The “old” and “traditional” ways of communicating between attorneys and clients had changed, although they still exist: meetings, telephone calls, and mailing letters. The new technology, emails and texts have changed that. Attorneys and clients have a variety of ways to interact and communicate. This varies from practice to practice. However, this blog focuses on more fundamental issues, which is when communicating with your counsel, what is the best way to do so. Some of this may be ironed out by familiarity with each other as the case progresses. There are three key ways that anecdotal evidence suggests communication happens, each having ...
February 18, 2016Adam Hayes
Indiana’s trial court judges, commissioners, magistrates and protems are dedicated to justice. The unique aspect to their job is they must decide a dispute between two or more people or parties—many other aspects of personal and professional life involves winning to some degree. For this reason, it is sometimes difficult for a party to accept “losing.” And many people just react with the desire to challenge any and every adverse final1 ruling. However, there at least five considerations or options you have, any or all of which may factor into your decision: Cease litigation. Apply a law and economics approach. Look at the policy ...
May 19, 2015Adam Hayes
A question litigants often have when they receive an unfavorable trial court order is whether they can appeal or challenge it. Within a trial court, a Motion to Reconsider or Motion to Correct Errors may remedy the situation. However, if that is not the case depending on a number of factual and legal variables, you may want to consider an appeal. Appeals may be taken to the Indiana Court of Appeals or Indiana Supreme Court.1 This blog explores the three major types of appeals. The first two are taken to the Indiana Court of Appeals. This is Indiana's intermediate (middle) court ...
March 31, 2015Adam Hayes
Child custody is often one of the lengthiest processes in family law, and continues on, often for several years until the child is emancipated. Custody is often ongoing and fluid. Maybe the work schedule of the parents has changed or a parent is required to move for a job. These and many other factors can cause custody or parenting time modification to be filed and addressed, either by agreement or Court Order. In order to modify child custody, there are several factors that are explored, including, the age and sex of the child, the relationship with the child’s parents and siblings, ...
January 6, 2015CD
Dissolution matters often involve issues of both child custody and support and property division, including the division of assets and debts. The information gathering phase of dissolution can be lengthy to accurately determine the numbers, accounts, schedules, etc. of the parties to appropriately determine custody, support, and division of assets and liabilities. Delay can further occur in the dissolution process if allegations are made by one or both parties, or even a third party. For example, during the course of a dissolution proceeding, perhaps one party files a protective order against the other party-which may or may not include the children. ...
November 27, 2014CD
In matters of personal injury, key legal components of a case can include negligence and liability. A person is negligent if they owe a duty to another, breach that duty, and the person caused injury as a result of that breach, and there are damages. In personal injury cases, often the case comes down to the actions of the parties involved, and who is liable for any damages. By way of example, think of a car accident scenario. Driver A strikes Driver B, who is turning left at an intersection on a yellow light. Driver A gets out of the car ...
February 6, 2014CD
If you are involved in a legal dispute and retain an attorney to help manage the matter and work through its resolution, there is often voluminous amounts of information that need to be shared between the attorney and client. Often the underlying legal dispute has been years in the making–but faced with conflict we all want the matter resolved sooner rather than later. On top of this, the situation or dynamic involving the matter may be changing as the litigation moves forward, and to form an effective plan of action to get the matter resolved, as opposed to an ad hoc approach ...
June 21, 2012CD
Parenting is a personal matter, with each family operating a little bit differently. Some families have a stricter disciplinary parenting style, while others are much more relaxed. Parents are given the general freedom to raise their children the way they see proper and fit. However, there are exceptions to encourage the mental and physical safety of children. Indiana law provides for protection of children through a number of statutes. There are child support statutes to ensure that children whose parents are separated are provided for financially. There are education statutes, requiring the education of children at an appropriate level. There are ...
June 19, 2012CD
The American court system is one filled with deadlines: deadlines for discovery to find out important information to proceed with a case to trial, deadlines for filings of numerous types, and to begin with, deadlines for initiating a lawsuit. There are numerous rules in the court system regarding statutes of limitation and when one can timely file a lawsuit (or appeal by a Notice of Appeal). Often, one of the first questions Ciyou & Dixon, P.C. attorneys ask when speaking to a potential new client is what has been filed recently, if the case is pending, and in any situation, if ...
April 12, 2012CD
One key aspect of human nature is to see our problem(s) as more important than everyone else’s problems. In addition, the need for a timely resolution of any given stressor is important to living a fulfilled life. As domestic advocates at Ciyou & Dixon, P.C., we observe these two factors collide and often create great duress for clients when child/ parenting time disputes arise. The protective nature of a parent (with perhaps some unresolved emotion from the divorce itself) necessitates a dispute be settled NOW! Unfortunately, many of these matters occur at the margins of what the Indiana Parenting Time Guidelines ...
February 28, 2012CD