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TUESDAY, NOVEMBER 5, 2002

The federal judge overseeing the Indian trust fund lawsuit gave attendees of a law conference an inside glimpse into the workings of the federal district court system last Friday.

But U.S. District Judge Royce Lamberth didn't come to the Federal Bar Association gathering in Washington, D.C., to talk about the Cobell case. Instead, he offered the small group of attorneys and law students his top 10 tips for making courtroom appearances a bit easier for judges, juries and all parties involved.

Always Tell The Truth
"You won't be surprised with my rule number one: Always tell the truth," he said. "Never lie to the judge."

Be Organized and Prepared
"The judges really have precious time," he said. "You really want to try to show the judge that you're trying to move the case as quickly as you can."

Lamberth specifically suggested that lawyers use electronic aids to help organize documents and speed along a case. "You're going to curry favor with a judge and ultimately that's to your client's advantage," he said.

Concede Weak or Losing Points
Admitting weak points and mistakes gains "credibility" before a judge, said Lamberth. A "scatterbrained" approach, on the other hand, makes an attorney "either look desperate or look like a jerk," he countered.

"Argue the best points and try to preserve the best points," he said.

Have a Story
"Have theme and work your theme into your opening and closing [argument]," Lamberth suggested.

Attorneys who use analogies "from everyday life" can help juries better understand a case, he noted. "Lawyers frequently complain to me about jurors falling asleep," he said.

"And I say: 'You put them to sleep, you wake them up,'" he jokingly added, eliciting laughter. "The juries are sleeping because the lawyers made it so boring."

Be Likable
This rule also applies to jury trials, Lamberth noted: "Be friendly to jurors. Respect their time."

"Jurors think that lawyers waste a lot of time," he explained. "They're right."

Pick Your Objections Carefully
"Why are you objecting in front of the jury like you have something to hide?" he said.

Learning the rules of evidence is crucial, Lamberth added, because attorneys can use them to their advantage.

Don't Ask Leading Questions
Let the witnesses tell the story, Lamberth said. "You don't want to make it look like you're just leading them and they're just parroting your line," he said.

Listen to the Judge
Listen to the judge and take cues from the judge, Lamberth said. "Most of the time, I'm not really talking just to hear my head rattle," he explained.

This often involves getting to know more about a judge, he said. Working for the U.S. Attorney's office in Washington, D.C. -- he eventually rose to chief of the civil division before joining the federal bench -- Lamberth said he employed this tactic.

Think of Alternatives to Your Position
"If you can live with something less than all or nothing, and still get what you want," he said, "you really want to think about ways the judge can rule for you."

Lamberth added that federal courts have wide discretion to make rulings. Attorneys who appeal to a judge's "sense of fairness" can encourage better outcomes, he said.

Be Civil
Lamberth's last rule is almost as important as the first, he said. Attorneys, whenever possible, should be civil to one another -- especially out of the courtroom.

"Some of the depositions I read are beyond my belief how lawyers treat each other," he said. "Some of the letter writing exchanges that I see . . . are beyond belief, that lawyers stoop to this level."

"I'm seeing what's going on behind the scenes," he added. "Jerks don't win in the long run."

Relevant Links:
U.S. District Judge Royce C. Lamberth, biography - http://www.dcd.uscourts.gov/lamberth-bio.html