Listen "65. Emergency Advocacy, with Judge Mark Drummond"
Episode Synopsis
For trial lawyers, “advocacy in a hurry” — injunctions, bail hearings, requests for orders of protection, emergency custody petitions, or immigration orders — calls for making the most of the limited time you have before the court, even if it's just 15 minutes. Former Illinois Eighth Circuit Court Judge Mark Drummond shares seven valuable tips on compressing your case to fit the time available, how to help the judge quickly understand what’s at issue in the proceeding, and what ethics concerns must remain top of mind for all advocates regardless of whether their time before the court is 10 minutes or 10 weeks. Topics3:43 What is emergency advocacy? 8:00 Circumstances calling for emergency advocacy16:48 Making the most of the little time you have17:40 Factors you must prove in your state18:30 Primacy and recency21:00 Appeal to the judge21:47 Written offer of proof23:15 Persuasive use of numbers23:53 Offer time limits27:00 Judges triage27:39 What judges fear31:02 Two things to be prepared for34:11 Your duty of candor to the court38:06 Signoff questionsQuote“You’ve spent a lot of time going through law school. You’ve built a practice. Clients will come, clients will go. You built your practice brick by brick on the decisions you’ve made, the judgments you’ve made, and the choices you’ve made. And it takes a lifetime to do that. But you know, sometimes like a child that knocks down their wooden block tower, it only takes one time to tear all that down. And no single client is worth that.” Judge Mark DrummondResourcesJudge Mark Drummond (bio)"Death Penalty Cases in a Traffic Court Setting" (article)"What Judges Want" (article)Ethical duty of candor to the court (newsletter)