YLS Network Fall 2010

6
FALL 2010 Indiana State Bar Association Young Lawyers Section Chair’s Message: My 5 challenges to young lawyers BY MICHAEL J. JASAITIS T he Indiana State Bar Association’s Young Lawyers Section (YLS) remains dedicated to its steadfast commitment of providing opportunities and assistance to new lawyers in the practice of law. As of October 2010, I have the distinct honor of serving YOU as chair of the YLS and I look forward to leading this group of 2,400+ young lawyers. Having participated in the YLS for the past six years, I am excited about the new opportunities that lay ahead. The YLS has historically been the largest and most active of the ISBA sections, oftentimes being referred to as the “service arm” of the ISBA. In spite of the fact that we offer exclusive low rates to law students and free membership to all new admittees, many young and new attorneys around the state are unaware that they qualify for YLS membership. I encourage you to help spread the word about the benefits of becoming an active member of the YLS. As your chair, I want to see more young lawyers across the state get involved in the YLS. Now more than ever, it is important to take advantage of what the YLS has to offer and cash in on the benefits such as its substantive e-discussion list, invaluable networking opportunities and lifelong relationships with Indiana’s leading legal professionals. We may not have the battle scars of our more experienced colleagues, but we still have the ability to leave our mark on the legal community. Whether you practice in Indianapolis or in rural areas of the state, I want to encourage you to leave your positive mark in the legal realm over the course of this next year. To that end, here are five opportunities for you to get involved and make the most of your YLS membership: Participate on the YLS e-discussion list Perhaps one of the most helpful benefits of being a member of the YLS is its electronic mailing list, which offers an efficient way to disseminate information and a way to find answers to your most nagging questions as a new lawyer. A successful e-discussion list depends entirely on information sharing and participation from all of its members. You will create invaluable connections with other lawyers around the state and possibly get your next client referral. If you are currently a member of the YLS and would like to subscribe to the YLS e-discussion list, please e-mail Carissa Long at clong@inbar. org. If you have unsubscribed in the past, please give it another shot and subscribe today! Volunteer for a community service project While I am no JFK, his suggestion to citizens that you should “ask not what your country can do for you but what you can do for your country,” can be carried over to all service projects regardless of their size and complexity. Whether your local bar sponsors a project or you volunteer for a state- sponsored service event, your time spent assisting others speaks loud to not only your peers and mentors, but to those outside the legal community. As chair of the YLS, I plan to coordinate new service projects to provide you with opportunities to educate the youth in our state and to serve our elders (more details available soon). Also, I encourage you to participate in our annual, statewide Law Day celebration on May 1, 2011. Since 1957, the YLS has sponsored this community outreach program that provides attorneys the chance to step out of their office and into the classroom and/or community. This year’s theme, provided by the American Bar Association, is “The Legacy of John Adams, From Boston to Guantanamo.” As one of my undergrad roommates often said, “Leadership is action, not position.” Serving the public in these capacities will go a long way to improve the public image of lawyers in this state. Attend an ISBA event As noted previously, your attendance at ISBA-sponsored events offers invaluable networking opportunities and I t is always challenging to make the transition from law school to practice, but it seems especially difficult during these changing times. New lawyers are entering perhaps the most challenging economic environment. Those who have been practicing for a few years not only face stiff competition, but also must grapple with the rapidly changing legal landscape as they plot a course with their life in the law. During these times, the benefits of hav- ing a mentor are invaluable. Young lawyers must connect early in their careers to ensure that they are prepared for the responsible practice of law and are committed to profes- sionalism. The Indiana State Bar Association (ISBA) officially launched its Mentor Match program with its new curriculum at the 2010 Annual Meeting. This new curriculum is in response to Chief Justice Randall T. Shepard’s decision to allow mentors and men- tees to earn Continuing Legal Education (CLE) hours for a mentoring relationship using an approved curriculum, as well as a statement that we as a profession believe that mentoring is important. “We learn a lot in law school of course, but we learn a lot more over time from each other,” said Chief Justice Shepard. “Sometimes we learn in formal ways like continuing legal education, and sometimes it’s in very informal ways like just watching how other lawyers practice.” The Mentor Match program for young lawyers has undergone many developments since its inception in 2005. In October 2009, the Indiana Supreme Court Commission for Continuing Legal Education proposed that a structured mentoring program approved by the Commission could satisfy the Applied Professionalism Program (APP) required for all newly admitted Indiana attorneys. Further, the Commission offered that up to 12 CLE hours (to include up to 3 ethics hours) would be available to the mentors who ISBA launches new and improved Mentor Match program BY REYNOLD T. BERRY “We learn a lot in law school of course, but we learn a lot more over time from each other,” said Chief Justice Shepard. “Sometimes we learn in formal ways like continuing legal education, and sometimes it’s in very informal ways like just watching how other lawyers practice.” (continued on page 2) (continued on page 2)

