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Q: I purchased my ICLEF PASS+ in March, does it expire in December?
A: Yes. Your ICLEF PASS+ expires at 12:00 A.M., December 31, 2017. So, be sure to take full advantage of ICLEF’s programming throughout the calendar year.

Q: My ICLEF PASS+ is expiring, and I wish to register for a seminar after 12:00 A.M., December 31, 2017. Will you allow me to register?
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Q: How many Live ICLEF seminars may I attend during my 12-month ICLEF PASS+ period?
A: Once you have purchased the ICLEF PASS+, you may attend an unlimited number of programs and ICLEF hopes you take advantage of our quality and relevant CLE. This includes ALL ICLEF Live In-Person Seminars, ALL ICLEF Live Group Webcast Seminars & ALL ICLEF Video Replay Seminars (note exclusions listed in the Terms & Exclusions). We simply ask that you pre-register for each Live seminar that you wish to attend.

Q: If I do not use my ICLEF PASS+ during the year, will ICLEF provide a refund for my unused pass?
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Terms & Restrictions:
A very small number of our programs are excluded from the ICLEF Pass+. Those include: 40-Hour Mediation Training Courses (Family, Civil & Crossover), Annual Elder Law Institute, Bankruptcy Advocacy Training, ICLEF Out-of-Country Trip and CLE program, ICLEF Trial Advocacy Skills College (TASC) & Indiana Law Update (Video Replays of Indiana Law Update are included in the PASS+). Keep in mind you have access to over 80 Live & Group Webcast Seminars and over 500 Video Replays.

The ICLEF PASS+ expires on 12:00 A.M. December 31, 2017.

All ICLEF Seminars are “Limited Seating” events. ICLEF PASS+ holders must pre-register to ensure a seat at the program. ICLEF Pass+ holders may only walk-in to an event on a space available basis.

Passes may not be transferred to another person, nor will refunds be given for a pass once purchased.


ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Court of Appeals Reverses Man’s Visitation with Ex-Girlfriend’s Daughter

Family Law Case Review

Case: Amy L. Brown v. Adrian Lunsford
by Mike Kohlhaas, Bingham Greenebaum Doll

HELD:  The trial court abused its discretion when it issued a visitation order between Child and Mother’s former boyfriend.

Child was born to Mother in 2007. The natural father was never part of Child’s life.

When Child was 16 months old, Mother began cohabitating with Boyfriend. The two never married, but Mother had a child with Boyfriend. Several years later, Mother and Boyfriend separated.

In 2011, when Child was four years old, the State initiated a Title IV-D paternity matter with respect to the younger child that Mother and Boyfriend had together. That paternity matter had nothing to do with Child. However, those proceedings resulted in a child support and parenting time order with respect to the younger child that Mother and Boyfriend had together.

In 2015, Boyfriend filed a petition to modify in the paternity case, which included a request for visitation with Child. After a hearing, the trial court granted the request, giving Boyfriend visitation of one weekend per month with Child. Mother appealed.

Much of Mother’s appeal involved discussion of Mother’s waiver of various possible procedural errors by not raising them timely at the trial court level, such as that Child was never a proper party to the second child’s paternity matter. As such, the Court of Appeals resolved the case on its substantive merits.

The Court summarized Indiana law on third party visitation. The opinion emphasized that, in light of Indiana’s recognition of same-sex marriage, coupled with its grandparent visitation statute – each of which provide an independent opportunity for parenting time or visitation – the circumstances in which third party visitation should be granted are quite rare these days. The Court also noted the Troxel constitutional implications that weigh heavily in favor of a fit parent to determine with whom a child should spend time.

Concluding that the trial court failed to give proper deference to the constitutional right of a fit Mother to make visitation decisions, and a lack of evidence that Mother’s denial of visitation to Boyfriend was not in Child’s best interests, the trial court abused its discretion.

The third party visitation order for Boyfriend was reversed.

To view the text of this opinion in its entirety, click here: Amy L. Brown v. Adrian Lunsford



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

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Are You Thinking About Filing for Divorce? If So, TIme is Running Out Before the End of Year & There are Tax Consequences

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

Under Indiana law there is what is commonly known as a mandatory waiting period after the filing before a divorce can be final. (The legal term is dissolution of marriage but for this article the term divorce is used). Pursuant to I.C. 31-15-2-10, “in an action for a dissolution of marriage … a final hearing shall be conducted not earlier than sixty (60) days after the filing of the petition.”

The last court day of this year is December 29, 2016. During the holidays, courts are addressing emergencies and other matters, so a non-contested divorce may be pushed aside until after the beginning of the year. Therefore, your last reasonable date to file for divorce and this means file with the court is October 21, 2016. Many people think the 60 days starts when you see a lawyer to start your divorce, it does not. October 21, 2016. This assumes you will have an agreed divorce. Otherwise, depending upon the issues and the court involved, it may be too late to file the divorce and have it finalized before the end of the year.

While Indiana law allows bifurcation of the divorce versus the other issues, see IC 31-15-2-14, most courts will not grant a bifurcated divorce without agreement of the parties, and many courts will not grant a bifurcated divorce at all, especially if children are involved. Further, your spouse may not agree as a matter of strategy especially if you are the higher income earner.

Now you might ask, what does it matter?

The IRS website states,

The IRS offers these seven facts to help you choose the best filing status for you.

