YLS Network Fall 2011

FALL 2011Indiana State Bar Association Young Lawyers Section

Chair’s Message: YLS identifies challenges facing young lawyers, provides opportunitiesBy Jason a. CiChowiCz

As chair of the indiana state Bar association’s (isBa)

young Lawyers section (yLs), i want to welcome you to what has historically been the largest and most active of the isBa sections with 2,400+ members. This section strives to identify the many challenges facing young lawyers and carry on activities that will assist you in the practice of law. we accomplish this mission through the shared resources of the yLs Council, isBa sections and committees, local bars and affiliations with the american Bar association (aBa).

it seems like only yesterday that i was standing in front of the indiana supreme Court reciting the oath of attorneys at the swearing in ceremony. standing there with my fellow inductees, i couldn’t help but to reflect on the many challenges i faced

along the way. it seemed like an eternity ago since i had picked up a study guide for the LsaT, attended my first day of law school and sat for the bar exam. as i breathed a sigh of relief because i had overcome those challenges, i imagined that everything from that point on would be smooth sailing. sitting here now, a number of years removed from the swearing in ceremony, i can see that i was completely wrong and the difficult challenges were just beginning.

The yLs can be a great partner during these challenging times, whether you are just getting started or have been practicing for a couple of years. The yLs sponsors several social gatherings and networking events for you to ask questions or share war stories with people who have faced similar challenges as a young lawyer. specifically, i would encourage our newly licensed

colleagues to participate in the isBa Mentor Match program. This program is a “hands on” approach for some of our more seasoned attorneys to help prepare our young lawyers for a

responsible practice of law. Through this program, you can also receive six hours of CLE as both a mentee and mentor. if you would like to find out more about this mentoring program, visit mentormatch.inbar.org or contact Maryann williams at [email protected].

oftentimes being referred to as the “service arm” of the isBa, the yLs also provides young lawyers with opportunities to give back to the community with various service-oriented projects. while plans are preliminary

at this point, the section will participate in service projects varying in size from a national program as outlined by the aBa to helping specific families in need in our community.

it certainly looks to be an exciting year ahead. i want to thank Michael J. Jasaitis for his leadership as chair of the yLs and for his longtime service on the yLs Council. The section has accomplished many great things during his term and had fun along the way.

Lastly, i would like to welcome our new bar admittees to the practice of law and hope you get involved with the isBa, and specifically the yLs. The benefits can only be realized with your participation, so

please get involved; there are many challenges that lie ahead.

i look forward to serving as the yLs chair this year and hope you will come out and participate in the fun.

Jason A. Cichowicz is an attorney at the South Bend firm Berger Gammage & Associates and serves as the 2011-2012 chair of the ISBA’s Young Lawyers Section. Jason can be reached at [email protected].

“The benefits [of the Section] can only be realized with your participation. “

ISBA Young Lawyers Section wins national award

The indiana state Bar association’s (isBa)young Lawyers section

(yLs) was recognized at the national association of Bar Executives’ annual conference in nashville, Tenn., where the yLs received the Luminary award for Excellence in Publications for its Legal Stuff (You should know!), a publication that provides high school seniors with a basic understanding of various areas of law that may affect their lives.

“This award is a wonderful recognition of the public service work this bar association does to serve

the community,” said isBa President C. Erik Chickedantz. “special credit goes to yLs Chair Jason a. Cichowicz, of south Bend, and immediate Past Chair Michael J. Jasaitis, of Crown Point., for their leadership as co-chairs of the 6th Edition Board of Reviewers.”

since 1991, yLs has proudly published Legal Stuff (You should know!), which is provided free of charge to indiana’s high school seniors. The booklet includes a brief synopsis of the issues and general rules of law in areas such as renting your own apartment; penalties for

drunk driving; what happens if you are arrested; credit card protection; what to do if you’re in an auto accident; and so much more.

Traditionally, copies of Legal Stuff have been handed out by attorneys to celebrate Law Day on May 1. attorneys and high schools can obtain copies by contacting the isBa at 800.266.2581 or [email protected].

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The use of online social media and networking sites has become

so common that it is now impacting lawyers and the practice of law. Lawyers can, and do, benefit from using online social media and marketing services for client development and professional networking. Unlike the general public, however, lawyers must understand and be mindful of the ethical considerations that arise when engaging in online social networking. To that extent, the innocent sounding name “social media” is a misnomer. it would be a serious mistake for attorneys to assume that engaging in social media is purely a social

activity with no concerns related to their professional and ethical obligations. some uses of “private” social media and social networking sites such as Facebook (www.facebook.com), Linkedin (www.linkedin.com), Myspace (www.myspace.com) and Twitter (www.twitter.com) could subject an attorney to discipline or affect a candidate’s prospects for bar admission. at a minimum, this article provides a broad overview in an attempt to inform indiana lawyers and potential bar applicants about some of the issues social media platforms raise, and how our profession may be impacted.

