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Letters to a new lawyer: Some general advice

October 27, 2010
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Indiana Lawyer Commentary

By Donald D. Doxsee, Esq.

Just prior to my graduation from law school over 45 years ago I received a complimentary booklet from the West Publishing Company entitled “Letters of a Lawyer to his Son” by Ewart Harris. I found it helpful in starting my practice. The law has changed a great deal since I received that booklet. I thought it might be useful to the starting lawyer today for a new set of letters. Indiana Lawyer will contact lawyers around the state and ask them to write a letter of advice they would give the new lawyer on their area of the practice of law. Like all advice you should take from it what is useful to you. We hope you find the series helpful.

You either have or you are about to enter a proud and honorable profession with a long history going back hundreds of years. I have often joked with my medical friends that the law was a learned profession when their predecessors were still cutting hair and putting leaches on people (the red and white barber pole of the middle ages indicated that it was a place where one could get medical attention). Some people will quote to you the line from Shakespeare’s “King Henry VII,” “The first thing we do is kill all the lawyers.” You should remind them that Shakespeare put these words into the mouth of a villain attempting to seize power illegally. Our profession stands as the guardians of the rule of law and the protectors of rights.

As you enter the practice you will have to decide how you want to practice. This may involve some trial and error in your early practice as you find out what you like and what you do not like to do. You may wish to put out your own shingle and practice solo, join a small firm, join a large firm, work for a corporation, or become a government attorney. You may also decide that you want a general practice or you may wish to specialize. Later letters will cover many of these types of practice.

Whatever you do, I cannot stress too forcefully to be polite, kind and considerate of other people–not just to those in your profession. Just because you are now a lawyer, you are not that special. In conversations with court staff, court reporters and workers in the court clerks’ offices and other non-lawyers, I have learned to my surprise that a few attorneys who have always been polite to me are rude and demanding of them. I learned early in my practice how important it is to be polite and admit that you are not sure of the proper form or procedure. I spent a few years working in the Office of the Indiana Secretary of State and observed that attorneys who tried to bluff their way with staff in filing papers which were clearly wrong got sent back to their offices to do them right. However, I saw clerks actually re-typing papers for those who were polite and admitted they were not sure they were using the proper form.

Regardless of how you practice, your word in this profession is your bond. If you say you will do something, do it. If you tell another attorney you will provide him or her with copies of certain documents, provide them. If you tell the court a fact or cite a case in support of your argument, make sure it is true. If you do not, it quickly gets around the profession and the courts that you are not trustworthy. You will run into attorneys who are either forgetful or dishonest in keeping their word. You will quickly become aware of them and deal with them according: with the former, by a written reminder and with the latter by the use of the discovery procedures in the court rules.

In Harris’ letters to his son he recommended keeping three records. I found this advice to be very useful. One is a list of all your current files with notes on what needs to be done next and any deadline dates. The second is a full page day calendar of all your appointments on which you should also note the days on which filing, court and other deadlines fall. Finally a pocket calendar you carry with you that has all your trial and hearing dates. Today, of course, the computer literate carry with them a little pocket computer in which you have downloaded all of that information. I keep my list of current cases up to date and review it frequently. This helps me avoid missing court dates and deadlines.

In your spare time, read the advance sheets or other service that advise you of recent state appellate court decisions. Also, in your computer, keep notes on cases and statute citations that you find important in your areas of practice. I started this early in my practice when I discovered that could not find cases I had recalled reading about. I keep all the notes in a single computer document by subject matter. This allows me to do a computer word search as well as a subject search. Before computers, I kept this in a notebook, but computers are better. My first note was the citation to the deadman statute, because my statute books at that time did not index the citation under that term and I had trouble finding it before putting it in my notes.

While the law is a means to earning your living and supporting your family, you must always remember that your professional obligation is to your client first and earning money is second. Some of your work will be pro bono and some of it may end up becoming pro bono. Always give your client the advice he needs, not the advice that will make you money.

The law is a demanding profession both in time and in intellect. Lawyers seem to have higher divorce rates than the public at large. Make sure your spouse understands the demands of the profession, but also make time for your family and to have interests outside the law.•

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Donald Doxsee is a 1963 graduate of the Indiana University School of Law, a past president of the Allen County Bar Association and is in the private practice of law in the association of Williams Williams & Doxsee. The opinions expressed in this column are the author’s.

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  1. 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.

  2. 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.

  3. 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)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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