YLS Summer 2011

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SUMMER 2011 Indiana State Bar Association Young Lawyers Section Chair’s Message: YLS offers continuing education, fellowship & exchange of ideas BY MICHAEL J. JASAITIS T he ISBA Young Lawyers Section (YLS) sponsored three significant events during the past several months. In hopes that your interest might be sparked by reading about these unique and invaluable networking opportunities, I want to provide a recap in my chair’s message for this issue. I encourage you to contact me or your YLS district representative (p. 6) to find out how you can get involved in future events. Dinner with the JusticesThe YLS hosted its inaugural “Dinner with the Justices” event on May 20 at Mo’s Steakhouse in downtown Indianapolis. We were fortunate to have Chief Justice Randall T. Shepard and Justice Steven H. David from the Indiana Supreme Court as our honored guests. This dinner offered young lawyers the opportunity to see firsthand the willingness of the judiciary to reach out to them and enjoy an intimate evening of candid conversation with members of our highest court. Not only did the justices rub elbows with those young lawyers in attendance both before and after dinner, but they also answered some of the “top 10” questions submitted by attendees prior to the event about their first job out of law school, what they would have done differently as a young lawyer and much more. In all, the feedback has been very positive, and it appears that everyone who attended the event had a memorable time, which included ISBA President Jeffry A. Lind, YLS Council members and their guests and law students. I want to take this opportunity to publicly thank Chief Justice Shepard and Justice David for taking the time to entertain and educate our young lawyers and law students. The fall event is on Friday, Sept. 16, and will be called “Dinner with the Judiciary” to include both Supreme Court justices and Indiana Court of Appeals judges. Please stay tuned on the YLS e-discussion list for more details and an open invitation to the first 20 that respond to attend! Visit http://tinyurl.com/ ylsjusticesdinner to view photos on our Facebook page from the event. ISBA Golf Scramble honoring past YLS chairs The Golf Scramble took place on Saturday, May 21, at the Ironwood Golf Club in Fishers. This spring golf outing was resurrected this year as one of our top initiatives for the 2010-2011 term. This year’s theme was to honor past chairs of the Section. The participation by past YLS chairs far exceeded my expectations with 20 in attendance. Special guests included Hon. Steven H. David, Indiana Supreme Court; Hon. John G. Baker, Indiana Court of Appeals; ISBA President Jeffry A. Lind; and several past ISBA presidents. At the dinner immediately following the Golf Scramble, the past YLS chairs were recognized and given an award for their service to the Section and the profession. The camaraderie that has become a fixture at this event was a result of a very dedicated committee of YLS Council members and sets the framework for this event to be a longstanding, annual tradition for the State Bar. If you did not have the opportunity to attend this year, I would encourage you to participate next spring. Visit http://tinyurl.com/ ylsgolf11 to view photos from the Golf Scramble. Also, visit (continued on page 2) YLS Chair Michael J. Jasaitis honored former chairs of the YLS for their service at the ISBA Golf Scramble, Saturday, May 21, at the Ironwood Golf Club. From left to right: Jeff R. Hawkins, Jeff Smith, Derrick H. Wilson, Thomas P. Yoder (past ISBA president), R. William Jonas Jr. (past ISBA president), Christopher C. Hagenow, ISBA President Jeffry A. Lind, Gregory A. Sobkowski, Tom McGlasson, Hon. Marci J. Ferree, Joseph D. O’Connor III (past ISBA president) and Brian K. Carroll. In front: YLS Chair Michael J. Jasaitis. State Bar’s Young Lawyers Section wins two national awards T he State Bar’s Young Lawyers Section’s (YLS) significant contributions to the public and the legal profession were recognized at the American Bar Association Young Lawyers Division annual conference in Toronto, Canada, where the YLS received two national awards on Saturday, Aug. 6. “Bringing home not just one but two national awards of this caliber is a true testament to the desire of these young lawyers to leave a lasting impression on the legal profession and is a wonderful recognition of the work this bar association does to serve its members and the public,” said Indiana State Bar Association President Jeffry A. Lind, of Terre Haute. “Special credit goes to Michael Jasaitis for his visionary approach on serving both the bar and the public during his tenure as chair.”  The YLS won in the “service to the public” category for its “Young Lawyers Serving Hoosier Seniors” community service projects in Indianapolis and Valparaiso. The award recognized specific efforts to team up with law students while providing a multitude of services such as painting, washing wheelchairs and cleaning windows for senior citizens. The YLS also won in the “comprehensive” category for its broad range and number of programs and services offered to both its members and the public. Among the services recognized were the aforementioned service projects, Golf Scramble honoring past YLS chairs, annual Judicial Reception, “Santa’s Been Sued” Christmas program, “Dinner with the Justices” dinner event and the newsletter publication, YLS Network. “It takes a lot of hard work, not only to put together events of such scope, but to combine the efforts of like-minded lawyers to serve beyond just our clients,” said YLS Chair Michael J. Jasaitis. “These awards are in large part due to the unprecedented participation and activism of those on the YLS governing council and serve as a terrific example of lawyers going above and beyond in the practice of law.”

