Bar News - February 17, 2006
New Lawyers Committee: Getting Acquainted with the Courts
By: James P. O’Rourke
Orienting yourself to the ins-and-outs of the various courts can be a challenge. From District Court to the Supreme Court it seems that the rules are always changing. That is why establishing a strong relationship with the court clerk and the clerk’s staff can be the key to navigating the system. Recently I asked for some pointers from some of the clerks I work with: I asked, “ How can a new attorney strengthen his or her relationship with a court clerk’s office?”
- Introduce yourself. Just as you do with judges and the other lawyers you meet, you need to build your credibility with the clerks. First impressions are important. Start off on the right foot.
- Familiarize yourself with each court’s case process and understand that all courts process cases differently so what works for one may not work for another. Similarly, the case processes within each clerk’s office will differ by practice area. Form, style and substance in criminal cases may not be acceptable in the civil context.
- Don’t be afraid to approach the clerk prior to the session start. Let him or her know what cases you have on the docket and your intentions (trial, plea etc…).
- Get to court early with your client. Don’t come in at 9 a.m., your scheduled time, and expect to have time to talk to work out a plea. Dockets are generally overbooked and sessions need to start on time.
- If you have come to a negotiated disposition, complete your acknowledgments and waiver of rights, agreements or sentencing forms early and get them to the clerk. Most clerks will take pleas first, but if they don’t know what your intentions are, they will assume you are going to trial. Many times that assumption puts you at the bottom of the list.
- Be friendly and professional. If you can’t manage to be genuinely interested, at the very least, be professional. By all means, don’t take out your frustrations on the clerk.
One clerk offered this final thought and it seems to be true of every courthouse: “Remember, as eloquently stated by one of our assigned judges, ‘Always be good to the clerk. A judge can hurt you, but a clerk can kill you!’”
James P. (Jim) O’Rourke is an Assistant County Attorney with the Strafford County Attorney’s Office. A member of the New Lawyers Committee, he lives in Concord with his wife Emily. A graduate of the George Washington University School of Law, he was admitted to the Bar in 2003.
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