Drafting Effective Court Submissions on Behalf of Your Client

The person most directly impacted by court proceedings is your client. Whether it be fortunate or unfortunate, however, the judicial process often affords little to no opportunity for direct communication between parties and courts. Rather, it is fundamentally a representational process, that is, the court’s primary understanding of your client comes from you, the lawyer, in your representational capacity. Under New York ethical guidelines, a lawyer is obliged to “act with reasonable diligence and promptness in representing a client” under Rule of Professional Conduct 1.3.

Many times, especially in early stages of litigation, the court’s only impressions of involved parties will be “paper” ones, that is, portraits drawn from pleadings, bills of particulars, motions, affirmations, affidavits, briefs, memoranda and other similar documents. Too often litigants become so engulfed in a world of court schedules, deadlines and legalities that they feel cut out of the process. Adequate representation involves not only formulating convincing legal arguments, but also giving your client a voice. Both aspects are important: diligently advocating for legal rights and duties while, at the same time, fairly representing your client as a person who will be directly affected by the court’s decision. It is important that your client feels heard, both by you and the court.

This course will give you some tools to do so through the strategic use of court submissions in New York State and Federal Courts; in particular, documents such as briefs, memoranda, affirmations and affidavits designed to influence judicial decisions. It is designed for all levels of attorneys who wish to reflect upon , and perhaps improve, their understanding of what it means to be an effective client representative, specifically within the context of court-submitted documents. In particular, newly admitted lawyers should gain an understanding for the “real world” multidimensional 
human nature of judicial proceedings, together with the need for well rounded advocacy.

Learning Objectives:

1. Determine the distinction between the dual roles of an attorney, i.e. counselor and advocate/representative, and their effect on court submissions. 
2. Identify the structural, organizational, and substantive attributes of effective submissions. 
3. Translate the strengths and weaknesses of a client’s case into targeted and persuasive legal arguments in court submissions.
4. Incorporate the client’s voice into court submissions in a manner that ensures the client is meaningfully heard.
5. Explain to clients the purpose and significance of court submissions and the resulting judicial determinations.
6. Analyzing court outcomes to adjust for future proceedings.