As the calendar counts down to the day of a lawyer's first court experience, fears of forgetting a key point, getting yelled at by the judge or just plain looking stupid—in a variety of ways—may dominate your thoughts. But judges interviewed by the ABA Journal say that for the most part, you will do well simply by being a reasonable person. Here are their suggestions on how to shine.
1. There is absolutely nothing wrong with getting to court early in order to introduce yourself to the judge and the staff before court.
Once, an attorney moved into the area, and he came around on a noncourt day and introduced himself to every judge and their staff before he ever appeared in court.
It was the only attorney that I have ever had do that, and it made an excellent first impression.
Judge Michelle Leigh Helhoski, Cherokee County State Court, Georgia
2. One of my pet peeves is when lawyers are not fully prepared and attempt to shift blame onto others.
Justice Jesse Reyes, Illinois Appellate Court
3. You can start your argument off by saying something to the effect of, "The motion to dismiss should be denied for three reasons," so that if you get interrupted while you're still on your first point, the judge will know you have two more.
Senior Judge Amy Berman Jackson, U.S. District Court for the District of Columbia
4. Try to be the most reasonable person in the room, not the loudest or most strident.
Chief Judge James Boasberg, U.S. District Court for the District of Columbia
5. The most important statement a lawyer can make is to answer the judge's question. The best answer is always, "yes," "no"—then an explanation. Not an explanation and then an answer. And if it's really not a yes or no answer, say, "It depends," and explain why.
Daryl Moore, retired judge for the Texas 333rd District Court
6. Don't try to take control of the hearing. Respect the process in both word and deed. Remember that it is not about "me." It is about "we."
Timothy Connors, retired judge for the Washtenaw County Peacemaking Court, Michigan
7. Stand when the judge enters. If the judge is OK with more informal procedures, the judge will advise. Better to start out more formally.
Judge Elizabeth Volz, County Court in the 18th Judicial District of Colorado
8. Listen to the questions asked. This goes for both nervous and nonnervous people. Lawyers are too focused on what they want to say and what they think judges want to hear. And so they don't listen to what judges ask, or they don't pay attention to the order in which things occur.
Judge Barbara Leach, Ninth Judicial Circuit Court of Florida
9. I believe that decorum matters a great deal in a civilized society. It may be my implicit bias, but if an attorney shows up in a suit that looks like it was just pulled out of the laundry hamper, it signals to me—and worse, to the client—that you are unprepared and not taking court seriously. If you come in wearing a pot T-shirt, it affects me.
Magistrate Arnie Beckman, Denver County Court
10. For conferences, demonstrate that you are capable of moving from argument mode to problem-solving mode. Be practical, reasonable and nonargumentative.
11. If you need to have proof of enrollment or progress on classes or drug treatment, print the documents out in advance, and have two copies to provide.
Judge Rupa Goswami, Los Angeles County Superior Court, California
12. You are building a reputation with the court from your very first appearance, and if you make misstatements to the court—even if it is unintentional because you don't know your case as well as you should—that is going to reflect poorly on you. It doesn't matter if the court thinks you are being intentionally dishonest by misrepresenting something or just careless because you are saying things that you aren't certain are accurate: Neither of those options is an impression you want to make.
Judge Jennifer A. Mabey, Utah Fourth District Court
13. Collegiality is worth its weight in gold, both from a human relations standpoint and often even for your client's own best interests.
U.S. Magistrate Judge Anthony Patti, U.S. District Court for the Eastern District of Michigan
14. I have noticed several people not dressing appropriately for virtual conferences. Some lawyers have decided that because they are not in a physical courthouse, court is now business-attire optional. Court is court, regardless of whether it is virtual or not. It is inappropriate to show up to court in a polo shirt. If you wouldn't wear it in front of a jury, then you shouldn't wear it on a virtual platform.
Judge Cathy Bissoon, U.S. District Court for the Western District of Pennsylvania
15. Being prepared is very important to making a positive first impression. I think it is also extremely helpful for attorneys to have the confidence to advise a judge when the attorney believes the judge is mistaken or assumes a fact that is either incorrect or outside the record or in dispute. Making a clear and correct record is taken seriously by judges, and good attorneys do not hesitate to respectfully assist the court.
Judge Brian Hill, Santa Barbara County Superior Court, California
16. You know when a new lawyer has reviewed your webpage and preferences or spoke to your bailiff or staff attorney about how the courtroom proceedings will be handled. This is impressive. And respected by me. A hint: My bailiff and staff attorney will update me on your communication with them, which is a plus.
Judge John Russo, Court of Common Pleas, Cuyahoga County, Ohio
17. State and spell your name, and state your bar number for at least the initial appearance. If you or your client want specific pronouns used, tell the division clerks ahead of the appearance.
18. The respect attorneys display reflects and reinforces public confidence in the judicial system. Their decorum in justice courts or municipal courts should mirror the professionalism expected in higher courts like a district or even supreme court.
Judge Wayne Mack, Justice of the Peace, Precinct 1, Texas
19. Don't be afraid to let your personality show through. You will always be better at being you than at being someone else, whether that "someone else" is the senior partner, the difficult adversary or some other image you may have of what a "tough" lawyer should be.
Judge Elizabeth Snow Stong, U.S. Bankruptcy Court for the Eastern District of New York
20. Never assume it is OK for you to appear remotely unless the docket is a fully remote docket. Always ask permission. I almost always grant permission but appreciate being asked.
Chief District Court Judge J.H. Corpening II, 6th Judicial District of North Carolina
An hourlong web discussion titled "Advice from the Bench: What to Know Before Your First Court Appearance," is available to watch at ABAJournal.com/BenchAdvice. It features various judges and is sponsored by the Judicial Division, the Young Lawyers Division and the Law Student Division.
