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DTCI: Find your technological balance

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I am 57 years old and have practiced law for more than 32 years. But, I don’t feel old. I have three young boys with whom I love to play football, baseball, and basketball in the backyard. I still windsurf and do flips off the diving board. I listen to WTTS Radio for its new music, I have the Dave Matthews Band and Guster on my ITouch, and I enjoy playing drums in a rock and roll band. I like wearing designer jeans, flip flops, and t-shirts and hanging out with my daughters and their young adult friends. I still consistently bill the hours that would be expected of an ambitious associate or junior partner.

Nevertheless, when I think back on my experiences as a lawyer, I realize I must be old. I feel compelled to reminisce and record some of the law office history and evolution that I have witnessed during my career and to note the blinding speed with which technology has overtaken our professional lives.

When I started in the private practice of law in 1978, the most impressive room in a law office was the library. It contained shelves and shelves of beautifully bound books which were essentially the source of all legal knowledge. Yes, the law school did have one computer in its library, but it was primarily an educational tool, available across town by appointment only and its database was severely limited. It was not a viable substitute for legal research by the books.

All telephone calls to the firm were answered by the receptionist. There was only one telephone number and no direct lines to anyone. If an attorney was unavailable, the receptionist would fill out a little pink slip with the caller’s name, number, and message and place the message slip into slots at the receptionist’s desk. In 1984, when our firm built out our new space in what was then known as the AUL Building, we even had a decorative wooden panel with message slots constructed as a permanent part of the receptionist’s work station. Pink slips were the state-of-the-art message service and we assumed they were here to stay. Voice mail was only a vision in Scott Jones’s mind at that time. (It may surprise younger lawyers to know that voice mail in its infancy was not well received by many clients because it was deemed too cold and impersonal.)

We did have telephones on our desks. The only other piece of technology on our desk was a Dictaphone. It was an unwieldy instrument with a separately held microphone connected to the base unit by a curly cord. It used 3” brown cellophane-like bands that were placed over rollers inside the machine to record the voice data as the tape turned. When the recording was complete, the user turned off the machine, removed the cellophane band and paper clipped it to the file for transcription. Cassette tapes (let alone micro cassette tapes) were not yet in use.

The office secretaries had typewriters, of course. The gold standard was an IBM Selectric with a metal ball that rotated to imprint the characters. Some sophisticated models had “mag cards” which were capable of recording and reprinting short passages automatically. Carbon copies were made using messy carbon paper that was unforgiving of typographical errors. Does everyone today know that “cc” originally stood for “carbon copy” not “courtesy copy”?

“Xerox” machines were available, but they were expensive and certainly not ubiquitous like today’s printers and copiers. Moreover, they did not have automatic feeders, collators, color or any other special features like the ability to enlarge or reduce size. Actual size black and white copies were made one at a time by opening the lid, placing the original material on the glass, closing the lid and pushing the button once for each page to be copied.

Forget smart phones. We didn’t even have cell phones. Telephones were fixed landlines used for audio communication only. In the mid-1980s, because of a large and demanding case I was handling, I became one of the earlier users of a “car phone.” At that time, it was regarded as a novelty, not a necessity. When I would call my friends, they would make jokes saying things like, “Come in, Mobile One” as if it were a Citizens Band radio.

It is no surprise to me that cell phones quickly and thoroughly penetrated the market. The convenience and efficiency created by wireless phones may be the greatest advancement in technology for the law practice in my career. Client service and productivity increased dramatically with the ability to report the results of a court hearing or deposition while driving back to the office. (We still had automatic change of venue back then which resulted in significant work in the contiguous counties.) I remember wondering why everyone didn’t have a mobile phone and whether it would be technologically possible for the airwaves to accommodate everyone that would eventually want one.

Fax machines were much heralded in their arrival, but regarded by some with skepticism. Overnight delivery was already available if necessary. Was there really a need for more speed than that? If so, why not rent or borrow fax capabilities when necessary. Our firm debated this issue for some time before purchasing our first fax machine. Less than a year later, we had two.

Of course, the typewriter morphed into word processors (remember the Wang?) and PCs on the desks of administrative assistants. But without the Internet, computers could only process data that the user keyed in. Because attorneys did not have time to input data, most people believed there was no need for a computer on the attorney’s desk. I recall a good client at a large insurance company telling me in the early 1990s that someday he would be able to send me messages from his computer directly to my desk. Although I was intrigued by the concept, I was secretly concerned that my comfortable reliance on the postal service’s three-day turnaround time would be eliminated. However, I was comforted by the knowledge that I did not have, nor would I probably ever have, a computer on my desk for the clients’ messages to pop up on anyway.

Those days are gone. Computers are not only on our desks, they are in our pockets and on our nightstands. It is truly amazing how much the pace of our practice has changed since that time not so long ago, when attorneys could not even call in to get their messages after the office switchboard closed at 5:30 p.m. We now practice in a world of instant messaging and 24/7 accessibility. The challenge for lawyers today is not how to communicate instantly, but knowing when and how to stop. Delivery services like the Post Office and Federal Express no longer provide an excuse for us to stop and catch our breath. Lawyers can now e-mail, text, transmit documents and talk to clients around the clock. Even the courts are open for electronic filing after traditional business hours.

I predict the accelerating pace of technological advancements in the practice of law will continue. This will not only create ever increasing opportunities for speed and efficiency, but opportunities for undue haste, miscommunication and mistakes as well. Therefore, the most successful lawyers in the future will be the ones that strike the best balance between constant accessibility and instant response versus the need to periodically shut down to recharge and engage in-depth and well considered analysis. Striking the proper balance will allow lawyers to remain grounded in the real world, establish stronger interpersonal relationships, and provide accurate and more valuable answers, advice, and advocacy when they once again power up to energetically and enthusiastically serve their clients.

I wish you all the best in finding and maintaining your technological balance to enjoy a successful law practice and help your clients achieve their goals over the long term.•

Mr. Bennett is a partner in the Indianapolis firm of Riley Bennett & Egloff and is a member of the Defense Trial Counsel of Indiana. The opinions expressed in this article are those of the author.

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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