ILNews

Leadership in Law 2013: David J. Cutshaw

Partner, Cohen & Malad LLP, Indianapolis Indiana University Robert H. McKinney School of Law

Back to TopE-mailPrintBookmark and Share

 

david-cutshaw02-15col.jpg (IL Photo/ Perry Reichanadter)

David J. Cutshaw is described by his peers as a tough litigator who aggressively advocates for his clients but also practices a great deal of civility in and out of the courtroom. His clients are often impressed by his approachability and empathy for their situations. In fact, one client who did not receive a favorable outcome in his case sent a letter to David thanking him for his work on the case involving the soldier’s wife. The client, a lieutenant colonel in the U.S. Marine Corps, included with the letter a U.S. flag flown in Afghanistan in David’s honor. For the last eight years, David has been heavily involved in the hundreds of trials involving Dr. Mark Weinberger of Merrillville, who is being sued for medical malpractice. David has been mentoring young associates at the firm for more than 30 years and is the “go to” guy for those seeking guidance in their practice.

If you could take a sabbatical from the law for a year to work your fantasy job, what job would you choose?
Major League Baseball umpire or do some acting in community theater.

What civic cause is the most important to you?
Take Justice Back: www.takejusticeback.com.

If a drink or sandwich were to be named after you, what would it be called and what would be in it?
I would name a sandwich “The Cut,” my nickname, which seems to have developed from my cut through the BS and get to the point persona. It would contain lean cuts of antipasto-type meats and cheeses.

If you could go back in time, “when” would you go to and what would you do?
I would go back to a certain football game in my college career and run a different route so as to not blow up my knee. Arthritic knees suck.

In life or law, what bugs you?
Lawyers and insurance companies delaying the inevitable. Too much time and money is dedicated to defending cases for which there is no defense.

What do you find scary?
The extreme polarization in politics today.

If you could pick a theme song to describe your life, what would it be?
“Breathe” by Pink Floyd, “Dark Side of the Moon.” Best line: “Don’t be afraid to care.”

Would a world without 24/7 technology be a good or bad thing?
That would be a great thing, as lawyers would have to talk to each other and get along without the nasty, immediate emails.

What advice would you give your 25-year-old self?
Stay intense and compassionate about what you do, but quit taking yourself so seriously.

What class in law school did you find the most difficult?
Property. I still have no idea what the Rule Against Perpetuities is.

If you could have one superpower, what would it be?
To read the minds of judges and juries would be fun.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

ADVERTISEMENT