Indiana Continuing Legal Education Forum – ICLEF

This years Masters Series Summer Conference^TM 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^TM 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^TM 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

______________________________________________________________________

Masters Series Conference^TM 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^TM Registration Open
                        - Level 2 Conference Facility Area
1:50 P.M.        Welcome & Introduction
                        - Alan M. Hux, Masters Series Conference^TM 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^TM 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 2013 Masters Series Conference^TM
                      - 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^TM Brochure & Registration form, Click Here.

Saturday, July 27, 2013
7:30 A.M.      ICLEF Master’s Series Conference^TM 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^TM
                    - Level 1 Conference Center
12:15 P.M.    Conference Adjourns

______________________________________________________________________

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^TM 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. 

______________________________________________________________________

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^TM 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.

______________________________________________________________________

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

This program is no longer available. Please join us next year.

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

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.

This program is no longer available. Please join us next year.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

The information provided on this blog is provided for informational purposes only and should not be used as a substitute for professional advice. ICLEF assumes no liability for the content of this blog.

Dear Bell:

Although becoming a criminal defense lawyer over 12 years ago has been one of the true blessings in my life, I am now 52 and growing ever-more weary dealing with other people’s crises day in and day out.  And even though I believe there is truth to the suggestion that “the only real joy in this world is helping other people,” how do I put this . . . ?  I’m tired.

Was Rumi right when he proclaimed:  “Your legs will get heavy and tired.  Then comes a moment of feeling the wings you’ve grown, lifting”?  Or is this all just horse-puckey?

Sincerely,

Bedraggled in Bloomfield

Dear Bedraggled:

Buck up. I am not big on quoting theologians like you, but I do know that Big Daddy Kane once said “pimpin’ ain’t easy.” Well guess what? Lawyer’n’ ain’t easy either. We should expect this job to be a challenge.

Nevertheless, please know that I can relate to what you are going through. As an Amateur Life Coach, I carry the imagined burdens of all my imagined readers and I know how you feel.

In order to give you some real advice, I consulted with a licensed therapist who gave you a preliminary diagnosis of “burnout.” Lucky for all of us, she also gave you the following “Top 10 Ways to Take Good Care of Yourself/Avoid Burnout.” Here they are:

1. Sleep a minimum of 7 ½ hours per night;
2. Eat your fruits and vegetables and avoid junk food and soda;
3. Spend time with your family having fun;
4. Work fewer hours but be more productive when you are at work;
5. Read the book “Co-Dependent No More” (to make sure your client problems don’t become yours);
6. Spend time talking with other attorneys about how they avoid taking on their client’s problems;
7. Join a book club;
8. Find a hobby you enjoy and do it;
9. Buy a relaxation CD and use it once a day; and
10. Don’t keep clients who don’t pay you.

Good thing I consulted with a licensed therapist.  My advice would have been to drink 12 Pabst Blue Ribbons and call me in the morning.  I like her Top 10 better.

So take the afternoon off, go home, eat well, get a good night of sleep and come in re-charged to take on the world tomorrow.  And don’t forget that people love you and think you are a great lawyer.  (At least, that’s what your mom said after she told me you were whining too much and getting on her nerves.)

Hope this helps.

Sincerely,

Bell
Amateur Life Coach

_________________________________________________________________________________ 

Dear Bell:

Matthew McConaughey is pretty cool and looks great without a shirt on, but has he ever played a lawyer as good as Atticus Finch?

Sincerely,

Wondering in Wawasee

Dear Wondering:

I haven’t seen all of McConaughey’s movies, but he was pretty smooth as “The Lincoln Lawyer” and he pulled a rabbit out of his hat in “A Time to Kill.” I can’t remember “Amistad” well enough to grade his performance, but it doesn’t matter.

Everyone knows that Atticus Finch is the greatest lawyer that never lived. He defended Tom Robinson with a sense of optimism and thirst for justice that even the best lawyers lose sight of.  Even though he lost the only case we ever saw him try, we can’t hold that against Atticus. That would be like saying Eli is better than Peyton because Eli was on a team that won two Super Bowls, when Peyton carried his whole team for years only to get one Super Bowl ring. Everyone knows Peyton is the better quarterback and everyone knows Atticus tops any lawyer played by Matthew McConaughey – with or without a shirt.

Hope this helps.

Sincerely,

Bell
Amateur Life Coach

_________________________________________________________________________________

Dear Bell:

I heard there is a guy in Florida who bills $1600 an hour. Can an attorney do that? Would you do that?

Sincerely,

Envious in Ellettsville

Dear Envious:

Whether an attorney can do this depends on who, what, where and (maybe even) why. Look at the factors laid out in Rule 1.5(a) of the Indiana Rules of Professional Conduct to determine whether the fee is reasonable. The Rule takes into account the attorney’s “reputation” and “experience,” “the fee customarily charged in the locality for similar legal services” and the “time and labor required.” So even this fee could potentially be reasonable if this is how lawyers roll in Florida and this guy has an excellent reputation for handling complex cases.

