Monday, November 30, 2009

Adopt a Pet this Holiday Season

By Carol Dillon

As I watched my dogs pace around my mother-in-law's kitchen the day after Thanksgiving, hoping someone would drop a turkey scrap or that someone would give in and give them some potatoes, I felt very blessed to have my two dogs. They are the only two people in the world who are happy every single time I walk into a room. If I've had a horrible day and I am feeling low or sad, seeing my dogs always makes me feel better. They love unconditionally and don't ask for anything but food, water, exercise, and attention.

Sometimes when my clothes are covered in dog hair after sitting on my couch, or when I find a dog hair in the dinner I just cooked, I think what my house would be like if I didn't have dogs in it. My house would certainly be cleaner; it would probably smell nicer; and I wouldn't have to worry that when company comes over, they are going to be mad that there is dog hair on their clothes, no matter how much I already vacuumed the couch. I'd also save money not buying dog food, treats, endless squeaky toys, and expensive yearly trips to the vet. But I'd be missing so much more without them. I'd miss Gertie's face in the window when I pull into the driveway and the way she wiggles up to me when I walk in the door. I'd miss the way Fletcher doesn't get up off the couch when I walk through the door, but rolls onto his back and wags his tail until I come pet his belly.

Find it in your heart to adopt a pet from your local animal shelter this holiday season. The animal shelter is full of loving, funny animals who just want a home and a little attention. They may not be designer, well-trained, pure bread dogs, but I guarantee they'll always be happy to see you. In the alternative, go through your linen closet and instead of throwing away old sheets, blankets, and towels, donate them to the animal shelter and help keep animals cleaner and warmer this holiday while they wait to be adopted.

Friday, November 20, 2009

Thanksgiving Thoughts - Gobble Gobble Gobble

By Jeb Crandall
Attorney

In today’s fast-paced and always connected World, we seldom have time to sit back and reflect upon the things in life that we enjoy and are truly thankful for. With the holidays and Thanksgiving rapidly approaching, I decided to prepare a “Top 5” list of things I am thankful for along with a “Top 5” list of reasons why I love Thanksgiving. Feel free to post what you are thankful for or your favorite thing about the holidays!

Top 5 Things I Am Thankful For:

5. Enjoying my job and the people I work with
4. The Colts having Peyton Manning as their quarterback
3. My dogs
2. Those serving and defending our country
1. My family and friends

Top 5 Reasons I Love Thanksgiving:

5. Parades
4. Football
3. An afternoon nap after eating too much
2. It's now socially acceptable to decorate your house like Clark Griswold
1. Left over turkey sandwiches

Wednesday, November 18, 2009

What we learn from Peyton Manning

By Jim Bleeke

Here in Indianapolis, we are very proud of our Colts and our quarterback, Peyton Manning, who may be the best quarterback in the history of the NFL. Sunday night’s (11/15/09) comeback win over the New England Patriots was just another in a long line of miraculous comebacks engineered by Peyton Manning and a supporting cast of players who simply do not give up.

At Sweetin Bleeke Attorneys, we also recognize that some of the most difficult cases with the most challenging facts require extra effort and a more creative approach than cases that appear defensible from the outset. We pride ourselves on “not giving up” when we encounter tough facts on liability or damages that elicit a great deal of sympathy for opposing parties. Instead, we try to take our game to the next level, looking for the weak points in our opponents’ cases and finding the strongest point in our defense so we can focus the case on what we truly believe. We welcome the challenges that come with the tough cases, and we value our clients who trust us to “carry the ball” for them when the going gets tough.

Thursday, November 12, 2009

The Mediation Process Should Begin As Soon As Defense Counsel Becomes Aware of the Dispute

By Jim Bleeke
Shareholder
BleekeDillonCrandall

The vast majority of legal disputes are resolved through settlements, not trial. Recognition of that fact prompted courts around the country to begin requiring pre-trial mediation in nearly all lawsuits before a case is allowed to go on to trial. Mediation is defined in Merriam-Webster Dictionary as “intervention between conflicting parties to promote reconciliation, settlement, or compromise.” In the world of litigation, mediation can refer to the one-day or half-day meeting with an impartial facilitator in an attempt to resolve litigation that has been ongoing for some time and avert the necessity of trial. However, because mediation necessarily involves communication between adversaries in the litigation process, it is important to realize that mediation is a process or a journey that begins as soon as the dispute is known. It is short-sighted to forget that the person on the other end of the telephone or who is opening their letters and pleadings early on in the case that ultimately will be the person who will assist with deciding whether the case is resolved short of trial. Ill-advised comments early in a case may create animosity that ruins the prospects of a successful mediation before the parties ever set foot in the office of the impartial facilitator charged with trying to help the parties reach an agreement.

At SweetinBleeke Attorneys, we realize that our adversaries in litigation may ultimately be the same people who we are asking to “be reasonable” in resolving a case at a value that our clients consider appropriate. Therefore, whenever possible, we do our best not to alienate the attorneys (and even opposing clients) as we develop our defenses. We believe that cases can be firmly and aggressively defended without name-calling or condescending remarks that our adversaries will likely remember when it comes time to try to settle a case.

Consequently, our first step in most cases is to contact opposing counsel and simply listen to their perspective to see whether there are any issues on which we agree, or to determine in some cases whether another defendant may be a more appropriate target for the litigation. We see no reason to delay that communication until after expensive written and oral discovery or battles regarding technical legal issues. While we certainly are willing to go to the mat on legal and factual issues when that is necessary, we have found that it is much less expensive and much more effective to engage in a reasoned discussion with our adversary at the earliest possible stage of a dispute. By doing so, we often persuade our opponents to dismiss our clients or to resolve matters for very reasonable settlements with the minimum of legal expense. We believe our clients appreciate that sensible approach and that it will serve both our law firm and our clients very well in the long run.

In those cases that actually do reach formal mediation, we continue our approach of attempting to truly listen to our adversary and to seek agreement wherever it exists. In our experience, once our adversaries feel heard on at least those points where there is agreement, or even where we respectfully disagree, our chances of achieving a settlement at mediation greatly increase. For a more detailed discussion of our approach at formal mediations, please refer to our article entitled, “Mediation—What Plaintiffs Really Want,” which will be published in the December 2009 issue of the Defense Research Institute’s For the Defense magazine.

We welcome your comments or suggestions based upon the issues raised in this blog or discussed in that article.