The Summation February 2016 The Monthly Newsletter of the Evansville Bar Association PRESIDENT’S MESSAGE 401 SE 6th Street, Suite 101 Evansville, IN 47713 812-463-3201 www.evvbar.org Inside this issue: EBA News 2 VLP News 2 Tech Tip 2 Bar Updates 3 Committee and Section Meetings 3 EBF 4 CLE Offerings 5 EBA Calendar 6 By: Steve Hoar During my sophomore year in college in 1992, I spent a semester in Washington D.C. as a congressional intern. I had a fascinating, front-row seat to the making of law. I was awed by the Capitol and would sometimes steal away reflective moments in the Rotunda among the relics of our nation. My time at the heart of democracy encouraged me along my path to the law. My oldest children, twin daughters, just turned 11 years old, an age at which they are becoming aware of the world around them and could begin learning about the issues of our day. Unfortunately, much has changed in politics since 1992. Incivility dominates the landscape. We are ANGRY!!! We want our leaders to tell it like it is. Respect and courtesy are undesirable characteristics of the weak and politically correct. Our presidents, no matter of which party, are compared to Hitler. Given this venomous environment, if one of the girls comes walking into the room while I’m watching a presidential debate, I simply turn the TV off. Threads of incivility are part of the fabric of American history. An extreme example is the 1856 caning of Massachusetts Senator Charles Sumner. Sumner spoke out against the Kansas-Nebraska Act and one of its authors, South Carolina Senator Andrew Butler. Sumner went so far as to mock Butler’s speech impediment caused by a recent stroke. Butler’s cousin, Congressman Preston Brooks, also from South Carolina, had observed Sumner’s speech and thought it was an insult to his cousin and their state. Avenging this insult, Brooks confronted Sumner at his desk on the Senate floor and repeatedly struck Sumner with a cane until Sumner was nearly dead. Today, technology makes incivility more efficient and widespread. The anonymity of the internet frees the poster from inhibition and social norms. Social media is used to attack our leaders, and sometimes each other, with piercing cruelty. Our children live in the age of the cyberbully. The coarseness of our politics is reflected in, or perhaps a reflection of, incivility in our society as a whole. Lawyers have a special responsibility to resist society’s descent to incivility. We routinely deal with contentious issues. Our clients may despise each other and expect us to be their junkyard dogs. The adversarial system is designed to produce just results, but its participants, including the lawyers, can be battered in the process. Incivility may be a trait popular culture assigns to successful lawyers, but wise lawyers know better: Incivility is ineffective. No deal is closed because one party tries to intimidate the other. No judge grants a motion because a lawyer calls opposing counsel’s argument disingenuous. No jury is impressed by a lawyer treating an adverse witness with derision. Incivility is unhealthy. It raises stress levels and releases stress hormones into the bloodstream. Blood pressure rises. The immune system is weakened. Repeated activation of the stress response could eventually lead to cardiovascular disease and other illness. Incivility erodes the rule of law. Public confidence in the justice system is diminished when lawyers bad-mouth each other or judges. Costs soar as lawyers battle over issues having little to do with resolution of the dispute, making justice more inaccessible. Thankfully, we Evansville lawyers are privileged to practice law in a local bar renowned for its civility. We are a close-knit group that understands zealous advocacy does not require tearing down each other. We even have our own Code of Professional Courtesy, The EBA remains committed to fostering an environment that promotes civility. I am proud to be an Evansville lawyer. And while our nation’s politics may not inspire me the way they did in 1992, I am now inspired by my fellow members of the bar and our ability to