  1. Marital Status. Your marital status on the last day of the year is your marital status for the entire year.
  2. If You Have a Choice.  If more than one filing status fits you, choose the one that allows you to pay the lowest taxes.
  3. Single Filing Status. Single filing status generally applies if you are not married, divorced, or legally separated according to state law.
  4. Married Filing Jointly. A married couple may file a return together using the Married Filing Jointly status. If your spouse died during 2012[6], you usually may still file a joint return for that year. Dates have not been updated on the IRS website.
  5. Married Filing Separately.  If a married couple decides to file their returns separately, each person’s filing status would generally be Married Filing Separately.
  6. Head of Household.  The Head of Household status generally applies if you are not married and have paid more than half the cost of maintaining a home for yourself and a qualifying person.
  7. Qualifying Widow(er) with Dependent Child.  This status may apply if your spouse died during 2010[4] or 2011[5], you have a dependent child and you meet certain other conditions.”
    Dates have not been updated on the IRS website.

Look at paragraphs one (1) and three (3). Paragraph three (3) is not as simple as it looks as the IRS may require state law to meet certain standards for the term “separated” and it does not mean you just do not live together. You should consult a Certified Public Accountant (CPA) to verify your situation.  

If your divorce is final by December 31 (this year December 29), will you be in a higher or lower tax bracket? If you are not divorced by December 31 (this year December 29), how will the refund or tax liability be handled? Who gets the exemptions for any children and will you qualify for head of household as described in paragraph 6? These decisions could mean thousands of dollars difference in your tax liability and should be given consideration. The IRS has not published the schedules for 2016; however, to obtain an idea of the affect upon you check out the interactive tool offered by the IRS for 2015.


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.

This blog does not constitute legal advice nor does it establish an attorney client relationship. This is for general information purposes as in most legal situations the facts and terms of an agreement between the parties can affect the result.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Notes on Negotiations
By Marty Latz, Latz Negotiation Institute

“Take it or leave it,” he says. “This is a deal-breaker.”  But it’s early on, and you’re not ready to make that decision. How should you react?

Consider these four steps to evaluate the ultimatum and formulate your strategic response.

1.    Evaluate its legitimacy
Is it real or a bluff? Consider:

  • Counterpart intelligence. Did you learn in talking with those who have previously negotiated with your counterpart and searching online that they tend to bluff? Or do they have a reputation for meaning it when they say it?
  • Leverage. What will your counterpart do if they don’t do the deal with you? What’s their alternative, or Plan B? If they have a good Plan B, it increases the likelihood the ultimatum is real. If not, it’s more likely a bluff. Parties also often share their Plan B if it’s good and hold their cards close to their vest if it’s bad. Consider your Plan B, too. The easier your walk away, the more you may not even want to play this “game.”
  • Their interests. An ultimatum is a position and describes what they want. Find out their interests – why they want it. What is the motivation behind the ultimatum? And does that interest align with it being a deal-breaker compared with their other interests? Ultimatums involving crucial interests tend to be more credible.
  • Timing and offer-concession patterns.  Ultimatums delivered early in lengthy negotiations tend to be less true. Ultimatums near real, inflexible deadlines tend to be more true.
  • Writing. Written ultimatums are a higher level of commitment vs verbal ones.

Of course, these are tendencies, not certainties. But they will give you clues as to the nature of the ultimatum.

So what should you do if you think the ultimatum is true – or if you believe it’s a bluff – or if your assessment is somewhere in between?

2.    Ignore it
Harvard Business School Professor Deepak Malhotra, author of Negotiating the Impossible, recommends in a recent Harvard Negotiation Newsletter that parties “completely ignore [the ultimatum]. I don’t ask the person to repeat what he said or clarify what he meant. Instead, I pretend he never said it and move on to other issues.”

This move has merit, especially if you believe it’s a bluff and/or an offhand comment.

First, as Malhotra notes, ignoring it makes it easier for your counterpart to back off later without “losing face.” After all, your response neither legitimized it nor gave it credibility nor led them to dig in ego-wise and escalate their commitment.

All these would make it harder for your counterpart to conveniently “forget” it later, when it may be in their interests to concede on it.

Second, if it is real they will repeat it anyway.

3.    Reframe it as a suggestion or offer
If you can’t ignore it, Malhotra recommends reframing it as a suggestion before moving forward. Perhaps respond “I understand this would be very hard for you to do at this time” (“very hard” is different than “impossible” and “at this time” suggests it may change later).

Or simply treat it as a suggestion or regular offer by saying “I appreciate how important this is to you. On the other hand, we’ve made a lot of progress so far – so let’s just put that aside for now as an unresolved issue.”

4.    Address it substantively
Of course, you can always address it directly. And this may be best, especially if it appears that your counterpart is testing you, it’s a significant issue, and you think it’s a bluff. If you do this, though, be prepared to go with your Plan B.

Latz’s Lesson:  Ultimatums may be real or not – so assess and then respond (or just ignore).


Marty Latz is the founder of Latz Negotiation Institute, a national negotiation training and consulting company, and ExpertNegotiator, a Web-based software company that helps managers and negotiators more effectively negotiate and implement best practices based on the experts’ proven research.  He is also the author of Gain the Edge! Negotiating to Get What You Want (St. Martin’s Press 2004). He can be reached at 480-951-3222 or

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

Posted in Negotiation/Mediation Blog, News0 Comments

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