Southern District of New York Junior Lawyer Participation Incentives

Oral argument rarely granted; more likely if junior lawyer (admitted within 5 years) argues.

Source text: Judge Gorenstein normally does not hear oral argument on motions. A party may request oral argument by letter. If the Court determines that argument will be heard, it will so advise the parties. (A request for oral argument is more likely to be granted if a party identifies a lawyer to argue the motion who has been admitted within the previous five years and references this paragraph in the letter request.)

Junior attorneys are encouraged to argue motions and question witnesses they have helped prepare, with the Court amenable to multiple lawyers arguing for one party.

Source text: Junior members of legal teams representing clients are invited to argue motions they have helped prepare and to question witnesses with whom they have worked. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. This Court is amenable to permitting a number of lawyers to argue for one party if this creates an opportunity for a junior lawyer to participate. The ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case, not for the Court.

Junior lawyers are encouraged to argue motions and question witnesses, with the Court permitting multiple attorneys to argue to create participation opportunities.

Source text: Junior members of legal teams representing clients are invited to argue motions they have helped prepare and to question witnesses with whom they have worked. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. This Court is amenable to permitting a number of lawyers to argue for one party if this creates an opportunity for a junior lawyer to participate.

Court encourages junior lawyer participation in proceedings, allowing second lawyer to handle portions of proceedings.

Source text: Normally, the Court applies the "one lawyer per party" rule for conferences, hearings, and motion arguments. However, the Court is willing to vary that rule in order to create opportunities for less experienced lawyers to argue or otherwise participate in courtroom proceedings as to matters they have helped prepare, and firms are encouraged to provide such opportunities for the junior members of their teams. Lead counsel should advise the Court at the outset of a proceeding of any request to permit a second lawyer to handle a portion of that proceeding.

Court encourages junior attorney participation in proceedings.

Source text: The Court encourages the participation of less-experienced attorneys in all proceedings—including pretrial conferences, hearings on discovery disputes, oral arguments, and examinations of witnesses at trial—particularly where that attorney played a substantial role in drafting the underlying filing or in preparing the relevant witness.

Junior lawyers are encouraged to participate in proceedings, and Court may grant oral argument requests where junior attorneys would gain experience.

Source text: The Court encourages the participation of less-experienced attorneys in all proceedings—including pretrial conferences, hearings on discovery disputes, oral arguments, and examinations of witnesses at trial—particularly where that attorney played a substantial role in drafting the underlying filing or in preparing the relevant witness. The Court may be inclined to grant a request for oral argument, or a request for more than one attorney to speak on behalf of a party in a conference, where doing so would afford the opportunity for a junior attorney to gain experience.

Parties should notify Court if oral argument will be handled by a junior attorney, as this may increase likelihood of argument being granted.

Source text: A party should advise the Court by letter if oral argument would be handled by a less-experienced attorney because, as discussed in Paragraph 7 above, that may make the Court more inclined to hold oral argument.

Junior lawyers (6 or fewer years) are invited to participate in conferences and may argue with permission.

Source text: The Court invites the participation of less experienced attorneys (i.e., those with six or fewer years of experience), including attorneys from all backgrounds, where the attorney(s) played a substantial role in drafting the underlying filing or preparing the relevant witness. Notwithstanding Section 3(b)(i), the Court may permit more than one attorney to argue for one party. The ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case, not for the Court.

Parties may advise Court if oral argument will be handled by less-experienced attorney.

Source text: If oral argument would be handled in whole or in part by a less-experienced attorney, a party may so advise the Court consistent with Section 3(e) above.

Court encourages junior lawyers to argue and may allow multiple attorneys to argue.

Source text: The Court encourages senior lawyers to allow junior lawyers the opportunity to argue in court, whether at a conference, hearing, trial or otherwise. Indeed, the Court prefers that the lawyer most familiar with an issue argue it in court, regardless of seniority. The Court may permit more than one lawyer to argue for one party where doing so would create the opportunity for a junior lawyer to argue.

Junior attorneys encouraged to argue motions they helped prepare

Source text: Junior members of legal teams are invited to argue motions they have helped prepare and to question witnesses with whom they have worked. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. This court is amenable to permitting a number of lawyers to argue for one party if this creates an opportunity for a junior lawyer to participate.

Junior lawyers may participate in settlement conferences but must be supervised and prepared.

Source text: Junior members of legal teams are also invited to participate and speak in settlement conferences, but must be properly supervised and prepared. Sending a junior lawyer, alone, without sufficiently briefing the junior lawyer on the case and its history may be considered by the Court to be a failure to properly supervise the junior lawyer.

Court encourages junior lawyer participation and allows multiple attorneys to argue.

