other benefits programs and practices. Gayle’s association with the Baker & Daniels law firm dates to her admission to the Indiana Bar in 1982. During her 30-year legal career she has been recognized as a leader in the employee benefits law area, including being chosen for Indiana Super Lawyers  and  The Best Lawyers In America. 

The recent merger of Baker & Daniels with the Minneapolis-based law firm of Faegre & Benson resulted in the 800-member firm of Faegre Baker Daniels LLP.  This change represents an exciting professional outlook on the horizon for Gayle.  The combined services of the two firms results in not only an increase to 19 lawyers in the firm’s Benefits and Executive Compensation Practice Group, but enhancements of their international scope of practice. The firm of Faegre Baker Daniels LLP now operates out of 13 offices, nine in the U.S. and others in London, Beijing and Shanghai.

Gayle is not only a consistent and valued ICLEF faculty member, but she gives back to her community in other respects.  For example, she serves on the Board of Trustees of Midwest Academy of Indiana; and she has also been active in the Indianapolis Hebrew Congregation and Damar Services, Inc.  Yet somehow, she still sets family as her priority.

Obviously, Gayle has found the secret to balancing a brimming personal and professional life.  One of the keys that she mentions in her success at this balancing act, is working with people she likes.  Her law firm associates are both friends and colleagues, complimenting each others strong points and supporting one another.  “Having the relationships with colleagues that is enjoyable and encouraging every day makes it a pleasure to come to work.”

Sharing the experience gained in her legal career is another ingredient that Gayle considers important in her professional life. She mentions this aspect as one of the rewards of being an ICLEF faculty member. “The experience is both professionally and personally fulfilling.  I enjoy being an active part of the legal community and giving back to my profession in this way.  It is rewarding to realize you have something to share and can help someone else in their practice. “  Gayle also reflects on the fulfillment she realizes in participating with other professionals in a challenging arena where you must be on your toes, be up-to-date and informed at all times.  She especially looks forward to the thought-provoking discussions with both faculty and attendees.  In her words, being an ICLEF speaker is  “a particularly fun way to get CLE credits.”

In talking further with Gayle about how her career has progressed, we were curious as to whether she had seen a major change in her specific area of law that impacted her practice significantly.  She pointed to the explosion of substantive regulation of health and welfare plans that began with the enactment of COBRA in 1985 and continues with health care reform.  Other challenges that Gayle relishes include the fast pace of change (“New guidance comes out almost every day.”) and the extent to which benefits law relates to other practice areas. She mentions that there are very few areas of law now that do not intersect with employee benefits law.

The ICLEF seminar chaired by Gayle this month addresses the interaction between employee benefits law and labor and employment law.  She provides her expertise on avoiding pitfalls, identifying possible issues and knowing when to consult an employee benefits law expert. “Employee Benefits Law: 5 Key Points Employment Lawyers Need To Know,”  is an important three-hour CLE program for lawyers in many practice areas.  There will be video replays on the ICLEF calendar coming up.  Watch for an opportunity to benefit from this excellent program.

I want to express my personal appreciation for Gayle’s time and and patience in putting this Speaker Spotlight together.  Not only is she generous with her legal expertise for her fellow lawyers, but she is willing to add that extra touch to a non-lawyer’s legal-related writing effort.

ICLEF looks forward to more faculty contributions by Gayle Skolnik as they keep the quality and relevance of our CLE at high levels.

Gayle just recently hosted the  3 CLE ICLEF seminar, “Employee Benefits Law: 5 Key Points Employment Lawyers Need to Know“.  Click Here to view the Video Replay, the Online/On Demand Video or purchase the e-Publication of this Seminar.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN