Tuesday, September 11, 2012

What Can Go Wrong Making a Court Appearance

Part of being a litigator (or any attorney, for that matter) is making court appearances. There are a lot of variables in making these court appearances; there's a lot that can go wrong. Here are a list of things I may or may not have done (hint: have done)  while in law school (worked for a superior law judge) and as an attorney that new attorneys can learn from and watch out for in making court appearances.



1.) Always carry extra ties. Never run out of those.

2.) Get your attire ready the day before, especially if you normally wear "casual clothing." It takes more time to get ready for a court appearance day.

3.) Carry extra copies of business cards with you. Put'em in your briefcase, your folders, your pockets, etc.

4.) Most court dates are 8:30AM, meaning you'll be in rush hour traffic, and probably heading somewhere centrally located, like a downtown or a business district. Sucks for you; leave early.

5.) Some attorneys may try to cheat and "time the appearance" by showing up 10 minutes later or something because judges don't often start exactly at 8:30AM, but some judges do, and you don't want to risk it. To pass the time, bring extra work, or something else to occupy your time, but get there before the time you're scheduled to.

6.) Know where the Courtroom is if you're in a big building. It might take some time to get to that building from the entrance. Case in point: L.A. Superior Court, Stanley Mosk Courthouse. 10 floors, slow elevators. Security line to get in is long.

7.) Know if opposing counsel is coming. Be on the lookout for him/her in case you need to exchange documents/have conversations.

8.) check in with the court clerk. As long as court clerk knows you're there, they'll try to get you in, let you go to the bathroom, etc.

9.) Be ready to say "your honor." When I was a law student I addressed the judge without saying it and was reprimanded. I haven't made that mistake again.

10.) Have all papers ready/bring the entire file.This needs to be done the previous afternoon when you get off work unless you want to come in EARLY the next morning. Never know what you might need. Put the most likely-brought up issues on top.

11.) Bring a pen. Write down everything judge says when he/she discusses your case.

12.) Bring other filings that you might want to file in the same courthouse to avoid duplicate trips or getting "runners" to do it.

13.) PARKING- parking probably deserves its own post. Park as close as you to the courthouse.

14.) Get unmetered parking- that you can stay for the whole day for.

15.) If forced to get metered parking, get the whole amount (2 hours max, get the 2 hours). You never know how long the judge's calendar is, so don't assume you'll get out at 9:30 or 10; just get the whole amount, saves you from a lot of problems if the judge doesn't get to your case in time.

16.) Let someone from your office know you're going to court- in case you're needed, or you need someone to bring something to the court that you forgot....at least you get a partner in crime.

17.) Know that it's not the end of the world if you miss a court appearance. It's not professional, it's not good, and definitely don't miss it. But if you do, you have an opportunity to show cause as to why you missed it and call the court to fix anything that is needed. But seriously, don't do it. Not even I've done that.


Fantasize on,

Robert Yan

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