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Tips For Young Lawyers

Make Yourself Credible
By:  Bailey Moseley, Justice of the Texas Sixth Court of Appeals, Texarkana

Perhaps the most potent arrow in a lawyer’s quiver is the credibility that lawyer carries – particularly when dealing with judges.  A trial judge is forced to deal fairly quickly with questions that arise during trial, sometimes with issues the judge has never addressed before.  That judge is generally not in the position of telling the litigants and the jury to wait while research is done to determine what ruling is appropriate.  As a result, the judge must often rely on the attorneys to present logical arguments as to the correct ruling.  Often, the ruling made will depend on which attorneys present themselves most credibly.  Realizing that this may sound a bit like advice one would give to Boy Scouts, here are some tips on ways to present yourself most credibly to that judge.

1. First and foremost, NEVER, NEVER, NEVER lie or stretch either the facts or the law to a judge.  If you don’t know the answer to a judge’s question about the facts or the law, candidly admit that you don’t and offer to either locate the necessary facts or brief the law on the subject; don’t shoot from the hip unless you tell the judge that you are.  Should you ever be discovered telling a judge something that is not so, the judge may forgive you for your conduct, but forgiving doesn’t necessarily mean forgetting.

2. Don’t try to demean your opponent.  Opposing counsel may be some Neanderthal who has absolutely no grasp of the law or the application of the facts to your case.  All you need to do is concentrate on the best kind of presentation you can make of your position.  If you try to make your opponent look bad, you may be able to achieve that aim but it will be done at the price of making you look smaller.  If your opponent is an idiot or the rear end of a horse, the judge will figure that out pretty quickly without your pointing it out.

3. Be prepared.  If you file things with a court or (God forbid) go to court without a full grasp of what you need to prove, it will certainly show.  One device that is often used is — before you prepare your pleadings — try to prepare a jury charge for the issues you anticipate will arise in your case.  This will force you to concentrate on the things you will need to plead and which you will be required to develop in preparation for trial.

4. Be courteous to court personnel.  The judges usually work on a regular basis with their clerks, bailiffs, reporters, and coordinators and often become friends with them.  It costs you nothing to be polite and respectful to them and the judges notice your demeanor toward them.