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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. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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