description

YLS Network Fall 2010

Transcript of YLS Network Fall 2010

Page 1: YLS Network Fall 2010

FALL 2010Indiana State Bar Association Young Lawyers Section

Chair’s Message: My 5 challenges to young lawyersBY MICHAEL J. JASAITIS

The Indiana State Bar Association’s Young Lawyers Section (YLS)

remains dedicated to its steadfast commitment of providing opportunities and assistance to new lawyers in the practice of law. As of October 2010, I have the distinct honor of serving YOU as chair of the YLS and I look forward to leading this group of 2,400+ young lawyers. Having participated in the YLS for the past six years, I am excited about the new opportunities that lay ahead.

The YLS has historically been the largest and most active of the ISBA sections, oftentimes being referred to as the “service arm” of the ISBA. In spite of the fact that we offer exclusive low rates to law students and free membership to all new admittees, many young and new attorneys around the

state are unaware that they qualify for YLS membership. I encourage you to help spread the word about the benefits of becoming an active member of the YLS.

As your chair, I want to see more young lawyers across the state get involved in the YLS. Now more than ever, it is important to take advantage of what the YLS has to offer and cash in on the benefits such as its substantive e-discussion list, invaluable networking opportunities and lifelong relationships with Indiana’s leading legal professionals. We may not have the battle scars of our more experienced colleagues, but we still have the ability to leave our mark on the legal community.

Whether you practice in Indianapolis or in rural areas of the state, I want to

encourage you to leave your positive mark in the legal realm over the course of this next year. To that end, here are five opportunities for you to get involved and make the most of your YLS membership:

Participate on the YLS e-discussion list

Perhaps one of the most helpful benefits of being a member of the YLS is its electronic mailing list, which offers an efficient way to disseminate information and a way to find answers to your most nagging questions as a new lawyer. A successful e-discussion list depends entirely on information sharing and participation from all of its members. You will create invaluable connections with other lawyers around the state and possibly get your next client referral. If you are currently a

member of the YLS and would like to subscribe to the YLS e-discussion list, please e-mail Carissa Long at [email protected]. If you have unsubscribed in the past, please give it another shot and subscribe today!

Volunteer for a community service project

While I am no JFK, his suggestion to citizens that you should “ask not what your country can do for you but what you can do for your country,” can be carried over to all service projects regardless of their size and complexity. Whether your local bar sponsors a project or you volunteer for a state-sponsored service event, your time spent assisting others speaks loud to not only your peers and mentors, but to those outside the legal community. As chair of the YLS, I plan to coordinate new service projects to provide you with opportunities to

educate the youth in our state and to serve our elders (more details available soon). Also, I encourage you to participate in our annual, statewide Law Day celebration on May 1, 2011. Since 1957, the YLS has sponsored this community outreach program that provides attorneys the chance to step out of their office and into the classroom and/or community. This year’s theme, provided by the American Bar Association, is “The Legacy of John Adams, From Boston to Guantanamo.” As one of my undergrad roommates often said, “Leadership is action, not position.” Serving the public in these capacities will go a long way to improve the public image of lawyers in this state.

Attend an ISBA eventAs noted previously, your

attendance at ISBA-sponsored events offers invaluable networking opportunities and

It is always challenging to make the transition from law school to practice, but

it seems especially difficult during these changing times. New lawyers are entering perhaps the most challenging economic environment. Those who have been practicing for a few years not only face stiff competition, but also must grapple with the rapidly changing legal landscape as they plot a course with their life in the law. During these times, the benefits of hav-ing a mentor are invaluable. Young lawyers must connect early in their careers to ensure

that they are prepared for the responsible practice of law and are committed to profes-sionalism.

