What do people who have been on both sides of the bench want lawyers to know about successful litigation? A diverse panel of judges from all levels of the federal and state judiciaries provided insight at the NJSBA Annual Meeting and Convention into what they wish they knew as lawyers that would have helped them be more successful. David R. Kott, of McCarter & English, led the discussion that covered everything from the use of footnotes, oral advocacy guidance and whether PowerPoint presentations are appropriate in court.
Retired U.S. Third Circuit Court of Appeals Judge Joseph A. Greenaway, Jr.
On what to keep in mind when presenting arguments:
“Answer the question. So many of you are so annoying and say I’ll get to that in a second.’ … Please, when you are asked a question, please answer my question. More important: don’t reframe the question you wanted me to ask… I am not interested in that questions, I am interested in my questions.”
“Never forget what your objective is. As you answer the questions, tie it into your overall objective.”
U.S. District Court Judge Christine P. O’Hearn
Courtroom advocacy tips:
“When I start speaking, please stop. It’s probably because I have a question.”
“Don’t just read from your briefs... It’s so much better to have it conversational.”
U.S. District Court Judge Zahid N. Quraishi
Take extra steps to make clear why you need oral arguments:
“If you have your motion, jointly write a brief letter about why you are requesting oral argument… That is going to get my attention.”
“If you tell me and several of my colleagues that the folks who are going to be the primaries are the associates who wrote the brief, rather than the partners… that will get you oral arguments.”
New Jersey Supreme Court Justice Douglas M. Fasciale
Advice to new attorneys:
“Be yourself. Try not to be a lawyer you admire. Develop your own personality and that is who you will be.”