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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.•

____________

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. Living in South Bend, I travel to Michigan a lot. Virtually every gas station sells cold beer there. Many sell the hard stuff too. Doesn't seem to be a big deal there.

  2. Mr. Ricker, how foolish of you to think that by complying with the law you would be ok. Don't you know that Indiana is a state that welcomes monopolies, and that Indiana's legislature is the one entity in this state that believes monopolistic practices (such as those engaged in by Indiana Association of Beverage Retailers) make Indiana a "business-friendly" state? How can you not see this????

  3. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  4. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  5. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

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