South Dakota State Bar Association President -- Bob Morris

Young Lawyers President --Sarah Theophilus

January 2010

Inexorably As We Must . . . .
Professor John F. Hagemann
February 12, 1939 – December 13, 2009

This month’s President’s Page is dedicated to Professor John F. Hagemann, my professor, mentor, and friend for the past twenty four years.  I have not shared with very many people how John Hagemann became my professor, mentor and friend.  I think it is time I do so.  I will note that I have learned that others have similar stories, so I am not unique.

I was admitted to the USD School of Law in the fall semester of 1985.  It almost did not happen.  I am sure you all recall taking the LSAT.   You then submitted your application and materials to the Law School Admissions Committee.  I did the same.  We then waited for the letter.  I remember the day I received my letter from the Admissions Committee.  I was excited, yet fearful, of what message it contained.  I remember opening the letter and reading that I had not been granted admission but could apply for the summer screening program if I desired to do so.  My initial reaction was that I was a failure.  I do not recall being angry but, naturally I was disappointed.

I began assessing my options.  Prior to getting the letter I had been trying to plan for the possibility that I would not be admitted into law school.  I had been interviewing for full time jobs and not long prior to receiving the letter, had been offered a very good job with the State of South Dakota.  Now I faced a dilemma.  I wanted to be a good husband who contributed to our household so I desired the job and the paycheck that came with it.  On the other hand, I really wanted to attend law school.  If I took the job, law school was probably out of the question.  On the other hand, I could take the job in the meantime and if I was accepted into the summer screening program, I could then quit the job.  Then, hope I did well enough in the summer screening class to get into law school.   But what if I did not get into law school through the summer screening program?  I would have taken a job from someone else, then quit it, and be back to square one.  You can understand the quandary I felt I was in.

My wife Susan sensed my feelings and encouraged me to contact the Law School.  So I called and asked to speak to someone about my admission denial letter.  I was directed to John Hagemann.  I spoke with him, advised him that I had received the Committee’s letter, and explained that I would like to meet with him personally.  We arranged to meet at the Law School.  Although he agreed to meet with me, he cautioned me that there was little he could probably do and it was the Committee’s decision to make as to whether they would re-evaluate my application.

Within a few days I traveled to Vermillion.  I dressed up in a sport coat (I did not own a suit), pressed shirt, tie, dress slacks, and my dress cowboy boots, recently polished.  I remember taking a brief case.  Why, I don’t know.  I guess I thought it made me look professional.

I met John Hagemann in his office.  I think it was a Thursday or Friday. I explained my situation.  His presence was intimidating, yet he made me feel comfortable enough that I could converse with him.  I acknowledged that my grades for the first year of college were nothing to write home about but, after I married my college grades improved dramatically.  I acknowledged my LSAT score was not very good but, I was not a very good standardized test taker.  He pointed out that the summer screening program was an option.  I explained my dilemma with that and my strong feelings about taking a job, quitting it, and then going through the summer screening program.  He was a good listener.

Our meeting probably lasted 20 minutes.  He advised me that he would talk to the Committee but was not very optimistic that anything would change.  He advised he would get back to me the following week.  His tone and demeanor was less than optimistic or enthusiastic.

The following Tuesday I received a call from John Hagemann.  The call was brief – “Mr. Morris, I am pleased to advise that you have been accepted into law school.  Please don’t let me down.”   I tried to thank him profusely, but he would have none of it.  He said something to the effect -- “Don’t thank me.  The Committee took another look at your submissions.  You should thank them.”

Once I started law school, you can imagine the pressure I felt.  The old saying “Be careful what you wish for” came to mind.  John Hagemann had listened to me and the Admissions Committee let me into law school.  What did I get myself into?  I commuted to law school from Sioux Falls and worked very hard hoping to not let anyone down  --  especially John Hagemann.  At graduation, I realized that there were two people who made graduating from law school possible.  My wife Susan, whose encouragement and support allowed me to focus only on law school, and John Hagemann, who listened to me and along with the Admissions Committee took a chance on me.  I learned some years later that John Hagemann’s role in my admission to law school was significantly greater than he had let on.  Again, as I have learned, my story is not unique.

