If you have been in Rhode Island family court, whether for a Rhode Island divorce proceeding or another family law matter, and have been represented by a Rhode Island attorney, chances are you have seen the attorneys enter the courtroom on more than a few occasions to argue your case.
This can, and often is, very frustrating for clients because they want to witness first-hand everything that happens in their case. The uninformed client may seem quite suspicious and cause a lot of nervousness because he does not know what is being said about him, his case, his assets, his responsibilities, etc. . . . . all behind closed doors.
I can certainly understand the concerns of these customers. Here they are sitting in the courtroom, waiting to be heard. . waiting to be heard. . . and waiting for the moments to pass to be able to say something. . . . ANYTHING. . . to make sure your side of the story is heard by the Rhode Island family court judge assigned to your divorce case.
No doubt, as clients sit in the gallery (a more respectable term than the church-like pews that line most state courtrooms) waiting for their attorneys to return from the mysterious “chambers” of the judge, they evoke in their minds various images of what may be happening in the judge’s chamber based on everything from their attorney’s behavior that morning, to the size of the briefcase the other attorney can carry compared to their own attorney.
So is there a purpose to these “backroom” meetings that customers care about? Or is it just a way to keep the client’s mouth shut and bill the lawyer for a few hours?
As a Rhode Island attorney who focuses my legal practice in the area of Rhode Island divorce and family law, I can tell you with certainty that these questions are not simply the creation of my own mind. These are, in fact, questions routinely asked of me by clients, bystanders, and armchair lawyers who want to question their attorneys who may as well be with the judge at their chosen time to try to pick my brain. “free”, as they sit and wait to find out what fate may befall them on that particular day.
In short, attorney-judge conferences in Rhode Island family law and divorce cases are in some cases mandatory, like case management conferences and pre-trial conferences, and are, in other cases, , needed to move the court file.
Practicality must be a weight factor here for all stakeholders, litigants, lawyers and judges. Every year, state courts are packed with divorces, custody cases, domestic abuse matters, etc. In fact, there are many judges who sacrifice their own personal time and convenience (unfortunately, I might add) to hear additional matters that would otherwise go unheard if the justices did not go beyond the scope of what is simply expected or required of them. do daily.
Many Rhode Island family and divorce courts deserve a pat on the back or a round of applause from the judges for what they do for the voters of Rhode Island and those who become subject to the Rhode Island family court system. It is unfortunate that the public itself seldom sees the things that the judiciary does for them from the bench and it is rare, if ever, that good servants of the people are not rewarded or appreciated.
While we all have our good and bad days, I think it’s worth noting one week in particular when I watched Justice Jeanne Shepard, who at the time was sitting in Providence Family Court listening to nominal proceedings, miscellaneous proceedings and protection. against abuse issues. I appeared in the magistrate’s courtroom three times in the same particular week. That week and the case time was particularly busy for my schedule and that of many other practitioners as the case schedule was very heavy with limited time for each issue. Although Justice Shepard’s voice was “brief” at times with both pro se persons and counsel, she took pains to listen to each person in turn, was attentive as each person presented their case, limited testimony to the scope of the rules of evidence and what was proper. . . and more importantly, on two of the occasions he required his clerk, his assistant court reporter and the courtroom bailiff to delay their lunches for almost an hour on two separate occasions to help accommodate people who they had been waiting to be heard that morning and to help the lawyers. rework her schedule so that not only her file but also other court files can move forward. Although no one thought it was an exuberant gesture, it was a thoughtful and selfless act that was not within the requirements that she had. It was worth the slight rebuke I received when I tried to present in court testimony that was only tangentially related to the subject of the case.
The point is simply this. Conferences are part of the Rhode Island Divorce and Family Court process. In general, conferences are much quicker than full hearings that require movement within the courtroom, attrition, discovery formalities, cross-examination, redirected questioning, offers of evidence, and objections that may continue. without end if the lawyer is not particularly adept at asking. issues within the bounds of any and all evidentiary exceptions. Conferences, generally speaking, can save the client a considerable amount of time and money, as conferences are designed to speed up the process.
There are pros and cons to conferencing that clients should be aware of. Conferences will depend on your attorney’s ability to defend in an informal setting. Hearings are based on your attorney’s defense skills in a formalized and possibly highly regimented court proceeding in which a judge can hold your attorney to the letter of the law in terms of arguments, testimony, and evidence. Therefore, information that your attorney might convey that is favorable to you in the course of a chamber conference with a judge may not be admissible at all in a formal courtroom hearing. If this is the case, valuable information that YOU consider evidence and want presented at a “hearing” in the record. . . the judge may never hear or even consider it, although your attorney may make an offer of proof as to that information which the court may consider.
No one can hope or predict whether the results of a chamber deal would, or even could, reflect the outcome after a hearing. However, there are significant benefits to chamber conferences for clients and it is best to discuss those benefits with your attorney to determine what position you would like him or her to take. The practicalities are a concern with both time, the court file, scheduling, and the money and time needed to achieve the result you want the way you want it.
What happens behind closed doors? Pleasant resolutions with the candor of people who generally know the system, appreciate the practicalities, consider the client’s concerns and legal interests, and want you to move toward a better tomorrow.
