Courtroom Etiquette for Lawyers

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Courtroom Etiquette for LawyersJoshua Lenon – Clio

David Lat – Above the LawJudge Stephen Dillard - Court of Appeals of Georgia

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Instructors

• Joshua Lenon (@JoshuaLenon)– New York-admitted attorney– Lawyer in Residence at Clio– Clerk with the Missouri Attorney General

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Instructors

• David Lat (@david_Lat)– Founder and managing editor of Above the Law– Author of Supreme Ambitions

(www.SupremeAmbitions.com )– Federal Appeals Court Judicial Law Clerk, 9th

Circuit – Litigation associate at Manhattan firm Wachtell

Lipton Rosen & Katz– Federal Prosecutor with United States Attorney

for the District of New Jersey

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Instructor

• Judge Stephen Louis A. Dillard (@JudgeDillard)– Court of Appeals of Georgia– Associate at Stone & Baxter– Law Clerk at the U.S. Court of Appeals; 7th

Circuit

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Agenda

• Rules Governing Courtroom Interactions (10 minutes)– Rules of Professional Conduct– Model Code of Judicial Conduct– Ethical Opinions & Rulings– Local Rules

• Conversation with David Lat & Judge Dillard (40 minutes)

• Tools to Prepare for Court Appearances (5 minutes)

• Audience Questions (5 minutes)

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RULES GOVERNING COURTROOM INTERACTIONS

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Rules of Civil Procedure

• Rule 3.1 Meritorious Claims And Contentions

• Rule 3.2: Expediting Litigation

• Rule 3.3: Candor Toward the Tribunal

• Rule 3.4: Fairness to Opposing Party & Counsel

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Model Code of Judicial Conduct

• Rule 1.2: Promoting Confidence in the Judiciary

• Rule 2.2: Impartiality and Fairness

• Rule 2.3: Bias, Prejudice, and Harassment

• Rule 2.4: External Influences on Judicial Conduct

• Rule 2.12: Supervisory Duties

• Canon 4

ABA+State+Judicial+Ethics+Resources

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Ethics Opinions & Rulings

• Social Media– ABA Formal Opinion

462: Judge's Use of Electronic Social Networking Media

– NCSC Listing of State Opinions• NCSC.org

• Republican Party of Minnesota v. White,536 U.S. 765 (2002)

• Unconstitutional to prohibited judicial candidates from announcing their views on disputed legal and political issues.

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Local Rules

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Local Rules

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CONVERSATION WITH DAVID LAT & JUDGE DILLARD

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How should you address a judge?

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What is the worst breach of etiquette you’ve seen?

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What role does tradition play in courtroom etiquette? Should we always rely on tradition?

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How can lawyers be more aware of a judge’s local rules?

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What do clerks do?

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How should clerks be addressed?

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Why are communications with the court always sent to the clerk?

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Does how a lawyer treat clerks get back to judges?

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How should lawyers’ address each other in court?

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How can one de-escalate an opposing counsel who is unprofessional?

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Lawyers and judges will work with each other repeatedly; can a professional relationship develop? What concerns should lawyers keep in mind?

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How can lawyers and judges communicate on social media?

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What rules should lawyers follow relating to judicial elections?

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Can lawyers rehabilitate themselves after an etiquette breach before the court?

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What’s the one piece of advice you wish you received before walking into a courtroom?

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TOOLS TO PREPARE FOR COURT APPEARANCES

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TrialPad

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Clio Court Rules

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QUESTIONS

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Thank You

Joshua Lenon

[email protected]

@JoshuaLenon

Linkedin.com/in/joshualenon