Courts Are Local By Nature: Prepare Yourself For Each Court’s Differing Practices And Culture

It is crucial to seek out individuals who regularly practice in other localities for advice.

thumbs up judgeBecause our Firm represents clients located across the country and abroad, we sometimes find ourselves in courts outside of New York City. Each time I appear in a new court — even if it is just one county over — I am reminded of how truly local the courts are. In order to succeed in these courts, it is crucial to seek out individuals who regularly practice there for advice, and observe to gain an understanding of the idiosyncrasies and culture of each courthouse.

Indeed, this can even be seen within a jurisdiction. My colleagues and I practice frequently in the Southern District of New York, which, in Manhattan, is housed in two courthouses. While the courthouses are located essentially across the street from each other, the simple experience of getting through security and interacting with the courts and clerks feels entirely different. Each courthouse has its own ways of handling procedure, and the employees with whom you interact expect you to know and follow their practices.

The local nature of the courts is even more evident when you cross city and state lines. Recently, I worked on a case that required me to appear in a different court than I ordinarily practice. The court was in New York state, where I am admitted and work, and only about a twenty minute train ride from my office. Ostensibly, this court was governed by the same rules I rely on every day of my practice. However, upon walking into the courthouse, I was in a completely different world.

I was scheduled to appear for a relatively straightforward status conference, which I had handled in other courts dozens of times. But, when I entered the conference part, instead of the usual court attorneys and sign-in list, I found over 100 lawyers calling out names and waiting in lines to submit forms, each with a different purpose and result. There were no signs identifying which line was which or if I was even in the correct location (which I doubted in the first few minutes upon entering), and no single check-in point or court employee running the schedule.

After briefly attempting to work it out on my own (and concluding only that placing papers in the basket on the right resulted in being directed to the line on the left), I knew I would have to seek assistance. Fortunately, I quickly found a clerk who was well aware that their practices were atypical and happily directed me to the right spot, where I eventually was called in for my conference.

While that first appearance turned out fine, the next time I was scheduled to appear in that case, I made sure I knew everything I could possibly know about the court’s practices before returning. I spoke with several lawyers who regularly practice there and picked their brains regarding the procedures I had found confusing. I asked for advice, and, as lawyers generally love to impart their views on how things work, received some very useful tips I would not have discovered on my own. When I had time, I stopped by the court and observed the procedures and arguments in the courtroom I was scheduled to appear in.  This took work and time, but allowed me to enter what previously felt like a foreign court confidently and with the knowledge I needed to win for my client.

When we take on cases that may require appearances in courts outside of our usual practice, this type of reconnaissance work is essential to doing the best job we can. Courts are local by nature, and require us to adapt to their differing practices and procedures to succeed. Working with local counsel and taking the time to observe and learn from the differing practices is critical, and well worth it to win for our clients and ourselves.

Sponsored


Jillian L McNeilJillian L. McNeil was an attorney at Balestriere Fariello, a trial and investigations law firm which represents clients in all aspects of complex commercial litigation and arbitration from pre-filing investigations to trial and appeals. You can reach firm partner John Balestriere at john.g.balestriere@balestrierefariello.com.

Sponsored