IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
STANDING ORDER REGARDING )
COURTROOM OPPORTUNITIES )
FOR NEWER ATTORNEYS )
)
ORDER
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 )").
Recognizing the importance of the development of future generations of practitioners
through courtroom opportunities, the undersigned Judge encourages the participation of newer
attorneys in proceedings in my courtroom-particularly as to oral argument on motions where
the newer attorney drafted or contributed significantly to the briefing for the motion.
To that end, the Court adopts the following procedures regarding oral argument as to
pending motions:
( 1) After a motion is fully briefed, either as part of a Request for
Oral Argument, or in a separate Notice filed thereafter, a party may
alert the Court that, if argument is granted, it intends to have a
newer attorney argue the motion (or a portion of the motion).
(2) If such notice is provided, the Court will:
(A) Grant the request for oral argument on the motion, if it
is at all practicable to do so.
(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 the
ability to provide some assistance to the newer attorney who
is arguing the motion, where appropriate during oral
argument.
All attorneys, including newer attorneys, will be held to the highest professional
standards. Relatedly, all attorneys appearing in court are expected to be adequately prepared and
thoroughly familiar with the factual record and the applicable law, and to have a degree of
authority commensurate with the proceeding.
The Court also recognizes that there may be many different circumstances in which it is
not appropriate for a newer attorney to argue a motion. 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.
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.
~.~
Dated: January 23, 2017
Christopher J. Burke d
UNITED STATES MAGISTRATE JUDGE
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