Tag Archive | "ICLEF"

ICLEF Board Selects Longtime Staff Member Scott King as Next Executive Director

The Indiana Continuing Legal Education Forum Board of Directors has selected current Program Director Scott King to succeed Tom von Kamecke as Executive Director of the non-profit CLE organization, effective July 1. King has been with ICLEF for just over 20 years, starting as the Director of Media Programming in early 1996.

After leading ICLEF nearly 25 years, Tom von Kamecke has decided to step down at the end of June. This is not a retirement for von Kamecke just yet, as he will stay on over the next year in the capacity of Director of Strategic Planning, assisting King and the ICLEF Board with the leadership transition and collaborating with the staff and faculty on existing and emerging CLE efforts. von Kamecke began his career with ICLEF in 1980.

“ICLEF has been fortunate to have such strong leadership and loyalty to the organization as we have had with Tom,” stated ICLEF President Alan Hux. “We are equally fortunate to have a dedicated and experienced staff that will work with Scott to continue providing CLE programming of the highest quality, while being convenient and cost-effective for Indiana lawyers.”

“I am honored and proud to follow the man who brought me into this organization and excited to continue working with our outstanding faculty in my new role.” stated Scott King. “I am committed to maintaining ICLEF’s role of advancing the understanding of Indiana law as the state’s premier CLE provider.”

ICLEF is a 501(c) (3) nonprofit organization founded in 1964 with the sole purpose of educating Indiana attorneys in the most effective and efficient manner possible.

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MSC-SlotT3-2013

2016 Masters Series Summer Conference, July 14-16

This years Masters Series Summer ConferenceTM will be held Thursday, July 14th through Saturday, July 16th, 2016, at the beautiful French Lick Springs Resort & Casino & West Baden Springs Resort, in French Lick, Indiana. Attendance will be limited so register soon!

Five of ICLEF’s Masters Series programs will meet concurrently Friday and Saturday, July 15-16, 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 ConferenceTM Attendees. Hotel reservations can be made online by Clicking Here or by calling 812-936-9300.

Also available nearby, the Comfort Suites and Best Western.

French Lick Springs Resort & Casino Courtyard  French Lick Springs Resort & Casino-Front Porch  French Lick Springs Resort & Casino - Well

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 2016 Masters Series ConferenceTM Brochure & Registration form, Click Here.

Pardon the Interruption: Ethics! – 3 CLE / 3 E
   Program Chair: Lynnette Gray, Johnson Gray & Johnson, Franklin

Advanced Employment Law – 6 CLE
   Program Chair: David L. Swider, Bose McKinney & Evans LLP, Indianapolis

Advanced Issues in Family Law – 6 CLE
   Program Chair: Andrew R. Bloch, Cross Pennamped Woolsey & Glazier, Carmel

Advanced Business Law – 6 CLE / 1 E
   Program Chair: Geoffrey M. Grodner, Mallor Grodner LLP, Bloomington

Advanced Individual Bankruptcy, Chapters 7 & 13 – 6 CLE / 1 E
   Program Chair: Mark S. Zuckerberg, Bankruptcy Offices of Mark S. Zuckerberg P.C., Indianapolis

Advanced Issues in Patent Litigation – 6 CLE
   Program Chair: Daniel J. Lueders, Woodard Emhardt Moriarty McNett & Henry of Indianapolis

ICLEF's Annual Masters Series Conference<sup>TM</sup> at the beautiful French Lick Springs Hotel & Casino and West Baden Springs Hotel & Spa in French Lick, IN. Advanced Seminar at the ICLEF 2012 Masters Series Conference ICLEF's Annual Masters Series Conference at the beautiful French Lick Springs Hotel & Casino and West Baden Springs Hotel & Spa in French Lick, IN.  Advanced Seminar at the ICLEF 2012 Masters Series Conference

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Masters Series ConferenceTM Schedule of Events:

Thursday, July 14, 2016
10:00 A.M.   ICLEF Board of Directors Meeting
                        – West Baden Room, West Baden Springs
12:00 P.M.   ICLEF Masters Series ConferenceTM Registration Open
                        – Level 2 Conference Facility Area
1:50 P.M.      Welcome & Introduction
                        – Marsha Volk Bugalla, Masters Series ConferenceTM Chairperson
                        – Windsor Ballrooms, Level 2 Conference Facility Area
2:00 P.M.     PTI: Ethics!
                        – Lynnette Gray, 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)
                                              Join us for our welcoming reception with complementary
                                              drinks and heavy h’orderves
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Friday, July 15, 2016
7:30 A.M.    ICLEF Masters Series ConferenceTM 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 2016 Masters Series ConferenceTM
                      – Level 1 Conference Center

