Res Gestae - November 2015

November 2015 Vol. 59, No. 4

THE MISUNDERSTOOD WORLD OF INADVERTENT DISCLOSURE OF DOCUMENTS

DELEGATES RECOMMEND AD RULE CHANGES REPRESENTATIVE DEMOCRACY:‘NOT A SPECTATOR SPORT’

EDITORSusan J. Ferrer

[email protected]

GRAPHIC DESIGNER & PHOTOGRAPHER

Vincent [email protected]

ADVERTISINGChauncey L. Lipscomb

[email protected]

WRITTEN PUBLICATIONS COMMITTEE CO-CHAIRS

Joseph M. PellicciottiWilliam A. Ramsey

[email protected]

5 PRESIDENT’S PERSPECTIVECarol M. Adinamis, Westfield, 2015-2016

32 ETHICS CURBSTONEDonald R. Lundberg and Caitlin S. Schroeder, Indianapolis

36 RECENT DECISIONS 7/15Maggie L. Smith and Emily K. Cremeans, Indianapolis

39 CRIMINAL JUSTICE NOTES 7/15Prof. Joel M. Schumm, Indianapolis

46 FAIR COMMENTGus the Golden Retriever, Indianapolis

Res Gestae (USPS–462-500) is published monthly, except for January/February and July/August, by the Indiana State Bar Association, One Indiana Square, Suite 530, Indianapolis, IN 46204.Periodicals postage paid at Indianapolis, Ind. POSTMASTER: Send address changes to Res Gestae, c/o ISBA, One Indiana Square, Suite 530, Indianapolis, IN 46204. Subscriptions to members only,$5 annually from dues. All prior issues available exclusively from William S. Hein & Co., 1285 Main St., Buffalo, NY 14209. ISBA members are encouraged to submit manuscripts to the editor forpossible publication in Res Gestae. Article guidelines can be obtained by calling 800/266-2581 or visiting www.inbar.org. Res Gestae’s printer, Print Directions, Inc., is an Indiana-certified Woman Business Enterprise.

© 2015 by the Indiana State Bar Association. All rights reserved. Reproduction by any method in whole or in part without permission is prohibited. Opinions expressed by bylined articles are those of the authors and not necessarily those of the ISBA or its members. Publication of advertisements is not an implied or direct endorsement of any product or service offered.

The Journal of the Indiana State Bar Association

RES GESTÆNovember 2015 Vol. 59, No. 4

D E PA R T M E N T S9 DEMOCRACY

32 DISCLOSURE

RES GESTÆ • NOVEMBER 2015 3

F E AT U R E S

7 HOUSE OF DELEGATES RECOMMENDS AD RULE CHANGESBy Bill Brooks, Indianapolis

9 REPRESENTATIVE DEMOCRACY: ‘NOT A SPECTATOR SPORT’By Bill Brooks, Indianapolis

11 NEW PRESIDENT, OFFICERS, BOARD MEMBERS TAKE OFFICE

8 BENCH & BAR NEWS 14 VOLUNTEERS NEEDED

46 ACCORDING TO GUS

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EVANSVILLE

1 2 3 N .W. 4 T H S T , R O O M 2 2E VA N S V I L L E , I N 4 7 7 0 8

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INDIANAPOLIS

8 5 2 0 C E N T E R R U N R DI N D I A N A P O L I S , I N 4 6 2 5 0

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Would your dating advertisementread as follows: “Quiet person,enjoys being alone or with small

groups of people, happy to attend large parties as long as downtime follows.” For those of you who know me, it probablycomes as no surprise that I don’t volunteerfor karaoke, and I’ve never been the firstone to raise my hand in a classroom. Mypersonality is much more reserved. Many of you may be able to relate to this descrip-tion because this is exactly how you are.Others probably have no idea why somepeople would even hesitate to call attentionto themselves.

And yet here I am, president of theIndiana State Bar Association – a positionyou would think would be held by thosewho are much more outgoing. I recentlyhad the opportunity to read the book,Quiet, by Susan Cain. This book gave megreat insight into how I work and what I need to do to be an effective leader. Ms. Cain, a Harvard lawyer, gives fantasticexamples of well-known “quiet” people who have led others in tremendously valuable ways: Steve Wozniak, Rosa Parks,Warren Buffet, Eleanor Roosevelt, AlbertEinstein, J.K. Rowling and Bill Gates toname a few. She explains how these quietleaders were effective because they broughttheir own thoughtful and calming presenceto the table. It’s not that they don’t enjoybeing with a lot of people; it’s just that theyrequire alone time to recharge their batter-ies. On the other hand, more extrovertedpeople require interaction with others forthe exact same reason. Ms. Cain explainsthat the most successful organizations are those that allow a mixture of people’spersonalities to make contributions. The ISBA is one such organization.

From personal experience I can tell you that whatever your personal qualities,there is a place for you in our bar associa-tion. I encourage you to get involved in theIndiana State Bar’s committees and sectionsand make your personal contribution toIndiana’s legal profession. Your opinionsand thoughts are what drive this organiza-tion and what allow it to be a valuableresource to all legal professionals.

Being the largest organization repre-senting lawyers in the state of Indiana, theISBA takes its responsibility very seriously.It is a place where I have found myself inter-acting with Indiana Supreme Court justices,attorneys from all around the state in solo,small, large and mid-sized firms, law schooldeans and other people who I may neverhave met in my transactional law practice.Here, our voices are all valuable, and every-one can make a contribution that strength-ens the organization and its mission to represent the Hoosier legal profession.

I encourage you to pick up the phone and call Chauncey Lipscomb at the ISBA (800/266-2581) or email him([email protected]) to join a committeeor section, apply to the Leadership Develop-ment Academy, submit an article for this magazine, volunteer for one of many pro bono opportunities or volunteer to dosomething else and make your voice heard.The ISBA is a place where you can makeyour contribution to our profession as awhole, whether you want to get extremelyinvolved or just focus on something ofinterest to you. Our website, www.inbar.org,lists all of our sections and committees.There is definitely one there that will inter-est you. In addition, our member benefitsare extraordinary, and I know you will findthey assist you whether it is through thesubstantive-law forums, Casemaker, contin-uing legal education or one of the othermany valuable member benefits.

Regardless of your personal views, your personality or your job in the legal profession, theIndiana State BarAssociation has a place for you to contribute to change andimprove our legalsystem – even ifyou are a quieter

person like me. �

INDIANA STATE BAR ASSOCIATIONOne Indiana Square, Suite 530

Indianapolis, IN 46204800/266-2581 • 317/266-2588 fax

http://www.inbar.orgOFFICERS

President Carol M. Adinamis, Westfield

President-Elect Mitchell R. Heppenheimer, South Bend

Vice President Andi M. Metzel, Indianapolis

Secretary Patricia L. McKinnon, Indianapolis

Treasurer Hon. Michael N. Pagano, Crown Point

Counsel to the Karl L. Mulvaney, IndianapolisPresident

BOARD OF GOVERNORS1st District Michael J. Jasaitis, Crown Point

2nd District Robyn M. Rucker, Valparaiso

3rd District Robert L. Jones Jr., Notre Dame

4th District David E. Bailey, Fort Wayne

5th District Daniel L. Askren, Attica

6th District Patrick J. Olmstead, Greenwood

7th District Ann Z. Knotek, Brownsburg

8th District Hon. Leslie C. Shively, Evansville

9th District Crystal G. Rowe, New Albany

10th District Hon. Angela G. Sims, Anderson

11th District Andrew Z. Soshnick, Indianapolis

11th District Hon. Tanya Walton Pratt,Indianapolis

11th District Deborah J. Caruso, Indianapolis

At-Large District Rafael A. Sanchez, Indianapolis

At-Large District Shontrai D. Irving, Hammond

Past President Jeff R. Hawkins, Sullivan

House of Delegates Hon. Thomas J. Felts, Fort Wayne,Chair

House of Delegates Michael E. Tolbert, Gary,Chair-Elect

Young Lawyers Benjamin D. Fryman, Valparaiso,Section Chair

STAFFExecutive Director

Thomas A. Pyrz • [email protected]

Administrative AssistantBarbara M. Whaley • [email protected]

Associate Executive DirectorSusan T. Jacobs • [email protected]

Administrative AssistantJulie A. Gott • [email protected]

Director of CommunicationsSusan J. Ferrer • [email protected]

Director of Public Relations & Social MediaCarissa D. Long • [email protected]

Graphic Designer & PhotographerVincent Morretino • [email protected]

Legislative CounselPaje E. Felts • [email protected]

Director of Special ProjectsSection & Committee Liaison

Maryann O. Williams • [email protected]

Administrative AssistantBarbara L. Mann • [email protected]

Local & Specialty Bar LiaisonCatheryne E. Pully • [email protected]

Administrative AssistantKimberly D. Latimore • [email protected]

Director of CLEChristina L. Fisher • [email protected]

CLE Coordinator Whitney Ruffin • [email protected]

Section & Committee LiaisonMelanie Zoeller • [email protected]

Director of Meetings & EventsAshley W. Higgins • [email protected]

Membership Records & Technology CoordinatorKevin M. Mohl • [email protected]

Bookkeeper & Convention RegistrarSherry Allan • [email protected]

ReceptionistChauncey L. Lipscomb • [email protected] RES GESTÆ • NOVEMBER 2015 5

PRESIDENT’S PERSPECTIVECAROL M. [email protected]

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The Indiana State BarAssociation House ofDelegates has approved

proposals recommending changesto the rules governing lawyer advertising in the state.

At its Oct. 9 gathering heldduring the ISBA’s Annual Meetingin French Lick, the House passed proposed changes to Rules ofProfessional Conduct 7.1 and 7.2,which would bring Indiana’s rulesmore closely in line with the ABA’smodel rules.

The House of Delegates alsoapproved proposed amendments to Admission & Discipline Rule 23,which involves investigatory proce-dures. That proposal recommendsimplementation of a “cautionaryletter” issued by the DisciplinaryCommission, under certain circumstances, to attorneys against whom a grievance is filed.

The amendments to Rule 7.1remove the 10-part comment section in the existing rule and in its place adopt the ABA com-ment to Rule 7.1, with some revi-sions and additions. Those com-ments include disclaimer languageto ensure that “special circum-stances” remain in the evaluation of any advertisement. The amend-ment to Rule 7.2 deletes therequirement that an office addressappear on all communications.

The changes, subject to finalapproval by the Indiana SupremeCourt, were brought forward by the ISBA Lawyer Advertising RulesReview and Legal Ethics commit-tees.

The House of Delegates alsoapproved what J. Todd Spurgeon,New Albany, chair of the ISBARevenue Enhancement Committee,called “the smallest dues increase in 25 years.” Spurgeon noted that,by the time the new rates go intoeffect, seven years will have passedsince the last increase.

He said that after the last duesincrease in 2009 the ISBA enjoyedbudget surpluses in the next twofiscal years, but has subsequentlybeen faced with increasing deficits,including a projected $180,000deficit for the 2014-15 fiscal year.

Spurgeon praised theAssociation’s administration forcost-cutting efforts and increases in other revenue streams, but said a dues increase is the only way out of a “dire financial situation.”He pointed out that the ISBA ismembership-driven and thereforedues-dependent. He termed theincreases “modest,” with residentmembers with six years of practiceor more paying $298 a year begin-ning in 2016. There are more than22 categories of membership.

The proposal, as passed, con-tained a new feature for the ISBA,an automatic cost-of-living increasefor the 2017 and 2018 fiscal years,subject to reduction or eliminationby the Board of Governors.

In other business:

• Outgoing President Jeff R.Hawkins, Sullivan, took to the daisto perform what he called an ISBAfirst – a “selfie” of himself and theroom full of delegates. He said thataction symbolized the many ways“the Association is engaging differ-ently than it has historically.”

The goals, he said, remain to improve member engagement,enhance diversity and recruit newmembers. He said such high-techimprovements as the smartphoneapp help “cross-pollinate the wealthof knowledge in the Association.We’re in a new world that did notexist seven years ago – and it’s hereto stay.”

• Chief Justice of IndianaLoretta H. Rush reported on theSupreme Court’s annual caseload,but also noted that the effectivenessof the legal system depends uponthe relationship between the bench

and the bar. “If there are flaws inthe system, let us know,” she said.“We need your feedback.”

Rush said the Court’s goal overthe next several years is to expandthe integrated case managementsystem to cover 80 percent of thestate’s caseload. “A truly efficientadministration of justice is thegoal.”

• Reporting for the IndianaCourt of Appeals, Judge Terry A. Crone said that the court hadswitched to an electronic docket,with all records now being scanned.He added that electronic filing atthe appellate level was imminent,promising that the court would be“as accommodating and flexible aspossible during the learning curve.”

• Deputy Attorney GeneralMatthew J. Light, Indianapolis,delivered the AG’s report, notingthat more than 4,000 civil cases hadbeen closed or resolved in the pastyear. About 2,500 criminal appealswere resolved.

• Geoffrey G. Slaughter,Indianapolis, president of theIndiana Bar Foundation, reportedthat income continues to bedepressed on IOLTA funds, butthat other funding initiatives hadhelped fill the gap, including nearly$600,000 from a settlement on aBank of America lawsuit.

He said the Foundation’s civics education programs, includ-ing “We the People: The Citizenand the Constitution,” continue to be strong, now being joined by a mock trial program.

• Changes to the State Bar’s articles of incorporation and bylawswere approved. The amendmentsadvanced by the Articles & BylawsCommittee were designed to bringthe bylaws in line with the Associa-tion’s current operation and prac-tices. �

AN

NU

AL M

EETING

House of Delegates recommends changes to advertising rulesBy Bill Brooks


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Applications available for pending Supreme Court justice vacancy

Applications for an upcoming vacancy on the state’s highest court areavailable online. The applications are tentatively due Jan. 25. Chief

Justice Loretta Rush encourages attorneys to consider applying to be thestate’s 109th justice: “Indiana has many qualified lawyers who should seriously consider this public service opportunity. Justice Brent Dickson’s30-year career exemplified civility and professionalism. One enduring legacy will be to fill his seat with an equally talented attorney.”

Justice Dickson will step down from the bench in the spring of 2016.The exact date is not determined; however, he intends to leave prior to July2016 mandatory retirement. The Judicial Nominating Commission (JNC)will search for his successor.

The JNC is a seven-member constitutionally created body chaired by Chief Justice Rush. It includes three lawyers (elected by their peers) and three citizens (appointed by the governor).

The JNC will review applications and interview qualified candidatesafter the first of the year. The public interviews will be held in Indianapolis(exact dates yet to be determined). After interviews and deliberations in anexecutive session, the Commission will publicly vote to send the three mostqualified names to Gov. Mike Pence. The governor selects Indiana’s nextjustice.

The application is available at courts.in.gov/jud-qual/3306.htm. A candidate must be an Indiana resident and a member of the Indiana bar for 10 years or an Indiana judge for five years. Those interested inapplying may contact Adrienne Meiring, JNC counsel, at 317/232-4706or [email protected]. �

8 RES GESTÆ • NOVEMBER 2015

California MattersIf you have matters in California or referrals, we canhelp you. Please contact Guy Kornblum or his office for information.

In addition to litigation and dispute resolution services, Guy also serves as an expert witness in legalmalpractice and cases relating to insurance claims.

Guy is a native Hoosier and alumnus of Indiana University. He is a member of the Indiana and California bars, and certified in Civil Trial & PretrialPractice Advocacy by the National Board of Trial Advocacy.

Kornblum, Cochran, Erickson & Harbison, LLP1388 Sutter St., Suite 820, San Francisco, CA 94109

Tel: 415.440.7800 • Fax: [email protected]

Serious personal injury & wrongful death • Insurance coverage & bad faithProfessional liability • Business disputes • General civil litigation

For further discussion, contact David McNamar, of counsel to the firm,at [email protected] or 317.299.0160.

www.kcehlaw.com

Guy Kornblum is also available as a mediator.