Source text: Due to the decline of trials, opportunities to train junior lawyers in courtroom skills have become increasingly rare. Accordingly, where junior lawyers are familiar with the matter under consideration, but are not experienced in arguing before a court, they should be encouraged to actively participate. In such circumstances, where it creates an opportunity for a junior lawyer to argue, this Court is amenable to permitting more than one lawyer to argue for one party.

Junior lawyers not experienced in courtroom argument may be encouraged to participate, and the Court permits more than one lawyer to argue for a party when it creates opportunities for junior lawyers.

Source text: Encouraged Participation of Junior Members of Legal Teams. Due to the decline of trials, opportunities to train junior lawyers in courtroom skills have become increasingly rare. Accordingly, where junior lawyers are familiar with the matter under consideration, but are not experienced in arguing before a court, they should be encouraged to actively participate. In such circumstances, where it creates an opportunity for a junior lawyer to argue, this Court is amenable to permitting more than one lawyer to argue for one party.

Junior attorneys invited to argue motions they helped prepare; multiple attorneys permitted to create junior lawyer opportunities.

Source text: Junior attorneys are invited to argue motions they have helped prepare. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. The Court is amenable to permitting more than one lawyer to argue for one party if this creates an opportunity for a junior lawyer to participate.

Junior lawyers (5 years or less experience) arguing increases likelihood of oral argument.

Source text: A request for oral argument is more likely to be granted if counsel identifies one or two lawyers out of law school for five years or less who will argue the entirety of the motion and references this rule in the request.

Junior attorneys encouraged to participate in proceedings; multiple attorneys may argue if it allows junior participation.

Source text: The Court encourages the participation of less experienced attorneys in all proceedings – including pretrial conferences, hearings on discovery disputes, oral arguments, and examinations of witnesses at trial – particularly where the attorneys played a substantial role in drafting the underlying filing or in preparing the relevant witness. The Court is amenable to permitting more than one attorney to argue for one party if this creates an opportunity for a junior attorney to participate.

Oral argument not heard in pro se matters unless ordered.

Source text: Unless otherwise ordered by the Court, argument will not be heard in pro se matters.

Junior attorneys encouraged to participate in proceedings; multiple attorneys may argue to enable junior participation.

Source text: The Court encourages the participation of less experienced attorneys in all proceedings – including pretrial conferences, hearings on discovery disputes, oral arguments, and examinations of witnesses at trial – particularly where the attorneys played a substantial role in drafting the underlying filing or in preparing the relevant witness. The Court is amenable to permitting more than one attorney to argue for one party if this creates an opportunity for a junior attorney to participate.

Advise Court by letter if junior attorney will handle oral argument.

Source text: Additionally, a party should advise the Court by letter if oral argument would be handled by a less experienced attorney because, as discussed in Paragraph 3(E) above, that may make the Court more inclined to hold oral argument.

Oral argument not heard in pro se matters unless otherwise ordered.

Source text: Unless otherwise ordered by the Court, oral argument will not be heard in pro se matters.

Court encourages junior attorney participation in cases where they substantially contributed to filings or witness preparation

Source text: The Court encourages the participation of junior attorneys and attorneys seeking additional experience in federal court, particularly where the attorneys played a substantial role in drafting the underlying filing or in preparing the relevant witness.

Court allows multiple attorneys to argue, especially junior lawyers

Source text: If oral argument is granted, the Court is amendable to permitting more than one lawyer to argue for a party, especially where it creates an opportunity for a junior lawyer to argue.

Court encourages junior attorney participation in proceedings where they contributed substantially.

Source text: The Court encourages the participation of less experienced attorneys in all proceedings — including pretrial conferences, hearings on discovery disputes, oral arguments, and examinations of witnesses at trial — particularly where that attorney played a substantial role in drafting the underlying filing or in preparing the relevant witness.

Junior attorneys invited to address Court at case management conferences.

Source text: Junior members of legal teams representing clients are invited to address the Court at case management conferences. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. This Court is amenable to permitting different lawyers on a team to speak on different issues if this creates an opportunity for a junior lawyer to participate.

Junior lawyers (under 7 years) may argue motions and question witnesses, with multiple attorneys permitted to argue for training opportunities.

Source text: Junior members of legal teams representing clients are invited to argue motions they have helped prepare and to question witnesses with whom they have worked. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. This court is amenable to permitting a number of lawyers to argue for one party if this creates an opportunity for a junior lawyer to participate. The ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case, not for the Court.

Court encourages junior attorney participation in all proceedings where they contributed substantially.

Source text: The Court encourages the participation of less experienced attorneys in all proceedings—including pretrial conferences, hearings on discovery disputes, oral arguments, and examinations of witnesses at trial—particularly where that attorney played a substantial role in drafting the underlying filing or in preparing the relevant witness.

Court encourages junior attorney participation in all proceedings where they contributed substantially.