work together in service to the rule of law. Page 2 Page 2 News From the EBA Board of Directors The Board unanimously approved continuing the policy of offering free CLE to staff attorneys at Legal Aid, the Volunteer Lawyer Program and Indiana Legal Services during the 2016 calendar year. The Board adopted a policy stating that effective with 2017 dues, dues payments received after February 15 will incur a 10% late fee. The Board confirmed the policy that the EBA will not give attendee lists or attendee contact information to sponsors /underwriters of EBA events. The Board reviewed the 2015 financials noting that the EBA ended the 2015 fiscal year with approximately $6000 net income. LAWYERS LUNCH CLUB Are you a newer attorney that could use a mentor? Are you a seasoned attorney that wishes you knew more of the newer members of our Bar? Are you an attorney that loves to tell or hear the great stories of the many amazing attorneys that have made up our great Bar? Maybe you want a networking opportunity or maybe you just like hanging out with other Lawyers? Sign up to join the lawyers lunch club! The Membership Taskforce will place members in fun groups of 6, making sure each group contains a great mix of experience, practice area etc. Just e-mail eba@evvbar.org or call 463.3201 to join the club! EBA - VLP Awards Luncheon Wednesday, March 16 Noon Tropicana Evansville - Conference Center MAKE YOUR RESERVATIONS TODAY!! Don’t miss this annual awards and support staff appreciation event. Please bring your legal support staff to enjoy this wonderful event. Register on-line at www.evvbar.org or e-mail jeana@evvbar.org or call 812-463-3201. Cost is $15 per person. TECHNOLOGY TIP OF THE MONTH Provided by: Neil Chapman Zola Suite Practice Management: Is it the One? If you haven’t found the right fit with other cloudbased solutions like Clio, Rocket Matter or My Case, you might consider Zola Suite. Zola Suite promises best-in-class features such as Built-In Email, Built-In Accounting, and Intuitive, Fast and Fun Interface. The theme for Zola is the power of ONE: One instance of data entry for error reduction, one interface screen, one monthly fee. Speaking of, Zola prices from $49.00/month for a solo, to $99.00/month for one attorney and 2 staff members. Test drive at ZolaSuite.com. Congratulations on your Retirement Magistrate Judge Hussmann! Page 3 PageWHO’S 3 Bar Updates: Welcome to new attorney members Marjorie L. Daily, Erin E. Schmitt and Ian Blair. Please make the following changes and additions to your address book: DOING WHAT Congratulations to Joe Langerak who was elected Member of Jackson Kelly. Congratulations to Krista Weiberg and her husband on the birth of their daughter, Isabelle. Committee/Section Meetings 02/02 02/03 02/10 02/10 02/16 02/16 02/16 02/17 02/24 02/25 Family Law Section Meeting, Noon - EBA Office Access to Justice Committee Meeting, Noon - EBA Office Diversity Committee Meeting, 8:00AM - EBA Office Women Attorneys Section Meeting, 5:00PM Evansville Country Club Membership Taskforce Meeting, 8:00AM - EBA Office Young Lawyer Section Meeting, Noon - Turoni’s Main St. Paralegal Section Meeting, Noon - Willard Library Real Property Section Meeting, Noon - EBA Office CLE Committee Meeting, 11:45AM - ONB Deli EBA Executive Committee Meeting, 8:15AM - EBA Office Marjorie L. Daily Olsen & White, LLP 123 Locust St. Evansville, IN 47708 (812) 423-3143 mdaily@thelawteam.net Krystal Lechner Mead Johnson Nutrition 2400 W Lloyd Expy Evansville, IN 47712 (812) 429-5154 Krystal.Lechner@mjn.com Christopher L. Lucas Jackson Kelly, PLLC 221 NW Fifth Street Evansville, IN 47708 (812) 421-7454 cllucas@jacksonkelly.com Erin E. Schmitt Vanderburgh County Prosecutor’s Office 1N.W. MLKJr Blvd. Rm 108 Evansville, IN 47708 (812) 435-7076 eschmitt@vanderburghgov.org William Krowl Yocum Law Office 1041 N. Royal Avenue, Suite B Evansville, IN 47715 (812) 421-1865 Aaron Trump Ziemer, Stayman, Weitzel & Shoulders 20 N.W. First Street P.O. Box 916 Evansville, IN 47706-0916 (812) 424-7575 atrump@zsws.com EMPLOYMENT OPPORTUNITIES: Kightlinger & Gray, LLP, a full-service regional