6
PRESIDENT’S MESSAGE By: Steve Hoar During my sophomore year in college in 1992, I spent a semester in Washington D.C. as a congressional intern. I had a fascinating, front-row seat to the making of law. I was awed by the Capitol and would sometimes steal away reflective moments in the Rotunda among the relics of our nation. My time at the heart of democracy encouraged me along my path to the law. My oldest children, twin daughters, just turned 11 years old, an age at which they are becoming aware of the world around them and could begin learning about the issues of our day. Unfortunately, much has changed in politics since 1992. Incivility dominates the landscape. We are ANGRY!!! We want our leaders to tell it like it is. Respect and courtesy are undesirable characteristics of the weak and politically correct. Our presidents, no matter of which party, are compared to Hitler. Given this venomous environment, if one of the girls comes walking into the room while I’m watching a presidential debate, I simply turn the TV off. Threads of incivility are part of the fabric of American history. An extreme example is the 1856 caning of Massachusetts Senator Charles Sumner. Sumner spoke out against the Kansas-Nebraska Act and one of its authors, South Carolina Senator Andrew Butler. Sumner went so far as to mock Butler’s speech impediment caused by a recent stroke. Butler’s cousin, Congressman Preston Brooks, also from South Carolina, had observed Sumner’s speech and thought it was an insult to his cousin and their state. Avenging this insult, Brooks confronted Sumner at his desk on the Senate floor and repeatedly struck Sumner with a cane until Sumner was nearly dead. Today, technology makes incivility more efficient and widespread. The anonymity of the internet frees the poster from inhibition and social norms. Social media is used to attack our leaders, and sometimes each other, with piercing cruelty. Our children live in the age of the cyberbully. The coarseness of our politics is reflected in, or perhaps a reflection of, incivility in our society as a whole. Lawyers have a special responsibility to resist society’s descent to incivility. We routinely deal with contentious issues. Our clients may despise each other and expect us to be their junkyard dogs. The adversarial system is designed to produce just results, but its participants, including the lawyers, can be battered in the process. Incivility may be a trait popular culture assigns to successful lawyers, but wise lawyers know better: Incivility is ineffective. No deal is closed because one party tries to intimidate the other. No judge grants a motion because a lawyer calls opposing counsel’s argument disingenuous. No jury is impressed by a lawyer treating an adverse witness with derision. Incivility is unhealthy. It raises stress levels and releases stress hormones into the bloodstream. Blood pressure rises. The immune system is weakened. Repeated activation of the stress response could eventually lead to cardiovascular disease and other illness. Incivility erodes the rule of law. Public confidence in the justice system is diminished when lawyers bad-mouth each other or judges. Costs soar as lawyers battle over issues having little to do with resolution of the dispute, making justice more inaccessible. Thankfully, we Evansville lawyers are privileged to practice law in a local bar renowned for its civility. We are a close-knit group that understands zealous advocacy does not require tearing down each other. We even have our own Code of Professional Courtesy, The EBA remains committed to fostering an environment that promotes civility. I am proud to be an Evansville lawyer. And while our nation’s politics may not inspire me the way they did in 1992, I am now inspired by my fellow members of the bar and our ability to work together in service to the rule of law. The Monthly Newsletter of the Evansville Bar Association February 2016 The Summation 401 SE 6th Street, Suite 101 Evansville, IN 47713 812-463-3201 www.evvbar.org Inside this issue: EBA News VLP News Tech Tip 2 2 2 Bar Updates 3 Committee and Section Meetings EBF CLE Offerings EBA Calendar 3 4 5 6

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Page 1: The Summationresume, professional references, and law school transcript to: mcunningham@blackburnandgreen.com Berry Plastics is looking for an IP Attorney with a minimum of 2 years

PRESIDENT’S MESSAGE By: Steve Hoar

During my sophomore year in college in 1992, I spent a semester in Washington D.C. as a

congressional intern. I had a fascinating, front-row seat to the making of law. I was awed by

the Capitol and would sometimes steal away reflective moments in the Rotunda among the

relics of our nation. My time at the heart of democracy encouraged me along my path to the

law.

