Judges just want you to have some common sense: My notes from Boston Bar’s Bankruptcy Bench Panel

A few weeks ago I went to the Boston Bar Association’s 5th Annual Young Bar Meets Bankruptcy Bench Program Panel discussion. It was a lot of fun to go and listen to the judges and meet other bankruptcy attorneys, especially in the midst of studying for the MPRE. Dear readers, I apologize for this post is coming slightly late; I have been meaning to get this info together but haven’t had the time.

That said, here are some gems from the panel discussion:

The Panel:

• Hon. Frank J. Bailey
• Hon. William C. Hillman
• Hon. Melvin S. Hoffman
• Hon. Joan N. Feeney
• James M. Lynch (Clerk)

Tips from the Judges:

• Confer with opposing counsel and try to narrow the issues.
• Know your argument and issues.
• Have facts that show that people who need notice have indeed received notice.
• Judges are looking for answers to questions; they do not necessarily want to hear a speech. But…
• If there is a split of legal authority on the law, may be useful to hear it.
• You can file a supplemental brief if you don’t know a material legal issue, usually 24 hours.
• Respond to judges questions directly.
• Be where you can be heard [in the courtroom].
• Rambo litigators get no points in bankruptcy court. (yay for me, since I am hardly Rambo).
• Pick your battles.
• Be civil and courteous and polite.
• Act professional.
• Don’t say, “With all due respect.” Judges know what you really mean when you say that. Instead, you can say, “May you consider…” etc.
• Avoid saying “clearly.”
• Be early.
• Be prepared. Duh.
• Know other things in the case besides your motion (Luckily, I always over prepare.). Make sure to include the statutory/legal basis for the request in the brief.
• Make sure you state what your request is- what do you want the court to do?
• Know the rules of evidence. Refreshing memory = a thing of beauty.

From the Clerk:

• Don’t be nasty. Word gets around.
• Call clerks if you don’t know how to do something.
• Make sure you link to the right document [when filing online documents].
• Don’t fill in redundant text boxes; if you already attached the relevant document, don’t put the same info in the text box.
• Pay filing fee or you’ll get locked out of the system the next day.

THE POINT: BE PREPARED, PROFESSIONAL, and POLITE! Common sense for any person in any industry, I think.