This topic is the subject of countless articles and blogs from every state around the country. several issues and concerns that have been identified to date in connection with the use of social media by lawyers fall into the following general categories:

• Maintaining client confidentiality • The inadvertent creation of client-attorney relationships • advertising and marketing • The unauthorized practice of law • Conduct concerning opponents, witnesses and investigations • Discovery

Legal ethics involved in online social media and networkingBy isBa LEgaL EThiCs CoMMiTTEE

• Proper communications • Communications and other conduct between attorneys and judges

Client confidentiality concerns can arise in several contexts, but one obvious example is posting information online about pending or settled cases.1 similarly, unintentional or inadvertently created attorney-client relationships can create obligations of confidentiality that can disqualify the lawyer and, in some instances, an entire firm. worse yet, an unintentional or inadvertently created relationship can expose the lawyer to not only liability

I have often been asked about the focus of the state Bar’s young Lawyers

section (yLs). if one were to take a look at our governing bylaws, the purpose of the yLs, is set forth as follows:

[T]o stimulate the interest of new and young lawyers in the objectives of the indiana state Bar association (“isBa”), to carry on activities which will be of assistance to new and young lawyers in the practice of law, and the citizens of this state, and to make reports and recommendations to the governing bodies of the isBa.

in real-world terms, i think that means to assist the development of new and young lawyers. as part of my final message, i want to reflect on the activities and accomplishments from this past year that have advanced this all too important purpose.

Throughout the year, we served the young, old and less fortunate with

a multitude of service projects. we also crossed state lines for joint meetings and exchange of ideas and organized events both large and small to connect with our judiciary. among the services and efforts of the yLs that i am most proud of were the award-winning “young Lawyers serving hoosier seniors” community service joint projects with local law school students; the resurrection of the state Bar’s annual golf outing with its special emphasis on honoring past chairs for their service; and the inaugural “Dinner with the Judiciary” networking events. with the incredible amount of participation from our governing Council and the entire membership, the yLs is a force to be reckoned with and has even been recognized on the national level by both the american Bar association and the national association of Bar Executives.

For the aforementioned endeavors, i am thankful to many people. while the

accomplishments of your yLs Council members often go unnoticed, they shall not go unrecognized. The countless number of volunteer hours spent organizing, marketing and attending these events was tremendous and i encourage you to thank your local yLs district representative for their efforts. Moreover, your yLs could not function as efficiently without the full backing of the state Bar leadership, administration and staff. special recognition must be given to Carissa Long, who truly served as the logistic backbone of this organization, working behind the scenes and attending every yLs event and meeting.

i will leave you with five parting thoughts that resonate after this year:

(1) if you want to get involved in the yLs, you simply have to ask. The various yLs committees are not limited to Council members. if there is an interest, and you are willing, the yLs and the isBa will find a spot for you to serve.

Outgoing Chair’s Message:What a year we’ve had & what a year to comeBy MiChaEL J. JasaiTis

(2) never underestimate the power of networking. if you have seen me speak at any of the law schools, you have heard me say that i have yet to meet an attorney that has not benefited from networking in some fashion. so get out and meet your colleagues and members of your community. it will come back to you in a positive manner.

(3) The members of the judiciary in this state, from the trial court all the way to the indiana supreme Court, were once in your shoes. My experience is that they want to see young and new lawyers succeed, so don’t be afraid to reach out for guidance and advice.

(4) if you have a passion in a certain area of the law, find a feasible way to pursue it. Take a risk if you have to. Do what you love and it won’t feel like you are going to work, but rather your calling.

(5) Be yourself and never forget where you came from. when that new or young lawyer comes to you 20 years from now for assistance, remember to take the time to mentor him or her.

your current chair, Jason a. Cichowicz, was a big part of this year’s yLs efforts and will provide the yLs with strong leadership into 2012. i see the level of involvement increasing during his term and i’m absolutely confident in the continued success of this section. i am honored to have served you in this capacity and with your continued participation, and with the leadership that will follow, the future of the yLs is brilliant.

Michael J. Jasaitis is an attorney at the Crown Point firm Austgen Kuiper & Associates and serves as the 2011-2012 Immediate Past Chair of the Indiana State Bar Association’s Young Lawyers Section. Michael can be reached at [email protected].

