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Court Rules

Western District of Texas Junior Lawyer Participation Incentives

30 rules from official source documents

Rules encouraging junior lawyer participation in oral arguments and court proceedings.

Civil cases

The Court allows younger attorneys to serve as in-person principal advocates while more experienced attorneys appear remotely and contribute, to promote younger attorneys’ opportunities to appear in federal court.

The Court will also allow younger attorneys to appear in person as the principal advocate for a party and more experienced attorneys to appear remotely and contribute as appropriate to promote opportunities for younger attorneys to appear in federal court.

Magistrate Judge Dan MacLemore

Both junior and senior lawyers may argue motions together.

c. Permit more experienced counsel of record to speak on the motion as well, where appropriate, during oral argument.

Magistrate Judge Dan MacLemore

Court encourages Newer Attorneys to appear for status conferences, case management conferences, and scheduling conferences.

The Court encourages a Newer Attorney to appear for settings like status conferences, case management conferences, scheduling conferences and other similar settings.

Magistrate Judge Dan MacLemore

Junior lawyers encouraged to handle pre-trial matters with supervision.

The Court also encourages allowing a Newer Attorney to handle appropriate pre-trial matters under supervision or with the help of experienced counsel.

Magistrate Judge Dan MacLemore

If such a request is made, the Court will: a. Grant the request for oral argument, if it is at all practicable to do so, even if the Court ordinarily would not permit oral argument on such a motion. Where the Court is inclined to rule on the briefs, a representation that the argument would be handled by a Newer Attorney will strongly weigh in favor of holding a hearing.

If such a request is made, the Court will: a. Grant the request for oral argument, if it is at all practicable to do so, even if the Court ordinarily would not permit oral argument on such a motion. Where the Court is inclined to rule on the briefs, a representation that the argument would be handled by a Newer Attorney will strongly weigh in favor of holding a hearing.

Magistrate Judge Dan MacLemore

Procedure to request oral argument for a Newer Attorney: contact law clerk after briefing is ripe.

If a party would like a Newer Attorney to argue any motion or discovery dispute, after the briefing is ripe, the party should contact the law clerk to request oral argument and inform the clerk that a Newer Attorney will argue the motion or a portion of the motion.

Magistrate Judge Dan MacLemore

b. Permit sufficient additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing.

b. Permit sufficient additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing.

Magistrate Judge Dan MacLemore

Court encourages Newer Attorneys to handle pre-trial matters under supervision.

The Court also encourages allowing a Newer Attorney to handle appropriate pre-trial matters under supervision or with the help of experienced counsel.

Magistrate Judge Dan MacLemore

Court encourages opportunities for attorneys with less than 7 years of experience to conduct oral arguments.

The Court recognizes a growing trend in which fewer cases go to trial and there generally are few opportunities for attorneys to speak in court. This is especially true for newer attorneys, that is, attorneys practicing for less than seven years ('Newer Attorney(s)"). Opportunities for Newer Attorneys to speak in federal court are increasingly rare. Accordingly, the Court strongly encourages litigants to be mindful of opportunities for Newer Attorneys to conduct oral arguments, particularly where a Newer Attorney drafted or contributed significantly to a motion or response.

Magistrate Judge Dan MacLemore

Junior lawyers encouraged to appear at conferences and status settings.

The Court encourages a Newer Attorney to appear for settings like status conferences, case management conferences, scheduling conferences and other similar settings.

Magistrate Judge Dan MacLemore

If a party would like a Newer Attorney to argue any motion or discovery dispute, after the briefing is ripe, the party should contact the law clerk to request oral argument and inform the clerk that a Newer Attorney will argue the motion or a portion of the motion.

If a party would like a Newer Attorney to argue any motion or discovery dispute, after the briefing is ripe, the party should contact the law clerk to request oral argument and inform the clerk that a Newer Attorney will argue the motion or a portion of the motion.

Magistrate Judge Dan MacLemore

Civil cases

The Court encourages firms to give newer attorneys meaningful trial argument and examination opportunities and may allow limited exceptions when notified that experienced counsel are making that effort.

The Court encourages firms to provide opportunities for attorneys newer to the profession to meaningfully participate in making arguments and examining witnesses at trial, and the Court will allow limited exceptions to its general practice to provide those opportunities if the Court is notified that an effort is being made by more experienced counsel to also provide such an opportunity.

Magistrate Judge Dan MacLemore

Court will grant oral argument requests for Newer Attorneys even when ordinarily denied, allow extra time, and permit multiple attorneys to argue.

If such a request is made, the Court will: a. Grant the request for oral argument, if it is at all practicable to do so, even if the Court ordinarily would not permit oral argument on such a motion. Where the Court is inclined to rule on the briefs, a representation that the argument would be handled by a Newer Attorney will strongly weigh in favor of holding a hearing. b. Permit sufficient additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing. c. Permit more experienced counsel of record to speak on the motion as well, where appropriate, during oral argument.

Magistrate Judge Dan MacLemore

b. Permit sufficient additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing.

b. Permit sufficient additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing.

Magistrate Judge Derek Gilliland

d. Notify opposing counsel if such a request is granted and suggest opposing counsel reciprocate by permitting a Newer Attorney to make its argument.

d. Notify opposing counsel if such a request is granted and suggest opposing counsel reciprocate by permitting a Newer Attorney to make its argument.

Magistrate Judge Derek Gilliland

More experienced counsel may also speak during oral argument.

c. Permit more experienced counsel of record to speak on the motion as well, where appropriate, during oral argument.

Magistrate Judge Derek Gilliland

Court will grant oral argument if newer attorney will argue, even if normally would not.