The Indiana State BarAssociation (ISBA) officiallylaunched its Mentor Matchprogram with its newcurriculum at the 2010 Annual Meeting. This new curriculum is in response to Chief Justice Randall T. Shepard’s decision to allow mentors and men-tees to earn Continuing Legal Education (CLE) hours for a mentoring relationship using an approved curriculum, as well as a statement that we

as a profession believe that mentoring is important.

“We learn a lot in law school of course, but we learn

a lot more over time from each other,” said Chief Justice Shepard. “Sometimes we learn in formal ways like continuing legal education, and

sometimes it’s in very informal ways like just watching how other lawyers practice.”

The Mentor Match program for young lawyers has undergone many

developments since its inception in 2005. In October 2009, the Indiana Supreme Court Commission for Continuing Legal Education

proposed that a structured mentoring program approved by the Commission could satisfy the Applied Professionalism Program (APP) required for all newly admitted Indiana attorneys.

Further, the Commission offered that up to 12 CLE hours (to include up to 3 ethics hours) would be available to the mentors who

ISBA launches new and improved Mentor Match programBY REYNOLD T. BERRY

“We learn a lot in law school of course, but we learn a lot more over time from each other,” said Chief Justice Shepard. “Sometimes we learn in formal

ways like continuing legal education, and sometimes it’s in very informal ways like just watching how other lawyers practice.”

(continued on page 2)

(continued on page 2)

Page 2: YLS Network Fall 2010

CHAIR’S MESSAGE(continued from page 1)

and legal professionals. You can never anticipate who you will meet or what new information you will learn that will have a positive impact on your career.

Find a mentor outsideyour office

The State Bar officially launched its Mentor Match program this month at its Annual Meeting. Without question, the YLS has always supported and encouraged this professional mentor/mentee relationship between new admittees and more experienced, reputable lawyers. Most aspects of practicing law are not taught in law school, but rather handed down from those with experience in the field.

lifelong relationships with leading legal professionals.

These events bring together a diverse group of people from all practice fields and geographical areas.To mention a few events that you won’t want to miss is the annual Judicial Reception, ISBA Annual Meeting, Solo & Small Firm Conference, YLS golf outing and much more. Please check out the calendar of upcoming events on p. 6! If you are anxious about attending an event for the first time, please feel free to contact Carissa Long at [email protected] or 1.800.266.2581 and she will serve as your personal host, greeting you upon arrival and making sure to introduce you to other young lawyers

completed the approved program. The ISBA PLEADS Section then reconstituted the Mentor Match Committee (Committee) to develop a program for approval.

After reviewing mentoring programs utilized by other states, the Mentor Match Committee, chaired by Hon. Caryl A. Dill, magistrate of the Marion Superior Court, determined the program implemented by the Ohio Supreme Court’s Commission on Professionalism would best suit Indiana’s legal community. The Ohio Supreme Court’s Commission on Professionalism provided a license that allowed the Committee to utilize all facets of their mentoring program. The Committee completed the transformation of those materials for submission to the Commission. In August 2010, the Commission approved the Mentor Match materials for CLE and APP credits upon the certification of a sponsoring organization. As a result, any lawyer in Indiana meeting the requirements of the Mentor Match program and who participate as a mentor or mentee can now earn CLE or APP credits.

The goal of the Mentor Match program is to elevate the competence, professionalism and success of Indiana lawyers through positive mentoring relationships. Mentoring creates an opportunity for an experienced lawyer to provide professional guidance and share practical knowledge and skills with a new lawyer during the critical transition from law student to legal practitioner. The relationship created through the Mentor Match program should work on several different levels to foster the development of the mentee’s career, while creating a sense of pride and purpose in the mentor. Any lawyer admitted to practice

law in Indiana who is in need of advice and professional development can participate in the Mentor Match program.

Experienced and reputable mentors are essential to the success of this program. By serving as a mentor, you help to improve the legal profession in this state. Before volunteering to participate in this program as a mentor, you must evaluate whether or not you have the ability to teach a new lawyer in a one-on-one setting, have the time necessary to devote to the program, understand the Indiana Rules of Professional Conduct and ensure that you exhibit professional habits in the practice of law. In addition to the self-evaluation, the Mentor Match Committee has established the following qualifications for mentors:

• Be an attorney in Indiana registered active and in good standing;

• Be admitted to practice law in Indiana for not less than five years;

• Have a reputation among judges and peers in the local legal community for competence and ethical and professional conduct; and

• Subject to limited exceptions for lawyers willing

to give a written explanation of the circumstances to obtain a waiver from the Mentor Match Committee, the mentor must not have any active or concluded disciplinary matters which may or did lead to the suspension, disbarment or public admonishment of the prospective mentor.