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at the annual Meeting’s awards Luncheon on oct. 20, the state Bar’s young Lawyers section recognized the following individuals for their tireless efforts and outstanding achievements.

Outstanding Judge Awardhon. James D. humphrey,

of Lawrenceburg, is judge of the Dearborn-ohio Circuit Court. he was elected to the bench in 1998. Prior to his appointment as judge, he served two terms as prosecutor for Dearborn-ohio counties. Judge humphrey also served as deputy prosecuting attorney for Dearborn-ohio counties and was a private practitioner. Judge humphrey received his B.a. from indiana University in 1980 and his J.D. from the i.U. Maurer school of Law in 1983.

“Judge humphrey has gone out of his way to check on the progress of myself and new attorneys practicing before him,” said David Lynch, of west harrison, a solo practitioner and member of the yLs Council. “he recommends useful texts and even keeps copies available for loan, makes himself available for practice

tips when appropriate and provides opportunities for young lawyers to serve the community.”

Outstanding Young Lawyer Award

Kiamesha-sylvia g. Colom, of indianapolis, is an associate at the indianapolis firm Coleman stevenson & Montel. Prior to joining this firm, she was an associate at Barnes & Thornburg. During law school, she served as a law clerk at the office of the indiana attorney general in its Consumer Protection Division. Colom is a member of the indiana state and indianapolis bar associations. she is a past board member for Flanner house of indianapolis and, along with her husband, is a “Big Couple” for Big Brothers Big sisters of Central indiana. Colom received her B.a. from Manhattanville College in 2002 and her M.s.Ed. from Mercy College in 2004. she received her J.D. from the i.U. school of Law-indianapolis in 2007.

“i find Ms. Colom’s commitment to representation particularly noteworthy because her clients show an extremely

Outstanding achievements recognized at luncheon

In this photo: Staci E. Herrin (right), Coordinator, Randall T. Shepard Academy for Law and Social Justice, and ISBA Immediate Past President Jeffry A. Lind (left).

In this photo: Hon. James D. Humphrey (left) and ISBA Immediate Past President Jeffry A. Lind (right).

In this photo: Kiamesha-Sylvia G. Colom (right) and ISBA Immediate Past President Jeffry A. Lind (left).

high level of satisfaction with her handling of their cases,” said gerald B. Coleman, partner at Coleman stevenson & Montel. “she is certainly on the right path to becoming a well-known and highly respected lawyer.”

Liberty Bell AwardThe Randall T. shepard

academy for Law and social Justice is a program of the Evansville Vanderburgh school Corporation housed at william henry harrison high school, where Chief Justice shepard attended high school. The academy is a two-year program that prepares students for further studies in the areas of law, social justice and political science. at the academy, faculty emphasizes the importance of community involvement. The academy and the Evansville Bar association are also teaming up to develop a mentor program to provide enrolled students direct contact with professionals in their specific area of interest.

See pictures of all the fall meeting award winners at www.tinyurl.com/isbaawardpics.com.

www.facebook.com/isbayls

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for malpractice but also to disciplinary actions.

social networking and internet options such as Linkedin and blogging can present a host of issues under the Rules of Professional Conduct that govern communications, solicitations and advertising directed toward potential clients. There is no clear boundary between the use of social networking media for purely social purposes and using those services for marketing. Using social networking for marketing creates an entirely different set of risks and carries with it the potential for abuse. in some instances, social networking behavior would be viewed as improper solicitation.2 Likewise, because lawyers are prohibited from making false or misleading communication about their services, the tendency to engage in hyperbole or make exaggerated and spontaneous “off the cuff” remarks on a social networking site may create unintended ethical consequences.

additionally, while a client or third party may describe a lawyer’s services however they wish, the Rules of Professional Conduct do govern the efforts by lawyers to circumvent the rules through the acts of others.3 Particularly difficult issues arise if a third party makes statements about a lawyer or firm that the lawyer or firm themselves could not make. Policing those kinds of statements and knowing what, if anything, a lawyer can do to remedy that type of situation can be problematic. assuming such a testimonial is unsolicited by the attorney, statements made in such a testimonial still raise the concern of whether some type of a disclaimer is required to indicate that the testimonial is unsolicited.4

