The Honorable Benjamin Bloom, Jackson County Circuit Court
Focusing (with good reason) on presenting the best argument or submitting the best brief, newer lawyers occasionally overlook valuable practice tips. This is one Southern Oregon judge’s ideas for improving a lawyer’s presentations.
An evidentiary hearing may be your client’s first appearance in court. A good first impression is important. In addition to preparing your client for trial, tell him or her how to dress. That way you can be sure that your client leaves the pajama bottoms or offensive tee-shirt at home. At the same time, attorneys should come to court dressed properly. There are many unrepresented parties in court, and they are all watching the attorneys to see how you are attired.
Instruct your clients and witnesses not to chew gum in court. I find gum chewing very distracting and inappropriate. At the same time, make sure that cell phones (yours, your client’s and your witnesses’) are turned off.
At the start of an evidentiary hearing, tell the court what you want. It is always helpful to let the court know the requested relief right at the start so that we can place parameters on the hearing.
With regard to motion practice, new attorneys should always remember to stand when addressing the court. I am amazed at how frequently attorneys forget that they should stand when addressing the court. Again, the public is watching how the Bench and Bar interact. If we do not show each other respect, how do we expect the public to have faith in the process?
When submitting oppositions to motions, parties should not refer the court to the record without specifying a specific location. It is not reasonable to expect the court to comb through a hundred pages of exhibits to find the particular point in dispute.
As we transition to e-court, if you file a document within 72 hours of a hearing, do not expect the court to have reviewed or even to have seen the document at the hearing. Always provide a courtesy copy for the court to ensure that the judge has had opportunity to consider the brief.
Finally, use the word “clearly” sparingly in briefs and argument and skip the word honestly. If it is so clear, then why are we having a hearing? If you occasionally state, “honestly, judge,” am I to assume you are not telling the truth the other times?