Southern District of California Junior Lawyer Participation Incentives

Only one lawyer per party may examine a witness and make objections for that witness.

Where a party has more than one lawyer, only one lawyer may conduct the examination of a given witness and that lawyer alone may make objections concerning that witness.

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

The Court generally decides motions based on the papers submitted by the parties. However, for lawyers with less than 5 years admission to the bar, the Court will hold argument on civil motions where: (1) the motion will be argued by attorneys with less than 5 years of admission to the bar for at least two opposing sides; or (2) where the motion will be argued by an attorney with less than 5 years of admission to the bar on one side and the opposing attorney, notwithstanding their time admitted to the bar, also requests oral argument. Counsel must meet and confer on this issue and advise the Court of their request for oral argument no less than seven (7) days before the hearing by written pleading.

Junior lawyers (under 5 years) may be granted oral argument if both sides have junior attorneys or if opposing counsel also requests argument.

However, for lawyers with less than 5 years admission to the bar, the Court will hold argument on civil motions where: (1) the motion will be argued by attorneys with less than 5 years of admission to the bar for at least two opposing sides; or (2) where the motion will be argued by an attorney with less than 5 years of admission to the bar on one side and the opposing attorney, notwithstanding their time admitted to the bar, also requests oral argument. Counsel must meet and confer on this issue and advise the Court of their request for oral argument no less than seven (7) days before the hearing by written pleading.

Rule 11 pleas encouraged before magistrate judge; district judge pleas at pretrial motion date or scheduled.

Rule 11 guilty pleas may be taken by the magistrate judges on a report and recommendation. Because the magistrate judge may have a more flexible schedule, the Court encourages pleas before the magistrate judge assigned to the case. Rule 11 proceedings before the district judge may occur at the pretrial motion date or as scheduled by obtaining a date from the Courtroom Deputy.

Junior attorneys (≤5 years) may request oral argument on noticed motions.

Upon request, the Court will hold oral argument on a noticed motion handled by an attorney with no more than five years of experience. A request for oral argument under this provision should be included in a party’s moving papers or opposition. Alternatively, a party may file the request separately before the Court rules on the motion.

Court encourages opportunities for young lawyers to conduct hearings.

The Court strongly encourages litigants to be mindful of opportunities for young lawyers to conduct hearings before the Court, particularly for motions where

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

If a written request for oral argument is made in the moving, opposition or reply briefs stating that an attorney with less than five years of experience after becoming a member of the California bar will argue the oral argument, then such a representation will weigh in favor of holding a hearing.

Junior attorneys with fewer than ten years of experience can secure a hearing on a motion and permit multiple attorneys to argue when the junior attorney is among counsel advancing the motion.

The Court encourages parties to allow attorneys with fewer than ten years of experience to argue matters before the Court. To that end, the Court will hold a hearing (either remotely or in person, at the Court’s discretion) on any motion if one party notifies the Court in advance that an attorney with fewer than ten years of experience will be arguing at least a portion of the motion on behalf of that party. The party will be able to have more than one attorney argue their side of the motion if one of the attorneys arguing has fewer than ten years of experience.

The Court encourages using junior lawyers for discovery dispute arguments and will allow multiple attorneys to argue when at least one has fewer than ten years of practice.

The Court encourages parties to allow attorneys with fewer than ten years of experience to argue a discovery dispute during the pre-motion conference. The Court will allow multiple attorneys for a party to be heard on a dispute if at least one of the attorneys has fewer than ten years of experience.

Parties may request oral argument if lawyer has fewer than 10 years' experience.

The Court encourages parties to contribute to the development of the bar by permitting less experienced lawyers to argue matters before the Court. Any party may request oral argument on a matter where a lawyer with fewer than 10 years’ experience will argue on behalf of the party.

Junior lawyers (under 5 years experience) may increase likelihood of oral argument; they should contact Chambers to argue motions.

The Court encourages parties to contribute to the development of the bar by permitting less-experienced lawyers to argue matters before the Court. The Court may in its discretion hold a hearing on any motion where a party notifies the Court in advance that a lawyer with fewer than 5 years of experience will argue on behalf of the party. Any lawyer with less than 5 years of experience should contact Chambers if they would like to argue a particular motion.

Junior lawyers (fewer than 10 years of experience) may argue motions, and parties may request oral argument in such cases.

The Court encourages parties to contribute to the development of the bar by permitting less experienced lawyers to argue matters before the Court. Any party may request oral argument on a matter where a lawyer with fewer than 10 years’ experience will argue on behalf of the party.

Encourages junior lawyers (under 10 years) to argue motions and participate in conferences

The Court values the importance of providing opportunities for court appearances and conference participation for less experienced attorneys and encourages parties to give attorneys with fewer than ten (10) years of experience the opportunity to argue motions and meaningfully participate in settlement conferences and pre-motion discovery conferences before the Court, particularly where that attorney played a substantial role in drafting the underlying filing or matter.

Encourages specific requests for junior lawyer oral argument opportunities

In support of this policy, the Court encourages the following types of requests: (1) to allow for oral argument when the Court would normally rule on the papers; (2) to allocate additional time for oral argument beyond what the Court otherwise might have allocated were a newer attorney not arguing the motion; (3) to bifurcate oral argument such that a newer attorney argues only a portion of the motion while a more senior attorney argues the rest; and (4) to permit another more senior attorney of record to accompany and provide some assistance to the newer attorney who is arguing the motion, where appropriate during oral argument.

Judge will hold oral argument for junior attorneys (under 5 years) if requested by opposing counsel.

In an effort to provide junior attorneys with opportunities to argue in court, on request, Judge Moskowitz will hold oral argument where: (1) the motion will be argued by attorneys with less than 5 years of admission to the bar for at least two opposing sides; or (2) where the motion will be argued by an attorney with less than 5 years of admission to the bar on one side and the opposing attorney, irrespective of his or her experience, also requests oral argument.