Extraterritorial and unlicensed practice-of-law issues exist because social networking crosses state lines (as well as international borders). some social networking and, particularly, blogging or participating in chat rooms may subject an attorney to claims of unauthorized practice of law in other jurisdictions if the attorney provides state- or federal-specific legal opinions or advice and is not licensed to practice in the state in which a recipient participant is located.5 Likewise, becoming part of a “virtual law firm” and falling victim to the potential ethical pitfalls of practicing in a virtual law firm can be problematic.6

another emerging practice that is quickly becoming widespread is conducting investigations by using social networking sites and, specifically, gaining access to a witness’ or adverse party’s social networking page (e.g., Facebook or Myspace) to find information to use on cross-examination. There are ethical considerations and limitations on such use. For example, trying to become friends with third parties (opponents or witnesses) on social media sites in order to pursue investigations may run afoul of rules governing contact with such persons.7 The possibility of anonymous communications on some websites presents another discreet set of issues.8

“Friending” between judges and lawyers is also a source of concern. Currently there is no consistency from state to state on how “friending” with judges is being, or will be, treated.9 some states have approved such relationships, with qualifications.10 The Ethics Committee of the Kentucky Judiciary answered a “Qualified yes” to the question: “May a Kentucky judge or justice, consistent with the Code of Judicial

Conduct, participate in an internet-based social networking site, such as Facebook, Linkedin, Myspace or Twitter, and be ‘friends’ with various persons who appear before the judge in court, such as attorneys, social workers and/or law enforcement officials?”11 More recently, in a Dec. 3, 2010 advisory opinion, the supreme Court of ohio’s Board of Commissioners on grievances and Discipline advises judges that social media use and “friending” on social networking sites is permitted, but must be done with caution.12 others have banned the practice outright.13 at least one state has actually imposed discipline based upon “friending” between judges and lawyers.14 Many states, including indiana, have not taken a stand on this subject and have no express prohibitions. of related concern, government employees may be subject to specific legal and regulatory considerations regarding participation in social networking sites.15

already there are many and varied iterations of each of the issues discussed in this article. Variations on these themes can – and undoubtedly will – arise as new issues with social media are discovered, which is happening with great frequency. although the focus on ethical concerns in the context of social networking is fairly new, many of the underlying ethics principles are not new at all. Rather, the social networking environment is a virtual reflection of social relationships in the real world.16 The interplay between the virtual world and the real world is a window into much broader and nuanced questions that are present in day-to-day conduct and relationships regardless of the medium. we cannot talk about social

networking in isolation without considering how lawyers operate in day-to-day relationships and without considering the norms that govern those relationships in the real world. Consequently, rules, advice or guidance relating to how we behave in the real world must be applied in the virtual world context.

But, as with all things virtual, there are important distinctions between communications in the virtual world and communications in the real world. The application of ethical principles can turn on those differences. From a practical perspective, with a face-to-face communication, or even with a letter or a phone call, we can take action to correct an inaccurate statement, retrieve a letter, recall a statement or take some other immediate corrective action to cure any perceived miscommunication, misunderstanding or incorrect interpretation. in contrast, internet communications have a life of their own. The boundaries are not as clear or as well understood as the boundaries we may recognize in day-to-day real life communications. internet communications can easily be broadcast to parts unknown and to unintended audiences.

so does this mean we need special rules for when lawyers participate in social networking, or do we already have the rules that should apply in this different platform or context? Does this mean networking communications via social media should be treated any differently than any other form of media? with the exception of Florida,17 most states’ ethics rules do not specifically address an attorney’s conduct when it comes to networking via social media or other electronic means of networking. in other states, interpretations of existing rules as they apply to new

LegAL eThICS(continued from page 2)

media are beginning to emerge. The south Carolina Bar has issued an ethics advisory opinion about a free website, which is offered by a company that posts information about attorneys nationwide, featuring peer endorsements and client reviews and ratings. The opinion addresses the questions of whether attorneys may claim the Company X website listing, including peer endorsements, client ratings and Company X ratings, and whether attorneys may invite peers, clients or former clients to post comments and/or rate the lawyer on Company X’s website.18 The Kentucky Bar has proposed a regulation that is intended to regulate the conduct of attorneys in Kentucky who reach out to potential clients through social media such as Facebook and Myspace, and would prohibit solicitations through social media unless lawyers pay a $75 filing fee and permit regulation by the bar’s advertising Commission.19

Best practice standards for lawyers on the use of the media for client development and professional networking are lacking. as new rules of professional conduct and new interpretations of existing rules are slowly developing and emerging around the country on this topic, however, common sense and existing professional conduct rules will continue to govern and inform an attorney’s duties and practices when participating in online social media and networking. at a minimum, before an attorney embarks in the use of social media and networking sites, the ethics rules should be read carefully – specifically, the rules relating to maintaining confidentiality, communication, solicitation and advertising. Lawyers should be cautious in this endeavor, and they should be able to justify their activities on social networks in light of

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In this photo: YLS Immediate Past Chair Michael J. Jasaitis (left) and ISBA Immediate Past President Jeffry A. Lind (right).