Would I ever charge $1600 an hour?  No way. First of all, if I did, I wouldn’t have any clients. But even if I did have clients, I would still not charge that much. Why? Because I am afraid that if I charged $1600 an hour that I could only force myself to work one hour a day. Then what would happen to me?

Lots of things. My blood pressure and my cholesterol level would decrease to medically acceptable parameters. I would have time to exercise, hang out with my family and do things around the house that I have been putting off. When I envision the “me” who only works one hour a day, I picture a much younger looking version of myself. It is a picture of a man standing in his front yard on a sunny day, with his two young daughters standing next to him. The man is wearing a backpack. I don’t know where he is going, but I am sure it is somewhere fun.

The “me” I envision is in shape and has a slight, natural, non-spray, non-John Boehner looking tan. As I look more closely at myself, I notice that my forehead looks smaller because I have somehow regenerated the hair that I have been busy losing during my legal career. It is a happy, healthy, hairy, handsome, relaxed and otherwise completely unrecognizable version of “me.”

The way I see it, billing $1600 an hour could make me a complete and balanced person who thinks he is perfect.  And who wants to get advice from an Amateur Life Coach who thinks he is so damn perfect?  No one. (Actually, no one seems to want to get any advice from an Amateur Life Coach who knows he is not perfect. But I digress.) If we got advice from people who thought they were perfect, we would all get our advice from Alec Baldwin, Tom Cruise and Donald Trump. Forget that.

So no thanks. Rather than get paid $1600 an hour, I will stick to the healthy and reasonable sum that ICLEF pays me to do this blog and conduct seminars throughout the year. This sum takes into account my “reputation” and “experience,” and “the fee customarily charged in the locality for similar legal services”, so that sum is zero.

Hope this helps.

Sincerely,

Bell
Amateur Life Coach

_________________________________________________________________________________

James focuses his practice in the areas of criminal defense, attorneys discipline defense and health care law. As a Marion County Public Defender, he represented clients in numerous jury and bench trials. James also represents clients in juvenile delinquency, appeals and post-conviction proceedings. James is a frequent ICLEF speaker on ethics, trial practice and criminal procedure. As of January 2013, he began serving as an adjunct professor at the Indiana University Robert H. McKinney School of Law where he teaches a course on professional responsibility. To date, no student has yet stood on their desk and shouted “Oh captain, my captain!” Follow James on Twitter @jamesjbell

Questions for the Amateur Life Coach?  Email them to scottking@iclef.org.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

Avoid the Problem of Unintended Representation! Part 1
By Cynthia Sharp, The Sharper Lawyer      To read Part II, click here

Imagine the following scenario: A potential client consults with you to seek an opinion as to the merits of a potential cause of action. You tell him or her that you don’t think that there is a case but that because of your lack of expertise in this area of the law, he or she needs to consult with another lawyer “promptly”. You do not follow up with correspondence rejecting the matter. The person then consults with another attorney (after expiration of the statute of limitations) and finds that the case is (or was) actually very good.

You are then slapped with a malpractice suit for giving bad advice regarding the viability of the claim.  Plaintiff’s testimony that you neither revealed your lack of expertise nor recommended consultation with another firm is found to be credible at trial. Even though no retainer agreement was signed and no fee was paid, the existence of an attorney/client relationship is found and you are liable for the client’s failure to pursue legal representation.

This is basically what happened in Togstad v. Vesely, Otto, Miller & Keef, 291 N.W.2d 686 (Min. 1980). While the case is not new, the lesson remains the same: ALWAYS SEND A WRITTEN NON-ENGAGEMENT LETTER WHEN YOU ARE NOT FORMALLY RETAINED. (Thanks to Ben Wasserman for bringing this case to our attention in his October 15, 2009 post - Liability to Prospective Clients: The Non-Engagement Letter .)

A non-engagement letter is ALWAYS necessary where a lawyer never actually undertakes representation of a potential or even existing client in a specific matter. This precept remains true whether the decision not to establish a formal relationship is that of the attorney or of the client.

In drafting the letter, the following topics need to be covered:

1. Describe the client’s matter.

2. Clearly state that the lawyer has not been engaged by and does not represent the client in the matter.

3. Recommend consultation with another attorney

a.  Consider that if you recommend an attorney or give a specific time frame, it could
be found that you rendered legal advice.

4. State that you did not conduct research or investigation and are therefore not in a position to render an opinion as to the merits of the case.

5. Inform the client that there could be time limitations that apply to the matter and that failure to comply with these limitations will be detrimental to the case.

6. Send the letter return receipt requested and keep the letter along with the return receipt on file.

 _________________________________________________________________________________

Effective use of retainer, non-engagement and termination letters (AND MUCH MORE!) will be covered in depth at the upcoming CLE session: Take Charge of your Life – Personal and Professional presented by Cynthia Sharp on March 14.  - This program has been completed. Thanks to Cynthia Sharp and to those in attendance.

To read Part II, click here

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN