Miscellaneous Bench Notes
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.
Kazanjian, J.: I expect counsel to conduct themselves professionally towards each other and towards the court.
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.
(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.
Kazanjian, J.: I have witnessed a real lack of understanding of the laws governing the admissibility of evidence, and a lack of preparation for evidentiary issues that get raised at trial. I encourage you to consult the Mass. Guide to Evidence when you prepare for trial and to have a copy with you during trial.
Also, the incivility that exists, particularly during the discovery phase of civil cases, is sometimes disheartening. Not every issue warrants a battle. In fact, very few do. I do not appreciate personal attacks on opposing counsel either in open court or in written filings. I will likely cut you off if you launch into a history of emailing, such as who did not respond to what. You should treat opposing counsel the way you wish to be treated. Unnecessary disagreements only serve to increase the costs of litigation, which is rarely in your client’s interest.
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.
(3) Are there any other orders, policies, or practices that you follow about which you would like to advise the members of the bar?
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.
Kazanjian, J.: No, It is a pleasure and privilege for me as well to sit in the BLS.
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
| Date published: | April 1, 2022 |
|---|---|
| Last updated: | May 16, 2024 |