Tips for New Counsel Are Great for Experienced Attorneys Too

I hope you are all enjoying summer.  Among many recent emails concerning the new Bluebook—renewing my hope for a time when we all just use the open source Indigo Book, https://law.resource.org/pub/us/code/blue/IndigoBook.html–I saw a post from the ABA on preparing for “your first court appearance.”   The article has a cute title, Pleasing the Court, so I began reading.  See Danielle Braff, Julianne Hill, Anita Stolley, & Amanda Robert, Pleasing the Court: 20 Tips from Judges on Preparing for your First Court Appearance, 111 ABA Journal 44 (July 1, 2025), https://www.abajournal.com/magazine/article/pleasing-the-court. 

In Pleasing the Court, the authors share sets of tips from twenty sitting and retired judges from across the country.  Of course, there are the expected points on decorum and preparation.  For example, U.S. Magistrate Judge Anthony Patti from the Eastern District of Michigan notes:  “Collegiality is worth its weight in gold, both from a human relations standpoint and often even for your client’s best interest.”  Id. at 47.  Similarly, Judge Brian Hill of the Santa Barbara County California Superior Court reminds us that “[b]eing prepared is very important to making a positive first impression,” and also gives counsel “the confidence to advise a judge” when the “judge is mistaken” on the facts or law.  Id. at 50. 

However, the advice from the judges goes far beyond what I expected, and includes reminders many experienced attorneys need.  We can apply several of these tips when we are drafting briefs too.  Here are my top three tips on paying attention to the call of the question and providing what the court truly needs, important ideas for communicating orally or in writing:

+  From retired Judge Daryl Moore of the Texas 333rd District Court:  “The most important statement a lawyer can make is to answer the judge’s question.  The best answer is always, ‘yes,’ ‘no,’—and then an explanation.”  Id. at 47.

+  From Judge Barbara Leach of the Ninth Judicial Circuit Court of Florida:  “Listen to the questions asked” whether you are nervous or not, as “[l]awyers are too focused on what they want to say and what they think the judges want to hear.”  Id. at 48.

+ From U. S. Bankruptcy Judge Elizabeth Snow Strong of the Eastern District of New York:  “Don’t be afraid to let your personality show through.  You’ll always be better at being you than someone else, whether that ‘someone else’ is the senior partner, the difficult adversary, or some other image [of good lawyers] you have.” Id. at 51.

Despite the fact that my first court appearance was in the 1990s, I appreciated many of the judges’ insights.  Whether you are looking for tips to share with law students as we plan for a new school year or just want some nice reminders on common sense advocacy, I recommend checking out Braff, Hill, Stolley, and Robert’s article.