Everyone needs to make their own journey -- Hon. Nancy Atlas, J71

Early on in her legal career, Judge Atlas said that she received fabulous advice that "everyone needs to make their own journey."  During the Tufts Judicial Series program on May 12th featuring Judge Atlas, she shared that advice to attendees.  She also emphasized the importance of returning the practice of law into a profession.  During her practice as an attorney and tenure as a United States District Judge, she explained that she has seen the professionalism of the legal practice diminish into more of a business.  This comes from all perspectives -- client, firm, partner, and associate. 

Our two excellent TLA moderators from Houston, Texas, Jimmy Leo and Laurens Wilkes, asked Judge Atlas about a whole range of topics from her legal career, changes in the law during her practice, diversity, and current conditions responding to the pandemic.  A video of the discussion will be available in a couple of weeks if you missed the program.  

Some of the highlights for me from yesterday's program included:

• Civil vs. Criminal Cases - Judge Atlas explained that she finds criminal cases very interesting.  She expressed the sense of importance and responsibility in adjudicating those cases. The civil cases, however, are growing increasingly more complex. As an example, she stated that Congress is passing legislation which is hundreds of pages and she is concerned very few of them are reading it.  The legislative history does not provide much assistance so the judiciary is left to interpret it.  
• Law Clerks - Judge Atlas' preference was to hire law clerks with 1-2 years of legal experience.  She also had a career law clerk which made training and working with the 1 year law clerks more productive. 
• Diversity in Clerkships and the Profession - Specifically, she mentioned the ABA's Judicial Intern Opportunity Program and the Just the Beginning Foundation as excellent programs.  
• Mentorship and Training - Judge Atlas is concerned that there is not enough opportunities for more junior attorneys to receive the experience and training of trial practice.  She explained that there is a desire to overturn every stone and an inability to employ the strategic, risk-taking approaches that is inherent in trial practice given the lack of experience. To make a difference on this issue in her courtroom, Judge Atlas imposed a policy that oral argument would be granted if an attorney who has practiced less than seven years presents the oral argument.  She also encouraged co-counsel to present themselves during oral argument when consulted by lead counsel.  
• Clearing the Civil Case Backlog.  We had a discussion about ways the civil case backlog could be cleared following the pandemic.  Judge Atlas suggested a non-binding summary jury trial with a retired justice (likely followed by a mediation session) as such an ADR method.  Others discussed trials referred to Magistrate Judges to clear the cases.  Interestingly, some districts are permitting counsel to select Magistrate Judges for that purpose.  

We were honored to have our previously featured guest, Judge Andre Birotte, and our next Tufts Judge, Magistrate Judge Steven Locke, attend this program.  Please register for the Judge Locke program scheduled for June 2nd at 6:30PM.   

Contact me (Tom Dunn, TLA President - rtdunn@PierceAtwood.com) to learn more about these events or about the TLA in general.