IN THE PROFESSION your technology decides to fail that day .
• Be strategic in your use of PowerPoint presentations . No one likes for an individual to simply read information off a slide to them . PowerPoints can be useful guides , but they should not be your script .
• Objections should be directed towards the judge , not opposing counsel . Always remember to state the general basis for the objection .
• Come prepared with hard copies of any last-minute filings . Judges are not automatically notified when you file a pleading or brief in your case ( shockingly we have more than one case to handle on any given day ). Thus , we may not know that you filed a motion overnight and we certainly are not aware of the contents of the filing . Rather than expressing your annoyance with the judge ’ s lack of knowledge of your pending brief , have a copy of your brief for the judge to review and be prepared to address it in open court .
Conclusion
Professionalism during litigation demands appropriate communication with your client , opposing counsel , and the judiciary . The Rules of Professional Conduct require prompt communication with a client — especially when a bad result occurs as a product of your ( or your firm ’ s ) mistake . 7 Many judges now require actual conversations ( not merely e-mails ) with opposing counsel to discuss pretrial issues that may arise . Informing the Court of any scheduling conflicts helps avoid any miscommunication that could arise between you and the assigned judge .
Most Georgia lawyers who appear in my courtroom act in the manner expected by the State Bar — treating opposing counsel , parties , the judge , and everyone in the courtroom — with the utmost respect and civility . Following the rules set out by the uniform rules and by the judge presiding over your case will provide a pleasant experience not only for you and the judge , but your client as well . The flexibility that accompanied the pandemic created a sense of informality and lack of preparedness that has frustrated the judiciary ( at least the state court judiciary ) for the past few years .
Be prepared . Follow the rules . Be nice to others . Communicate with your client , opposing counsel , and your judge . If you follow these adages , your client , opposing counsel , and judges will recognize and appreciate the effort . Remember your behavior only reflects poorly on you , and judges ( as well as attorneys ) talk to one another about behaviors they have seen during litigation . __________________________________
1A Lawyer ’ s Creed , State Bar of Georgia , available at https :// www . gabar . org / Handbook / index . cfm # handbook / rule420 . 2Aspirational Statements , State Bar of Georgia , available at https :// www . gabar . org / Handbook / index . cfm # handbook / rule422 . 3The rule does not distinguish between superior court jury trials and state court jury trials . 4This is particularly true for those motions that are e-filed . Depending on the e-filing software , there is often a delay from the time of filing until the judge or his or her staff are notified that a motion is filed or even ripe for the judge ’ s consideration . Uniform Superior Court Rule 6.1 attempts to address this delay and requires lawyers to notify judge ’ s staff and all parties that a motion has been e-filed . 5For further guidance , see Unif . Sup . Ct . R . 9.2 . 6This is prohibited under Georgia law . O . C . G . A . § 40- 6-241 .
7Ga . R . Prof . Conduct 1.4 .
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