Superior Court of Delaware, New Castle County Junior Lawyer Participation Incentives

Newer attorneys remain subject to the highest professional standards and must be adequately prepared, familiar with the record and law, and authorized to handle the proceeding.

All attorneys, including newer attorneys, will be held to the highest professional standards. Relatedly, all attorneys appearing in court are expected to be adequately prepared and thoroughly familiar with the factual record and the applicable law, and to have a degree of authority commensurate with the proceeding.

A “newer attorney” is an attorney who has practiced for fewer than seven years.

The Court is cognizant of a growing trend in which fewer cases go to trial, and in which there are generally fewer opportunities in court for speaking or "stand- up" engagements. This is especially true for newer attorneys, that is, attorneys practicing for less than seven years ("newer attorney(s)").

The Court encourages newer attorneys to participate in proceedings, particularly by arguing motions they drafted or significantly helped brief.

Recognizing the importance of the development of future generations of practitioners through courtroom opportunities, the undersigned Judge encourages the participation of newer attorneys in proceedings in my courtroom-particularly as to oral argument on motions where the newer attorney drafted or contributed significantly to the briefing for the motion.

After full briefing, a party may notify the Court through its oral-argument request or a later separate notice that a newer attorney intends to argue all or part of the motion.

After a motion is fully briefed, either as part of a Request for Oral Argument, or in a separate Notice filed thereafter, a party may alert the Court that, if argument is granted, it intends to have a newer attorney argue the motion (or a portion of the motion).

When notice identifies a newer attorney, the Court will grant oral argument if practicable.

Grant the request for oral argument on the motion, if it is at all practicable to do so.

The Court will strongly consider allowing additional oral-argument time when a newer attorney argues the motion.

Strongly consider allocating additional time for oral argument beyond what the Court may otherwise have allocated, were a newer attorney not arguing the motion.

When appropriate, the Court permits more experienced counsel of record to assist the newer attorney during oral argument.

Permit other more experienced counsel of record the ability to provide some assistance to the newer attorney who is arguing the motion, where appropriate during oral argument.

A party’s decision not to have a newer attorney argue a motion will not cause the Court to draw any inference.

The Court also recognizes that there may be many different circumstances in which it is not appropriate for a newer attorney to argue a motion. Thus, the Court emphasizes that it draws no inference from a party's decision not to have a newer attorney argue any particular motion before the Court.

The Court will not infer anything about a motion’s importance or the merits of an argument from whether a newer attorney argues it.

Additionally, the Court will draw no inference about the importance of a particular motion, or the merits of a party's argument regarding the motion, from the party's decision to have (or not to have) a newer attorney argue the motion.

The judge encourages newer attorneys who substantially drafted or contributed to motions to argue them, particularly when the court grants oral argument.

Recognizing the importance of the development of future generations of practitioners through courtroom opportunities, Judge Jones encourages the participation of newer attorneys (those attorneys relatively recently admitted to the Bar and who have less courtroom experience), particularly as to oral argument on motions where the newer attorney drafted or contributed significantly to the motion.

When advised that a newer attorney will argue, the court will grant oral argument if practicable, strongly consider extra time, and permit experienced counsel to assist.

If such notice is provided, the Court will: (A) grant the request for oral argument on the motion, if it is at all practicable to do so. (B) strongly consider allocating time for oral argument beyond what the Court may otherwise have allocated, were a newer attorney not arguing the motion. (C) permit other more experienced counsel of record the ability to provide some assistance during oral argument to the newer attorney who is arguing the motion.

No inference adverse to a party will be drawn from declining to have a newer attorney argue a motion.

Judge Jones recognizes that there may be many different circumstances in which it is not appropriate for a newer attorney to argue a motion; thus, no inference will be drawn from a party's decision not to have a newer attorney argue any particular motion before the Court.