Program start and break times will vary by individual seminar agenda

12:15 P.M.    Adjourn for the Day

4:00 P.M.     Historic West Baden Tour
                       (Open to All Registrants & Guests for $12See Below for more information)

4:30 P.M.     ICLEF Private Slot Tournament
                       (Open to All Registrants & Guests. See Below for more information)
                       – Entertainment Lounge, French Lick Casino
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Saturday, July 16, 2016
7:30 A.M.    ICLEF Masters Series ConferenceTM 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 Masters Series ConferenceTM
                    – Level 1 Conference Center
12:15 P.M.   Conference Adjourns

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Tour the Historic Grounds

Friday July 15, 2016 • 4:00 P.M.  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 $12 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 2016 Masters Series Conference Brochure & Registration form, Click Here.

ICLEF's 2013 Masters Series Conference, July 25-27, 2013, French Lick Springs Resort & Casino & West Baden Springs Hotel & Spa, French Lick, IN  West Baden-Atrium  Large well at the West Baden Springs Resort West Baden-Ceiling ICLEF's 2013 Masters Series Conference, July 25-27, 2013, French Lick Springs Resort & Casino & West Baden Springs Hotel & Spa, French Lick, IN

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ICLEF Slot Tournament:
Friday, July 15, 2016  •  4:30 P.M.
– Entertainment Lounge, French Lick Casino

New twists to our popular slot tournament are coming your way this year! Join us for your chance to win or simply catch up with friends and cheer on our slot tournament competitors before starting your evening at the resort! Limited to the first 60 registrants. To register for the Slot Tournament email: scottking@iclef.org.  Or to download a PDF of the 2016 Masters Series Conference Brochure & Registration form, Click Here. 

MSC-SlotT3-2013  MSC-SlotT2-2013  MSC-SlotT1-2013

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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 by Clicking Here or by calling 812-936-9300.

Enjoy a Round of Golf!
The Donald Ross Course:
The Hill Course as it was originally known was designed by Donald James Ross in 1917. Just seven years later in 1924, the course hosted the PGA Championship won by Walter Hagen. He beat the Englishman James Barnes on the 36th and final hole of the two-round match and walked away with the grand prize of $6,830. The course has hosted LPGA Championships and Senior PGA events in the years since.

Ross, an expert greens-keeper and club maker is credited with laying the groundwork for the American golf industry. His architectural firm, Donald J. Ross and Associates, designed and redesigned 400 courses throughout North America between the early 1900s and the late 1940s. Ross is one of the few golf course architects to be admitted into the World Golf Hall of Fame. As a testament to his architectural brilliance, Donald Ross course designs account for 11 of Golf Digest’s 100 Greatest Courses in the United States. After a $5 million dollar restoration effort in 2005, the Hill Course was renamed The Donald Ross Course at French Lick Resort.

The Pete Dye Course:
Golf was an important part of the history of both French Lick Springs and West Baden Springs Hotels. When the two became French Lick Resort it was obvious that it would continue to play an integral role in the overall success of the property.

The Cook Group, owners of the resort since 2005, wanted to establish their new enterprise as a true vacation spot into a historic property and a world-class golf destination. To do this, an expansion of the existing golf operation was a must. After contemplating several well-known designers they decided on Pete Dye, arguably the world’s top golf architect. Dye walked Mt. Airie – the proposed building site and concluded there was no way to build a golf course on that land. The slopes were too severe and the terrain too rugged.

Dye, not being one to give up easily, soon returned to the resort with a topographical map of the area and preliminary drawings on a napkin. He said he intended to “build the course whether they want me to or not.” The course officially opened in the spring of 2009 and held its first major PGA event by the summer of 2010. Mike Small was crowned the PNC Champion that year.

The Valley Links Course:
The Valley Links course was commissioned in 1907 by Thomas Taggart as one of his many improvements to French Lick Springs Hotel. Taggart hired storied course designer Tom Bendelow to design the first championship golf course at the hotel in 1907. At the time, it was known as The Valley Course and had eighteen holes. Later, after French Lick Springs Hotel was purchased by the COOK Group, Incorporated, The Valley Course was redesigned, through a partnership with US Kids Golf, into the family-friendly nine-hole course that exists today.
It is recommended that reservations for the French Lick Resort Golf Courses be made prior to your arrival. For golf reservations call 812-936-9300.