Source text: The Court encourages the participation of less experienced attorneys in all proceedings — including pretrial conferences, hearings on discovery disputes, oral arguments, and examinations of witnesses at trial — particularly where that attorney played a substantial role in drafting the underlying filing or in preparing the relevant witness.

Court permits multiple attorneys to argue if it allows junior lawyer participation.

Source text: The Court is amenable to permitting more than one lawyer to argue for one party if this creates an opportunity for a junior lawyer to participate.

Court encourages junior lawyers to argue and may allow multiple lawyers to argue

Source text: The Court encourages senior lawyers to allow junior lawyers the opportunity to argue in court, whether at a conference, hearing, trial, or otherwise. Indeed, the Court prefers that the lawyer most familiar with an issue argue it in court, regardless of seniority. The Court may permit more than one lawyer to argue for a party where doing so would create the opportunity for a junior lawyer to argue.

Counsel can notify court in advance if junior lawyer will argue

Source text: Counsel may inform the Court in advance in the letter requesting oral argument that a junior lawyer is scheduled to argue all or part of a matter.

Court encourages participation of inexperienced attorneys in courtroom proceedings.

Source text: As a matter of policy, the Court supports the professional development of the next generation of litigators and strongly encourages the participation of relatively inexperienced attorneys in all types of courtroom proceedings, including conferences and trials.

Principal trial counsel must appear at conferences; junior attorneys encouraged to take active role.

Source text: The attorney who will serve as principal trial counsel shall appear at all conferences with the Court. However, the Court encourages junior attorneys who have worked on the case to take an active role during conferences.

Oral argument may be requested by letter when filing reply papers.

Source text: Parties may request oral argument by letter at the time their moving or opposing reply papers are filed.

Junior attorneys who assisted in case preparation are encouraged to participate in trial.

Source text: In accordance with its policy of promoting the professional development of relatively new litigators, the Court welcomes the active participation of junior attorneys who have assisted in the preparation of the case during trial.

Court encourages providing speaking opportunities to junior lawyers.

Source text: The Court believes it is crucial to provide substantive speaking opportunities to junior lawyers, and that the benefits of doing so will accrue to all members of the profession and their clients.

Multiple attorneys may argue different issues for each party.

Source text: The Court will permit multiple attorneys to argue different issues for each party.

Court will entertain requests for senior attorney to supplement junior attorney's argument.

Source text: In addition, under circumstances where the more junior attorney is permitted to present the argument to the Court, the Court will entertain reasonable requests for the more senior attorney to supplement any argument that is made.

Oral argument granted at judge's discretion

Source text: Oral Argument on Motions. .......................................................................................... 10

Rule section on oral argument procedures

Source text: Oral Argument.

Court encourages junior attorney participation in proceedings where they contributed substantially.

Source text: The Court encourages the participation of less experienced attorneys in all proceedings—including pretrial conferences, hearings on discovery disputes, and witness examinations at trial—particularly where that attorney played a substantial role in drafting the underlying filing or in

Junior attorneys may increase likelihood of oral argument.

Source text: The Court may be inclined to grant a request for oral argument, which it generally disfavors, where doing so would afford the opportunity for a junior attorney to gain courtroom experience.

Advise if oral argument will be handled by a less experienced attorney.

Source text: In this letter, the party should advise the Court if the oral argument would be handled by a less experienced attorney because, as discussed in Rule II(A)(4), supra, that may make the Court more inclined to hold oral argument.

Oral argument is not heard in pro se matters unless otherwise ordered.

Source text: Oral Argument. Unless otherwise ordered by the Court, argument will not be heard in pro se matters.

Junior attorneys invited to argue Letter-Motions they helped prepare.

Source text: Junior attorneys are invited to argue Letter-Motions they have helped prepare. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. The Court is amenable to permitting more than one lawyer to argue for one party if this creates an opportunity for a junior lawyer to participate.

Junior attorneys invited to argue motions they helped prepare.

Source text: Junior attorneys are invited to argue motions they have helped prepare. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. The Court is amenable to permitting more than one attorney to argue for one party if this creates an opportunity for a junior lawyer to participate.

Oral argument is not heard in pro se matters unless otherwise ordered.

Source text: Unless otherwise ordered by the Court, oral argument will not be heard in pro se matters.

Court encourages multiple attorneys to argue if it provides opportunity for junior lawyers.

Source text: Further, the Court is amenable to having multiple attorneys speak for one party if it creates an opportunity for a lawyer who is relatively inexperienced.

Multiple attorneys may argue for one party to create opportunities for relatively inexperienced lawyers.

Source text: Further, the Court is amenable to having multiple attorneys speak for one party if it creates an opportunity for a lawyer who is relatively inexperienced.

Court encourages junior attorneys (under 5 years experience) to participate in courtroom proceedings and oral arguments; multiple attorneys may speak for one party.