SCOTUS groupadmission scheduledfor March 28

Your Association makesarrangements for the

admission ceremony, a break-fast, a group picture and a tourof the facility. The next groupswearing-in ceremony forHoosier lawyers is scheduled for March 28. Our group will get to observe an oral argumentbefore the Court on that day.

It is assumed that all appli-cations will be approved. TheISBA cannot be held responsiblefor any cost you may incur inarranging for travel to the cere-mony if the Supreme Courtdenies or delays your applica-tion.

Each attorney is encouragedto make his or her own traveland hotel arrangements. Thecost for the application is $200,and there is an additional cost of approximately $40 for agroup picture and breakfast inone of the Court’s dining rooms.Return your application alongwith a certificate of good stand-ing from the Indiana SupremeCourt to the ISBA, Attn: SusanJacobs, One Indiana Square,Suite 530, Indianapolis, IN46204 no later than Feb. 29. At this time, do not send anypayment. For an application,contact Chauncey Lipscomb,[email protected] or800/266-2581. �

RG 11.15_RG 09.05 11/20/15 12:15 PM Page 8

Lee Hamilton has faith inrepresentative democracy.Really, he does. But it’s a

faith that has been tested over theyears by the challenges presented bysuch a large and diverse nation, byapathetic citizens, by a vulgar popculture, by a myriad of social andeconomic problems, and by thedegenerating quality of public discourse.

And by a Congress that disap-points, Hamilton said when headdressed the 119th ISBA AnnualMeeting held Oct. 7-9 in FrenchLick, Ind.

“With all its achievements, representative democracy faces veryserious challenges,” said Hamilton,who reached statesman status dur-ing his 34 years representing south-ern Indiana in the U.S. House ofRepresentatives. Since leavingCongress in 1999, he has only fur-thered those credentials by servingfor a decade as the president of theWoodrow Wilson InternationalCenter for Scholars, by serving as vice chair of the 9/11 Commis-sion, by co-chairing with formerSecretary of State James Baker theIraq Study Group, and by co-chair-ing the Independent Task Force onImmigration & America’s Future.

Now the director of the Centerfor Congress at Indiana University,Hamilton spends much of his timecalling on the U.S. Congress to be more assertive in its role as a co-equal branch of government.

“I take a lot of pride in ourconstitutional system, but I don’tlike how it is performed today,”Hamilton told the gathered lawyers.“To get results, Congress and thepresident need to be at the top oftheir game – and they are not.”

What disappoints him mostabout Congress is its willingness tocede power to the president. It’s adisconcerting trend over the pastfew decades that is not the result ofone factor, “but countless decisions

by congressional leaders of bothparties.”

He cited many elements of the congressional decline – endlesspandering to wealthy donors, lack of oversight, and too muchdeference to the president and to massive federal agencies.

He said Congress too oftenbypasses its own committee struc-ture, “marginalizing many mem-bers of Congress.” He singled outthe tendency to use omnibus billsto cover many unrelated topics inone legislative package, includingthe budget. “It’s an abomination,”he said. “It violates every rule ofCongress.” He added that “1997was the last year Congress used regular procedure.”

For much of the nation’s history, budgets originated in the House of Representatives, and presidents didn’t have budgetproposals. Now, he said, the presi-dent sends a budget to Congress.Congress responds with complaints– but then approves 90-95 percentof that budget.

Hamilton saved much of hisrancor for the polarized atmos-

phere on Capitol Hill. “Compro-mise is a lost art,” Hamilton said,adding that the toughest job for anycongressman is “building consensusbehind a solution” and also “walk-ing into a room and bringing disparate skills together.”

Hamilton said presidentialnews conferences have become soscripted as to be worthless. He saidhe once introduced a bill requiringthat the president attend a ques-tion-and-answer session withCongress, “and I was accused ofwanting parliamentary govern-ment.”

How far down the road do weneed to go? Hamilton doesn’t havethat answer. “I want a strong presi-dent – but I don’t want a timidCongress. Our system functionsbest when both are strong.”

As much as he worries aboutthe balance of power, Hamiltonalso worries about Congress shirking its responsibilities.

“Congress defers tacklingissues they don’t want to vote on,”he said, citing the recent debate

ANNUAL M

EETING

Representative democracy: ‘not a spectator sport’By Bill Brooks


Former Congressman Lee Hamilton (left) and federal MagistrateJudge Tim Baker catch up at the ISBA Annual Meeting.

(continued on page 10)

RG 11.15_RG 09.05 11/20/15 12:15 PM Page 9

over the Iran deal. “But what aboutthe war? They let the president fightthe war; they’ve deferred to thepresident on war powers. It’s com-plicated to fight ISIS – but that’s no excuse to abdicate power.”

Additionally, he said,“Congress allows the SupremeCourt to become the critical policy-making body on many topics.”

Hamilton was especially toughon the Senate’s 60-vote rule, which

he said shields that body fromtough votes. “The Senate doesn’tbelieve in democracy,” he said.“Sixty votes to pass? What aboutmajority rules? If senators don’twant to vote on tough questions,”he continued, “what did we electthem for?”

In a speech filled with humorand self-deprecation, Hamilton’sreproach of Congress occasionallyturned the dais into a pulpit.

“Money is threatening the corevalues and principles of representa-tive democracy,” he said, althoughhe added that money will always be part of politics. “It may or maynot be corrupting – but the views of the average citizen are dimin-ished, and the views of majordonors are amplified.”

He also noted the irony thatmost congressional candidatescampaign by running againstCongress. He said, rather loudly,“Let’s elect members who believe in the Congress of the United Statesbeing an effective branch of govern-ment.”

But he chided Congress for nolonger having a reform committee.“Congress is the only organization I know that doesn’t try to get bet-ter,” he said. “These are discourag-ing developments,” he added, not-ing that one of the best features ofAmerican democracy is its “abilityto correct itself and move along.”

But Hamilton didn’t restricthis criticism to elected officials,instead giving the electorate someof the responsibility.

“As citizens, we have to learnhow to solve problems together,”he said. “You and me – we have tobe more engaged. Representativedemocracy,” he continued, “is not a spectator sport. The problem isnot leadership – it’s citizenship.

“Freedom demands responsi-bility,” Hamilton said. “Libertydemands duty. Most of the time we win that wager.”

Lawyers are uniquely qualifiedto improve the odds, said the man who graduated from IndianaUniversity School of Law in 1956.“Representative democracy is under some severe challenges. Lawyers have a special group of skills to make representativedemocracy work better – and a responsibility to do so.” �

LEE HAMILTON continued from page 9


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In October, Carol M. Adinamis,Westfield, assumed the office of president of the Indiana

State Bar Association for 2015-16 at the Association’s fall meeting inFrench Lick. Carol succeeds Jeff R.Hawkins, Sullivan, who now willserve as immediate past presidenton the Association’s 25-memberBoard of Governors. Mitchell R. Heppenheimer, South Bend,advanced to the office of president-elect, and Andi M. Metzel, India-napolis, was elected vice president.

President Carol M. Adinamis,Westfield, is a partner at the firmAdinamis & Saunders PC, whereshe focuses on business formation

CPAs. She is also an active memberof the Brebeuf Jesuit MothersAssociation and WestfieldIntermediate School PTO.

Carol was born in Philadelphiain 1965.

Professional enjoyment: I lovehelping people solve problems andachieve their goals. I also enjoy thepeople that I meet on a daily basis – both clients and other profes-sionals. I love learning about otherpeople, their work and interests.

Your inspiration:My fatherand aunt were both lawyers. After a few “busy seasons” at a publicaccounting firm, I knew I wanted to do something more creative andsomething that allowed me to havemore control over my life. The lawseemed like a good fit.

Why bar association involve-ment: I originally joined the ISBALegal Ethics Committee because ofa specific event that had an impacton me. I enjoyed it so much andmet so many incredible lawyersthrough the bar association that I didn’t want to stop my involve-ment. The Indiana State BarAssociation has provided me withthe opportunity to speak to variouspeople I never would have comeacross in my transactional practice,and that has been very rewarding.

If not a lawyer: I would like to be a writer or a teacher.

Fav hobbies: swimming, bik-ing, reading and generally trying tokeep up with my husband and threechildren. Fav book or author: Quietby Susan Cain. Fav vacation spot:anywhere on the water at LakeMichigan. Fav food or restaurant:Jan’s Village Pizza in downtownWestfield. The pizza is fantastic.Top of my bucket list: bike theentire coast of Lake Michigan.

President-Elect Mitchell R. Heppenheimer, South Bend,is the managing partner at the firmHeppenheimer & Korpal and has

been the deputy county attorney for St. Joseph County since 1981.Mitch is a member of the St. JosephCounty (current treasurer; pastpresident; member, board of direc-tors), Indiana State (past chair,House of Delegates; past treasurer;past member, board of governors;past member, Membership &Membership Benefits Committee;past chair, Unauthorized Practice A

SSOCIATIO

N NEW

SNew president, officers, board members take office


Carol M. Adinamis

Mitchell R. Heppenheimer

and planning, estate planning,mediation, and taxation. Pre-viously, Carol served as a CPA atArthur Andersen. She received herB.S. in accounting from IndianaUniversity-Bloomington in 1987and her J.D., magna cum laude,from the I.U. Maurer School of Lawin 1992. Carol is a member of theIndianapolis, Hamilton County,Indiana State (member, board of governors; chair, House ofDelegates; treasurer, board of governors; chair, Legal EthicsCommittee) and American barassociations, Indiana CPA Societyand the American Institute of

of Law Committee; past chair,BARPAC Committee; and inductee,GP Hall of Fame) and Americanbar associations. He is also a Fellowof the Indiana Bar Foundation. He received his B.S. in accountingfrom Indiana University-Bloomington in 1972 and his J.D. from the Cumberland Schoolof Law at Samford University,Birmingham, Ala., in 1976.

Mitch was born in South Bendin 1950.

Professional enjoyment: whena client sincerely expresses gratitudeabout the efforts of his or her attor-ney

Your inspiration:My father,an attorney for more than 35 years,made me go to law school and workin his law office – the best move I ever made.


RG 11.15_RG 09.05 11/20/15 12:15 PM Page 11

Why bar association involve-ment: to make the bar associationsin which I’m involved better for itsmembers and to improve the legalprofession

If not a lawyer: law school professor

Fav hobbies: relaxing at anybeach. Fav book or author and cur-rent reading: Unfortunately, withall the reading and writing associat-ed with my practice, I don’t havemuch time or inclination to “social-ly” read. Fav vacation spot: PuntaCana, Dominican Republic. Favfood or restaurant: any restaurantin New Orleans or Las Vegas. Topof my bucket list: retire and live at a location that is on a beach andhas a temperature of 75-80 degreesevery day of the year.

Vice President Andi M.Metzel, Indianapolis, is a partner at Benesch Friedlander Coplan &Aronoff LLP with a practice thatspans four groups (litigation, realestate, transportation & logistics,and China). She is a part of her firm’s Women’s InitiativeCommittee and routinely helps

the United States. Andi stronglyencourages a cooperative dialogueamong government and industryleaders, and is actively engaged inthe ongoing effort to enable busi-nesses to succeed in a competitiveglobal marketplace. She receivedher B.A. in political science andphilosophy from Franklin Collegein 1991; studied international relations and politics at AcadiaUniversity in Nova Scotia, Canada,1988-89; studied at the UnitedNations while attending DrewUniversity, 1989-90; and receivedher J.D. from the I.U. Robert H.McKinney School of Law in 1996.

Legal memberships includeIndianapolis (board of directors,2010) and Indiana State (board of governors, 2008-09; secretary,2006-07; past co-chair, LeadershipDevelopment Academy Committee;past chair, Women in the LawCommittee; ISBA delegate, ABAHouse, 2010-14; chair, House ofDelegates, 2015) bar associations;Indianapolis Bar Foundation(board of directors 2008, 2009;development chair, 2008; Distin-guished Fellow, 2007); and mem-ber, Indiana Supreme CourtDisciplinary Commission. Andi isalso a past and/or present memberof the following ISBA sectionsand/or committees: CorporateCounsel; Employment, Labor & Benefits Law; Litigation;Improvements in the JudicialSystem; Legal Ethics; Land Use &Zoning; and Women in the Law.

She was born in Cincinnati,Ohio, in 1969.

Professional enjoyment:the challenge and inspiration that comes from constant learning.When it comes to law practice, evenif you are really good at it, you canalways be better.

Your inspiration: faith, familyand the rule of law

BOARD OF GOVERNORS continued from page 11


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to drive the firm’s business devel-opment and client relations efforts.

Andi’s diverse practice is large-ly focused on complex litigation infederal and state courts, land use,construction, shareholder deriva-tive suits, business torts, supplychain and contract disputes, classactions, product liability, tradesecrets and non-compete disputes.She is involved in many aspects ofdevelopment and strategic consult-ing for businesses seeking to investand grow in Indiana and around

Andi M. Metzel

RG 11.15_RG 09.05 11/20/15 12:15 PM Page 12

Why bar association involve-ment: The bar association enablesme to honor my commitments to professional competence andimprovement, service to the profes-sion generally, and service to thepublic.

If not a lawyer: architect

Fav hobbies: golfing, sporting-clays shooting, latest attempts at flyfishing, travel & exploration, scubadiving, sailing/boating. Fav vaca-tion spot: any place not my office.Fav food or restaurant: I will tryjust about any food or restaurantbecause life is too short for limita-tions, self-denial and eating onlycelery sticks. Fav toast: “May wenever regret this …” Top of mybucket list: write a screenplay or book.

Patricia L. McKinnon,Indianapolis, Secretary, is a practi-tioner at her firm, Law Office ofPatricia L. McKinnon. Previously,she served as a part-time publicdefender for the Marion County

Conference) bar associations,Indianapolis Bar Foundation (past board member; Fellow; Senior Fellow) and Indiana BarFoundation (Fellow). She currentlyserves on the board of directors forIndiana Legal Services and is a vol-unteer guardian ad litem for Kids’Voice of Indiana. She is also activein her community, currently serving as president of her son’sFootball Parents’ Association atCovenant Christian High Schooland as an adult Sunday schoolteacher at John Knox PresbyterianChurch (past deacon, session member).

She was born in Oak Park, Ill.,in 1961.

Professional enjoyment:If I can make a difference in oneperson’s life, each year, as an attor-ney, then my work is done.

Your inspiration: I never wanted to be a lawyer. In my late20s, it occurred to me that I couldbe a more effective advocate forothers if I became a lawyer. Manyyears later I still believe this is true.

Why bar association involve-ment: The networking and mentor-

ing available through the bar association are simply incredible.Experienced attorneys, who mentoryounger lawyers, have the joy andsense of accomplishment of seeinganother grow both personally andprofessionally. Also, much to mysurprise, I have received a casereferral from virtually every com-mittee or project I have participatedin through a bar association.

If not a lawyer: social workeror police officer. I was a nonfictionwriter as well as the manager of several retail stores earlier in mycareer.

Fav hobbies: I’m a half-maniacand love to walk half marathons –I’ve participated in four this year. I love to lift weights. I have a second-degree black belt in karate from the Adamson’s KarateStudios. Fav book or author andcurrent reading: I recommend a 2010 book by Mark Vonnegut,the son of Kurt Vonnegut, Just LikeSomeone Without Mental IllnessOnly More So: A Memoir. He is aHarvard-educated M.D. with bipo-lar disorder. I love reading books


Public Defender Agency. Shereceived her B.A. from AugustanaCollege in 1983 and her J.D. fromthe University of Notre Dame Law School in 1994.

Patricia is a member of the Indianapolis and Indiana State (chair, Solo & Small Firm

Patricia L. McKinnon


RG 11.15_RG 09.05 11/20/15 12:15 PM Page 13

“Talk to a Lawyer Today” Pro Bono • Jan. 18, 2016Sign up today!

“Life’s most persistent and urgent question is, ‘What are you doing for others?’” – Dr. Martin Luther King Jr.

