The Rules: Know and Follow Them
Litigation Attorney Daniel Small co-authored an article with the Honorable Judge Douglas H. Wilkins in Massachusetts Lawyers Weekly as part of a biweekly series. This article discusses how judges live in a rules-based world so if you want to persuade them, view the rules as aids, not obstacles.
Mr. Small and Judge Wilkins address common problems that appear in the courtroom when professionals don’t follow the court rules. For example, it is unlikely you will gain an advantage by calling your motion an "emergency" when it isn't one. Doing so will convince the judge of your disregard for a fair and orderly process and could damage your credibility. The rules were set in place for a reason and it is the attorney's job to follow them so they can best serve both the client and the court.