The Secrets To Litigating In The United States Federal Trial Courts - What The Local Rules Won't Tell You

Even the most seasoned litigators sometimes find themselves intimidated by the idea of litigating in federal court. Those lawyers familiar with only the state court rules and practice, often find themselves outmaneuvered by an opponent who has litigated many cases in that particular district court. Every district court and individual judge employs slightly different procedures and local rules. However, armed with these eight tips for success, you will feel like a veteran of federal court litigation, and more importantly, appear experienced to your adversary.

This article contains basic advice for any federal court practitioner. While clerking in the federal courts for two years, I was shocked at how many attorneys could use a reminder of these simple hints to litigating in the district courts.

1. Avoid "Going It Alone" With Pro Hac Vice Admission

When handling a case that calls you away from your home district you will be faced with the decision of whether to obtain local counsel. Experienced attorneys will tell you that litigating in a foreign district without local counsel invites problems. All district courts will allow you to appear pro hac vice but most districts give the judge discretion to require you to obtain local counsel. In most cases, failing to select local counsel and "going it alone" is not only asking for trouble, but also a disservice to your client.

Local counsel, even if serving only a minor role in the case, can provide you with intangibles such as guidance on the judge's preference for handling discovery disputes. Local counsel may be privy to your particular judge's likes and dislikes in a way that you will never discover from reading a judicial profile. Certainly, you do not want your adversary appearing more knowledgeable than you when it comes to the local rules. With the wide variety of rules that apply to different districts and each courtroom, local counsel is usually necessary to level the playing field.

2. Select Local Counsel Carefully

Selecting local counsel is not the time for throwing business to the "coolest" guy in your law school class. You need to put careful thought into your choice for local counsel. Do some research. Ask your friends and colleagues who they recommend to serve as local counsel. After you have made a list of potential candidates, ask yourself the following questions about each person: 1) What is his/her reputation in the community, and specifically, in that district's Federal Bar...