ILNews

IndyBar: Interrogatories

Back to TopCommentsE-mailPrintBookmark and Share

Joel M. Schumm

Clinical Professor of Law, Indiana University Robert H. McKinney School of Law


He is a graduate of Ohio Wesleyan University, the University of Cincinnati, and the Robert H. McKinney School of Law. He served as a law clerk to Justice Theodore Boehm of the Indiana Supreme Court and Judge Paul Mathias of the Indiana Court of Appeals before joining the faculty at the McKinney School of Law. An award-winning scholar, he is Joel M. Schumm, and he has been served with interrogatories.



Q You’re an accomplished appellate advocate, but you were also an appellate litigant in the now-famous traffic infraction case of Schumm v. State. If you hadn’t represented yourself, who would have been on your short list to represent you?

A Indiana has many incredibly talented appellate lawyers, and I would have been lucky to have any one of them. Because I was appealing a $206.50 judgment, though, I would have chosen someone who would not have (1) told me I was completely nuts for pursuing an appeal or (2) caused me to take out a second mortgage on my house.



Q What advice do you give your students for navigating this incredibly difficult legal job market?

A Develop some connections by proving yourself though an externship or part-time job. Even in this tough market, I know many students who have landed permanent job through this route. That said, good (or at least respectable) grades, especially in legal writing, still matter for many jobs.



Q If you could change one thing about Indiana appellate procedure, what would it be?

A Electronic filing of briefs. My students have uploaded their writing assignments to an electronic dropbox for the past decade; I never touch a piece of paper in critiquing and returning them. I welcome the day I will not have to take each appellate brief to the printer, pick up the bound copies a few hours later, and then drop them off or mail them to the clerk’s office.



Q You’re a prolific author of appellate briefs, having participated in more than 100 Indiana appellate cases. Describe your writing process.

A I’ll briefly describe the process for briefs I write alone and then the process for cases in which I supervise students through the Appellate Clinic at the law school.

I read the record right away, make some notes, and ruminate about potential issues for at least a few days (sometimes during the morning run) before drafting anything. Some records present one or more strong issues; others require more rumination and ultimately some creativity. As I work through potential issues, I will do some legal research while drafting an argument. I always begin with the argument section but in cases with particularly helpful or important facts will draft the fact section fairly early in the process. The remaining sections are then pretty easy to draft. Before any brief is filed, I have someone proofread not just for typographical errors but also flow, clarity, and substance.

The process for cases in which I supervise students in the Appellate Clinic is a little different. Every student reads the record in every case and is instructed not to do any research. We meet as a group to brainstorm potential issues, and each student is then assigned his or her own case. Issues are winnowed based on research and further thought, and we usually go through at least a couple drafts before discussing a near-final draft as a class, which includes input from experienced appellate practitioners.



Q Which Indiana appellate judge would you most like to have a beer with and why?

A We are fortunate to have such an accessible group of appellate judges in Indiana. Lawyers are able to interact with them regularly at CLEs and bar association functions. Some of the most interesting discussion can be found over drinks the night before the Indiana Public Defender Council’s annual appellate CLE in May, which always includes at least one appellate judge as a speaker.



Q You were instrumental in the creation of the Indiana Appellate Institute, an IndyBar program modeled after Georgetown’s Supreme Court Institute that conducts moot arguments for advocates set to appear before Indiana appellate courts. What do you see as the future for the institute?

A I hope more advocates, especially those doing their first appellate argument, will take advantage of the Institute. We have a wonderful group of volunteer “judges” who spend time preparing for the argument, ask great questions likely to come up in the actual argument, and provide invaluable, constructive feedback. Professor Eugene Volokh, who mooted his Brewington argument before a panel that included Professor/Justice Sullivan, found the experience “tremendously useful.”



Q You are a guest-blogger at the Indiana Law Blog. If Professor Volokh invited you to also become a guest-blogger at the Volokh Conpsiracy, would you accept?

A That would be an incredibly flattering offer, which would be difficult to decline. I am somewhat spoiled in offering commentary for the ILB, though, because Marcia Oddi offers great feedback, editing, and (at times) filtering before anything I write is posted. (Related side note: I do not have a Twitter account. Some topics or phrases that seem like a good idea at first blush are best kept to oneself or a small group of friends.)



Q Is it easy for you to recognize the students who will be the most successful after graduation?

A Occasionally I am surprised. I view success in terms of professional satisfaction, though. A license to practice law offers enormous potential, and people take different paths in pursuing that potential. Depending on the individual, success might come through making partner at a big firm, landing an important political job, or making a difference in the lives of others through non-profit or governmental work.



Q What’s on your iPod?



A I use my iPod when running, so it has a variety of upbeat (no country) music spanning the last few decades.



Q How do you pronounce your last name? I have heard at least a couple variations.

A Rhymes with room—not rum. But I’ll answer to anything except scum.•

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT