Bar News - November 4, 2005
From the New Lawyers Committee: Things I Wish I’d Known, but Was Afraid To Ask
By: Kristin M. Yasenka
New lawyers, and lawyers new to practice in New Hampshire, frequently find themselves in situations where they seem to be the only ones who do not know what to do, where to go, or whom to ask. I polled several new lawyers, solicited questions they would like answered, and sought out the answers. The following commentary is the result of this survey:
Q: Where do you go to file a lawsuit or appear in court?
A: You file pleadings at the clerk’s office of each individual courthouse. There may be different clerks for different types of matters, i.e. criminal, civil, equity, and marital.
If you are going to court for a hearing or trial, the matter is usually listed on a piece of paper on a wall in the courthouse. The paper will state the names of the parties, the time of the hearing, and the location. Some of the newer courthouses, like Rockingham Superior Court, have television screens that scroll the names of parties, times, and locations. When in doubt, or if you cannot find your name on the list, go to the clerk’s office and ask.
Q: Where do you sit in court and who speaks first?
A: A good rule of thumb is that generally the party with the burden of proof sits closest to the jury box. If there is no jury box, just ask. Generally, the plaintiff is required to put on its case first and thus plaintiff’s counsel will speak first.
Q: How do you keep track of all the different deadlines?
A: Calendaring all deadlines and events is not only helpful to keep yourself organized, but necessary to ensure that court filing deadlines are met. Some firms and individuals use computer-calendaring software, such as Microsoft Outlook, which can combine scheduling with reminders that pop up a specified time in advance of the deadline. Others use paper calendars. “To do” lists, both for the case itself, and for all your deadlines combined, are useful to keep all your assignments and deadlines in one place.
Q: Whom do I ask for help?
A: Find a mentor. The New Hampshire Bar sponsors a mentoring program through which new lawyers can request a mentor (based on geographic area and type of practice) and the Bar tries to match up the new lawyers with more senior lawyers who have volunteered to act as mentors. (Contact New Lawyers Committee liaison Rose Anocibar at ranocibar@nhbar.org for information on the Mentor program.) Another option is to seek out a mentor within your own firm. For day-to-day practical questions, sometimes a lawyer who has been practicing only a year or two longer than you have will be the best advisor as he or she is more likely to remember what it was like to be fresh out of law school.
While it can be difficult to get one-on-one time, one method is to send an e-mail asking the partner or senior associate if he has some time during a particular week to give you some advice on a certain issue. If you know you will have questions about more than one thing, try to keep a list of all the questions and present them to your mentor all at once.
For internal assignments, ask a more senior associate who has worked with the partner assigning the work how she likes to receive the finished product—whether it be a draft via e-mail, a hardcopy, or if she wants to see progress during certain points. Ask how long an assignment should take. Once you have spent that amount of time, check in with the assigning attorney and let her know where you are.
If you are heading to your first court hearing, ask an associate who has done the same kind what to expect—ask where to go, where to sit, the possible judges and their personalities, how to prepare, what to bring (always bring extra copies), and whether you will need to present offers of proof or witness testimony.
When in doubt, don’t be afraid to ask for help. Following these simple guidelines will make a new lawyer’s first few months and years less stressful and more rewarding.
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Kristin Yasenka | Kristin Yasenka practices in the litigation department at McLane, Graf, Raulerson & Middleton, P.A. and is serving her second year as a member of the New Lawyers Committee.
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