Hearings and courtroom practice

Counsel should appear at a hearing knowing the issue, governing legal standard, important facts, relevant docket entries, strongest opposing argument, and exact relief requested. Preparation also means anticipating likely questions from the judge.

If the judge asks where notice appears in the record, counsel should provide the citation or candidly request time to locate it. A five-minute speech about justice and constitutional history is not an answer to "Which docket entry contains the notice?"

When the court asks a direct question, answer the question first and then provide necessary explanation. Avoiding an uncomfortable question by launching into a prepared speech usually makes the avoidance more obvious.

If counsel genuinely does not know the answer, the proper response is to say so and request an opportunity to verify the record or law. "I do not want to misstate the record" is considerably better than inventing Rule 847 because everyone became quiet.

Attorney argument is not automatically evidence. Counsel uses admitted or otherwise proper evidence to support factual propositions and then explains what conclusions the court should draw.

If counsel says, "The accused was at headquarters at 2100," the statement does not establish the fact merely because counsel said it confidently. Lawyers argue from evidence. They do not become evidence by increasing volume.

Trial counsel should think about the record because appellate review may occur later. When an important issue arises, the record should show what was offered, what objection was made, what grounds were stated, what ruling occurred, and why the issue mattered.

A future appellate authority cannot reliably review an objection that existed only in counsel's thoughts. If the issue matters, preserve it through proper procedure.