Source text: To assist in the training of the next generation of attorneys, the Court strongly encourages relatively inexperienced attorneys—in particular, attorneys with less than 5 years' experience—to participate in all courtroom proceedings including the oral argument of motions before the Court. Further, the Court is amenable to having multiple attorneys speak for one party if it creates an appearing should have the degree of authority consistent with the proceeding.

Junior lawyers encouraged to participate in oral argument; multiple lawyers permitted.

Source text: Where junior lawyers are familiar with the matter under consideration, but are not experienced in arguing before a court, they should be encouraged to actively participate. The Court is amenable to permitting more than one lawyer to argue for a party, especially where it creates an opportunity for a junior lawyer to argue.

Junior attorneys encouraged; multiple attorneys may argue upon request

Source text: The Court encourages the participation of junior attorneys in all proceedings, particularly where a junior attorney played a substantial role in drafting a submission or preparing a witness. To encourage such participation, the Court will, upon request, allow more than one attorney to argue a motion on behalf of a party.

Court encourages junior attorney participation in oral arguments and allows multiple attorneys to argue upon request.

Source text: As stated above in Rule 3(D)(iii), the Court encourages the participation of junior attorneys in oral arguments, particularly when a junior attorney played a substantial role in drafting a submission. To encourage such participation, the Court will, upon request, allow more than one attorney to argue a motion on behalf of a party.

Junior attorneys encouraged to participate in proceedings

Source text: The Court encourages the participation of less experienced attorneys in all proceedings—including pretrial conferences, hearings on discovery disputes, oral arguments, and examinations of witnesses at

Advise Court by letter if junior attorney will handle oral argument

Source text: Additionally, a party should advise the Court by letter if oral argument would be handled by a less experienced attorney because, as discussed in paragraph 3(E) above, that may make the Court more inclined to hold oral argument.

Junior attorneys encouraged to argue discovery motions; multiple attorneys may argue.

Source text: Junior attorneys are invited to argue discovery-related motions that they have helped to prepare. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. The Court is amenable to permitting more than one lawyer to argue for one party if this creates an opportunity for a junior lawyer to participate.

Junior attorneys are invited to argue discovery motions; multiple attorneys may argue to accommodate junior lawyer participation.

Source text: Junior attorneys are invited to argue discovery-related motions that they have helped to prepare. Firms are encouraged to provide this opportunity to junior attorneys for training purposes. The Court is amenable to permitting more than one lawyer to argue for one party if this creates an opportunity for a junior lawyer to participate.

Oral argument rarely granted; more likely if lawyer admitted within 5 years argues.

Source text: Judge Gorenstein normally does not hear oral argument on motions. A party may request oral argument by letter. If the Court determines that argument will be heard, it will so advise the parties. (A request for oral argument is more likely to be granted if a party identifies a lawyer to argue the motion who has been admitted within the previous five years and references this paragraph in the letter request.)

Junior lawyers are encouraged to argue motions they helped prepare.

Source text: Junior members of legal teams representing clients are invited to argue motions that they have helped to prepare. Firms are encouraged to provide this opportunity to junior lawyers. While the Court generally prefers having only one attorney for each side participate at argument, the Court is amenable to permitting more than one lawyer argue different issues if this division of responsibility creates an opportunity for a junior lawyer to participate. Of course, the ultimate decision of who speaks on behalf of the client is for the lawyer in charge of the case and the client, not for the Court. That said, the Court believes it is crucial to provide substantive speaking opportunities to less experienced lawyers, and that the benefits of doing so will accrue to all members of the profession and their clients.

Junior lawyers invited to argue motions they helped prepare; multiple attorneys may argue different issues.

Source text: Junior members of legal teams representing clients are invited to argue motions that they have helped to prepare. Firms are encouraged to provide this opportunity to junior lawyers. While the Court generally prefers having only one attorney for each side participate at argument, the Court is amenable to permitting more than one lawyer argue different issues if this division of responsibility creates an opportunity for a junior lawyer to participate.

Court encourages junior attorneys (under 5 years) to participate in courtroom proceedings and allows multiple attorneys to speak.

Source text: To assist in training the next generation of attorneys, the Court strongly encourages relatively inexperienced attorneys—in particular, attorneys with less than five years’ experience—to participate in all courtroom proceedings. Further, the Court is amenable to having multiple attorneys speak on behalf of a single party if doing so creates an opportunity for a lawyer who is relatively inexperienced.

Junior attorneys invited to address court at case management conferences

Source text: Junior members of legal teams are invited to address the Court at case management conferences. Firms are encouraged to provide this opportunity to junior attorneys for training purposes.

Court encourages junior lawyers to argue motions they helped prepare

Source text: For training purposes, firms are encouraged to permit junior members of legal teams representing clients to argue motions they have helped prepare. This Court is amenable to permitting a number of lawyers to argue for one party if this creates an opportunity for a junior lawyer to participate.