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YLS Summer 2011

Transcript of YLS Summer 2011

SUMMER 2011Indiana State Bar Association Young Lawyers Section

Chair’s Message: YLS offers continuing education, fellowship & exchange of ideasBy Michael J. Jasaitis

The isBa young lawyers section (yls) sponsored three significant events

during the past several months. in hopes that your interest might be sparked by reading about these unique and invaluable networking opportunities, i want to provide a recap in my chair’s message for this issue. i encourage you to contact me or your yls district representative (p. 6) to find out how you can get involved in future events.

“Dinner with the Justices”the yls hosted its

inaugural “Dinner with the Justices” event on May 20 at Mo’s steakhouse in downtown indianapolis. We were fortunate to have chief Justice Randall t. shepard

and Justice steven h. David from the indiana supreme court as our honored guests. this dinner offered young lawyers the opportunity to see firsthand the willingness of the judiciary to reach out to them and enjoy an intimate evening of candid conversation with members of our highest court. Not only did the justices rub elbows with those young lawyers in attendance both before and after dinner, but they also answered some of the “top 10” questions submitted by attendees prior to the event about their first job out of law school, what they would have done differently as a young lawyer and much more.

in all, the feedback has been very positive, and it appears that everyone who attended the event had a memorable time, which included isBa President Jeffry a. lind, yls council members and their guests and law students. i want to take this opportunity to publicly thank chief Justice shepard and Justice David for taking the time to entertain and educate our young lawyers and law students.

the fall event is on Friday, sept. 16, and will be called “Dinner with the Judiciary” to include both supreme court justices and indiana court of appeals judges. Please stay tuned on the yls e-discussion list for more details and an open invitation to the first 20

that respond to attend! Visit http://tinyurl.com/ylsjusticesdinner to view photos on our Facebook page from the event.

ISBA Golf Scramble honoring past YLS chairs

the Golf scramble took place on saturday, May 21, at the ironwood Golf club in Fishers. this spring golf outing was resurrected this year as one of our top initiatives for the 2010-2011 term. this year’s theme was to honor past chairs of the section. the participation by past yls chairs far exceeded my expectations with 20 in attendance. special guests included hon. steven h. David, indiana supreme court; hon. John G. Baker, indiana court of appeals;

isBa President Jeffry a. lind; and several past isBa presidents.

at the dinner immediately following the Golf scramble, the past yls chairs were recognized and given an award for their service to the section and the profession. the camaraderie that has become a fixture at this event was a result of a very dedicated committee of yls council members and sets the framework for this event to be a longstanding, annual tradition for the state Bar. if you did not have the opportunity to attend this year, i would encourage you to participate next spring. Visit http://tinyurl.com/ylsgolf11 to view photos from the Golf scramble. also, visit

(continued on page 2)

YLS Chair Michael J. Jasaitis honored former chairs of the YLS for their service at the ISBA Golf Scramble, Saturday, May 21, at the Ironwood Golf Club. From left to right: Jeff R. Hawkins, Jeff Smith, Derrick H. Wilson, Thomas P. Yoder (past ISBA president), R. William Jonas Jr. (past ISBA president), Christopher C. Hagenow, ISBA President Jeffry A. Lind, Gregory A. Sobkowski, Tom McGlasson, Hon. Marci J. Ferree, Joseph D. O’Connor III (past ISBA president) and Brian K. Carroll. In front: YLS Chair Michael J. Jasaitis.