Young professionals hear a lot about mentoring, but identifying a mentor can be a challenge. If you are a new lawyer and looking for a mentor to guide you from the study of law to the practice of law, the ISBA’s Mentor Match program is for you!

If you are interested in the Mentor Match program, whether as a mentee ormentor, submit the appropriate sign-up form, available at mentormatch.inbar.org, to Maryann Williams at [email protected].

Reynold T. Berry is an associate at the Indianapolis firm Rubin & Levin and serves as the 2010-2011 secretary/treasurer of the Indiana State Bar Association’s Young Lawyers Section. He also serves as the YLS liaison to the Mentor Match Committee. Ren can be reached at [email protected].

MENTOR MATCH PROGRAM(continued from page 1)

Indiana State Bar Association

Mentor MatchA Mentoring Initiative For Local Bar Associations

Helping families with long-term care needsBY LINDSAY R. KNOWLES

2

obtain Medicaid help? What are the rights of the nursing home resident and the family who wants to ensure quality care from the facility?

These questions have become part of the daily work of lawyers who practice elder law. Lawyers who work with businesses, divorces and traditional estate planning also encounter these issues from their clients and must know how to identify the critical issues and sources of help for the client with a specialized need.

Most often, it is the family member who is most involved with looking after the well-being of the elder who is now incapacitated who seeks out help. What are the legal issues for this person?

First, the lawyer must help this family member understand what it means to have a fiduciary relationship

The following article is based on a presentation by Scott R. Severns, Indianapolis, apartner at the firm Severns & Stinson, at the Midwest Estate, Tax and Business Planning Institute.

Sometimes it’s like a bolt of lightening. An aneurysm suddenly disables a 58-year-old wife, turning the lives of her children and husband upside down. Other times the progression is more gradual but no less demanding. Alzheimer’s disease may progressively push a family toward the edge where professional, long-term care becomes essential.

The need for placement in a nursing facility presents a bewildering array of new issues for a family. What coverage is available from Medicare, from the Medicare supplement policy or the employer’s insurance plan? Will I have to sell my home to

Page 3: YLS Network Fall 2010

The ISBA and the Indiana Bar Foundation are pleased to announce that the Indiana Laws of Aging handbook is available for

purchase at a minimal price!

Copies of this handbook can be purchased for $1.50 (plus shipping). The handbook

is also being widely distributed tosenior-related programs across the

state at no cost.

To purchase a copy of Indiana Laws of Aging,please contact the ISBA at 1.800.266.2581.

Indiana Laws of Aging

lawyers, law students and the extended legal community in a way never before possible! Keep up with job assistance initiatives, outreach programs and much more.

To close, the YLS has been, and will continue to be, a great service to its members, the State Bar and the legal community as a whole. I want to reiterate how much of an honor it is to serve as chair of the YLS and assist our efforts to an ever-improving organization.

On behalf of the YLS, a special thanks to immediate past chair Angela L. Freel (2009-2010) for her hard work during the past year and for her many years of service to the YLS.

Michael J. Jasaitis is an attorney at the Crown Point firm Austgen Kuiper & Associates and serves as the 2010-2011 chair of the Indiana State Bar Association’s Young Lawyers Section. Michael can be reached at [email protected].

To go a step further,I would encourage you to seek a mentor outside your office, a person who is not in a supervisory relationship with you. It is vitally important for you, a new and/or young lawyer, to have someone with whom you can have an open and honest dialogue with. The sign-up forms for both a mentor and mentee are available at mentormatch.inbar.org. If you would like to know more about

volunteering to be a mentor or if you need a mentor, please contact Maryann

Williams at [email protected] or 1.800.266.2581.

Write an article forthe YLS Network

Looking to get published? This is the perfect opportunity for you to submit an article and write about an area of law of interest to you, a trial story, advice from a mentor and much more. The YLS Publications Committee encourages you to submit articles for the YLS Network.

To submit an article for consideration, please e-mail your story to council

members Alaina Byers at [email protected] or Anthony Rose at [email protected].

