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Letters to a New Lawyer: Building blocks for a successful legal career

February 16, 2011
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LetYoungLawHollingsworthAfter practicing law for nearly four decades, it is a joy to share some thoughts with new lawyers who are beginning their practice. These universal principles should provide building blocks for a successful legal career whether you are in private practice, a corporation, or government service.

1. Be inquisitive. One of the most enjoyable and helpful times in the practice of law is to talk over an issue or a sticky problem with another lawyer. It is amazing how fruitful a short discussion of ideas can be to give you assurance and confidence that you are on the right track. It also helps you avoid tunnel vision or a pitfall by missing an important point. Find a colleague where you work who will mentor you and who is willing to be your sounding board. This process is not confined to new lawyers. I still ask other attorneys in my firm for their input on a case, and I greatly appreciate their feedback and insights in working out a difficult issue. If you are in a solo practice or lack an internal mentor, take advantage of the mentoring program of the Indiana State Bar Association. Visit the ISBA website at www.inbar.org and select the Mentor Match option in the drop-down under ISBA Links. You will be glad you did.

2. Be prepared and be particular. “Winging it” in court, writing letters, drafting contracts, or taking depositions usually leads to trouble. Study your task and devote enough time to it to properly represent your client. Handle every matter entrusted to you with thoroughness and professional preparation. Sloppy work product with typing errors, spelling errors, grammatical mistakes, wrong facts or law, and poor appearance of the document will turn off judges, your clients, your assigning attorney, and your opposing party. Value your work product enough to proofread and cross-check again and again. If your task involves writing, remember the axiom of the late Paul H. Buchanan, judge of the Indiana Court of Appeals: “There is no such thing as good writing; there is only good re-writing.”

3. Be proactive. Respond promptly to all inquiries whether they are from your clients, your partners, the court, or other lawyers. Ignoring inquiries or phone calls just makes matters worse. You are better off communicating that you have not finished a task or do not yet have an answer than keeping the other party guessing in the dark. Remember the advice your mother gave you to do the hard stuff first. Often, a new attorney’s nightmare is the case or assignment that has been sitting on the desk far too long. This sage advice from Warren Buffett is posted on my computer: “One’s objective should be to get it right, get it out, and get it over. You see, your problem won’t improve with age.”

4. Be actively involved in bar organizations and a charitable or community organization. One of the most rewarding and career-enhancing things you can do is to be an active member of bar organizations. In Indiana, we are fortunate to have strong bar organizations such as the Indianapolis Bar Association, your local county bar association, the Indiana State Bar Association, the Defense Trial Counsel of Indiana, and the Indiana Trial Lawyers Association. They have sections and committees in many specific areas of practice where you will meet and work with other attorneys in similar practices. In some committees, you will meet attorneys with different specialties that you might otherwise never have the opportunity to know. It doesn’t do you much good to be a member of these bars unless you are willing to devote time to committee and section work. That is where you meet people, establish lasting relationships, become known to other members of the bar and, as a consequence, enhance your reputation. If your time permits, try to be active in at least one community or charitable organization. You will provide a service to the public good as well as become acquainted with some amazing people in the process.

5. Be courteous. Consistently be polite in your dealings with everyone: the court, the court staff, your clients, your firm’s administrative staff, and opposing attorneys. Act with dignity, civility, decency, and courtesy in all your professional activities and refrain from rude, disruptive, disrespectful, obstructive, and abusive behavior. Remember, it is possible to disagree without being disagreeable. Dr. Albert Schweitzer wrote: “Constant kindness can accomplish much. As the sun makes ice melt, kindness causes misunderstanding, mistrust, and hostility to evaporate.”

You will be well served in your new legal career by keeping these principles in mind.•

__________

Martha
Schmidt Hollingsworth is a retired partner of Bingham McHale in Indianapolis, practicing complex litigation and insurance law for 38 years. She is a past president of Indiana University School of Law – Indianapolis Alumni Association and Defense Trial Counsel of Indiana and has served on the boards of the Indianapolis Bar Association and Indiana State Bar Association. Contact her at mhollingsworth@binghammchale.com. The opinions expressed in this column are the author’s.

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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. 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.

  4. 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.

  5. 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)

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