Tag Archive | "law office management"

MSC-SlotT3-2013

2014 Masters Series Summer Conference

This years Masters Series Summer ConferenceTM will be held Thursday, July 17th through Saturday, July 19th, 2014, at the beautiful French Lick Springs Resort & Casino & West Baden Springs Resort, in French Lick, Indiana. Attendance will be limited so register soon!

Four of ICLEF’s Masters Series programs will meet concurrently Friday and Saturday, July 18-19, 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 at www.FrenchLick.com or by calling 812-936-9300.

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 2014 Masters Series ConferenceTM Brochure & Registration form, Click Here.

Pardon the Interruption: Ethics! – 3 CLE / 3 E
– James J. Bell, Bingham Greenebaum Doll LLP, Indianapolis
– Charles “Chuck” M. Kidd, Indiana Supreme Court Disciplinary Commission
– Kevin P. McGoff, Bingham Greenebaum Doll, LLP
– Margaret “Meg” M. Christensen, Bingham Greenebaum Doll, LLP

Advanced Individual Bankruptcy Chapters 7, 11 & 13 – 6 CLE / 1 E
Program Chairs:
– Mark S. Zuckerberg, Bankruptcy Offices of Mark S. Zuckerberg P.C., Indianapolis
– Deborah J. Caruso, Dale & Eke Professional Corporation, Indianapolis

Advanced Business Succession Planning – 6 CLE
Program Chair:
– Jeanne E. Longsworth, Longsworth Law LLC, Fort Wayne

Advanced Issues in Family Law – 6 CLE
Program Chair:
– Kendra G. Gjerdingen, Mallor Grodner LLP, Bloomington

Negotiation Strategies within Mediation – 6 CLE / 6 CME / 1 E
Program Chairs:
– Martin E. Latz, Latz Negotiation Institute
– Samuel R. Ardery, Bunger & Robertson, Bloomington

 

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 17, 2014
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
                        – Alan M. Hux, Masters Series ConferenceTM 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)
                                         Join us for our welcoming reception with complementary drinks and heavy h’orderves

Friday, July 18, 2014
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 2014 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

3:00 P.M.     Historic West Baden Tour
                   (Open to All Registrants & Guests for $10. Proceeds benefit Indiana Landmarks,
                    a Nonprofit Organization. See Below for more information)

4:00 P.M. – 6:00 P.M.     ICLEF Private Slot Tournament
                                        (Open to All Registrants & Guests. See Below for more information)
                                        - Entertainment Lounge, French Lick Casino

To download a PDF of the 2014 Masters Series ConferenceTM Brochure & Registration form, Click Here.

Saturday, July 19, 2014

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 18, 2014 • 3:00 P.M. – 4:00 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 $10 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 2014 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 18, 2014  •  4:00 P.M.– 6:00 P.M.
- Entertainment Lounge, French Lick Casino

Reigning Tournament Slot King
L. Tyler Spies, Deatrick & Spies PSC, Louisville, KY

A new twist to our popular slot tournament this year! Tournament Participants and Conference attendees alike will join us for our private reception in the French Lick Casino.  The first 60 Slot Tournament registrants will receive two complimentary drink tickets while a cash bar and complimentary h’orderves will be available for all of our conference guests and tournament players.  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!

To register for the Slot Tournament email: scottking@iclef.org.  Or to download a PDF of the 2014 Masters Series Conference Brochure & Registration form, Click Here. 

MSC-SlotT3-2013  MSC-SlotT2-2013  MSC-SlotT1-2013 MSC-SlotKing-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 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.

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
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

Posted in Highlighted Seminars0 Comments

How to Be Seriously Ethical and an Effective Lawyer – LIVE SEMINAR TOMORROW!

“This seminar greatly exceeded my expectations. It was presented in a thought-provoking way, with details on how to apply it in the future. This is probably the best seminar I have ever attended.”

“He did a great job. Made my once every three years exposure to ethics far more interesting than in the past.”

“Thanks. A great opportunity to focus my energies in the direction I want to go in.”

These are just a few comments made by prior attendees of Professor Gross Schaefer’s ethics and practice management seminar.

For this reason, we are proud to welcome back to ICLEF on June 19th Professor Arthur Gross Schaefer for another installment of his 6 CLE / 6 Ethics seminar How to be a Seriously Ethical & Effective Lawyer.

This seminar is designed to give you a refreshing look at ethics, your firm and yourself.  It will also give you four immediately useable tools for creating a renewed and ethical firm and self:

  • Better organize your practice and your life in an integrated and purposeful manner (whether in a law firm or corporate setting)
  • Develop common goals, greater consensus and cooperation in your  organization
  • Resolve complex conflicts and thorny issues quickly
  • Improve firm wellness

Our program can be attended live in-person or can be enjoyed via group or individual webcast.  So, take that first step toward enhancing you practice and yourself by joining us in June.

