Generation J.D.

At the Maryland Conference of Bar Presidents hosted by the MSBA this past weekend, I was sitting at a conference table discussing something bar related with a group of attorneys, including a couple members of the bench.

When I started this thing that I call “my legal career,” I took the position that, no matter what you ever wanted to call a jurist, the only appropriate names include Judge or Your Honor. During the course of this meeting and during the course of the Conference, several participants in conversation with or about judges would identify them by their first name. That got me thinking: When is it appropriate to call a Judge by their first name?

I asked around during the conference to see if there exists a general consensus. Much like a flow chart, the answer to this very question depends on several variables. If you are married to the jurist, you can call him or her by their first name. If you were friends with the judge before that person was elevated to the bench, then using their first name in personal conversation is appropriate, but not in social settings where others may overhear. Another colleague of mine married the daughter of a sitting judge. Even at casual family dinners with the family, he refers to his father-in-law as “Judge.”

For young lawyers, however, the answer is always the same: never. You probably did not know the Judge before he or she was appointed to the bench (except in situations where they are a family friend). You probably are not married to a judge (if you are, this is the lone exception for young lawyers). Most judges will not call you out for referring to them by their first name, probably a result of the judicial temperament that they have developed over the years. But its tacky…. and name dropping ….. and disrespectful.

Even if you clerked for the Judge or the Judge herself has said “call me Jane,” there is never a really appropriate time for a young lawyer to call a member of the bench by her first name. Maybe, one day, some of my friends or colleagues will become judges and I will feel comfortable calling them by their first name, but until then, it will always be “Your Honor” to me.

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For better or worse, taking a case to trial is a lot like going to war.  Once it’s clear your case is not going to settle, and you are proceeding to trial, the proverbial gloves come off.

For a young litigator, this experience can be overwhelming and daunting, especially the first few times you go to “war.”  Because our civil justice system promotes settlement out-of-court, it’s possible for young litigators to go as many as five years before experiencing a lengthy and hotly contested civil jury trial.  Unfortunately, law school does not truly prepare young litigators for this onslaught.

So, for those of you out there who have are gearing up for your first trial, below are some practical tips to help get you through the experience.  While these tips are particularly germane to medical malpractice trials, they should have universal application.

1. Sleep! - As soon as it looks like your case is going to trial make sure to get as much extra rest as possible.  Because so many unexpected issues come up in the course of a trial, many trial nights are spent preparing for the next day.  This can result in little to no sleep in between trial days.  Essential to combating exhaustion is making sure your reserves are plentiful by getting extra rest in the weeks leading up to trial.

2. Advanced Preparation - If the amount in controversy is significant you will most likely be “second chair” to a more senior litigation associate or a partner.  You can expect your superior/partner to want you to do most of the pre-trial “grunt” work (i.e., jury instructions, voir dire, motions in limine, etc.).  To get a leg up, start preparing those documents a little ahead of schedule.  If depositions haven’t been summarized;  start summarizing.  Forecasting what your superior/ partner expects of you and starting to work on it ahead of time is beneficial for two reasons: (1) it should balance your workload out a bit; and (2) it’ll make you look good for being a few steps ahead of your superior/partner.  It should go without saying that knowing your case inside and out will help your superior/partner handle the bigger activities (i.e., opening and closing, cross examination of key witnesses).

3. Make nice with the court reporter and judge’s law clerk – Unexpected surprises are guaranteed at every trial, and having a little extra help around can’t hurt.  It’s likely that your superior/partner is going to be too distracted to have any key interactions with the court reporter or law clerk.  Thus, it is imperative that you make friends with these two people either in advance of trial or on the first day of trial.  The judge’s law clerk, especially, will be able to give you some tips on the judge’s propensities and disposition.  Having this information can be beneficial to you and your superior, and could very easily help you win a big legal battle that arises during trial.

These are just a few tips to make going to your first couple big trials a little easier.  A good euphemism would be to call it “Basic Training.”   Good luck, soldier…

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