To those law school graduates awaiting bar results, who don’t have clerkships, who won’t be interviewed for jobs until the results come out, here’s an idea about how to pass the time without spending any money (except perhaps for parking). Back in dinosaur days, we didn’t have Netflix, cable channels, streaming or any of the myriad other ways to pass the time in that hideous vacuum between bar taking and hopefully bar passing.
Watch trials in local courthouses. It’s a good way to learn how to handle yourself in a courtroom (or not). Watching others, some good, some not so good, some great, some dreadful, teaches you a lot, maybe not as much as by doing, but you do have some time on your hands, right? Doing so can be both entertaining and educational (sometimes enlightening, sometimes cringeworthy.) But you learn not to make certain mistakes that would tag you as right out of the gate.
Dust off that suit that has been hanging in the closet for several years or go buy one for the interviews you hope to have after passing the bar. Look like a lawyer, even if you’re not officially one yet.
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Next, figure out what kinds of cases you’d like to watch and where to find them. If you know anyone in your local bar association, ask her or him if there’s any trial work (or even motions) to watch and see if you can shadow that person for that trial or appearance. The busier the lawyer, the more willing that lawyer usually is to help a newbie. (We were all there once and we remember the kindnesses of those who helped us. In other words, most of us will pay it forward.)
f you don’t have access to a lawyer that way, then be brave, go down to a local courthouse and wander the halls, so to speak. Start in the clerk’s office. Especially in the smaller locations, clerks are usually willing to help, as long as you’re polite and seeking their suggestions.
Decide whether you want to watch civil or criminal trials. My own bias is to watch criminal trials. Many civil matters, especially those that are document heavy, are more snore-inducing. Since criminal trials take priority, there will almost always be a trial going on, or if not, a preliminary hearing, or an evidence suppression motion.
One of the most intimidating things for a graduate awaiting bar results is opening the courtroom door and entering. My fear was always (and still is) that I’d interrupt a crucial witness confessing guilt (can you tell I grew up on Perry Mason?) and the judge, court clerk, bailiff, attorneys and everyone else would string me up metaphorically.
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I suggest you show up at calendar call (which is just what it sounds like, seeing what’s what with the cases set for the day), introduce yourself to the bailiff, explain why you’re there, and perhaps even talk to the court clerk. Take your cues from the courtroom staff and follow their instructions/comments. They may tell you to hang out in their courtroom or suggest another courtroom if something more interesting is going on elsewhere.
For instance, if they send you to Department 59, that’s a good opportunity to figure out where that department is and how to get there. When you get there, unless someone has called ahead to say you’re enroute (not likely), enter the courtroom only when you think it’s wise (see comment above.) The advantage of being at calendar call is that most trials don’t begin until 9:30 or later, so you have an opportunity to enter the courtroom without being disruptive.
Introduce yourself that department’s bailiff, court clerk, and the attorneys trying the case. Ask if you can observe. Most lawyers won’t object to your sitting in the spectator rows (at the back of the courtroom). Basic courtroom etiquette: turn off your cell phone, don’t text, do any work, or talk with anyone or to anyone. You don’t know if someone sitting next to you may be a witness. Put on a poker face. Can you say the word “mistrial?”
The best part of watching trials is learning what to do and what not to do. It’s an excellent way to test your evidence knowledge. Watch how the lawyers lay a foundation (or not) for the introduction of evidence. Admitted or not? If so, how was it done? If not, how does the proffering lawyer try another way?
When an attorney asks a question that should prompt an objection, what’s the basis for that objection? Relevance? Hearsay? If no objection, why not? If an objection, do you agree with the court’s ruling? Use the knowledge you have (and hopefully still have at least a little post-bar exam) and see how evidence comes to life in the trial context.
Even more importantly, watch how the lawyers work. What’s their demeanor toward each other? Witnesses? The court? If the court issues an adverse ruling, how do the attorneys react? Is the jury attentive or have their eyes glazed over? How are they looking at the lawyers? The witnesses? What about body language?
How are the lawyers dressed? How do they speak to the jury and each other? Do they command a presence in the courtroom? What kind of eye contact do the attorneys have with each other, witnesses, the court and the jury? How do the lawyers treat each other? (Do we need yet another conversation about civility and respect?) Would you want that lawyer representing you?
Sometimes staff will let the court know that you’re observing, and sometimes you might even be invited back to the judge’s chambers for a few minutes. Grab that opportunity and every other that might come your way. Ask questions if you have the chance. Judges remember lawyers, even newbies, and it’s never too soon to make a good first impression.
What you see (and don’t see) in the courtroom will inform how you practice law, something the bar exam does not test, and it’s a good use of your time while waiting for the results.
Jill Switzer has been an active member of the State Bar of California for 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at [email protected].