District of Delaware Junior Lawyer Participation Incentives

The Court encourages attorneys with fewer than seven years of practice to participate in oral argument and trial proceedings, and welcomes notice when they will do so.

Source text: The Court encourages newer attorneys – i.e., those attorneys who have been practicing for less than seven years – to participate in courtroom proceedings. To the extent that a party wishes to inform the Court that a newer attorney will be participating in oral argument or in trial proceedings, the party may do so and the Court welcomes receiving such notice.

Attorneys with fewer than 7 years of experience are encouraged to participate in proceedings.

Source text: The Court encourages newer attorneys – i.e., those attorneys who have been practicing for less than seven years – to participate in courtroom proceedings. To the extent that a party wishes to inform the Court that a newer attorney will be participating in oral argument or in trial proceedings, the party may do so and the Court welcomes receiving such notice.

Judge encourages newer attorneys to argue motions they contributed to briefing for.

Source text: 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.

Parties must notify court if newer attorney will argue motion.

Source text: (1) 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).

Court will grant oral argument if practicable when newer attorney will argue.

Source text: (2) 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.

Court will consider allocating additional time for oral argument with newer attorney.

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

Court draws no inference from decision not to have newer attorney argue.

Source text: 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.

Court draws no inference about motion importance or merits based on newer attorney participation.

Source text: 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.

Newer attorneys (practicing fewer than 7 years) are encouraged to participate in oral arguments; upon notice, judge grants oral argument if practicable, considers extra time, and allows experienced counsel to assist.

Source text: I am cognizant that a small fraction of cases go to trial, resulting in few courtroom opportunities, especially for newer attorneys—those practicing for fewer than seven years. Courtroom opportunities can be important development experiences, so I encourage newer attorneys to participate in proceedings in my courtroom, especially if they drafted or contributed significantly to briefing that is relevant to oral argument. To effect that goal, I adopt the following procedures regarding oral argument: (1) After the parties fully brief a motion, a party may alert me via a Request for Oral Argument or in a separate Notice that the party intends to have a newer attorney argue the motion or a portion of the motion if I grant argument. (2) If the parties provide this notice, I will (A) grant the request for oral argument on the motion, if practicable; (B) consider allocating additional time for oral argument beyond what I would normally allow; (C) permit more experienced counsel to help the newer attorney during oral argument, when appropriate. I will still hold all attorneys to high professional standards, and I expect all attorneys appearing in court to be adequately prepared, to be familiar with the record. I will not base the importance of a motion or the merits of an argument based on a party’s decision to have or not have a newer attorney argue the motion.