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Leadership in Law 2013: David J. Cutshaw

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

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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.

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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