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Before Stewart & Irwin closed, lawyers talked about mergers

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A nine-decade-old Indianapolis law firm’s abrupt closure remains unexplained as Stewart & Irwin P.C.’s leadership declined to discuss what led to the decision.

“It’s not important to go into,” said former Stewart & Irwin President Mary Schmid, now general counsel for Kleenco Maintenance/Construction Inc. in Alexandria.

Stewart & Irwin ceased practice without a public statement or acknowledgement. In early June, its top-floor offices at 251 E. Ohio St. in Indianapolis were locked after a private gathering a few days prior for people who had worked there.

Representatives of some clients listed on the firm’s website who spoke to IL on condition of anonymity said they received notice letters from the firm just a few days before its closing at the end of May. Those clients said they continue to have relationships with former Stewart & Irwin lawyers who moved on to different firms.

While Schmid and others in the firm’s leadership said nothing about the firm’s closing before and after it happened, rumors had swirled for weeks. Many attorneys, including equity shareholders, had been seeking an exit for months.

“This is something that came about somewhat gradually,”

said Donn Wray, a former Stewart & Irwin equity shareholder and one of six attorneys who migrated to Katz & Korin P.C. He called Stewart & Irwin’s decision to close “a natural consolidation of the legal marketplace.” Before the firm closed, Stewart & Irwin’s website listed 24 lawyers, including 13 shareholders and equity shareholders, about one-third fewer than five years earlier.

Multiple sources said that Stewart & Irwin and other firms had engaged in merger discussions dating back a year or more, but none worked out.

Several lawyers landed with Bose McKinney & Evans LLP. “We actually had begun discussions with various Stewart & Irwin attorneys over a year ago, and we were exploring different options,” Bose managing partner Jeff Gaither said.

“My sense is that Stewart & Irwin spoke to a number of different firms, including Bose, about potential mergers or about acquiring larger groups of attorneys, and that led to where we are,” he said.

Meanwhile, a former Stewart & Irwin of counsel attorney has sued the firm and former equity shareholders, claiming hundreds of thousands of dollars in fees owed to him were wrongly withheld. Former firm partners said the complaint was baseless and unrelated to the closing.

Scott Treadway, now in private practice in Carmel, filed the pro se complaint alleging breach of contract and unjust enrichment in Marion Superior Court in May, noting in the complaint Stewart & Irwin’s rumored closing.

Treadway claims in the suit that he maintained his legal practice separate from Stewart & Irwin and rarely performed legal services for the firm. But he maintained an office there, utilizing the firm’s attorneys on an as-needed basis on cases he says he brought to the firm.

He claims he and the firm had an agreement in which Stewart & Irwin would collect his receivable fees, retain a portion to cover the firm’s administrative costs, then cut him a check for the remainder each month. “I think they found my relationship with them financially beneficial,” he said.

Treadway claims, among other things, that the checks stopped coming after he moved out of the firm’s offices in September 2010. He said he filed the complaint as a last resort when it appeared the firm might be closing. “I had hoped to get this resolved amicably, and it seemed relatively straightforward,” he said.

Schmid said the suit had nothing to do with the decision to close and was “wholly without merit.” Former partners named in the suit said it would be vigorously defended.

Former Stewart & Irwin partner Edward Bielski, who left the firm more than a year ago but is named in Treadway’s complaint, said he wished Treadway well but laughed off the litigation. “All you need is a pen to file a lawsuit in Indiana,” Bielski said. “I haven’t given it an iota of though except a chuckle.”•

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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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