US Judges Directing Lawyers to Handwrite Orders After Oral Argument

• Judges sometimes direct lawyers to handwrite orders immediately after oral argument.
• This practice raises concerns about potential disputes over order accuracy and compliance exposure for counsel.
• Courts should generally avoid relying on handwritten orders prepared by lawyers, as they can create unnecessary complications.

Given that lawyers have adversarial interests, handwritten orders prepared immediately after oral argument can create unnecessary confusion and may lead to compliance exposure.

Judges directing lawyers to handwrite orders after oral argument has become a common practice in some courts. This unusual procedure involves judges announcing their ruling and then instructing one of the lawyers present to write out an order that the judge can sign. While not all courts engage in this practice, it is notable that some judges rely on counsel to memorialize the court's decision immediately after oral argument. In some cases, this even occurs within the courtroom itself.

Courts are often busy and may seek efficient solutions to manage their workload. Directing lawyers to handwrite orders can be seen as a way to expedite the process, leveraging counsel's understanding of the case to reduce the time required for order preparation. However, this approach raises concerns about potential disputes over the accuracy of the order. Given that lawyers have adversarial interests, handwritten orders prepared immediately after oral argument can create unnecessary confusion and may lead to compliance exposure.

Lawyers should exercise caution when receiving handwritten orders from judges. These orders may not only create potential disputes over their accuracy but also expose counsel to compliance risks. Judges should generally avoid directing lawyers to handwrite orders after oral argument, as this practice can undermine the integrity of the court's decision-making process and lead to unnecessary complications in case management.

Lawyers should be cautious when receiving handwritten orders from judges, as they may create compliance exposure and potential disputes over the accuracy of the order.

Source: Original reporting via Briefly