S P E C I A L F E A T U R E A u t h o r : M i c h a e l S . H o o k e r – P h e l p s D u n b a r L L P continued from page 20 as many of these cases as we possibly can . The Branch can ’ t just stop . We have a Constitutional duty . I was required to sentence individuals , with their consent , by Zoom to keep up with the criminal docket . But the civil work is roughly 90 % of your day as a federal trial judge . I have been accommodative in extending deadlines , and conducting Zoom and telephonic conferences , recognizing that the attorneys themselves are trying to adjust their practices to COVID . But I need to provide , perhaps more so now , more prompting to keep the civil docket moving . I am not going to compel folks to go into the courthouse for a civil case where they may not be comfortable due to COVID . My view is that I am there to serve them ; they ’ re not there to serve me .
Q
A
Q
You previously stated that “ Less is more ” when it comes to legal writing . What advice do you have for lawyers making written submissions to you ?
In the first paragraph , tell me what you are asking for and how I can give it to you under the law . A lot of times lawyers will open up a version of the last thing that they did , and they just start doing Mad- Libs — filling in the parts of speech in blanks of a template . Don ’ t do that . Spend a good amount of time on the motion and tell me : “ Here ’ s what I ’ m asking for . It ’ s not or is opposed ? You can grant me relief under this statute / rule / case ….” It takes great genius to make things that are complicated sound simple . Say it like you would to someone you are talking while riding the elevator . If you can ’ t get out what you are asking for by the time the elevator doors open , you haven ’ t crystalized things yet .
That may be a segue into my next question — what is your biggest pet-peeve as a Judge ?
A Lawyers being disagreeable and smug to each other . I am as patient as they come . But when lawyers start pointing fingers and interrupting each other or feel the need to drop a footnote calling the other lawyer a liar or something , that is the number one thing that I will not tolerate . Civility is essential .
Q
A
I noticed on your bio that you ’ ve been involved over the years with the Inns of Court . Do you still participate in the Inns ?
Q
A the master-barrister-pupil model ; it really gives a chance to have at least some mentoring for lawyers . You don ’ t stop needing to be mentored because you are forty or fifty , etc . The mentoring and fostering professionalism aspects are why I believe so strongly in the Inns .
Judge , researching about your background , I learned that you have dealt with some challenges to your eyesight over the years . If you don ’ t mind , can you tell us a little about how that ’ s impacted your career and maybe what advice you would have for others dealing with significant obstacles , health-related or otherwise ?
I think this part is important because , until very recently , I ’ ve been hesitant to discuss it publicly . As an undergraduate , I noticed glare with driving at night . I thought I just needed new glasses . It turned out that I had a disease in my corneas called keratoconus . The only viable treatment in the early ’ 90 ’ s was a cornea transplant from a donor . I was focused on becoming a lawyer and receiving this news was devastating . I had one law school ’ s Admissions Dean tell me that although I had the requisite LSAT scores and grades , I may want to think about a different career . I think that was the hardest point in my life because you work so hard to get great grades , do well on the LSAT , and work undesirable jobs to make ends meet . But I just used it as motivation . I was legally blind during my first two years as a law and graduate school student . So , I prepared for class and studied by using machines that enlarged the pages of my casebooks onto a monitor and by listening to my readings on cassettes read by volunteers through a program called “ Vocal Eyes .” I learned how to be a better listener and faster reader . I made an incredible recovery after two cornea transplant surgeries , and my vision was not something that impeded my ability to practice law or meet the high reading demands of a judge . This Fall , I caught an eye infection in both eyes and am now blind in one eye –– it wasn ’ t caused by the eye disease –– the blindness [ was ] caused by an infection that could have happened to anyone .
Now is my opportunity to share my experiences with others and let folks know that you don ’ t need perfect vision to do the job of a lawyer or the I have been involved in three different Inns of Court over the years . Inns are structured through continued on page 22
M A R - A P R 2 0 2 1 | H C B A L A W Y E R
2 1