District of Delaware Junior Lawyer Participation Incentives

Newer attorneys (less than 7 years experience) are encouraged to have in-court speaking opportunities; parties may notify the court of intent to have a newer attorney argue, opposing parties are encouraged to designate a younger attorney, and supervising counsel may assist during oral argument.

The Court encourages supervising attorneys to allow newer attorneys (those with less than seven years of experience) in-court speaking opportunities. Therefore, the Court provides the following guidelines: (1) After a motion is fully briefed (in either a contested matter or an adversary proceeding), a party may alert the Court that it intends to have a newer attorney argue the motion (or a portion of the motion). The party may advise the Court of such intent by filing a notice on the docket of the case or adversary proceeding. (2) If such notice is given, the opposing party is encouraged, but not required, to designate a younger attorney to present its case and to file a notice to such effect. (3) Whenever a younger attorney has been designated to argue a motion under this procedure, the Court will permit more experienced supervising counsel to assist the younger attorney where appropriate during oral argument.

Newer attorneys with less than 7 years of experience are encouraged to have in-court speaking opportunities; parties may alert the Court of intent to have a newer attorney argue.

The Court encourages supervising attorneys to allow newer attorneys (those with less than seven years of experience) in-court speaking opportunities. Therefore, the Court provides the following guidelines: (1) After a motion is fully briefed (in either a contested matter or an adversary proceeding), a party may alert the Court that it intends to have

If a party designates a younger attorney to argue a motion, the Court will permit supervising counsel to assist during oral argument.

If a party wishes to have a younger attorney argue the motion (or a portion of the motion). The party may advise the Court of such intent by filing a notice on the docket of the case or adversary proceeding. (2) If such notice is given, the opposing party is encouraged, but not required, to designate a younger attorney to present its case and to file a notice to such effect. (3) Whenever a younger attorney has been designated to argue a motion under this procedure, the Court will permit more experienced supervising counsel to assist the younger attorney where appropriate during oral argument. The Court particularly encourages supervising attorneys representing debtors to provide opportunities to newer attorneys to present first day motions in chapter 11 cases.

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.

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.

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.

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.

(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.

(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.

(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.

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.

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.

Judge Wolson encourages assigning court presentations to less-experienced attorneys and may permit two lawyers to argue if requested in advance.

Judge Wolson encourages trial counsel to assign court presentations to less-experienced attorneys, particularly where the less-experienced attorney is more familiar with the matter at hand (e.g., discovery hearings). If necessary, Judge Wolson will permit two lawyers to make an argument to ensure that a more experienced counsel has an opportunity to buttress a younger lawyer’s presentation, if the request is made in advance. Judge Wolson will draw no inference from a party’s decision to have a younger lawyer make a particular presentation, including as to whether the client deems the issue “important.”

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.

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.