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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. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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