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You
have investigated the case—it looks good. You
have local counsel and you are ready to get started.
The case law may be a little different in another
jurisdiction, but litigation is litigation, right?
You can do a lot of this in your sleep now, right?
Well, guess what, Toto?
You may have just landed in the Land of Oz. If you
want to avoid some unpleasant problems, you need to
find and follow the yellow brick road.
First things first:
read the requirements for filing a pro hac motion.
The rules, fees, information needed and procedure
to do this vary from state to state. Failure to do
it right the first time may result in a lengthy delay
of your ability to work the case.
Next, get a copy of
the jurisdiction's Rules of Civil Procedure and then
find and become fully familiar with the local rules.
Federal courts and some state courts have written
local rules. Check carefully—some judges even
have additional written rules. There may be a page
limit on your briefs. Response times may be shorter
than you expect. Reply briefs may not be allowed.
Some judges will not allow you to file a written motion
regarding discovery without prior court permission.
Watch out for the unwritten
local rules and customs! Foster an open line of communication
with your local counsel and other members of the bar
in that state. Your local counsel may not think to
tell you about these customs, because he may think
all states work that way.1 Did you know that in some
courts, if you want a court reporter, you need to
hire one to come?
Research your judge.
Did he practice litigation before taking the bench?
Does he believe himself to be an expert on a particular
area? Has he written articles or taught seminars?
If you are seeking (or opposing) electronic discovery,
it would be very helpful to know if the judge has
a particular passion for teaching the world how important
electronic discovery is.
Treat opposing counsel
with the same respect you would treat a member of
your own bar, but do not be surprised if the favor
is not always returned. Never underestimate opposing
counsel.
Get a copy of the jury
instructions for the jurisdiction as soon as possible.
Develop your case keeping the instructions in mind.
If your local counsel
does not already have a good research database, consider
hiring a law student from the state to prepare memos
for you on the issues that you can anticipate arising
in your case. Find out if they are available for quick
projects later.
Remember: you are the
outsider! Be prepared to have to earn the respect
of the court (and opposing counsel, for that matter).
Introduce yourself early on and get educated on the
judge's procedures and the law. Sometimes, it only
takes one or two easily avoidable mistakes, like not
including mandatory good faith language, to destroy
your credibility with the judge. •
R. Margaret Dobson is an attorney in Sheridan
with a solo practice, Dobson Law Firm, P.A.. Her practice
areas include probate, family law, property law, appellate
work and civil litigation. Her civil litigation practice
has taken her to at least seven different states.
1. Keep the reverse of this in mind if you are local
counsel for out of state attorneys.
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