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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. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  2. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  3. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  4. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

  5. Finally, an official that realizes that reducing the risks involved in the indulgence in illicit drug use is a great way to INCREASE the problem. What's next for these idiot 'proponents' of needle exchange programs? Give drunk drivers booze? Give grossly obese people coupons for free junk food?

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