IN THE PROFESSION
you would be . Many times , those higherpriority cases resolve or are continued . If that happens , the lawyer is required to report to the next calendar listed on the proposed priority list . Do not presume you are excused from appearing for the next case on the list .
Communication as to conflicts — both with the Court and your client — will resolve most of the complaints raised in my unofficial State Court survey . The solution is simple : inform Court if you have a conflict and where you will be reporting that day and tell your client as well . There is nothing more uncomfortable for a judge than when a client is waiting in the courtroom , and does not know where their lawyer is or if that lawyer will appear . Oftentimes , a client ’ s case is the most important thing in their lives at that time — emotionally and financially . Clients do not understand what will happen if their lawyer does not show up . This stress on your client is avoidable .
2 . Interactions with Court Personnel
Courtroom personnel are an extension of the judge . Thus , lawyers should treat all courtroom staff with respect . The courtroom staff will tell the judge how litigants treat them when the judge is not present , so it is best to be kind and courteous . Also , it is important to recognize that your case is not the only case on the judge ’ s docket . Judges ’ days are often fastpaced — moving from one proceeding to the next , presiding over trials , and working on orders when they are not on the bench . Thus , if you file a routine motion with the court , do not expect the judge to sign the order the next day or within hours of its submission ; it is likely your motion is one of many that were filed that same day . 4
Finally , it is crucial that all lawyers review who is copied on e-mails between the litigants . While some of these emails make for excellent salacious readings , neither a judge nor her staff should be included unnecessarily on those emails , particularly the more contentious ones .
3 . Behavior during Zoom Proceedings
Everyone can agree that Zoom proceedings , in one form or another , are here to stay . Many judges — including myself — use
Zoom conferences to handle pretrial proceedings , especially for civil litigation . Zoom saves clients both time and money , and allows lawyers to be more efficient with their time .
Zoom , however , has had several drawbacks when it comes to the professionalism of lawyers and client behavior . While Zoom offers judges and litigants ’ flexibility , is not an invitation for informality or disrespect to others . Litigants should remain cognizant that a “ virtual ” courtroom is still a courtroom , and both lawyers and their clients should treat it as such . 5 Lawyers should be mindful of their demeanor , dress , and preparedness when they enter a virtual proceeding , and should instruct their clients about appropriate decorum . Most judges provide explicit instructions on what they expect for virtual proceedings , and while suit jacket and tie may not be required , pants are . Lawyers and their clients should be in a quiet location without unnecessary distractions ; this includes a general prohibition of “ Zooming ” while driving . 6
It is a good practice to double-check that your ( and your client ’ s ) mute buttons are working and activated at appropriate times . Be cognizant of your facial expressions and body language during virtual proceedings . Zoom provides a focused view of your face , and a judge can see every eyeroll , every scowl , and every smirk . If you would not make those faces in the courtroom , do not make them on Zoom . The State Bar Rules discourage lawyers from acting in a disrespectful manner . Your demeanor on Zoom is one clear way to demonstrate that you not only respect the court , and the other litigants involved in the proceedings .
Finally , if exhibits or documents are required for the virtual proceeding , send those documents to the court prior to the hearing . Zoom proceedings are meant to be more efficient and assist all parties in moving a case long as expeditiously as possible . Failure to submit documentation or exhibits ahead of the hearing often causes delay in the proceedings .
4 . Behavior During Discovery
Georgia Bar Rules 3.1 through 3.4 govern attorney behavior with other attorneys during litigation . These rules have a simple underlying concept : don ’ t be a jerk . The discovery process tends to bring out the worst in attorneys . Most discovery disputes can be resolved easily through calm discussion . But , often , attorneys demand judicial intervention after endless Rule 6.4 letters and motions . Then , once everyone comes to court , both sides act reasonably and are able to reach a resolution with very little court assistance . This is an inefficient ( and expensive ) way to litigate . I , along with many other judges across Georgia , require litigants to talk — whether via telephone or e-mail — before filing a discovery motion . The parties should only seek the court ’ s participation if a good faith , inperson or phone , discussion cannot resolve the dispute . Adopting this approach to discovery , even if a judge does not require it , will often save your time and your client ’ s money .
5 . Behavior in the Physical Courtroom
An unintended consequence of the pandemic and virtual hearings is the lack of overall decorum and lawyers ’ failure to adequately prepare for inperson proceedings . Do not mistake a judge ’ s congeniality for an invitation to be disrespectful of the Court and what it represents . Below are a few general points lawyers sometimes forget during litigation :
• Do not interrupt others — whether the judge or opposing counsel .
• Do not speak in a demeaning manner or roll your eyes when a judge disagrees with you . This is particularly true for trials . Jurors notice , and they often comment on attorney ’ s behavior after the verdict when providing feedback to the judge and litigants .
• Always keep your record in mind . Judges make mistakes , but the Georgia Court of Appeals or Supreme Court cannot review a transcript when you ask for a sidebar every time you want to lodge an objection . Your failure to put the objection on the record or make a proffer outside the presence of the jury could result in your client ’ s loss of an appealable issue .
• Be prepared to handle technology hiccups . You should always test the equipment prior to the start of the trial and always have a backup plan in case
12 April / May 2023