MARCH 2021 FEATURING: IN THIS TOGETHER PLUS Geographic Perspective: Honoring the history of Evansville’s legal profession Can a same-sex couple own a home as an estate by the entireties? VOL. 64 NO. 7 POWERING PAYMENTS FOR THE Trust Payment IOLTA Deposit LEGAL Amount $ 1,500.00 INDUSTRY Reference The easiest way to accept credit, NEW CASE debit, and eCheck payments Card Number The ability to accept payments online has **** **** **** 4242 become vital for all firms. When you need to get it right, trust LawPay's proven solution. As the industry standard in legal payments, LawPay is the only payment solution vetted and approved by all 50 state bar associations, 60+ local and specialty bars, the ABA, and the ALA. Developed specifically for the legal industry to ensure trust account compliance and deliver the most secure, PCI-compliant technology, LawPay is proud to be the preferred, long-term payment partner for more than 50,000 law firms. ACCEPT MORE PAYMENTS WITH LAWPAY 866-583-0342 | lawpay.com/inbar VOL. 64 NO. 7 MARCH 2021 COVER STORY 10 IN THIS TOGETHER Four lawyers share their tips for being better practitioners and people By Brandon E. Tate, Heather George Myers, Michael E. Tolbert, and Shelice R. Tolbert CONTENTS STAFF PUBLISHER STATEMENT: Assistant CLE Director: Executive Director: Res Gestae (USPS–462 500) is published Christine Cordial • [email protected] Joe Skeel • [email protected] monthly, except for Jan/ Feb and Jul/Aug, by the Communication Coordinator: Legislative Counsel: ISBA. Periodicals postage Jenna Parsons • [email protected] Paje Felts • [email protected] paid at Indianapolis and additional mailing offices. 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By Patty Xidias 19 PRO BONO PUBLICO LICENSE Being of Service in Retirement By Marilyn Smith and Judge Martha Blood Wentworth RG STAFF: EDITOR / JENNA PARSONS [email protected] COPYEDITOR / REBECCA TRIMPE [email protected] GRAPHIC DESIGN / BURKHART MARKETING PARTNERS [email protected] WRITTEN PUBLICATIONS COMMITTEE CO-CHAIRS / COLIN FLORA & PROF. JOEL SCHUMM [email protected] ADVERTISING / KELSEY KOTNIK [email protected] Opinions expressed by bylined articles are those BOARD OF GOVERNORS 10th District: of the authors and not necessarily those of the 1st District: Adrienne Rines Hammond, Marion ISBA or its members. ©2021 by the Indiana State Bar Association. All rights reserved. Jacquelyn S. Pillar, Crown Point 11th District: Reproduction by any method in whole or in part 2nd District: Jon Laramore, Indianapolis without permission is prohibited. Zachary Lightner, Auburn 11th District: 3rd District: Angka E. Hinshaw, Indianapolis OFFICERS Mag. Cristal Brisco, Mishawaka 11th District: President: 4th District: Charles F. Miller, Indianapolis Michael E. Tolbert, Gary Douglas R. Adelsperger, Fort Wayne At Large District: President Elect: 5th District: Elizabeth A. Bellin, Elkhart Clayton C. Miller, Indianapolis Kyle B. Mandeville, Lafayette At Large District: Vice President: 6th District: Freedom Smith, Indianapolis Amy Noe Dudas, Richmond Nathan “Scott” Smith, Noblesville Past President: Secretary: 7th District: Leslie Craig Henderzahs, Noblesville Renee Ortega, Hammond Emily Storm-Smith, Indianapolis House of Delegates Chair: Treasurer: 8th District: Michael Jasaitis, Crown Point James Dillon, Merriville Laura “Katie” Boren, Evansville House of Delegates Chair Elect: Counsel to the President: 9th District: Hon. Holly M. Harvey, Bloomington Shontrai Irving, Hammond Gregory “Greg” Fifer, Jeffersonville Young Lawyers Section Chair: Sara McClammer, Indianapolis 4 RES GESTAE • ISBA DEPARTMENTS 7 PRESIDENT'S PERSPECTIVE 27 ETHICS 14 STATEWIDE SCOOP 31 RECENT DECISIONS 22 CRIMINAL JUSTICE NOTES 38 CLASSIFIEDS CONTENTS Michael E. Tolbert Doug Church James Bell Partner Partner Attorney Tolbert & Tolbert Church Church Hittle + Antrim Paganelli Law Group CONTRIBUTORS [email protected] [email protected] [email protected] Brandon E. Tate Marilyn Smith Stephanie L. Grass Member