(1) Are there any other matters with regard to practice or procedure in your courtroom about which you would like to advise the attorneys who appear before you?
Salinger, J. I do not want to hear and will not tolerate personal attacks on opposing counsel or parties, or any other kind of unprofessional conduct.
Krupp, J. The current BLS1 courtroom (Courtroom 1309) was built for appellate argument. The acoustics leave much to be desired. Lawyers trying in Courtroom 1309 need to prepare for that situation, including familiarity with the location of the fixed microphones.
Squires-Lee, J. The Superior Court is the great trial court of general jurisdiction in the Commonwealth of Massachusetts. I expect everyone appearing before the Court to act with due regard for the solemn, important work of justice in which we are all engaged.
Barry-Smith, J. Focus on the issues and remain civil. It will rarely serve your client’s interests to attack the other side.
(2) Are there common deficiencies in practice that you regularly observe on which you would like to comment?
Salinger, J. Do not let your client’s dispute with the opposing party turn into personal animus toward opposing counsel. You can provide your client with diligent and aggressive representation on all matters of substance, without ever being disagreeable and without getting into pointless fights over matters of procedure or minor things that will make no difference to the outcome. Be nice.
On a related note, please keep your advocacy focused on the substance of whatever it is your client needs me to decide. Arguments that amount to “But they’ve been bad!” are neither helpful nor effective advocacy.
Krupp, J. The two most common deficiencies I have observed are the failure to confer adequately before filing motions and the lack of civility by some lawyers in written filings and even during in-person hearings. The two problems are often linked. Most discovery and scheduling motions can and should be resolved between counsel acting in good faith. And, like all judges I know, I find ad hominem attacks – often veiled as questioning the integrity or motives of the opposing party or its lawyer – to be distracting and counterproductive.
Squires-Lee, J. In my experience on the bench so far, lack of preparation, incivility, and lack of familiarity with the rules of evidence are the regular deficiencies I observe.
Barry-Smith, J. Although I occasionally witness lack of meaningful conferencing before filing discovery motions or lack of conciseness in argument, the advocacy at the BLS is generally quite excellent, and appreciated.
(3) Are there any other orders, policies, or practices that you follow about which you would like to advise the members of the bar? If so, please attach copies to your response.
Salinger, J. No, thank you. It is a pleasure and a privilege to sit in the BLS.
And I agree with my colleagues.
Krupp, J. No. I will add that overall it is a pleasure to sit in the BLS. The quality of the written and oral advocacy is quite high. The issues before the BLS are frequently engaging, obviously important to the litigants, and sometimes impactful well beyond the parties to the case.
Squires-Lee, J. I am honored and privileged to be asked to sit in the BLS. I very much look forward to working with my colleagues and the BLS.
Barry-Smith, J. No practices or policies beyond those already discussed.
(4) Do you have any guidance regarding the use of artificial intelligence in litigation.
Salinger, J. Counsel and their technology support specialists know much more about using AI to screen and analyze large volumes of documents or electronically stored information then I ever will. I have no opinion about the use of AI in conducting legal research. As for using AI to help draft motions, legal memoranda, or anything else, my advice is not to do so.
Krupp, J. AI can be a useful tool, but lawyers and litigants are ultimately responsible for the quality and accuracy of their filings. It is not an excuse for fabricated citations or inaccurate filings that a lawyer, associate, or research intern used AI in the course of preparing the filing. On a related topic, in the last couple of years, I have been troubled in a couple of cases by the apparent submission to the court of documents that were complete fabrications that were created by using AI or various nefarious online tools. The possibility that a document can be fabricated so easily creates a peril for the unwary lawyer, and should heighten every lawyer’s awareness of the need for authenticating contested documents.
Squires-Lee, J. I agree with Judge Salinger. Given that lawyering is applying one’s experience, intellect, and legal knowledge to the facts and issues in the case to persuade the Court to agree with the lawyer’s proposed conclusion and outcome, I am unable to discern how generative AI can assist with crafting written legal argument and would discourage its use for that purpose. Counsel should also review the ABA’s Opinion 512 on the use of Generative Artificial Intelligence Tools and the Supreme Judicial Court’s Interim Guidelines on use of Generative AI in the Trial Courts. Finally, like Judge Barry-Smith, I would remind counsel that the Rules of Professional Conduct apply to a lawyer’s submission of material generated by AI, in particular the rule requiring candor to the tribunal. See Mass. Rules Prof C. 3.3(a).
Barry-Smith, J. Counsel of record is and will remain responsible for their writing and work before the court. Beyond that comment, I am unqualified to provide guidance on use of AI in litigation.
(5) As new generations of lawyers enter the profession, what advice do you have for gaining experience with complex business litigation.
Salinger, J. Don’t be shy about telling your more experienced colleagues that you are eager to participate in presenting argument in court and in examining witnesses in depositions, during evidentiary hearings, and at trial. Read business litigation decisions by trial judges and appellate courts voraciously. And work hard to connect personally with an experience business litigator who is willing to mentor you not just on trial advocacy and other litigation skills, but also on business development and client relation skills.
Krupp, J. Volunteer to take business cases that are smaller that no one else in your firm wants to take. Instead of being number #3 on a bigger case, you can be #1 on a smaller case. As a result, you can have final say on the pleadings, take the depositions, make the strategic litigation decisions, and argue the motions in court. Do a great job on the cases you handle and you will be recruited to do more (and bigger) cases.
Squires-Lee, J. Judge Salinger’s advice is sound. Take risks by asking to argue motions and take and defend depositions. Also, go to Court. Even if you have to make up your billable hours elsewise. Watch arguments and trials in the BLS. Newer lawyers at the bar will learn a lot from watching a diversity of lawyers argue motions and try cases. Seek mentors and sponsors and also build a personal kitchen cabinet of advisors. Volunteer. Always say yes to opportunities that will help you develop your skills.
Barry-Smith, J. Follow Judge Salinger’s advice, and: Be fully prepared when you are provided the chance to handle a hearing. Beyond the motion or scheduling matter at hand, other aspects of the case may arise.
| Date published: | April 1, 2022 |
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| Last updated: | January 14, 2026 |