Word from the bench

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One of the worst things a new attorney can do is get on the bad side of a judge.

Practitioners trying their first cases, making their first motions or conducting their first cross-examinations can commonly test the patience of a judge.

Judges around the state list procrastination, disrespect and ignorance among their “pet peeves.” All of those all are correctable offenses.

“Going to law school is one thing, but practicing it is another,” said Dunn County Circuit Court Judge Rod W. Smeltzer. “It’s like a second education when you come to court.”

Do Your Research

As one of two judges in the county, Smeltzer said new attorneys should familiarize themselves with staff before ever stepping into a courtroom.

He said new attorneys often fail to tap into the knowledge of court clerks or judicial assistants prior to bringing their case.

“Those are folks that can make life a lot easier in terms of answering questions,” Smeltzer said. “Once you get to court, I’ll tell an attorney it’s a real disservice to their client if they are not prepared.”

Judge Richard J. Sankovitz is one of 47 judges in Milwaukee County with full dockets and he said it can be frustrating when a new attorney comes into court ill-prepared.

He said new attorneys do not get a second chance to make a first impression and those who immediately establish a reputation for not knowing their cases, talking around their arguments or not showing up on time can have a tough time shaking that image.

“The newest lawyers tend to find themselves in the busiest courts and when they have to cover more than one it’s frustrating if they don’t tell us where they are going to be,” Sankovitz said. “The quickest way to tarnish a reputation is to establish one for not being where you should be when a judge needs you.”

In Calumet County, which only has one judicial branch, an attorney should know which court to appear in, but Judge Donald A. Poppy said new attorneys do not always know what to do when they get there.

“They need to take the time to look up and learn the law that applies to the facts of their case and also know those facts,” Poppy said. “It sounds simple, but it doesn’t always happen that way.”

Get to the Point

One of the common misconceptions is that the more attorneys talk or write, the better their case will be, Sankovitz said.

He said new attorneys tend to overload briefs or be unnecessarily repetitive when making an argument in court and judges with heavy dockets do not have time to sift through the rhetoric.

“A lawyer should know what he or she wants from the court and tell the judge up front, I’m here to ask for X,” Sankovitz said. “That’s not a trait taught in law school.”

When it comes to cross examinations, Smeltzer said he has seen new attorneys draw on their mock trial experiences, which can be extremely competitive.

He said a new attorney in his court questioned a police officer in an OWI case and got a little too aggressive. That tactic can rub a number of people the wrong way, especially in a small county, said Smeltzer.

“That can be a real negative,” Smeltzer said. “You want the officer to give information, but there is a style to asking questions. That attorney is going to have to work with the [police] again, so why mistreat them on the stand?”

Poppy said he encourages new attorneys to sometimes submit short letters highlighting other relevant case points that tie into their own, rather than extensive briefs.

He noted that because he handles all types of cases and time is short, the more focus an attorney has in their argument, the better.

“A judge would like to know everything, but I’m never insulted when someone comes up and says here’s why this is right,” Poppy said. “It just tells me someone is going a good job representing their client.”