CBA Record January-February 2022

Y O U N G L A W Y E R S J O U R N A L

Preparation for Litigators: The Importance of Reading Local Court Rules and Standing Orders By Kaitlyn Costello

F or attorneys, reputation is every- thing. It should not be news to any practitioner that it is important to cultivate a good reputation outside of the courtroom with fellow attorneys. But how do attorneys build, grow, and maintain a good reputation inside the courtroomwith judges and their clerks? Most seasoned attorneys will probably recommend being kind and respectful to the judge’s clerk and coming to court well-prepared. “Be prepared” is excellent advice, but what does it mean in practice? The first thoughts usually are: knowledge of the applicable statutes and case law, familiarity with the case facts, and practicing exactly what to say or how to respond succinctly to the court. These are all essential. How- ever, there are two other important tips to being prepared for court: (1) follow the local court rules, and (2) read the judge’s standing order.

Not only must attorneys know the Fed- eral Rules of Civil Procedure, the Illinois Supreme Court Rules, and the Illinois Code of Civil Procedure, they must also know the local court rules for the local court in which they practice. Most courts within Illinois have their own set of local court rules that govern the procedure of each court. These are not mere sugges- tions—they are rules that must be fol- lowed. Failure to follow them could result in a motion being stricken. In contrast, adhering to local court rules can help attor- neys gain credibility with the court and opposing counsel, help them understand procedural requirements for each case, and protect them from reputational harm. I have seen judges lecture new (as well as seasoned attorneys) for not following local court rules for serious matters such as properly filing financial documents with the court under seal, and for proce-

dural matters such as page limitations or courtesy copies. Every time, ignorance of local court rules strikes a minor blow to the attorney’s reputation in the eyes of the judge, opposing attorney, clerk, and the parties. Cumulatively, several minor blows can create a strong, negative local reputation. To mitigate or avoid these reputational blows, attorneys should know the local court rules by reading them and following them. However, knowing the local court rules is not enough. Attorneys must read the judge’s standing order to show that they are truly prepared and respect judicial author- ity. Notably, not all judges have a standing order. For those who do, attorneys will start off on much better footing if they read their judge’s standing order, especially in times of Zoom court during pandemic restrictions. The standing order will likely explain a number of housekeeping and procedural

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