Indiana Continuing Legal Education Forum – ICLEF

This years Masters Series Summer Conference will be held Thursday, July 25th through Saturday, July 27th, 2013, at the beautiful French Lick Springs Resort & Casino & West Baden Springs Resort, in French Lick, Indiana. Attendance will be limited so register soon!

Seven of ICLEF’s Masters Series programs will meet concurrently Friday and Saturday, July 26-27 while also allowing for time to enjoy fellowship and all there is to see and do at the French Lick Springs Resort & Casino as well as the remarkable setting of the neighboring West Baden Springs Resort. Very special room rates have been made available for ICLEF Masters Series Conference Attendees. Hotel reservations can be made online at www.FrenchLick.com or by calling 812-936-9300.

Advanced Level Seminars at This Years Conference:
ICLEF is pleased to present advanced-level seminars, known collectively as The Masters Series, for those practitioners who require a distinct level of continuing legal education in their respective fields. Trademarks of The Masters Series include a low faculty-to-attendee ratio, seating arrangements that facilitate interaction, and topics designed to make you think, while providing you with answers to the tough questions and difficult situations you may encounter in your practice.

Click a title below for Topics, Faculty, Agenda, Price & Registration information. To download a PDF of the 2013 Masters Series Conference Brochure & Registration form, Click Here.

PTI: Ethics - 3 CLE / 3 E
Pardon The Interruption: Ethics back by popular demand!

Advanced Estate Planning - 6 CLE / 1.5 E

Advanced Family Law - 6 CLE 

Advanced Issues in Law Practice Management - 6 CLE / 1 E  

Advanced Personal Injury - 6 CLE

Advanced Civil Mediation - 6 CLE / 6 CME / 1 E

Advanced Environmental Law - 6 CLE

Advanced Issues in Gaming Law - 6 CLE

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Masters Series Conference Schedule of Events:

Thursday, July 25, 2013
10:00 A.M.     ICLEF Board of Directors Meeting
                        - West Baden Room, West Baden Springs
12:00 P.M.     ICLEF Masters Series Conference Registration Open
                        - Level 2 Conference Facility Area
1:50 P.M.        Welcome & Introduction
                        - Alan M. Hux, Masters Series Conference Chairperson
                        – Windsor Ballrooms, Level 2 Conference Facility Area
2:00 P.M.       PTI: Ethics!
                        - James J. Bell, Program Chair
                        - Windsor Ballrooms, Level 2 Conference Facility Area
3:30 P.M.       Program Break
3:45 P.M.       Plenary Session continues
5:15 P.M.       Adjourn for the Day

5:30 P.M. – 7:30 P.M.      Hosted Reception
                                        (Open to All Faculty, Registrants & Guests)
                                        – Level 1 Conference Center Foyer / Terrace Area

Friday, July 26, 2013
7:30 A.M.      ICLEF Masters Series Conference Registration Open
                      - Level 1 Conference Facility Area
7:45 A.M.      Continental Breakfast for Faculty & Attendees
                      - Level 1 Conference Center Foyer
9:00 A.M.     Begin Part One of the 2012 Masters Series Conference
                      - Level 1 Conference Center

Program start and break times will vary by individual seminar agenda

12:15 P.M.    Adjourn for the Day

2:00 P.M. – 5:00 P.M.     ICLEF Private Slot Tournament
                                        (Open to All Registrants & Guests. See Below for more information)
                                        - Entertainment Lounge, French Lick Casino

4:00 P.M.     Historic West Baden Tour
                    (Open to All Registrants & Guests for $8. Proceeds benefit Indiana Landmarks,
                    a Nonprofit Organization. See Below for more information)

6:30 P.M. – 9:00 P.M.     ICLEF Movie Presentation of the classic 1962 film, “To Kill a Mockingbird”
                                         (Open to All Registrants & Guests. See Below for more information)

To download a PDF of the 2013 Masters Series Conference Brochure & Registration form, Click Here.

Saturday, July 27, 2013
7:30 A.M.      ICLEF Master’s Series Conference Registration Open
                      – Level 1 Conference Facility Area
7:45 A.M.      Continental Breakfast for Faculty & Attendees
                      - Level 1 Conference Center Foyer

Program start and break times will vary by individual seminar agenda

9:00 A.M.     Begin Part Two of the Master’s Series Conference
                    - Level 1 Conference Center
12:15 P.M.    Conference Adjourns

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ICLEF Slot Tournament:
Friday, July 26, 2013  •  2:00 P.M.– 5:00 P.M.
- Entertainment Lounge, French Lick Casino

To register for the Slot Tournament email:  scottking@iclef.org. Or to download a PDF of the 2013 Masters Series Conference Brochure & Registration form, Click Here.