My oldest children, twin daughters, just turned 11 years old, an age at which they are

becoming aware of the world around them and could begin learning about the issues of our

day. Unfortunately, much has changed in politics since 1992. Incivility dominates the

landscape. We are ANGRY!!! We want our leaders to tell it like it is. Respect and courtesy are undesirable

characteristics of the weak and politically correct. Our presidents, no matter of which party, are compared to

Hitler. Given this venomous environment, if one of the girls comes walking into the room while I’m watching a

presidential debate, I simply turn the TV off.

Threads of incivility are part of the fabric of American history. An extreme example is the 1856 caning of

Massachusetts Senator Charles Sumner. Sumner spoke out against the Kansas-Nebraska Act and one of its authors,

South Carolina Senator Andrew Butler. Sumner went so far as to mock Butler’s speech impediment caused by a

recent stroke. Butler’s cousin, Congressman Preston Brooks, also from South Carolina, had observed Sumner’s

speech and thought it was an insult to his cousin and their state. Avenging this insult, Brooks confronted Sumner at

his desk on the Senate floor and repeatedly struck Sumner with a cane until Sumner was nearly dead.

Today, technology makes incivility more efficient and widespread. The anonymity of the internet frees the poster

from inhibition and social norms. Social media is used to attack our leaders, and sometimes each other, with

piercing cruelty. Our children live in the age of the cyberbully. The coarseness of our politics is reflected in, or

perhaps a reflection of, incivility in our society as a whole.

Lawyers have a special responsibility to resist society’s descent to incivility. We routinely deal with contentious

issues. Our clients may despise each other and expect us to be their junkyard dogs. The adversarial system is

designed to produce just results, but its participants, including the lawyers, can be battered in the process.

Incivility may be a trait popular culture assigns to successful lawyers, but wise lawyers know better:

Incivility is ineffective. No deal is closed because one party tries to intimidate the other. No judge grants a

motion because a lawyer calls opposing counsel’s argument disingenuous. No jury is impressed by a lawyer treating

an adverse witness with derision.

Incivility is unhealthy. It raises stress levels and releases stress hormones into the bloodstream. Blood

pressure rises. The immune system is weakened. Repeated activation of the stress response could eventually lead

to cardiovascular disease and other illness.

Incivility erodes the rule of law. Public confidence in the justice system is diminished when lawyers bad-mouth each

other or judges. Costs soar as lawyers battle over issues having little to do with resolution of the dispute, making

justice more inaccessible.

Thankfully, we Evansville lawyers are privileged to practice law in a local bar renowned for its civility. We are a

close-knit group that understands zealous advocacy does not require tearing down each other. We even have our

own Code of Professional Courtesy, The EBA remains committed to fostering an environment that promotes

civility.

I am proud to be an Evansville lawyer. And while our nation’s politics may not inspire me the way they did in 1992, I

am now inspired by my fellow members of the bar and our ability to work together in service to the rule of law.

The Monthly Newsletter of the Evansville Bar Association February 2016

The

Summation

401 SE 6th Street, Suite 101

Evansville, IN 47713

812-463-3201

www.evvbar.org

Inside this issue:

EBA News

VLP News

Tech Tip

2

2

2

Bar Updates

3

Committee and

Section Meetings

EBF

CLE Offerings

EBA Calendar

3

4

5

6

Page 2: The Summationresume, professional references, and law school transcript to: mcunningham@blackburnandgreen.com Berry Plastics is looking for an IP Attorney with a minimum of 2 years

Page 2 Page 2 Page 2

News From the EBA Board of Directors

TECHNOLOGY TIP OF THE MONTH

Provided by: Neil Chapman

Zola Suite Practice Management: Is it the One?

If you haven’t found the right fit with other cloud-

based solutions like Clio, Rocket Matter or My Case,

you might consider Zola Suite.

Zola Suite promises best-in-class features such as

Built-In Email, Built-In Accounting, and Intuitive,

Fast and Fun Interface. The theme for Zola is the

power of ONE: One instance of data entry for error reduction, one interface screen, one monthly fee.

Speaking of, Zola prices from $49.00/month for a

solo, to $99.00/month for one attorney and 2 staff

members. Test drive at ZolaSuite.com.

