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DTCI: Note from the defense - Stop the 'unnecessary roughness'

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dtci-mortimer-reneeI was told that I had to write an article when I became a member of the board of directors of the Defense Trial Counsel of Indiana. When I asked what the topic was to be, I was told, “Anything you want!” OK. Now what? What do I want to say to my colleagues in Indiana? Should I write a case note? No. There are too many of those already out there. Should I write a perspective from a lawyer from “the Region?” No.

We need to annihilate those boundaries, not enforce them. What about an article on electronic discovery or the Medicare/Medicaid issues? No. We have all either given those lectures or attended them over and over again. I was at a loss. What do I want to say to everyone out there?

As I was pondering this daunting task, I was buzzed by our receptionist. “Prominent plaintiff lawyer” was on the phone for me. (I have removed his name to protect him from jabs from his colleagues for being too nice to a defense lawyer.) I wondered why he was calling me, as we don’t currently have a case together. It turns out that he had a case with one of my partners and just thought he would call me to see how I was doing, as we had not spoken in a while. We had a nice chat and hung up. I thought how nice that call was – and how rare. It then hit me that I had found what I wanted to say to all of you.

While I am sure this writing could be deemed just another one that promotes civility, and while I am sure that there is a long list of ethical rules that promote that, too, I cite none here. I simply say this: Stop the (to use a football phrase) “unnecessary roughness.” I am hereby throwing a “flag on the play.”

I am definitely not saying to stop being fierce advocates for our clients. We all lose sleep at night, thinking about our cases, making sure that we are doing the best we can for our clients. (I wish the sleeplessness would end, but after 21 years of the practice of law, I know it won’t.) Unfortunately, some of us on both sides of the “v.” are also lawyers who cannot seem to handle a case without making other counsel on the case simply miserable. These lawyers seem to think that is part of their duty to their clients. I disagree.

Being disrespectful to the court or counsel does not help your case. Nor do endless multipage letters that voice baseless objections or accusations. I certainly know that my clients won’t pay for this type of activity and want me to devote my time to the pertinent issues of the case. Yes, it is part of the job to argue and to advocate, but do not do it at the expense of professional courtesy.

I am encouraged by my “prominent plaintiff lawyer” colleague. I hope this trend continues. Our parents told us to treat others as we would like to be treated, so I hereby remind you all of that, without citing to any legal authority. I say our jobs are hard enough. Please just do the right thing and don’t add unneeded roughness to our lives and yours under the cloak of advocacy. It will make all of our professional lives much better.

There is my message. Have a good day.•

Ms. Mortimer is a member of the DTCI Board of Directors and is a partner in the Schererville office of Hinshaw & Culbertson LLP. The opinions expressed in this article are those of the author.

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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  5. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

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