District of Delaware Junior Lawyer Participation Incentives

Supervising attorneys representing debtors are encouraged to give newer attorneys opportunities to present first-day motions in chapter 11 cases.

The Court particularly encourages supervising attorneys representing debtors to provide opportunities to newer attorneys to present first day motions in chapter 11 cases.

Proposed or draft document; may not be in force

A party may notify the Court by docket filing of its intent to have a newer attorney argue a motion or part of it.

a newer attorney argue the motion (or a portion of the motion). The party may advise the Court of such intent by filing a notice on the docket of the case or adversary proceeding.

Proposed or draft document; may not be in force

The Court particularly encourages debtor-side supervising attorneys to give newer attorneys opportunities to present first day motions in chapter 11 cases.

The Court particularly encourages supervising attorneys representing debtors to provide opportunities to newer attorneys to present first day motions in chapter 11 cases.

Proposed or draft document; may not be in force

When a younger attorney is designated to argue a motion under this procedure, experienced supervising counsel may assist during oral argument where appropriate.

(3) Whenever a younger attorney has been designated to argue a motion under this procedure, the Court will permit more experienced supervising counsel to assist the younger attorney where appropriate during oral argument.

If a party gives notice that a newer attorney will argue, the opposing party is encouraged, but not required, to designate a younger attorney and file a notice.

If such notice is given, the opposing party is encouraged, but not required, to designate a younger attorney to present its case and to file a notice to such effect.

Proposed or draft document; may not be in force

If a party gives notice that a newer attorney will argue, the opposing party is encouraged but not required to designate a younger attorney and file a notice.

(2) If such notice is given, the opposing party is encouraged, but not required, to designate a younger attorney to present its case and to file a notice to such effect.

The Court encourages supervising attorneys to give attorneys with less than seven years of experience in-court speaking opportunities.

The Court encourages supervising attorneys to allow newer attorneys (those with less than seven years of experience) in-court speaking opportunities.

Proposed or draft document; may not be in force

The Court encourages supervising attorneys to give newer attorneys with less than seven years of experience in-court speaking opportunities.

The Court encourages supervising attorneys to allow newer attorneys (those with less than seven years of experience) in-court speaking opportunities.

When a younger attorney is designated to argue under this procedure, experienced supervising counsel may assist during oral argument where appropriate.

Whenever a younger attorney has been designated to argue a motion under this procedure, the Court will permit more experienced supervising counsel to assist the younger attorney where appropriate during oral argument.

Civil cases

Attorneys with fewer than 7 years of experience are encouraged to participate in proceedings.

The Court encourages newer attorneys – i.e., those attorneys who have been practicing for less than seven years – to participate in courtroom proceedings. To the extent that a party wishes to inform the Court that a newer attorney will be participating in oral argument or in trial proceedings, the party may do so and the Court welcomes receiving such notice.

Civil cases

The Court encourages attorneys with fewer than seven years of practice to participate in oral argument and trial proceedings, and welcomes notice when they will do so.

The Court encourages newer attorneys – i.e., those attorneys who have been practicing for less than seven years – to participate in courtroom proceedings. To the extent that a party wishes to inform the Court that a newer attorney will be participating in oral argument or in trial proceedings, the party may do so and the Court welcomes receiving such notice.

Attorneys practicing for less than seven years may be identified to argue a fully briefed motion; the Court will grant oral argument if practicable, strongly consider extra time, and permit appropriate assistance from experienced counsel, without drawing an adverse inference if no newer attorney argues.