ICLEF's 2013 Masters Series Conference, July 25-27, 2013, French Lick Springs Resort & Casino & West Baden Springs Hotel & Spa, French Lick, IN ICLEF's 2013 Masters Series Conference, July 25-27, 2013, French Lick Springs Resort & Casino & West Baden Springs Hotel & Spa, French Lick, IN

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
Offering the best in classic American sophistication and leisure, tranquility is redefined at the 27,000 sq. ft. Spa at French Lick. Enjoy décor and treatments that are inspired by the great spas throughout the United States. It is recommended that reservations for the French Lick Resort Spas be made prior to arrival. For spa reservations call 812-936-5819.

ICLEF's 2013 Masters Series Conference, July 25-27, 2013, French Lick Springs Resort & Casino & West Baden Springs Hotel & Spa, French Lick, IN  ICLEF's 2013 Masters Series Conference, July 25-27, 2013, French Lick Springs Resort & Casino & West Baden Springs Hotel & Spa, French Lick, IN

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

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Law Tips: Beware of the Potential for Conflicts of Interest With Your Elder Law Clients

Originally published June 2, 2015

According to the most recent data available to the Department of Health and Human Services the population of Individuals who are 65 years or older was approximately 39.6 million in 2009. This equated to 12.9% of the total U.S. population for an equivalent of one in every eight Americans. It is estimated that by 2030 there will be 72.1 million individuals who are at least 65 years of age. There are unique and complex issues that elder law attorneys encounter when dealing with a population that has decreased mental capacity, suffer from disabilities, or clients who want family involvement when making end of life decisions.

Matthew Moore and Allen Reece, Indianapolis Elder Law attorneys, focus on the crucial ethical issues involved as faculty for ICLEF’s Elder Law Institute. Potential for conflicts of interest is a prime area of concern they point to. I appreciate Matt and Allen’s helpful review of this topic for Law Tips readers.

Beware of the Potential for Conflicts of Interest
It is extremely common for elder law attorneys to be approached by a group of multiple family members to address what they feel is a “family” issue. It is also common for the elder law attorney to be asked to draft the estate plans for spouses, children, and/or relatives of current and former clients. Identifying potential issues at the outset of the representation and informing the client of potential conflicts is critical for all attorneys, especially the elder law attorney.

Indiana Rules of Professional Conduct (IRPC) Rule 1.7 & 1.8 primarily address the attorney’s duties and obligations as far as conflict of interest situations, but overall any rule outlined in the IRPC should be reviewed and considered by the attorney when dealing with multiple clients where a conflict may become present. (Also review IPRC 1.9 & 1.10 dealing with conflict situations.)

Joint and Separate Representation
National Academy of Elder Law Attorneys’ (NAELA) Aspirational Standards identify joint and separate as the two types of attorney representations that may exist in multiple party/client situations. A joint representation is an attorney-client relationship whereby all confidences are shared between the clients and a separate representation is where confidences are not shared.1  In both situations it is imperative that the attorney explain to all affected parties the different types of representation and received informed consent if the parties wish to waive any confidences associated with these types of representations.

The IRPC states: “… the prevailing rule is that, as between commonly represented clients, the privilege does not attach. Hence, it must be assumed that if litigation eventuates between the clients, the privilege will not protect any such communications, and the clients should be so advised. 2 “ Thus in most estate planning situations the assumption is that any information shared by any party with the attorney will be shared with the other party. The lawyer should, at the outset of the common representation and as part of the process of obtaining each client’s informed consent, advise each client that information will be shared and that the lawyer may have to withdraw from representing one or more or all of the common clients if one client decides that some matter material to the representation should be kept from the others.” Id. Comment 31.

It is advisable that this disclosure be made in the initial engagement letter with the clients that is signed and returned. It could be argued that failure to get this acceptance signed in writing by the client that informed consent was not obtained as required under the IRPC. Although this concept seems simple, many clients do not understand that even if their circumstances change that the attorney would be obligated to disclose any information shared with the other party. This situation is extremely common if the clients are going through a subsequent divorce or separation.

The IRPC does address a common problem that elder law attorneys may face more regularly in the future. It is more common that attorneys are dealing with blended families where one party may want to make specific provisions for their own children or there is a risk that the surviving spouse may change the estate plan to decrease or completely remove a part of the deceased spouse’s inheritance they intended to ultimately go to their prior children. The IRPC says that in limited circumstances an attorney may proceed with the representation when the clients have agreed, after being properly informed, that the lawyer will keep certain information confidential. Id.

Thus it is imperative for the client to get a general back ground of the client’s situation before addressing any information that may be confidential. An initial information sheet should ask for family background including any prior divorces and the relationship of all children or potential heirs to the client. The attorney should then address the pros and cons of moving forward with a common representation with the clients before discussing specific information related to any estate plan. If the clients are unsure as to whether they wish to proceed or if the attorney feels that the parties’ estate plan could create a situation for conflicting interest it would be advisable to recommend that one of the parties obtain separate representation at the outset of the case. Failure to recognize these issues early may result in a situation where the attorney is forced to withdraw his or her representation if potential issues were not discussed at the outset.