This annual ISBA and Indiana Pro Bono Commission program is designed as a legal information clinic, to be held on the MLK holidayMonday, Jan. 18, 2016. Participating lawyers are asked to donate 2 hours to speak with the general public on the phone or in personabout legal issues. There are several locations throughout the state. All volunteers will be contacted by the site coordinators for theirlocations to confirm the times and places to volunteer. Please mail or fax this form to the appropriate site coordinator listed below.

Name: ___________________________________________________________________________________________

Address: __________________________________________________________________________________________

Phone: ____________________________________________________________________________________________

Attorney I.D. number: ________________________________________________________________________________

Email address: ______________________________________________________________________________________

I wish to volunteer 2 hours of my time for “Talk to a Lawyer Today” on Monday, Jan. 18, in the district checked below.

� District AJasper, Lake, Newton & Porter counties

Stephanie Wicke, Executive DirectorNWI Volunteer Lawyers, Inc.651 E. Third St.Hobart, IN 46342219-945-1799 • 219-945-0995 (fax)[email protected]

� District BElkhart, Marshall, Kosciusko, St. Joseph, LaPorte & Starke counties

Mark Torma, Plan AdministratorVolunteer Lawyer Network, Inc.117-1/2 N. Main St.South Bend, IN 46601574-277-0075 • 574-277-2055 (fax)[email protected]@att.net

� District CAdams, Allen, Dekalb, Huntington, LaGrange,Noble, Steuben, Wells & Whitley counties

Ruth de Wit, Executive DirectorVolunteer Lawyer Program of NE Indiana, Inc.111 W. Wayne St.Ft. Wayne, IN 46802260-407-0917 • 260-407-7137 (fax)[email protected]

� District DBenton, Boone, Carroll, Clinton, Fountain,Montgomery, Parke, Tippecanoe, Vermillion,Warren & White counties

Timothy E. Peterson, Plan AdministratorIndiana Legal Services-Lafayette8 N. 3rd St., Suite 102Lafayette, IN 47901765-423-5327 • 800-382-7581765-423-2252 (fax)[email protected]

� District ECass, Fulton, Grant, Howard, Miami, Pulaski, Tipton & Wabash counties

Vicki Williams, Plan AdministratorWabash Valley Volunteer Attorneys, Inc.Indiana Legal Services – Lafayette8 N. 3rd St., Suite 102Lafayette, IN [email protected]

� District FBlackford, Delaware, Hamilton, Hancock, Henry, Jay, Madison & Randolph counties

Rachel White, Pro Bono CoordinatorDistrict 6 Access to Justice, Inc.P.O. Box 324New Castle, IN 47362765-521-6979 • [email protected]

� District GMarion County

Dana Luetzelschwab, Plan AdministratorHeartland Pro Bono Council151 N. Delaware St., Suite 1800Indianapolis, IN 46204317-400-7435317-631-9410, [email protected]

� District HClay, Greene, Hendricks, Lawrence, Monroe, Owen & Putnam counties

Diane Walker, Plan AdministratorDistrict 10 Pro Bono Project, Inc.P.O. Box 8382Bloomington, IN 47407-8382812-339-3610 • 812-339-3624 (fax)[email protected]

� District IBartholomew, Brown, Decatur, Jackson,Jennings, Johnson, Rush & Shelby counties

Tasha Mann, Executive DirectorLegal Aid-District Eleven, Inc.1531 13th St., Suite G330Columbus, IN 47201877-378-0358 (intake line)812-372-8933 (plan administrator direct line)812-372-3948 (fax)[email protected]

� District JDearborn, Fayette, Franklin, Jefferson, Ohio,Ripley, Switzerland, Union & Wayne counties

Frank Cardis, Plan AdministratorLegal Volunteers of Southeast Indiana, Inc.318 N. Walnut StreetLawrenceburg, IN 47025812-537-0123 • 877-237-0123812-537-7090 (fax)[email protected]

� District KDaviess, Dubois, Gibson, Knox, Martin, Perry,Pike, Posey, Spencer, Sullivan, Vanderburgh,Vigo & Warrick counties

Beverly Corn, Plan AdministratorVolunteer Lawyer Program of Southwestern Indiana915 Main St., Suite 208Evansville, IN 47708812-402-6303 • 812-402-6304 (fax)[email protected]

� District LClark, Crawford, Floyd, Harrison, Orange, Scott & Washington counties

Mary Fondrisi, Plan AdministratorP.O. Box 94New Albany, IN 47151812-288-8002 • 812-270-1025 (fax)[email protected]

RG 11.15_RG 09.05 11/20/15 12:15 PM Page 14

about doctors practicing medicineand the ethics involved. One of my all-time favorite books isComplications: A Surgeon’s Notes on an Imperfect Science by AtulGawande, published in 2003. I alsolove books about ethical situationsand am currently reading JohnQuiñones’ book about his life andhis television series called WhatWould You Do? Words of WisdomAbout Doing the Right Thing. Favvacation spot: I love visiting Austin,Texas, and absorbing the “KeepAustin Weird” vibrations. Naples,Fla., is also a wonderful place to getaway, although I normally run intomore Indiana residents at the gro-cery store while in Naples than I do while shopping in Indianap-olis. Fav food or restaurant: ForThai food: Bangkok Restaurant &Jazz Bar, downtown Indianapolis,and Thai Lanna in Avon. For sushi:Sushi Club on 10th Street in India-napolis with all-you-can-eat sushion the weekends. Top of my bucketlist: To walk, as a pilgrim, the ElCamino de Santiago trail, whichruns through France and Spain.

Hon. Michael N. Pagano,Crown Point, Treasurer, is magis-trate of Lake Superior Court,County Division 3, where he haspresided since 2003. While in private practice, he worked as anassociate for Genson & Gillespie in Chicago and as an associate andjunior partner for Funk & Foster in Hammond. He received his B.A.from DePauw University in 1992and his J.D. from New York LawSchool in 1995.

Judge Pagano is a member ofthe Lake County (president, 2007)and Indiana State (member, boardof governors, 2009-11, and counselto the president, 2012-13) bar asso-ciations.

Judge Pagano was born inWhite Plains, N.Y., in 1970 andraised in New Harmony, Ind.

The public often has theimpression, not unwarranted, that our system functions based on“who you know” as opposed to thefacts and the law. Being able to logi-cally explain why one party shouldwin over another helps to dispelthat notion.

Your inspiration: At age 12,our teacher became convinced thatone of his 20 students was responsi-ble for a minor bit of mischief.With no proof, he held us hostagethrough the following period,demanding a confession.

Thirty minutes in and still noone confessed. At that point, ourteacher grabbed one of the “usualsuspects” and reduced him to tearsduring a pretty nasty interrogation;that’s when I finally asked in a fairlysnotty tone: “And what’re yougonna do if it turns out that noneof us is to blame?” My big mouth



Professional enjoyment: Thebest part of my job is educating thepublic as to the laws that governour lives. Many of the cases I hearare small claims, so I have ampleopportunity to try to reduce to sim-ple terms the complex legal princi-ples that control the outcome of thecases I hear.

Hon. Michael N. Pagano

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got me into a fair amount of trou-ble. That is until a student from a completely different classroomconfessed to the crime 10 minuteslater. We didn’t get an apology.

I felt vindicated, sure, butexceedingly angry. This ugly displayof raw, arbitrary power had a last-ing impact on me. Ever since then, I always wanted to ensure I’d be in

a position to prevent or correctsuch behavior. The law seemed theobvious choice. Interestingly, mostof the injustices I see today bear allthe hallmarks of that first one: anauthority figure exercising powerwithout a shred of common senseor decency.

Why bar association involve-ment: There’s strength in numbers.

The bar is our best opportunity to ensure our democracy enduresand remains vibrant.

If not a lawyer: author

Fav hobbies:movies andbooks. Fav book or author and cur-rent reading: George R.R. Martin,Stephen King and J.K. Rowling aremy favorite authors. I’m currentlyreading Hell in a Very Small Place:The Siege of Dien Bien Phu byBernard Fall. Fav vacation spot:Lac du Flambeau, Wis., and BocaRaton, Fla. Fav food or restaurant:steak and lobster at McGregor’sBlink Bonnie Supper Club in SaintGermain, Wis. Top of my bucketlist: skydiving.

Karl L. Mulvaney, Indianap-olis, Counsel to the President, is a partner at the firm BinghamGreenebaum Doll, where he focuses



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Karl L. Mulvaney

in the areas of appellate, litigationand disciplinary law. Previously, he served as a law clerk, assistantadministrator and administrator at the Indiana Supreme Court from 1976-91. He served in the U.S. Army from 1972-74.

He received his B.S., cum laude,from Ohio State University in 1972and his J.D., cum laude, from theI.U. Robert H. McKinney School ofLaw in 1977. He is a member of the

RG 11.15_RG 09.05 11/20/15 12:15 PM Page 16

American Academy of AppellateLawyers (Fellow), Phi Delta PhiInternational Legal Honor Society(president emeritus) and theIndianapolis, Indiana State,American and Seventh Circuit bar associations.

Karl was born in Bridgeport,Conn., in 1949.

Professional enjoyment:the fact that most lawyers ethicallyfulfill their critical duties to theirclients, the courts and the public

Your inspiration:my father’sencouragement and his storiesabout his brother (my uncle) as a New York City assistant districtattorney and defense lawyer

Why bar association involve-ment: It is important to try to helpmake life better for others. TheISBA and the Indiana Bar Founda-tion offer great opportunities to fulfill that mission.

If not a lawyer: teacher or national park ranger

Fav hobbies: golf, watchingbaseball, history, photography andtravel. Fav book or author and cur-rent reading: To Kill a Mockingbird.Fav vacation spot: Sedona, Ariz.Fav food or restaurant: pasta (theCapri Ristorante). Top of my buck-et list: take the 8-mile hike to theKeet Seel Anasazi Cliff DwellingRuin at the Navajo NationalMonument in the Four Cornersarea.

Michael J. Jasaitis, CrownPoint, First District, is a partner at the firm Austgen Kuiper Jasaitis,practicing in municipal law, realestate, school law and civil litiga-tion. Notably, Michael representshigh school student-athletes acrossthe state facing eligibility and disci-plinary disputes.

Michael is a member of theLake County (past president),Indiana State (chair, YoungLawyers Section, 2010-2011;

mentor, Mentor Match) andAmerican bar associations. He isalso a member of the CalumetAmerican Inns of Court. Michaelcontributes his time to various civic and community groups, andserves on the board of directors of the Lake Area United Way. He received his B.A., with honors,from Valparaiso University in 1997.He received his J.D., magna cum

laude, from Valparaiso UniversitySchool of Law in 2000, where hewas a member of Law Review andserved as president of the StudentBar Association. He is admitted to practice in Indiana and Illinois.

Michael and his wife, Katrina,have two children, Jonas (5) andStella (3). He was born in EastChicago in 1974.

Professional enjoyment: theopportunity I would not otherwisehave to serve others in a variety ofways. It is enjoyable to challengeoneself to utilize creativity, whetherwritten or oral, coupled with prepa-ration, to assist a client in resolvingissues or solving problems. Withoutquestion, seeing a smile on some-one’s face after helping him or herin a time of need is withoutdescription.


Michael J. Jasaitis


RG 11.15_RG 09.05 11/20/15 12:16 PM Page 17

Your inspiration: I had a highschool teacher who encouraged meto pursue a law career for variousreasons. It always appeared to be a field where an individual couldmake a difference, and I have foundthat to be true. After a few collegeexperiences and meetings withthose in the practice of law, I solidi-fied my decision to attend lawschool and enter the practice.

Why bar association involve-ment:With a bar association, theopportunity to serve goes beyondour clients and allows us (as agroup) to extend service to thecommunity and fellow lawyers. The bar association gives us greateraccess to a network of attorneys andto the dissemination and exchangeof ideas about our respective crafts.

If not a lawyer: A realistic pro-fession would be a teacher/profes-sor, as I have already gotten a tasteof that. However, hosting a talkshow or performing stand-up com-edy would each be the pipe-dreamoccupation.

Fav hobbies: spending timewith my family and sports, especial-ly soccer. I currently coach my

son’s team, and there is no betterfeeling than to see the joy on hisand his teammates’ faces. Fav bookor author and current reading:I enjoy reading John Maxwell andJohn Grisham, although I tend tofind myself currently spending a lotof time on legal research websites inbetween Dr. Seuss books. Fav vaca-tion spot: Cabo San Lucas and/orSt. Lucia. Fav food or restaurant:I’m a huge fan of desserts in gener-al, but my grandmother’s home-made Napoleon Cake tops the list.My favorite nearby restaurants areGamba Ristorante and Ciao Bella,two Italian restaurants close tohome. If traveling to New Orleans,a stop at the oyster bar at theBourbon House is a must. Top of my bucket list: taking a month-long vacation with my immediatefamily and watching my childrenachieve great things.

Robyn M. Rucker, Valparaiso,Second District, is the director of career advising at ValparaisoUniversity School of Law.Previously, she was an attorney at the Indiana Supreme Courtwhere she coordinated the Indiana

Conference for Legal EducationOpportunity (ICLEO). She alsoserved as a deputy attorney general.Robyn received her B.A. fromEarlham College in 1997 and herJ.D. from the I.U. Robert H.McKinney School of Law in 2002.She is a member of the Kimbrough,Indiana State and American barassociations, National Associationof Law Professionals and AlphaKappa Alpha Sorority.

Robyn was born in Gary, Ind.,in 1975.

Professional enjoyment:Mycurrent role in the legal professionaffords me the chance to have apositive impact on the students thatwill ultimately transition into lawcareers.

Your inspiration:my desire to be a change agent

Why bar association involve-ment: It is important to me becauseit affords me opportunities toexpand my professional develop-ment. This extends beyond the legalseminars and workshops into therealm of relationship building andmentoring.

If not a lawyer: I would have a career in entertainment, on andoff the screen.

Fav hobbies: I love music of all types. I love attending live musicfestivals. Hoping to attend theNewport Jazz Festival in 2016.



Robyn M. Rucker

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Fav book or author and currentreading:My favorite book is TheirEyes Were Watching God by ZoraNeale Hurston. I am currentlyreading The Warmth of Other Sunsby Isabel Wilkerson. Fav vacationspot: Venice, Italy. Fav food orrestaurant: I love breakfast food,especially pancakes. Top of mybucket list: traveling to Sri Lankaand the Maldives.

Robert L. Jones Jr., NotreDame, Third District, is the associ-ate dean for experiential programsand a professor at the Notre DameLaw School. He was the director of the Notre Dame Legal Aid Clinicfrom 2002-12. Previous to joiningthe law school, he worked as staffcounsel and transportation projectdirector of Business & ProfessionalPeople for the Public Interest, a Chicago-based public interest law and policy center. There, he

engaged in litigation, regulatory

advocacy and policy analysis

on issues relating principally

to the environment, fair housing

and public-utilities regulation.

He also served as a lecturer

at Loyola University Chicago

School of Law from 1985 to 1999.

Bob received his B.A., summacum laude, from the University ofNotre Dame in 1980 and his J.D.,cum laude, from Harvard LawSchool in 1984. He is a member of the St. Joseph County (member,Pro Bono Committee) and IndianaState bar associations and theRobert A. Grant Inn of Court.Robert also serves as a youth service trip leader for the St. JosephCatholic Church.

He was born in Louisville, Ky.,in 1958.

Professional enjoyment:In my early years, I enjoyed mostthe intellectual challenge of grap-pling with complex legal and policyissues. As time goes on, I have cometo enjoy most the human side oflawyering – developing client rela-tionships, finding solutions to their


Robert L. Jones Jr.


RG 11.15_RG 09.05 11/20/15 12:16 PM Page 19

problems and now helping law stu-dents develop their professionalidentities through practice andreflection.

Your inspiration:Many yearsof formation in Catholic schoolssparked a desire to pursue publicinterest work. I thought lawyeringwould be the best fit for me amongthe many ways to work for socialjustice.

Why bar association involve-ment: It is critical for lawyers to see themselves as part of a broadercommunity with a common pur-pose – furthering the rule of law –rather than as individuals in com-petition with one another. Bar asso-ciations foster collegial relation-ships and encourage collaborationto improve our legal system.

