What Lawyers Can Learn About Professionalism from Atticus Finch

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1 What Lawyers Can Learn About Professionalism from Atticus Finch Texas Land Title Institute December 2 3, 2010 Talmage Boston Winstead PC 5400 Renaissance Tower 1201 Elm Street Dallas, Texas Direct Fax tboston@winstead.com

2 Talmage Boston Shareholder 5400 Renaissance Tower 1201 Elm Street Dallas, Texas Direct Fax Talmage Boston has been a member of Winstead's litigation practice since joining the firm in His practice involves all aspects of dispute resolution in commercial transactions. With more than 30 years of business litigation experience in Dallas, Talmage has tried jury cases and argued appeals all over Texas in both state and federal courts. Talmage is board certified in both Civil Trial Law and Civil Appellate Law by the Texas Board of Legal Specialization. He also devotes a portion of his practice to serving as a mediator. Talmage served as the Chairman of the Litigation Section for the State Bar of Texas and as the Chairman of the Council of Chairs for the State Bar. For his leadership activities, he has received a State Bar of Texas Presidential Citation Award every year from Beginning in June 2008, he began his 3 year term as a member of the Board of Directors of the State Bar of Texas. He also is a past Chairperson of the Business Litigation Section of the Dallas Bar Association. During the past thirteen years since joining Winstead, Talmage has been one of the most sought-after seminar speakers at State Bar and Dallas Bar Association litigation seminars, speaking on the following topics: electronic evidence, summary judgment practice, "Dos and Don'ts in the Courtroom," arbitration, alternative dispute resolution and a wide variety of litigation ethics topics. Practices Commercial Litigation Appellate Energy & Environmental Law Industries Energy Bar Admissions Texas, 1978 U.S. District Court for the Northern, Southern, Eastern and Western Districts of Texas U.S. Courts of Appeals, Fifth Circuit and Federal Circuit Education University of Texas School of Law J.D., 1978 Legal Research Board Board of Advocates Representative Experience Attorney of record in 21 published opinions, including two arguments each to Texas Supreme Court and United States Fifth Circuit Court of Appeals Extensive first-chair jury trial experience in real estate, banking, energy, business fraud, construction, intellectual property, condemnation, consumer protection and contractual disputes University of Texas at Austin B.A., Economics, 1975 cum laude Phi Beta Kappa Omicron Delta Kappa Handled major lawsuits in the last five years for Bank of America, GMAC Commercial Mortgage, Fannie Mae and ORIX Capital Markets, LLC Professional & Community Involvement State Bar of Texas (Board of Directors) Dallas Bar Association (Council, Business Litigation Section) Dallas Morning News, Park Cities People and Dallas Business Journal newspapers (Frequent Guest Columnist and Book Reviewer) George W. Bush 1994 Texas Gubernatorial Campaign (Authored Position

3 Paper on Tort Reform) SMU Athletic Forum (Director) Bobby Bragan Youth Foundation (Director) DFW Chapter Society for American Baseball Research (Director) World Affairs Council of DFW (Board of Directors) Maguire Center for Ethics and Public Responsibility at SMU (Director) Awards & Recognition Texas Super Lawyers, Top 100 in Dallas/Ft. Worth (2010), Texas Monthly, (profiled in October 2005) The only lawyer in Texas to receive the State Bar of Texas Presidential Citation Award from Featured in Dallas Morning News "High Profile," 2005 Inducted into the Texas Baseball Hall of Fame, (Media Member for baseball history writings), 1997

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5 Atticus Finch A Model of Professionalism for the Modern Lawyer Talmage Boston Winstead PC th Annual Texas Land Title Institute Dec 2-3, 2010 San Antonio, Texas TO KILL A MOCKINGBIRD The Story Line As It Relates To Legal Professionalism Small town of Maycomb, Alabama Depression Era A time of widespread and dramatic racial discrimination Tom Robinson, a black man, is accused of raping Mayella Ewell, a young white woman Atticus Finch is appointed to represent Tom in a jury trial, with an all white jury Jean Louise Scout Finch Narrator of the story. Daughter of Atticus

6 Tom Robinson A truly decent, hard working, good man, falsely accused of raping a young white woman Traits ascribed to him: Atticus Finch Honorable Ethical Strong Courageous Compassionate Moral Just Noble Small town single father lawyer appointed to represent Tom Robinson Jem Finch Son of Atticus. Keen observer/admirer of his father

7 Dill Harris Summertime friend. Entertaining storyteller. Mr. Cunningham A poor farmer who Atticus represented in an unrelated matter; allowed to pay when and how he could entailments Mr. Ewell Father of the victim and true perpetrator of the beating

8 The Wisdom and Professionalism of Atticus Finch Representation of the poor. It s not about the money Courage - Seeking a fair trial and justice, even though a client or cause may be unpopular Seeing issues from the perspective of both sides and understanding the opponent s point of view The Wisdom and Professionalism of Atticus Finch The value of maintaining a calm professional demeanor in the face of extreme action or provocation by the other side Belief in our system of justice Providing Legal Services To The Poor

9 Defending an Unpopular Cause Written in the vernacular of the time to reflect the tragedy of racism at the time. Apologies in advance for the offensive language. Seeing Both Sides Of The Issue If you can learn a simple trick, Scout, you ll get along a lot better with all kinds of folks. You never really understand a person until you consider things from his point of view until you climb into his skin and walk around in it Finch Meets Alleged Victim s Father Seeking Justice In The Face of Adversity

10 Calm Professionalism and Basic Human Values Tame A Lynch Mob TO KILL A MOCKINGBIRD By Harper Lee Real courage is when you know you re licked before you begin, but you begin anyway and see it through no matter what. Belief In Our Court System But there is one way in this country in which all men are created equal there is one human institution that makes a pauper the equal of a Rockefeller, the stupid man the equal of an Einstein, and the ignorant man the equal of any college president. That institution, gentlemen, is a court. Our courts have their faults, as does any human institution, but in this country, our courts are the great levelers, and in our courts, all men are created equal.

11 Faith In Our System of Justice Stay Professional Don t Stoop to Their Tactics See if you can stand in Bob Ewell s shoes a minute. I destroyed his last shred of credibility at that trial, if he had any to begin with. The man had to have some kind of comeback. His kind always does... He had to take it out on somebody and I d I d rather it be me than that houseful of children there.

12 TO KILL A MOCKINGBIRD Harper Lee And The Real Life Characters Upon Whom The Book Is Based Jean Louise "Scout" Finch Harper Lee Atticus Finch Harper s Father, Amassa Lee

13 Tom Robinson Walter Lett Dill Harris Truman Capote In Closing One Final Scene A Goal We Can All Strive For

14 Miss Jean Louise, Stand up. Your father s passing ATTICUS FINCH Thank You For 50 Years of Inspiration

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