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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. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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