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DTCI: Practicing law can be gratifying, even in summertime

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DTCI-Misha-Rabinowitch-sigRecently, in a moment of self-reflection, I found myself thinking about what I find gratifying about practicing law. I was distracted in my quest for an answer by sunshine and daydreams of what it would be like to be Gordon Hayward, to kick the winning goal in a World Cup game, to play a match at Wimbledon, or, humbly, just to play catch in the yard with my son. So, rather than let the fleeting moment pass, I decided to put pen to paper in the event that during these beautiful summer days others might need the same reminder.

They don’t call it fun; they call it work. So, finding gratification in what we do is sometimes difficult. After all, as litigators, we are charged with the responsibility to solve problems that our clients are unable to solve on their own. If it were an option, especially in difficult economic times, most clients would gladly avoid paying their attorneys to solve their problems.

Yet for me, nothing is more professionally satisfying than working extremely hard on a case and achieving a result that is meaningful to the client and justifies the expense. I find that one of the most difficult aspects of being an attorney is explaining to a client at the outset why litigation will be expensive. But when the hard work is done and a favorable result is achieved, the client more often than not recognizes that you served as a trusted soldier in the trenches during difficult times – sometimes after they have been abandoned by nearly everyone else. That is when I truly realize the rewards of practicing law.

I am convinced that law remains a profession that most people respect. My thought in this regard is perhaps best illustrated in the following way. When in conversation someone might say to me, “You’re an attorney so you know more about this than I do.” I return a blank stare as the person questions me about a topic about which I know nothing. The assumption is that because we are attorneys, we know everything about the law, which, at least in my case, could not be further from the truth. I know about the areas of law in which I practice and relatively little about most others, but I don’t mind that people assume that I know much more than I do.

Moreover, although research and writing are not the most glamorous aspects of law, I find it satisfying to fight through hours of wheel-spinning research, argument crafting, and revision of countless drafts to complete a document that I can be proud to present to a judge in court. Not akin to what Landon Donovan must have felt as he kicked the winning goal against Algeria, but gratifying nonetheless.

I enjoy the teaching aspects of law: the idea that we learn and analyze through precedent and we pass on to those who come after us the skills that were passed to us by the lawyers who taught us. I am lucky to have learned from hard-working, ethical lawyers who taught me to strive to practice law the same way that they do. It is also the case that often I learn just as much from opposing counsel as from the lawyers working on my side.

This brings me to question the distinction often made between lawyers who represent plaintiffs and those who represent defendants. Don’t all of us share the same objective: to advocate our client’s position as compellingly as possible within the confines of law and ethics? If that is so, then there really is no distinction. That is something else that I find gratifying about practicing law.•

__________

Misha Rabinowitch is a partner in the Indianapolis firm of Wooden & McLaughlin and serves on the board of the Defense Trial Counsel of Indiana. The opinions expressed in this article are those of the author.

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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