CB: Civil litigation is often tied up in discovery disputes, what advice do you have for young lawyers who want to efficiently proceed through discovery in a way that benefits their clients? JW: The rules do mandate you attempt to work out discovery disputes with opposing counsel prior to contacting the court. This should be substantive. Every attorney will have a time arise where the attorney will need an extension from another attorney. Keep this in mind and try to be reasonable regardless of which side you find yourself on. In addition, you will never get the perfect answer to everything you want from Interrogatories. You will have to conduct a deposition and a deposition is your friend.
increasingly used as a discovery and litigation tactic to move a case along. However, we often hear that many judges don’t look favorably upon such a use of pre-trial summary judgment motions. What advice do you have about the use of summary judgment motions? JW: The legal standard for Summary Judgment is difficult, however, often very appropriate. I find that there is often not a need for a hearing on a Summary Judgment motion. I feel that it’s best to let the court decide if a hearing is necessary to flesh out anything in the briefs. There are often times in the middle of a bench trial where it so apparent that a summary judgment would have resolved the case months earlier.
CB: For young attorneys who may take on juvenile or domestic relations cases, these cases can seem to drag on for some time. What advice do you have for getting clients a resolution to their problems fairly and efficiently? JW: The most difficult aspect is giving your clients reasonable expectations from the start. It is not helpful to promise a full moon and then six months later try to sell the half moon as the best outcome. It’s also important in these cases to convince the parties that they have to set aside past hurts and focus on moving forward. Until the parties are ready to move forward with their lives, they may not be ready to move forward with the case.
CB: How do judges get our pleadings? JW: This can depend on which county. For instance, my staff picks up every pleading in my division from the Faulkner County courthouse daily (assuming the pleadings all make it into my box). In Van Buren and Searcy counties, the judges do not have staff nearby and the counties cannot afford to mail the pleadings to the judges. Each time a judge goes to one of these counties, they collect the pleadings and distribute them back to all the other judges. Often weeks can go past before I get my pleadings from those counties. If you have a motion or are waiting on an order from a judge, don’t hesitate to call their chambers and check to make sure the judge has it regardless of the county.
CB: Most attorneys balance many cases and clients. Scheduling issues often arise, what advice do you have about asking for a continuance? JW: I don’t think you should use swear words in this interview (“Continuance”). Continuances are for unforeseen situations that prevent you from fully representing your client on the set date. Continuances are not for you to reschedule because you forgot about the date or haven’t prepared. If you do request a continuance, request it as soon as you know so that another case can benefit from your court date. CB:
Summary Judgment motions are
Chris Burks: Thanks for your time Judge! Any other passing thoughts for the young lawyers out there? JW: Make a commitment to get involved in your community and represent those less fortunate. I remember early in private practice representing for free an elderly lady on social security. She was so grateful, that she brought me homemade cookies every week until she passed away. I never felt more appreciated by a client. When you are sworn in, the oath you took states that you will use your license to reach out to the under privileged and not discriminate in your representation. Never forget the oath you took.
Chris Burks is an attorney and law clerk to Judge Wood. He is a 2007 Graduate of Davidson College and a 2010 Graduate of the University of Arkansas School of Law. You can contact Chris at chburks@gmail. com.
2012 Mock Trial Competition Attorney volunteers are needed to coach participating high school teams around the state. Coaching is a wonderful way to give back to the community, develop business and reputation, and to instill in the community the good works provided by the state’s excellent legal community. If you would like more information on becoming a team coach in your area, please contact the Arkansas Bar Association at (501) 375-4606. The Committee will pair those who volunteer with a participating high school team in their area.
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