State Bar’s Young Lawyers Section wins two national awards

The state Bar’s young lawyers section’s (yls) significant contributions

to the public and the legal profession were recognized at the american Bar association young lawyers Division annual conference in toronto, canada, where the yls received two national awards on saturday, aug. 6.

“Bringing home not just one but two national awards of this caliber is a true testament to the desire of these young lawyers to leave a lasting impression on the legal profession and is a wonderful recognition of the work this bar association does to serve its members and the public,” said indiana state Bar association President Jeffry a. lind, of terre haute. “special credit goes to Michael Jasaitis

for his visionary approach on serving both the bar and the public during his tenure as chair.”  

the yls won in the “service to the public” category for its “young lawyers serving hoosier seniors” community service projects in indianapolis and Valparaiso. the award recognized specific efforts to team up with law students while providing a multitude of services such as painting, washing wheelchairs and cleaning windows for senior citizens.

the yls also won in the “comprehensive” category for its broad range and number of programs and services offered to both its members and the public. among the

services recognized were the aforementioned service projects, Golf scramble honoring past yls chairs, annual Judicial Reception, “santa’s Been sued” christmas program, “Dinner with the Justices” dinner event and the newsletter publication, YLS Network.

“it takes a lot of hard work, not only to put together events of such scope, but to combine the efforts of like-minded lawyers to serve beyond just our clients,” said yls chair Michael J. Jasaitis. “these awards are in large part due to the unprecedented participation and activism of those on the yls governing council and serve as a terrific example of lawyers going above and beyond in the practice of law.”

ChAIr’S MeSSAGe(continued from page 1)

meet fellow young lawyers, this is your chance!

second, i echo the sentiments of isBa President Jeffry a. lind and encourage you and your local bar association to collaborate with the indiana state Bar and its young lawyers section. if you’re not involved with your local bar, join the young lawyers section. if one doesn’t exist, look to create one. if you have a great project or idea, share it with us. the isBa has a great resource in catheryne Pully who serves as the state Bar’s local and specialty bar liaison. if you’re looking for assistance or ideas, please contact catheryne at [email protected].

schedule – the first being the James c. Kimbrough Bar association “Bar Fight” Bowl-a-thon sponsored by the yls on thursday, Oct. 20. you will have the chance to show off your bowling talents and compete for prizes. sign up via the annual Meeting registration form found at annualmeeting.inbar.org. the second special event is the isBa’s Got talent show, also on Oct. 20. Don’t miss this opportunity to showcase your talents to isBa members. all types of acts are encouraged (to include vocal, instrumental, comedy, magic and more). even though performances will be judged, it’s all in good fun! if you’re looking for a great opportunity to network and

discussion of projects. the meeting was well attended by our council members who also had the opportunity to network while dining at Gino’s east of chicago, watching the cubs play at Wrigley Field and riding on a sunset lake tour. a big thanks to the cBa young lawyers for their hospitality and participation throughout the weekend. i hope this is only the start of a significant relationship with the cBa in the coming years.

Sidenotethere are two things i

encourage you to think about. First, the state Bar returns to French lick for its 115th annual Meeting Oct. 19-21. there are two special social events added to this year’s

http://tinyurl.com/ylsdinner to view photos from the dinner honoring past yls chairs.

Chicago Joint Meeting the yls held its summer

business meeting in the Windy city in conjunction with the chicago Bar association (cBa) young lawyers section on July 23. after wrapping up official section business, we held a joint meeting with the chicago Bar’s yls where chair Justin l. heather, First Vice chair Natacha D. von Will and yls Director Jenny Bertolino participated in a lively exchange of ideas and

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Black-ford Jay

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ISBA DISTrICT MAP

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].