Vice President & Director of Attorney Waldron Tate Bowen Daugherty Civil Justice Programs Paganelli Law Group Funk Spandau LLC Indiana Bar Foundation [email protected] [email protected] [email protected] Shelice R. Tolbert Martha Blood Wentworth Kathy Osborn Partner Judge Partner Tolbert & Tolbert Indiana Tax Court Faegre Drinker [email protected] [email protected] [email protected] Heather George Myers Joel Schumm Zena Braish Attorney Clinical Professor of Law Associate Heather L. George Myers, IUPUI Faegre Drinker Attorney at Law [email protected] [email protected] [email protected] Steve Hoar Patty Xidas Partner Attorney Kahn, Dees, Donovan & Kahn, LLP Griffith Xidias Law Group LLC Contributors [email protected] [email protected] 5 INBAR.ORGINBAR.ORG • • MARCH 2021 Indiana Work Injury Attorneys Klezmermaudlin.com/referrals/ Klezmermaudlin/referrals.com Klezmermaudlin/referrals.com Cases referred to Klezmer Maudlin will be personally handled by either Randal Klezmer or Nathan Maudlin. We will be thoughtful, responsive Klezmermaudlin.com/referrals/and dependable in our service. INDIANAPOLIS 317.569.9644 EVANSVILLE 812.425.3180 TOLL FREE 800.809.3776 KLEZMERMAUDLIN.COM 6 RES GESTAE • ISBA President's Perspective: The Road less TRAVELED By Michael E. Tolbert PRESIDENT'S PERSPECTIVE obert Frost’s poem, “The Road Out of the debate over what the poem is Not Taken,” has been a hot about, a common theme has emerged: The R topic in literary circles since it power of non-conformity and the benefits was published in 1916. Like any great of going against the grain. This poem poem or stimulating piece of artwork, has been used to inspire many to take an it has been subject to many different unconventional path to better themselves interpretations. Many life lessons can be and the lives of others who may follow in teased out of this literary masterpiece. their footsteps despite the obstacles. Some people refer to Frost’s poem as ‘The Road Less Frost’s poem serves as the Traveled’ because of the perfect backdrop as we final stanza: celebrate the contributions made by blacks and women I shall be telling this with throughout history. February a sigh is “Black History Month,” a time when we celebrate the Somewhere ages and ages great achievements of African hence: Americans and their central role in U.S. history. March is Two roads diverged in a “Women’s History Month” wood, and I— when we commemorate the many contributions women I took the one less traveled by, have made to our great country. Many Hoosiers from these two groups have And that has made all the difference. done remarkable things that impact the practice of law in Indiana. These accomplishments deserve attention. 7 INBAR.ORG • MARCH 2021 TRAILBLAZER ROOTS IN League to fight racial inequities in States. On August 4, 1816, Allen THE HEARTLAND the South Bend area through most was born a free man in Indiana. of the 20th century. Most notable Despite Indiana being a free state, Cornelius Roscoe (C.R.) Richardson was their work to end segregation it still harbored many obstacles for has the distinction of being the first at the Engman Natatorium, which blacks. Allen taught himself how to African American male lawyer in now houses the Civil Rights Heritage read and write and became a school Indiana. Born in 1886 in Athens, Center in South Bend. teacher. He used that vocation as Georgia, C. R. Richardson graduated a gateway to sharpen his reading from Tuskegee Institute in 1905 and and writing skills. Allen would move to Portland, Maine, take the went on to Howard University in "The seeds planted Washington, D.C., earning his law bar exam, and start his practice on degree in 1911. Richardson served in by Allen and others are July 3, 1844. In search of better job the military during World War I and in full bloom throughout opportunities, Allen moved to Boston was instrumental in establishing the and became licensed to practice law American Legion in Indiana. the Indiana State Bar in Massachusetts on