These are just a few ways to get involved in the YLS. If you have any suggestions about any of these initiatives, please feel free to contact me, your district representative (see district map on p. 5), or the YLS staff liaison Carissa Long at 1.800.266.2581 [email protected]. Carissa is a young, dynamic and recent addition to the YLS who will provide great benefit to this group.

Also, keep up with what’s going on with the YLS on Facebook (www.facebook.com/isbayls), officially launched earlier this year. Get exclusive content and interact with young

3

“We may not have the battle scars of our moreexperienced colleagues, but we still have the

ability to leave our mark on the legal community. “

to the frail family member. Hopefully, powers of attorney were established before the person became disabled. If not, a guardianship may be necessary to provide the type of legal assistance that will be necessary to carry out the complex plan needed to ensure safe and affordable care.

The family member must be advised of what their legal obligations are. The family member is generally required by law to carry out what comes naturally without the law dictating, to look out for the best interests of the person who is incapacitated. But “best interests” are not always clear and the paths to getting to the best situation for the incapacitated person are often shrouded in a dense fog.

The lawyer provides clarity by identifying the issues and then helping the client choose the right path among a variety of choices.

Medicaid eligibility planning is essential for most

people with a long-term care need. Approximately two-thirds of the people in nursing homes receive Medicaid. For most, there is no other source of payment for a lengthy stay in a nursing facility.

Medicaid rules, while complex, break down to three basic questions:

1. Does the person have “excess resources”

2. Has the person made any transfers of assets that would cause a period of disqualification?

3. How will the income of the individual or couple be allocated to care needs versus other needs?

For married couples, Medicaid rules were amended in 1989 to prevent spousal impoverishment. Under these rules the spouse in the community can retain assets for her own needs. The amount of assets that can be retained is the highest amount computed under four different formulas. The

only way a family will know whether they are getting the maximum allocation to the community spouse is to have the assistance of a lawyer who knows these rules inside and out.

Assets can also be sheltered in exempt form. Income-producing real estate is an exempt asset under Medicaid rules in Indiana. Even single individuals who can have no more than $1,500 in cash assets can own farmland or rental property worth tens or even thousands of dollars without having to sell that property.

Transfers of assets to children can cause a Medicaid penalty in some cases. However, there are a number of exceptions. Last year, significant changes to Indiana law changed the landscape of gifting. Medicaid transfer rules are often talked about but few truly understand them, outside of elder law attorneys.

Changing assets from non-exempt form to an

exempt form, such as the purchase of income-producing real estate or the purchase of an annuity will not cause a penalty. However, only certain purchases of this type will really help in a Medicaid plan.

The key is to have expert advice before entering the

world of Medicaid. Such advice can be worth tens of thousands of dollars in savings to a family facing this critical need.

Lindsay R. Knowles is an attorney at the Indianapolis firm Severns & Stinson. Lindsay can be reached at [email protected].

Page 4: YLS Network Fall 2010

Brief histories of the State Bar and the Young Lawyers SectionThe following is excerpted from the State Bar’s commemorative centennial issue (Res Gestae, September 1996).

Our association, christened “The State Bar Association of Indiana,” was born on June 23, 1896, in the hall of the Indiana House of Representatives with more than 100 lawyers present. Most of the credit for “midwifing” this event accrues to the 1896 leadership of the Marion County Bar Association, notably Samuel O. Pickens and John R. Wilson. Pickens, county bar chairman, issued notice of the meeting and its purpose: to organize a state bar association. Wilson prepared and presented a draft of Articles of Association, and assumed the important office of secretary of the fledgling organization until he became its second president in 1898-99. (In nominating Wilson to succeed Benjamin Harrison, the organization’s first president, Pickens stated: “John Wilson did probably more than any member of the bar to bring about the organization of the State Bar Association.”)

The assembled lawyers disposed of the business at hand with little debate. Articles of Association, which included details of membership eligibility, governance, dues, committees and their functions, and meetings, were discussed, adopted and signed by the organization’s charter members. Harrison was elected president. (Three years earlier he had concluded his service as the nation’s 23rd president and returned to his Indiana law practice.)

Selected provisions of the Articles, considered to be of significant historical interest to readers, are listed:

• All members of the Indiana bar in good standing eligible for membership.

• Annual dues: $5.