If not a lawyer: architect – I love building and design.

Fav hobbies: golfing andwilderness backpacking. Fav bookor author and current reading:Having recently driven throughtribal lands in the western UnitedStates this summer, I am rereadinga few novels by Tony Hillerman seton the Navajo and Hopi reserva-tions. Fav vacation spot: westernmountain ranges where I can campin high places, far from the reach of cell phones and the Internet. Fav food or restaurant: peanut butter. Top of my bucket list:visit every continent.

David E. Bailey, Fort Wayne,Fourth District, is a partner at thefirm Eilbacher Fletcher, where hefocuses in the area of civil litigation.Previously, David served as an asso-ciate at Rothberg Logan & Warso.He received his B.A., magna cumlaude, from Miami University in 1996 and his J.D., magna cumlaude, from I.U. Maurer School of Law in 1999.

He is a member of the AllenCounty and Indiana State (mem-ber, House of Delegates) bar associ-

are lots of ways to do that. Workingwith the bar association is one wayfor me to give back to the legalcommunity.

If not a lawyer: I would be ateacher and probably be involved in coaching. I have lots of educatorsin my family, and I studied educa-tion as an undergrad.

Fav hobbies: I love watchingI.U. sports, both in person and onTV, with my family. Because bothof my kids play soccer, watchingsoccer has become a big hobby, too.Fav book or author and currentreading: I’m working my waythrough A Song of Fire and Ice(Game of Thrones) novels. Favvacation spot:Hilton Head,Charleston, Savannah – anywherein the Low Country. Fav food orrestaurant: I like to cook outdoors,especially with my smoker. As faras restaurants, my wife and I likeBaker Street Steakhouse here inFort Wayne for special occasionslike birthdays and anniversaries.Top of my bucket list: I don’t golfmuch, but I’m a big fan of thesport. Playing the Old Courseat St. Andrews, Scotland, wouldhave to be near the top of the list.

Daniel L. Askren, Attica, FifthDistrict, is a practitioner at his firm,O’Connor & Askren Law Office.Previously, he worked for StateFarm Insurance and Fountain Trust Insurance. He received hisB.S. from Indiana State Universityin 2003 and his J.D., cum laude,from the Thomas M. Cooley LawSchool in 2010. He is a member ofthe Fountain County (president)and Indiana State (Class of 2014,Leadership Development Academy)bar associations. Daniel is alsoactive in his community, coachingthe Attica Jr. High football teamand serving as the Fountain CountyRepublican Party Chairman.

Daniel was born in Lafayette in 1980.



ations and the Benjamin HarrisonAmerican Inn of Court. David isalso a member of the Allen CountyPlanning Commission and theUrban Transportation AdvisoryBoard of the Northern IndianaRegional Coordinating Council.

David was born in Columbus,Ohio, in 1973.

Professional enjoyment:two things – I have great partners. I feel fortunate to work with peopleon a daily basis that I enjoy beingaround and who are really good at their job. I also have a lot of funwhen a case requires me to learnabout a business or industry that I previously didn’t know muchabout.

Your inspiration: As I wasthinking about my career, I wasattracted to “big ideas” like fairnessand justice. I also enjoy problemsolving. The legal professionrequires the ability to deal in loftyideas and complex concepts, andalso involves nitty-gritty problemsolving, and those different aspectsappealed to me.

Why bar association involve-ment:We all live in and depend onvarious communities. Because weall benefit from the communitiesthat we are a part of, I think it isimportant for a person to give backto his or her community, and there

David E. Bailey

RG 11.15_RG 09.05 11/20/15 12:16 PM Page 20

Professional enjoyment:I enjoy getting to help out others. It is a great feeling being trusted by clients and being able to helpthem accomplish goals or get themthrough a tough situation at a verytrying time in their life.

Your inspiration:my desire togive back to my community. I sawthat my hometown was going tohave a need for a lawyer, and Iknew that I had the ability to obtainmy legal education and felt that itwould be a great career.

Why bar association involve-ment: I want to build a better relationship with other attorneys so that we can work together toresolve our clients’ issues. Also, I enjoy learning from my fellowcounselors and having a strongpool of persons I can call on in various situations to either get the answer for my client or to send them to someone who is more knowledgeable in their area of need.

If not a lawyer: possibly teach-ing so that I could help inspire theyouth of America

Fav hobbies: I greatly enjoyrunning events, such as the SpartanRace, coaching football and spend-ing time with family and friends.Fav book or author and currentreading: Brené Brown. Fav vaca-

tion spot: Redington Beach, Fla.Fav food or restaurant: Italian. Top of my bucket list: Hmm …

Patrick J. Olmstead Jr.,Greenwood, Sixth District, is a practitioner at his firm, PatrickOlmstead Law LLC. Previously,Patrick practiced at the Indianap-olis firm Hoover Hull LLP. Hereceived his undergraduate degreefrom the University of Notre Dameand his J.D. from the I.U. Robert H. McKinney School of Law.

He is a member of theIndianapolis, Indiana State andAmerican bar associations. He isalso active with the St. ThomasMore Society (past president),Notre Dame Club of Indianapolis(director, 2010-present) and the Notre Dame Class of 1990(president).

Patrick was born in Indianap-olis in 1968.

Professional enjoyment: thepeople with whom I have worked

Your inspiration:When myson, David, died, I was heartbro-ken. I wanted to do something thatwould make David proud of me. A friend and fellow Notre Damegrad, Bill Norberg, told me aboutgoing to law school at night. I thought that going to law schoolwould make David proud. When I did well at law school, I decided to become a lawyer.

Why bar association involve-ment: because I believe that this is a profession, not just a job or acareer. Other professions envy us.See Tranio, “And do as adversariesdo in law, [s]trive mightily, but eatand drink as friends.” The Tamingof the Shrew, 1.2.280. This case maybe over in two years; we will be col-leagues for the next 20.

If not a lawyer:management,logistics or transportation

Fav hobbies: board gaming,motorcycling, golfing and ridingrollercoasters. Fav book or authorand current reading: For light-hearted fun, Christopher Moore.Fav vacation spot: Disney World.Fav food or restaurant:My wife’sLebanese cooking. Julie is Swiss(not Lebanese), but her cookingrivals my Aunt Fran’s (rest inpeace). Top of my bucket list:a night hanging out with DaveGrohl.

Ann Z. Knotek, Brownsburg,Seventh District, is a practitioner at her firm, Ann Z. Knotek LLC.Previously, Ann served as a staffattorney at the Indiana Departmentof Natural Resources (2003-08) andas a family law practitioner inChicago (1993-2000). She receivedher B.A. from Yale University in1988 and her J.D. from Washing-ton University School of Law in St. Louis in 1993.

Ann is a member of theHendricks County (president, 2013 & 2014), Indiana State and American bar associations,Central Indiana Association of Collaborative Professionals,Association of Family &Conciliation Courts and theInternational Association ofCollaborative Professionals. She is also active with the Messiah


Daniel L. Askren Patrick J. Olmstead Jr.


RG 11.15_RG 09.05 11/20/15 12:16 PM Page 21

to grow collaborative family law in central Indiana.

Your inspiration: I took anaptitude test in 8th grade that indi-cated if I was a boy, I should be alawyer, and if I was a girl, I shouldbe a librarian.

Why bar association involve-ment: Building personal relation-ships with colleagues through theISBA has been an invaluable sourceof collegiality and support.

If not a lawyer: communica-tions

Fav hobbies: reading, karate,kitten fostering and walking. Favbook or author and current read-ing:What to Do When It’s YourTurn (And It’s Always Your Turn)by Seth Godin. I give it as a gradua-tion gift or when I think someoneneeds a boost. Fav vacation spot:walking around any big city. Fav food or restaurant:MiaFrancesca in Chicago. Top of

my bucket list: I would like to takemy sons to China.

Hon. Leslie (Les) C. Shively,Evansville, Eighth District, is judgeof the Vanderburgh Superior Court in Evansville. Previously, he practiced at the firms Shively & Associates and Fine & Hatfield.Judge Shively is a member of the



Lutheran Church, Misty EyesAnimal Center and the Yale AlumniSchools Committee.

She was born in Fort Wayne in 1965.

Professional enjoyment:I most enjoy representing childrenas a guardian ad litem and working

Ann Z. Knotek

Hon. Leslie C. Shively

Evansville (member, board ofdirectors; secretary, 1982-83) andIndiana State (chair, Land Use &Zoning Section, 2002-04) bar asso-ciations, and the Evansville BarFoundation. He received his B.S.from Indiana University in 1976and his J.D. from the I.U. Robert H.McKinney School of Law in 1980.Also in 1980, he earned his M.B.A.from Indiana University. JudgeShively is active with Youth First (board member), Ivy TechCommunity College (adjunct facul-ty member; former state trustee),Indiana University (former trustee)and the Methodist Youth Home(past board member). He alsoserved on the State Board of LawExaminers for 10 years, two ofwhich he served as president.

He was born in Evansville in 1954.

Professional enjoyment:I enjoy the aspect of solving prob-lems for people. In addition, I have

RG 11.15_RG 09.05 11/20/15 12:16 PM Page 22

been fortunate to have many long-term clients, which has afforded methe opportunity to participate inthe growth and development oftheir respective businesses andoccupations. Practicing lawrequires working with otherlawyers. I have developed manygreat relationships with many attor-neys throughout the state. Being a lawyer gives one the opportunityto associate with many creative andpassionate individuals.

Your inspiration:My fatherwas not a lawyer; however, severalof his closest friends were. As aresult, I had an opportunity to bearound them and observe them atwork and in the courthouse at anearly age. It did not take long forme to become “hooked.”

Why bar association involve-ment: Involvement in both the stateand local bar is important to medue to the opportunity for profes-sional development and to improvethe image of the bar with the gener-al public.

If not a lawyer: I can’t imaginedoing anything else. I am fascinatedwith media. Being a talk show hostmight be appealing.

Fav hobbies:My wife is a travelagent, and over our 25 years ofmarriage, she has arranged themost memorable excursions for ourfamily. Traveling (with my family)is my favorite activity. Fav book or author and current reading:My favorite author (fiction) isDavid Baldacci. Lately, I have been reading several historical/political nonfiction by Doris KearnsGoodwin and David McCullough.Fav vacation spot:Maui. Fav food or restaurant: St. Elmo’s in Indianapolis (filet and shrimpcocktail). When I am in Evansville,DiLegge’s (Veal Forester). Top ofmy bucket list: taking a year off and following the IndyCar circuit.

Crystal G. Rowe, New Albany,Ninth District, is a partner at thefirm Kightlinger & Gray, where shefocuses on appellate representation,insurance coverage and bad faith,insurance defense litigation and

She is a member of the FloydCounty, Indiana State (member,Appellate Practice Section) andAmerican (Council of AppellateLawyers) bar associations, DefenseResearch Institute and DefenseTrial Counsel of Indiana. Crystal is also active with the local chapterof Junior Achievement.

She was born in Louisville, Ky.,in 1974.

Professional enjoyment: work-ing with great legal minds. I reallyenjoy legal analysis and workingthrough issues in an effort to helppeople solve problems.

Your inspiration: I planned to be a lawyer for as long as I canremember. Part of that inspirationcame from watching legal-relatedtelevision shows (such as Matlockor reruns of Perry Mason) as a kidgrowing up.

Why bar association involve-ment: I think it is important to giveback to your legal community andto keep in close contact with otherattorneys and judges. Being anappellate practitioner, a lot of mywork is often behind the scenes.


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Crystal G. Rowe

professional liability. Previously,Crystal served as a law clerk forHon. L. Mark Bailey, Indiana Courtof Appeals, 2003-06; Hon. John T. Sharpnack, Indiana Court ofAppeals, 2001-03; and Hon. DanielG. Heath and Hon. David J. Avery,both of the Allen Superior Courtin Fort Wayne, 2000-01. (continued on page 24)

RG 11.15_RG 09.05 11/20/15 12:16 PM Page 23

So, I find being involved with thebar association a great way to inter-act with other attorneys and judges.

If not a lawyer: If I were not an attorney I would probably be amath professor, teaching anythingfrom lower-level mathematics toCalculus 4 (anything higher wouldbe beyond my skill set).

Fav hobbies: I love scrapbook-ing, bike riding and playing in thepark with my 10-year-old. Favbook or author and current read-ing: I am generally not a pleasurereader, but I do like some of JohnGrisham’s books. The most recentbook I read was Theodore Boone:The Accused. My daughter and I read this book together. Fav vaca-tion spot: Sanibel Island, Fla. Favfood or restaurant: California PizzaKitchen. I really like their cedarplank salmon dish. Top of mybucket list: skydive to overcome myfear of heights and of free falling.

Hon. Angela G. Sims,Anderson, Tenth District, was firstappointed judge of the MadisonCircuit Court by Gov. MitchDaniels in 2012 and then elected in2014. She also serves as judge of theMadison County Problem SolvingCourt. Previously, Judge Sims prac-ticed law at the firm Hulse LaceyHardacre Austin from 1999 to2012, becoming a partner at thefirm in 2005. She also served as a major felony public defender

Fav hobbies: I like to spendtime vacationing with my family,running and working on puzzles.Fav book or author and currentreading: John Grisham. Fav vaca-tion spot: anything Disney (themepark, resorts, cruises). Fav food or restaurant: pasta. Top of mybucket list: traveling Europe.

Hon. Tanya Walton Pratt,Indianapolis, Eleventh District, was appointed judge of the U.S.District Court, Southern District of Indiana, on June 15, 2010. JudgePratt is the first African Americanfederal judge in Indiana history.She fills the vacancy created by the elevation of Judge David F.



in Madison County from 2000 to 2012.

Judge Sims is a member of theMadison County (past president,2004) and Indiana State bar associ-ations and the Indiana JudgesAssociation. She serves on thefoundation board for St. VincentAnderson Regional Hospital and is active with her children’s schoolcommunity and her church com-munity.

She received her B.S. fromIndiana University in 1996 and herJ.D. from I.U. Robert H. McKinneySchool of Law in 1999.

She was born in Muncie in 1974.

Professional enjoyment:helping people

Your inspiration: probably my government class my senioryear of high school. I was fascinatedby the history of our FoundingFathers and the writing of our U.S. Constitution.

Why bar association involve-ment: it keeps me connected withother lawyers and my community.Being able to have a forum to col-laborate with colleagues not onlyallows you to develop professional-ly, but also transcends into lifelongfriendships.

If not a lawyer: teacher

Hon. Angela G. Sims

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From 2008 until her appoint-ment to the bench of the districtcourt, Judge Pratt served as a judgein the Marion Superior Court,Probate Division. Previously, she served as presiding judge ofSuperior Court, Criminal Division1, from Jan. 1, 1997 until Dec. 31,2008. Prior to her election as judge,she was a partner at the Indianap-olis firm Walton & Pratt, where shepracticed in the areas of family law,personal injury, probate and crimi-nal law. From 1994-96, she served

RG 11.15_RG 09.05 11/20/15 12:16 PM Page 24

as a master commissioner in theMarion Superior Court. Judge Pratt was also a public defender inMarion Superior Court, CriminalDivision, for five years.

Judge Pratt is a member of theIndianapolis (past vice president),Marion County (member, board ofdirectors) and Indiana State (mem-ber, House of Delegates; secretary,board of governors, 2009-10) barassociations. She is also a memberof the National Association ofWomen Judges. She serves on theIndiana Lawyer Reader AdvisoryPanel, CLEO Advisory Board and the American Inn of Court(Master). Judge Pratt has served asfaculty for ICLEF’s Annual PracticeSkills Summit and frequently servesas a faculty for the Indiana JudicialConference and the IndianapolisBar Association. In 2005, she wasChief Justice Randall T. Shepard’sappointee on the Indiana Sen-tencing Policy Study Commission.She has served as a member of the Marion Superior CourtExecutive Committee and from2001-07 as chair of the Dr. MartinLuther King Holiday Commissionin Indiana.