This is the second in a series of articles concerning ethics.

In the winter issue we discussed ethics resources. in this issue, we wanted to

discuss your duties to report under your insurance policy.

Our perspective is based on our representation of lawyers in malpractice suits and service as outside general counsel to other firms. Our perspective is also informed by our insurance coverage work, including insurance coverage disputes concerning attorney policies.

Most attorney liability policies are “claims made, claims reported policies.” Generally speaking, this means a claim must be made by a claimant against the attorney and the attorney must report that claim to the insurance company within the same insurance policy period.

What is a claim?this can be tricky. a

claim is usually defined by the policy terms. in addition, the policy may have a notice requirement for “potential claims.” you must read your

policy to know your policy definitions and requirements.

When in doubt whether something is a claim or potential claim, we usually advise the insured to report it to the carrier or agent and let the carrier resolve the issue.

Duty to report Just because you have

had the same insurance company for years, that does not mean the insurer is indifferent to the reporting of claims. the insurer bases its underwriting and premiums on your application.

the duty to report a claim is often enforced harshly against an insured. sometimes viewed as a “notice provision,” indiana courts have dismissed claims against insureds who failed to timely notify their insurer of a claim. see Miller v. Dilts (holding that unreasonable delays in providing notice raised a presumption of prejudice to the insurer’s ability to investigate the claim which negated coverage).

Not only must you provide timely notice, but the notice must be “true,”

which means you must “tender the defense” of the case to the insurer. in Paint Shuttle v. Continental Cas. Co., the indiana court of appeals found that a law firm had no coverage for a legal malpractice suit. the Paint Shuttle court found that the firm’s reporting of a claim was not “true,” where the firm did not tender the defense to the carrier. the firm filed a motion to dismiss a malpractice case believing it to be meritless. By the time the court denied the firm’s motion to dismiss – two years later – the policy had expired. Because no claim was “reported” during the policy term, the court found there was no coverage.

Other Defensesinsurance companies can

also rescind policies based on the prior existing knowledge of the applicant who fails to disclose material information on a policy application.

in McMillen v. Travelers/Navigators, 2010 Wl 3896418 (W.D. Pa. 2010), a federal district court ruled that a “claim” was not filed prior to the expiration of the prior policy, yet there

Professional liability insurance coverageBy alice M. MORical & PatRicK J. OlMsteaD JR.

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about what your client’s basement looked like after

and you wish to admit a picture of the basement taken one hour after the storm by your client’s spouse. It is time to do the exhibit dance M.S.G. Lou, which stands for Mark, Show, Go, Lay the Foundation,

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MARKBefore you begin your

exhibit dance, you must be certain that the exhibit is marked by the court reporter. She will place a tag on the exhibits, most likely designating them with numbers if they are

if they are defense exhibits. Generally this is done before trial; however, if you have forgotten to mark one or two exhibits, begin by asking the reporter to mark them. This is an important step, not only for the appellate record, but also so that you are not scolded by the trial court or the court reporter in the middle of your dance for referencing an unmarked

SHOWNext you should show the

exhibit to opposing counsel. If you would like, there is nothing wrong with saying, “I am now showing Mr. Jones (opposing counsel) what has been marked as Exhibit 1” so that the jury and the judge know what you are doing. Should you forget to show the exhibit to your opponent and instead approach the witness, invariably you will hear a whiny voice behind you imploring the judge to let her know what you are showing the witness. Of course, you know that the opposing counsel has seen this exhibit during discovery, but the jury does not. Failure to show the exhibit to the opponent does not result in a fall but certainly

during your dance.

Enter a courtroom where counsel is conducting the direct

examination of his key witness. The examination is going swimmingly; trial counsel and the witness are

and interesting conversation about the details of the case while the jury and judge listen intently. And then . . . the attorney reaches down to counsel table, grasps her

around an exhibit and her

succumb to hesitancy and nervousness.

