The Litigation Associate Attorney position is at the Wilhite and Associates Law Firm, P.C. located in an upscale office in Carmel, Indiana with state-of-the-art technology and equipment. 

  

THE FIRM’S PRACTICE 

Wilhite and Associates Law Firm, P.C. is a targeted niche boutique law firm representing the professionally managed or owned multi-family housing (apartment) industry, typically national and regional clients. The founder started practicing law in 1984. The firm was founded in 1995. The firm continues to grow its client base regularly, but the majority of clients are long term, typically decades. 

 The firm is litigation-centered, plaintiff and defendant, in both Courts and administrative forums. Fair Housing is the firm’s niche within its niche, both educating and best practices limiting risks pre-litigation and substantial Fair Housing discrimination defense litigation. Managed largely through non-lawyers, the firm has a large volume of evictions litigation, including providing the Associate Attorney a substantial volume of in-Court experience. The firm’s non-litigation matters are also limited to the multi-family housing industry, but that industry has a wide variety of legal needs beyond litigation that the firm provides. 

With Fair Housing there is a lot of guidance to clients involving requests for Reasonable Accommodations. There is guidance on various types of often government involved properties. There is contract including leases reviews and revisions and writing. There is some involvement with injuries and premises liability including because of insurance coverage issues. 

While the firm has and continues to steadily grow as measured by the number of units represented by our client base, because we limit our practice area and limit the clients we accept, our relatively small size allows us to be nimble, fast and efficient.  

The firm’s “Play To Win” brand is not just some marketing idea. It is in fact the instinctive culture of the firm. We represent demanding sophisticated clients who expect us to litigate aggressively, often in complex challenging matters. We take the cards dealt and find a way to win with them. We don’t give up. We don’t accept “No”, “It can’t be done”, or “That’s never happened before” as answers. We are creative. Everything we do has a purpose as part of a conscious strategic plan. We have the will not only to win, but also the will to prepare to win. Yes, just like the famous Apollo 13 line, our attitude is failure is simply not an option. We Play To Win ! 

   

TRAINING AND DEVELOPMENT 

 Initially, the Associate Attorney receives the firm’s overall onboarding process. That initial process includes a thorough collection of materials to organize teaching and exposure to systems and firm concepts. The initial onboarding is presented by multiple people, with the big picture philosophies and cultures taught by Jeff. The structured onboarding covers everything from the “big pictures” to policies to the Case Management Software Practice Panther to how to make photocopies. Professional training includes of course written materials such as outlines and resources. But more importantly, development includes one-on-one training with Jeff, often at a dry erase board, on concepts and strategies and techniques. Continuing CLE can be in whatever areas the attorney wants, but often geared towards litigation and Fair Housing. 

 The firm provides significant litigation training and development. The firm’s founder has always been a civil litigator, for four decades, with three decades in the multi-family housing industry niche. Jeff has substantial jury trial experience. Jeff is by background (and nature) a trial attorney. Knowing he wanted to be a persuasive litigator, he received a bachelor’s degree, with distinction, in psychology from Indiana University, Phi Beta Kappa, where he also received several national debating honors. He then received his law degree from Indiana University, Bloomington.  

  Jeff has both a passion and decades of experience teaching litigation and trial techniques. Jeff has been a Board Certified Trial Attorney, National Board of Trial Advocacy and been on the faculty for the National Institute for Trial Advocacy. Jeff has coached a lot of debate and is himself a former Big Ten Tournament Best Speaker. Not surprisingly then, Jeff of course in law school did Moot Court and Trial Team. Jeff has a lot of knowledge with evidence rules both textbook and uses in trials and authored a Trial Evidence CLE for ICLEF. 

 Beyond substantive nuts and bolts litigation training, there is guidance on how to win. Jeff has a degree in psychology and training and experience in the social sciences concerning principles of persuasion, both face-to-face communication (including juries and witnesses) and written communication. Principles include open versus leading questions, primacy and recency, and K.I.S.S. (Keep It Simple Stupid) (yes that means your writing style would become simple and to the point). 

 RESPONSIBILITIES 

  •  After his/her period of onboarding, the Associate Attorney will be responsible for his or own matters though the firm is collaborative, including encouraging routinely communicating and brainstorming and asking for ideas and guidance from Jeff. 
  •  All phases of litigation and pre-litigation 
  •  Preparing pleadings, motions, briefs 
  •  Investigation, finding and developing facts and evidence. A good litigation practice is largely an investigation practice. Conduct investigations including witness interviews and affidavits 
  •  Communications with witnesses 
  •  Communications with Courts 
  •  Communications with opposing attorneys 
  •  Direct client contact (phone, email and sometimes in person) with significant clients, both on ongoing matters and questions from clients seeking advice 
  •  While once there is litigation the firm is aggressive to win, pre-litigation there are daily opportunities and needs to teach clients best practices to avoid litigation and liability risks 
  •  Reviews and analysis of an abundance of documents including contracts and leases, simple and complex 
  •  Legal research including statutes, regulations, case law, rules of evidence, rules of civil procedure 
  •  Persuasive writing 
  •  Communicate clearly and persuasively orally and in writing to Courts and agencies 
  •  Preparation of written Discovery 
  •  Responding to written Discovery requests 
  •  Prepare for trials including witness preps and outlines, exhibits, subpoenas, evidence and motions 

 Depending on the previous experience of the incoming associate, the firm will early on give the attorney exposure to hearings (and mediations, depositions, settlement conferences), first observing, but as early as possible sharing the representation and as early as possible taking the lead with Jeff present, then appearing without Jeff. The timeline for that transition is unique to the associate attorney’s experience and mutually agreed progression. The firm’s goal though is to cause the associate attorney to appear alone as early as possible, but never causing any fear that the associate attorney is not fully prepared and supported.  

 Forums that the associate attorney would early on appear in would include courts throughout the state including the Marion County Township Eviction Courts, Indiana Civil Rights Commission (Jeff is licensed in Indiana and Kentucky but has regularly been admitted Pro Hac Vice in other jurisdictions for the firm’s national clients.) 

 Jeff of course ultimately directs and leads the firm cultures and work, but the bulk of the “real work” and impressing clients is executed by team members, not Jeff. Our history of winning and reputation among clients is because we are a “firm” with depth, beyond just Jeff. The firm’s business model is to spread responsibility to case managers. Even if a client might at first want more direct Jeff access, our aspiration is to transition them to be comfortable with you. In the context of a long tradition of a successful law firm, the position is “on the front line’ with an experienced litigation mentor there.