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Indiana

Indiana Civil & Business Lawyer Indiana Civil & Business Lawyer

A solo lawyer writing about consumer, probate and business related legal issues with an emphasis on Indiana. Such is the general outline but mostly it allows for me to express views on practicing law and legal issues from an Indiana solo attorney's viewpoint.

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Last Entry: March 01, 2010 at 17:59:00

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Employment law; Background checks

Posted on January 26, 2008
I had not thought of till I ran across US Public Records. This site provides a good example of what the Internet contains for finding records. I have no ideas about the quality of the information provided - I am old enough to remember GIGO - so I am a bit leery...


Estate Planning: Inheriting cemetery plots

Posted on January 25, 2008
Indiana law declares how one inherits a funeral plot.Generally, the buyer owns what they purchase ("...the burial rights in a lot, plot, burial space, crypt, or niche...") with two exceptions. First, the buyer has "more than one (1) interment, entombment, or inurnment space" and has have a spouse at the time of purchase...


Business Information: Entrepeneur Website

Posted on January 24, 2008
For the more web-centric or the less Internet-phobic business owners or aspiring business owners, take a look at 4 entrerpeneur Blog. As I have to watch over my own marketing, I found the marketing sites interesting.


Good Point: The Law Is Not Always the Best Solution

Posted on January 24, 2008
From Adam Smith: Unintended or Unanticipated? While I support the laws mentioned in the post, I must agree that just passing a law is not all that is needed to solve a problem. It is the easiest action but not necessarily the best solution.


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Consumer : Following Up on "Cemetery Problems"

Posted on January 24, 2008
The Indianapolis Star reports, Temporary receiver named for Nelms properties, about the Johnson County court appointing a temporary receiver in the Nelms case.Johnson County Circuit Court Judge Mark Loyd selected attorney Lynette Gray as a temporary receiver over Memory Gardens Management Corp...


Business Information: Changing Business Information and the IRS

Posted on January 22, 2008
So you want to change the business' name. Check with the Internal Revenue Service about notice to them:Business Name ChangeBusiness owners and other authorized individuals can submit a name change for their business. The specific action required may vary depending on the type of business...


Consumer: Creditors Calling You About Spouse's Credit Card Debts?

Posted on January 21, 2008
Or calling about a former spouse's credit card debts?Unless the credit card was a joint card (both names on the credit card), you do not become liable for the other spouse's debt just because of marriage. For an example, read Woman Pursued For Deceased Ex-Husband?s Debt from The Divorce Blog...


Collections: Statute of Limitations, Again

Posted on January 20, 2008
The creditor continues trying to collect a debt that is fifteen years old. The law says the statute of limitations for a written contract is ten years and six years for an account. What gives?The statute of limitations say when a creditor must start collecting a debt, not when it must be completed...


The Sam Hasler, Attorney Web Page Updated

Posted on January 20, 2008
Please check out my firm's updated web page. In addition to this blog, I also have a more traditional web page with more background information and a description of my practice. I have begun to update the Articles page with Frequently Asked Questions (FAQ's) and more formal articles than you might find here...


Consumer news: Cemetery Problems

Posted on January 19, 2008
Cemetery ownership found themselves in the news this past week with headlines like Cemetery owners charged with fraud. What happened?Robert Nelms, 39, and Debora Johnson-Nelms, 48, face multiple counts of theft, fraudulent or deceitful acts, violations of a cemetery perpetual care fund and using a perpetual care fund for prohibited loans...


Talking About Flat Fees - Record Time

Posted on January 19, 2008
Take a look at Interesting Policies On Recording Time from In Search of Perfect Client Service. The time spent recordig time takes away from doing work for clients. I find that an inconvenient fact that makes hourly fees even less attractive. Which just adds to the arguments for flat fees I wrote about in A Lawyer for Your Business and How to Afford One.


General Businsess Information

Posted on January 19, 2008
Take a look at The Small Business Wiki.What is a wiki? Think collaboration with lots and lots of people. Wikipedia starts its description of wikis with this:A wiki is software that allows users to create, edit, and link web pages easily. Wikis are often used to create collaborative websites and to power community websites...


Getting Out of An Indiana Limited Liability Company

Posted on January 18, 2008
So you got into a LLC and now you want to get out?This could be a problem and the solution depends on a few things:Was the LLC set up before or after June 30, 1999?Is there an operating agreement?How does the member want to get out of the LLC?If the member wants to withdraw from a LLC set up before June 30, 1999 that has an operating agreement, then the operating agreement controls...


News for Businesses: Small Businesses and Energy

Posted on January 17, 2008
CNN Money spotlighted the new energy bill and small business: Energy bill promises lower-cost biz loans The Small Business Administration is charged with drafting new loan and training programs to help small businesses boost their energy efficiency - and this time, the SBA faces deadlines...


Collections Law: Indiana's Exemption Laws

Posted on January 17, 2008
Exemptions and collections? Exemptions are the things that cannot be taken by a creditor.For me, asset protection begins with the exemption laws. So if you want to know if a creditor can take your house or personal property or your stocks or your retirement, you need to go to this page...