This scene occurs over and over in courtrooms throughout Indiana. The advocate’s apprehension causes opposing counsel to pounce at the slightest hint of her opponent’s fear while the judge, herself anxious about her split-second judgment on the admissibility of evidence, begins to question whether the advocate really knows what she is doing. Further, the advocate is concentrating so much on the technical details of admitting an exhibit that she forgets that her purpose is to use the exhibit to persuade.

All can be avoided by learning the exhibit dance. Learning the dance is similar to learning the fox trot, waltz, or cha-cha at Arthur Murray’s dance studio, although courts will frown on painting footsteps on the carpets of state and federal courtrooms. But the principle is the same; when performing the exhibit dance, the audience (jury and judge) will remember not the ease with which you

the one fall or stutter step you have. The trick is, just as in dancing, to follow the steps meticulously, at least until you have achieved Ginger or Fred

Let us envision that you are having a delightful courtroom conversation

The Exhibit Dance: M.S.G. LouHON. NANCY HARRIS VAIDIK1

GOAfter showing the exhibit

to opposing counsel, ask the judge for permission to approach the witness. Many judges do not require you to ask permission, but you should do so unless otherwise instructed by the court. It is a matter of courtesy, and as a former trial court judge, it makes us feel good to think that even for that brief second we are in charge of the courtroom. And you are about to ask the judge to rule in your favor so, why not make her feel good.

Many good trial attorneys, as they approach the witness during a jury trial, ask the judge if she would like a courtesy copy of the exhibit. If she does, make certain that you have one to give to her. The exhibit should then be shown to the witness with counsel saying, “I hand you what has been marked as Exhibit 1.” Again this is for

court. As an appellate court judge, I cannot tell you how many times we are searching in the record to discern what was being shown to a witness. Also, if you forget this step, the court will remind you in front of all those present, including the jury, that you have overlooked this step.

Afterwards ask the witness, “What is this?” Now many great attorneys ask the witness, “Do you recognize this?” and then ask, “What is it?” Although this is proper, my theory is that at best the witness answers that he recognizes the exhibit, which makes the question redundant, and at worst invites the witness to say that he does not recognize the exhibit, which causes not just

face.

LAY FOUNDATIONS

time for laying the foundation is upon you. There are

numerous articles, books, and treatises on laying the foundations for exhibits. This article is not one of them.

You do not need to be an evidence guru to lay most foundations. Frequently laying foundations requires using your common sense to show the exhibit is what you say it is and that the witness has knowledge of it. In 80% of the cases, the cheaters’ version of laying exhibits will work. The cheaters’ version

by “How do you know?” In my example of the basement photo, the witness will say I know that is my basement after the rain because I saw it. Of course, you are always free to do the long version foundation question of, “Does this look like your basement after the rain?” Or “Is this a fair and accurate depiction of your basement after the rain?”3

OFFERThe exhibit is then

“Ias Exhibit 1. ” There is no need to give a long-winded recitation at this time, so please avoid “Your Honor, if it pleases the court, I wish

evidence what has been previously marked as Exhibit 1 into evidence as Exhibit 1.” By doing so, you are wasting your vocal cords, boring the jury, and turning easy dance steps into a whirling dervish’s dance while diverting attention from the persuasive value of the exhibit. Both the jury and the judge hear “blah, blah, blah.” Keep it short and

Less is more.

Aany objections. Listen to the objection so that you may properly respond to it, even though you should have already anticipated the objection. Then calmly and

your prepared response.

DO NOT give your response to the opposing counsel; instead, talk to the judge. After all she will be making the ruling.

Then wait. Listen carefully as the judge rules. If the court rules against you, then you will be able to glean clues from the court’s ruling as to how to correct your error.

USEThis is by far the most

important step of the exhibit dance. You are admitting exhibits into evidence to help the trier of fact understand the evidence and to make the testimony credible and memorable.

