IMPROVING FEDERAL TRIAL ADVOCACY

• NCJ Number: 62083
• Journal: Judicature Volume: 60 Issue: 10 Dated: (MAY 1977) Pages: 486,491-495
• Author(s): E J DEVITT
• Date Published: 1977
• Length: 6 pages
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE OPERATING STRATEGY OF THE COMMITTEE OF THE UNITED STATES JUDICIAL CONFERENCE IS DESCRIBED IN CONSIDERING QUALIFICATIONS FOR ATTORNEYS PRACTICING IN U.S. DISTRICT COURTS.

Abstract

UNDER A BARRAGE OF CRITICISM OVER THE QUALITY OF ADVOCACY IN FEDERAL COURTS, CHIEF JUSTICE BURGER, IN SEPTEMBER 1976, APPOINTED THE COMMITTEE TO CONSIDER QUALIFICATIONS FOR PRACTICE IN THE UNITED STATES DISTRICT COURTS. THE COMMITTEE RECOGNIZED THE DIFFICULTY OF SCIENTIFICALLY ESTABLISHING WHETHER THE PERFORMANCE OF LAWYERS IN THE FEDERAL COURTS IS ADEQUATE. THE FOLLOWING GOALS WERE SET: (1) TO DETERMINE SYSTEMATICALLY WHETHER, IN THE JUDGMENT OF JUDGES AND LAWYERS, THERE IS A SUBSTANTIAL PROBLEM OF INADEQUATE PERFORMANCES AMONG ADVOCATES IN THE FEDERAL COURTS; (2) TO DETERMINE WHETHER, IN THE JUDGMENT OF JUDGES AND LAWYERS, THERE IS A SUBSTANTIAL PROBLEM OF INADEQUATE PERFORMANCE AMONG CERTAIN SEGMENTS OF THIS GROUP OF ADVOCATES; AND (3) TO GATHER OPINIONS ABOUT THE PARTICULAR COMPONENTS OF ADVOCACY IN WHICH PRACTITIONERS MOST NEED IMPROVEMENT. A QUESTIONNAIRE WILL BE SENT TO EACH FEDERAL DISTRICT JUDGE, SOLICITING VIEWS ABOUT THE FREQUENCY OF INADEQUATE PERFORMANCE BY LAWYERS IN THE FEDERAL COURTS AND ABOUT THE PARTICULAR COMPONENTS OF TRIAL ADVOCACY WHICH MOST NEED IMPROVEMENT. TABULATION OF THE RESPONSES WILL PROVIDE THE COMMITTEE WITH INFORMATION ABOUT THE CURRENT LEVEL OF PERFORMANCE OF TRIAL ADVOCATES AND ABOUT THE AREA IN WHICH PERFORMANCE ARE WEAK. EACH FEDERAL JUDGE WILL BE REQUESTED TO FILE REPORTS ON THE PERFORMANCE OF COUNSEL IN A SMALL NUMBER OF ACTUAL CASES DURING A SPECIFIC TIME PERIOD. A SIMILAR SURVEY OF FEDERAL APPELLATE JUDGES AND A SURVEY OF A SAMPLING OF LAWYERS ARE ALSO BEING CONSIDERED. REGIONAL PUBLIC HEARINGS WILL BE HELD TO SUPPLEMENT THE OPPORTUNITY FOR WRITTEN COMMENTS. ON THE BASIS OF THE DATA GATHERED, RECOMMENDATIONS WILL BE MADE TO THE JUDICIAL CONFERENCE. FOOTNOTES ARE PROVIDED. (RCB)