The Civil Rights Litigation Clearinghouse

Posted on January 17, 2008
What is the Civil Rights Litigation Clearinghouse? The site covers a lot of territory. Here is how Civil Rights Litigation Clearinghouse describes itself:"The Civil Rights Litigation Clearinghouse is a collection of documents and information about civil rights cases in selected case categories across the United States...


New Trade Secrets Blog and Another Departing Employee Case

Posted on January 16, 2008
Good seeing another lawyer writing on trade secrets. The Trade Secrets Vault collects news of trade secrets ligitation.I added its RSS feed as a good addition to Trade Secrets Blog from Womble Caryle. That blog has a post, Staffing Firm Aerotek Sues Former Employees for Trade Secret Theft,referencing Sacramento staffing firm sued over competition, trade secrets from the Sacramento Business Journal on another case where a departing employee hired by a competitor resulted in litigation...


Round Up of Whistleblower Law Blogs

Posted on January 16, 2008
Following up here on my Whistleblower Law Blog and Medicare Fraud, is this collection of law blogs writing about whistleblowers. This collection does not necessarily collect all the blogs - the Internet is too big for that - but is my stab at getting as many as I can...


Franchsing - What is Franchising Good for?

Posted on January 16, 2008
For an answer to this question, read What Market Segments is Franchising a Good Model for? on Blue Maumau.


Trade Secrets for the Small Business

Posted on January 15, 2008
Thanks to the Trade Secrets Blog for pointing the way to Business Week's Heading Off Trade Secret Theft. The article is in interview form. I bring out these two questions and answers for emphasis but all of this interview needs read by small business owners:What can a small business do to try to head off the loss of important information?I think the best chance to reduce theft is by educating employees and ensuring that they understand their obligations to guard confidential information...


A Lawyer for Your Business and How to Afford One

Posted on January 14, 2008
Do you want success for your business? Then you need a lawyer. Let me explain why.Too many legal issues have the potential for swamping the business. Getting legal counsel before needing a trial lawyer can prevent many of those legal issues.Other legal matters may make the difference between a profit and a bigger profit...


Franchising: Quiznos News

Posted on January 13, 2008
Having written about Quiznos here and here, I noticed Another former Yum exec surfaces at Quiznos from the Louisville Courier Journal.David Deno, formerly chief operating officer at Louisville-based Yum, will become president at Quiznos, reporting directly to the company?s CEO...


Employment Law: New 7th Circuit FMLA and alcoholism case

Posted on January 12, 2008
The federal Seventh Circuit Court of Appeals handed Indiana employers a tricky job. Employers must distinguish between an alcoholic's absences for abusing alcohol and absences for treatment of alcoholism. I want to re-read the case - things were a bit hectic yesterday - and may do a follow up...


Consumer: Creating a Budget

Posted on January 12, 2008
Indiana's Secretary of State has a program called Ca$holution$. Here is a bit more information on it:View a copy of the 2008 Ca$holution$ poster here. We have also created a "Ca$holution$" for students, which can be viewed here.As part of this program, you can watch a video teaching the basics of creating a budget...


Estate Planning: About Paying for a Funeral

Posted on January 11, 2008
Estate planning includes funerals? Yes. Medicare exempts pre-paid funeral plans from the money the federal government can grab. If nothing else that ought to make them attractive to the public.Can I just put all that in a Will? No. The Will sees probate after the death and not before...


Employment Law: Proper Response From Employer Helps

Posted on January 11, 2008
Employers, please read Prompt Response After Harassment Complaint Gets Chili's Off Hook.Chili's Grill & Bar responded promptly and appropriately to an employee's sexual harassment complaints and therefore is not liable even though the worker established a prima facie case of harassment in her lawsuit, the 1st Circuit has ruled...


Non Compete Agreements - An Article on Indiana Noncompetition Agreements

Posted on January 11, 2008
The good folks at Ice Miller placed Non-Competes Are Not Worth the Paper They Are Written On ... And Other Myths by Adam Arceneaux and Melanie Harris on the firm website. I do not see much different from what I have written about non-compete agreements (which you can find here), but it is shorter...


You Want to Start a Limited Liability Company?

Posted on January 10, 2008
Read Limited Liability Company 101 first. A general article that will not lead you astray about Indiana's law on Limited Liability Companies. What formalities does my LLC have to follow? provides an even more condensed outline on starting an LLC.Some terms you should know for LLC's:"Operating agreement""Operating agreement" means any written or oral agreement of the members as to the affairs of a limited liability company and the conduct of its business that is binding upon all the members...


Not Your Usual Bankruptcy: Corner Care Clinics

Posted on January 10, 2008
What makes this bankruptcy different? As reported in The IBJ Daily this is an involuntary bankruptcy.It looks like the end won't come quietly for Julie Beckner and her now-defunct chain of Corner Care Clinics.In late December, three suppliers forced Beckner and her Indianapolis-based company into bankruptcy court, claiming they are owed at least $112,000...


Employment Law: Family Responsibilities Discrimination

Posted on January 10, 2008
A website for employers and employees to check out: WorkLife Law. Here is how the site describes itself:"Family Responsibilities Discrimination is employment discrimination against workers who have family responsibilities. Pregnant women, mothers and fathers of young children, and employees with aging parents or sick spouses/partners may find themselves discriminated against...


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