Reigning Tournament Slot King
Christopher M. Manhart, Merrillville, IN

Win big at the French Lick Casino! In addition to our special prizes awarded throughout our annual tournament, someone will walk away as our new 2013 ICLEF Slot Queen or King! Join in the fun along with our 2012 reigning Slot Tournament King, Christopher M. Manhart, Bowman, Heintz, Boscia & Vician, P.C., as ICLEF will host a free and exciting Slot Tournament exclusively for our program attendees and their guests. Wonderful prizes provided by French Lick Resort & Casino will be awarded to the winners as well as “lucky” participants. Open to the first 60 Registrants! Don’t miss your opportunity to be crowned as this year’s.

To register for the Slot Tournament email: scottking@iclef.org.  Or to download a PDF of the 2013 Masters Series Conference Brochure & Registration form, Click Here. 

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ICLEF Historic Tour & Movie Night:
Friday, July 26, 2013  •  4:00 P.M.-9:00 P.M.
- The Lilly Room, West Baden Springs Hotel

Tour the Historic Grounds
4:00 P.M. – 5:00 P.M.   Prior to our movie presentation, enjoy a private tour of the West Baden Springs Resort to truly appreciate the architectural and historical significance of the resort. A nominal fee of $8 will be charged for the tour, with all proceeds going to Indiana Landmarks. To register for the Historic West Baden Tour email: scottking@iclef.org.  Or to download a PDF of the 2013 Masters Series Conference Brochure & Registration form, Click Here.

ICLEF Movie Presentation of the classic 1962 film “To Kill a Mockingbird”
“Now gentlemen, in this country our courts are the great levelers, and in our courts all men are created equal. I’m no idealist to believe firmly in the integrity of our courts and of our jury system. That’s no ideal to me. That is a living, working reality. Now I am confident that you gentlemen will review without passion the evidence that you have heard, come to a decision, and restore this man to his family. In the name of God, do your duty. In the name of God, believe Tom Robinson.”- Atticus Finch

6:30 P.M – 9:00 P.M.    Masters Series Conference faculty, attendees and guest are cordially invited to our informal and private viewing of the movie that inspired many of you to consider the practice of law. This 1962 classic film based on the book by Harper Lee follows small-town attorney and moral hero, Atticus Finch. Admission to Movie Night is free! A cash bar and complimentary snacks are available. All movie guests are eligible for special prizes to be drawn before the show! This is a limited attendance event, so sign up early. To register for ICLEF’s Movie Night email: scottking@iclef.org.  Or to download a PDF of the 2013 Masters Series Conference Brochure & Registration form, Click Here.

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Other Activities & Offerings:

French Lick Springs Resort & Casino
Spend some time exploring all there is to do and see at French Lick Springs Resort & Casino and neighboring West Baden Springs Resort. Concierge service will be provided by FLSR and available throughout the day at the ICLEF registration desk to assist you in making tee times, spa or dinner reservations, and to assist you with the many other activities and features of the beautiful and historic French Lick Springs Resort!  For a complete list of activities at the resort, please go to the resort’s website at www.FrenchLick.com 

Very special room rates have been made available for ICLEF Masters Series Conference Attendees. Hotel reservations can be made online at www.FrenchLick.com or by calling 812-936-9300.

Enjoy a Round of Golf!
It is recommended that reservations for the French Lick Resort Golf Courses be made prior to your arrival. As special guests of ICLEF, conference attendees may reserve tee times at either the nationally recognized Pete Dye Course or Donald Ross course on either Wednesday afternoon (7/24) or Thursday morning (7/25) regardless of where you make your overnight accommodations! ICLEF has blocked a limited number of tee times on these two dates for your convenience. These tee times are available until July 5, 2013 so make your plans today! For golf reservations call 812-936-9300 & ask for the ICLEF reserved tee times.

Concierge service will be provided by French Lick Springs Resort
Available throughout the day at the ICLEF registration desk to assist you in making tee times, spa or dinner reservations, and to assist you with the many other activities and features of the beautiful and historic French Lick Springs Resort! For a complete list of activities at the resort, please go to the resort’s website at www.FrenchLick.com 

Relax in one of the Resorts’ Signature Spas
It is recommended that reservations for the French Lick Resort Spas be made prior to arrival. For spa reservations call 812-936-5819.