This is especially true for newer attorneys, that is, attorneys practicing for less than seven years ("newer attorney(s )"). Recognizing the importance of the development of future generations of practitioners through courtroom opportunities, the undersigned Judge encourages the participation of newer attorneys in proceedings in my courtroom-particularly as to oral argument on motions where the newer attorney drafted or contributed significantly to the briefing for the motion. To that end, the Court adopts the following procedures regarding oral argument as to pending motions: ( 1) After a motion is fully briefed, either as part of a Request for Oral Argument, or in a separate Notice filed thereafter, a party may alert the Court that, if argument is granted, it intends to have a newer attorney argue the motion (or a portion of the motion). (2) If such notice is provided, the Court will: (A) Grant the request for oral argument on the motion, if it is at all practicable to do so. (B) Strongly consider allocating additional time for oral argument beyond what the Court may otherwise have allocated, were a newer attorney not arguing the motion. (C) Permit other more experienced counsel of record the ability to provide some assistance to the newer attorney who is arguing the motion, where appropriate during oral argument. The Court also recognizes that there may be many different circumstances in which it is not appropriate for a newer attorney to argue a motion. Thus, the Court emphasizes that it draws no inference from a party's decision not to have a newer attorney argue any particular motion before the Court. Additionally, the Court will draw no inference about the importance of a particular motion, or the merits of a party's argument regarding the motion, from the party's decision to have (or not to have) a newer attorney argue the motion.

The judge encourages trial counsel to assign presentations to less-experienced attorneys, especially when they are more familiar with the matter.

Judge Wolson encourages trial counsel to assign court presentations to less- experienced attorneys, particularly where the less-experienced attorney is more familiar with the matter at hand (e.g., discovery hearings).

The judge may permit two lawyers to argue so experienced counsel can support a younger lawyer’s presentation, if requested in advance.

If necessary, Judge Wolson will permit two lawyers to make an argument to ensure that a more experienced counsel has an opportunity to buttress a younger lawyer’s presentation, if the request is made in advance.

The Court encourages assigning presentations to well-prepared, less experienced attorneys and may allow experienced counsel to assist during oral argument if requested beforehand and appropriate; this encouragement does not apply where lead counsel is required, and no inference will be drawn from a party’s choice of presenter.

We recognize the importance of developing future generations of federal court trial lawyers. We encourage trial counsel to assign court presentations to less experienced attorneys unless we require lead counsel’s presence (e.g., Rule 16 and settlement conferences). We are aware experienced trial counsel may not be directly involved in the day-to-day of the discovery process, issues in dispositive motions, or with a particular witness or issue at trial. If warranted, we encourage the parties and thoughtful trial counsel to allow well-prepared but less experienced attorneys to present their client’s best position where, for example, the less experienced attorney lived with the facts or drafted or contributed significantly to the briefing. If requested before an argument, we may allow more experienced trial counsel to assist the less experienced attorney arguing the motion, where appropriate during oral argument. There are many different circumstances where it is not appropriate for a less experienced attorney to solely present the client’s position, particularly where we require trial counsel’s presence. Depending on the attorney-client relationship, strategy on court appearances may be the client’s decision and we do not wish to interfere in the client’s decision. We draw no inference from a party’s decision not to have a less experienced attorney present the position. Similarly, we draw no inference about the importance of a particular position, or the merits of a party’s position, from the party’s decision to have (or not to have) a less experienced attorney present the position. We only wish to encourage the experienced members of this Court’s Bar and their clients to develop their next generation of trial lawyers.

Newer attorneys (practicing fewer than 7 years) are encouraged to participate in oral arguments; upon notice, judge grants oral argument if practicable, considers extra time, and allows experienced counsel to assist.

I am cognizant that a small fraction of cases go to trial, resulting in few courtroom opportunities, especially for newer attorneys—those practicing for fewer than seven years. Courtroom opportunities can be important development experiences, so I encourage newer attorneys to participate in proceedings in my courtroom, especially if they drafted or contributed significantly to briefing that is relevant to oral argument. To effect that goal, I adopt the following procedures regarding oral argument: (1) After the parties fully brief a motion, a party may alert me via a Request for Oral Argument or in a separate Notice that the party intends to have a newer attorney argue the motion or a portion of the motion if I grant argument. (2) If the parties provide this notice, I will (A) grant the request for oral argument on the motion, if practicable; (B) consider allocating additional time for oral argument beyond what I would normally allow; (C) permit more experienced counsel to help the newer attorney during oral argument, when appropriate. I will still hold all attorneys to high professional standards, and I expect all attorneys appearing in court to be adequately prepared, to be familiar with the record. I will not base the importance of a motion or the merits of an argument based on a party’s decision to have or not have a newer attorney argue the motion.