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1 NAELA Aspirational Standards Pg. 10

2 IRPC Rule 1.7 Comment 30.

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About our Law Tips faculty participants:
Matthew C. Moore, partner, Fechtman & Moore, Indianapolis, focuses his practice on estate and trust administration, Medicare set aside issues, Medicaid planning, and estate planning for families with special needs children. He graduated from Franklin College in 2003 with a Bachelors of Arts Degree in Political Science. Then received his Juris Doctorate in 2006 from Indiana University School of Law-Indianapolis.

Allen Reece, Frank & Kraft, P.C., Indianapolis, focuses his practice on the fields of estate and elder law planning. Mr. Reece is a member of the Indiana State Bar Association, including the sections of Elder Law and Probate, Trust, & Real Property; the American Bar Association; the National Academy of Elder Law Attorneys; and the American Academy of Estate Planning Attorneys. He is a frequent speaker at seminars. Allen was formerly Vice President at Deutsche Bank Alex. Brown

About our Law Tips blogger:
Nancy Hurley has long-standing connections with Indiana lawyers. She was formerly a member of the ISBA and IBF staffs for over 30 years. Nancy’s latest lifestyle venture is with ICLEF. We are utilizing her exceptional writing and interviewing skills while exploring how her Indiana-lawyer background fits with ICLEF’s needs. When she isn’t ferreting out new topics for Law Tips, her work can be found in our Speaker Spotlight blogs, postings on the ICLEF Facebook and Twitter pages, and other places her legal experience lends itself.

Thank you for reading Law Tips. You may subscribe to this weekly blog through the RSS link at the top of this page.  Also, you are encouraged to comment below or email Nancy. She welcomes your input as she continues to sift through the treasure trove of knowledge of our CLE faculty to share with you.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Law Tips: Expert Input on Estate Planning for Digital Assets – With Forms!

It’s my pleasure to share with you a timely pointer from John O’Drobinak, ICLEF Estate Planning faculty member. Mr. O’Drobinak reminds fellow practitioners of the importance of assisting clients with a plan for their digital assets. Getting to the heart of the matter, he’s also providing the forms he uses in his practice.

Digital assets are becoming commonplace in estates and trusts. The fiduciaries charged with the valuation and access to the Decedent’s assets now face a new challenge. This challenge is not one traditionally encountered.

Digital assets consist of information that is electronically stored or accessed on an electronic device. It can be stored on hardware or in online accounts. This could be for social networking and media sites, blogs, cloud storage, banking services, and investment services. Even if the fiduciary knows that these are digital assets, accessing them may still be a problem.

The only way to insure against this is for the Decedent to prepare a list of digital assets and passwords. Needless to say, this must remain confidential, and needs to be updated from time to time.

To access the forms that Jack utilizes to insure his clients digital assets are handled per their wishes and efficiently click here: Confidential Record of Digital Assets-Passwords

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Gather more beneficial pointers from our expert panel during the 120 Hot Tips in Estate, Trust and Probate Practice CLE. This program is available on our Video Replay calendar or as an On Demand CLE option.

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About our Law Tips faculty participants:
John M. O’Drobinak, O’Drobinak & Nowaczyk, P.C., Schererville, IN
Mr. O’Drobinak has practiced law in Lake County, Indiana, since 1960. He graduated cum laude from the University of Notre Dame in 1957 and received his Juris Doctor Degree from Indiana University in 1960. An attorney with a broad range of experience, Jack’s areas of concentration include estate planning, guardianships, trusts and probate. A widely sought speaker and seminar leader, Mr. O’Drobinak frequently makes presentations in the fields of estate planning, probate and pre-disability planning

About our Law Tips blogger:
Nancy Hurley has long-standing connections with Indiana lawyers. She was formerly a member of the ISBA and IBF staffs for over 30 years. Nancy’s latest lifestyle venture is with ICLEF. We are utilizing her exceptional writing and interviewing skills while exploring how her Indiana-lawyer background fits with ICLEF’s needs. When she isn’t ferreting out new topics for Law Tips, her work can be found in our Speaker Spotlight blogs, postings on the ICLEF Facebook and Twitter pages, and other places her legal experience lends itself.

Thank you for reading Law Tips. You may subscribe to this weekly blog through the RSS link at the top of this page.  Also, you are encouraged to comment below or email Nancy. She welcomes your input as she continues to sift through the treasure trove of knowledge of our CLE faculty to share with you.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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