Fun Just for the Kids
French Lick Resort provides fun and exciting activities and adventures that will keep any child engaged and absorbed! Special activities, supervised by the Resort’s trained counselors, have been developed to ensure that kids ages 6-12 years have a full experience in fun and creativity. Visit the resort website for specific activities and events under the link “KidsFest.” Big Splash Adventure Indoor Water Park Just across the way from the French Lick Resort, Big Splash Adventure Indoor Water Park & Resort offers an exciting water park adventure for the entire family. Experience tropical luxury in a family friendly environment! For more information about all the wet and wild fun visit the water park website at www.bigsplashadventure.com

Case: Phillip J. Troyer v. Tracy L. Troyer
by Mike Kohlhaas, Bingham Greenebaum Doll

HELD:
Trial court erred when its final Decree retroactively modified child support obligations of its provisional order without any petition to modify the provisional order on file.

FACTS AND PROCEDURAL HISTORY:
Father and Mother married in 1993, and had Child in 2000. In May of 2011, Mother filed a petition for dissolution of marriage. Two months later, the trial court entered its Provisional Order setting forth various rights and obligations of the parties, including that Father pay child support to Mother of $53 per week and that Mother provide health insurance coverage for Child. Neither party subsequently filed any petition to modify these provisional obligations.

In June, 2012, following nearly four days of final hearings, the trial court issued its Decree. The Decree increased Father’s child support obligation to $155 per week, retroactive to approximately 5 months before the Decree was issued. The Decree also modified the “six percent rule” obligations related to Child’s uninsured and deductible medical expenses, also retroactive to the same date. Father appealed.

The Indiana Court of Appeals reviewed Ind. Code 31-15-4-14, which provides that a provisional order terminates by operation of law upon the entry of a final decree. Indiana statute further provides that, “[t]he terms of a provisional order may be revoked or modified before the final decree on a showing of the facts appropriate to revocation or modification.” Ind. Code 31-15-4-15. Given that neither of the parties requested a modification of the provisional order – much less offered a showing of facts in support of doing so – it was error for the trial court to modify the provisional order retroactively.

The matter was remanded to the trial court to amend its Decree accordingly.

To view the text of this opinion in its entirety, click here: Phillip J. Troyer v. Tracy L. Troyer

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The Indiana Family Law Update is a free service provided by Bingham Greenebaum Doll, LLP. While significant efforts are made to ensure an accurate summary and reproduction of each opinion, readers are advised to verify all content and analysis with a traditional case law reporter before relying on the content and analysis offered here.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

Notes on Negotiation:
Written by Marty Latz, Latz Negotiation Institute

In a perfect world, nobody would completely lose control or say or e-mail things they regret, and all major decisions would be based on the experts’ research. Of course, we don’t live in a perfect world.

So what should we do when our counterparts’ know exactly when and where to push our buttons and we know we can’t easily control our responses?

Family-oriented negotiations involving spouses, kids, siblings, parents and in-laws and family business negotiations and long-term business relationships perhaps come to mind.

Similarly, situations also arise where there’s a major personality conflict with your counterpart with whom you’re forced to deal.

So what should you do in these situations?

Bring in an independent expert.

Let’s say you started your business twenty years ago and recently hit hard times. The recession has taken its toll and revenues are way down. Bottom line: you need to cut personnel to stay in business, including some managers. But several of your managers are closely related to your spouse.

This negotiation may call for you to retain an independent business consultant to opine as to your best course of action. By doing so, you can confirm your thoughts – which are likely affected by the family relationship – with an objective and credible expert recognized by all.

While not a panacea, this can help depersonalize the negotiation and give you an independent credible justification for your move, helping to soften the blow should you need to lay off an in-law.

Likewise, parents might turn to a family therapist with expertise in parenting if they’re having serious problems with a child.

Consider using an agent.

If you and/or your counterpart know you can’t easily deal with each other or there’s just too much potential your personalities will produce major conflicts, consider hiring an agent to lead the negotiation for you.

A major advantage to using agents is that they often can truly step back and analyze the negotiation objectively.

Plus, agents can use specific strategies, like limited authority or variations of good cop/bad cop, that may prove effective in certain instances.

Many business professionals rely on their lawyers to lead particular negotiations not just due to their legal knowledge but also due to their experience and expertise in negotiating and in working within an agency dynamic.

Explore mediation.

Sometimes you may hire an expert, retain a lawyer or agent, and still run into major problems due to emotions, relationships, personalities, etc. If so, you and your counterpart might mutually explore hiring an independent third party mediator to help manage the process.

Trained mediators can guide your negotiation around the expected pitfalls and into areas where you can find common ground.

It’s no coincidence that mediators are commonly used to help couples going through a divorce, especially if there are kids involved.

These are some of the most difficult and challenging negotiations for everyone.

