The successful practice of law not only requires all the substantive knowledge and technical skills that we acquire in law school, but also demands effective communication and professionalism. Perhaps nowhere are these “soft skills” more important than when working with court staff, including judicial staff. Like most employers these days, trial courts are struggling to locate, hire, train, and retain staff at all levels. Would it surprise you to know that during exit interviews, it is not uncommon for staff to cite rude, abusive, and difficult attorneys as one of the reasons they are leaving?
The authors have both witnessed numerous examples of this behavior and have addressed it as it came up, which it often has, disappointingly. We are both attorneys, have many years of experience both in practice and working in the courthouse, and have positions that convey a certain level of authority. Contrast that with a young clerk, perhaps working at their first job, recently trained in court procedure and practice, dealing with the public and attorneys at the front counter. Difficult attorneys are remembered, and unpleasant experiences are shared. Think of the courthouse as a small town in terms of information movement and one can readily appreciate the potential for the unanticipated consequences of rude and unpleasant behavior.
For new attorneys, the transition from the classroom to the clerk’s counter can be difficult. In law school, one is rewarded for identifying arcane bits of procedure and precedent. In practice, impatiently presenting an obscure pleading or action without explanation or context that most court staff will never see again in their careers will not be well received. A bit of patience, respect, and empathy will go a long way toward establishing a professional reputation that will serve any attorney in very good stead. We think the elements of professional interaction can be broken down into five general categories:
- Empathy
- Precision/concision
- Preparation and reputation
- Candor and accountability
- Resourcefulness
EMPATHY
This is perhaps the easiest factor to define and perhaps the hardest to practice. It also has the potential to make the biggest impact. It can be difficult for us as attorneys, especially newly minted counsel, to be able to bridge the gap from a highly trained expert focused on advocacy and substance to a clerk bound to follow strict rules regarding the form of processing pleadings, scheduling hearings, or processing a jury. Be mindful of the fact that while your single motion is very important to you and your client, it is one of several dozen — or more — that the clerk will process that day or that week.
You are at a courthouse, which is an intense work environment where court staff sees the worst in humanity. Litigants are often at their worst when they are at court. They are there because of a catastrophic car accident, a divorce, or a felony charge. Needless to say, this creates a ripe environment for rudeness and confrontation. Keep this in mind if you or staff regularly interact with court staff. Invest the time to learn court staff and their functions. Judicial staff, except in very small courts, is not the same as the court clerk or court recorder/reporter.
PRECISION/CONCISION
Details are very important to court staff, who may literally have a checklist they are following to process your case. Many clerks have no leeway at all regarding what they can accept, and leeway is not created by arguing with or belittling them. Attorneys should assume that clerks are well-trained in their jobs; if they cannot perform an action requested by counsel, they have a court rule, statute, or court policy to point to.
As the attorney, you are expected to know which type of hearing or action you are working with. Prayers for relief need to be specific and allowable under the law, and formatting needs to be correct, as do case type codes and other pleading requirements. Know which types of hearings may be set for a particular case. It is important to know the requirements for each type of hearing. For example, a settlement conference is very different than a pretrial scheduling conference; a show cause hearing is very different than a motion for an order to show cause; criminal contempt is different than civil contempt.
Due to high volumes, courts have short attention spans. Learn the art of crafting a concise email or leaving a concise voice message. If you do reach out to the court, have your case number and case name ready. Knowing exactly what to say in as few words as possible is appreciated!
PREPARATION AND REPUTATION
Good preparation makes for a great reputation. As an attorney, your reputation is everything, not just to opposing counsel and potential clients, but also to court staff. It is a good idea to introduce yourself to court staff in a courteous, professional manner. Review the court’s pretrial orders and details. Advise your staff to review the court’s pretrial orders and calendar all dates including filed-by and heard-by dates. It is the responsibility of counsel, not court staff, to compute time under the court rules.
Expect a certain turnaround time for entry of orders. Aim to submit motions for second summons and those for alternate service with adequate lead time; in our court, the former should be submitted about a week before the summons expires and the latter about a month before. Be punctual and if you are delayed, reach out to the court as soon as possible.
CANDOR AND ACCOUNTABILITY
Never underestimate the power of simply admitting you made a mistake or misunderstood something. The role of the attorney is to advise the court. You need to be seen as a reliable, trustworthy advocate to the bench and judicial staff and an organized, competent practitioner to court staff. Everyone has forgotten to calendar a date or deadline. It happens. When that occurs, admit the error. Court staff will be more inclined to help when someone honestly and openly admits an error. As the old saw goes, “You catch more flies with honey than vinegar.”
RESOURCEFULNESS
While we all operate under the same statutes, rules, and administrative orders, the specifics of how we operate can vary widely from court to court. It is essential to learn the technology the court utilizes even if you are not preparing for trial. Make sure you and your staff are familiar with the court’s case management and e-filing systems. Review the court’s website. Often, you can access information about ordering transcripts, approved mediator lists, judges’ profiles, scheduling information, and telephone numbers and email addresses for different departments. This familiarity will save you and your staff the trouble of calling the court. It is also advisable to join your local bar association as they are usually up to date on all court changes and developments.
CONCLUSION
Our hope is that by following these elements of professional interaction, both counsel and staff will have a more satisfactory and less stressful experience in court. These tips may seem obvious, but that does not mean they are consistently followed. Whether you have been practicing for many years or just recently passed the bar exam, simple kindness and empathy goes a long way and is much appreciated.