Judge Pratt received her B.A.from Spelman College in Atlanta,Ga., in 1981 and her J.D. fromHoward University School of Lawin Washington, D.C., in 1984.

She was born in Indianapolisin 1959.

Professional enjoyment:It may sound a bit cliché, but the advancement of jurisprudenceand making this nation a more justsociety through the legal systemprovide for an awesome feeling.

Your inspiration: Not what,but who inspired me to become alawyer – my father, the late CharlesA. Walton Sr., was a criminaldefense attorney in Indianapolisand a state representative in theIndiana General Assembly in thelate ’60s. As a child, I attended civil

rights rallies, Democratic Party

picnics and Saturday court sessions

with my dad. Because of him,

I always thought being a lawyer

was very cool.

Why bar association involve-ment: As a young lawyer, I wasattracted to bar association mem-

bership for the networking, leader-

ship and professional development

opportunities. As a more seniormember of the profession, barmembership provides rewardingbench and bar relationships andopportunities to mentor.

If not a lawyer: I would own a floral shop and be a master florist.

Fav hobbies: I enjoy genealogy,gardening, cooking and spending


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and American bar associations. She is also a member of the Na-tional Association of BankruptcyTrustees and the AmericanBankruptcy Institute.

Deborah was born in Chicagoin 1956.

Professional enjoyment:I enjoy solving complex problemswith my clients, many of whomcome to me to reorganize and savetheir family business. As a businessbankruptcy lawyer, I have practicedduring some remarkable times in our country’s history, the mostrecent being the Great Recession. I have also enjoyed the professionalfriendships and relationships I havemade with some wonderful attor-neys and judges.

Your inspiration: I hate to sayit, but it was the lack of jobs in 1978when I graduated from IndianaUniversity with a degree in forensicscience. Some of you may recallthat forensics wasn’t as exciting as CSI, but involved a guy namedQuincy, played by Jack Klugman, at a microscope. I spent a summerinterning in a crime lab in theChicago suburbs and quickly decid-ed that forensics was not for me,and besides, there were no jobs!

Why bar association involve-ment: I have occupied many posi-tions in the bar association, whichhave enabled me to meet and workwith attorneys from all over thestate. My experiences in the barhave been personally rewarding andvery beneficial in networking andbuilding a practice. I would like tocontinue the association’s efforts inincreasing its membership, particu-larly with the younger lawyers, sothat they too can experience themany benefits of joining andbecoming active in the bar associa-tion.

If not a lawyer: Broadwaydancer – provided I had more talent

Fav hobbies: ballet and jazzdancing, yoga, spending time with my husband and traveling toChicago and Seattle to see my chil-dren. Fav book or author and cur-rent reading: The following booksare on my nightstand: Eat, Pray,Love by Elizabeth Gilbert; The BoneClocks by David Mitchell; You byCaroline Kepnes; and Yes Please byAmy Poehler. Fav vacation spot:Fripp Island, S.C., Italy and BeaverCreek, Colo. Fav food or restau-rant: In keeping with my Italianheritage, I have to say Italian foodcooked by my mother and lategrandmothers. Top of my bucketlist: sitting on the beach watchingthe sunset with my husband everyday of the week!

Andrew Z. Soshnick,Indianapolis, Eleventh District, is a partner at Faegre Baker Daniels,where he concentrates his practicein counseling and representing



time with my family. Fav book or author and current reading:The Washingtons of WessyngtonPlantation by John F. Baker Jr. Fav vacation spot: Italy. Our two-week vacation to Tuscany, Romeand Florence with friends from law school was divine! Fav food or restaurant: chocolate cake. Top of my bucket list: travel on the Orient Express.

Deborah J. Caruso,Indianapolis, Eleventh District, has been a member of the firm Dale & Eke since 1980, practicing inthe areas of bankruptcy, creditors’rights and business litigation. She isa Chapter 7 panel trustee and rep-resents other trustees in Chapter 7cases, debtors and creditors in busi-ness bankruptcy cases, and out-of-court workouts. She received her

Deborah J. Caruso

A.B., cum laude, from IndianaUniversity in 1978 and her J.D.,cum laude, from the I.U. Robert H.McKinney School of Law in 1981.

She is a member of the India-napolis (Distinguished SeniorFellow; will serve as counsel to the president in 2016), IndianaState (past chair, Bankruptcy &Creditors’ Rights Section; pastcounsel to the president, board of governors; past chair,Compensation Committee)

Andrew Z. Soshnick

individuals in a wide array of com-plex family law matters, with par-ticular emphasis on the economicaspects of matrimonial law. Hereceived his B.A. and M.A. fromNorthwestern University in 1985and his J.D. from NorthwesternUniversity School of Law in 1988.

Drew is a member of theIndiana State Bar Association,

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American Academy of MatrimonialLawyers (Fellow) and theIndianapolis (Distinguished SeniorFellow), Indiana (Patron LifeFellow) and American (Fellow) barfoundations. He is also active withthe Indianapolis Public LibraryFoundation (director) and PhiGamma Delta fraternity, and is aNorthwestern University AlumniRegent.

He was born in Indianapolis in 1962.

Professional enjoyment:I enjoy the opportunity to helpindividuals overcome challengingsituations and better themselves.Pro bono service is particularlyrewarding.

Your inspiration:My father,who was a legendary Indiana triallawyer, was and is my inspiration.Every day I strive to be worthy of his memory.

Why bar association involve-ment:We have an obligation togive back to our communities, non-lawyers and colleagues. There is nobetter way to achieve that objectivethan through active bar associationparticipation. The opportunity toassist and mentor our communi-ties, nonlawyers and colleagues is invigorating and a privilege.

If not a lawyer: economics professor

Fav hobbies: running, weightlifting and attending rock concerts.Fav book or author and currentreading: any political or militaryhistory. Fav vacation spot: anyplace with mountains or deserts.Fav food or restaurant: anythingtuna or salmon. Top of my bucketlist: fronting a rock ’n’ roll bandthat headlines the DownloadFestival.

Rafael A. Sanchez,Indianapolis, At-Large DistrictRepresentative, is vice president of business development and legalaffairs at Fineline Printing Group, a full-service commercial printing


Rafael A. Sanchez

company. Previously, Rafael was a partner at the firm BinghamGreenebaum Doll. He received hisB.A. from the University of PuertoRico, Río Piedras, in 1996 and hisJ.D. from I.U. Maurer School ofLaw in 2002. He also studiedabroad for a semester at ESADELaw School in Barcelona, Spain,in 2001.

Rafael is a member of theIndianapolis and Indiana State bar associations and a Fellow of theIndianapolis and Indiana bar foun-dations. He is also active with thePlan 2020: The Bicentennial Planfor Indianapolis (co-chair, leader-ship team); Indy Chamber (secre-tary); and Cancer Support Com-munity (chairman). He served assecretary for the 2018 Super BowlBid Committee.

Rafael was born in San Juan,Puerto Rico, in 1974.

Professional enjoyment:I enjoy the ability to make a mean-ingful difference in people’s livesand in the community we all live in.

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Being a lawyer has enabled me tolook at situations from a differentperspective, always keeping in mindthe “whole picture” and identifyingcreative ways to solve a problem.Armed with these skills, it is nowonder that lawyers are some of themost civically engaged professionalsin society. In my opinion, this is the most rewarding aspect of beinga lawyer.

Your inspiration: From an early age, I always wanted tobecome a lawyer to protect andadvise my family and friends inbusiness and personal matters.Again, it was the notion of beingable to make a difference.

Why bar association involve-ment: I think it’s important to giveback to the profession and stayengaged with the legal community.The networking at bar associationfunctions is always worthwhile and has led to many professional

opportunities. At its highest level, it is also an opportunity for me toimpact how lawyers are perceivedin the broader community andidentify areas where we can collec-tively become civically engaged and serve our communities.

If not a lawyer: corporateCEO/executive

Fav hobbies: spending timewith my family, traveling andwatching movies. Fav book orauthor and current reading: One of my favorite books is The Death of Common Sense: How Law isSuffocating America because it is so commonsensical. Fav vacationspot: anywhere there is a beach(with a few exceptions). Fav foodor restaurant: Puerto Rican cuisineranks at the top of my list (for obvi-ous reasons), but I don’t mind eat-ing at Ocean Prime every now andthen. Top of my bucket list: Theability to create unlimited bucket



lists, but, if that option is not avail-able, then to take my family on a month-long, multi-country,European vacation.

Shontrai D. Irving, Hammond,At-Large District Representative, is an assistant clinical professor at the College of Business, PurdueUniversity Calumet. Previously,Shontrai served as an attorney forState Farm Insurance (litigation)from 2005-14. He received his

Shontrai D. Irving

undergraduate degree from IndianaUniversity-Bloomington in 1997and his J.D. from the I.U. MaurerSchool of Law in 2003 while alsopursuing a master’s degree in crim-inal justice. He also earned a mas-ter’s degree in business administra-tion from Purdue UniversityCalumet’s Executive Program.

Appointed by the IndianaSupreme Court, Shontrai currentlyserves on the state commission forCLE. He is an active member of theJames C. Kimbrough (past presi-dent), Lake County, Indiana State(recipient, Outstanding YoungLawyer Award, 2010; recipient,Hon. Viola J. Taliaferro Award,2008; recipient, Community Service Award, 2013) and Americanbar associations. Shontrai is also a member of numerous community

RG 11.15_RG 09.05 11/20/15 12:16 PM Page 28

organizations and has served as a foster parent since 2006.

He was born in Gary in 1974.

Professional enjoyment:That is a difficult question toanswer because I enjoy severalthings about the profession. I reallyenjoy having the opportunity tohelp people resolve disputes andissues. I also get a great deal of fulfillment in the opportunities to help the less fortunate in oursociety as well as children.

Your inspiration:My biggestinspiration for becoming a lawyerwas to acquire knowledge andresources so that I could make a difference in my community.Moreover, I knew that a lot of people who made significantadvancements in the world had a law background or were able to use the law for making positivechanges.

Why bar association involve-ment: Association in the bar isextremely important to me becauseit gives me an opportunity to stayconnected in the profession andmost importantly it serves as a wayto uphold the mission of the bar tothe community and to those withinthe profession.

If not a lawyer: Outside ofbeing a professor, I would havechosen to be a televisionanchor/host of a TV show.

Fav hobbies:My favorite hob-bies are playing tennis and attend-ing sporting events and culturalactivities. Fav book or author andcurrent reading: From a spiritualperspective, my favorite book is the Bible. Fav vacation spot: KeyBiscayne, Fla. Fav food or restau-rant:My favorite type of food isItalian. I like pasta and anythingtomato-based. Top of my bucketlist: visiting all four of the GrandSlams in tennis.

Jeff R. Hawkins, Sullivan,Immediate Past President, practiceslaw with his wife, Jennifer, atHawkins Law PC in Sullivan, Ind.They both concentrate in the areasof estate planning, trust and estateadministration, and elder law. Jeffalso concentrates in the areas ofbusiness law and civil mediation.Jeff received his B.S. from IndianaUniversity’s Kelley School ofBusiness in 1988 and his J.D.

Read” program by reading tokindergarten students.

He was born in Sullivan in 1966.

Professional enjoyment:At the end of an initial client meet-ing, I often ask, “How do you feelnow?” I love hearing my belea-guered client reply, “I think I ambetter now, and I may be able tosleep tonight.”

Your inspiration: lawyers that overcome problems boldly and creatively (e.g., John Adams,defense counsel for British soldiersafter the Boston Massacre;Abraham Lincoln, Union Armycommander-in-chief during theCivil War; Thurgood Marshall,landmark civil rights litigator; andKenneth Feinberg, special master of the September 11th VictimCompensation Fund).

Why bar association involve-ment: The ISBA promotes the bestinterests of my Hoosier friends,family and peers. As the practice of law evolves in the technologicalrevolution, the ISBA will helpreshape the most basic elements of what it means to be a lawyer,judge, law practice regulator or law professor.

If not a lawyer: teacher, counselor or minister

Fav hobbies: traveling with myfamily, reading, watching historicaldocumentaries, hunting, trying toplay banjo and getting my next shotback on the fairway. Fav book orauthor and current reading:Myfavorite book is Team of Rivals: ThePolitical Genius of Abraham Lincolnby Doris Kearns Goodwin. My nextreading is a memoir of my friendand CenterPeace.net founder, SallyGary, titled Loves God, Likes Girls.Fav vacation spot: holding mysweetie’s hand on any sunny beachwith a cool breeze. Fav food orrestaurant: the well-kept secret that


Jeff R. Hawkins

from the University of Louisville’sLouis D. Brandeis School of Law in1992. He was admitted to practicein Indiana in 1992 and in Illinois in2012. He became a registered civilmediator in Indiana in 2013.

Jeff is a member of the TerreHaute, Sullivan County, IndianaState (member, board of governors;past chair, House of Delegates; past chair, Probate, Trust & RealProperty Section), Illinois State and American bar associations. He is also a Fellow of the AmericanCollege of Trust & Estate Counseland a member of the NationalAcademy of Elder Law Attorneysand the Indiana Association ofMediators. Jeff is an active memberof the Westside Church of Christ(elder, 2005-present) and SullivanRotary Club (president, 2012-13).He volunteers for the WabashValley United Way’s “Real Men (continued on page 30)

RG 11.15_RG 09.05 11/20/15 12:16 PM Page 29

of visitors for Indiana Tech Law School. Judge Felts was born in Fort Wayne in 1954.

Professional enjoyment:Two things come to mind. I like the process of identifying, analyzingand solving problems in an orderlyfashion, and I enjoy working withand being around lawyers, the vastmajority of whom are great people.

Your inspiration: Very honest-ly, I decided to go to law school atthe beginning of my senior year ofcollege because I didn’t have any-thing else lined up and wasn’t surewhat else I would do upon gradua-tion. I’m extremely blessed andgrateful that fate intervened in thatway. I can’t imagine enjoying anyother profession more than I’veenjoyed being a lawyer.

Why bar association involve-ment: It’s a matter of collegiality,networking and impact. Involve-ment in a bar association, at anylevel, provides an opportunity tointeract with fellow legal profes-sionals in ways that help us do ourjobs better as well as provide the“strength in numbers” to effectuatechange. I will always tell younglawyers to take advantage of oppor-tunities presented to them, and barassociation involvement maximizesone’s ability to recognize theseopportunities.

If not a lawyer: From a practi-cal standpoint, I would probablychoose to be a teacher at either thecollege or high school level. I havebeen an adjunct professor, both atthe undergraduate and law schoollevel, and enjoyed it very much. If finances weren’t a necessary factor, I would probably follow my original dream of playing thepiano and singing in a bar some-place warm.

Fav hobbies:My outside interests generally fall into two categories – running and music. I run approximately 25-45 miles

a week, have completed 24 mara-thons and run in four to five raceseach year. I play the piano for fun and serve as a substitute can-tor/liturgist for a few churches in town. I also sing in my churchchoir and am part of a contempo-rary Christian/Catholic group that has recorded two CDs and performs occasionally at churchesand other religious services. Favbook or author and current read-ing: Like many lawyers, I have readall of John Grisham’s books andenjoyed them very much. I havejust finished his latest novel, GrayMountain. Fav vacation spot:Mywife and I spent Labor Day week-end this year at the Grand Hotel onMackinac Island, our eighth timethere. It is beautiful, peaceful andrelaxing. Fav food or restaurant:My ideal meal would be great foodand drink at a classic Irish pub,whether in Dublin, New York Cityor even closer to home. Top of mybucket list: I’ve made no secret, tothose who know my family and meespecially, of the fact that my goal is to live, and live well, to age 100 –that would be awesome.

Michael E. Tolbert, Gary,Chair-Elect, House of Delegates, is a partner at the firm Tolbert &Tolbert. He received his under-graduate degree from ValparaisoUniversity in 1997 and his J.D.from Valparaiso University Schoolof Law in 2000. Michael is a mem-ber of the Lake County, Kimbroughand Indiana State bar associations.He is active with the Gary Cham-ber of Commerce and serves on the boards of the United NegroCollege Fund and TriumphantTransitions, Inc.