law firm, seeks a motivated and high-performing associate attorney for its Evansville office. Three to five years’ experience in insurance defense and business litigation. Candidates should possess superior academic credentials (top one-third of class) as well as strong verbal and written communication skills. Candidates should also be well-organized and professional, capable of meeting deadlines and juggling multiple complex projects. Please forward resume, writing samples, salary requirements and law school transcript to: resumes@k-glaw.com or fax (317) 968-8107. Blackburn & Green is seeking an Associate Attorney with 3 to 5 years to join its Evansville office. The successful applicant will have strong academic record; desire to interact with clients on a daily basis; excellent communication skills; strong organizational and multi-tasking skills; and the ability to establish priorities, meet deadlines and provide close attention to detail. Interested applicants should email a resume, professional references, and law school transcript to: mcunningham@blackburnandgreen.com Berry Plastics is looking for an IP Attorney with a minimum of 2 years IP experience. For a complete description of responsibilities and qualifications, visit the EBA website under employment opportunities. Warrick County Circuit Court Reporter Please check the EBA website under employment opportunities for a full description of the position. Anyone interested should submit their resumes by February 8, 2016 to: Warrick Circuit Court, One County Square, Suite 360 Boonville, IN 47601 or: circuitct@warrickcounty.gov Page 4 Katie Worman, President In January of each year, the EBF Treasurer calculates the funds available for that year’s grant cycle. The amount of available funds is determined by using 4.5% of the average market value of the EBF endowment at the end of the eight previous quarters, plus 2/3 of all contributions made during the calendar year less expenses. One way that the available grant funds for any given cycle can be increased is by regular contributions from donors. As you can see from the calculation, 2/3 of all contributions made during a calendar year are added to the available funds. We received $9272 in donations in 2015, and $6181 of those new donations will be added to the funds available for the 2016 grants cycle. In the coming weeks, you will receive a letter asking you to consider making a donation to the EBF. When you read this letter, please remember that 2/3 of the donation that you make this year will be added to the funds available for grants in 2017 and consider giving to the EBF this year. An EBA FAVORITE EVENT… Women Attorneys Section NIGHT OF CHOCOLATE February 10 - 5:00 PM Evansville Country Club Special Thanks to: For underwriting the event Register via e-mail eba@evvbar.org or call 812.463.3201. Indiana Bar Foundation Event in Evansville February 29 5:00PM - EBA Office From the Indiana Bar Foundation: Evansville Mixer, We the People Demonstration on February 29 The Unit 6 team from Evansville North High School will give a 20-minute demonstration of their testimony and respond to judges questions on February 29. Join Christopher Ripley, Fellow, and the Indiana Bar Foundation to listen to these students, and learn how the Foundation is expanding We the People’s reach in Indiana. The program is from 5:00 p.m. – 6:00 p.m. at the Evansville Bar Association’s (EBA) offices. Please RSVP to Kayla DeVoy at 317-608-6502 or by email. This event is open to all attorneys, judges or interested persons in the Greater Evansville community who would like to learn more about the Foundation’s mission and We the People. Invite a friend but RSVP! COURTVIEW CONFERENCE CENTER EVANSVILLE, INDIANA Opening Jan. 25 in Suite 505 of the Curtis Building • Private free-standing 500+ sq. ft. corner office conference room available for weekly, daily, and half day rental. Perfect for jury trials, bench trials, client meetings, depositions, pre-trial/settlement conferences, witness preparation and board meetings. • Conference Center overlooks and is a one minute walk to the Vanderburgh