Advise a First Year Going to Trial

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A. Nony Mouse
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Re: Advise a First Year Going to Trial

Postby A. Nony Mouse » Fri May 22, 2015 9:12 pm

lacrossebrother wrote:
rpupkin wrote:
lacrossebrother wrote:Sure no problem. Stinks a lot of people told you about voir dire even though you didn't say it's a jury trial

He also didn't say it was a bench trial. The vast majority of trials are jury trials. I don't see anything wrong with assuming a jury trial. And why are you even posting in a thread like this? You don't know anything.

Anyway, when I saw the OP yesterday, I figured this thread would be useless. But I was wrong. There's a lot of excellent advice here.

I'm a first year and also I've been to trial, I just wish people would ask better questions

You're a first year as of about two weeks ago, right?

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lacrossebrother
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Re: Advise a First Year Going to Trial

Postby lacrossebrother » Sat May 23, 2015 12:02 pm

:lol:

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haus
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Re: Advise a First Year Going to Trial

Postby haus » Sat May 23, 2015 2:36 pm

A. Nony Mouse wrote:
lacrossebrother wrote:
rpupkin wrote:
lacrossebrother wrote:Sure no problem. Stinks a lot of people told you about voir dire even though you didn't say it's a jury trial

He also didn't say it was a bench trial. The vast majority of trials are jury trials. I don't see anything wrong with assuming a jury trial. And why are you even posting in a thread like this? You don't know anything.

Anyway, when I saw the OP yesterday, I figured this thread would be useless. But I was wrong. There's a lot of excellent advice here.

I'm a first year and also I've been to trial, I just wish people would ask better questions

You're a first year as of about two weeks ago, right?

Well, he didn't say if his trial experience was as an attorney or as a defendant.

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fats provolone
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Re: Advise a First Year Going to Trial

Postby fats provolone » Tue May 26, 2015 1:16 pm

OP didn't say whether it was a jury trial or a Title IX tribunal

smallfirmassociate
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Re: Advise a First Year Going to Trial

Postby smallfirmassociate » Tue May 26, 2015 2:39 pm

fats provolone wrote:OP didn't say whether it was a jury trial or a Title IX tribunal


I just assumed it was a social sanctions proceeding under Kenyan tribal law.

Anonymous User
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Re: Advise a First Year Going to Trial

Postby Anonymous User » Wed May 27, 2015 3:01 am

I'm a fed district court clerk. Here is my advice from my POV as a clerk (I've been the main clerk on a handful of trials and have helped with about five more) and what I've gathered from my judge and other judges.

1. Be organized. By that I mean know the record as best as possible. Nothing drives my judge crazier than asking for X document and the attorneys not having a clue where it is. Sure, you may need a minute or two to find it, but pushing more than a few minutes turns the courtroom a palpably awkward.

2. Be nice and courteous to everyone. This seems like a no-brainer, but we've had attorneys snap at court staff in and out of court. My judge has worked with his courtroom deputy, JA, and court reporter for decades. They're like family. He likes us clerks a lot too.

3. If it's a jury trial, lol at trial briefs. We'll read them to keep ourselves awake during trial, but they're not something to stress over. Conversely, if it's a bench trial, you better make sure those things are perfect. We will scour them and know them and the applicable case law thoroughly. (Anecdote: a case only the plaintiffs cited in a recent bench trial I worked on ended up 100% supporting the defendants to such an extent that the judge talked about it first thing in the morning on the first day of trial because it seemed to make the defendants' case a slam dunk. The case conspicuously settled at lunch. I have a feeling the associates working on that brief had a bad day.)

4. If you end up arguing before the judge, I wouldn't hesitate to somehow work "This is my first trial" into your response. Judges are human, so they'll be more forgiving of you than the partners you're with.

5. Research the judge. They have wildly different ways of handling cases that can (and should) significantly affect your approach.

6. This may sound obvious, but good god, listen to the judge's orders and don't waste everyone's time. My judge will really jump on attorneys and move them forward if they're not proceeding like he's asked them to.

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encore1101
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Re: Advise a First Year Going to Trial

Postby encore1101 » Wed May 27, 2015 9:00 am

Anonymous User wrote:
5. Research the judge. They have wildly different ways of handling cases that can (and should) significantly affect your approach.


http://www.therobingroom.com/

like ratemyprofessor, but for judges




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