The Board unanimously approved

continuing the policy of offering free

CLE to staff attorneys at Legal Aid, the

Volunteer Lawyer Program and Indiana

Legal Services during the 2016 calendar

year. The Board adopted a policy stating that

effective with 2017 dues, dues payments

received after February 15 will incur a

10% late fee. The Board confirmed the policy that the

EBA will not give attendee lists or

attendee contact information to

sponsors /underwriters of EBA events. The Board reviewed the 2015 financials

noting that the EBA ended the 2015

fiscal year with approximately $6000 net

income.

LAWYERS LUNCH CLUB Are you a newer attorney that could use a mentor?

Are you a seasoned attorney that wishes you knew more of the newer members of our Bar?

Are you an attorney that loves to tell or hear the great stories of the many amazing attorneys that have made up our great Bar?

Maybe you want a networking opportunity or maybe you just like hanging out with other Lawyers?

Sign up to join the lawyers lunch club! The Membership Taskforce will place members in fun groups of 6, making sure each group contains a great mix of experience, practice area etc. Just e-mail [email protected] or call 463.3201 to join the club!

EBA - VLP Awards Luncheon

Wednesday, March 16 Noon

Tropicana Evansville - Conference Center

MAKE YOUR RESERVATIONS TODAY!!

Don’t miss this annual awards and support staff appreciation event. Please bring your legal support staff to

enjoy this wonderful event.

Register on-line at www.evvbar.org or e-mail [email protected] or call 812-463-3201. Cost is $15 per person.

Congratulations on your Retirement

Magistrate Judge Hussmann!

Page 3: The Summationresume, professional references, and law school transcript to: mcunningham@blackburnandgreen.com Berry Plastics is looking for an IP Attorney with a minimum of 2 years

Page 3 Bar Updates: Welcome to new attorney members

Marjorie L. Daily, Erin E. Schmitt and Ian Blair.

Please make the following changes and additions to

your address book:

Marjorie L. Daily Olsen & White, LLP 123 Locust St. Evansville, IN 47708 (812) 423-3143 [email protected] Krystal Lechner Mead Johnson Nutrition 2400 W Lloyd Expy Evansville, IN 47712 (812) 429-5154 [email protected]

Christopher L. Lucas

Jackson Kelly, PLLC 221 NW Fifth Street

Evansville, IN 47708

(812) 421-7454

[email protected]

EMPLOYMENT OPPORTUNITIES: Kightlinger & Gray, LLP, a full-service regional law firm,

seeks a motivated and high-performing associate attorney for

its Evansville office. Three to five years’ experience in

insurance defense and business litigation. Candidates should

possess superior academic credentials (top one-third of class)

as well as strong verbal and written communication skills.

Candidates should also be well-organized and professional,

capable of meeting deadlines and juggling multiple complex

projects. Please forward resume, writing samples, salary

requirements and law school transcript to:

[email protected] or fax (317) 968-8107. Blackburn & Green is seeking an Associate Attorney with

3 to 5 years to join its Evansville office. The successful

applicant will have strong academic record; desire to interact

with clients on a daily basis; excellent communication skills;

strong organizational and multi-tasking skills; and the ability to establish priorities, meet deadlines and provide close

attention to detail. Interested applicants should email a

resume, professional references, and law school transcript to:

[email protected] Berry Plastics is looking for an IP Attorney with a minimum

of 2 years IP experience. For a complete description of

responsibilities and qualifications, visit the EBA website under

employment opportunities. Warrick County Circuit Court Reporter Please check

the EBA website under employment opportunities for a full

description of the position. Anyone interested should submit

their resumes by February 8, 2016 to:

Warrick Circuit Court,

One County Square, Suite 360

Boonville, IN 47601

or: [email protected]

Page 3

WHO’S DOING WHAT Congratulations to Joe Langerak who was elected Member of

Jackson Kelly.

Congratulations to Krista Weiberg and her husband on the

birth of their daughter, Isabelle.