John Hagemann technically became my friend and mentor after I left law school.  Often, I sought his sage advice and direction.  He never gave it.  John Hagemann never told you what you should do; how you should do it; or tell you not to do something.  Instead, he would mentor you with his musings, library of quotations, or stories.  This was his way of allowing you to decide the path to choose on your own.  

John Hagemann was one of a handful of lawyers who encouraged me to run for State Bar President.  He told me he would run for Bar Commissioner and we could serve together.  At the time of his death, he was serving the last year of a three year term alongside me while I served as State Bar President.   Although I think very highly of all the Bar Commissioners I have served with, he is on the top of my list.

John Hagemann was the inspiration for the Mentor Coin Project.  I consulted with him about the concept and he felt strongly that having something tangible – a coin – would make the project successful.  In July 2009, at the Clay Union Bar meeting at Whimp’s Place in world famous downtown Burbank, South Dakota, I gave him my Mentor Silver Coin in recognition that he was my “classic mentor” – the one who I could always seek guidance from and whom I was indebted to for many things.  Tears came to his eyes when I presented the coin to him.  Scientia et Amicitia – Knowledge and Friendship.  He understood and was moved by the meaning.

The evening before the October 2009 Bar Commissioner meeting in Rapid City, we had dinner together at the Outback Steakhouse.  He bought.  We had a grand meal and a grand time.  When it came time for dessert, the waitress was raving about the Peanut Butter Pie.   He passed on the pie but encouraged me to have a piece.  I did and it was huge!  It was also fantastic.  Problem was – I did not sleep all night because I had such a peanut butter high.  We had coffee the next morning and he got a kick out of the fact that I had overdosed on Peanut Butter Pie.  That October 2009 Bar Commissioner meeting was the last time I saw John Hagemann, even though we spoke or exchanged many e-mails between then and his passing.

The news of his passing hurt.  I had not felt that way since the day I received the call from my Mom, over twelve years ago, telling me my Dad had died.  John Hagemann meant that much to me.  Many others have told me they feel the same way about him.

I was honored and privileged to be asked to speak at John Hagemann’s Memorial Service on December 19, 2009 held at the Muenster University Center in Vermillion.  Judging by the crowd and the words of the others who spoke at the Memorial, the man was loved and revered by many.  Is there any wonder why?  

It is estimated that approximately 2,700 lawyers passed through the USD School of Law in his forty-one (41) years at the Law School.  Chief Justice Gilbertson, a former student of John Hagemann, noted “His monument isn’t a building or a statue or anything like that – it’s a system.  The legal system in this state is a much better system for having John Hagemann train the bulk of the lawyers and the judges since 1968.”  How is that for a legacy?

Charles Caleb Colton said “In life, we shall find many men that are great, and some men that are good, but very few men that are both great and good.”  John Hagemann you are both a great and good.  We will miss you greatly.  I will always think of you when holding a Mentor Coin – or when I have a piece of Peanut Butter Pie.

YOUNG LAWYERS PRESIDENT MESSAGE

The YLS would like to thank all of you who have donated to the YLS Holiday Donation Drive recipient Honor Flight South Dakota.  Your support has made this a record breaking year for the Holiday Donation Drive.  While we do not have a final total yet, we are fortunate to have an anonymous donor who has agreed to match our funds raised dollar-for-dollar, up to $3,000. 

The YLS Mentorship Coin Project Committee is in the process of matching mentors with mentees.  If you have submitted an application to be a mentor or a mentee, you will be hearing from us soon.  If you haven’t submitted an application as of yet and would like to do so, please send me an e-mail.

The YLS will be sending four Board members to the ABA YLD Midyear Meeting in Orlando, FL in February 2010.  Stacy Johnson from the 5th Circuit and Secretary/Treasurer Francy Foral will be serving as the South Dakota Delegates to the ABA YLD Assembly. 

Finally, the next meeting of the YL Board of Directors will be held on January 7th at the USD School of Law in Vermillion, SD.      

Best,

Sarah Theophilus