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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 Latz@ExpertNegotiator.com

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

A Unique Retreat for Newer Practitioners and Those That Drive in the Small Practice Lane

“Reality CLE”, May 1st & 2nd, is an expansive program that immerses participants in topics that focus on the “real” aspects of running a successful law practice. This will include both group plenary sessions on key practice-related business matters as well as a variety of workshop sessions featuring a mix of specific legal subjects and efficiency skills. Pick and choose the sessions that are right for you in order to customize the program to best suit your practice needs. As a bonus, you will receive all program materials, even from those workshop sessions that you don’t attend! Up to 14 CLE credits and up to 2 Ethics credits are available.

The two-day program will rotate between discussions focused on “The Business of Practice” and customizable Breakout Sessions.

“The Business of Practice” Topics:

• Form of Practice
• Location of Practice
• Forming Relationships with Other Offices
• Sharing Space
• Payment Plans
• Surrogacy Requirement
• Key Ethical Matters (including Malpractice Avoidance)
• Seven Types of Insurance to Consider
• Hiring & Staffing
• Getting Clients & Staying within the Advertising Rules

Breakout Sessions I & II: - Select 1 for each session

• Family Law
• Talking Technology: Equipment, E-Storage, Remote Access & Security
• Landlord Tenant Matters

Breakout Sessions III & IV: - Select 1 for each session

• Estate & Probate Practice
• Tax Planning for Your Law Practice
• Consumer Bankruptcy

Breakout Sessions V & VI: - Select 1 for each session

• Criminal Law
• When to Pull the Plug: How to Fire a Client
• Mortgage Foreclosures

To see a full Agenda & Faculty list, Click Here.

FACULTY:

• Richard A. Mann, Chair, Richard A. Mann, P.C., Indianapolis, IN
• Greg Aldridge, Aldridge Insurance, Inc., South Bend, IN
• James J. Bell, Partner, Bingham Greenebaum Doll LLP, Indianapolis, IN
• Susan C. Bradford, CPA, Principal, Somerset CPAs, P.C., Indianapolis, IN
• David D. Deeter, Associate, Dale & Eke, P.C., Indianapolis, IN
• Daniel D. Dickerson, CPA, Principal,  Somerset CPAs, P.C., Indianapolis, IN
• Christine M. Douglas, Riley Bennett & Egloff, LLP,Indianapolis, IN
• Larry W. Dykes, CLU, ChFC, AAMS, Principal, SkyView Partners, Inc., Fishers, IN
• Michael J. Feiwell, Partner, Feiwell & Hannoy, P.C., Indianapolis, IN
• Mark A. Foster, Partner, Foster O’Daniel Hambidge & Lynch LLP, Evansville, IN
• Lisa M. Joachim, Attorney at Law, Richard A. Mann, P.C., Indianapolis, IN
• Elizabeth A. Justice, Attorney At Law, Crawfordsville, IN
• Charles M. Kidd, Deputy Executive Director, Indiana Supreme Court Disciplinary Commission, Indianapolis, IN
• Sally J. O’Connor, Bankruptcy Law Office of Mark S. Zuckerberg, P.C., Indianapolis, IN
• Jon R. Pactor, Member, Jon R. Pactor, Indianapolis, IN
• Maureen T. Sage, CPA, Senior Manager, Somerset CPAs, P.C., Indianapolis, IN
• Frederick W. Schultz, Partner, Greene & Schultz Trial Lawyers, Bloomington, IN
• Reid F. Trautz, Owner, Firm Resolutions, Annandale, VA
• Paul J. Unger, Esq., Attorney at Law, Affinity Consulting Group, LLC, Columbus, OH
• Mark S. Zuckerberg, Owner, Bankruptcy Law Office of Mark S. Zuckerberg, P.C., Indianapolis, IN

Take a break from the rush, and join us this spring! Special discounted overnight room rates are available for you at the Sheraton Indy Hotel at Keystone Crossing. Be sure to allow time for the reception immediately following day 1, sponsored in part by the Indiana Bar Foundation. Lunch is provided on the first day thanks to Computer Experts: IT Services for Small Law Firms.

The Inaugural Reality CLE- 14 CLE / 2 E
A Unique Retreat for Newer Practitioners and Those That Drive in the Small Practice Lane

LIVE IN-PERSON ONLY! - May 1 & 2, 2013
Sheraton Indianapolis Hotel at Keystone Crossing
8787 Keystone Crossing, Indianapolis, IN 46240

The Sheraton Indianapolis Hotel at Keystone Crossing is offering ICLEF attendees special discounted accomododations; $109 Single or Double Rate in Deluxe Rooms, $139 Single or $159 Double in Club Level Rooms. Triple or Quad rates are available as well. To make reservations, please call 1-888-627-7814 and mention that you are attending this ICLEF program. The cut-off date for reserving rooms at the discounted rate is 5:00 P.M. on April 5, 2013. After this date, reservations will be accepted on a rate and space availability basis.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN