From Federal Judge Back to Litigator Recap
On October 30, 2024, the Federal Bar Association Chicago Chapter hosted an engaging and insightful Zoom webinar featuring former U.S. District Judge Gary Feinerman in conversation with Judge Sunil R. Harjani. This virtual event, which offered one hour of Continuing Legal Education (CLE) credit, provided attendees with a unique opportunity to gain practical advice from two highly experienced legal professionals. The conversation spanned topics such as effective advocacy, litigation strategies, client communication, and the lessons Feinerman has carried into private practice from his years on the bench.
A Deep Dive into Transitioning from Judge to Advocate
Gary Feinerman, who currently serves as a litigation partner at Latham & Watkins, began by discussing the significant transition from serving as a federal judge to representing clients. He described the challenges and adjustments involved in moving from the bench, where he made decisions on cases, to a role where he now works to influence those decisions on behalf of his clients. Feinerman emphasized that his experience on the bench has given him a unique perspective on advocacy, allowing him to understand what judges look for and how to tailor arguments accordingly.
He noted that one of the most important lessons he learned as a judge was the value of strategic thinking and seeing the broader picture of a case. In private practice, this understanding helps him guide clients more effectively. He shared that being on the bench offered an unparalleled view of how different approaches to advocacy impact judicial decision-making, which now shapes his strategies in court.
Key Advocacy Skills: Lessons from the Bench
The discussion then turned to the practical skills essential for effective advocacy. Feinerman stressed the importance of clear and concise legal writing, explaining that judges often deal with packed dockets and appreciate arguments that get straight to the point. He advised against overloading briefs with unnecessary details or burying key arguments in footnotes, as these tactics tend to frustrate rather than persuade judges. Instead, he urged lawyers to be direct and honest, as well-prepared and straightforward arguments are more likely to capture a judge’s attention.
Oral advocacy was another area Feinerman emphasized. He recounted how, as a judge, he appreciated when attorneys were prepared to engage in meaningful dialogue rather than rigidly sticking to prepared remarks. He suggested that lawyers should be flexible during oral arguments and ready to address judges’ concerns directly, even if it means adjusting their presentation on the fly. This adaptability, he noted, often separates strong advocates from average ones.
Judge Harjani, who served as a U.S. Magistrate Judge before becoming a District Judge earlier this year, added to the discussion by sharing his perspective on effective communication with the court. He and Feinerman both highlighted the importance of understanding a judge’s pressures and constraints, particularly given the volume of cases judges handle. They advised that lawyers should be mindful of these pressures and present their arguments in a way that respects the court’s time.
Strategic Litigation and Communication with the Court
Feinerman spoke about the strategic decisions that lawyers must make in litigation, emphasizing the importance of choosing battles wisely. He explained that filing weak or unnecessary motions can diminish an attorney’s credibility and waste the court’s resources. Instead, he encouraged attorneys to focus on the issues that truly matter and to be thoughtful in their litigation strategy.
Another critical point discussed was communication with the court. Both Feinerman and Harjani emphasized the value of candor. They explained that judges are adept at identifying weaknesses in a case, and it is far better for an attorney to acknowledge and address these weaknesses directly than to ignore them. Feinerman shared anecdotes from his time on the bench to illustrate how a lawyer’s honesty can influence a judge’s perception and even result in a more favorable outcome.
Judge Harjani echoed this sentiment, noting that judges respect attorneys who are upfront about challenges. He explained that this level of honesty not only demonstrates integrity but also signals that the attorney is a credible and trustworthy advocate. The conversation underscored that being straightforward with the court often earns a lawyer more respect than trying to obscure the truth.
Advising Clients and Managing Expectations
A significant portion of the webinar focused on the importance of effective client communication. Feinerman emphasized that part of a lawyer’s job is to manage clients' expectations realistically, especially when dealing with complex or high-stakes litigation. He explained that clients often have unrealistic expectations about the speed or likelihood of success in legal proceedings, and it is the attorney’s responsibility to provide a balanced view of what to expect.
He shared that his experience as a judge has made him more empathetic and effective in advising clients. Understanding how judges think and make decisions allows him to better predict outcomes and guide clients accordingly. He also highlighted the importance of being intentional in communication rather than reactive. By thoughtfully considering how to present information and options to clients, lawyers can build trust and make more strategic decisions.
Interactive Q&A Session
The webinar concluded with a lively Q&A session, during which attendees had the opportunity to ask Feinerman and Harjani questions. Topics included specific techniques for improving legal writing, how to handle difficult or uncooperative opposing counsel, and the best ways to prepare for oral arguments. Both judges provided practical, actionable advice that attendees could immediately apply in their legal practices.
The event was well-received, with participants praising the insights shared and the opportunity to learn from two seasoned legal experts. The interactive format allowed for a dynamic exchange of ideas, making it a valuable experience for all who attended.
The Federal Bar Association Chicago Chapter remains committed to offering meaningful educational opportunities for its members. Attendees were encouraged to participate in future programs, including a webinar on November 21st that will explore the implications of the Supreme Court’s Chevron decision. The chapter’s dedication to providing relevant and engaging content continues to make it a valuable resource for legal professionals in the Chicago area.
This webinar exemplified the FBA Chicago Chapter’s mission to facilitate professional growth and foster connections within the legal community. By bringing together experts like Gary Feinerman and Judge Sunil Harjani, the chapter continues to support the advancement of knowledge and skill in the practice of law.
To stay connected with the Federal Bar Association Chicago Chapter, please explore our upcoming events!
