Eastern District of Texas Junior Lawyer Participation Incentives

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If such a request is made, the Court will: A. Grant the request for oral argument on the motion, if it is at all practicable to do so, even if the Court would not ordinarily permit oral argument.

Summary: Court will grant oral argument if a newer attorney will argue, even if not ordinarily granted.

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If a party would like a Newer Attorney to argue a motion, after the briefing is ripe, the party should contact the law clerk to request oral argument and inform the clerk that a Newer Attorney will argue the motion or a portion of the motion.

Summary: Parties must contact law clerk to request oral argument by newer attorney after briefing is complete.

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The Court recognizes a growing trend in which fewer cases go to trial and there are generally fewer opportunities for attorneys to speak in court. This is especially true for newer attorneys, that is, attorneys practicing for less than seven years (Newer Attorney(s)). 1. If a party would like a Newer Attorney to argue a motion, after the briefing is ripe, the party should contact the law clerk to request oral argument and inform the clerk that a Newer Attorney will argue the motion or a portion of the motion. 2. If such a request is made, the Court will: a. Grant the request for oral argument, if it is at all practicable to do so. b. Permit sufficient additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing. c. Permit more experienced counsel of record to speak on the motion as well, where appropriate, during oral argument.

Summary: Attorneys with less than 7 years experience who argue motions receive preferential treatment including increased likelihood of oral argument, additional time, and permission for multiple attorneys to argue.

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If such a request is made, the Court will: a. Grant the request for oral argument, if it is at all practicable to do so. b. Permit sufficient additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing. c. Permit more experienced counsel of record to speak on the motion as well, where appropriate, during oral argument. d. Notify opposing counsel if such a request is granted and suggest opposing counsel reciprocate by permitting a Newer Attorney to make its argument.

Summary: Court will grant oral argument requests for newer attorneys if practicable, provide extra time, allow experienced counsel to speak, and suggest opposing counsel reciprocate.

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The Court is cognizant of a growing trend in which fewer cases go to trial, and in which there are generally fewer opportunities in court for speaking or “stand-up” engagements. This is especially true for newer attorneys, that is, attorneys practicing for less than seven years (“Newer Attorney(s)”).

Summary: Newer attorneys are defined as those practicing for less than 7 years.

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D. Notify opposing counsel if such a request is granted and request opposing counsel reciprocate in permitting a Newer Attorney to make its argument on the motion.

Summary: Court will notify opposing counsel and request they allow a newer attorney to argue.

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Thus, the Court emphasizes that it draws no inference from a party’s decision not to have a Newer Attorney argue any particular motion before the Court.

Summary: Court draws no inference from party's decision not to have newer attorney argue.

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Additionally, the Court will draw no inference about the importance of a particular motion, or the merits of a party’s argument regarding the motion, from the party’s decision to have (or not to have) a Newer Attorney argue the motion.

Summary: Court draws no inference about motion importance or merits from having/not having newer attorney argue.

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attorneys practicing for less than seven years ("Newer Attorney(s)")... (2) If such a request is made, the Court will: A. Grant the request for oral argument on the motion, if it is at all practicable to do so, even if the Court would not ordinarily permit oral argument. In those instances where the Court is inclined to rule on the papers, a representation that the argument would be handled by a Newer Attorney will weigh in favor of holding a hearing. B. Strongly consider allocating additional time for oral argument beyond what the Court may otherwise have allocated, were a Newer Attorney not arguing the motion. C. Permit other, more experienced counsel of record to speak on the motion as well, where appropriate, during oral argument.

Summary: Newer Attorneys (practicing less than 7 years) are incentivized with increased oral argument opportunities, additional time, and permission for experienced co-counsel to also speak.

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B. Strongly consider allocating additional time for oral argument beyond what the Court may otherwise have allocated, were a Newer Attorney not arguing the motion.

Summary: Court will consider allocating additional time for oral argument by newer attorneys.

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C. Permit other, more experienced counsel of record to speak on the motion as well, where appropriate, during oral argument.

Summary: More experienced counsel may also speak during oral argument.