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IndyBar: Interrogatories - Eric Schmadeke

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By Tyler D. Helmond, Voyles Zahn & Paul

Eric Schmadeke
Densborn Blachly LLP

He is a graduate of Indiana University and the IU McKinney School of Law. He was a Marion County Deputy Prosecutor before joining Densborn Blachly LLP. He is a 2013 Indiana Lawyer “Up and Coming Lawyer.” He is Eric Schmadeke, and he has been served with interrogatories.

Q:You recently transitioned from prosecuting criminal cases to civil litigation in private practice. What has been the hardest part about that?
A:Without a doubt – sitting down and typing.  Trials and contested hearings were once the routine; now it feels like I am going out for ice cream every time I get to argue on my feet. The rule jockeying which seems to plague civil litigation can become a little arduous at times too.  I really believe good outcomes would happen more often for our clients if we all focused on the merits a little more and rules ending in something like (m)(38)(P)(xxi) a little less.   

Q:…and the easiest part?
A:Transitioning from a job where I was surrounded by incredibly talented, hard-working and honest lawyers who would rather be hit by a bus than let down their victims, to a job where I am surrounded by incredibly talented, hard-working and honest lawyers who would rather be hit by a bus than let down their clients.

Q:Your office is now on the north side instead of downtown. What are your feelings about that?
A:Densborn Blachly LLP built a first-class modern law office as appealing and fun to work in as any other I have ever seen, and it is quite nice to walk into a place like that every day.  It also happens to be on the north side where I have grown up and currently reside, along with a lot of our clients too. 

On the other hand, I do miss the energy of downtown.  There was always just a touch of excitement that came with the uncertainty of what you might see that day, good or bad.  Am I going to be accosted by a vagabond whose breath smells like after-shave or see a couple silently and tearfully embrace on the sidewalk after learning their adoption has just been finalized?  Or both?  You never knew.  That is what I miss. 

Q:Describe your technology setup.
A:Smart phone, laptop, and docking station with dual monitors.  Big fan of the dual monitors.  Densborn Blachly LLP also makes use of cutting-edge practice management technologies that utilize the cloud.  The firm decided to make a commitment to staying ahead of the tech curve.  So far, that bet has paid off big time for us and our clients. 

Q:If you could bring one historically notable dead person back to life, who would it be and why?
A:Mark Twain.  He said of Jane Austen, “Every time I read ‘Pride and Prejudice,’ I want to dig her up and hit her over the skull with her own shin-bone.”  If that is how he reviewed a novel about manners, I am dying to know what he would have to say regarding the 113th United States Congress, or TMZ.com.  It would also be fun to ask him why he kept reading ‘Pride and Prejudice.’

Q:Who is the most challenging judge you have practiced before?
A:Tough one.  It would be easier to name judges who would describe my practice before them as “most challenging.”   By the way, did you choose an adjective that means both inspiring and impudent on purpose?  If so, well played – but I am not biting. 

Q:You have tried more than 75 juries in a relatively short career, and rumor has it, you are pretty hard to beat.  What’s the secret?
A:First, there is no secret.  I am merely the common denominator.  It is truly the work of the investigators, paralegals, expert witnesses, administrative staff and co-counsel who have supported, taught and tolerated me over the years who won these cases.  Second, I would like to ask my grandmother to stop spreading rumors.

However, imagining for the moment that there is a “secret” recipe to win juries, I suspect it would read something like:

Six parts – good facts;
Five parts – preparation;
Four parts – co-counsel and support staff (only the finest quality);
Three parts – jury selection;
Two parts – persuasive story-telling and the cogent use of analogies to make relevant facts relatable;
One part – Providence, and –
A dash of pluck.

Q:What is your favorite Indiana craft beer?
A:Sun King: Cream Ale on the golf course or Indians Lager at the ballpark.•

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  • Hero
    My daughter called Mr Schmadeke a super hero in a tie after he successfully prosecuted a very evil man. We wish him great success in his private practice.

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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