By Eileen Burkhalter Smith  

I have been floored by some of the things older lawyers, and even judges have said to me when appearing in Court.  Certainly, each local bar has its quirks—both  procedurally and substantively.  It goes without saying that the practice in each Courthouse is different and the bar “habits” are often intimidating to out-of-towners.  For example, it is hard to know even the most basic procedures—will the Judge call a docket once through before hearing cases, or hear them as he goes?  Can I pass my case to the end of the docket?  Does counsel actually sit in front of the bar, or do they remain in the gallery?  Should I try to have coffee with the judge in chambers with all the locals before court?  What about arguing—should I use the podium, or stay at counsel table?       

I find some of these things to be far more intimidating than actually arguing a motion or trying a case.  The only way I have found to make myself more comfortable is to ask around—even asking opposing counsel.  Has anyone appeared before this judge before? What about this Court’s docket call?  If it is a big motion or trial, the best thing to do is check out the Court and Judge a week or so before.  Try to sit in on one of his or her motion days.  I know this is regularly recommended for appellate arguments, but I think it is effective for even small-county Court appearances.  The other thing that helps is to ALWAYS plan to get to Court early if you are unfamiliar with the area.  Nothing like showing up at the Courthouse minutes before docket call, when Court has been moved to the brand new Judicial Center!  I think being a young lawyer can be like traveling to a different county.  You can’t really hide who you are (or that you come from a different area) but knowing some of the basics makes it a lot easier...and can help you try to avoid drawing the surprise of the locals. 

We would love to hear your stories.  What was your favorite comment to which you were subjected as a young litigator? Mine was either the one I have used as the title to this entry (which opposing counsel said to me after I won a case), or perhaps being referred to as “Little Lady” by a judge!