Friday, December 01, 2006

In summation know who can help you network to locate clients, who can shape the law, and what resources are available to help you understand the law. These tools often overlap and they should be combined for optimization when possible. Joining the ABA connects you with great mean lawyers; in addition it provides you with potential job opportunities. These job opportunities will allow you influence with a very powerful lobbying committee. This in turn will allow you to influence the laws which are placed on the books. In addition to the influence it will probably allow you free access to great on-line resources such as LexisNexis and Westlaw. These interplays can prove vital for a young lawyer. The connections, which I shall not belabor, are numerous the primary points are that they are available. When the new lawyer is established and ready to practice these insights will serve them well. If you have further contributions on this topic please chime in. Thanks for reading.

Information about the Indiana Supreme Court can be obtained at their website http://www.in.gov/judiciary/supreme/. The current make-up of the court can be found here. This can prove insightful as to the justice’s ideologies.

Justice Randall T. Shepard is the Chief Justice of the Indiana Supreme Court. He has been on the court since 1985 and Chief Justice since 1987.

Additionally a review of the courts power is warranted. This is good to know because despite how well legislation is crafted there will undoubtedly be gray areas. These areas will be filled in, that is to say further developed by the judiciary. Their job is to give life to legislation. Giving life is another way of saying interpreting the broader and sometimes ambiguous meaning of legislation and applying it to everyday life, via cases that are presented to them. Cases which are appealed reach their finial resolution at the appellate level. These cases then stand as precedent which lower courts in that jurisdiction most follow. This is in effect how court effect public policy. These policy determinations have great bearing on the attorneys and clients alike.

The Indiana State legislator website is http://www.in.gov/legislative/. It provides information ranging from current session information, Legislators information, Bills and Resolutions, Law and Administrative Rules, etc. This site proves a good starting point when researching which laws are currently effecting your cliental in which ones are being introduced that may. General knowledge of how a bill becomes a law is a good review point. A couple of ways you can go about influencing legislation is to contact your representatives. They can be located by visiting Who's Your Legislator and keying in your zip code. By contacting them directly you can introduce it through your specific legislator. Furthermore, you can introduce recommendations formally or informally via letters and/or petitions.

Lobbying whether engaged in by an attorney, a firm, or special interest groups will allow attorneys influence the laws which affect them. Laws are generated in many ways including: Federal statutes; State legislators, city ordinances; and common law, which is developed by appellate courts opinions. I shall narrow the focus of this review to the state level. I shall examine the concepts of statues and judicial opinions from the Indiana State Legislator and the Indiana Supreme Court. I shall then review how the two are reconciled.

Westlaw would be another great resource for legal research. It provides excellent tools in reference to legal research. Their Shepard’s tool provides more in-depth discussion of the treatment and citation of cases. Furthermore, it outlines those cases which have received negative treatment. The primary difference is that they rank how strong the case has remained over time. Additionally, they provide links to west keys. This again allows ready access to the cases themselves. One major difference is that the schools that I have attended provide access to LexisNexis, but not to Westlaw. This may be due to agreement, licensing cost, or a myriad of other factors. The result is that you become more familiar with LexisNexis and, therefore, tend to prefer the one over the other.

Thursday, November 30, 2006

Specifically focusing on one such system LexisNexis, which by the way is provided free of charge to IPFW students while they are students, proves to have tremendous benefits to lawyers. This on-line resource not only provides information about:

  • Law in the new
  • Cases through varies searches such as
    • Federal
    • State
    • Area of law by topic
    • Case citation
  • Law Reviews
  • Federal Codes
  • State Codes
  • International Law material
  • Shepard's® for U.S. Supreme Court
  • Patent Research
  • Career Information
  • As well as Congressional Record information.

As discussed in the previous post these searches engines may prove somewhat costly for non-students who pay for full access, i.e., lawyer the systems is, however, well worth the cost. Additionally the new age of lawyers being trained, though still receiving through instruction on book work, are being brought up on this new technology.

Another resource available to attorneys is on-line legal tools. Technology in the law firm has changed the way research is engaged in. Lawyers are shifting away from the hard copy editions to on-line tools such as LexisNexis, Westlaw, FindLaw, etc. These on-line tools provide information for a price. Though the subscription fee can be pricey the benefits prove well worth it. Westlaw and LexisNexis permit the user to shepardize a case. Sheperdizing is when you use a seminal case on a given topic and then you track it to see how the courts have used it. The point being you are able to she if the case has received positive treatment, how it has been sited, if it has been modified, and most importantly has the case been overturned. Utilizing the on-line tools not only permits you to find this information quicker and thereby save your clients money, it also provides you ready access to cases which have used your seminal case. You therefore not only have an overview of the courts treatment you also have quick and easy access to what they have specifically asserted.

