3) Know the hearsay rules, and the exceptions! If the other side objects to your witness’s testimony as hearsay, don’t just withdraw the question, use the exceptions— especially if it’s present-sense impression, an excited utterance, or not for the truth of the matter asserted. 4) If the other attorney calls a witness who does not hurt your case and they have no information, which will help your case, then be brave enough to say, “No questions.” When it comes to oral arguments in your courtroom, what do you expect from young attorneys? In family court (90% of my caseload), experienced attorneys rarely make closing arguments. But, if there is an important point of law or testimony that you need to explain or emphasize—you should do so. Please make it clear to the court that you would like speak before the court begins to rule. Judges get very unhappy if you make it look like they have decided without considering your arguments. If you must make an argument, hit your high points and sit down. What advice can you offer to young attorneys who find themselves in the midst of a discovery dispute? Keep your cool. Threatening sanctions and/ or being a jerk never works. If the other side is obnoxious, call them up and try to de-escalate the situation. Snotty letters and emails only make things worse. If they don’t respond to your (sincere) efforts to discuss the situation, then keep your language and pleadings tight and professional and know that they are one of those kind of lawyers—the kind that you don’t want to be. How has the legal profession, based on your view, changed or evolved since you began practicing law, in terms of the style or manner in which attorneys interact with one another? It hasn’t changed much since I passed the bar in 1998. We had email and the Internet even way back then. In cases, in which pretrial briefs are not required, do you prefer that attorneys submit pretrial briefs to the court? Only if there is an unusual question of law or a case exactly on point.
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AN IMPORTANT TIP: If you can show your humor in the courtroom in an appropriate way, you will win more cases
and have more fun.” —Judge Robert Herzfeld Circuit Judge, 4th Division, 22nd Judicial District of Arkansas
Also, don’t cite cases in your opening statement or closing arguments that you haven’t submitted to the judge before court. If it’s me, I’m going to look the case up on my bench and make you wait while I read it. (Woe be unto you if you mischaracterize the case). What are your favorite aspects of being a circuit court judge? I enjoy making difficult decisions. I also like lawyers. You are some of the most interesting people in the world because your knowledge is broad and most of you have a good sense of humor. An important tip: If you can show your humor in the courtroom in an appropriate way, you will win more cases and have more fun. What is your average caseload? How has your caseload changed since you initially took the bench? I hear about 1,000 cases a year (actual incourt hearings), and sign documents on probably another 1,000 or so. It’s been pretty consistent since I started. Do you personally believe that litigants should try to mediate issues before litigating issues in court? Sure. Settlement is almost always better because the parties have ownership over their own agreement. However, sometimes people need their day in court and will not be satisfied with anything less. That’s not the end of the world. In fact, I’d much rather have an hour-long hearing and hash things out in court than wait around for three hours while the attorney’s try to cram a settlement down their client’s unwilling throats. What do you believe is proper courtroom attire? Do you believe that young attorneys are making poor decisions with respect to courtroom attire? Explain. It’s obviously easier for men. They just have to wear a coat and tie and not be dumb enough to show up in jeans. (Guys, don’t ever show up
without a coat and tie. Keep a spare set at your office.) Women need to dress professionally. There’s no way I would try to define that. Do you have any interesting courtroom stories that you would like to share? No. (Ha! I just wanted to be the first judge to say “No” to that question.) Would you mind if young attorneys observed court in your courtroom? If you permit courtroom observation, do you require that young attorneys request permission to observe court? I would encourage it. I certainly wouldn’t require someone to ask permission, but I would prefer he or she to come say “hello” beforehand so I don’t think they were waiting to see me. Do you have any final words of wisdom that you would like to share with young attorneys? If you are a new attorney—even if you aren’t a young attorney—find a mentor. Or two. Ask for advice. You will be amazed at how far people will go out of their way to help you—not just with forms and procedure but how to handle cases, clients, other lawyers and especially how particular judges like things done. Don’t forget that judges like to help too. Be careful not to ex parte, but if you have hypotheticals or want to know how a judge prefers you handle something, ask. Most of us like giving advice and all of us want you to handle yourself properly in our courts. Then, when you’re no longer a new attorney, go out of your way to help new lawyers yourself. They will never forget it and you will make a new friend. Isn’t that nice? Megan E. Wooster is the owner of M.W. Law, PLLC, a domestic relations litigation firm, in downtown Little Rock, Arkansas. She can be contacted at (501) 372-3700 or megan@mwlawpllc.com.
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