A Trial Judge's Perspective: Dos and Don'ts of Effective Trial Practice

• Publication year: 2024
• Citation: Vol. 47 No. 4

A Trial Judge's Perspective: Dos and Don'ts of Effective Trial PracticeVol. 47 No. 4 Pg. 12Wyoming Bar JournalAugust 2024

by Hon. Richard L. Lavery

The practice of law is one of the great pursuits in life. You and your fellow lawyers are the linchpins holding the Rule of Law together. Without you, the Rule of Law does not exist. Without you, we wouldn't have the world's greatest system of laws, institutions, norms, or community commitment to deliver accountability, just law, open government and accessible and impartial justice.

I've been asked to give young lawyers some thoughts on the practice of law from a judge's perspective. I can't say they are universal principles, but I can say it represents my experience of what works and what doesn't work for the cases I've seen, from my years practicing law and my time on the bench.

When you start your practice, get to know the lay of the land. Introduce yourself to the judges and their staff, the clerks of court, and your colleagues in the community. If attorneys have staff, meet them too. All these folks can help you along the way and it is in your best interest to have a cordial relationship

with all of them. For example, technology in the courtroom and virtual courtroom can be a challenge. You are welcome to preview and test the technology in advance if you pick up the phone and ask.

Never be afraid to ask questions. Most lawyers are happy to share some time and sometimes even work product to help you get going in the right direction. Don't hesitate to check out a court file and get a look at what good pleadings and motions look like. I remember Justice Jim Burke telling me that as a young lawyer he went to the clerk's office and asked them if they had any suggestions for a particular type of pleading he wanted to see. They were happy to help, and they are a pretty good source of information about the lawyers who do good work in their jurisdiction. It should go without saying, but do not treat any court staff, clerk staff or attorney staff with anything but respect and kindness.

Return phone calls as soon as possible. When I practiced law, a call from the judge's office was an all-hands-on-deck matter. Most lawyers who practice in front of me are the same, but there are a good number who don't return calls at all or are so dilatory in responding that their return call has no value, usually to the detriment of their own client. Pick up the phone! A real conversation with another human being is the...