A Young Attorney's Perspective on Navigating an Unfamiliar Venue
ALM Media
Mario D'Adamo of D'Adamo Law.
Mario D'Adamo of D'Adamo Law.
It was a scorching hot summer day and my first time practicing in a courthouse in another county and I felt uneasy. Initially walking into a courthouse in another county or state can be intimidating. However, there are some practical steps that a young attorney can take in order to make the endeavor not only manageable, but rather a valuable learning experience. Most importantly it can help ensure the best possible outcome for your client.
Having only appeared in court in Philadelphia County during my first year of practice, I wanted to be able to expand my client base. In order to do so I needed an understanding of practice and procedure in other venues. Looking back on my venture into previously unchartered waters, I would like to share several key points that I learned that a novice practitioner should be aware of.
Look at the Court’s Website
Taking some time to purview the website of that particular court can give some invaluable practical tips. For example, is there parking close by? Is there a customer service area where you can ask questions? Are there public copier machines available? Is there wifi capability for laptops? Do you need a password? What is the cellphone-use policy? Also, the website provides substantive advice. Many of the forms that you need to comply with local rules of that venue are published right there. For example Montgomery County’s website has sample forms for primary custody, modification, relocation, intervention and agreement petitions along with instruction as to where to file and costs involved. They also provide a list of qualified professional therapist, drug and alcohol, anger management services and many other resources local to Montgomery County.
Know the Local Rules of Procedure
The local rules provide the road map that the practitioner must follow in order to navigate the unchartered waters of an unfamiliar venue.
I learned this early on when confronted with a simple issue of filing petition in a child custody matter. Specifically, each county in the commonwealth has its own service requirements that need to be satisfied when attempting to perfect service in a domestic relations matter. Some counties, such as Philadelphia, are considerably more lenient in satisfying this requirement (i.e., serving the opposing party via certified mail, first class mail or sheriff/constable). The court's website or the county's local rules of procedures, (which are generally available online) will provide greater detail for the practitioner. You will inevitably find that Judges and masters will be pleased when you have a handle on these specific nuances and follow the strictures of the local county rules.
Be Familiar With the Judges
Another important factor for young lawyers in practice is to learn about the judge before whom you are entering your appearance. Ask questions of lawyers that you know who may have appeared before that judge. If opposing counsel regularly practices in that particular state or county he probably has familiarity with the idiosyncrasies of that judge or even court staff in that room. A young lawyer’s ability to adapt to a judge's unique "dos or dont’s" will help you make a good—or bad—impression in front of that judge. Is the judge someone who likes you to move on rapidly in your line of questioning and wants you to get to the point? Is he someone who likes you to speak up? Is the judge one who has a reputation for scowling at lawyers or witnesses with whom he is losing his patience? To be forewarned is to be forearmed. You don’t want to irritate the judge or be rattled by their behavior and lose your train of thought or be derailed from your mission.
Know the State Rules of Evidence
Every state has their own distinctions. Know them as they pertain to your case. For example, in a child custody action, courts vary as to whether a child may testify (based on age and other factors). Some courts will permit hearsay evidence in particular actions involving minor children. Depending on the practice area, the rules of evidence can vary. Prior to stepping foot in a courtroom, a young attorney must be familiar with and know how to deal with evidentiary objections. Opposing counsel will inevitably move to admit a piece of evidence or object to a question. One must be able to deal with these issues early on and knowledge of the rules will automatically strengthen your credibility in the eyes of the court.
Reach Out to Your Professional Network
Speak to other attorneys who practice in the county or surrounding area about the courthouse’s culture. A strong professional network is an invaluable resource. Arrive early and get to know court personnel and staff. They are the people who are the backbone of the courthouse. They can be very helpful or not so helpful. Treat them with the respect that they deserve. Greet them cordially and introduce yourself with a smile. The legal community is ripe with practitioners who have years of experience practicing day to day in the same arena where we are just getting our start. It is essential to find the right mentor(s), seek advice and ask questions. Early on this is something that I made a point to do and it has proven to be invaluable in giving me advice I never learned in law school. I discovered that many seasoned lawyers—rather than being secretive about their practical knowledge—have been eager to share. Many delight in telling their “war stories.” I learned for example, that in a certain county jury awards are notoriously low in certain type of negligence cases. The seasoned lawyer told me to find an ethical way to get the venue changed. He had nothing to gain from giving me that advice, but was just eager to help a young lawyer on his way.
Mario D’Adamo III, of D'Adamo Law, maintains a general practice in Philadelphia and surrounding counties, focusing primarily on domestic relations, in addition to criminal defense and estate litigation. He worked as an assistant city solicitor for Philadelphia in the child welfare unit. Additionally, he represented a local union in various domestic relations matters. Contact him at mariodadamolaw@my.com.