HOW TO BE A SERIOUSLY ETHICAL & AN EFFECTIVE LAWYER:
Finding Renewed Meaning in the Practice of Law

6 CLE / 6 ENational Speaker Series Featuring Prof. Author Gross Schaefer
Thursday, June 19, 2014   9:00 A.M. – 4:30 P.M.

LIVE IN-PERSON SEMINAR
ICLEF Conference Facility, Indianapolis

LIVE GROUP WEBCAST SEMINAR
Ice Miller LLP, Indianapolis

LIVE INDIVIDUAL WEBCAST
From your office or home computer or tablet

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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Tips on Representing Attorneys In Fact

An increased reliance upon Durable Power of Attorney appointments as analternative to a guardianship has placed more people in a position to assist others as attorneys-in-fact. Such relationships can be of tremendous benefit to the principal, can help to maintain the principal’s independence, and can help and ease the transitional changes in an elderly person’s lifestyle.

Our Law Tips faculty participant, Nathan S. J. Williams, Shambaugh, Kast, Beck & Williams, LLP, Fort Wayne, provides CLE training on Representing Attorneys-In-Fact during the popular 120 Hot Tips in Probate, Guardianships,Trusts and Tax seminar. I am appreciative that Nathan is passing along to our readers some of his timely guidance:

1. Pay Attention to Ethical Issues.

Specifically, identify who your client is. This is a fundamental issue, and the lines can become blurry in certain circumstances. For instance, assume that you represented a client with respect to his or her estate planning, and have prepared a Durable Power of Attorney for him or her. If the agent appointed in that document comes to you for counsel, are they your client or is the principal?  It is not necessarily and not likely a conflict of interest to represent both the principal and agent. However, there are situations in which the issue may become relevant:

A. Attorney-client privilege. If a dispute develops between the agent and the principal- or, more likely, between the agent and the principal’s children or heirs – then it will be of benefit to the agent to be able to clearly identify that the attorney represents him or her.

B. Claim for the expense of defense. If an accounting is demanded of an attorney-in-fact, he or she has a claim under Indiana Code §30-5-6-4.5 to recover the cost of his or her legal counsel in defending the accounting. That claim is much easier to assert and process if the agent can clearly identify his or her attorney.

2. Document Everything

Record-keeping is one thing, and is addressed separately, below. This has more to do with documenting instructions and conversations than it does with documenting transactions.  One of the primary duties of an attorney-in-fact is to carry out the wishes and instructions of the principal. Those instructions are often informal and verbal, rather than in writing. Proof of those instructions in the event of a later demanded accounting or an action seeking to hold the attorney-in-fact liable for breaches of fiduciary duty may be difficult if not impossible (by operation, among other things, of the dead-man’s statute).

As such, it can be imperative for an attorney-in-fact to verify instructions by having them reduced to writing by the principal or by having an independent witness to the instructions. Such actions may seem awkward, but may be lifesavers later on.

One element of documentation that is an absolute must: any arrangements between the principal and agent that allow/direct the agent to be compensated for his or her actions as attorney-in-fact. Undocumented statements that “Mom wanted me to be paid for the work which I did” are not worth the paper they are not written on.

3. Avoid Commingling

This is a practical recommendation, but any transaction done on behalf of the principal should be conducted as a separate transaction. If the agent wants to buy the principal some groceries or a dinner, that’s fine. If the agent wants to be reimbursed by the principal for anything purchased for him or her, then the agent should have a separate transaction, with a separate, dated receipt that shows what was purchased for the principal.

4. Keep Good Records

Some people are compulsive record keepers. Others are not. For the client who is a bit more relaxed on record-keeping, strong recommendation should be made to work hard at maintaining clear and accurate records.  And organized records are much better than the proverbial shoe box (while the shoe box is better than nothing at all).

Some practical suggestions:

A. Conduct transactions on behalf of the principal by check. Cash transactions are too difficult to tie back together. Debit cards are also, and can provide too great a temptation.

B. Keep copies of bank statements. And the best bank statements are those which provide copies of the checks with them. If that is an additional charge for the account, it is likely well worth it.

5. Be an Open Book

Indiana Code §30-5-6-4 specifies who can request an accounting by the attorney-in-fact.  An argument can be made that the only people who can request an accounting from the attorney-in-fact during the principal’s lifetime are the principal and a guardian appointed for the principal.

A recommendation: don’t make that argument. If a child of the principal, or some legitimately interested party makes a request for information about transactions done on behalf of the principal, there is not much to be gained by the attorney-in-fact to decline to provide that information. Accountability is a hallmark of fiduciary relationships. Reluctance or refusal to account only engenders distrust and fosters disputes.

A well-drafted Durable Power of Attorney document can and should include specifics on the duty of an attorney-in-fact to account, and the means by which the agent can satisfy that duty. In the absence of such specifics, and particularly in situations which seem to be ripe for dispute, an attorney should counsel an attorney-in-fact client to be affirmative and proactive in rendering regular, complete and accurate information on the administration of matters for the principal.

In summary, Nathan Williams offers this counsel:  The attorney-in-fact acts as a fiduciary. As such, while the role is one that allows for the agent to provide great benefit to the principal, it is also fraught with liability.  Good counsel, at the outset, throughout, and at the conclusion of the attorney-in-fact’s role can be critical to optimizing the relationship and providing the greatest good for the greatest number.

