How New Lawyers Can Jump-Start Their Courtroom Exposure

In order to be admitted to the Delaware Bar, not only do you have to graduate from law school and pass the bar exam, MPRE, and character and fitness interview, but you must also complete a list of “clerkship requirements.”  These clerkship requirements are essentially a legal scavenger hunt that includes attending various legal proceedings, such as jury selection, sentencing, civil trial, and motion argument, and reviewing various legal documents like incorporation papers, fully probated estate files, and real estate transaction documents.  Candidates for the Delaware Bar must fulfill these clerkship requirements, but they are a worthwhile endeavor for lawyers and law students nationwide.  Exposing yourself to real-life legal proceedings and documents as early as possible, even if they do not necessarily align with the field of law you are planning to practice, can provide a huge boost to your young legal career.

How To Attend Proceedings and Review Documents

As a candidate for the Delaware Bar, you first check the publicly available calendars of the Delaware judicial branch to find upcoming proceedings that can fulfill your clerkship requirements.  Fortunately for those living in the other forty-nine states, Delaware courts are not alone in their pursuit of promoting transparency and their goal of ensuring that the public’s right to attend and observe judicial proceedings is protected.  Federal and state courts across the country, from New York state courts to the Orange County Superior Court of California and the United States District Court for the Southern District of Texas, also post upcoming legal proceedings on easy-to-find online calendars.

If the courts conveniently located for you do not have publicly available calendars, give the courts a call, kindly explain that you are a lawyer or law student eager for the opportunity to observe any upcoming proceedings, and ask how you can attend.  Or take a leap of faith, dress up in your best courtroom attire, and go to court.  There are typically information desks where you can ask about the day’s schedule.  Do not forget to bring a notebook to jot down anything you learn, and check your local court’s technology policies because you might not be able to bring your electronic devices.

To review legal documents, if you or your employer/school has access to Westlaw and/or Lexis, use those subscriptions to search for different kinds of court filings.  If you do not have access to those databases, courts often have online case docket searches on their websites with capabilities to review non-confidential documents.

Certificates of incorporation, bylaws, and other corporate governance documents for major public companies, like Apple or The Walt Disney Company, are often available online for investor relations and securities reasons.  Local governmental entities, such as the Register of Wills for New Castle County in Delaware, may have estate documents that have been fully and formally probated and deemed public information available for review.  Real estate transaction papers and various model forms of legal documents are frequently viewable online through local, state, and federal bar associations, like the New York City Bar.

The Benefits of Early Exposure to Real-Life Legal Proceedings and Documents

Taking the opportunity to observe legal proceedings and read legal documents is beneficial in many ways, including the development of both hard and soft skills.

• It can help you deal with imposter syndrome, performance pressure, and other common anxieties. When you attend a contested hearing or opening argument at a trial, you will quickly realize that most lawyers and courtroom moments are not as polished as what you see on TV, in the movies, or even during your moot court experiences.  Arguing attorneys often stumble over their words and fail to answer questions to the judge’s satisfaction.  More frequently than you might expect, you will find typos, mistake-riddled citations, and confusingly written sentences in legal filings.  As you advance in your legal career, it can be comforting to know that those with more experience are still learning too.  You can do this job—and soaking up courtroom experiences early on will help you do it well.
• It can help you prepare for any pro bono matters or appointments. In Delaware, as in many other states, courts often appoint attorneys to represent clients in pro bono matters.  If you are working for a private firm with a transactional background, being appointed to a family court case with an upcoming hearing or trial can be daunting.  Attending a family court proceeding, like a guardianship or dependency/neglect hearing, early in your career or in law school can lay a very helpful foundation that will give you some confidence if and when that pro bono appointment arrives in your inbox.
• It can help with networking and be a conversation starter at your place of work. Respectfully introducing yourself to the attorneys you observe and explaining your reason for attending is a great way to meet others in the industry.  Beyond that, discussing a legal proceeding that you observed or a non-confidential document that you read can be a nice conversation starter at networking events or at your place of work.  You would be surprised how many seasoned attorneys have not been exposed to proceedings and documents outside of their specific specialty or practice, and they are eager to hear about your experience.
• It can help you understand the weight and importance of your profession. No matter what area of law or type of practice you are in or plan to be in, attending a session of sentencing and/or arraignments makes you feel the weight of the profession you have chosen.  On a human level, hopefully, you can also witness the civility and professionalism that the best in this field display even in the toughest of circumstances.  When you are struggling at any given point in your legal career, it is important to keep your work in the proper perspective.

A Blueprint for Broader Legal Growth

Delaware’s legal landscape has benefited immensely from having candidates to the Delaware Bar complete the clerkship requirements scavenger hunt.  Other legal landscapes across the country, along with bright-eyed lawyers and law students, should endeavor to seek out observing opportunities and publicly available legal documents to enjoy the same benefits.

About Potter Anderson

Potter Anderson & Corroon LLP is one of the largest and most highly regarded Delaware law firms, providing legal services to regional, national, and international clients. With more than 100 attorneys, the firm centers its practice on corporate and alternative entity law and litigation, commercial litigation, bankruptcy, intellectual property, labor and employment, and real estate.