Eastern District of New York Junior Lawyer Participation Incentives

Oral argument required for all motions when parties are represented by counsel.

Source text: Where the parties are represented by counsel, oral argument will be held on all motions. The notice of motion shall state that oral argument will be held 'on a date and time to be designated by the court.' The Court will notify the parties to set the specific date and time for oral argument.

Inexperienced attorneys in complex hearings should be supervised by experienced counsel.

Source text: Relatively inexperienced attorneys who seek to participate in evidentiary hearings of substantial complexity (e.g., examining witnesses at trial) should be accompanied and supervised by more experienced attorneys.

Inexperienced attorneys are encouraged to participate in all court proceedings.

Source text: The participation of relatively inexperienced attorneys in all court proceedings—including but not limited to pre-motion conferences, pre-trial conference, hearings on discovery motions and dispositive motions, and examination of witnesses at trial—is strongly encouraged.

Junior lawyers (under 5 years) may increase likelihood of oral argument.

Source text: The likelihood of oral argument is increased if the Court is advised by letter with the filing of the motion or opposition that the attorney who will argue the motion or opposition has been admitted to the bar five years or less.

Junior lawyers (5 years or less experience) may increase likelihood of pre-motion conference.

Source text: In many cases, it will be apparent from the letter motion that a conference will not be needed, and a motion schedule will be set without a pre-motion conference. In other cases, the usefulness of a pre-motion conference will be clear based on the request. However, if a party advises the Court in its pre-motion conference request that an attorney with five years’ or less experience as a licensed attorney will be representing the party at the conference, the Court may schedule a pre-motion conference anyway.

Junior lawyers (5 years or less experience) may increase likelihood of oral argument.

Source text: The likelihood of oral argument will increase if the Court is advised by letter that the attorney who will argue the motion or opposition has five years’ or less experience as a licensed attorney.

If counsel indicates a lawyer with seven or fewer years of experience will appear, the Court may schedule a pre-motion conference.

Source text: However, if a party advises the Court in its pre-motion argument request that an attorney with seven years or less of experience as a licensed attorney will be representing the party at the conference, the Court may schedule a pre-motion conference.

The Court encourages lead counsel to allow lawyers with six or fewer years of experience to examine witnesses and present argument.

Source text: The Court strongly encourages lead counsel to permit lawyers with six or fewer years of experience to examine witnesses at trial and to present argument to the Court.

When a lawyer with six or fewer years of experience argues a motion, the Court may allow more experienced counsel to assist during oral argument.

Source text: If a lawyer with six or fewer years of experience will be arguing a motion, the Court will consider permitting more experienced counsel of record the ability to provide assistance, where appropriate, during oral argument.

The Court encourages attorneys with 6 or fewer years of experience to participate in oral argument and permits multiple attorneys to argue for one party.

Source text: The Court encourages the participation of less experienced attorneys (i.e., those with six (6) or fewer years of experience). To facilitate this provision, the Court is amenable to permitting more than one attorney to argue for one party.

Court encourages junior lawyer participation in proceedings and permits multiple attorneys to argue different issues for each party.

Source text: The court believes it is important to provide substantive opportunities to junior lawyers, and that the benefits of doing so will accrue to all members of the profession and their clients. To that end, the court strongly encourages litigants to permit junior lawyers to be active participants in court proceedings, including but not limited to pre-motion conferences, pre-trial conferences, oral argument of motions, evidentiary hearings, and examination of witnesses at trial. To facilitate these experiences, the court will permit multiple attorneys to argue different issues for each party.

Junior lawyers (6 or fewer years experience) may have multiple attorneys argue and divide argument time.

Source text: The Court encourages the participation in court proceedings by less experienced attorneys, particularly where that attorney played a substantial role in drafting the underlying filing or in preparing the relevant witness. 4.2.1. For the purposes of this rule, the Court considers a "less experienced attorney" to be a lawyer with six or less years of experience, exclusive of any time after bar admission that the attorney has been employed as a judicial clerk, has been on family or medical leave, or was otherwise not actively engaged in the practice of law. 4.2.2. To facilitate participation of less experienced attor- neys, the Court may permit multiple attorneys to ar- gue different issues for each party. The Court will also entertain such applications where parties are represented by more than one experienced attorney but seek to divide argument time.

Junior lawyers gain increased oral argument opportunities and may have multiple attorneys argue.

Source text: The Court may be inclined to grant a request for oral argument and/or to permit more than one lawyer representing a party to argue when doing so would afford the opportunity for a less experienced attorney described in Rule 4.2 to gain courtroom experience.

Less experienced attorneys are defined as those with 6 or fewer years of experience, excluding clerkships and leave time.

Source text: For the purposes of this rule, the Court considers a "less experienced attorney" to be a lawyer with six (6) or less years of experience, exclusive of any time after bar admission that the attorney has been employed as a judicial clerk, has been on family or medical leave, or was otherwise not actively engaged in the practice of law.

Court may allow multiple attorneys to argue different issues to facilitate junior lawyer participation.

Source text: To facilitate participation of less experienced attorneys, the Court may permit multiple attorneys to argue different issues for each party.

Junior lawyers (6 years or less experience) increase likelihood of pre-motion conference being scheduled.

Source text: if a party advises the Court in its pre-motion letter request that an attorney with six (6) years or less of experience as a licensed attorney will be representing the party at the conference, the Court will likely schedule a pre-motion conference.

If a lawyer with five years or less of experience will appear, the Court will schedule a pre-motion conference.

Source text: However, if a party advises the Court in its pre-motion argument request that an attorney with five years or less of experience as a licensed attorney will be representing the party at the conference, the Court will schedule a pre-motion conference.

If oral argument will be presented by an attorney with five years or less of licensed experience, the Court will schedule oral argument.

Source text: However, if a party advises the Court in its oral argument request that an attorney with five years or less of experience as a licensed attorney will be presenting the party’s argument, the Court will schedule an oral argument.

Oral argument is more likely when the arguing attorney has fewer than five years of experience.

Source text: Parties may request. Higher likelihood if arguing attorney has less than five years of experience.

Notifying the Court that arguing counsel has under five years of experience increases the likelihood of oral argument.

Source text: The likelihood of oral argument is increased if a party notifies the Court that the attorney who will argue the motion or opposition has less than five years of experience as a licensed attorney.

Notifying the Court that motion argument will be handled by counsel with under five years of experience increases the chance of oral argument.

Source text: The likelihood of oral argument is increased if a party notifies the Court that the attorney who will argue the motion or opposition has less than five years of experience as a licensed attorney.

Court encourages participation of relatively inexperienced counsel.

Source text: Court encourages participation of relatively inexperienced counsel.

Court encourages junior attorneys and law students to argue in court with supervision

Source text: The United States District Court for the Eastern District of New York is a teaching court, and the Court encourages opportunities for law students and junior attorneys to appear and argue in Court accompanied and supervised by a more experienced attorney. Requests for leave for law students to argue in Court will be freely granted, and the Court will permit multiple attorneys to argue for one party if this creates an opportunity for junior attorneys to participate.

The Court strongly encourages participation of relatively inexperienced attorneys in court proceedings.

Source text: The Court strongly encourages participation of relatively inexperienced attorneys in all court proceedings, including but not limited to initial conferences, status conferences, settlement conferences, and hearings on discovery motions and dispositive motions.

Multiple attorneys may argue for each party at oral argument.

Source text: The parties are not limited to one oralist per side. More than one person may speak on behalf of each party at oral argument, but the division of responsibility must be conducive to the orderly conduct of oral argument, and the person with the best knowledge of the issue is encouraged to speak to that side.