The opportunity to attend the 120 Hot Tips in Probate, Guardianships, Trusts and Tax is coming up in the next few months in several locations around Indiana.  Click Here for more info.

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About our Law Tips faculty participant:
Nathan S.J. Williams practices law in Fort Wayne, Indiana, at Shambaugh, Kast, Beck & Williams, LLP. His areas of practice include estate and personal planning, estate and trust administration, guardianships, probate litigation, charities, business organizations, general litigation, and taxation.  He explains: “I came to work in these particular areas because I truly enjoy the role of attorney as a counselor, helping clients meet their goals and personal objectives. I often work with individuals or families where there is a special need or disability, putting to use my education and expenence.”

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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Making the Case for Social Media

By Cynthia Sharp, The Sharper Lawyer

By now, most attorneys have developed at least passing familiarity with social media applications – even if they haven’t jumped on the bandwagon. Attorney websites are relatively commonplace by now and a significant number of lawyers maintain blogs.

Over the past decade, we have witnessed the warp speed evolution of social networking sites such as facebook, linked in, twitter, pinterest, youtube and the newest kid on the block – vine (owned by twitter) allowing users to post six second video clips. The potential implications for the modern practitioner and ultimately the client are unlimited. Yet, many remain reluctant to create an online presence and/or participate in the rapidly expanding social media conversation.

Many lawyers hold back believing the social media world to be irrelevant (and thus a waste of time) in large part due to the perception of useless chatter, neglecting to realize that we all filter out useless information thrown our way every single day. Developing a “cyber filter” is relatively easy – once you discover who offers information valuable to you. Simply filter out data and noise not pertinent to you – and develop a strategy for “cyber socialization” so that time is in fact not wasted. By the way, the amount of time to commit on a daily or weekly basis is an individual choice. The most important point is to use the time in an efficient manner.

Some feel overwhelmed by the whole concept and don’t know where to begin. This is particularly true with the “digital immigrant” which includes me and others born before the onset of digital technology. Like all new material, there is definitely a learning curve. But, with consistency and persistence, any lawyer can become reasonably proficient in using the tools for the benefit of their practice. After all, you made it through law school and passed the bar. Start by taking advantage of one of the many FREE webinars offered online or better yet, attend CLE presentations offered at ABA Conferences. The topic is covered in detail in several excellent books published by the ABA and GP Solo as well as other publications routinely featuring up to date articles and columns.

Despite the voice of the naysayers, the number of attorneys embracing social media continues to escalate.  For example, according to The 2013 Legal Technology Survey Report (as reported in the June 2013 issue of the ABA JOURNAL), 55.8% of surveyed lawyers use LinkedIn compared with 36.4% in 2011. Legal topic blogs drove business to 38.1% of those surveyed.*  It’s time to join the club!  Social media is not only a powerful marketing and networking tool but has gained widespread use for case investigation for lawyers who wish to leave no stone unturned. It is also a valuable research tool. It has even earned its place in the courtroom. Future columns will be devoted to discussion of the myriad of ways that lawyers can benefit from a social media presence and exploration of the accompanying ethical issues.

The most compelling reason cited by many lawyers for shying away from the social media revolution is a concern about ethical implications. Indeed, the door has been opened to new, unexplored and perhaps unexpected issues. After all, ANY online post that an attorney makes may be a form of communication and/or advertising governed by the ethics rules in most jurisdictions. However, becoming conversant with the rules and using common sense should help obviate that concern.

Amendments to the Model Rules of Professional Conduct adopted by the ABA House of Delegates in August of 2012 address issues relating to Technology and Client Development and Confidentiality. A close reading of the new rules (including the comments) will shed insight onto proper behavior. While not directly applicable to a practitioner until adopted in the state of licensure, they are relevant in that they provide significant guidance and insight into new frontiers.

Notably, Comment 6 to Model Rule 1.1 (competence) which previously stated that “…a lawyer should keep abreast of changes in the law and its practice and skill” has been amended to specifically include knowledge of “the benefits and risks associated with technology” within this obligation. It therefore appears that an attorney choosing to stay behind the times may risk ethical exposure. According to a survey completed by the American Academy of Matrimonial Attorneys in 2010, 81% of the organization’s members have seen an increase in the use of social media in the fact finding and discovery process. (I suspect that the number will be higher when the survey is conducted again.) If your firm fails to take advantage of social media tools – available to all – are you in fact living up to your ethical obligations?

In the next column, we will explore marketing and ethics in the social media arena.

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Cynthia Sharp (cindy@thesharperlawyer.com) is Director of Attorney Development at The Sharper Lawyer located in Philadelphia, Pennsylvania.  As a professional CLE instructor and attorney business coach, Cindy has established a national presence as an author and speaker on topics of ethics in the context of practice management, social media and technology – lecturing extensively to law firms, bar associations and other legal organizations.

Ms. Sharp’s Indianapolis and Merrillville seminar, Strategies for Taking Charge of Your Law Practice, has been completed however, you can still view the Video Replay or the Online/On Demand Seminar by Clicking Here.

ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN

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