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Hickey: Out with the new and in with the old

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Recently, I cleaned my office. That alone is worthy of a President's Message; however, the story gets better. What began as an almost-as-good-as-a-root-canal experience turned into a journey back in time with a treasure-trove of items that hadn't seen the light of day in decades.

As I pulled out boxes from law school, I was reminded of stories of offices with grease-stained files from doughnuts having been smashed between them while the pile sat. I worried about whether something would nibble on my hand or whether I would mourn the death of a once-living thing crushed by mountains of legal prose. Other than a smashed pretzel and one dead fly, I was pleasantly surprised with some of my discoveries. Among them were . . .

My law school notes. Amazingly, I saved every last scribbling from school. At first, I kept them in case the need arose to resort to textbook definitions for basis and other pressing tax law questions. Then, I had high hopes of passing them on to future law school friends. That was as silly as my fascination with the environmental law outline it took me a semester to craft. I decided to part with the notebooks that represented so many hours of study; however, as I did, I was reminded of a time when passion, patience, and perseverance ruled the day.

Various Certificates of Admission and Appreciation. Wow. I was admitted to practice in places I had never been and awarded certificates for things I didn't recall. I dusted those off and now they have been elevated to the top of a table. One day, they might make it to a frame. Maybe, maybe not.

A very-young-looking photo of me behind my desk with piles of files. It could have been taken 15 years ago, but my surroundings were still the same: a computer, lots of work, and candy on my desk. That was in the same box as a Ziggy cartoon about organized chaos; I threw that away since it clearly had not served me well over the years.

The IBA Standards of Professionalism and a book on Integrity. If you have not seen the Standards of Professionalism in a while, I encourage you to read them; they make you stand a little taller and practice law a little better. I believe these have a place right next to the paperclips and pens on our desk as an indispensable item to be consulted often. These, I kept.

Many old copies of news articles about colleagues, local Bar events and special people. I took some time to look back through these. Yellowed papers showed smiling faces of young lawyers who are now our seasoned leaders in the community. They smiled from behind an award being presented, or above a caption recognizing them for something wonderful they did as a new attorney. At the time, I had no idea that I was saving clips about what would be the future of our legal profession. It was nice to take a trip back in time with so many close friends, trusted colleagues, and respected leaders.

Personal notes that I had kept for one reason or another. While email and texting are all the rage, the personal note has all but died. I saved personal thank you's written for Bar work done from over fifteen years ago. I tucked away personal sentiments from attorneys and IBA staff who took their time to give me words of appreciation and encouragement. Even in the day of less is more, we should not underestimate the power of the personal note.

Finally, a faded copy of a Xeroxed paper was lodged between memos, books, and other items of no import. I am glad I took the time to read it before pitching it with the many other items that had our shred bins bulging at the seams. I don't know where I got it, or who gave it to me, but I kept this one. It had a short message and one that is worth saving: Today is What I Make It.

It seems to me that things require dusting off every once in a while. Remind yourself what was important to you at one time, what remains important to you now, and what you might have lost sight of. Take a moment to write a personal note to a trusted friend or a colleague whose photo is in the paper. Reflect back on your law school days, the people who helped get you where you are, and remember that today is what you make it.

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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