Erin E. Schmitt Vanderburgh County Prosecutor’s Office 1N.W. MLKJr Blvd. Rm 108 Evansville, IN 47708 (812) 435-7076 [email protected] William Krowl Yocum Law Office

1041 N. Royal Avenue, Suite B

Evansville, IN 47715

(812) 421-1865 Aaron Trump Ziemer, Stayman, Weitzel & Shoulders 20 N.W. First Street P.O. Box 916 Evansville, IN 47706-0916 (812) 424-7575 [email protected]

Committee/Section Meetings

02/02 Family Law Section Meeting, Noon - EBA Office

02/03 Access to Justice Committee Meeting, Noon - EBA

Office

02/10 Diversity Committee Meeting, 8:00AM - EBA Office

02/10 Women Attorneys Section Meeting, 5:00PM -

Evansville Country Club

02/16 Membership Taskforce Meeting, 8:00AM - EBA Office

02/16 Young Lawyer Section Meeting, Noon - Turoni’s

Main St.

02/16 Paralegal Section Meeting, Noon - Willard Library

02/17 Real Property Section Meeting, Noon - EBA Office

02/24 CLE Committee Meeting, 11:45AM - ONB Deli

02/25 EBA Executive Committee Meeting, 8:15AM - EBA

Office

Page 4: The Summationresume, professional references, and law school transcript to: mcunningham@blackburnandgreen.com Berry Plastics is looking for an IP Attorney with a minimum of 2 years

Katie Worman, President In January of each year, the EBF Treasurer calculates the funds

available for that year’s grant cycle. The amount of available funds is

determined by using 4.5% of the average market value of the EBF

endowment at the end of the eight previous quarters, plus 2/3 of all

contributions made during the calendar year less expenses.

One way that the available grant funds for any given cycle can be

increased is by regular contributions from donors. As you can see

from the calculation, 2/3 of all contributions made during a calendar year are added to the available funds. We received $9272 in

donations in 2015, and $6181 of those new donations will be added

to the funds available for the 2016 grants cycle.

In the coming weeks, you will receive a letter asking you to consider

making a donation to the EBF. When you read this letter, please

remember that 2/3 of the donation that you make this year will be

added to the funds available for grants in 2017 and consider giving to

the EBF this year.

Page 4

Opening Jan. 25 in Suite 505 of

the Curtis Building • Private free-standing 500+ sq. ft.

corner office conference room

available for weekly, daily, and half day rental. Perfect for jury trials,

bench trials, client meetings,

depositions, pre-trial/settlement

conferences, witness preparation and

board meetings. • Conference Center overlooks and is a one minute walk to the

Vanderburgh County Courthouse and the Vanderburgh County Civic

Center. Two minute walk to the Federal Courthouse. • Conference Center will include private keyed entrance, 10 person

conference table, secure high speed wireless and wired internet, 50”

UHDTV with Bluetooth sound system, wireless copier/scanner,

complimentary beverages, tablet/cell phone charging stations, work desk,

additional seating and secure document shredding. • Curtis Building amenities include ample free parking, same floor

restrooms, cleaning service and breakfast/lunch catering to Conference

Center from the on premise antique Caboose diner.

• For reservations or additional information, please contact:

Massey Law Offices, LLC

(812) 491-9333

915 Main St., Suite 502, Evansville, IN 47708

www.masseylawoffices.com

COURTVIEW CONFERENCE CENTER EVANSVILLE, INDIANA

Indiana Bar Foundation Event in Evansville

February 29

5:00PM - EBA Office From the Indiana Bar Foundation: Evansville Mixer, We the People Demonstration on

February 29 The Unit 6 team from Evansville North High School will give a

20-minute demonstration of their testimony and respond to

judges questions on February 29. Join Christopher Ripley,

Fellow, and the Indiana Bar Foundation to listen to these

students, and learn how the Foundation is expanding We the

People’s reach in Indiana. The program is from 5:00 p.m. – 6:00

p.m. at the Evansville Bar Association’s (EBA) offices. Please

RSVP to Kayla DeVoy at 317-608-6502 or by email. This event

is open to all attorneys, judges or interested persons in the

Greater Evansville community who would like to learn more

about the Foundation’s mission and We the People. Invite a

friend but RSVP!

An EBA FAVORITE EVENT…

Women Attorneys Section

NIGHT OF CHOCOLATE

February 10 - 5:00 PM

Evansville Country Club Special Thanks to:

For underwriting the event

Register via e-mail [email protected] or call 812.463.3201.