Information for the officers of the Indiana State Bar can be located here. Also information about particular committees is found here. Both the Indiana State Bar and the American Bar Association provide excellent opportunities for job advancement. An attorney is able to be on both the Indiana State Bar and the American Bar Association. The American Bar Association, however, appears to be better situated to grant you greater resources. Additionally, there committees, in my opinion, hold greater prestige nationally. The listing of committees range from Membership, Nominating, and Committee on the Traffic Court Program to name just a few.

Turning now towards the State level the Indiana State Bar Association is another great resource for networking and job opportunities. This group specifically their website is full of useful information. Such as why be a member, Services & Discounts, Judicial Opinions Archive Search, and much more. This site and membership in the Indiana State Bar will prove valuable assets to have with a practice in Indiana.

Another great group connected with the ABA is the American Bar Foundation. This group was established in 1952. They are dedicated to providing research about insightful analyses of the theory and functioning of law, legal institutions, and the legal profession.

Sheila S. Hollis is the Chair, Council of the ABA Fund for Justice and Education.

One such charity is the ‘The Fund for Justice and Education.’ This group’s interest is based on to improving the justice system and protecting communities from poverty, violence and discrimination. This is just one of many charitable groups that the ABA contributes to. Some projects of The Fund for Justice and Education are: advocating children & family rights, promoting equal access to justice, improving the judicial system, building social awareness, advancing international justice, and to strengthen the legal profession.

Each issue is discussed in greater detail respectively. Advocating children and family rights are discussed here:

Promoting equal access to justice is discussed here:

Improving the judicial system is discussed here:

Building social awareness is discussed here:

Advancing international justice is discussed here:

And efforts to strengthen the legal profession are discussed here:

In addition, to the great works these efforts provide they also serve multiple other purposes such as networking, name recognition, and job creation by promoting initiatives which require staff. Furthermore, working these organizations not only permits one to feel fulfilled in their career, but also in life.

The American Bar Association (ABA) founded around 1878 is the largest voluntary professional association in the world. The ABA provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public. There mission statement reads

“The Mission of the American Bar Association is to be the national representative of the legal profession, serving the public and the profession by promoting justice, professional excellence and respect for the law.”

They also provide market research and donate to charities.

Tuesday, November 28, 2006

The United States Supreme Court structure consists of nine justices. One of the nine justices is the chief justice. That position is currently filled by John Roberts. A brief overview of the court in addition to biographies of the justices can be obtained at Supreme Court of the United States. This court can hear reviews of contract issues if a constitutional challenge about the right to contract were to occur and be appealed to them. As such cases are fairly rare little attention is focused on the Supreme Court. This court is, however, mentioned because it is the highest court in the land in sets policy for lower courts to comply with.

U.S. Courts provides a great overview and discussion of the interrelationship of the federal and state courts.

Furthermore, as promised, I shall now focus on the structure of the Indiana Court system. A great source for information about the Indiana court system can be located at www.in.gov, specifically the page on Introduction: Establishment and Structure of Indiana Courts. This site provides an interactive organizational chart which outlines the jurisdiction of the courts. The definition of jurisdiction is

“the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases. It is vital to determine before a lawsuit is filed which court has jurisdiction. State courts have jurisdiction over matters within that state, and different levels of courts have jurisdiction over lawsuits involving different amounts of money. For example, Superior Courts (called District or County Courts in several states) generally have sole control of lawsuits for larger sums of money, domestic relations (divorces), probate of estates of deceased persons, guardianships, conservatorships and trials of felonies. In some states (like New York) probate and certain other matters are within the jurisdiction of so-called Surrogate Courts. Municipal courts (or other local courts) have jurisdiction over cases involving lesser amounts of money, misdemeanors (crimes not punishable by state prison), traffic matters and preliminary hearings on felony charges to determine if there is sufficient evidence to warrant a trial by the Superior Court. Some states have police courts to handle misdemeanors. Jurisdiction in the courts of a particular state may be determined by the location of real property in a state (in rem jurisdiction), or whether the parties are located within the state (in personam jurisdiction). Thus, a probate of Marsha Blackwood's estate would be in Idaho where she lived and died, but jurisdiction over her title to real estate in Utah will be under the jurisdiction of the Utah courts. Federal courts have jurisdiction over lawsuits between citizens of different states, cases based on federal statutes such as fair labor standards and antitrust violations, charges of federal crimes, appeals from bankruptcy proceedings, maritime cases or legal actions involving federal constitutional questions. Sometimes regulatory agencies have the initial jurisdiction before any legal action may be filed in court. More than one court may have concurrent jurisdiction, such as both state and federal courts, and the lawyer filing the lawsuit may have to make a tactical decision as to which jurisdiction is more favorable or useful to his/her cause, including time to get to trial, the potential pool of jurors or other considerations. Appellate jurisdiction is given by statute to appeals courts to hear appeals about the judgment of the lower court that tried a case, and to order reversal or other correction if error is found. State appeals are under the jurisdiction of the state appellate courts, while appeals from federal district courts are within the jurisdiction of the courts of appeal and eventually the Supreme Court. Jurisdiction is not to be confused with "venue," which means the best place to try a case. Thus, any state court may have jurisdiction over a matter, but the "venue" is in a particular county” as discussed on law.com dictionary.

