Attorney Publication
May 10, 2010
Erika Birg Published in Fulton County Daily Report
"Know Your Judge; Know Your Rules"
Erika Birg's article, "Know Your Judge; Know Your Rules" was published May 10, 2010 in the Fulton County Daily Report. Erika's article reports on how some Federal district judges in Georgia publish individual instructions to augment court rules. For example, she notes that to help counsel resolve questions, U.S. District Court Judges J. Owen Forrester, William S. Duffey Jr. and Timothy C. Batten Sr., issue standing orders or case instructions for purposes of guiding counsel on a few of the frequent questions facing them, particularly in the pre-trial discovery phase. Erika further explains, "These standing orders are not mere rules of thumb; they are your road map and operating procedures for litigation in front of the judge. The rules span the gamut from professionalism to pleading. And the rules differ from judge to judge. Whether a regular practitioner in the court or an infrequent visitor, it behooves you to know the judges and the rules."
Erika notes that although not every judge in the Northern District of Georgia issues standing orders or case instructions, there is some practical guidance available for counsel as to their preferences and tips. She concludes, "As Judge Forrester suggested, knowing the judge's preferences can be invaluable, and as Judge Thrash advised, knowing and following the judge's instructions can distinguish between a good lawyer and a bad one. In sum, know your judge; know your rules."