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Hi all,
I'm serving Notice period and last date shall be 13th May 2022. Can someone help me understand if the bands and compensation isn't release by that date, will that be adjusted in full and final settlement?? If so, what about the components, which all shall be credited in that FFS?
Thanks in advance.
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It’s not like the movies, everyone stumbles through appearances at some point. If it gets really bad you can simply apologize and say this is my first year the court will understand. You’ll only be “on” for 2 minutes for the average CMC. Make sure your connection is good and know why dates you need to get in case he doesn’t sent one (like an MSC) you can specifically request the date.
Good point. Pick dates with opposing counsel ahead of time if you can
“Good morning your Honor, John Doe appearing on behalf of (party name)”
Every time you speak, you say your name for the record.
Usually there are certain items you’re supposed to have met and conferred with opposing counsel on. First CMC they’re going to inquire whether the case is at issue. Were all parties served? Was the proof of service of the summons filed with the court? Was an answer/demurrer filed?
Once the case is at issue, they’re going to move you towards a resolution or trial. They’re going to ask if there’s anything complex with it. (Usually not) but if there’s a BK, or related case, or pending cross-complaint or complaint in intervention, this is where it gets brought up.
Then going to ask if the parties are amenable to mediation etc. Generally most are, but you need to do some discovery first.
The judge will ask how long you anticipate discovery taking. If it’s relatively straight forward, maybe 6 months to do written discovery and depos.
If the case is at issue, and everything is straight forward, the Court will likely continue the CMC for 6 months and order the parties to have completed mediation by that time.
The judge is a human being. If you start getting nervous just tell yourself that you are having a chat with a person. No big deal.
This is what I tell clients any time they have to appear in front of a judge. Never fails to put people at ease.
Most judges at this stage are relaxed. If a judge asks you a question you don’t know or if you get nervous, it’s ok to politely ask for a few minutes to gather the answer. Up until I left private practice a month ago, I was still doing this. If you’re in a rural/suburban-ish area, I’ve found judges to be even more chill at any stage. Remember, judges are lawyers and humans too. As long as you show them the utmost respect they deserve, 99% of the time you don’t have to worry about them being a dick to you (during my last hearing, I confused two cases and asked for the wrong relief during motions court - I remembered at the last second and apologize profusely and sincerely for my error and wasting the honorable court’s time. The judge had to rewrite the order but didn’t yell at me...said “it happens, counsel.”)
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It will be mostly scheduling. Don’t be afraid to say you need to check with the partner/team if the judge asks you for dates that you didn’t expect.
Note - I’m senior and I basically force partners to participate in scheduling calls. If the partner gives you two or three dates, the judge will inevitably pick a random different date, pressure you to agree to it, and then the partner will flip out that they’re on vacation or whatever that date but didn’t put it on the calendar yet. Maddening!
Congrats on your first hearing. Did you take moot court in law school? It’s the same exact thing. Case management conferences are pretty lack luster. You’re just giving the judge an update on what you and opposing counsel have been doing since your last appearance and picking new dates. Judges are human beings just like us. They’re not smarter than us either. It took me a long time to accept that, but they’re not. Older doesn’t automatically equal wiser. You know your case inside and out so you’ve already done the hard part. Plus opposing counsel is going to talk the entire time since they know you’re new. You’ll be lucky if you get to say good morning your honor before opposing counsel starts talking over you. Good luck!
If the other side is pro per, the judge will likely look to you and say something like “counsel, where are we at with this case?” Be prepared to give a brief summary of whether the parties have started conducting discovery, whether there are any pleading challenges underway, whether you are ready to pick a trial date or why you would rather the court hold off.
If the pro per doesn’t show, the court might ask you to “give notice” to them of the next cmc. That means you will be responsible for informing them of the date/time/location, in writing as a record. If the pro per shows up and the court schedules a future cmc, the court may ask if the parties “waive notice,” meaning the court will just tell you the date/time/location of the next cmc without issuing a written notice to the parties. It’s a small thing, but I remember being unsure whether I should “waive” anything during my first appearance! So just a heads up.
CMC’s are pretty chill. Make you sure you thoroughly review the status of the case so that you’re able to answer any questions from the judge. The better prepared you are, the more confident you’ll be.
At my first hearing, I did the opposite of freeze. I spoke way too fast. I’d rehearse your first sentence shortly before the hearing so you’re used to saying it. You’ll get the ball rolling and it’ll be easy from there. This type of hearing isn’t high stakes or difficult, so it’s a great first hearing. Three deep breaths and you’ll be done before you realize it.