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IndyBar: Civility. Courtesy. Respect. Professionalism.

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iba-getting-along-logoThese are words that should be synonymous with “Advocate” but in a world of high stakes, strong opinions, and a general, societal decline in basic manners, how can attorneys fight the good fight while living up to these ideals – especially if the other side doesn’t? We set out to find examples of lawyers who model the way while providing excellent representation.

Getting Along is Not Wrong, an initiative of the IndyBar Standing Committee on Professionalism, is the impressive collection of such positive and compelling behavior. Check out the debut entry below, and find new installments online at indybar.org/blog.

‘Winning’ by ‘Losing’

Hon. Steven H. David, Indiana Supreme Court


The Chronological Case Summary reads: “Pre-trial conference held to discuss Defendant’s Motion to Continue Trial. Discussion held. Counsel for Plaintiff strongly objects to the Continuance. Motion to Continue is granted over objection and matter is reset for a first-choice trial on…”

Want the rest of the story? The trial was set on a day that the defense counsel had longstanding plans to be on vacation. He made it clear in his motion that his vacation was the conflict and the reason for the Motion to Continue. The plaintiff was livid and wanted the case to proceed to trial on the day scheduled. The plaintiff’s counsel asked for a pre-trial conference to discuss the matter rather than filing a written objection to the Motion to Continuance. Respecting the defense counsel’s desire to go on vacation, she did not want to oppose the Motion to Continue, but her client demanded that she “fight it.” All of this was discussed during the telephoned pre-trial conference between counsel and the judge. The Chronological Case Summary set forth above was then issued.

The defense counsel got his continuance. The plaintiff’s counsel “lost” her objection but “won” enhanced respect of the opposing counsel and the court. The plaintiff, while not happy with the trial judge’s ruling, got to read the CCS entry and was at least happy with his attorney’s effort in “opposing” the motion. Oh, and by the way, while on the telephone, a new conflict-free date was set for the trial. It did go to trial and was one of the best-tried bench trials I ever presided over.

Getting along is not wrong. Professionalism and civility is good business.•

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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