Federal judge questions 'move afoot' to encourage arguments by junior lawyers
“The court is aware that there is a move afoot to encourage arguments from more junior attorneys,” wrote U.S. District Judge Iain D. Johnston of the Northern District of Illinois. Image from Shutterstock.
Federal judges who encourage more junior lawyers to provide oral arguments could be interfering with the attorney-client relationship, according to a federal judge in Rockford, Illinois.
U.S. District Judge Iain D. Johnston of the Northern District of Illinois used a July 19 minute entry to highlight the issue, Law360 reports.
Johnston, an appointee of former President Donald Trump, wrote the docket entry in consolidated class actions against Deere & Co. The lawsuits allege that the company is engaging in anti-competitive practices by requiring its John Deere equipment to be repaired by authorized dealers only.
“The court is aware that there is a move afoot to encourage arguments from more junior attorneys,” Johnston wrote. “The court understands and respects why its colleagues do this. Indeed, some of the undersigned’s best friends have written their master’s thesis on this topic and have standing orders on the topic. But the court doesn’t have a standing order on this, and, in fact, questions whether judges should be interfering with the attorney−client relationship.
“The court’s goal is to reach the right answer. Whichever counsel for the parties furthers that process (regardless of their place in the legal food chain or any other characteristic) is who the court would like to hear from. If more than one counsel per side is needed, that’s fine. The court leaves this decision to the judgment of counsel and their clients.”
Law360 noted that U.S. Magistrate Judge Gabriel A. Fuentes said in October only junior attorneys should argue two motions in price-fixing suits before him. Fuentes said he would rule on written briefs alone if the parties didn’t agree.
Fuentes, also of the Northern District of Illinois, addressed the issue in a May 31 standing order.
“Judge Fuentes encourages counsel and the parties to staff their matters with junior and diverse attorneys and to provide these attorneys with meaningful participation in important aspects of the litigation and settlement of cases, including status hearings, depositions and settlement conferences, preferably under the active supervision of lead counsel,” the standing order said.
“‘Participation’ means a significant speaking role—not just carrying the briefcase.”
See also:
ABA Journal: “Judges push for diverse voices in court”