• Original standing committees: executive, obituary, membership, grievance, publications, legal education and admissions, judicial administration and remedial procedure, jurisprudence and law reform.

• Special committees to be appointed by the president as needed.

• The president of the association shall open each annual meeting with an address.

The first annual meeting(STATE HOUSE,

INDIANAPOLIS – June 23, 1897) The first meeting, other than the organizational meeting, was called to order by President Harrison. He opened with a brief but forceful address that identified clearly his interest in, and support of, the judiciary. He then introduced Hon. Lawrence Maxwell, a distinguished member of the Ohio bar, who spoke on the “Law as a Science.” Reports of committees followed, as did the election of officers and executive committee. Harrison was re-elected for a second year as president, and he remains today the only two-term president in the association’s 100-year history.

Bylaws were adopted. Lively discussions ensued on judicial selection and tenure, legal education and admissions to the bar, and uniform state laws. Members displayed a desire to tackle substantive issues without delay. Young lawyers celebrate 64 years of service (September 1996)

The first record of the ISBA Young Lawyers Section (YLS) is in the proceedings of the 36th annual meeting of the Indiana State Bar Association held at South Bend, Ind., on July 7-8,

1932, when John G. Biel of Terre Haute addressed the assembly, encouraging an organization within the bar for junior members. Sometime during the late summer or early fall of 1932 a Committee on Young Lawyers’ Organization was appointed. By year’s end a report of that committee was adopted and its recommendation approved, establishing a Young Lawyers Committee.

It was at the mid-winter meeting of the association held in Indianapolis on Jan. 14, 1939, that a resolution was presented by the Young Lawyers Committee to amend the bylaws of the ISBA to provide for a new section of the association to be known as the Young Lawyers Section. Its membership would consist of all members of the ISBA who were not over the age of 35 years. The section was to have as its objectives the furtherance of a close relationship among the younger members of the bar, assistance to law students and newly admitted members of the bar, improvement of the economic status of the legal profession, and such other functions, duties and projects as the president or Board of Managers of the State Bar should direct. At that meeting the Young Lawyers Section became a reality, and Philip E. Byron Jr., Peru, was appointed the first chair of the section.

In the 1940s the YLS began its practice of congratulating new lawyers at a luncheon following their admission to the bar of Indiana. This is one of the activities of the section which has continued without interruption to the present time (although now a reception for new admittees, their families and guests takes place rather than a luncheon).

The next few years were war years, and as a result challenges surfaced for the section as well as unique opportunities for service

to members. In spite of the war the practice of hosting luncheons in honor of new admittees continued. Some regional meetings were also conducted during this period. In 1942-43 the section organized a group to furnish legal aid for service personnel at the Naval Armory and assisted both the Army and Navy in recruiting trained men for officer personnel, although there was little demand for lawyers, as such, in the armed services at that time.

The years ’44-’45 and ’45-’46 were memorable ones for the section as it was honored as the outstanding Young Lawyers Section in the United States two years running with the Award of Merit of the Junior Bar Conference of the American Bar Association.

In 1957 the YLS council sought approval of the ISBA Board of Managers to conduct a statewide Law Day celebration. The section chair attended a board meeting to propose the project. When he explained the idea of Law Day, the members of the Board of Managers denied the proposal, stating it was unethical and would constitute advertising. About a week later, the American Bar Association urged each state to sponsor Law Day programs. The Young Lawyers Section received a call from the Board of Managers, which authorized the section to proceed with its plans for a statewide Law Day celebration.

The ’60s raised the social conscience of YLS as it began to reach out to communities, broadening the scope of its programs at local high schools and establishing career days at colleges. By the ’70s the section’s aim to support new lawyers resulted in sponsorship of a practice skills or bridge the-gap seminar, a version of which continues today. The two-day

seminar provides a three-volume manual of forms and other helpful guidance for a variety of practice areas. Three different times in the ’70s and ’80s the ISBA/YLS was the recipient of the Award of Achievement from the ABA Young Lawyers Division. Programs providing disaster relief to victims of the Richmond fire and the Fort Wayne flood were spearheaded by YLS members. Disaster relief continues today whenever the section is called upon by the Federal Emergency Management Agency. Also during the ’70s the YLS sponsored a statewide program during the first week in May called “Older Hoosiers Law Week,” for which the section received a proclamation from the state of Indiana.

