Eastern District of Pennsylvania Junior Lawyer Participation Incentives

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Counsel are encouraged to have other trial team members argue all or parts of motions, as well as participate in Rule 16 conferences as long as counsel is giving the team member access to the client and to all information needed to properly prepare. Counsel are also encouraged to have trial team members prepare and present ancillary witnesses for trial testimony.

Summary: Counsel are encouraged to let other trial team members argue all or parts of motions, participate in Rule 16 conferences, and prepare ancillary witnesses, provided they have access to the client and all information needed to prepare.

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The Court encourages parties to consider some hearings on discovery disputes as an opportunity for associates to argue issues on the record and develop effective advocacy skills.

Summary: The Court encourages parties to have associates argue discovery-dispute hearings on the record to develop advocacy skills.

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Only one attorney for a party may examine the same witness or argue the same legal point. More than one attorney for a party may examine different witnesses or argue different legal points.

Summary: Only one attorney per party may examine same witness or argue same point.

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Judge Beetlestone will permit more than one attorney for a party to examine different witnesses or to argue different points before the Court, but she will not permit two attorneys for a party to examine the same witness or argue the same point. See Local Rule of Civil Procedure 43.1.

Summary: Multiple attorneys may examine different witnesses or argue different points, but not the same witness or point.

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Judge Henry will grant requests for oral argument only if oral argument would illuminate any aspect of the pleadings or briefs.

Summary: Oral argument granted only if it would illuminate pleadings or briefs.

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Civil cases

Judge Weilheimer believes the courtroom provides the opportunity for growth and development for the newest members of our profession and encourages senior counsel to give their associates, who have skilled knowledge on the matter, the opportunity to appear and make argument to the Court. When a party chooses to avail itself of this opportunity, counsel should notify the Court either at sidebar on the day of argument or in advance via email to Chambers of the name of the associate who will be representing the party and the name of senior/supervising counsel. Supervising counsel will be given an opportunity to supplement their associate’s argument.

Summary: Junior attorneys (associates) may argue with notice to chambers; supervising counsel can supplement their argument.

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More than one attorney for a party may examine different witnesses or argue different points of law before the court. Only one attorney for each side may examine the same witness or address the jury during the opening statement or summation.

Summary: Multiple attorneys may examine different witnesses or argue different points, but only one per side may address the jury.

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Requests for argument will almost certainly be granted when the request indicates that a junior lawyer will have a speaking role. See section 11, below.

Summary: Oral argument requests more likely granted when junior lawyer will argue.

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We encourage counsel to assign speaking roles in court to less-experienced lawyers, particularly where the lawyer in question is more familiar with the matter at hand. We will draw no inference about the importance or merits of a matter from counsel’s decision to involve a junior attorney (or decision not to do so). To the contrary, we will make every appropriate effort to accommodate junior lawyers, including additional time and allowing co-counsel to speak when helpful. To that end, counsel may notify us when a junior lawyer intends to argue.

Summary: Court encourages junior lawyers to argue and will accommodate them with additional time.

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D. Development of Young Attorneys................................................................................ 24

Summary: Section on development of young attorneys

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The Court encourages trial counsel to assign court presentations to less-experienced attorneys, particularly where the less-experienced attorney is more familiar with the matter at hand. If necessary, the Court will permit two lawyers to make an argument in order to ensure that a more experienced counsel has an opportunity to buttress a younger lawyer’s presentation. The Court will draw no inference from a party’s decision to have a younger lawyer make a particular presentation, including as to whether the client deems the issue “important.”

Summary: Court encourages assigning presentations to junior lawyers and allows multiple attorneys to argue.

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The Court is likely to hear oral argument on dispositive motions, or if either party requests oral argument.

Summary: Court likely to hear oral argument on dispositive motions or if requested

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If the Court determines that oral argument will be helpful in deciding a matter, Judge Marston will schedule it, particularly when it involves a dispositive motion. A party desiring oral argument should request it by letter or in the body of the motion or responsive pleading.

Summary: Oral argument scheduled at Court's discretion, particularly for dispositive motions; parties may request by letter or in motion

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We encourage trial counsel to assign court presentations to less experienced attorneys unless we require lead counsel’s presence (e.g., Rule 16 and settlement conferences).

Summary: Junior lawyers encouraged to present unless lead counsel required.

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Judge Kearney will generally permit oral argument in criminal matters on substantive motions upon request.

Summary: Oral argument generally permitted on substantive criminal motions upon request.

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We encourage trial counsel to assign court presentations to less experienced attorneys unless we require lead counsel's presence (e.g., Rule 16 and settlement conferences). We are aware experienced trial counsel may not be directly involved in the day-to-day of the discovery process, issues in dispositive motions, or with a particular witness or issue at trial. If warranted, we encourage the parties and thoughtful trial counsel to allow well-prepared but less experienced attorneys to present their client's best position

Summary: Court encourages assigning court presentations and arguments to less experienced attorneys.

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argument, we may allow more experienced trial counsel to assist the less experienced attorney arguing the motion, where appropriate during oral argument.

Summary: Less experienced attorneys may have assistance from more experienced counsel during oral argument.

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We encourage development of trial lawyers

Summary: Encouragement for developing trial lawyers.

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Civil cases

Judge Wells encourages oral argument or motions in criminal cases.

Summary: Oral argument and motions encouraged in criminal cases.

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Civil cases

Judge Wells will permit only one attorney to examine a witness, but will allow more than one attorney to argue motions before the Court.

Summary: Only one attorney may examine witnesses; multiple attorneys may argue motions.

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Civil cases

During the trial, each party may have different attorneys examine witnesses and argue legal points. Each party may not, however, use more than one attorney to examine a particular witness or argue a specific legal point.

Summary: Multiple attorneys allowed for different witnesses/legal points, but only one attorney per witness or point.

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Judge Bartle does not routinely hear oral argument on motions, but will consider it on request of counsel or if he believes it will assist him in deciding the motion.

Summary: Oral argument not routinely granted but may be considered upon request or if helpful to decision.

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Criminal cases

Judge Slomsky will grant oral argument on motions if he believes it will assist him in deciding the motions. He usually considers and decides motions in limine prior to trial.

Summary: Oral argument granted at judge's discretion if helpful for decision-making.

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Civil cases

Oral argument may be requested or may be required by the Court.

Summary: Oral argument may be requested or required by the Court.

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Civil cases

Counsel in any case may request oral argument on a pending motion. Judge Baylson usually schedules oral argument on dispositive motions, or where the issues are complex and there is no controlling appellate decision.

Summary: Oral argument may be requested on any pending motion; usually granted for dispositive motions or complex issues.

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Civil cases

Judge Baylson encourages counsel to allow junior attorneys who have worked on the briefs to participate in the oral argument.

Summary: Judge encourages junior attorneys who worked on briefs to participate in oral argument.

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Criminal cases

Judge Savage will grant oral argument on motions if he believes it will assist him in deciding the motions.

Summary: Oral argument granted on motions at judge's discretion.