Litigators, are you avoiding common courtroom mistakes that could harm your case or damage your client relationship? Whether you're an experienced attorney or a new attorney just starting your litigation practice, understanding the expectations of judges is crucial for successful litigation. Some mistakes are immediately apparent in how judges react, while others may not be so easily discerned. Judicial preferences vary by jurisdiction, but NBI looks at some key things every litigator should keep in mind when preparing for their next case.

In this post, we’ll explore five critical courtroom tips based on invaluable feedback from The Honorable Elisabeth French, a presiding judge in the Tenth Judicial Circuit of Alabama. Judge French recently shared her insights at an exclusive NBI course titled "Judge Pet Peeves Every Litigator Should Know." While this course is no longer available to view, we’ve compiled her key takeaways to help you navigate the litigation process with confidence, enhance your litigation strategy, and improve your chances of success in civil litigation.

Writing Effective Pleadings, Motions, and Briefs in Litigation: Tips for Lawyers

When preparing pleadings, motions, and briefs, Judge French stresses the importance of professionalism and respect in all legal documents. Personal attacks and insults, even in written form, have no place in legal submissions.

As Judge French notes, “I think the main thing that judges don’t want to see in writings and submissions and filings from lawyers would be insults. No matter how much you disagree with another attorney, judges don’t want to see personal attacks.” A well-crafted legal brief should focus on the facts and legal arguments, not on disparaging remarks about the opposing party.

Additionally, Judge French underscores the importance of filing documents in a timely manner. “If a hearing is set at 4 o’clock, and you file something at 3 o’clock, I’m not going to have a chance to read it. Just know that if you wait, I’m not sitting around all day waiting on your hearing. I may have 800 cases.” Timely filings are essential to ensure your documents are properly reviewed and considered.

Key Takeaways for Writing Effective Pleadings, Motions, and Briefs:

• Stay professional and respectful, even if you strongly disagree with the other party.

• Avoid filing documents too close to the deadline. Last-minute submissions may go unread, especially in busy state court environments.

This advice is not only crucial for courtroom success but also for maintaining your reputation within your law firm or as legal counsel representing clients. Careful legal research and attention to case law are essential when drafting motions or briefs that align with local rules and established precedent.

Managing Discovery Disputes in Civil Litigation: Key Insights for Lawyers

Discovery disputes often become contentious, so it’s crucial to approach them with precision and care. Judge French emphasizes that when making motions to compel or opposing a motion, attorneys must be specific about the issues at hand.

She explains, “We need to rule in specific terms, not in general terms. I understand that for framing oral arguments, a lot of times lawyers will frame their arguments in general terms, and that could be helpful to give the judge an overview. It’s very difficult as a judge to rule in general terms.” This applies to depositions, interrogatories, or document requests—where clarity and specificity are key.

Additionally, Judge French advises, “You need to pick your battles in discovery disputes before judges, and don’t get caught up in the thrill of litigation. Make sure you stay focused on what you really need. The less you ask for, the more reasonable, and the more likely you are to get it.”

Best Practices for Discovery Disputes:

• Be specific when addressing discovery issues to make it easier for the judge to rule.

• Focus on what you truly need in discovery—don’t overburden the judge with excessive requests or broad demands.

• Know when to pursue alternative dispute resolution (ADR) to avoid unnecessary conflict over discovery disputes.

Making Legal Objections in Court: A Litigator’s Guide

A common mistake in court is failing to properly state the grounds for an objection. Judge French is clear: simply saying "objection" isn’t enough.

To preserve the record, Judge French emphasized, “When you make an objection, you have to give the legal grounds for the objection. Standing up and just saying ‘objection, Judge’ is not sufficient to preserve the record. You need to give the judge the grounds, whether it’s hearsay, or best evidence rule, or whatever it is.” Failing to do so can result in your objection being overruled. This is particularly important in pretrial hearings and arbitration settings, where it’s critical to ensure a complete record.

Additionally, Judge French provided information on the use of non-verbal cues during objections, explaining that they are unsuitable for registering an objection on the record. She said, “If during the course of a trial a lawyer is trying to get my attention, if they raise their finger or something of that nature, I’m going to call attention to it….It’s not that I’m trying to embarrass a lawyer or call a lawyer out, but it’s inappropriate to try and give a judge a non-verbal signal for an objection on the record.”

What You Need to Know About Objections:

• Always state the specific legal grounds for your objection, whether it’s hearsay, privilege, or another legal issue.

• Avoid non-verbal signals. Clearly state your objection to ensure it’s properly recorded, which can be crucial when reviewing case law later in your litigation strategy.