Michael was born in Gary,Ind., in 1975.

Professional enjoyment: I real-ly enjoy the opportunity to assistcommunities, individuals and com-panies during difficult times. It feels



offers local delicacies. Otherwise, I enjoy grilling and eating on theback porch in view of the deer andother wildlife that surrounds ourhome. Top of my bucket list: chart-ing my genealogy to find my ances-tors’ emigration to the UnitedStates.

Hon. Thomas J. Felts, FortWayne, Chair, House of Delegates, is judge of the Allen Circuit Court.Previously, he served as a magis-trate for the court and was an asso-ciate, then partner at the firm BurtBlee Dixon Sutton & Bloom LLP.

Hon. Thomas J. Felts

Judge Felts received his B.A. fromthe University of Notre Dame in 1976 and his J.D. from the I.U. Maurer School of Law in1979. He is a member of theAllen County and IndianaState bar associations.

Judge Felts currently serves as a member of the boards of directors for the Indiana JudgesAssociation, Allen County Com-munity Corrections, FoellingerFoundation, Indiana JudicialConference, St. Joseph CommunityHealth Foundation and the Metro-politan YMCA of Greater FortWayne. He is also a member of the Indiana General AssemblyInterim Committee on Courts & the Judiciary and the board

RG 11.15_RG 09.05 11/20/15 12:16 PM Page 30

good to help someone solve a problem, bringing value to theirlives.

Your inspiration: I was deeplyinspired by Johnnie Cochran’s per-formance during the O.J. Simpsonjury trial. That was the first time I actually got the chance to see a trial lawyer of color perform at a high level.

Why bar association involve-ment: Involvement in the bar asso-ciation is crucial in changing thenegative perception of lawyers inour society. Participation in the barassociation provides me with theopportunity to serve my communi-ty and change how lawyers are perceived by the general public.

If not a lawyer: That is a verydifficult question. I always wantedto be in the FBI. Law enforcementwould probably be my second call-ing. Also, I would probably work as a community activist in somecapacity.

Fav hobbies:My favorite hob-bies are reading and chess. Favbook or author and current read-ing: I am currently reading thebiography of Elon Musk. Fav vaca-tion spot: St. Lucia. Fav food orrestaurant:My favorite food ispizza. My favorite restaurant isGino’s East. Top of my bucket list:courtside seats to a Lakers game atthe Staples Center in Los Angeles.

Benjamin D. Fryman,Valparaiso, Chair, Young LawyersSection, is a founding partner andthe current CEO of the firmSchwerd Fryman & Torrenga LLP.Previously, he was an associate atthe Highland, Ind., Hilbrich LawFirm. He received his B.S., cumlaude, from Indiana WesleyanUniversity in 2001 and his J.D.from the Valparaiso UniversitySchool of Law in 2005. He is amember of the Porter County (current president), Lake Countyand Indiana State bar associations,National Diocesan AttorneyAssociation, Indiana Trial LawyersAssociation and the American Innsof Court. He is also active with the

person who was always excited totalk about his profession.

Why bar association involve-ment: Bar association involvementis perhaps the best way for us topositively influence public percep-tion of attorneys, and our concert-ed efforts also tend to increase civil-ity among us, which is needed.

If not a lawyer: farmer

Fav hobbies: hunting and fishing. Fav book or author andcurrent reading: Depends, but for a great thriller, it’s hard to beat any-thing by Vince Flynn. Fav vacationspot: Pigeon Forge, Tenn. Fav foodor restaurant: Buffalo Wild Wings.Top of my bucket list: I am 37 yearsold. That’s way too young to bemaking a bucket list. For now, mygoal is to raise my kids to be goodpeople and enjoy them whilethey’re young. �


Michael E. Tolbert

Benjamin D. Fryman

Faith Memorial Lutheran Church,where he serves on its board ofdirectors and as finance chair.

Ben was born in Wauseon,Ohio, in 1978.

Professional enjoyment:working out solutions to complexproblems

Your inspiration: GeorgeHubbard, my grandpa and the onlylawyer in our family. He practicedin Detroit when it was the wealthi-est city in America, which is hard toimagine now. He was retired by thetime I was born, but he was the first

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It happens from time to timethat lawyers receive documentsfrom opposing counsel that

appear to have been inadvertentlysent. As communications becomemore technology-driven andinstantaneous, it probably happensmore than it used to. What’s thereceiving lawyer to do? As withmany ethics questions, there’s a rule for that – sort of.

Background

Rule 4.4(b) addresses the ethics aspect of these circum-stances. It says: “A lawyer whoreceives a document relating to therepresentation of the lawyer’s clientand knows or reasonably shouldknow that the document was inadvertently sent shall promptlynotify the sender.”

Rule 4.4(b) firstcame on the scene inIndiana as of Jan. 1,2005. It is based on the correspondingABA Model Rule ofProfessional Conductthat was adopted in February of 2002.Before then, there wasno rule that expresslyaddressed how lawyersshould conduct them-selves under these cir-cumstances. Not allstates have adoptedRule 4.4(b). Before itsadoption, ethics opin-ions were not uniformin addressing whatlawyers should do,with some of themconcluding that thereceiving lawyer hadan ethical duty toavoid reading the doc-ument upon realizingthat it was inadver-tently sent, contact

the sender and comply with thesender’s instructions.

We’ll get into that rule ingreater depth, but first we need tofocus on the inadvertent sender.

The sender’s perspective

Rule 1.6(a) governs the protec-tion of client information. It is verybroad. Lawyers must keep confi-dential all “information relating to representation of a client.” Thereare exceptions – important excep-tions – but they are not the focus of this column. Two comments to Rule 1.6 give further guidance.Comment [16] tells us that “[a]lawyer must act competently tosafeguard information” about client matters. The American BarAssociation recently amended the Model Rule of ProfessionalConduct on lawyer competency,Rule 1.1, to include the followingcomment language: “[A] lawyershould keep abreast of changes inthe law and its practice, includingthe benefits and risks associatedwith relevant technology … .” That language has not been addedto Indiana’s rules, but do we reallyneed a comment to tell us that partof competent lawyering is to under-stand how technology mightimpose risks to our client responsi-bilities, including our duty of confidentiality?

In addition, Comment [17] to Rule 1.6 warns us that “[w]hentransmitting a communication that includes information relatingto the representation of a client, the lawyer must take reasonableprecautions to prevent the informa-tion from coming into the hands ofunintended recipients.” This com-ment itself has a wide reach, fromtechnology to staff. Of course, wemust stay abreast of improvementsin technology to protect clientinformation. See Lundberg, “Ready,Aim, Disclose: Understanding the

Power of the Email ‘Send’ Buttonin Your Law Practice,” Vol. 55, No. 7 Res Gestae 30 (March 2012);Lundberg, “Mining for Metadata:Ethics Questions SurroundingInadvertently Sent EmbeddedData,” Vol. 50, No. 6 Res Gestae 35(January/February 2007). But wemust also have reasonable measuresin place so that the nonlawyers whowork with us also act compatiblywith lawyer professional responsi-bilities. Prof. Cond. R. 5.3(a) and(b). See Lundberg, “Managerial and Supervisory Responsibility for Avoiding Conflicts of Interest,”Vol. 57, No. 8 Res Gestae 32 (April2014). Staff training about theimportance of protecting clientinformation from inadvertent disclosure is critical.

When a lawyer (or someonewho works for a lawyer) inadver-tently sends information about a client’s legal matter to anotherlawyer, we need to pause and thinkabout what went wrong on thesending lawyer’s end that causedclient information to be inadver-tently sent. We don’t mean to suggest that inadvertently sendingclient information to anotherlawyer is a res ipsa case for lawyerincompetence. Sometimes, in spiteof the most rigorous protections,the unexpected happens. But othertimes, lawyers are just plain carelesswith client information. It is the latter lawyers who ought to worryabout their competence when theyinadvertently send client informa-tion to another lawyer. It is way toolate in the day for lawyers to claimignorance of technology as anexcuse for inadvertently disclosingclient information.

Upon becoming aware of inad-vertently sending client documentsto another lawyer, the sendinglawyer has one more piece ofimportant business to attend to –communicating with the client.

ETHICS CURBSTONE

The misunderstood world of inadvertent disclosure of documents

By Donald R. Lundberg and Caitlin S. Schroeder


Caitlin S. SchroederBarnes & Thornburg LLP

Indianapolis, [email protected]

Donald R. LundbergBarnes & Thornburg LLP


RG 11.15_RG 09.05 11/20/15 12:16 PM Page 32

Client communications are gener-ally governed by Rule 1.4. Most relevant to this situation is Rule1.4(a)(3), which states: “A lawyershall keep the client reasonablyinformed about the status of thematter.” This rule does not dictatethat a lawyer must tell the clientwhen the lawyer inadvertentlysends client information to anotherlawyer, but such an event is a statuschange that could be consequential.The client should be promptlyinformed. It is always best to surface problems with clients earlyon and work through the issue inconsultation with the client. Clientsnever appreciate learning of a prob-lem for the first time after it hasblown up into a major problem for the representation.

The recipient’s perspective

So, that’s the sender’s side ofthe equation: the need to exercisecompetence in protecting clientinformation. What about thereceiver’s side? For starters, underthese circumstances, keep in mindthat the receiving lawyer did noth-ing to create the circumstances.One can sympathize with thelawyer whose client’s information isinadvertently released due, perhaps,to a staff member pressing a wrongbutton. But one can probably sym-pathize more with the receivinglawyer who did nothing to invite a difficult situation. Let’s carefullyconsider the elements of Rule4.4(b) that focus on the receivinglawyer’s duties. The trigger for thereceiving lawyer to do anything atall is that the receiving lawyer mustactually know that the documentwas inadvertently sent, or under an objective standard, be reason-ably deemed to know that the document was inadvertently sent.

Sometimes it is obvious thatthe document was sent inadvertent-ly. Other times, it is hard to tell.

Take this example: Opposing counsel attaches a document to amotion. It seems out of place in thecontext of the motion. The motionwas clearly not inadvertently sentbecause it had to be served onreceiving lawyer. But what aboutthe unusual attachment? Was itinadvertently sent as part of anintended communication? Lawyerssometimes have “creative” under-standings of what is relevant, so anattachment that seems strange tothe receiving lawyer might havebeen attached intentionally by thesending lawyer. Since (as we shallsee) what is ethically required is somodest, when in doubt, it might beprudent for the receiving lawyer topick up the phone, call opposingcounsel, and ask if the attachmentwas intentionally included.

Once triggered, Rule 4.4(b)’sdemands are simple – notify thesender. As the inadvertently send-ing lawyer, that is usually a panic-inducing notice. The mind races.

What went wrong? How do I tellmy client? How can I fix this?

Law external to the Rules of Professional Conduct

What else? What should thereceiving lawyer do with the docu-ment? Should she stop reading onceit becomes clear that it was inadver-tently sent? Comment [2] to Rule4.4 says that what the lawyer mustdo or refrain from doing other thannotify the sender is a matter of law,not professional responsibility.Thus, other responsibilities or howthe situation should be addressedmoves into the realm of law, notethics.

Comment [3] gives some guid-ance, but not much: “Some lawyersmay choose to return a documentunread, for example, when thelawyer learns before receiving thedocument that it was inadvertentlysent to the wrong address. Where a


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RG 11.15_RG 09.05 11/20/15 12:16 PM Page 33

lawyer is not required by applicablelaw to do so, the decision to volun-tarily return such a document is a matter of professional judgmentordinarily reserved to the lawyer.See Rules 1.2 and 1.4.” Manylawyers think they can, in the exercise of professional judgment,return the document to the sender(who might be a friend or profes-sional acquaintance) without evenconsulting the client.

We urge greater caution. If there is no external law requiringthe return of the document unread,lawyers should be hesitant to do so without consulting the client.Look at the cross-referenced rules.Rule 1.2(a) says that a lawyer mustconsult with the client as to themeans by which the client’s objec-tives are to be pursued. Rule 1.4 is all about the obligation of lawyersto communicate appropriately with their clients.

Absent a legal duty directingthe lawyer to return the documentto the sender, it would be risky to do so without consulting withthe client. That said, the nature of the consultation with the clientcould well involve a frank discus-sion about fairness in the adversaryprocess, the Golden Rule, and the lawyer urging the client toapproach the circumstances honor-ably. In fact, the lawyer would beperfectly within her rights to hearthe client out, then advise the clientthat she feels morally obligated to return the document unread – in effect, daring the client to firethe lawyer if the client disagrees.Lundberg discussed this tensionbetween lawyer and client decision-making in greater depth in “MoralDissonance in the Practice of Law,”Vol. 56, No. 7 Res Gestae 22(March 2013).

But we’re not done yet becauseoften the document inadvertently

disclosed is a “jackpot” for thereceiving lawyer, and the receivinglawyer may want to use that docu-ment over the sending lawyer’sobjection. What happens next willvary with the circumstances, but itusually involves bringing any dis-pute over the document in front of a tribunal for judicial resolution.How the courts handle the inadver-tent disclosure of documents, par-ticularly privileged ones, has inrecent years tended to gravitatetoward a balancing of interests. Onthe one hand, some courts tend tobe solicitous of the problem of thereceiving lawyer who did nothingto become the recipient. On theother hand, courts tend to looksearchingly at what the sendinglawyer did or did not do to avoidthe inadvertent transmission. The result will usually be very fact-specific. Compare JWP Zack, Inc. v.Hoosier Energy Rule Elec. Coop., 709N.E.2d 336 (Ind. Ct. App 1999) (nowaiver of privilege where counselincluded roughly 25 privileged doc-uments in 2-1/2 bankers boxes ofdocuments provided to the otherside for inspection and copying,and realized his mistake within 30-45 minutes), with Draus v.Healthtrust, Inc., 172 F.R.D. 384(S.D. Ind. 1997) (waiver foundwhere privileged document waslisted on privilege log but also pro-duced to opposing counsel, eventhough counsel and a paralegalhad reviewed the roughly 2,400pages of documents before produc-tion and discovered error within24 hours). Equitable considera-tions of what is fair round outthe balance.

In effect, the judicial balancingact tends to default in favor ofallowing the recipient to use thedocument. But the balance canswing the other way when, forexample, the document was inad-vertently sent under circumstances

ETHICS CURBSTONE continued from page 33


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that could not have been reasonablyanticipated and prevented, com-bined with a recipient who shouldhave known it was inadvertentlysent before reading the document,but chose to read it anyway.

If the court rules against thesending party, that is pretty muchthe end of the matter. If the courtrules against the receiving party, life gets complicated because thereceiving party cannot un-ring the bell of knowledge gained uponreading the document. This canresult in disqualification of receiv-ing counsel. Thus, prudence dic-tates that the receiving lawyer stopreading once it is likely that thedocument was inadvertently sent,embargo the document in itsunread form, and notify the other party. If the sending lawyerdemands that the document bereturned, the receiving lawyer, inconsultation with her client, willneed to assess the circumstances in light of the anticipated outcomeif the dispute gets before a court.

Choice of law

That should be the end of it,right? Not so fast. We mentionedearlier that not all states have a4.4(b) and instead hold to the viewthat lawyers are ethically obliged to do more than simply notify thesender. If these circumstances arisein a multi-jurisdictional matter,another state’s rule might govern.For Indiana lawyers, what profes-sional conduct rule to follow isdetermined by Rule of ProfessionalConduct 8.5(b), which governschoice of law in professionalresponsibility matters. As to mat-ters in connection with proceedingsbefore a tribunal, professionalresponsibility questions are con-trolled by the professional conductrules of the jurisdiction in whichthe tribunal sits, unless those rulesprovide differently. Rule 8.5(b)(1).

Otherwise, the rules that govern arethose of the jurisdiction in whichthe lawyer’s conduct occurred or the jurisdiction in which thelawyer’s conduct has “predominanteffect.” Rule 8.5(b)(2).

