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DTCI to promote civility, opposing 'anti-lawyer' sentiments

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Terre Haute attorney Scott M. Kyrouac wants to advance civility between plaintiffs and defense lawyers, and plans to advocate against “anti-lawyer legislation” that may be lodged against the legal community.

These are two of the main goals that the 25-year attorney embraces as the new president of the Defense Trial Counsel of Indiana. He will be the 44th person to hold that position when his term begins at the start of 2011.
 

kyrouac Kyrouac

“We’re ambassadors for the legal profession and need to do what we can to advance civility among all attorneys we practice with,” said Kyrouac, who takes the reigns of an organization that boasts about 700 members and is considered to be one of the strongest of its kind in the country. “Too often, it seems there’s a tendency among attorneys to tear another attorney down in order make themselves look better.”

A 1985 graduate of what’s now Indiana University Maurer School of Law, Kyrouac practices at law firm Wilkinson Goeller Modesitt Wilkinson & Drummy and focuses on personal injury, medical malpractice, products liability, and various other types of defense litigation.

Indianapolis attorney Tom Schultz, a past president of the DTCI who serves as the organization’s state representative, says that Kyrouac’s leadership as a trial attorney and devotion to the practice overall make him a good fit for the presidency this next year. His experience looking at other similar defense organizations from other states shows him that Indiana has one of the strongest in the country because of its legislative lobby, an active amicus committee, and so many in-depth committees serving members.

In turn, all of those areas are priorities that Kyrouac has his sights on during his presidency.

Working with attorneys from outside Indiana during the past year, Kyrouac says he’s witnessed firsthand how civil Hoosier attorneys are compared to others from outside the state. But that doesn’t mean the practicing attorneys here are immune from hostile sentiments.

“Even though we may be mostly civil, we have to be careful” that lawyers here don’t end up behaving in uncivil ways, he said. “That is contrary to the goals our chief justice has set forth for the Indiana bar, and I think we need to promote those ideals more aggressively.”

Kyrouac is interested in advocating for legislation that promotes general civility in the legal community as well as against what he calls “anti-lawyer legislation” targeting specific segments of the practicing bar and their clientele.

For example, he refers to legislation proposed in 2010 that would have raised the penalty for failing to accept qualified settlement offers from $1,000 to $5,000 that, in essence, he sees as keeping more litigants out of court. He’s also concerned about any legal services tax that might be used in this coming budget-setting session to try and raise additional revenue and would push the DTCI to oppose that.

“I’m a strong believer in the jury system and am opposed to any anti jury trial or anti-lawyer legislation that truly takes away from our system and eliminates people’s ability to find a lawyer or get their cases heard in court,” he said. “That’s contrary to the principles of our Constitution and we all need to be on guard against it. You’ll find that my trial lawyer experience is what sets me apart from a typical DTCI mouthpiece.”

Aside from those two main priorities, Kyrouac hopes to also improve and further develop the DTCI’s website so that it’s more interactive and user-friendly for members and the public. He’s interested in seeing the organization’s Indiana Civil Litigation Review more accessible to members online as well as possible brief banks that could provide value to members to review or cite in their own cases.

He wants to continue developing each of the association’s sections, especially the paralegal section that he views as too often being an afterthought in the defense practice despite paralegals possessing the ability to make law firms more cost efficient.

All of that means continuing what his predecessors such as Indianapolis attorney Mary Reeder have done to pave the way for his presidency, Kyrouac said. He’s also looking forward to the 45-year anniversary next year that will be marked by the annual seminar in French Lick in mid-November. For 2011, the new president hopes more vendor relationships can be established to help keep down member costs, and he would like to see a strengthening of the organization’s educational efforts.

Getting these goals accomplished means being mindful of DTCI’s biggest challenge currently and in the year to come: the economy and financial concerns.

“Lawyers have been hit hard by the recession and are suffering as much as other people in Indiana. We find we have to watch our budgets and efficiently spend our membership dollars,” Kyrouac said, noting that he plans to continue focusing on efforts such as the organization’s amicus brief writing and advocacy efforts on appellate court issues.

“I’m grateful for what’s been done and I want to continue getting involved in cases and being a resource for our members the best we can.”

Joining him in leadership roles, Reeder takes on the past-president title while Lonnie D. Johnson of Bloomington is president-elect, Jerry E. Huelat of Michigan City is vice president, James D. Johnson of Evansville is secretary, and Thomas C. Hays of Indianapolis is treasurer.•

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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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