The Atlanta Lawyer January/February 2014 | Page 16

Celebrating 125 Years

Confessions of a Former Litigator
By Beth Baer
Staff Attorney for Judge Kelly Lee,
Fulton County Superior Court

W

hen I was a business litigator, I would file 45 page
briefs with attachments that would fill a banker’s
box, and that didn’t include the reply brief or surreply. As an experienced attorney for more than 15 years, I
thought it was critical to amply educate the court as to my
position and to have the last word. I was too busy to call
the judge’s chambers when I had a question about one of
my cases, so I would ask my assistant to do it; however, I
usually didn’t give her all the information necessary to find
out what I needed to know. Occasionally I was late to court,
but it was because of traffic or the long line at security. I
would beg for extra time to consolidate my pretrial orders
or to finish jury charges and thought nothing of requesting
continuances or specially settings because my clients were
“busy.”

law available to do-it-yourselfers. If what staff attorneys do
looks easy, it’s only because they are good at it.

Now I am on the other side of that mountain of paper and those
pesky phone requests. As staff attorney for Judge Kelly Lee, I
manage a caseload of at least 150 civil disputes and a felony
caseload of approximately 120 to 150 cases. Thirty-five to
fifty new cases come in each month and attorneys – or their
assistants - call or email every day, to get a deadline extended,
a trial specially set or just to ask “How.” Staff attorneys serve
as buffers between the court and practitioners/parties. Our
job is to sift through the briefs and requests and to present
the issues and the law to the judge in a neutral fashion so as
to assure judicial impartiality.

• Save your shotgun for the dove field. Don’t make losing
arguments. They reduce credibility.

When I retired my briefcase to take this job, I thought I was
going into semi-retirement. Certainly the pay reflects parttime hours. If the life of a litigator is like a marathon race (and
often that’s what it felt like) life as a staff attorney is a sprint.
There is no down time. Opposing briefs require analysis,
additional research, synthesis and, in some unfortunate cases,
deciphering before presenting them to the judge. Motions
can stack up, while we manage the judge’s calendar, assist
during trial, prepare jury charges and answer phone calls and
emails. Self-represented litigants, who require patience and
dema nd to be heard, are multiplying as the cost of litigation
increases and the internet purports to make the practice of

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THE ATLANTA LAWYER

January/February 2014

This is a job that I love to whine about, but I do find it
stimulating and worthwhile. I have the chance to witness
talented litigators, who have a lot to teach, which is one
reason we invite law school interns to work in chambers.
They are also exposed to invigorating legal debates, factual
presentations woven into compelling stories, a command of
the evidentiary rules and grace under fire. They see a variety
of litigation styles, learn how to make effective arguments and
hopefully avoid tiresome ones.
What would I do if I knew then, what I know now? I’d take the
advice I give to any law student or lawyer who asks:

• Set out the material facts fairly and accurately; anything less
reduces credibility.
• Cite authority correctly and be sure the case law supports
your argument. Anything else reduces credibility. Staff
attorneys and judges actually read the cases.
• Be aware that you can acquire a reputation. At the end of
the day, with a close legal question, credibility is extremely
important.
• Be on time to court. Call if you will be late. This may save
your client an adverse ruling.
• Always furnish the court with a courtesy copy of your filings if
it requires a decision by the court. At least in Fulton Superior
Court, if we don’t see it, we don’t know to put it in our pipeline.
• If the court issues a Scheduling or Case Management Order,
read it. Give it to your legal assistant to read and to make
sure you follow it.

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