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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. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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