⚠ Recovered from a scanned original by OCR — check the official PDF before quoting exact language.
FILED
APR 28 202)
CLERK, U.S. DISTRICT COURT
WESTERN DISTRIGTOF TEXAS
Standing Order Regarding Courtroom Opportunities for Newer Attorneys DE CLERK
The Court recognizes a growing trend in which fewer cases go to trial and there generally are few
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)”). Opportunities for Newer Attorneys to speak
in federal court are rare. Accordingly, the Court strongly encourages litigants to be mindful of
opportunities for Newer Attorneys to conduct oral argument, particularly where a Newer Attorney drafted
or contributed significantly to a motion or response. The Court believes that all attorneys share the
responsibility to assist in providing substantive experience to the next generation of lawyers and that the
benefits of doing so accrue to Newer Attorneys, clients, and the profession generally. The Court strongly
encourages all parties to keep this goal in mind.
Recognizing the importance of developing future generations of practitioners through courtroom
opportunities, the Court adopts the following procedures for oral argument on motions:
1. Ifa party would like a Newer Attorney to argue a motion, after the motion is ripe, the party
should contact the courtroom deputy to request oral argument and inform the deputy that a
Newer Attorney will argue the motion or a portion of the motion.
2. Ifsuch a request is made, the Court will:
a. Grant the request for oral argument, if it is practicable to do so, even if the Court
ordinarily would not permit oral argument on the motion. Where the Court is inclined
to rule on the briefs, 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
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 ask opposing counsel to
reciprocate by permitting a Newer Attorney to make its argument.
All attorneys, including Newer Attorneys, will be held to the highest professional standards. All
attorneys appearing in court are expected to be adequately prepared and thoroughly familiar with the
factual record and applicable law, and to have a degree of authority commensurate with the proceeding.
The Court recognizes that there may be circumstances in which it is not appropriate for a Newer
Attorney to argue a motion. The Court draws no inference from a party’s decision not to have a Newer
Attorney argue a motion before the Court. The Court also draws no inference regarding 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.
SIGNED on April 23, 2020. . f |
SUSAN HIGHTOWER
UNITED STATES MAGISTRATE JUDGE