Communications experts say that we learn more, remember more, and are impacted more when many senses are involved in our learning. The worst way for most learners to learn is by using the sense of hearing which is, of course, the primary sense used in court testimony. Newscasters know this. Hence, our news broadcasts no longer are anchors merely reading the news, but now include pictures, outlines, graphs, and videos.

Attorneys must be more like newscasters—using exhibits contemporaneously with the testimony. I cannot stress this enough. The jurors and the judge must see the exhibits contemporaneously in order for them to have persuasive value. And you can only make certain that they see them if you supervise the showing. It is a big mistake for attorneys to hope that the jurors will pick up the exhibits and look at them during deliberations. To wait is too late. If the exhibits are not used during the witness’s testimony, the opportunity is lost for you to highlight what is important from your standpoint about this exhibit. Seize the moment.

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Do not ask the court to pass the exhibits to the jury immediately after their admission. this may work if the judge allows it, but judges seldom allow precious court time to be wasted in such a way. think about it. every exhibit must be looked at carefully and individually by each juror. that takes time, too much time for a court that is running a tight schedule. chances are that your judge will say that the jury may look at the exhibits at the next recess.

instead, have the witness point out on the easel in front of the jury where on the photo is the watermark showing that the basement was two feet deep in water after the storm. have the witness describe the car accident with the use of a diagram so the jury and the judge fully understand his version of the events. have the jury listen to threats the defendant left your client on voicemail and ask your client

The exhIBIT DAnCe(continued from page 3)

what she did in response to these threats. let the witness show the jury how the defendant used the baseball bat to strike him.

Many young attorneys fear using exhibits because they fear the dreaded objection that the exhibit speaks for itself. this is not a legitimate objection. Besides, the purpose of trial is to help the jurors and judge understand the case and using the exhibits does just that. Now i am not suggesting that you have the witness read the exhibits to the jurors. But, you should have a blow-up of a letter for the jury to see and say, “i note this letter you sent to the plaintiff says thus and so … Why did you say this?” Or “Plaintiff’s letter to you said, X,y, and Z . . . What did you do as a result of that?” By using the exhibit at the same time that you are questioning the witness, you are making the witness’s testimony credible, understandable, and memorable.

in conclusion, the M.s.G. lou dance will help you lose the fear of admitting exhibits

by replacing fear with a conditioned routine that you faithfully follow. By becoming automated while admitting exhibits, you will be able to avoid those stutter steps and instead place your focus on the real mission of exhibits--to persuade.

Hon. Nancy Harris Vaidik is a judge on the Indiana Court of Appeals. ___________________ 1. Judge Vaidik is on the indiana court of appeals. she teaches trial advocacy at indiana University Mauer school of law and for the National institute for trial advocacy. she currently is the program director for Nita’s Mid-central Regional trial program held each year in indianapolis.

2. i regret that the name of the dance is not flashier like the “Freddy,” the “hitchhiker,” or my favorite, the “Jerk,” but the name came out of a joint collaboration with a New englander, Bob stein, and one thing that Midwesterners and New englanders have in common is that they have a tough time being flashy.

3. you may ask leading questions to lay foundations for exhibits.

www.facebook.com/isbayls

Members of the YLS Council and their families took a sunset lake tour during their annual YLS Fun Meeting, Saturday, July 23, 2011, Chicago.

YLS Secretary/Treasurer Reynold T. Berry thanks Chief Justice Randall T. Shepardand Justice Steven David at the fall “Dinner with the Justices” event, Friday, May 20, 2011, in Indianapolis. From left to right: Reynold T. Berry, Chief Justice Shepard and Justice David.

Members of the YLS Council enjoyed the Chicago Cubs game at Wrigley Field after conducting their summer business meeting in conjunction with the Chicago Bar Association, Saturday, July 23, 2011, Chicago.

