August 2008

On-Your-Feet Experience

Trial lawyers have increasingly recognized that it is not easy for newer members of the trial bar to get practical, on-their-feet advocacy experience in the courtroom.  The Section of Litigation has been working on trying to find solutions, however, and, in this last column as chair, I would briefly like to highlight two avenues where less- experienced lawyers can both hone these skills and help their clients.

First, on the pro bono side, the Section of Litigation and the ABA’s Standing Committee on Legal Assistance for Military Personnel have collaborated on a first-of-its-kind national case referral project—the ABA Military Pro Bono Project—to assist active-duty service members. In the current wartime climate, the hardships faced by these men and women and their families are particularly great, and this project is designed to help.

This web-based venture will improve access to pro bono civil legal assistance for military personnel, including active-duty members of the National Guard and Reserves, while expanding opportunities for firms and attorneys to provide pro bono services. Referrals of income-eligible military clients will originate in military legal assistance offices after a thorough screening for legal merit by military “handling” attorneys, with additional screening by supervising military attorneys. The cases—arising in areas such as consumer, family, landlord-tenant, employment, probate, and guardianship law—will then be offered to attorneys and firms that have registered with the project website and who are qualified pro bono providers in the geographic area and subject area of interest for that case.

The project website, www.militaryprobono.org, will be up and running by the middle of this month. You can also contact Jason Vail, project director, for more information or to volunteer at 312/988-5783.

The second example comes from the Northern District of California. Federal District Court Judge William Alsup of San Francisco has issued a standard civil case management order that is designed to increase the opportunities for younger lawyers to argue pretrial motions in his courtroom.  The order provides that “if a written request for oral argument is filed before a ruling, stating that a lawyer of four or fewer years out of law school will conduct the oral argument or at least the lion’s share, then the court will hear oral argument, believing that young lawyers need more opportunities for appearances than they usually receive.” A number of attorneys have already taken advantage of the opportunity for advocacy that this order provides.

Obviously both clients and the firms representing them have to exercise judgment about when and whether to “guarantee” pretrial motion arguments pursuant to this order. But in this day of diminishing opportunities to appear and argue a case in person, this approach serves the client’s interest in getting effectively heard while also increasing the advocacy opportunities for young lawyers. It is an approach I would love to see adopted in more courtrooms around the country.

Judith A. Miller
Chair, Section of Litigation