Page 5: The Summationresume, professional references, and law school transcript to: mcunningham@blackburnandgreen.com Berry Plastics is looking for an IP Attorney with a minimum of 2 years

Page 5

Family Law Section Presents

New Issues in Family Law Resulting From

the Affordable Care Act

1 CLE

Tuesday, March 1

Noon - EBA Office

Speaker: Katherine Rybak

Cost is $25 for Family Law Section Members, $30 for EBA

Members, $50 for Non-members. There will be an

additional $5 charge for walk-ins.

“A Night Down South”

Friday - April 29

Old Vanderburgh Courthouse

6:00PM

Watch Your Mailbox for More

Info,

Coming

Soon!

SAVE THE DATE

EBA Women Attorneys Section

Annual Speaker Series

May 5, 2016

Tropicana Conference Center

Negotiation Skills Workshop and Lunch

with international speaker, Carol Frohlinger

President of Negotiating Women Inc. and Co-author of

Her Place at the Table and Nice Girls Just Don’t Get It,

Carol Frohlinger is an internationally known speaker on

the ways women can negotiate with authenticity to

achieve their maximum personal and professional

potential.

More information coming soon! Business and Commercial Law Section Presents

Southwestern Indiana Bankruptcy Conference

Robert P. Musgrave, Chapter 13 Trustee

Seminar Chair

4 CLE*

March 9, 2016

Old National Bank

8:30AM - 11:45AM (No CLE for this Session)

Creditor Session

Noon - 1:00PM (joint session creditors and attorneys)

Key Note Speaker: Kevin P. Dempsey, Clerk for the

Bankruptcy Court of the Southern District of IN.

1:00PM - 4:30PM Attorney Session

Case Law Update - Andy Ozete

Assets on the Edge - Stacy Wissel

Adversary Proceedings 101 - Kevin Kinkade

Attorney Fees in Bankruptcy - Robert Musgrave

FDCP Issue in Consumer Bankruptcy - Michael DiRienzo

Leases in Bankruptcy - Robert Musgrave

Judicial Estoppel & Assets - William Harbison

*Must Attend both Lunch and Attorney Session to receive

entire 4 hours of Credit.

Cost for the Key Note Speaker and Attorney Session is $100 for

Business and Commercial Law Section Members, $120 for EBA

Members, $200 for Non-Members. This includes lunch. Cost for

Creditor Session is additional $25.

Lunch will be held on 8th floor.

Morning and Afternoon Sessions will be held on 4th floor.

Register on-line at www.evvbar.org , e-mail [email protected]

or call 463-3201.

LAW DAY CELEBRATION 2016

Page 6: The Summationresume, professional references, and law school transcript to: mcunningham@blackburnandgreen.com Berry Plastics is looking for an IP Attorney with a minimum of 2 years

FEBRUARY CALENDARFEBRUARY CALENDAR

02/02 Mock Trial Student Lunch Planning Meeting, 8:30AM - EBA Office

02/02 Family Law Section Meeting, Noon - EBA Office

02/03 Access to Justice Committee Meeting, Noon - EBA Office

02/04 Talk to a Lawyer, 4:30 PM - EBA Office

02/10 Diversity Committee Meeting, 8:00AM - EBA Office

02/10 Women Attorneys Section Night of Chocolate, 5:00PM - Evansville Country Club

02/11 Morning Mixer, 7:30ish to 8:30ish - Donut Bank Hwy 41 & Lincoln

02/11 EBA Board of Directors Meeting, 11:30AM - EBA Office

02/16 Membership Taskforce Meeting, 8:00AM - EBA Office

02/16 Paralegal Section Meeting, Noon - Willard Library

02/16 Young Lawyer Section Lunch, Noon - Turoni’s on Main Street

02/17 Real Property Section Meeting, Noon - EBA Office

02/18 EBF Board of Directors Meeting , Noon - EBF Office

02/24 CLE Committee Meeting, 11:45AM - ONB Deli

02/25 EBA Executive Committee Meeting, 8:15AM - EBA Office

02/29 Indiana Bar Foundation “We the People” Mixer, 5:00PM - EBA Office

Page 6

UPCOMING ICLEF VIDEO REPLAYSUPCOMING ICLEF VIDEO REPLAYS

For reservations, pricing, or to verify credits or content for the ICLEF video replays, please contact ICLEF at

(317) 637-9102 or visit www.iclef.org.

02/01 Workers Compensation Institute

02/08, 09 Year in Review 2015