The County Circuit Courts have original jurisdiction over contact disputes as is discussed in the text box Jurisdiction of Indiana Trial Courts. A list of judges can be located at IndianaCourts.

Wednesday, September 27, 2006

Shifting focus, I now turn to an under-emphasized yet imperative consideration, judicial philosophy. This aspect’s importance is evidenced in the fact that court’s decisions can change with the composition of that court. Maintaining my emphasis on contract law I shall focus primarily on the Indiana State Court System. I shall, however, incorporate limited discussion and review of the United States Supreme Court. In my future post I shall discuss:
  • General overview of the court systems
  • Specifics of the Indiana State Court System
  • Philosophy of Indiana judges
  • Discussion of each Indiana Supreme Court Justice and their philosophy
  • Present day philosophy of the Indiana Supreme Court in reference to contract law
  • Discussion of each United States Supreme Court Justice and their philosophy
  • Present day philosophy of the United States Supreme Court in reference to contract law

Tuesday, September 26, 2006

Maintaining my focus on my previous post discussion of The Association of Fundraising Professionals (AFP), I focus now on certain techniques that can be employed while networking. The first step is to attend the events where networking will occur. Finding a calendar of events can satisfy that requirement. The AFP calendar provides numerous events to choose from. One such upcoming event is the National Philanthropy Day, which lends itself well to networking. A next natural step would be to acquaint yourself with the membership of the organization, this to can be done by browsing the company’s website. For AFP they have a succinct listing on their member directory, which you have to login to access. Other tips for networking can be viewed at
· http://www.marketingforsuccessstore.com/networking.html
· http://www.indybar.org/lawrefer.cfm

Monday, September 25, 2006

As I mentioned in my previous post, selecting your firm’s clientele is essential. If such efforts were directed towards not-for-profit organizations then the Association of Fundraising Professionals (AFP) may be of interest. I am a member and treasurer of the Indiana – Purdue Fort Wayne Collegiate Chapter of AFP. As cited from AFP’s about us page AFP has “27,000 members throughout the United States, Canada, Mexico, and China working to advance philanthropy through advocacy, research, education, and certification programs.” This organization could prove valuable as a networking/clientele booster. Marketing your skills solely to the organization’s members would provide a substantial list of potential clients. In addition, you will be able to network through the members to their corporations and their personal/professional acquaintances. Other sites of interest pertaining to lawyers networking for clientele include: 1) http://www.netaff.com/legal/networking.htm 2) http://www.rrrlawpractice.com/cayne2.htm

After your firm is incorporated and you are an official business the next step is developing a clientele. This step is vital to a successful law firm. Understanding who your firm will service will allow for specific marketing and reduced cost. Will your firm service: the indigent or high-end clientele, corporations or the general public, plaintiffs or defendants, etc? This does not exclude overlapping clientele; rather it promotes the superiority of a general idea as opposed to attempting to cater to everyone. Bearing this in mind, the question then becomes where does one begin? Organizations are a great start, because they have large groups of individuals with similar interest. In addition, members of these organizations can network on your behalf. Again, narrowing my focus to just contract law I will focus on specific organizations for illustrative purposes. The larger, less controversial, organizations will best serve this need. My next few posts shall focus on specific organizations and their potential as clientele boosters.

Tuesday, September 12, 2006

No information herein should be construed as legal advice. This blog is established as a research project conducted by a non-lawyer for course credit. I shall first narrow the scope of this blog to consider the necessary steps I would take in beginning a law firm. After developing a mission and vision statement I would research which company structure would best suit my company’s needs. Writing assistance for a vision and mission statement can be found from several online sources including The Grantsmanship Center and/or YourBusinessPal.com, to name a few. After completion of the mission and vision statement I would be better positioned to decide what form my law firm would take. Options, which are outlined in greater detail at INbiz, include:
Sole Proprietorship
General Partnership
Corporation
S-Corporation
Limited Liability Company
Limited, Partnership
Limited Liability Partnership Though helpful these limited definitions require a supplementation, which can be found online at nolo, CompaniesIncorporated, or by visiting Dictionary.com. Once the structure is decided upon the next step would be filing with the state of incorporation (state your practice will be located within). For the sake of conciseness I shall examine only Indiana based law firms conducting in-state business.