The YLS pursued many and varied goals during the 1980s, such as Lawyers Assistance Program, Statewide Softball Tournament, Job Interview Program, Lawyers Res, YLS Network newsletter, Elder Law Pro Bono Referral Project and Regional Meetings.

The movement for mandatory continuing legal education for all Indiana lawyers was spearheaded by the section in the mid 1980s. Also, under the leadership of ’87-’88 YLS Chair E. Spencer Walton Jr., of South Bend, the section initiated a pilot project to encourage the use of alternative dispute resolution in Indiana. A more recent effort of the YLS is the Teen Law Project, which resulted in publication of a booklet entitled Legal Stuff (You should know!) for distribution to high school seniors throughout the state.

4

Page 5: YLS Network Fall 2010

Six tips for the young lawyer to avoid FDCPA liabilityBY CHARLES S. LEONE AND ANTHONY M. ROSE

The appliance repair company that you represent asks you to send a letter to Joe Homeowner for stiffing the company on the $150 for repairing a noisy dishwasher. A couple of months after you send your standard demand letter, you receive a letter from Joe Homeowner’s attorney demanding payment of a few thousand dollars to avoid a lawsuit for violating the Fair Debt Collection Practices Act (FDCPA). This article offers a few pointers of which all attorneys should be cognizant of with regard to the FDCPA. Failing to comply with the FDCPA potentially exposes the violating attorney to substantial liability, particularly debtor’s attorney fees. While the intricacies of the FDCPA require careful study, this article highlights common areas that lead to litigation and liability.

1. Are you a debt collector?The FDCPA defines a debt

collector as “any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.” This broad definition certainly includes attorneys and law firms collecting debt on behalf of creditor clients. Basic compliance is not terribly cumbersome. Therefore, with even the slightest of doubt that your situation falls within the scope of the FDCPA, it is most prudent to adhere to its basic provisions.

2. Know your debtand debtor

Your debtor may not be a “consumer” and the debt may not be a “debt” for purposes of the FDCPA. The FDCPA restricts coverage to transactions that are primarily for personal, family or household purposes, whether

or not the obligation has been reduced to a judgment. Business debts, or individuals that incur debt for business purposes, are not within the scope of the FDCPA.

3. Verify the debtInitial correspondence

with a debtor should contain information on disputing and verifying a debt. If a debtor notifies your firm that the debt is disputed, within 30 days of receiving that debtor’s dispute, your firm is required to cease collection activity and send verification of that debt to the debtor (e.g. a debtor who disputes the validity of a debt on a car loan). If our firm receives such a dispute, we suggest you send a copy of the loan application, loan agreement and payment history.

4. Provide notice on correspondence

While the exact wording may vary, all written correspondence to a debtor should contain a notice that you are a debt collection agency, that the purpose of the correspondence is to collect a debt, and that any information that the debtor provides will be used to collect a debt. The initial correspondence with the debtor should contain additional disclosures (to include the amount claimed to be owing, creditor’s name, opportunity to dispute and request verification of the debt and various disclosures regarding obligations to the court).

5. Limit initiationof phone calls

If required to assert a defense, it is much more credible to present the written correspondence sent to the debtor versus the informal notes that your staff may or may not have made from conversations they had with the debtor. Our firm almost never initiates a telephone conversation. If we

need to speak with a debtor because of lack of payment or any other reason, we send a letter with the reason for the correspondence and request that they contact us.

6. Incorporate protective systems

Support staff often handles correspondence with debtors to collect on open cases. It is important to properly train and supervise staff members to ensure that they are complying with the FDCPA. For instance, at our monthly staff meetings, the attorneys rotate the responsibility of presenting information on the FDCPA. In addition, the use of technology serves the same purpose. Our document generation programs limit what staff members may change in correspondence to debtors. These protective systems not only prevent violations, but, if there is a violation, the “bona fide error” defense of the FDCPA may mitigate liability.

Charles S. Leone is a partner at the South Bend firm Leone Halpin. Anthony M. Rose is an associate at the firm and serves as the District 3 Representative of the Indiana State Bar Association’s Young Lawyers Section. Chuck can be reached at [email protected]. Tony can be reached at [email protected].

