COURT CLIPS

June - The Show Must Go On
       While waiting for my case to be called in court the other day, the attorney for the other side approached me and whispered in my ear “you have something red on your skirt”. I thought it a bit strange since I was sitting down. At that point I had two choices: go running out of court to see what she was talking about and blow the appearance, or go on with the show. I thought carefully about my predicament and chose the latter. After all, I was in court and there was a possibility that my opponent was using trickery and deception. Just then, the judge called our case and I completely forgot about my skirt as I was too focused on winning my argument. After the hearing I looked for the mysterious red thing, but to my delight, found nothing.

       I smiled to myself as I left the courthouse, pleased with both my decision and the outcome of the case.

May - Telephonic appearances: convenience or crutch?
       In the courtroom, there is a small gate that swings open before a lawyer goes before the judge. I sometimes think that it is the only place left where people hold the door open for each other. As they leave, most lawyers exiting their appearance will hold the “gate” open for the attorney entering for their appearance. This is a polite gesture, something we don’t see much anymore.

       It is also the only place left where lawyers can argue to the death and then leave the courtroom making small talk, or bantering back and forth, jabbing each other about the outcome of their appearances. On the other hand, it is comforting to know that if need be, a bailiff will escort you or your client (or both) to safety.

       So why is it that so many lawyers physically avoid court whenever possible?

       Sure, lots of attorneys are too busy juggling their calendars, some are in trial. Others simply don’t want to “suit and and show up”. Face it, waking up early, dressing appropriately for court, fighting traffic, and enduring court lines and security screening is tedious, but going to court is an inherent part of being a lawyer. How many of us in law school, looked forward to going to court? I know I did.

       As someone who makes appearances regularly throughout Los Angeles County, I have a front row seat to what it is like for the other attorneys sitting patiently in court. Don’t get me wrong, if you have a short notice appearance in San Bernardino and your office is in Santa Monica use court call. On the other hand, if you are a solo practitioner and have fallen ill, telephonic appearance may be the only answer, especially at critical stages in the case such as a final status conference or an ex parte hearing where the attorney of record would not feel comfortable with a contract attorney or associate.

       Still, many attorneys have now become dependant upon telephonic appearances. And that isn’t necessarily a good thing.

Courtroom miss-demeanor

       Lawyers will sometimes forget they are in fact in court and will carry on about their business while at home or at the office. I once heard a dog barking very loudly for about 5 minutes. The lawyer on the phone was completely oblivious to the fact that the entire courtroom was laughing. Finally, the judge told the lawyer on the phone to get his dog out of the room. The dog made a lasting impression on me as to why telephonic appearance are sometimes very disruptive to courtroom demeanor.

Priority loses it’s place

       Lawyers on court call get priority while the others have made their way through traffic, paid for parking, and gone through long tedious lines to get through security to be present for court. If a lawyer in court really has a priority, like making another appearance in another courtroom in the same courthouse, they have to get behind the lawyer on the phone, who is already at the office or at home and doesn’t have more than one appearance in the same courthouse.

Are you still there?

       It is hard to communicate with someone without seeing their eyes and their body language. At times it feels awkward just talking to a box with a bunch of wires coming out of it. Sometimes there are big pauses and the judge will say “are you still there”? It feels more like a verizon commercial than a court hearing.

       Court is a time to meet and confer with other counsel, meet the judge and select mediators. When a lawyer appears by phone, the lawyer in court is stuck running the other lawyer’s errands. This is not a good way to begin litigation, especially when something like picking a mediator can be dispositive of a case.

A waste of court’s time?

       Many times judges will have to repeat things over and over again while a courtroom full of lawyers wait their turn through a heavy calendar. To make matters worse, not all courtrooms are set up for telephonic appearances and the lawyer on the phone can be inaudible, causing the attorneys in court to sit through an arduous process while they wait for the problems to be sorted out with the electronic glitches in the phone system.

Barred in certain courts including criminal courts

       I have appeared before many judges who don’t allow telephonic appearances at critical proceedings such as a Case Management Conference when all parties are to have met and conferred in accordance with CRC Rule 212. Most, if not all of criminal courts do not allow them, period.

       I am usually relieved when I hear this because I know my morning will go much smoother.

April - Counselors at Law
       Last week while waiting for my case to be called down at the Bauchet court, better known as the arraignment court, I overheard an attorney talking to his client. He said “look, I’m not a therapist, I’m just an attorney”. I wanted to stand up and say “Your’e not?” Most of my clients treat me as a sounding board and I consider listening, giving feedback and calming people down a big part of my practice. Maybe that’s why they call us “counselors at law”.