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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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