How to Communicate Effectively with Judges in Court

How you communicate with a judge can significantly impact your credibility in the courtroom. Judge French advises attorneys to avoid language that might come across as condescending or insulting. For example, she cautioned against telling a judge, “I’m about to educate you about this point of law,” stating that such remarks can be seen as disrespectful. In her words, “A judge does not need a lawyer to educate them on points of law... From a judge’s perspective, when a lawyer comes to the courtroom and says, 'I’m about to educate you about something,' that can come off as insulting, and that is a great example of how NOT to communicate with your judge.”

Instead, approach the court with humility and professionalism. Judges value well-argued points based on case law, facts, and sound legal research, rather than attempts to teach them something they already know.

Judge French also cautioned against using PowerPoint presentations to discuss legal standards in motions, such as those related to summary judgment. She remarked, “Don’t come in there and show me a PowerPoint about the standard of review for Summary Judgment because I have had probably 8,000 summary judgment hearings in the past few years.” While visuals can be useful in certain circumstances, they should not replace clear, factual argumentation grounded in the subject matter of the case.

Effective Communication Strategies with Judges:

• Be respectful when presenting legal arguments—don’t use language that could be interpreted as condescending or disrespectful to the bench.

• Avoid relying on PowerPoint presentations or extraneous materials to discuss established legal issues, such as the standard of review for motions like summary judgment.

Maintaining Your Credibility with Judges During Litigation

Your credibility with the judge is paramount, and it can be quickly lost if you're caught in a misrepresentation. As Judge French stated during her presentation, “The number one best way to lose your credibility with a judge would be to be caught in a misrepresentation.” This advice extends beyond intentional falsehoods to situations where witnesses don’t show up at their appointed time to testify. Judge French emphasizes the importance of honesty, particularly when dealing with witness testimony or scheduling conflicts. She noted, "If you are unsure when a witness will arrive, just say you don’t know. I would rather somebody just tell me the truth so that I can deal with it rather than misrepresent to me to buy time."

Judges appreciate transparency, and respect you more for being upfront rather than misrepresenting the situation to buy time. Misrepresentations, whether intentional or not, can seriously damage your reputation and undermine your litigation practice.

How to Preserve Your Credibility with Judges:

• Always be honest with the court, especially about witness availability or delays.

• Misrepresentations—whether intentional or not—can severely damage your reputation and your litigation practice.

• Honesty and transparency are not just essential for winning your next case but also for building long-term trust with clients and fellow trial lawyers.

Courtroom Etiquette: Dos and Don’ts

In her presentation, Judge French highlighted several critical courtroom etiquette tips that every litigator should follow to ensure professionalism and respect in the courtroom.

Don’t Try to Run the Courtroom

One of the biggest pet peeves of many judges, including Judge French, is when lawyers try to run the courtroom. While some seminars might advise attorneys to take control of the proceedings, Judge French strongly cautions against this. She said, “I don’t think that’s great advice because the judge runs the courtroom... That is not your job to take over that courtroom.” Attempting to control the courtroom can disrupt the flow of the hearing and may be seen as disrespectful. Judge French emphasized that respecting the judge's role is crucial for maintaining a professional environment and ensuring the litigation process stays on track.

Respect Break Times

This principle of respecting the judge’s authority also extends to breaks during the hearing. Judge French pointed out that breaks are at the judge’s discretion. While she is willing to make exceptions in emergencies, it’s unacceptable for attorneys to tell the judge when it’s time for a break. As she stated, “Don’t try to run the courtroom to the point of looking at the judge, and you telling the judge who is there every day, now is a good time for a break. You may not like the response that is coming in.” Always remember that the decision to take a break rests with the judge, and any attempt to direct this can lead to unintended consequences.

Be Professional During Cross-Examination

Finally, Judge French reminds attorneys of the importance of professionalism during cross-examination. While cross-examination is adversarial by nature, it is critical that attorneys focus on discrediting the witness with facts rather than attacking or disrespecting them. Judge French said, “You can try your case, but you cannot disrespect and destroy this witness on the stand. You can discredit. You can impeach. But you cannot destroy a witness on the stand.” A well-executed cross-examination should remain focused on the facts and maintain respect for the witness, which is key to upholding credibility in the courtroom.

Courtroom Etiquette Tips:

• Allow the judge to manage the courtroom, and avoid trying to take control of proceedings.

• Show respect during cross-examination, maintaining professionalism at all times.

Conclusion: Maintain Professionalism and Stay Focused

These tips from Judge French provide valuable insights into courtroom behavior that can help you avoid costly mistakes in civil litigation. By maintaining professionalism, staying organized, and focusing on what truly matters in your case, you’ll improve your chances of success and strengthen your client relationship.

Take Your Legal Skills to the Next Level with NBI

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Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice or a solicitation to provide legal services. You should consult with an attorney before you rely on this information. While we attempted to ensure accuracy, completeness, and timeliness, we assume no responsibility for this post’s accuracy, completeness, or timeliness.