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Leadership in Law 2014: David L. Swider

Partner, Bose McKinney & Evans LLP, Indianapolis • Indiana University Robert H. McKinney School of Law, 1978

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15col-Swider.jpg David L. Swider (IL photo/Eric Learned)

David L. Swider is on the “short list” of top management labor and employment law attorneys in Indiana. While he is a nationally recognized speaker in his practice area, clients point to his responsiveness and business sense in their dealings, noting his willingness to provide alternative solutions to their problems and a compassion for them as people. David authored the Indiana Chamber of Commerce’s “Model Employee Policies Manual,” which is now in its sixth edition. He is an advocate for young attorneys, often mentoring recent graduates.

If you couldn’t be a lawyer, what would you do for a living?

Write children’s books. I don’t know that I could actually make a living from the endeavor, but I know I would enjoy the ride.

What civic cause is the most important to you?

Because of my core beliefs, I would have to say my work on behalf of Truth @ Work is the most significant to me. Lawfully integrating a private sector business owner’s or executive’s faith into the workplace is intensely satisfying and rewarding to me.

How has the law in labor and employment changed since you started?

I think it has become less business- and more employee-friendly over time, enabling many to use the laws as a sword rather than a shield. Employment-at-will has become all but swallowed up by its exceptions.

You were able to meet President George W. Bush while your son was a White House intern. What was it like meeting the president of the United States?

Having my arms around the president of the United States and my family while we prayed together with him in the privacy of the Oval Office was a once-in-a-lifetime experience that we will never forget.

Why do you practice in the area of law that you do?

It packs a lot of my passions and strengths into one substantive area. I like solving people’s problems and negotiating business solutions; I enjoy the competition of litigation and appellate advocacy; and I have a knack for making complicated issues understandable to those not well versed in my area of the law. I also have a passion for public speaking.

What’s been the biggest change in the overall practice of law you’ve seen since you began?

It has become a much more competitive field. Having a law degree does not provide the same sense of assured employment and financial well-being as it once did.

What’s something you’ve learned over the years that you wish you could go back in time and tell your younger self?

Don’t worry about those things over which you have no control. Shakespeare put it this way: “Things without all remedy should be without regard.”  

What are some tips for achieving a work/life balance?

No matter how busy I am, I always try to make time each day for faith, family and fitness.  When I can, I add a fourth “F,” friends.

What’s something about you not many people know?

One of my favorite television shows of all time is “The Simpsons.”

You’re very involved with the Actors Theatre of Indiana. Do you act?

While I did a few plays in high school, I have done no serious acting (except in client advocacy roles) since then. Nonetheless, I really enjoy the theatre, especially Broadway musicals. ATI brings that quality of entertainment to Central Indiana.

Is there a moment in your career you wish you could do over?

I once lost a very good client because I took the relationship for granted. That mistake was a good lesson that I have never repeated.

What was the worst or most memorable job you had prior to becoming an attorney?

Working on an auto parts assembly line in high school. It made me appreciate at a young age the value of education.

What class do you wish you could have skipped in law school?

Conflicts of law. Coming from an accounting undergraduate background, I was frustrated by the lack of certainty and predictability in the subject matter.

Why do you think people often have negative stereotypes about lawyers?

On an individual level, the public’s trust in lawyers and the legal system can be shattered if they come away from the experience believing, rightly or wrongly, that the lawyer’s self-interests dominated the results. Often a lack of client communication and responsiveness underlies this problem.  

We hear a lot about civility. Have you noticed a change in how attorneys treat each other since you began practicing?

I am happy to say that I have not. One of the things I have consistently enjoyed throughout my career is how the labor and employment law bar in this state, with very few exceptions, treats each other with professionalism, courtesy and respect.

Who is your favorite fictional lawyer?

Jake Brigance from Grisham’s “A Time to Kill.” Grisham’s southern law school background gives all of his fictional lawyers a realistic, thought-provoking and mildly instructive spin.


 

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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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