It is as important to know the people who can help you present your case as it is to know the law. There is an old saying, “a good lawyer knows the law, a great lawyer knows how the judge thinks.” That truism can be extended to: “a great lawyer knows and is friendly with the staff of the clerk’s office, the judges, the district attorney, and DCFS/Support Enforcement Services.” Some attorneys are amazingly rude to employees of these offices. It takes no additional time to be cordial and friendly, and they may be of tremendous help to you and your clients. If an opportunity to help them presents itself, you should do so. Particularly in less populous rural parishes, what “goes around, will come around.”
The clerk of court is not a part of the judge’s office. In most state courts, the clerk’s office and the judges’ chambers cannot share information in real time. This is especially true in judicial district courts that cover more than one parish. As a result of these limitations, the judge’s law clerk may not have the entire suit record when reviewing the most recent motion that you filed.
Family court practice varies from parish to parish. About 70% of Louisiana’s district courts have Hearing Officers who help their district judges with their overwhelming family law dockets. In districts with Hearing Officers, the court order will typically require you to attend a Hearing Officer Conference (called an Intake Conference in some jurisdictions) before appearing before the judge. In courts without Hearing Officers, the district judge hears the entire case. The authorization for the use of Hearing Officers can be found at La. R.S. 46:236.5, et seq.
It is important to consult the local rules of court to familiarize yourself with the process followed in each judicial district. Hearing Officers’ duties can vary significantly from parish to parish and can affect the how the attorney presents and ultimately litigates a family law case. For example, some districts allow Hearing Officers to take testimony for confirmations of divorce; some do not. Some districts use their Hearing Officers for child support enforcement hearings, and some use them for protective orders. Hearing Officer conference procedures (especially the requirement to exchange specific information by certain deadlines prior to the hearing officer conference) may also vary. It is important to know and understand these procedures because the Hearing Officer is usually the first person your client will encounter regarding their family law case. In some rural parishes, the Hearing Officer may be the only judicial staff your client sees. Thus, it is essential to be prepared, cordial, and communicative with Hearing Officers.