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eDITOrSAnthony M. [email protected]

Alaina S. [email protected]

YLS offers two scholarshipsto ISBA Annual Meeting

to apply, please email your resume and cover letter to carissa long at [email protected] or fax to 317.266.2588, no later than Friday, Sept. 9. your cover letter should include the following information:

1. years of experience as a practicing attorney;

2. why you would like to attend the conference;

3. what you hope to gain from the conference; and

4. why you should be a recipient of the scholarship.

the yls is sponsoring “Witty Ways to avoid G. Michael Witte,” a cle program at the annual Meeting on thursday, Oct. 20, at 4:30 p.m. Don’t miss this opportunity to find out tips on how to avoid the hot seat when it comes to the Rules of Professional conduct from the Disciplinary commission executive secretary.

For more information about this conference, please visit annualmeeting.inbar.org.

The state Bar returns to French lick for its 115th annual Meeting

Oct. 19-21. this year’s theme is “connections: coming together,” a nod to the camaraderie and networking opportunities that have become the fixture at this event. the young lawyers section is offering two scholarships to this year’s fall meeting. energize your practice and learn new tools to deal with the most pressing legal, technological and ethical issues facing young lawyers today.

the scholarships will cover the full conference registration fee ($140), awards luncheon ($25), assembly luncheon ($25), President’s Reception & talent show ($15) and one night at the French lick Resort ($140). in sum, this scholarship is a $345.00 value! to qualify as a scholarship recipient, you must be a yls member and have less than five years of experience as a practicing attorney.

PrOFeSSIOnAL LIABILITY(continued from page 2)was no coverage for the claim under the successor policy, because of the “prior knowledge exclusion” and the insured’s failure to disclose the potential claim on its insurance application.

Brokers should educate firms that former attorneys may be additional insureds for the policy. thus, the firm may have a duty to make inquiries of former attorneys regarding claims and potential claims. We have defended several malpractice claims involving former partners who were sued along with the firm.

if the firm has a claim denied, the firm and its partners may be exposed

to personal liability for that judgment. therefore, it is important that you protect your insurance coverage.

if you have questions regarding your insurance coverage, a claim, or notice/reporting obligation, we recommend that you hire outside counsel to advise you. this may help you properly craft your notice and/or claim report to maintain your coverage.

Moreover, you should be aware that some courts have found internal communications between members of the firm regarding a claim/potential claim may be discoverable by the client. By contrast, some courts find that the retention of outside counsel for the firm may cloak the

same conversations with attorney-client privilege and/or attorney work product protection.

if you have further questions or an idea for a future article, please call or email us.

Alice M. Morical is a partner at the Indianapolis firm Hoover Hull. Alice can be reached at [email protected].

Patrick J. Olmstead Jr. is an associate at the Indianapolis firm Hoover Hull. Patrick can be reached at [email protected].

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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.

Young Lawyers Section 2010 - 2011

ISBA - YLS Calendar & Conferences

“Dinner with the Judiciary” | Indianapolis

YLS Council Meeting | Indianapolis

ABA YLD Annual Meeting | Seattle, Wash.

Fall Admission Ceremony | Indianapolis

ISBA Annual Meeting | French Lick

YLS Council Meeting | French Lick

“Witty Ways to Avoid G. Michael Witte” CLE | French Lick

Sept. 16

Sept. 17

Oct. 13-15

Oct. 14

Oct. 19-21

Oct. 20

Oct. 20 SUMMER 2011Indiana State Bar Association Young Lawyers Section

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

PRE-SORTEDSTANDARDU.S. Postage

PAIDIndianapolis, INPermit No. 1142

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 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

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]

LAW SChOOL LIAISOnS

Beau Zoeller, [email protected]

alexander J. Platte, [email protected]

harrison D. st. Germain, Notre [email protected]

charles e. Bush, [email protected]

COunSeL TO The ChAIr

J. todd spurgeon, New albany [email protected]

MArIOn COunTY BAr LIAISOn

chasity Q. thompson, indianapolis [email protected]

InDIAnAPOLIS BAr LIAISOn

David a. adams, [email protected]

PrO BOnO COMMISSIOn LIAISOn

andrea ciobanu, indianapolis [email protected]

IMMeDIATe PAST ChAIr

angela l. Freel, [email protected]

ISBA STAFF LIAISOn

carissa long, indianapolis [email protected]