This is a general choice-of-lawprovision, not just applicable toRule 4.4(b). Lawyers can be caughtoff guard if they are involved inmulti-jurisdictional matters andrely on the Indiana Rules ofProfessional Conduct withoutbeing cognizant of this choice-of-law rule.

Conclusion

When a lawyer receives a docu-ment that appears to have beeninadvertently sent, the receiver’sinitial inclination might be to readit and exploit it, perhaps secretly.That might be the natural thing todo, but it does not comply with theRules of Professional Conduct and

might create a problem for thereceiver’s representation of her ownclient. The better approach upondiscovery that a document wasprobably inadvertently sent is tostop reading and carefully thinkthrough the ethical and legal impli-cations of the circumstances.

When a lawyer becomes awarethat she inadvertently sent clientcommunications, the world mightseem to have stopped spinning onits axis. But it is not a time forpanic; it is a time for thoughtfulproblem solving in partnershipwith the client. �


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In July, the Indiana SupremeCourt issued two civil opinionsand granted transfer in three

civil cases. The Indiana Court ofAppeals issued 19 published civilopinions. The full texts of theseopinions are available viaCasemaker at www.inbar.org.

SUPREME COURT DECISIONS

Supreme Court reaffirmsappropriate amount of grand-parent visitation will varydepending on circumstances of each case

In In Re the Visitation of L-A.D.W; R.W. v. M.D. and W.D.,No. 82S01-1507-DR-452, theIndiana Supreme Court addressedthe amount of grandparent visita-tion that is permissible under the

Grandparent Visita-tion Act, Indiana Code §31-17-5-1, -10.In this case, the minorhad a close relation-ship with her maternalgrandparents from thetime of her birth. Afterthe minor’s motherdied, the maternalgrandparents filed for visitation rightswith the minor underthe GrandparentVisitation Act.

The trial courtdetermined that it was in the minor’s best interest to have a meaningful and on-going relationshipwith her grandparentsand ordered a visita-tion schedule. Onappeal, the Court ofAppeals affirmed thetrial court’s order forgrandparent visitation.However, it reversedand remanded on the

amount of visitation, concludingthat the amount of visitationexceeded the “occasional, tempo-rary visitation” permitted under the Grandparent Visitation Act.The Indiana Supreme Court summarily affirmed the Court of Appeals’ decision on the issuesrelated to the trial court’s ordergranting grandparent visitation.

With respect to the amount of visitation allowed under theGrandparent Visitation Act, theIndiana Supreme Court recognizedthat it has not “set a standard fordetermining what amount of visita-tion is appropriate for a trial courtto award.” It elected not to set a definite standard, stating that“strict standards on the amount of permissible visitation under theGrandparent Visitation Act wouldbe difficult to craft.” Rather, theCourt concluded that the appropri-ate amount of visitation would varydepending on the circumstances of each case.

The Supreme Court found that the amount of visitationawarded was not an abuse of discre-tion. The similarity between the visitation ordered by the trial courtand the Parenting Time Guidelineswas not sufficient, standing alone,to require finding an abuse of dis-cretion. Additionally, the trial courtconsidered the “extensive role” thematernal grandparents had playedin the minor’s life, which includedperforming tasks such as cookingmeals for the minor, doing theminor’s laundry, and taking theminor to and from school.

Chief Justice Rush concurredin the result only and filed a sepa-rate opinion, which Justice Ruckerjoined. Chief Justice Rush wouldapply closer scrutiny to the trialcourt’s determination of theamount of grandparent visitation to ensure that the overall quantity

does not interfere with the naturalparents’ constitutional right todirect their children’s upbringing.

On rehearing, Supreme Courtconcludes defendant had notwaived affirmative defenses not raised in its motion for summary judgment because it did not have duty to raise all of its affirmativedefenses at the time it movedfor summary judgment

In Wellpoint, Inc. v. NationalUnion Fire Insurance Company, No. 49S05-1404-PL-244, theIndiana Supreme Court granted a Petition for Rehearing filed byDefendants-Appellees ContinentalCasualty Company and Twin CityFire Insurance Company (collec-tively “CNA”). The Court conclud-ed that CNA had not waived theaffirmative defenses not raised in its motion for summary judgmentbecause it did not have a duty toraise all of its affirmative defenses at the time it moved for summaryjudgment. Consequently, IndianaTrial Rule 56(B) limited theSupreme Court’s authority to grantsummary judgment for Plaintiffs-Appellants Wellpoint, Inc. andAnthem Insurance Companies, Inc. (collectively “Anthem”).

The Court modified the fifthparagraph of its opinion inWellpoint, Inc. v. Nat’l Union FireIns. Co., 29 N.E.3d 716 (Ind. 2015),to clarify that CNA’s motion forsummary judgment raised only cer-tain issues of law. It also modifiedthe final paragraph of its opinion to include an instruction to the trialcourt to direct entry of summaryjudgment for Anthem on only theissues raised in CNA’s motion forsummary judgment. The Courtnoted that its opinion remains in full force in all other respects.

RECEN

T DECISIONS 7/15

Appellate civil case law updateBy Maggie L. Smith and Emily K. Cremeans


Emily K. CremeansFrost Brown ToddIndianapolis, Ind.

[email protected]

Maggie L. Smith Frost Brown Todd LLC


RG 11.15_RG 09.05 11/20/15 12:16 PM Page 36

SUPREME COURT TRANSFER DISPOSITIONS

The Indiana Supreme Court granted transfer in the following civil cases, with the opinions to follow at a later date:

• Miller v. Danz, 27 N.E.3d 774(Ind. Ct. App. 2015) (Friedlander,J.) transfer granted July 2 (dealingwith whether Indiana Rules of TrialProcedure allow a plaintiff to insertthe name of a real party in interestfor the name of an unknown per-son at any time).

• AM General, LLC v. Armour,27 N.E.3d 817 (Ind. Ct. App. 2015)(May, J.) transfer granted July 2(dealing with whether providingpromissory note to a formeremployee, instead of cash, fulfillsthe long-term incentive paymentportions of an employment agree-ment).

• Schmidt v. Indiana Ins. Co.,24 N.E.3d 516 (Ind. Ct. App. 2015)(May, J.) transfer granted July 6(dealing with allegations of negli-gent procurement of insurance byinsurance agent and of bad faith by insurer).

SELECTED COURT OF APPEALS DECISIONS

As a matter of first impression,Medical Malpractice Act does not provide mechanismfor challenging Medical Review Panel chair’s selected replacement panelist

The court in Tramill v.Anonymous Healthcare Provider, 37 N.E.3d 553 (Ind. Ct. App. 2015),reviewed the Medical MalpracticeAct statutory procedure for select-ing a replacement medical providerpanelist on the Medical ReviewBoard. The relevant statutes pro-vide: “Each party to the action hasthe right to select one health careprovider, and upon selection, thetwo health care providers thus

selected shall select the third pan-elist.” I.C. §34-18-10-6. “Within 15days after their selection, the healthcare provider members shall selectthe third member within the timeprovided and notify the chairmanand the parties. If the providers failto make a selection, the chairmanshall make the selection and notifyboth parties.” I.C. § 34-18-10-9.

A selected panel member maybe challenged as follows: “Within10 days after the selection of a panelmember, written challenge withoutcause may be made to the panelmember. Upon challenge or excuse,the party whose appointee waschallenged or dismissed shall selectanother panelist. If the challengedor dismissed panel member wasselected by the other two panelmembers, the panel members shallmake a new selection. If two suchchallenges are made and submitted,the chairman shall within 10 days

appoint a panel consisting of threequalified panelists and each sideshall, within 10 days after theappointment, strike one panelist.The party whose appointment waschallenged shall strike last, and theremaining member shall serve.”I.C. §34-18-10-10.

In this case, each party selecteda panel member, and those panelmembers selected Dr. Hawley as thethird panelist. Dr. Hawley was thenremoved from the panel because ofhis business relationship with thedefendant’s expert. The chairmanrequested that the two party-select-ed panelists select the replacement,but they did not do so, leaving theselection to the chairman.

As a matter of first impression,the issue on appeal was whether theparties were permitted to challengethe chairman’s selection of the sec-ond replacement panelist pursuant



RG 11.15_RG 09.05 11/20/15 12:16 PM Page 37

to Indiana Code Section 34-18-10-10, or whether the selection wasfinal because Indiana Code Section34-18-10-10 does not provide amechanism for challenging thatselection.

Adopting the latter interpreta-tion, the court held, “The Actexplains how to replace a chal-lenged party-selected panelist or a panel-member-selected panelist.I.C. §34-18-10-10. The Act, howev-er, is silent regarding the replace-ment of a chairman-selected pan-elist.” From this, the court conclud-ed, “[T]he Legislature did notintend to allow challenges to achairman-selected panelist.” First, “[u]nlike panelists who areselected by the parties or by theparty-selected panelists, the chair-man is not acting on behalf of aparty.” Second, “it is clear that theLegislature intended the medicalreview panel process to proceedexpeditiously. … Allowing parties

to challenge a chairman-selectedpanelist would unnecessarily pro-long the selection process only to end up with the same result – a panelist who was nominated by the chairman.”

Other COA decisions

• “Plaintiffs essentially arguethat Greenwood’s admission offault effectively negates the impor-tance of the location of the accidentand, consequently, the lex loci delec-ti presumption. We disagree. Forone, this approach would causepeculiar results in cases such as this.At any point during litigation, if thedefendant admits fault, then theapplicable state law could change.Such a precedent would significant-ly discourage stipulations of fault.Furthermore, we think it would beimproper to so easily disregard thelex loci delecti presumption. ‘Peopledo not take the laws of their homestate with them when they travelbut are subject to the laws of thestate in which they act.’ Indiana lawunquestionably applies to deter-mine liability in this case. To applyanother state’s laws to the issue of damages would require us toengage in dépeçage, which we cannot do.” Rexroad v. GreenwoodMotor Lines, Inc., 36 N.E.3d 1181(Ind. Ct. App. 2015) (Bradford, J.).

• “[O]nly those courts specifi-cally granted concurrent jurisdic-tion by statute may exercise juris-diction over the custody of a childduring an ongoing CHINS pro-ceeding.” M.B. v. Barnes, 2015 WL 4557073 (Ind. Ct. App. July 29,2015) (Robb, J.).

• “[W]e conclude that the alter-ation of the loan terms betweenGreat Lakes and First Federal constituted material alterations of the underlying obligation andthe loan agreement guaranteed by Greenwalt and that, as a result,Greenwalt as a surety and TractOne were discharged.” First Fed.

Bank of Midwest v. Greenwalt, 2015WL 4538515 (Ind. Ct. App. July 28,2015) (Brown, J.).

• “T.M. could not produce evidence that may have rebuttedthe presumption that Ke.J. was thefather of I.J. because the trial courtdenied his motion for genetic test-ing. The presumption that Ke.J. is the father of I.J. would have rendered valid his consent to I.J.’sadoption if no other man had comeforward. But another man didcome forward. T.M.’s timely regis-tration with the putative father reg-istry entitled him to an opportunityto challenge the presumption thatKe.J. is the father of I.J.” In re I.J.,2015 WL 4111706 (Ind. Ct. App.July 8, 2015) (May, J.).

• “We find that not only was theinitial payment of property taxes a “transaction,” but it was also atransaction related to the Premisesor the Improvements … . The factthat Borrowers overpaid MarionCounty, and even that it was due toMarion County’s calculation, doesnot change our conclusion thatsuch tax payments were related tothe premises. Accordingly, we con-clude that the Tax Refunds arose byvirtue of the Borrowers’ previousproperty tax payments are transac-tions related to the premises, andare within Tender’s security inter-est.” S. Holt Rd. Holdings, LLC v.Holt Rd., LLC, 2015 WL 4111683(Ind. Ct. App. July 8, 2015).

• “We conclude that the smallclaims court erred in enteringdefault judgment in favor ofRobinson under Cause No. 1965and Cause No. 1966 without firstmaking inquiry so as to assure thecourt that Robinson as the plaintiffhad a prima facie case as contem-plated by Indiana Small ClaimsCourt 10(B).” Rosenberg v.Robinson, 2015 WL 4076520 (Ind. Ct. App. July 6, 2015). �

RECENT DECISIONS 7/15 continued from page 37


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RG 11.15_RG 09.05 11/20/15 12:16 PM Page 38

During July the IndianaSupreme Court decidedcases involving limitations

on testimony about “coaching” a child witness, the right to con-front witnesses, and double jeop-ardy when a single weapon is usedfor multiple offenses. The IndianaCourt of Appeals issued opinionsaddressing waiver of counsel,endangerment in the public intoxication statute, the doctrine of amelioration, and restitution.

INDIANA SUPREME COURT

Limitations on expert testimonyof coaching a child witness

Three years ago, the IndianaSupreme Court found a trial courterred in allowing expert testimonyto the effect that a child witness was“not prone to exaggerate or fanta-size concerning sexual matters”because “indirect vouching testi-mony is little different than testi-mony that the child witness istelling the truth. As such it is atodds with Evidence Rule 704(b).”Hoglund v. State, 962 N.E.2d 1230,1237 (Ind. 2012) (internal quota-tion marks and footnote omitted).

In Sampson v. State, No.87S01-1410-CR-684, 2015 WL4597558, at *5 (Ind. July 30, 2015),the justices held that “the subtledistinction between an expert’s testimony that a child has or has not been coached versus an expert’stestimony that the child did or didnot exhibit any ‘signs or indicators’of coaching is insufficient to guardagainst the dangers that such testimony will constitute impermis-sible vouching as we expressed in Hoglund.” Nevertheless, if thedefendant opens the door, theCourt will “permit testimony aboutthe signs of coaching and whether achild exhibited such signs or has orhas not been coached ... .” Id. Theexpert testimony in Sampson wasimproper because it was “neither

in response to defense questioningnor to rebut an express claim that[the child] had been coached.”

Defense counsel did not objectand thus had to meet the height-ened standard of fundamentalerror. The conviction was affirmedbecause expert’s response of “‘[n]o’to the question ‘[d]uring yourinterview with [the child], did youobserve any signs that she had beencoached’ was not so prejudicial toSampson as to make a fair trialimpossible.” Id.

Violation of defendant’s confrontation right, harmless error by a 3-2 vote

In Hall v. State, 36 N.E.3d 459,467 (Ind. 2015), reh’g denied, theIndiana Supreme Court agreed with the Court of Appeals that a trial court had violated a defen-dant’s right to confront his accuserin a child molesting case. First, thejustices found that the trial courterred in denying the defendant’smotion to compel the child’s moth-er to answer a deposition questionabout an alleged prior false accusa-tion involving another child inKentucky, which “could haverevealed potentially relevant infor-mation under Indiana Trial Rule26(B)(1) that could have providedHall with knowledge of what heclassifies as [the child’s] allegedprior false accusation of sexual mis-conduct.” Id. at 466-67. Second, theCourt found the trial court violatedhis Sixth Amendment confronta-tion right by excluding his phonecall with the child’s mother afterthe State had opened the door dur-ing its questioning of the child andcross-examination of Hall, whichincluded questions about the phonecall and information the defendantwanted from the mother. Id. at 471.

The justices divided 3-2 on theharmlessness of the errors. Themajority found the error harmlessbeyond a reasonable doubt because

CRIMINAL JU

STICE N

OTES 7/15

The right to confront witnesses, double jeopardy, other holdingsBy Prof. Joel M. Schumm


“given the extensive evidence ofHall’s guilt presented by the State,the likely minimal impact of theinformation he wanted before thejury, and the cross-examination ofwitnesses Hall was otherwise able to conduct, the jury’s verdict wouldnot have been any different had thejury heard and considered Hall and[the mother’s] conversation andthe Kentucky incident.” Id. at 474.Justice Rucker, joined by ChiefJustice Rush in dissent, emphasized“the focus of the prejudice inquiryin determining whether the con-frontation right has been violatedmust be on the particular witness,not on the outcome of the entiretrial.” Id. at 474-75 (quotingDelaware v. Van Arsdall, 475 U.S.673, 680 (1986)). Observing thatthe State’s case was “not at all verystrong” and its corroborating evi-dence was “circumstantial andopen to interpretation,” the dissentconcluded that the State had failedto demonstrate the error did notcontribute to the verdict. Id. at 475-77.

