courtroom etiquette for lawyers
TRANSCRIPT
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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