YLS members recognized at State Bar’s fall meeting

In this photo: Casey C. Kannenberg (left), ISBA Immediate Past President Jeffry A. Lind (middle) and J. Richard Kiefer (right).

recognize contact a witness through her Facebook page and send a “friend” request. Philadelphia Bar opinion 2009-2 (March 2009). 8. one example of the risk of unwittingly or unknowingly communicating with an adverse party, or acquiring information from a non-client who could be or could become adverse, occurred when an attorney had a client involved in online internet dating. her client did not know the true identity of his internet friend until they met in court and he discovered that he had been engaged in the online dating process with opposing counsel. That case created an extremely messy attorney disqualification issue. 9. see, “Judicial Ethics, the internet, and social Media” (The Bencher, november/December), The american inns of Courts website, Dec. 14, 2010, http://www.innsofcourt.org/Content/Default.aspx?Id=5501. 10. Ethics Committee of the Kentucky Judiciary, Formal Judicial Ethics opinion JE 119 (Jan. 20, 2010); ohio Board of Commissioners on grievances and Discipline, opinion 2010-7 (Dec. 3, 2010). 11. Ethics Committee of Kentucky Judiciary, Formal Judicial Ethics opinion JE-119 (Jan. 20, 2010). 12. ohio Bd. of Commissioners, opinion 2010-7 (Dec. 3, 2010). 13. Florida Judicial Ethics advisory Committee, opinion number: 2009-20 (nov. 17, 2009). 14. Matter of Terry, north Carolina Judicial standards Commission inquiry no. 08-234 (april 1, 2009). 15. see, e.g., United states District Court for the southern District of indiana social Media and social networking Policy for Chambers’ staff, http://indylaw.indiana.edu/clinics/internships/SocialNetworkingPolicy.pdf. 16. obviously, anyone who uses online social networking does so in the “real world,” and those communications are indeed very real. in this context, however, because online social networking is purely web based, it can take on a different characteristic than in-person or telephone communications, hence, the illustrative distinction between “real world” and “virtual world.” 17. Rules Regulating the Florida Bar, Rule 4-7, “information about Legal services,” and Rule 4-7.6 “Computer-accessed Communications.” 18. south Carolina Bar Ethics advisory opinion 09-10. 19. see “seeking Clients via Facebook? in Ky., Bar May Regulate social Media,” aBa Journal website, nov. 18, 2010,http://tinyurl.com/2fllxg8.

At the annual Meeting’s awards Luncheon, the contributions of

two members on the yLs governing council were recognized.

Presidential CitationMichael J. Jasaitis’

exceptional contributions to the profession of law and the citizens of indiana as chair of the indiana state Bar association’s young Lawyers section were recognized at the state Bar’s annual meeting on oct. 20, where he received a presidential citation from Jeffry a. Lind, outgoing president of the isBa.

“During Mike’s tenure, the young Lawyers section has experienced unprecedented attendance and participation due in large part to Mike’s energy and leadership,” said isBa immediate Past President Jeffry a. Lind.

harrison Legal Writing Awards

Bingham Mchale partner J. Richard Kiefer and attorney Casey C. Kannenberg, also a yLs district representative, were honored with the second place prize in the harrison Legal writing awards for their article published in Res Gestae titled “Preserving the attorney-Client Privilege

in internal Corporate investigations: Part 1 & 2.”

Established in 1996 by the isBa written Publications Committee, the harrison Legal writing awards commemorate the first president of the state Bar, former U.s. President Benjamin harrison, and recognizes articles of significant subject matter, practicality and timeliness, with high quality research and legal analysis.

the ethics rules. Ultimately, perhaps the best advice is: Be responsible and think before you type (or “keyboard,” depending upon your generation).

