OTLA Trial Lawyer Fall 2021

4 Trial Lawyer • Fall 2021 By Judge Alycia Edgeworth Kersey Klamath County Circuit Court Y ou can know all the law, make all the arguments, run laps around oppos- ing counsel and look good doing it, but if you don’t take note of one guiding principle, you stand to lose your case and lose face at the same time. It boils down to this: You must know your audience. Attorneys do their clients a disservice if they have not done their research, honed their arguments and undertaken a comprehensive review of the law of their case. But, in my experience, there is another, more obvious way to err. Fail- ing to do one crucial piece of homework will sink your ship. You must undertake an understand- ing of the local rules and norms of the court where you are appearing. You must understand the difference between what makes your judge tick and what makes View From The Bench Hon. Alycia Edgeworth Kersey Know your audience your judge ticked off. Otherwise, you’re standing next to a client who’s wondering why they hired you. August 2021 marked the first anni- versary of my tenure on the Klamath County bench. I haven’t been here for long, but I’ve seen behavior from counsel that ranges from stunningly aloof to flat- out unacceptable. I’ve also been on the other side of the courtroom for long enough to understand what not to do. Listen, look and learn This undertaking is easier said than done, but simple in comparison to the preparation you must undertake to com- petently represent your client without looking like a complete fool: 1. Don’t be a jerk. Be kind and respect- ful to court staff. If you build relation- ships with these folks, they will be happy to help you navigate the unwritten norms. This is the side upon which your bread is buttered. Do not make the fatal mistake of treating staff like they are garbage because they didn’t go to law school. Too many attorneys do this. It’s not cute. It’s rude. 2. Understand the court’s docket. In my court, if you ask for a motion to be heard Tuesday at 3 p.m., I will laugh at you. Not with you. Each court dockets differ- ently, but we stick to our calendars like glue. This is especially important for folks who practice across many jurisdictions. Your life and schedule are important, but this is a machine and you have to be ready to pivot to accommodate our machine, or it will spit you out. And your client will be contacting the bar about how the judge laughed at you. If you understand how your judge dockets hearings, trials and settlement conferences, you will be prepared to actually set your hearing. How to do this? See number one. Call my judicial assistant on a slow day, she’d be happy to tell you how it works. How do you know if it’s a slow day? Figure it out, for Pete’s sake. You have access to OECI. If not, you should. Ask your staff to figure it out. You make too much money to ask questions like that. 3. Observe. If you have the time, sit through some proceedings and observe how the judge conducts the courtroom. 4. Don’t be late. Don’t know where the courtroom is? Didn’t think the traffic would be that bad? Got stuck in the line at Dutch Bros? Come on. Don’t waste the court’s time because you’re bad at K e s t e n M e d i a Your client has a story to tell. Hire a communication professional to help tell it. VIDEOS • MULTIMEDIA PRESENTATIONS for mediation, arbitration or trial Michael Kesten, Emily Smith Harrington 503-246-1126, michael@kestenmedia.com , emily@kestenmedia.com