If such a request is made, the Court will: a. Grant the request for oral argument, if it is at all practicable to do so, even if the Court ordinarily would not permit oral argument on the motion. Where the Court is inclined to rule on the briefs, a representation that the argument would be handled by a Newer Attorney will strongly weigh in favor of holding a hearing.

Magistrate Judge Derek Gilliland

Court encourages opportunities for attorneys with less than 7 years experience to argue motions.

The Court recognizes a growing trend in which fewer cases go to trial and there generally are few opportunities for attorneys to speak in court. This is especially true for newer attorneys, that is, attorneys practicing for less than seven years (''Newer Attorney(s)"). Opportunities for Newer Attorneys to speak in federal court are increasingly rare.

Magistrate Judge Derek Gilliland

If a party would like a Newer Attorney to argue a motion, after the motion is ripe, the party should contact the courtroom deputy to request oral argument and inform the deputy that a Newer Attorney will argue the motion or a portion of the motion.

If a party would like a Newer Attorney to argue a motion, after the motion is ripe, the party should contact the courtroom deputy to request oral argument and inform the deputy that a Newer Attorney will argue the motion or a portion of the motion.

Magistrate Judge Dustin Howell

b. Strongly consider allocating additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing.

b. Strongly consider allocating additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing.

Magistrate Judge Dustin Howell

If such a request is made, the Court will: a. Grant the request for oral argument, if it is practicable to do so, even if the Court ordinarily would not permit oral argument on the motion. Where the Court is inclined to rule on the briefs, a representation that the argument would be handled by a Newer Attorney will weigh in favor of holding a hearing.

If such a request is made, the Court will: a. Grant the request for oral argument, if it is practicable to do so, even if the Court ordinarily would not permit oral argument on the motion. Where the Court is inclined to rule on the briefs, a representation that the argument would be handled by a Newer Attorney will weigh in favor of holding a hearing.

Magistrate Judge Dustin Howell

d. Notify opposing counsel if such a request is granted and ask opposing counsel to reciprocate by permitting a Newer Attorney to make its argument.

d. Notify opposing counsel if such a request is granted and ask opposing counsel to reciprocate by permitting a Newer Attorney to make its argument.

Magistrate Judge Dustin Howell

More experienced counsel may also speak during oral argument.

c. Permit more experienced counsel of record to speak on the motion as well, where appropriate, during oral argument.

Magistrate Judge Dustin Howell

After a motion is ripe, a party seeking oral argument by a Newer Attorney should contact the courtroom deputy and identify the attorney and intended scope of argument.

If a party would like a Newer Attorney to argue a motion, after the motion is ripe, the party should contact the courtroom deputy to request oral argument and inform the deputy that a Newer Attorney will argue the motion or a portion of the motion.

Magistrate Judge Susan Hightower

The Court strongly encourages litigants to have Newer Attorneys argue when they drafted or significantly contributed to a motion or response.

Accordingly, the Court strongly encourages litigants to be mindful of opportunities for Newer Attorneys to conduct oral argument, particularly where a Newer Attorney drafted or contributed significantly to a motion or response.

Magistrate Judge Susan Hightower

The Court may permit more experienced counsel of record to speak during the same oral argument when appropriate.

Permit more experienced counsel of record to speak on the motion as well, where appropriate, during oral argument.

Magistrate Judge Susan Hightower

The Court will strongly consider allowing additional oral-argument time when a Newer Attorney argues.

Strongly consider allocating additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing.

Magistrate Judge Susan Hightower

Newer Attorneys are attorneys practicing for less than seven years.

This is especially true for newer attorneys, that is, attorneys practicing for less than seven years ("Newer Attorney(s)").

Magistrate Judge Susan Hightower

Notify opposing counsel if such a request is granted and ask opposing counsel to reciprocate by permitting a Newer Attorney to make its argument.

Notify opposing counsel if such a request is granted and ask opposing counsel to reciprocate by permitting a Newer Attorney to make its argument.

Magistrate Judge Susan Hightower

When practicable, the Court will grant a Newer Attorney’s oral-argument request even if argument ordinarily would not be allowed, and the representation favors a hearing when the Court is inclined to rule on the briefs.

Grant the request for oral argument, if it is practicable to do so, even if the Court ordinarily would not permit oral argument on the motion. Where the Court is inclined to rule on the briefs, a representation that the argument would be handled by a Newer Attorney will weigh in favor of holding a hearing.

Magistrate Judge Susan Hightower
Common questions about Western District of Texas junior lawyer participation incentives

Does Western District of Texas encourage junior lawyer participation?

Yes. Magistrate Judge Dan MacLemore's rules include a junior lawyer participation incentive. The Court allows younger attorneys to serve as in-person principal advocates while more experienced attorneys appear remotely and contribute, to promote younger attorneys’ opportunities to appear in federal court.

View ruleOfficial source Source: page 1, section Telephonic and videoconference hearings in lieu of personal appearances

Yes. Magistrate Judge Derek Gilliland's rules include a junior lawyer participation incentive. b. Permit sufficient additional time for oral argument beyond what the Court otherwise may have allocated were a Newer Attorney not arguing.

View ruleOfficial source Source: page 1, section STANDING ORDER REGARDING COURTROOM OPPORTUNITIES FOR YOUNGER ATTORNEYS

Yes. Magistrate Judge Dustin Howell's rules include a junior lawyer participation incentive. If a party would like a Newer Attorney to argue a motion, after the motion is ripe, the party should contact the courtroom deputy to request oral argument and inform the deputy that a Newer Attorney will argue the motion or a portion of the motion.

View ruleOfficial source Source: page 1, section Standing Order Regarding Courtroom Opportunities for Newer Attorneys

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