A View from the Law Clerk’s Chair by Alex Matthew Allman


Alex M. Allman is the law clerk to the Honorable William B. Spellbring, Jr. in the Circuit Court for Prince George’s County. Mr. Alman received his J.D., cum laude, from the University of Baltimore School of Law in May 2000. He is an active MTLA member, serving on the Trial Reporter Committee, and is involved in the Maryland State, Prince George’s County, and Baltimore City Bar Associations.


As the law clerk to a circuit court trial judge I organize, analyze and review all the paperwork filed in the civil cases pending before the judge. I also discuss legal issues with the judge in preparation for hearings and trials and I observe attorneys presenta- tion of arguments and evidence. I offer a few observations from my viewpoint.


Always attach an order to a request for relief.


Many lawyers submit motions and re- sponses and fail to attach an order. Without the order, the judge is unable to issue his ruling on the request for relief. This is particularly frustrating to the judge when the ruling involves the resolution of some, but not all the issues in the case. For example, Maryland Rule 2-501(f) provides that “[w]hen a ruling upon a motion for summary judgment does not dispose of the entire action and a trial is necessary, the court . . . may enter an or- der specifying the issues or facts that are not in genuine dispute.” A lawyer who offers to draw up such a potentially com- plicated order will surely be regarded as helpful and prepared in the eyes of the judge and his or her staff. In short, Judges prefer to find an order attached to a mo- tion reflecting exactly what action the lawyer wants the court to take, so that he or she can simply sign off on the ruling. Otherwise, the judge has to have his or her staff prepare the order.


Be familiar with the rule governing hearings. It is not uncommon for a law clerk to


receive a call from a disappointed lawyer complaining, “the judge granted my opponent’s motion for summary judg- ment without a hearing, this was a dispositive motion, I thought I was en- titled to a hearing, can the judge do that?” The answer is yes. Maryland Rule 2- 311(f) provides: “[a] party desiring a hearing on a motion . . . shall so request in the motion or response under the head- ing ‘Request for Hearing.’ . . . [e]xcept when a rule expressly provides for a hear- ing, the court shall determine in each case whether a hearing will be held, but it may not render a decision that is dispositive of


14 Avoid ex parte contact. However innocent it may seem to the


lawyer, attempting to engage to ex parte contact with a judge or the judge’s staff is not appropriate. Maryland Rule 16-813 lists the Code of Judicial Conduct, Canon 3A(5) provides: “[a] judge should accord to every person who is legally interested in proceedings, or the person’s lawyer, full right to be heard according to law, and, except as authorized by law, neither ini- tiate nor consider ex parte or other communications concerning a pending or impending proceeding.”


Since the law


clerk and the judge’s staff can be consid- ered an extension of the judge, this rule


Trial Reporter


If citing a case to the court in a legal document, cite to the Maryland reporter. In most Maryland courthouses, the judges have immediate access to the Mary- land Reporters, but not the regional reporters. If only the Atlantic cite is pro- vided, the judge or the law clerk will have to engage in the process of trying to con- vert the Atlantic cite to the Maryland cite. Providing the Maryland cite will enable the judge or the law clerk to easily locate and read the case, without the need to take a trip to the law library or log on to ex- pensive legal software to recover the case.


Spring 2001


a claim or defense without a hearing if one was requested as provided in this sec- tion.” (emphasis added). Any lawyer desiring to be heard in court should re- quest a hearing.


Be familiar with the rules surrounding scheduling matters. Another issue law clerks often encoun- ter arises from a lawyer’s failure to follow the rules concerning scheduling of hear- ings and trials. Scheduling issues are very important to judges and their staff as dockets are busy and a delay in one case may impact scheduling for other cases. Lawyers need to keep in mind that Mary- land Rule 2-508(a) allows that “[o]n motion of any party or on its own initia- tive, the court may continue a trial or other proceeding as justice may require.” If there is good cause to continue the case, and all counsel agree, the matter will usu- ally be continued. However, the judge must know the date to which he or she should continue the matter. A motion re- questing a continuance should always suggest a proposed date to which the matter should be continued. This pro- cess usually involves first clearing the date with the other lawyers, then the assign- ment office, and the judge’s chambers. Once a date is cleared, then the lawyer should include that date on the motion for continuance or postponement. (Re- member to check with each local jurisdiction to see if the process is the same.)


applies to them as well, and should be followed. In short, ex parte phone calls to the judge’s clerk create an uncomfortable situation for the clerk and could lead to an appearance of impropriety.


Be aware of the layout of the


courtroom and use it effectively. Law clerks have the opportunity to ob-


serve many different presentation styles in the courtroom. Some of the most ef- fective presentations I see come from lawyers who know how to “choreograph” the courtroom. Often, prior to a trial or a hearing, a lawyer can be seen surveying the courtroom to determine the best po- sition from which to deliver an argument, examine a witness, or present demonstra- tive evidence in order to take advantage of the courtroom’s individual physical characteristics.


Include all the appropriate personal information on your pleadings. Maryland Rule 1-311(a) mandates, in


pertinent part: “[e]very pleading or pa- per filed shall contain the address and telephone number of the person by whom it is signed.” (emphasis added). On the signature line, always include your address and especially the telephone number. Many attorneys forget the telephone number, making it more difficult for the judge’s staff if a call needs to be placed to the attorney’s office. It makes the judge’s and the staff’s job easier if they need to contact the lawyer to just turn to the last page of a pleading and find the lawyer’s address and phone number.


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