Editor’s note: This article first appeared in the March 2011 issue of Res Gestae. 1. see indiana Rules of Professional Conduct 1.6, Comments 3 and 4, explaining that the scope of the information an attorney is prohibited from disclosing or discussing with someone other than the client is much broader than the information which would be protected from compelled disclosure by the attorney-client privilege. accordingly, any description of an attorney’s work may violate RPC 1.6, unless presented in a way that would render it almost impossible for someone to figure out the identity of the subject client. 2. see indiana Rules of Professional Conduct 7.3. 3. indiana Rules of Professional Conduct 7.1 prohibits false or misleading communication about the lawyer or the lawyer’s services. Commentary 2(3) to Rule 7.1 further clarifies that even truthful statements may be misleading and therefore a violation of Rule 7.1 if the statement “contains a claim about a lawyer, made by a third party, that the lawyer could not personally make consistent with the requirements of this rule.” 4. There may be a common misperception that statements made by a third party about a lawyer in the nature of an endorsement or a recommendation can somehow create an ethical violation. however, the Rules of Professional Conduct apply only to the behavior of lawyers, and as such, an ethics violation arises out of such a third party statement only if the lawyer uses it. in a social-media context, the critical question may be: “Under what circumstances does a lawyer adopt and use a third party statement which he or she could not make on behalf of himself or herself?” absent precedent on point that would provide a bright line answer, the existence or nonexistence of a rules violation will likely depend on “the totality of the circumstances.” 5. see indiana Rules of Professional Conduct 5.5. 6. Virtual law practice is an alternative method of practicing law (as compared to traditional bricks & mortar law firms). The model for a “virtual law firm” allows attorneys to work from home (or any location) by virtue of their internet connection. see, e.g., Michael w. hoskins, “‘Virtual’ office reflects broader changes in practice of law,” The indiana Lawyer, aug. 18, 2010 (story of an indiana attorney who started a solo virtual law practice),http://www.theindianalawyer.com/virtual-office-reflects broader-changes in-practice-of-law/PARAMS/article/24534. 7. a recent new york City Bar association opinion advised that a lawyer may not attempt to gain access to a social networking website under false pretenses, either directly or through an agent, to obtain information for litigation from an unrepresented person’s webpage. new york City Bar opinion 2010-2 (sept. 2010). The Philadelphia Bar association advisory opinion also found objectionable an attorney’s attempt to have a third person whose name a witness would not

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As the chief economist for the office of the indiana attorney

general, i am often called upon to create equitable equations for purposes of distributing funds, whether they are settlement funds, internal funds or grant funds. For a recent project, i created an equation for the John R. Justice (JRJ) grant, a program designed to offer a small amount of student loan relief for certain government attorneys. i reviewed student loan data for hundreds of attorneys, and what i found only reinforced previously held perceptions that many attorneys have difficulty placing student loan debt in perspective and implementing strategies to address it.

Prior to the JRJ grant program, i had met and worked with hundreds of young attorneys while working at the attorney general’s office and found many of them to be burdened with what amounted to an extra mortgage payment from their law school debt. analyzing data for the JRJ grant program produced some striking figures. in my sample set, the average attorney salary was $64,967.23/year, with a range from $35,000 to $144,000. Conversely, this group holds an average student loan debt of nearly $100,000, with a range from $10,879 to $328,670. The average payment per month is $395.17. averages alone reveal a degree of the concern, but some specific examples demonstrate the reality more clearly. i have seen crushing payment plans within the data set (e.g., a $2,103.39 monthly payment against a $45,000 annual salary, which translates into 47.62 percent of income going to loan payment). i’ve also reviewed applications from individuals who hold loan balances in the $25,000 -

$30,000 range while making salaries in the mid-$60,000’s. For these individuals, loan payments are anywhere from 1.5 percent to 3.75 percent of their monthly income. Many of these individuals have taken advantage of loan modifications to decrease interest rates and have been diligently paying down their principal. while this sample set is based on only government attorneys with outstanding student loans, the trends are not exclusive to the rest of recent law school graduates.

Faced with these large debt amounts, individuals may take one of two less-than-ideal routes to deal with the debt: Confront it with reckless abandon and throw money at it while ignoring all other items or become overwhelmed by the figure and sheepishly make minimum payments while avoiding looking at the overall balance. in the rest of this article, i will give a few thoughts on how to mentally frame this debt to produce a more ideal situation for a young attorney with student loan debt.

You’re not alonewe often feel that we

are the only ones tackling large debt and that somehow something must have gone horribly wrong so we choose not to talk about it for fear of being looked upon as financially irresponsible. however, according to a recent College Board study, 78 percent of undergrads leave a private college with debt. The percentage of students leaving public colleges with loan debt is not much better, although exact figures were not provided. The average law school debt is $75,000, with average undergrad debt of $35,000. so having student loan debt these days – perhaps compared to decades ago – means you’re like a lot of other college

grads and could benefit from sharing your experiences with others and comparing notes. There are many different approaches to tackling large debt, including the emotional aspect of dealing with the debt. Knowing others’ experiences and struggles are similar to yours allows you to separate the emotional aspect of the debt and focus on it as a matter of economics and household budgets.

