OTLA Trial Lawyer Fall 2021

5 Trial Lawyer • Fall 2021 calendaring or you make choices that slow you down. 5. Talk to the local bar. • Jury pool: Don’t EVER stand in front of a jury asking for damages with- out talking to the local bar about their experiences with the “typical” jury pool. This may be obvious, but you are going to get a completely different result in Multnomah than you will in Klamath. I am continually amazed by folks who show up in court asking a bunch of farm- ers and teachers for astronomical sums. Spoiler alert: it never works. • Attorney fees. Don’t EVER ask for attorney fees without asking the local bar about the local norms. I recently saw a case go to trial that very clearly should have settled if not for the very obvious reason that someone thought he could get over $25k in attorney fees for a con- tract case (he didn’t). You have to learn, but you don’t have to learn the hard way. Ask a local lawyer how the judge feels about attorney fees. 6. Despite COVID, be ready. Check the notice: • Is the hearing via WebEx? Have WebEx installed and the invite open. Practice on your own time. While the court waits interminably for you to get it together, you are losing cool points. Your savvy office millennial can help. • Is it via teleconference? Do you know the conference line number? See no 1, above. Also, be sure when you’re speaking on the line that you pause more than you normally would. This allows objections to be heard or the judge to interject. • Is it in person? Our courthouse has been fully open for business with COVID 19 protocols (social distancing, masking, etc.), conducting jury trials and all manner of hearings in accord with public health rules, the CJOs and PJOs, since June 2020. Our calendar hasn’t slowed down, and we expect the same from counsel. So far, Klamath County has had zero outbreaks from conducting business as usual. We expect staff and the public to stay home if they feel sick. Do us a favor and file a motion to continue if you, or your client, is ill. 7. Don’t be overly familiar in the court- room. If this is your home turf, and you’ve been appearing for years in front of a particular court, that does not relieve you of your obligation to conduct yourself with the proper decorum and respect for the court. See ORPC Rule 3.5(d) (a law- yer shall not engage in conduct intended to disrupt a tribunal). • Don’t walk across the well when the judge is conducting another hearing. • Don’t interrupt the judge. • Ask for permission to move about the courtroom, don’t presume. 8. Don’t argue with the court. Some judges invite conversation, then make a ruling. Some don’t and find it rude. Take exception, but do it respectfully. 9. Similar vibe: calling into the wrong conference line, or forgetting/failure to appear for court altogether. This ACTU- ALLY happens, and it happens more times than I’d care to count. Most times, the client arrives on time but doesn’t know where the attorney is. At this point, I’m asking court staff to call your office and (News Flash) I’m not your mom. Don’t waste everybody’s time because you are bad at calendaring. See , similar vibe: number 3. The basic rule Don’t make your own conclusions about what to expect based on what you know to be true about other courts around the state. You may still win on the facts and the law, but you will always be remembered as that attorney who showed up late with the latte. Judge Alycia Edgeworth Kersey serves on the Klamath County Circuit Court. Her office is located at the Klamath County Courthouse, 316 Main St., Klamath Falls, OR 97601. She can be reached at alycia.e.kersey@ojd.state.or.us or 541-883- 5503.