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IBA: I Wouldn't Practice Law Without...

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By Julie Armstrong

When was the last time you thought about how you practice law. I don’t mean a personal ethics review or an evaluation of your business plan. Instead, when was the last time you gave thought to what makes the practice more enjoyable, easier, or even possible for you. I recently asked a diverse group of Indybar members how they would complete the phrase, “I wouldn’t practice law without…. The responses I received were as varied as the lawyers who replied.

Some responses were practical:

Steven Peters, partner/litigator, Harrison & Moberly: ...my form file. I have developed this over 30 years. It consists of forms on the computer and in three file cabinets in my office. It has some of my “greatest (legal) hits” including complaints, answers, motions, briefs, jury instructions, depo outlines and the like. It also has a list of all my published cases and appellate briefs from over 100 appeals in Indiana and other jurisdictions. It is a handy reference and is usually my starting point when working on a project. My partners and friends know I have good forms and it is a quick starting point for their projects. Recently, a partner needed to quickly draft and file a federal interpleaded complaint with related motions, and I had those in my forms file from a case I handled 10 years ago. A word of caution about forms: always make sure that they are updated as needed to comply with substantive and procedural rules.

Aaron Freeman, criminal defense attorney, Ladd Thomas Sallee Adams & Freeman: I would not practice law without my…..cell phone. I have no idea how lawyers used to do it.  I use my cell phone for everything.  My calendar, my contacts list, sending e-mail, sending texts, and making calls.  My cell phone allows me to stay in touch with the office, despite where I may be.  I could not imagine trying to practice without it.

Joel Nagle, associate/litigator, Tabbert Hahn Earnest & Weddle: I’m sure this isn’t the most exhilarating response, but I would say West’s Indiana Digest.

Some responses were notes of gratitude:

Vanessa Villegas Lopez, solo practitioner. I wouldn’t practice law without my paralegal Laura. The day she finishes her PHD I’m in big trouble. A lawyer is only as good as his or her staff. I have been blessed with an articulate self motivated dedicated paralegal. As a solo practitioner a strong staff is they key to success in this profession. I have learned that Spa days are always appreciated and no matter what you have to find a way even in this hard economy to give good raises.

Tom Ruge, partner/immigration & international law, Lewis & Kappes: …being in a firm with colleagues who have the enormous professional pride our attorneys have, and with support staff who are consistently considerate of client’s needs and who are tolerant of my many faults and idiosyncrasies.   

Tammy Meyer: partner/litigator, MillerMeyer. A good legal secretary and paralegal. the good mentors I have had; a sense of humor; my best partner ever - Gary Miller.

Jeffrey Abrams. partner/transactional attorney, Benesch/Dann Pecar. I wouldn’t practice law without a top notch assistant.  One assistant who was with me for over 15 years before she retired got mad if I called her anything but a secretary.  Old school way of thinking, but she was outstanding.  I have had other great assistants during my career and they are my partner in providing quality service to our clients.

Jana Matthews, solo practitioner. J. Matthews Legal Group. I wouldn’t practice law without helpful experienced attorneys who have been/are willing to help solo practitioners like me maneuver through real life lawyering. Anytime I have a new case there have been attorneys willing to help me get started or serve as confirmation that I am on the right track. Their willingness to assist has been awesome.

Some responses were surprisingly similar:

Jeffrey Dible, partner/estate planning & tax, Frost Brown Todd: I wouldn’t practice law without a sense of humor. Not necessarily my sense of humor, which misses as often as it hits. But we lawyers, as trained communicators, can and do use humor to illustrate points succinctly, to dispel some of the tensions and pretensions in messy situations, and to show that we don’t take ourselves too seriously. It’s no accident that most of my favorite quotations about the law are both funny and true, such as Frank Zappa’s “The United States is a nation of laws: badly written and randomly enforced.”

Melissa Avery, partner/family law, Avery & Cheerva: having great lawyers around me that have a good sense of humor. Whether it is the other lawyers in my office or my comrades working on bar association projects, it is the people I work with that make practicing law fun and help me get a much needed laugh when things get stressful. That is what makes it all worthwhile!

Eric Schmadke, staff attorney, Marion County Prosecutor’s Office: I wouldn’t practice law without a sense of humor. “Ridentum dicere verum quid vetat?”   I agree with Horace when he opined, “What prevents me from speaking the truth with a smile?”  If you let the seriousness of the issues soak so deep into your soul that you can’t remember the last time you really enjoyed your work – then it’s time to leave the practice of law.  I also wouldn’t practice law without a tie, great colleagues, a jury of my peers, enigmatic Latin phraseology, or a Westlaw password. 

Others were simply touching:

Mark Owens, partner/bankruptcy law, Barnes & Thornburg: I wouldn’t practice law without a supportive family who understands the pressures and time commitments of the practice of law.

Kathy Osborn, partner/appellate litigator, Baker & Daniels: . . . the support of my sister, mom and mother-in-law who lovingly and skillfully care for my kids when my husband (also an attorney) and I have to work late or attend events.  My kids get to have the individualized alone time with their aunt and grandmothers I want them to have in any event.  And the icing on the cake is that my sister is an elementary school teacher and media specialist, my mother-in-law is the librarian at the Indianapolis Hebrew Congregation, and my mom is an avid reader, so there always is an educational component to their oversight!   

John Hoover, partner/litigator, Hoover Hull: I wouldn’t practice law without a picture of my mom to look at on my desk.  She demanded excellence in all endeavors, and she imbued in me manners, hard work, and a batch of southern colloquialisms, all of which I try to embrace on a daily basis in my law practice.

Take a moment to ponder the phrase, “I wouldn’t practice law without.... It might change your whole day or someone else’s.•

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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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