Be nice to your court clerks

When I can, I like to personally file documents with the Court of Appeal in my home turf in Santa Ana.  Of course, I could always mail in the documents or send a messenger service.  Since I spend a fair bit of time on the telephone with the court clerks, it is nice to match up a face with a voice.  In addition, as the attorney who actually prepared the document, I can make minor changes on the spot that a messenger couldn't perform.

On one particular occasion, I walked up to the filing window and found myself behind a man who was disheveled and agitated.   He was speaking in a loud voice.  I could tell that he was handling his own appeal and he was having difficulty understanding why the Clerk, Shahira, would not file his brief.  He thought perhaps she was part of some conspiracy that was out to stop him from getting justice.  Shahira was very patient in telling him why he could not file the document on that particular day, and gave him several alternatives as to what he might do to fix the situation.  She never raised her voice or got impatient with his failure to comprehend what she needed.  I thought she did an excellent job of handling the situation and diffusing an angry litigant.  Of course, she was protected by a glass enclosure while I was standing next to this man!

That brings me to an important point:  always treat court clerks with respect and courtesy.  They can and will help you.  My experience has been that clerks in superior court have too much work to do to spend time counseling people, and they run into complications when people push their limits and seek legal advice.  Court clerks at the appellate level seem to be a different breed.  They are interested in getting it right so that the appeal can proceed smoothly.  If you want information as to how the Court operates, call the clerks.   They can tell you the status of your appeal, how many copies are needed to file a document, who to serve, etc.  They can also say how the Court deals with writ petitions, which can save you bundles of money if you are tempted to file an immediate preliminary opposition rather than waiting from direction from the Court.  (Courts differ on their approach in this particular situation.)

I have spent a lot of time in the Clerk's Office over the years.  I have shared stories and laughs with the clerks.  They have always helped when I asked for it, and sometimes when I didn't.  I have encouraged other attorneys to feel free to call the clerks for information and they have never been disappointed.  Of course, I have a particular affection for the clerks in Santa Ana.  Through the years, some have retired, liked Rachel and Janess, who are probably enjoying their retirement, or others, such as Orlando, who was always so helpful and kind, have met a different fate.  But for those who are there now - Kathy, Toni, Shahira, Lee, Bonnie, Dana, Denise, Alex, Debra, Maria, and Sandra - I just want to thank you for all of the hard work you do, making my life much easier, and helping to enable our clients to have (easy) access to justice.