When I was a child, back when TVs were low-definition, boxy, and often enclosed in a wooden frame, I used to watch Cheers, the show about a bar in Boston where “everybody knows your name.”  The show always took place inside the bar, with a core group of characters and themes, including Sam and Diane’s off-again, on-again romance, and the running commentary offered up by bar regulars Norm, Frasier, and Woody.  Now that I’m an adult, I've realized practicing law in a small town is a lot like being a character on Cheers.  For better or worse, everyone will know your name, and you’ll often see the same faces in the judicial cast of characters you work with week after week, and year after year.   For me, this is a thrill – I have the power to decide my professional reputation throughout the community, and not just to a single senior associate or partner who reviews my work.  In a small town, you craft your reputation both inside and outside the courtroom, and this column will discuss ways to do that from inside the courthouse.

As a judicial clerk for a court located in a small town, I’ve been able to witness dozens of lawyers appear before the court, many on a weekly basis.  Like the characters on Cheers, the litigators, prosecutors, and defense attorneys who regularly appear before our court fit into certain predictable roles and patterns.  In general, there are three types of lawyers who appear before the judges:  new lawyers, lawyers who have earned the respect of the court, and lawyers who have earned the skepticism of the court.  Everyone starts out as a new lawyer, and wants to become a lawyer respected by the court.  Why?  When a lawyer is respected by the court, the court is less dismissive of arguments, examination of witnesses, and objections and more responsive to motions filed and arguments advanced.   Earning the respect of the court involves not only what you do (the substance of your arguments), but how you do it. 

 Take Responsibility:  Every lawyer makes a mistake at some point or another.  Sometimes it’s a late filing, sometimes it’s having an incorrect case cite, and sometimes it is forgetting a document.  Be honest about your mistakes as soon as you discover them, and take whatever steps can be taken to fix the situation.  Don’t make excuses - especially the “busy solo practitioner” excuse.  The court can spot a lawyer making excuses just as easily as a defendant or witness.   One day in your legal career, something will go truly awry, and your reputation and habit for honesty and forthrightness will make all the difference.

Know Your Clients and Cases:  For any litigator, but criminal defense attorneys especially - do whatever it takes to know your clients and cases. If it helps you remember, and it's not illegal, go for it.  Put a photo of their face (hopefully not a mug shot) on your folder.  Put the basic facts and physical description in large marker on the inside of your folder.  Make flashcards.  Do whatever it takes.  When a case is called, and the attorney is scanning the courtroom waiting to see which person stands up, or when an attorney misstates the charges, or the number or ages of children, that attorney loses credibility with the court.

Remember your Tums – Truth, no “ums”:   When you need to address the court, take a breath.  Take twenty breaths.  Take a drink of water.  Do whatever you can do to avoid saying “um”.  Nothing screams “I have no idea what this case is about” more than a series of “ums.” And once you do talk, tell the truth:  Did your client tell you he is starting a new job on Monday?  Say to the court “my client tells me that he is starting a new job on Monday.”  Don’t say to the court “my client is starting a new job on Monday” unless you know that your client is, in fact, starting a job Monday.  Clients will lie to you.   Your job is to represent the facts accurately to the court, so only state as fact what you know to be a fact.  A tiny difference that earns a great reputation.

Know the Rules:  If you’re in law school, you can start by taking a practice and procedure class – civil, criminal, and preferably both.  And keep copy of the rules of procedure for your state.   Knowing the rules cold, and following the rules to the letter, will earn the court’s respect and may affect your client’s outcome.   As a law clerk, I draft letters to attorneys who have filed deficient pleadings for matters such as guardianships, confessed judgments, or quiet title, for failing to comply with simple procedural steps laid out in the rules.  That’s not a letter you want to have to show your client.

 What else?  I’d love to hear comments on the commendable, and condemnable actions of attorneys in court, and ways to practice more professionally. 

Practicing in a smaller town, especially as a litigator, gives you the unique opportunity to control your reputation. Use that opportunity to develop credibility with the court as well as a reputation among other attorneys that can have a significant impact on the quality and success of your legal career.   Then, when you enter the courthouse, you can be sure that the Cheers theme song will ring true – not only will everybody know your name, but they’ll always be glad you came.