Who Is a Trial Lawyer? All Rise! (No Fries!)

There is a healthy inter-generational discussion about the value of courtroom appearances versus digital and remote Zoom litigation. Depending upon age, law school demographics, “quality of life issues” and a long-vested belief and admiration for adversary experience before the court and jury, legitimately different perspectives are advanced. Two seemingly unrelated recent anecdotes capture the essence of the trial lawyers’ dilemma:

The bailiff of a well-respected member of the judiciary had to admonish “trial lawyers” in open court for failing to rise when the judge entered the bench. This ancient custom of respect and judicial protocol was unknown to these inexperienced lawyers about to commence trial. Reports of this omission caught the attention of jurists and experienced advocates across the state. In a completely different setting, a well-established and recognized national restaurant refused to allow “take-out” French fries with the food order placed by a customer. At the desk, the manager publicly expressed “our fries just don’t travel well, and we want customers to be satisfied and accepting of our food.” No matter what the plea, no fries “to go.” If you wanted to enjoy a great dinner of ribs, coleslaw and fries, it was going to be in the dining room. This is an interesting way to capture the disparity of conflict for an earnest, developing trial lawyer!

Of course, it is important to understand that the digital AI and “Zoom boom” world is here, but not at the cost of courtroom decorum, experience and respect. It is certainly more convenient to conduct almost every aspect of “trial work” from your desk and home by Zoom delivery or other digital methods. Some call it the stay-at[1]home “Lululemon” practice. Many judges and veteran litigants are apprehensive about the demise of the “art of trial.” There are valid questions supporting the ease of practice for the bench and bar versus the “fight in the arena crowd.” However, courtroom adversity was never intended to be “easy.” The three-dimensional texture of being in the court, seeing the litigants and opposing counsel, and standing in the solemn setting before a jury and a judge speaks powerfully to the “art of law.” Facial expression, body language and nuanced mannerisms are part of the intuitive nature of the litigator. This is true during live depositions, hearings and trials. In some instances, the reception of your argument and the quality of your presentation will be distinctly noticed in the courtroom, while not necessarily resonating on the screen.

So, the question remains, does competitive and live advocacy grow and accelerate the experience of the upcoming lawyer or, is it just an “old school” myth?

Back to the “All rise! No fries!” example. Is dinner at your favorite restaurant, with a courteous waiter, enjoying the ambiance and conversation equivalent to the same food delivered to you by Uber Eats at your home? Strong arguments favor the “dining experience” (courtroom experience.) Person-to-person advocacy in the courtroom, depositions, hearings and trials assures an intuitive trial experience. Just like some food “does not travel well,” legal arguments made three or 3,000 miles away “on a screen,” bearing backgrounds of audio and visual disparity, likewise, may not serve the best legal product. The judiciary and advocates of the trial heritage do not want their food to be compromised by remote digestion. There is no substitute for “being there.”

Court Is Court! Home and Office Are Shelters

A larger, more animated conversation is taking place between the Florida courts and the 122,000 members of its Florida Bar. If new lawyers are not ever aware that they have to rise when the judge is entering the courtroom, what else is missing by the lack of camaraderie and spirited interface. How are we going to teach and develop the art form of courtroom etiquette and persuasion remotely? How will the mantle be passed from generation to generation if there is no opportunity to collaborate between lawyers from different generations or to absorb, assimilate and learn from each other? Do body language, voice, tone and old fashioned “war stories” get lost in the education of new lawyers?

The debate is a two-sided coin because we have seen too many advantages to the technological approach to litigation. Efficiency, productivity and an emphasis on “stay at home” or in the office is advancing with next generations. However, replacing the courtroom (or deposition room) with a large screen, speakers and multi-talking heads has its drawbacks. Even the backdrop of “Zoom,” audio and visual differentials and witness cross-examination are varied or even altered.

Over a decade ago, I had the privilege of presenting and mentoring programs around the country underscoring the transition from classroom to courtroom. The “Classroom to Courtroom Series” was presented to numerous audiences around the country as distant as Redondo Beach, California and Chapel Hill, North Carolina. In past CLE opportunities, I was honored to serve the Florida Bar, Florida Justice Association and Melvin Belli Society presenting numerous mentoring and teaching opportunities to emerging trial lawyers. By far, the most popular and widely received program was the “Classroom to Courtroom Series.” where we taught trial advocacy, lawyering and, yes, war stories. Students with one to five years of practice listened eagerly and the enthusiasm was contagious. They always wanted to hear more, and to this day, I still hear from veteran lawyers about the value of trial lawyer culture and history. Based on that experience, we have brought back this opportunity commencing in October 2025, to be conducted at our law offices or a courtroom location. The class size is limited to 15 lawyers with less than five years’ experience, and there is no tuition. As it should be, the rewards of “lifting as we climb” to better serve our profession are innumerable.

For more information or registration in a program, which will provide the courts and litigants with an opportunity to maintain and grow the world of trial by jury, contact: Carmen R. Marrero, marrero@leesfield.com and Sofia Sanchez, sanchez@leesfield.com.

Ira Leesfield is the founder and managing partner of Leesfield & Partners in Miami, Florida.

Reprinted with permission from the Daily Business Review (June 2025). Copyright ©2025 ALM Media Properties, LLC. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission. Original article available at: https://www.law.com/dailybusinessreview/2025/06/10/who-is-a-trial-lawyer-all-rise-no-fries/.