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IndyBar: Civility. Courtesy. Respect. Professionalism.

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iba-getting-along-logoThese are words that should be synonymous with “Advocate” but in a world of high stakes, strong opinions, and a general, societal decline in basic manners, how can attorneys fight the good fight while living up to these ideals – especially if the other side doesn’t? We set out to find examples of lawyers who model the way while providing excellent representation.

Getting Along is Not Wrong, an initiative of the IndyBar Standing Committee on Professionalism, is the impressive collection of such positive and compelling behavior. Check out the debut entry below, and find new installments online at indybar.org/blog.

‘Winning’ by ‘Losing’

Hon. Steven H. David, Indiana Supreme Court


The Chronological Case Summary reads: “Pre-trial conference held to discuss Defendant’s Motion to Continue Trial. Discussion held. Counsel for Plaintiff strongly objects to the Continuance. Motion to Continue is granted over objection and matter is reset for a first-choice trial on…”

Want the rest of the story? The trial was set on a day that the defense counsel had longstanding plans to be on vacation. He made it clear in his motion that his vacation was the conflict and the reason for the Motion to Continue. The plaintiff was livid and wanted the case to proceed to trial on the day scheduled. The plaintiff’s counsel asked for a pre-trial conference to discuss the matter rather than filing a written objection to the Motion to Continuance. Respecting the defense counsel’s desire to go on vacation, she did not want to oppose the Motion to Continue, but her client demanded that she “fight it.” All of this was discussed during the telephoned pre-trial conference between counsel and the judge. The Chronological Case Summary set forth above was then issued.

The defense counsel got his continuance. The plaintiff’s counsel “lost” her objection but “won” enhanced respect of the opposing counsel and the court. The plaintiff, while not happy with the trial judge’s ruling, got to read the CCS entry and was at least happy with his attorney’s effort in “opposing” the motion. Oh, and by the way, while on the telephone, a new conflict-free date was set for the trial. It did go to trial and was one of the best-tried bench trials I ever presided over.

Getting along is not wrong. Professionalism and civility is good business.•

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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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