Give the Court the Gift of Time

• Pages: 28-29
• Date: 01 July 2022
• Author: Hon. Mark A. Drummond (Ret.)
• Subject Matter: Derecho Civil

By Hon. Mark A . Drummond (Ret.), Litigatio n News Associate Editor

The most precious resource we have is time. —Steve Jobs

Counsel: Judge, do you set any time limits for closing argu-

ment?

Me: Yes, I do.

Counsel: Well, what are they for each side?

Me: Common sense.

“Common sense” was the only time limit I ever had to

impose on counsel in a jury trial. Most attorneys got the

point, and rarely did a closing argument go over an hour.

(There is a reason why most college classes are 50 minutes

long.) However, the pandemic has highlighted the need to

revisit the role of efciency in effective advocacy.

Give the Court the Gift of Time

Most who have studied the effect of the pandemic on case

backlogs cite a one-third increase. Rarely is this broken down

between civil and criminal, but the criminal cases will usually

take priority due to speedy trial considerations. If you have a

civil case that needs to be heard, perhaps the greatest gift you

can give to your judge and your jury is the gift of time. Here

are some time-saving suggestions.

Be on Time

Arrive at the courthouse at least an hour before the trial is to

start—maybe even earlier on the rst day. The judge will appre-

ciate that. I would tell attorneys that I placed their time above

my time. They had many more balls in the air than I had on

trial day. However, I also told them that the one group I placed

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28 | LITIGATION SECTI ON

Published in Litigation News Volume 47, Number 4, Summer 2022. © 2022 b y the American Bar Ass ociation. Reproduc ed with permission. A ll rights reserv ed. This information or an y portion there of may not be copied or dis seminated in any

form or by any means or sto red in an electronic da tabase or retrieval sy stem without the ex press writt en consent of the Amer ican Bar Associatio n.

PRACTICE POINTS