ISBA DISTRICT MAP

Lake

1Porter

Laporte

StarkeMarshall

Jasper

Newton

Pulaski Fulton

CassWhite

Benton Carroll

TippecanoeWarren

Fountain

Montgomery

Clinton

Boone

Howard

Tipton

Grant

MiamiWabash

Hunting-ton

Wells Adams

Black-ford Jay

Hamilton

MadisonDelaware Randolph

Henry

HancockMarion Wayne

Rush

Shelby

Fayette Union

JohnsonFranklin

Decatur

Hendricks

Putnam

Morgan

Owen

ClayVigo

Parke

SullivanGreene

Verm

illio

n

MonroeBrown Bartho-

lomew

LawrenceJackson

Orange

Washington Scott

Jennings

Jefferson

Ripey

Dear-born

Ohio

Switzerland

Clark

Martin

Crawford

Harrison

FloydGibson

PoseyWarrick

SpencerVander-burgh

Dubois

Perry

Pike

Knox Daviess

St. Joseph

ElkhartLagrange

Noble Dekalb

Steuben

Kosciusko

Whitley Allen2

3

4

10

116

9

7

8

5

Keep up with what’s going on withthe Young Lawyers Section.

Come hang outwith us on facebook.

An online meeting place for

Indiana’s young lawyers!

Become a fanwww.facebook.com/isbayls

5

twitter.com/indianastatebar

facebook.com/indianastatebar

www.inbar.org

linkedin.com/companies/indiana-state-bar-association

Page 6: YLS Network Fall 2010

OFFICERS

ChairMichael J. Jasaitis, Crown [email protected]

Chair-ElectJason A. Cichowicz, South Bend [email protected]

Secretary/TreasurerReynold T. Berry, Indianapolis [email protected]

DISTRICT REPRESENTATIVES

District 1Ryan R. Kutansky, Highland [email protected]

District 2Michael E. Tolbert, Merrillville [email protected]

District 3Anthony M. Rose, South Bend [email protected]

District 4Candace Armstrong, Brook [email protected]

District 5Vacant

District 6Casey C. Kannenberg, [email protected]

District 7Thomas S. Clary II, Terre Haute [email protected]

District 8James E. Gentry Jr., [email protected]

District 9Aaron M. Johnson, New [email protected]

District 10Vacant

District 11Anne B. Hayes, [email protected]

AT LARGE

Alaina S. Byers, Indianapolis [email protected]

Jennifer A. Elston, [email protected]

Matthew J. Light, Noblesville [email protected]

Tonya R. Shaw, Washington [email protected]

Benjamin D. Fryman, [email protected]

David Lynch, [email protected]

Andrea Ciobanu, Indianapolis [email protected]

Alex Gude, [email protected]

COUNSEL TO THE CHAIRJ. Todd Spurgeon, New Albany [email protected]

MARION COUNTY BAR LIAISONChasity Q. Thompson, Indianapolis [email protected]

INDIANAPOLIS BAR LIAISONDavid A. Adams, [email protected]

PRO BONO COMMISSION LIAISONRosanne T. Ang, [email protected]

IMMEDIATE PAST CHAIRAngela L. Freel, [email protected]

ISBA STAFF LIAISONCarissa Long, Indianapolis [email protected]

Young Lawyers Section 2010 - 2011

ISBA - YLS Calendar & Conferences

Applied Professionalism Seminar | Indianapolis

YLS Service Project | Indianapolis

“Talk to a Lawyer Today” Pro Bono Project

ABA Midyear Meeting | Atlanta, Ga.

Annual Legislative Reception | Indianapolis

Women’s Bench Bar Retreat | Culver

YLS Service Project | Merrillville/Valparaiso

Judicial Reception | Indianapolis

Law Day 2011

YLD Spring Conference | Las Vegas, Nev.

YLS Golf Outing | Indianapolis

Solo & Small Firm Conference | French Lick

ABA Annual Meeting | Toronto, Canada

ISBA Annual Meeting | French Lick

Nov. 12, 2010

Jan. 15, 2011

Jan. 17, 2011

Feb. 10-12, 2011

Feb. 23, 2011

March 4-6, 2011

March 26, 2011

April 27, 2011

May 1, 2011

May 12-14, 2011

May 21, 2011

June 2-4, 2011

Aug. 4-6, 2011

Oct. 19-21, 2011FALL 2010Indiana State Bar Association Young Lawyers Section

Young Lawyers SectionIndiana State Bar AssociationOne Indiana Square, Suite 530Indianapolis, IN 46204