County Courthouse and the Vanderburgh County Civic Center. Two minute walk to the Federal Courthouse. • Conference Center will include private keyed entrance, 10 person conference table, secure high speed wireless and wired internet, 50” UHDTV with Bluetooth sound system, wireless copier/scanner, complimentary beverages, tablet/cell phone charging stations, work desk, additional seating and secure document shredding. • Curtis Building amenities include ample free parking, same floor restrooms, cleaning service and breakfast/lunch catering to Conference Center from the on premise antique Caboose diner. • For reservations or additional information, please contact: Massey Law Offices, LLC (812) 491-9333 915 Main St., Suite 502, Evansville, IN 47708 www.masseylawoffices.com Page 5 New Issues in Family Law Resulting From the Affordable Care Act 1 CLE Tuesday, March 1 Noon - EBA Office Family Law Section Presents SAVE THE DATE EBA Women Attorneys Section Annual Speaker Series May 5, 2016 Tropicana Conference Center Speaker: Katherine Rybak Negotiation Skills Workshop and Lunch with international speaker, Carol Frohlinger Cost is $25 for Family Law Section Members, $30 for EBA Members, $50 for Non-members. There will be an additional $5 charge for walk-ins. Business and Commercial Law Section Presents Southwestern Indiana Bankruptcy Conference Robert P. Musgrave, Chapter 13 Trustee Seminar Chair 4 CLE* March 9, 2016 Old National Bank 8:30AM - 11:45AM (No CLE for this Session) Creditor Session Noon - 1:00PM (joint session creditors and attorneys) Key Note Speaker: Kevin P. Dempsey, Clerk for the Bankruptcy Court of the Southern District of IN. 1:00PM - 4:30PM Attorney Session Case Law Update - Andy Ozete Assets on the Edge - Stacy Wissel Adversary Proceedings 101 - Kevin Kinkade Attorney Fees in Bankruptcy - Robert Musgrave FDCP Issue in Consumer Bankruptcy - Michael DiRienzo Leases in Bankruptcy - Robert Musgrave Judicial Estoppel & Assets - William Harbison *Must Attend both Lunch and Attorney Session to receive entire 4 hours of Credit. Cost for the Key Note Speaker and Attorney Session is $100 for Business and Commercial Law Section Members, $120 for EBA Members, $200 for Non-Members. This includes lunch. Cost for Creditor Session is additional $25. Lunch will be held on 8th floor. Morning and Afternoon Sessions will be held on 4th floor. Register on-line at www.evvbar.org , e-mail jeana@evvbar.org or call 463-3201. President of Negotiating Women Inc. and Co-author of Her Place at the Table and Nice Girls Just Don’t Get It, Carol Frohlinger is an internationally known speaker on the ways women can negotiate with authenticity to achieve their maximum personal and professional potential. More information coming soon! LAW DAY CELEBRATION 2016 “A Night Down South” Friday - April 29 Old Vanderburgh Courthouse 6:00PM Watch Your Mailbox for More Info, Coming Soon! Page 6 FEBRUARY CALENDAR 02/02 02/02 02/03 02/04 02/10 02/10 02/11 02/11 02/16 02/16 02/16 02/17 02/18 02/24 02/25 02/29 Mock Trial Student Lunch Planning Meeting, 8:30AM - EBA Office Family Law Section Meeting, Noon - EBA Office Access to Justice Committee Meeting, Noon - EBA Office Talk to a Lawyer, 4:30 PM - EBA Office Diversity Committee Meeting, 8:00AM - EBA Office Women Attorneys Section Night of Chocolate, 5:00PM - Evansville Country Club Morning Mixer, 7:30ish to 8:30ish - Donut Bank Hwy 41 & Lincoln EBA Board of Directors Meeting, 11:30AM - EBA Office Membership Taskforce Meeting, 8:00AM - EBA Office Paralegal Section Meeting, Noon - Willard Library Young Lawyer Section Lunch, Noon - Turoni’s on Main Street Real Property Section Meeting, Noon - EBA Office EBF Board of Directors Meeting , Noon - EBF Office CLE Committee Meeting, 11:45AM - ONB Deli EBA Executive Committee Meeting, 8:15AM - EBA Office Indiana Bar Foundation “We the People” Mixer, 5:00PM - EBA Office UPCOMING ICLEF VIDEO REPLAYS For reservations, pricing, or to verify credits or content for the ICLEF video replays, please contact ICLEF at (317) 637-9102 or visit www.iclef.org. 02/01 02/08, 09 Workers Compensation Institute Year in Review 2015