PROFESSIONALISM CORNER
Professional Courtesy and Civility : Always Remember the Judicial and Magistrate Assistants
CATHY L . PURVIS LIVELY
Judicial and Magistrate assistants ( the “ Assistants ”) do not always receive the same level of courtesy and civility extended to other professionals . When thinking of professionalism , consider how complying with the Palm Beach County Bar Association Standards of Professional Courtesy and Civility extends to the Assistants . For example , standard III ( 5 ) directly addresses interactions with Assistants and provides as follows :
“ Attorneys and their staff should a ) act and speak civilly to court deputies and bailiffs , clerks , court reporters , judicial assistants , and law clerks ; b ) be selective in inquiries posed to judicial assistants as their time and resources are limited ; and c ) familiarize themselves with the court ’ s administrative orders , local rules , and each judge ’ s published standing orders , practices , and procedures .”
How can lawyers comply with the intent of this standard ?
Keep in mind the number of cases the Assistant is dealing with - between 1300 and 1500 per division . Some Assistants deal with more than one division , so the number of cases at any time may be quite high .
Take the time to read the Divisional Instructions before contacting the Assistant . The judicial website addresses most , if not all , questions . If the judicial website does not answer a specific question or issue , contact the Assistant using the contact method provided in the instructions . Assistants note this as a best practice tip and also list that failure to read and follow the Divisional Instructions as a pet peeve . Another best practice tip from an Assistant is to be sure to read the Divisional Instructions when there is a judicial rotation . As noted by one Assistant , the instructions provide an easily accessible “ cheat sheet ” for each division .
Email the Assistant only when instructed to do so . Consider the number of emails you receive on an average day . The Assistants receive anywhere from 50 to 100 ( or more ) emails per day . Unless specifically instructed , do not include the Assistant in the email threads between counsel or unnecessarily forward copies of motions , discovery , or other documents .
Think about those days when you have non-stop calls and voicemails , and the stress of returning the calls . The Assistants receive high volumes of calls , sometimes over 100 calls in a day . Repeatedly calling and leaving multiple voicemails only adds to the frustration . If the Assistant does not answer the phone , it may be because they are monitoring hearings , dealing with emergencies , or returning other calls . Exercise discretion when calling and leaving a message . Assistant pet peeves include repeated calls during UMCs , and not checking the OLS before calling for hearing dates .
Lawyers need to consider the other standard as well when working with Assistants .
Standard I ( 4 ) states that lawyers notify the court of any resolution that renders a scheduled court appearance unnecessary . Assistants are scheduling hearings and trials for a large volume of cases and there are only a limited number of hours in a day . Giving as much notice of any resolution as possible is a simple way of extending a courtesy to the Assistant who is managing a busy schedule . Providing timely notice of canceling hearings is yet another best practice .
Standard IV ( 3 ) states that lawyers submit arguments to the court in a motion and memorandum of law , not in the text of an email . Not only is doing so inappropriate , but it overburdens the Assistant . For example , it is unnecessary and violative of the intent of the standard to include arguments within an email requesting dates for hearing .
Standard V ( 1 ) states that lawyers should refrain from actions which cause unnecessary expense or delay . Unnecessarily scheduling or holding hearing dates can fall within this standard . When the Assistant provides dates for
PBCBA BAR BULLETIN 16 hearings , they may hold those times open or may allocate the times on a firstcome-first serve basis . At the very least , before contacting the Assistant , check your availability . If you have the opposing side ’ s Notice of Unavailability , take a few minutes to review it before obtaining dates . After getting the dates , attempt to coordinate with all parties and do not leave the Assistant holding those dates for an indefinite time .
Sometimes , the lack of professionalism does not come from the lawyer but from members of the lawyer ’ s staff . Be sure to educate your staff and incorporate the standards into your office policies and procedure .
The Assistants are knowledgeable professionals working in a very busy and overwhelmed legal system . The Assistants should not be held responsible for scheduling delays , lack of available dates , or other difficulties encountered in the practice of law . Frustration , stress , and anger should not be directed at the Assistant . Instead , lawyers need to be proactive and take steps to comply with the standards to show professionalism toward the Assistants and to treat them with respect , civility and courtesy . In doing so , lawyers can reduce some of the frustrations that they all face from time-to-time .