Not all loans are the sameThe federal government

offers the most flexible payment plans and some of the lowest interest rates. For students in law school, some of the better loan options (ranked by interest rate, deferral flexibility and payment terms) include the following:

1. Perkins Loans (targeted for low-income students; funds available are specific to school; not to exceed $40,000)

2. Subsidized Stafford Loans (interest does not accumulate during school; marked by low interest rates; funds are specific to individual; not to exceed $8,500/student)

3. Unsubsidized Stafford Loans (easy to attain; interest does accumulate during school, but you are not required to make payments so long as you are enrolled at least part-time; funds are specific to individual; not to exceed $138,500)

4. grad PLUS (funds can be used to cover living expenses)

These four loan options all derive from the U.s. Department of Education. Explanation of features involving flexible payment terms, payment deferrals and ability to cover living expenses shouldn’t be viewed as this author’s endorsement of these features but may

Practical approaches for tackling law school debtBy ToM BoDin, ChiEF EConoMisT, oFFiCE oF ThE inDiana aTToRnEy gEnERaL

assist in your consideration of loan options. Loans from private banks are available, but they generally charge a high interest rate and are less flexible on payment terms.

An interest rate gameDebt is an issue of

interest rates and loan amounts to income. The overall amount does matter but when you look to your current loans you may see (subject to variances in unique situations) that credit card interest rates are higher than personal loan rates, which are higher than student loan and primary household mortgage rates. Debt is an issue of attacking the principal while being mindful that debt grows based on its interest rate. if you are looking

at a couple thousand in credit card debt at 10 percent+ in interest rates and a moderate sized student loan at about 3 to 4 percent, your priority is to get rid of the credit card debt being assessed at a high interest rate.

View the full pictureThe federal government

allows you to consolidate multiple loans into one lump sum. while the overall amount may be overwhelming, it is important to know the full extent of your liabilities. your student loan payment needs to fit into your monthly budget, and you need to balance deferral options with interest charges. The federal government gives you three methods to make payments more flexible: extended

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also available for attorneys and teachers to use in the classroom are free lesson plans to help the students connect Lincoln to the ideas of citizenship and the law created by the indiana supreme Court. The materials are aligned with the state social studies standards and provide lesson ideas, primary documents and supplemental resources.

Don’t miss this one-of-a-kind opportunity to bring Lincoln’s role in indiana history to life for students statewide! Visitwww.whylincolnwasalawyer.comfor more information, lesson plans, photos, attorney and teacher testimonials and much more.

For questions about this program, please contact Carissa Long at [email protected] or Kim Latimore at [email protected].

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eDITORSCasey C. Kannenberg

[email protected]

Anthony M. [email protected]

4 Résumé Tips You Need to Know to Get Hired�e most desirable employers post their open jobs at ISBA Career Center. Not only does ISBA Career Center give you access to these opportunities when you’re looking, but it can help these opportunities �nd you, even when you’re not. You can upload an anonymous résumé to ISBA Career Center,so when employers source for talent, they �nd and contact you. Here are important tips for the résumés you upload: 1. Be clear about what you want. State your objective in a concise manner. 2. Don’t just list your job skills. List real problems you’ve solved and the measurable results you’ve achieved. 3. Showcase your strengths by citing key achievements, appointments or awards you’ve earned. 4. And of course, no errors! Have others proofread your résumé and cover letter.

repayment plan (lower monthly rate but higher overall interest), graduate plans (lower monthly payments earlier and higher payments later) and income-based repayment plans (check out IBRinfo.org for a calculator). These are great to make the budget work, but if you pay less monthly than what accrues in interest over the same term, your debt will be larger and take longer overall to pay. student loans average 16 to 18 years to pay back, according to FinAid.org.

Mind the Ps & QsMany loans come with

incentives for various good behaviors. some loans may come with some or all of the following features: decreased charges/interest rates for electronic statements, decreased charges/interest rates for timely payments, decreased charges/interest rates for pay downs in certain periods. in a recent conversation a colleague described that in taking advantage of electronic statements and making timely payments his lender decreased his interest by a full percentage point. To put that in perspective, consider a beginning principal total of $75,000 with a 20-year term compounded monthly. if he started at 3.5 percent aPR and is now at 2.5 percent aPR, the reduction will equate to $9,010.23 in savings. The higher the balance or steeper the decrease in interest rates, the higher the savings. assuming the loan was $90,000, the savings would be $10,812.27. That’s a new Kia!

