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Hickey: The Present of the Profession

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IBA-Hickey-ChristineOne headline read, Lawsuits With a Side of Fries. Another announced a prediction: The Inevitable Future of the Legal Profession. No greasy burgers or lukewarm tacos pass through this drive-up window. Instead, an old Kenny Rogers Roasters building in Connecticut is home to a law firm branching out into the world of drive-thru convenience. Yes, a drive-thru window staffed by a paralegal to facilitate client communications and document signatures for those on the go. The story was both disturbing and fascinating at the same time.

While drive-thru law firms may be new, predictions about the profession are not. For years, people have been trying to capture what the future holds for the legal profession. Research has been conducted, books and articles have been written. Lawyers have been told that we were on the brink of fundamental change and this year we are warned that all forms of legal practice are on the cusp of a transition. There is no denying that change is inevitable, but change isn’t all bad.

This past month I had the pleasure of listening to a law professor share his vision of the changing tide for law firms based on market trends and empirical analysis of the legal profession. His presentation focused on project management and was eye-opening. I left like the others in the room, pondering all of the possibilities and realities the next decade will bring. Just last week, our newest Supreme Court Justice quoted John Mellencamp as he took his seat on the bench for the first time, “If you’re not part of the future, then get out of the way.” There is no doubt that being a visionary and forward-thinking is the better practice. Indeed, we all must embrace change and challenge that comes with it.

Sometimes, however, it’s okay just to live in the moment.

Over four hundred new lawyers were sworn in on October 15th at the Indiana Convention Center. The ceremony began with each one of them walking to a microphone in front of our Supreme Court Justices and distinguished judges before whom they may one day appear. Some were nervous, some spoke too soft, some too loud. All wore excitement and pride for the day. As we listened to hundreds of names, each personal introduction was as important as the one before and after. Each was an individual who had achieved a milestone in their life and we were there to share in that celebration.

The group as a whole was diverse and impressive, but really no different from so many others that have come before. Our past, the rich history of the profession and the honor of the oath, is what binds us all. Our future is in each new lawyer that raised a hand at that ceremony and swore to maintain respect for the courts, the confidence of clients, and truth, all with the same promise and excitement that you and I shared on that important day. These new lawyers are the best evidence of a profession that is as strong today as it was in the day of Atticus Finch. To each of them, a warm welcome and congratulations.

Interestingly, a report created by young lawyers in the year 2000 attempted to predict the state of the legal profession in the year 2020. The final chapter begins, “It is impossible to say to those early in their legal careers ‘pursue this field, and your practice will thrive.’ There are too many ways in which society can change, and too many unpredictable events in one’s life, to be certain of the best course to set.” That remains the case today and will always hold true. Thriving as a lawyer comes from hard work, good moral character, and so many other things we learn along the path of our careers. The report also shares a quote which has been attributed to everyone from Mark Twain to a Danish physicist to Yogi Berra, “I never make predictions, especially about the future.” I say, enjoy the present of the profession. It truly is a gift.•

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  1. 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.

  2. 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?

  3. 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

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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