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Hickey: Those People

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To say that we got where we are without the help of others would be a lie, no matter who you are. Whether it was a teacher, friend, family or an unexpected lesson learned from someone whose path you never crossed again, there is some part of us all that is the product of the people around us.

Law school teaches us that we learn from others: other cases, other courts, other legal arguments. Precedent provides guidance; lawyers and judges pave the way for future law and litigants. As a law student, your professors prepare you for understanding substantive law and mastering the art of critical thinking. What you aren’t taught is what it’s like to be a lawyer or how to earn respect in your profession. You aren’t taught what is appropriate at judicial receptions, how to speak in public, or how to properly handle the difficult client or contentious opponent. Instead, you watch and learn from those around you. There is no doubt that whether you are fresh to the profession or celebrating the end of a successful career, you have someone to thank.

On September 30th, the Bar will recognize attorneys who have been one of “those people.” “Those people” are the ones who showed you how to act in court, how to lose with grace, and how to befriend the bailiff. They gave the wise counsel of showing up on time, being prepared, and thanking the judge for an adverse ruling. They are the people who looked up from their work to talk to you about your case and not only listened to your argument but provided constructive criticism. They answered your questions after careful thought and didn’t make you feel as if you were wasting their time.

For me, “those people” were many. Some were nameless opposing counsel whose style and abilities I admired and strived to adopt in my practice. Some were attorneys in specialized fields who answered a call to talk about a strange set of facts. Some were attorneys in my office who explained how to argue to win and how to funnel young-lawyer energy into good legal argument. Some were the attorneys who were held up by this Bar as leaders, who set an example of how to lead positively and with passion. As I look back over the years, I realize how many different people helped to shape how I practice and who I am. For many, they don’t even know that they were one of “those people.” However, at least one made a conscious decision and for that I thank him.

It is not that he gave me answers, but rather that he explained why. It was the counseled critique of a letter, a speech, a conversation; always focused on detail and ways to improve. It was trusting a young lawyer to meet with clients, and not allowing the waiter to take his plate until I was finished, ever the gentleman. It was the gentle urging that I could do whatever I wanted, and knowing that he truly believed that, always. It was the sharing of stories from his years in practice and service as a state senator, a wealth of information that he offered freely and that had nuggets of life lessons woven in them. It was his work ethic and his commitment to excellence. Perhaps more than anything, however, it was twenty-two years of praise and reinforcement that I was headed down the right path and that I was doing a good job. “That person” for me is George Rubin and I dedicate this article to him.

As we prepare for the Mentors Who Matter luncheon, I hope that you will honor those people who have made a difference in your life. Invite them to lunch; write a special thank you. Just as important, make a conscious decision to be one of “those people” for someone else.



MENTOR

Making time for questions; Explaining why even when the person doesn’t know enough to ask the question; Never losing sight of the big picture, you were there once; Teaching demeanor, persistence, patience, and all of the other things that don’t come in a book; Offering guidance but not insisting; Remembering, above all else, that you can make a difference.

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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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