Young Lawyers in the Courtroom Program: Hearings and Trials
This Court is aware of a trend
today in which fewer cases go to trial, and in which there are generally fewer
speaking or “stand-up” opportunities in court, particularly for young lawyers (defined
for purposes of this program as lawyers licensed to practice law for less than
seven years at the time the request(s) to participate is made). Accordingly, the Court encourages litigants
and counsel to be mindful of opportunities for young lawyers to conduct
hearings and trials and adopts the following program to encourage such
opportunities:
- In
those instances where a party notifies the Court that a young lawyer will
argue a motion, the Court will hold an oral hearing on the motion. If the motion has been set on the
submission docket, counsel should notify the Court per the procedures
described below that the motion will be argued by a young lawyer and the
Court will set that motion for oral hearing, subject to the Court’s
schedule and provided that holding an oral hearing will not adversely
impact any of the other parties to the case.
- When
the Court is informed that a young lawyer will serve as lead counsel at
trial, the Court will schedule trial for the earliest possible available
date on the Court’s docket, subject to the discretion of the judge and
court coordinator, as well as the availability of the parties, and
provided that the trial setting will not adversely impact any of the other
parties to the case. Serving as
“lead counsel” shall mean that the young lawyer: (a) makes the opening
statement and/or closing argument; and (b) conducts the direct or
cross-examination of ten percent (10%) or more of the witnesses to be
called at trial.
To notify the Court of his/her
intention to opt-in to the program above, an attorney shall provide notice to
the Court on the pre-approved form link below, submitted
by e-filing and served on all counsel of record in accordance with the
following deadlines: (a) for hearings, no later than seven (7) days before the hearing;
or (b) for trials, no later than twenty-one (21) days before the trial. All other parties to the case may object to
the trial setting or hearing in writing within three (3) days of the date of
service (in the case of hearings) and within seven (7) days of the date of
service (in the case of trials), after which the Court will make a
determination as to whether the hearing or earlier trial setting will be
granted. If no objection is filed, the
hearing or trial will be scheduled and notice shall be provided by the Court to
all counsel of record.
The Court understands that there
may be circumstances where having a young lawyer handle a hearing or serve as
lead counsel might not be appropriate, and the Court will not hold any litigant
or counsel accountable for the fact that a hearing or trial is handled by a
more senior lawyer. Even so, the Court
believes it is important to provide substantive speaking opportunities to young
lawyers, and that the benefits of doing so will accrue to young lawyers, to
clients, and to the profession generally.
Thus, the Court encourages all lawyers practicing before it to keep this
goal in mind and encourages attorneys practicing in this Court to opt-in to
this program whenever possible.
Form: Notice Regarding Young Laywers in the Courtroom Program