Going to Court
One thing that people assume lawyers do is go to a courthouse. And while many lawyers never go to court, commercial litigators normally do. But how often they go and what they do there varies by the lawyer, by the case, and by the stage of the case. So I thought it made sense to shed some light on this aspect of the job.
Why should you read this post about going to court?
It’s the most exciting part of being a litigator, and so the most exciting part of this blog.
You want to know what goes on in a courthouse but are afraid that if you went you’d get sent to jail or something.
You’ve watched a lot of judge shows and want to know if they’re realistic.
Image credit: https://en.wikipedia.org/wiki/Courthouse#/media/File:Bulloch_county_courthouse_statesboro_georgia_2005.jpg
The fanciest part of a commercial litigator’s job are oral arguments and trials. But two of the most common court appearances commercial litigators make in court are calendar calls and status conferences. Despite the fact that these appearances are often brief and often do not tackle the main issues, parties dress formally and treat the court with deference.
Calendar Calls
When a party files a motion, the court may assign a time and place to meet to discuss it. But often, a court will assign the same time and place to dozens of lawsuits. Then, lawyers representing parties for all of the lawsuits will sit in a courtroom and wait for their turn to speak with the judge. This is especially common in state court, as opposed to federal court, where there are many more cases and sometimes less formal organization.
There is often little to do at a calendar call before the clerk calls the name of the case besides sit in the back of the courtroom and wait for your turn. You may often hear lawyers shout the name of their clients, hoping to meet them for the first time if they had not previously met in person before the court date.
Often, the judge decides very little at these meetings. The judge may not even get involved, and instead delegate the meeting to one of her clerks.
When the clerk announces that the court is ready to hear a case, each side’s representative approaches the judge or the clerk and answers their questions. Usually the questions are about scheduling and the parties are encouraged to agree on a schedule and jointly submit it in writing to be approved. But sometimes the court will hear arguments on substantive issues in a calendar call.
Status Conferences
Early in a case, and then periodically thereafter, a judge may order the parties to come to court to discuss a schedule for the case or decide administrative issues (such as the number of depositions or
Unlike a calendar call, status conferences may be scheduled for a specific case, instead of for a large number of cases all at once. And they may take place in the courtroom or in the judge’s private office, called their “chambers.”
Like a calendar call, a status conference rarely involves argument and more often involves the judge just stating how the case will proceed or asking questions from each side. If the parties want something specific from the judge, they generally ask for it informally, although respectfully.
At status conferences, it is common for the judge to urge the parties to settle their dispute and recommend resources like a mediator to assist.
Court Appearances During the Pandemic
During the covid-19 pandemic, many court appearances have taken place over platforms like Zoom, Microsoft Teams, or a conference call by phone. In my practice, this has eliminated the calendar call, so I no longer bill clients for time I spend waiting in a courtroom. Instead, the court schedules a specific time for me to be available for a video chat.
But starting in mid-2021, I have seen more courts return to in-person appearances. Some courts require parties to remain masked and employ numerous screens to protect judges and parties from airborne transmission of germs. One court I visited recently took my temperature upon arrival. Others, however, have fewer precautions.