Southern District of California Junior Lawyer Participation Incentives

Only one lawyer per party may examine any given witness.

Source text: When a party has more than one lawyer, only one lawyer may conduct the examination of a given witness.

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

Source text: 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.

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

Source text: 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.

Source text: 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.

Source text: 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.

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

Source text: 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.

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

Source text: 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

Source text: 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

Source text: 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.

Source text: 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.

Court encourages opportunities for young lawyers to conduct hearings.

Source text: 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.

Source text: 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.