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ITLA chief seeks bridge between young and veteran lawyers

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Indiana Lawyer Focus

Fresh out of high school, Mark Scott landed a job in a law firm. His primary task was to sift through all of the files – dating back to the 1940s – housed in the upstairs storeroom.

“As you can imagine, it wasn’t exactly scintillating work, so I decided I’d read everything. I read everything, and I was just enthralled,” Scott said. “I was just a gopher there, making $4.25 an hour, and I’d spend sometimes a day at a copy machine making copies, pulling vines off a building. I’ve done every job in a law firm, from mopping the floors to running a firm,” he said.

scott Scott

Scott has come a long way since then. In May, the Kokomo personal injury attorney began his tenure as president of the Indiana Trial Lawyers Association.

His agenda

Scott said one of his initiatives as president will be to bridge the gap between the established, veteran members of the ITLA and young lawyers.

“We’ve been really blessed with an active young lawyers section, and obviously young lawyers are our future for the ITLA and for the bar association as a whole, so we want to continue to reach out to young lawyers … and identify those people who are qualified for leadership positions,” he said.

Scott, at age 46, might be the youngest president of ITLA. Micki Wilson, ITLA executive director, said he’s the youngest president since she took the helm in 1978. Scott remembers feeling a bit intimidated in the presence of seasoned lawyers when he was new to the profession, and he thinks veteran lawyers have a lot to offer young attorneys.

“We don’t graduate from law school and become successful trial lawyers; it’s a process that happens over the course of many years, and like everything else, it’s a trial-and-error experience,” he said. “As senior members, we’ve already been down that road; our ability to reach out and help young lawyers avoid some of those pitfalls is critical to their success.”

Another priority for Scott is striving for diversity in the ITLA and becoming a regional go-to source for continuing legal education seminars like the one ITLA hosted last year.

“Last summer, we were the first sponsor of a regional CLE for trial lawyers here in the Midwest and contiguous states,” Scott said. The ITLA worked with other trial lawyers’ associations to bring nationally known trial lawyer and author Rick Friedman to Indiana for a two-day seminar.

Scott also wants to look at the technological infrastructure of the ITLA and make sure that it has the equipment and capabilities to perform tasks efficiently. Along those lines, he’d like to identify ways for the website to be more interactive, allowing for online dues and CLE payment.

Lessons learned

Asked what he has learned from past ITLA presidents, Scott laughed heartily and said, “The goals a president sets for himself at the beginning of his or her term often go quickly awry.”

He explained that any number of unexpected developments can derail plans.

“It is a fluid process, and we don’t know what’s coming down the pike in the General Assembly, a decision from the (Indiana) Court of Appeals or Supreme Court … obviously when a decision like Stanley v. Walker comes down, that has a wide impact on our members and the people we represent,” he said. Scott, who was chair of the ITLA’s Amicus Curiae Committee from 2005 until January 2012, wrote amicus briefs in Stanley v. Walker. In that case, the injured party – Danny Walker – had introduced his original medical bills totaling $11,570, but as a result of negotiations between Walker’s health insurance company and medical insurance providers, the total was reduced by $4,750. While the trial court held that Walker did not have to show the discounted amount, the Indiana Supreme Court remanded for a reduction of Walker’s damages, in the amount of $4,750.

Lonnie Johnson, president of the Defense Trial Counsel of Indiana, sees a promising young leader in Scott.

“ITLA has a long tradition of selecting presidents respected by all members of the bar and dedicated to civility and maintaining the integrity of our shared legal system, and consistent with this tradition, Mark Scott is well known and respected by all members of the bar,” Johnson said.

Scott is an avid fisherman who enjoys writing poetry and playing drums. “I am the poster child for a liberal arts education,” he said.

He earned his law degree at Indiana University Robert H. McKinney School of Law after graduating from Wabash College.

Scott said neither of his parents attended college, nor could they afford to send him to Wabash. So he applied for and received a Lilly Scholarship – an award that covers tuition and room and board for four years at Wabash – and this year it is estimated to have a value of $170,000. Because of the opportunities that scholarship created for him, Scott said he has enjoyed helping to review applications for the Lilly award. “It’s a tremendously uplifting experience,” he said.•

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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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