Take advantage of the opportunities

Programs like the JRJ grant are available for individuals with student loans. The JRJ grant program is specific to attorneys who work in the public sector, but it is not the only program. Keep your eyes open for opportunities to help in paying down student debt. one good program that is open to all

individuals paying student debt or planning to pay for college is the Upromise program, which offers online purchasing, dining, grocery and credit card programs. items purchased with their affiliated vendors through one of the programs provide a percentage back to an account, which is used to pay for college (past, present or future). For instance, you can utilize the Upromise Credit Card to receive 1 percent back on all purchases made. if you are disciplined about paying your monthly credit card expenditures, you can start paying down your student loan while making your normal monthly purchases. Upromise programs can be used alone or in conjunction with each other. sallie Mae offers Upromise, and information can be found at Upromise.com.

here’s a healthy exercise. sit down with a month’s worth of bills; grab your short-term and long-term interest-bearing liabilities (school debt, mortgage debt, credit debt, etc.); calculate the interest charges and minimum payments (take the greater of the two); and look at your monthly budget and identify any excess funds to put toward debt. Then take your bills and put them in order of interest rates. This may not always be the most refined plan of attack but now you do have a plan. The plan includes all your debt, and your student debt is now prioritized within your budget. Talk freely about the student loan, compare notes, pay attention to the features of your loan, and know the longer it is ignored the bigger it will become. with a solid plan in place, you can be confident that your debt reduction plan makes sense for your future and saves dollars and cents for that future. Disclaimer: Author references and descriptions of loan types are based on current information provided by various loan forums and review sites for the information of the reader, and should not be viewed as endorsements or recommendations for any specific loan originator or type.

The indiana state Bar association’s young Lawyers section is

proud to sponsor “why Lincoln was a Lawyer,” a public service program that provides attorney volunteers the opportunity to speak in K-8 classrooms statewide to celebrate Lincoln’s Feb. 12 birthday and to talk about his ideas about the importance of the law and its role in shaping american citizens on Friday, Feb. 10, 2012.

attorneys speaking in elementary classrooms will receive a copy of “grace’s Letter to Lincoln” by Peter & Connie Roop or “DK Biography: abraham Lincoln” by Tanya Lee stone to read and use during their presentations and then donate to the classroom library. attorneys speaking in middle school classrooms will receive baller band bracelets to give to each student in their classroom.

YLS sponsors “Why Lincoln Was a Lawyer” program

Young Lawyers Section Council 2011 - 2012

ISBA - YLS Calendar & Conferences

YLS Council Meeting | Indianapolis

YLS Meet & Greet Event | Indianapolis


“Talk to a Lawyer Today” Pro Bono Project

ABA YLD Midyear Meeting | New Orleans, La.

“Why Lincoln Was a Lawyer” Program


Annual Judicial Reception | Indianapolis

Law Day 2011

ABA YLD Spring Meeting | Nashville, Tenn.

YLS Council Meeting | Fishers

YLS Golf Scramble | Fishers

YLS “Make-A-Wish” Event | Indianapolis


Nov. 19, 2011

Nov. 19, 2011

Jan. 14, 2012

Jan. 16, 2012

Feb. 2-4, 2012

Feb. 10, 2012

March 3, 2012

April 11, 2012

May 1, 2012

May 3-5, 2012

May 12, 2011

May 12, 2011

June 15, 2012

June 16, 2012 FALL 2011Indiana State Bar Association Young Lawyers Section

OFFICeRS

ChairJason a. Cichowicz, south [email protected]

Chair-electReynold T. Berry, [email protected]

Secretary/Treasureranthony M. Rose, south [email protected]

Immediate Past ChairMichael J. Jasaitis, Crown [email protected]

DISTRICT RePReSeNTATIVeS

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

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

District 3Vacant

District 4alisa J. Pearson, Fort [email protected]

District 5Candace armstrong, Brook [email protected]

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 10Matthew L. Kelsey, [email protected]

District 11alex gude, [email protected]

AT LARge RePReSeNTATIVeS

Matthew J. Light, noblesville [email protected]

Tonya R. shaw, washington [email protected]

Benjamin D. Fryman, [email protected]

David Lynch, west [email protected]

andrea Ciobanu, indianapolis [email protected]

andrew J. wells, [email protected]

Lumi nodit, [email protected]

alexander J. Platte, Fort [email protected]

COUNSeL TO The ChAIR

John a. Rulli, south [email protected]

LAW SChOOL LIAISONS

Beau zoeller, [email protected]

adam R. Doerr, [email protected]

Charles E. Bush, [email protected]

INDIANAPOLIS BAR LIAISONDavid a. adams, [email protected]

PRO BONO COMMISSION LIAISONandrea Ciobanu, indianapolis [email protected]

ISBA STAFF LIAISONCarissa Long, indianapolis [email protected]

YLS Network Fall 2011

Documents

Transcript of YLS Network Fall 2011