Use of same deadly weapon can enhance multiple offenses

Defendants in Indiana cannotbe punished twice for the sameoffense under, among other things,the “actual evidence test” ofRichardson v. State, 717 N.E.2d 32,49 (Ind. 1999), or rules of statutory constructionand common law thatinclude enhancements“for the very same behav-ior or harm as anothercrime for which thedefendant has been con-victed and punished,”under Guyton v. State,771 N.E.2d 1141, 1143(Ind. 2002) (quotingRichardson, 717 N.E.2d at 56 (Sullivan, J., concur-ring)).


Joel M. SchummClinical Professor of LawIU McKinneySchool of LawIndianapolis, [email protected]

RG 11.15_RG 09.05 11/20/15 12:16 PM Page 39

In Sistrunk v. State, 36 N.E.3d1051 (Ind. 2015), the defendant wasconvicted of robbery and criminalconfinement – both enhanced toClass B felonies because the defen-dant was armed with a deadlyweapon. After summarizing bothpre- and post-Richardson cases, theCourt upheld the dual convictionsbecause “our jurisprudence teachesthat committing two or more sepa-rate offenses each while armed witha deadly weapon – even the sameweapon – is not within the categoryof rules precluding the enhance-ment of each offense based on ‘thevery same behavior.’” Id. at 1054.Cf. Cross v. State, 15 N.E.3d 569,573 (Ind. 2014) (finding a doublejeopardy violation when defendantwas convicted of carrying a hand-gun without a license and using orpossessing a firearm while dealingin a controlled substance becausethe defendant merely possessed but did not use the firearm).

INDIANA COURT OF APPEALS

Doctrine of amelioration does not apply to habitualoffender statute

Before July 1, 2014, the habitu-al offender statute required anadditional term “not less than theadvisory sentence for the underly-ing offense nor more than three (3)times the advisory sentence for theunderlying offense.” Ind. Code §35-50-2-8(h) (2013). Thus, adefendant convicted of a B felonydrug offense, which carries an advi-sory sentence of 10 years, wouldface between 10 and 30 years if alsofound to be an habitual offender.Id. §35-50-2-5 (2013).

As part of the massive Crimi-nal Code overhaul in 2014 thatreplaced Class A-D felonies withLevel 1-6 felonies, the term of yearsfor habitual enhancements was

altered as well. The amendedstatute provides:

(c) A person convicted of a Level 5felony is a habitual offender if theState proves beyond a reasonabledoubt that:

(1) the person has been convicted of two (2) prior unrelated felonies;

(2) at least one (1) of the prior unre-lated felonies is not a Level 6 felonyor a Class D felony

Ind. Code §35-50-2-8 (2014).

Because the defendant in Coxv. State, 38 N.E.3d 702 (Ind. Ct.App. 2015), committed his offensebefore July 1, 2014, the old statuteapplied. The doctrine of ameliora-tion did not apply based on theexpress language of the statutoryamendment: “The general assemblydoes not intend the doctrine ofamelioration (see Vicory v. State[272 Ind. 683], 400 N.E.2d 1380(Ind.1980)) to apply to any SECTION of P.L.158-2013

CRIMINAL JUSTICE NOTES 7/15 continued from page 39


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RG 11.15_RG 09.05 11/20/15 12:16 PM Page 40

or P.L.168-2014.” Id. at 704 (quot-ing Ind. Code §1-1-5.5-21).

Restitution award reversed

In Akins v. State, No. 49A02-1412-CR-869, 2015 WL 4606171(Ind. Ct. App. July 31, 2015), thedefendant pleaded guilty to twooffenses involving different policeofficers: a D felony battery offense(resulting in injury) to OfficerWatson and a misdemeanor (noinjury) resisting offense involvingOfficer Keyes. The trial courtordered the defendant to pay nearly$28,000 in restitution after the Statesubmitted “medical records andbills for Officer Antwon Keyes,which indicated that he had experi-enced a leg injury on Dec. 15, 2013,while struggling with an unidenti-fied ‘suspect’ or ‘person.’” Id. at *2.In reversing the award and remand-ing for a hearing at which thedefendant is given an opportunityto test the State’s evidence and sub-mit his own, the Court of Appealsreasoned there was no evidence the defendant caused Officer Keyes’injury when he merely pleadedguilty to the misdemeanor offenseinvolving Officer Keyes and themedical records did not identify the“person” or “suspect” who causedhis injuries.

Sufficient evidence of endangerment for publicintoxication conviction

A defendant may be convictedof public intoxication if he was in a public place, in a state of intoxica-tion caused by alcohol use, andendangered his own life (amongother statutory options). Ind. Code§7.1-5-1-3(a)(1). In Labarr v. State,36 N.E.3d 501, 503 (Ind. Ct. App.2015), a police officer found thedefendant unconscious on the floorof a minivan. Throughout nearlythe entire encounter, the defendantwas nonresponsive and unable tostand or walk; he “eventually passedout onto his brother and vomited

into the street.” Id. In finding suffi-cient evidence of endangerment,the court concluded, because hewould have been “left on a publicstreet near a busy bar in the middleof the night” without the officer’sassistance, the defendant’s “state of intoxication left him vulnerableto injuries resulting from trafficaccidents, falling down, and beingvictimized by passersby.” Id.

Waiver of counsel reversed

The Indiana Supreme Courthas considered the following factorsin evaluating whether defendantswaived their right to counsel: “(1) the extent of the court’sinquiry into the defendant’s deci-sion, (2) other evidence in therecord that establishes whether thedefendant understood the dangersand disadvantages of self-represen-tation, (3) the background andexperience of the defendant, and(4) the context of the defendant’sdecision to proceed pro se.” Poynterv. State, 749 N.E.2d 1122, 1127-28(Ind. 2001). In Gilmore v. State, 953 N.E.2d 583, 589 (Ind. Ct. App.2011), the Court of Appeals applied

those factors in addressing and ulti-mately rejecting the waiver or for-feiture of a defendant’s right tocounsel based on the defendant’sconduct.

Applying both of those precedents in Kowalskey v. State,No. 32A01-1503-CR-99, 2015 WL4577843 (Ind. Ct. App. July 30,2015), the Court of Appeals held a trial court erred in finding adefendant had forfeited his right to counsel when he wrote to thecourt expressing concern about anupcoming suppression hearing butdid not ask that his court-appoint-ed counsel be fired. The defendant“was hoping the court woulddemand the prosecutor to produceor obtain the officers’ dash-camfootage” or footage from a storewhere he was stopped by police. Id. at *9. The trial court did notadvise the defendant of the dangersand disadvantages of self-represen-tation nor did it enter specific findings of the Poynter factors or demonstrating that his conductwas obstreperous. Id. at 9-10. �


RG 11.15_RG 09.05 11/20/15 12:16 PM Page 41

what food makes your coat shine and what foods cause bad experi-ences.

You also need to watch howmuch you eat. Dogs and humansboth want to eat as long as there isfood in the bowl. It’s hard not toeat more than you need. But Terryhelps me. She just gives me a small-er supper bowl. Maybe humansneed smaller supper bowls, too.

4. Wag your tail when youwork. I love my work. I was trainedto be a therapy dog. I work withhumans to comfort them and easetheir stresses. It’s not always easy.Some humans can be very difficultto deal with. But I find that if I usemy energy and training to do thebest job I can, it makes doing tasksmore enjoyable, and the tail wag-ging just takes care of itself. Despite

the difficult humans, I still wag my tail, knowing I’m doing the best that I can. Some days that’s all a dog can do.

5. Deal with what is in front of you.Humans, and particularlylawyer-humans, seem to worryabout a lot of stuff that has hap-pened in the past or might happenin the future. I don’t. I can’t doanything about what already hap-pened. And I don’t know what isyet to come. If there is a squirrel infront of me, I chase it. I don’t worryabout the squirrel I missed yester-day or whether there will be asquirrel there tomorrow.

I have learned to savor everymoment, whether it’s running aftera squirrel, lying in a ray of sunshineor snuggling on the couch with myhuman. I think people, particularlylawyers, miss many of those oppor-tunities.

6. Include time in your day forplay. Everyone needs to do some-thing besides work. Your mind andyour body both need to relax andhave fun. Keep a ball or Frisbee inyour office and play fetch. Take aday to go to the bark park and playwith others like yourself.

7. Reward yourself with smalltreats. Treats make everything spe-cial. When you do something good,you should reward yourself with a treat, whether it’s a bit of some-thing special or just doing some-thing you really enjoy. It makesyour tail wag and just makes lifebetter.

8. Approach everyone with the presumption that they aregood.Most dogs treat humans withthe presumption that they are good.It makes us much happier than sus-pecting that everyone is out to dous harm. Those unfortunate dogsthat do suspect everyone is out toget them usually end up in very sadsituations. I think the same is truefor humans.

FAIR COMMENT continued from page 46


RG 11.15_RG 09.05 11/20/15 12:16 PM Page 42

9. Show affection and let oth-ers show affection to you. Nothingis as rewarding as a scratch behindthe ears or a pet on the head. Some-times I even turn over on my backand let people scratch my belly.

Greet those you love with great enthusiasm so they know howimportant they are to you. To showappreciation, I’ll wag my tail, “talkto you” and lick you. Terry pre-tends she doesn’t like it when I lickher face, but she smiles and laughs.Follow the slogan, “Wag more andbark less.” It really does work.

Showing love, giving love,being open to love – that’s whatmakes life worth living. Don’t shutyourself off from those opportuni-ties, whether from humans or dogsor even cats.

10. Find humor in life. Theone advantage humans have overdogs is that it is so easy for peopleto smile and laugh. But so oftenthey don’t. Most lawyers seem to

take themselves too seriously. Theywalk around with stern looks, headdown and shoulders hunched for-ward. Dogs know this is not a goodway to go through life.

Even just a moment of humorraises your spirits and makes therest of the day so much better. It may be the joy of romping for afew minutes, laughing with a friendor simply chuckling at your ownfoibles. Terry and I always laugh at least once a day. Well, actually,Terry laughs, and I jump and bark.Dogs haven’t mastered laughingyet. But if you look closely, we dosmile.

11. Work hard. I bet you didn’texpect me to say that, but I have a job, too. I work as a therapy dog,and I work at obedience trainingwith Terry as well. When we work,we focus and work really hard. Butwe mix in play with our work, andwe balance our work with lots ofrest, more play, snuggling, napping,


Golden Retriever Gus (lower right) joins another therapy dog, Kirby, at the ISBA Solo & Small FirmConference in French Lick, Ind., earlier this year. They had a great time on the 5K Fun Run/Walk!

playing with friends, sleeping andbelly rubs. This way, I’m willing towork hard again the next day anddo my very best.

12. Care for yourself. Everydog needs a good vet, and humansneed a good primary care doctor.Just like me, you should see him orher at least once a year. Your doctorgets to know you and can recom-mend ways to keep you healthy. If you do get sick or make the mistake of chasing a porcupine and get injured, your doctor willalready know you, which alwayshelps with treatment.

I love my vet, Dr. JohnKlarquist. He is actually a lawyer-human, too. Terry thinks that iswhy he is good at answering herquestions. She does ask a lot ofquestions, but I guess all lawyersdo. Unfortunately, he doesn’t see


Photo by Steve Terrell

RG 11.15_RG 09.05 11/20/15 12:16 PM Page 43

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FAIR COMMENTcontinued from page 43

humans, so you will have to findyour own doctor.

Humans also have other issuesthat affect their health, such asstress, anxiety, depression and sub-stances they take. If you would liketo talk confidentially to a humanabout how to be happier, healthierand more productive, you can call the Indiana Judges & LawyersAssistance Program (JLAP) at866/428-5527 or 317/833-0370.That is where Terry works. It’s soconfidential, she doesn’t even tellme.

Bonus Tip: Bathe occasionally.Dogs don’t mind, but you shoulddo this as a courtesy to otherhumans. But not too often. It takesthe shine off your coat. �

Author’s Note: I would like to thankmy human, Terry, and her goodfriend, Steve Terrell, for their assistance in crafting this article.Honestly, I’m good at a lot of things,but typing is not one of them.

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FAIR COMMEN

T

The world according to Gus


My name is Gus. I am a Golden Retriever. I am a handsome fellow, if I do say somyself. My human is Terry Harrell. She is

quite handsome for a human, but I must say that onthe whole humans are not a particularly attractive lot.You are almost hairless, and the coat you do have iseither too fine or too coarse. Your ears are so small –it’s a wonder you can hear anything at all.

Your eyes are small, too. It’s no wonder that youcan’t see much farther than that tiny nose on your face.

Speaking of noses, that miniature nose means youcan’t smell anything unless it is right in front of you.When you do smell something, you insist on classifyingit as good or bad. I have never understood this. A smelltells you what something is or who someone is orwhere they have been. It is an information highway forevery animal except humans. Humans think it is cute toteach dogs how to shake hands, but I think it would bemuch better if dogs taught humans how to smell eachother. You would learn so much more about a personfrom how they smell than from just touching paws.

Back to Terry – she is a lawyer. One of the mostinteresting things Terry and I do is go to meetings withother lawyers. Sometimes it’s just a few people in asmall room. But two or three times a year we go to bigmeetings with hundreds of lawyers. Terry says thesemeetings are for humans to learn how to be betterlawyers.

My favorite thing to do at these meetings is toobserve the lawyers. Sometimes they stop to pet me or scratch me behind my ears. But most times they justrush by, heading from one meeting to the next, withtheir cell phones stuck to their tiny ears. For some reason, they often bark at the phone, sometimes veryloudly and for a very long time. I don’t understand this.

After going to so many of these meetings, I thinkthese people would be better lawyers and happierhumans if they were more like me. So here are a dozentips to be healthier, happier and more productive.

1. Get plenty of sleep. Dogs know the fundamentaltruth that a body needs sleep. Heck, even cats knowthis, and everyone knows how stupid cats are. As chil-dren, humans understand this, too. But as they growolder, they somehow forget the value of sleep.

Humans, particularly lawyer-humans, stay up late,doing all sorts of things like reading files they bringhome from the office or watching what they call “theNews” or “the Colts” or looking at something I don’tunderstand at all called Facebook. Then the next morn-ing, those same humans try to get up long before their

body is ready. They have a clanging noise wake themup even though their body is telling them “I need moresleep!” And lawyer-humans rarely take naps.

Sleep is the way you refresh your body. It gets youready to face the world. If you don’t get enough sleep,you’re always going to be growling and snarling. Youcan’t run or chase squirrels or do anything else impor-tant without enough sleep.

2. Exercise regularly. You can’t be your best unlessyou exercise. Lawyers seem to spend all day sitting atdesks, pecking on computer keyboards and barking atphones. They don’t get their heartbeat racing or worktheir muscles – except the ones connected to theirmouths.

If you don’t use your muscles, they wither away(except for cats, who somehow can be the laziest crea-tures on earth but still run and climb really quickly).Chase rabbits and squirrels regularly. If you don’t haveany squirrels or rabbits in your yard, just make sure towalk, stretch and work your muscles. Swim if you havethe opportunity. I love when Terry takes me swimming.

3. Eat the right food. You can’t work or play if youdon’t eat the right food. Terry feeds me only the bestfood. It took us a while to find the food that made mycoat the most beautiful, but I feel and look so muchbetter since we did.

Once after everybody went to bed, I found some-thing left out on a counter. It’s called chocolate, and my human loves chocolate. So I grabbed this bar whenno one was looking. That was not a good experience.Apparently chocolate is very bad for dogs.

It’s just like that for humans. Even if they tastegood, certain foods are bad for you. Humans shouldwatch how much red meat, fats and sweets they consume. But just like dogs, you have to figure out


Photo by Mike Yonts

RG 11.15_RG 09.05 11/20/15 12:16 PM Page 46

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Res Gestae - November 2015