Commercial and Federal Litigation Section Hosts Justice Jennifer Schecter for Second Session of Webinar Series
On Nov. 16, 2022, the Commercial and Federal Litigation Section hosted the second in a year-long series of monthly webinars featuring conversations between junior attorneys and Commercial Division justices throughout the State of New York. The guest for the event was Justice Jennifer Schecter, who sits on the Commercial Division in New York County.
Justice Schecter was assigned to the Commercial Division in April 2018. She was first elected to the bench in 2009 in the Civil Court of the City of New York and was assigned to New York County’s Civil Court from 2010 to 2012 and Criminal Court from 2013 to 2014. She was appointed as an acting Supreme Court justice in 2015 and presided over a General Assignment Part that included commercial, tort, landlord/tenant, and CPLR Article 78 proceedings. Justice Schecter began her career as an associate at Skadden Arps, Slate, Meagher & Flom LLP, after which she worked as a principal law clerk to Judge Judith Kaye of the New York Court of Appeals and Justice Eileen Bransten of the Supreme Court, New York County. She graduated magna cum laude from Seton Hall Law School, sits on the board of Judges and Lawyers Breast Cancer Alert, and was adjunct professor at Seton Hall Law School.
Formatted as a structured conversation that allowed attorneys to engage with the judge, the event was moderated by Paige Bartholomew and Charles Akinboyewa, Jr. Bartholomew currently works as a litigation associate in the law firm of Greenberg Traurig, LLP in Long Island and is a 2017 recipient of the Section’s Hon. Judith S. Kaye Scholarship. Akinboyewa is a litigation associate at Sherman & Sterling LLP.
Judge Schecter first described her path to becoming a judge and what prepared her for her judicial career. She explained that upon beginning her career at Skadden, she had no aspirations to the bench. However, at the prompting of a friend, she applied for a job several years later as a clerk to Chief Judge Kaye. Once she began working for the judge, she started to think seriously about a career in public service and following her clerkship with Chief Judge Kaye, she sought out another clerkship with Justice Bransten. Both of these judges ended up becoming important mentors, giving her confidence in her abilities. In describing what prepared her to be a judge, Justice Schecter described various experiences over time that informed her about people and helped her to understand different problems that affect various communities. She noted that her experience in private practice provided her with an important perspective and understanding of interactions between attorneys, courtesy, civility, and time pressure that lawyers face.
When asked about some general practices that she appreciates from lawyers that come before her, Justice Schecter listed a number of attributes, including preparation and knowing her individual rules of practice. She also stressed the importance of meeting and conferring with opposing counsel prior to bringing matters to the court, as well as speaking in “plain English” so as to convey complicated ideas in an easy to understand manner. Other important qualities are courtesy, and understanding that not everything is worth a fight. She explained that both the court and the client appreciate an attorney who is able to focus on settlement and mediation at all points in the case.
With regard to pet peeves, Justice Schecter stated that a main one is attorneys not answering the questions that she asks in oral arguments. She also noted that it is not appreciated when an attorney cannot concede a point or acknowledge a weakness in his or her case. Another pet peeve is when attorneys guess when they do not know an answer to a question. Justice Schecter also described as a pet peeve attorneys who lead witnesses on direct, noting that even when there is no objection, this tactic does no service to a client because it can impact witness credibility. Finally, she noted that she is bothered when the attorney arguing at oral argument is clearly not the one who knows the most about the case.
The conversation then shifted to the pandemic and the impact of virtual proceedings on the court process. Justice Schecter explained that proceeding with new cases was difficult in the early days of the pandemic, but for existing cases the court was largely able to keep those cases moving. The logistics of cases were dramatically affected, as proceedings shifted to virtual, which Justice Schecter described as a “great development.” When asked whether she prefers in-person or virtual proceedings, she said that it depends on the nature of the proceeding. Jury trials are difficult to conduct virtually, but it is something that needs to be improved given the importance of jury trials, particularly in criminal matters. Jury trials aside, Justice Schecter said she has had great experiences with virtual proceedings, including bench trials, as she loves seeing the witnesses and lawyers “up close for argument” and does not feel that she is losing personal interaction or communication in the virtual platform. Justice Schecter also noted that virtual proceedings allow lawyers to preview judges in other proceedings ahead of time from their office, and allow clients more opportunity to witness court proceedings first hand. She noted that lawyers preparing for a virtual proceeding should be familiar with the court’s particular platform and practice with the functionality ahead of time.
Another topic of discussion was the ways in which junior and diverse attorneys can have more opportunities in court. Justice Schecter said she felt very strongly that when junior attorneys are the ones who work on the briefs, they should have the opportunity to participate in court proceedings. She noted that her rules have a specific provision designed to encourage participation by junior and diverse attorneys, explaining that she was a junior lawyer once and knows that it is difficult to gain first-hand experience. When she was first appointed to the Commercial Division, she did not see diverse or junior lawyers arguing cases. She subsequently met with the head of the Commercial Division, and the feedback was that as a judge, and she could achieve the most impact on this issue by implementing an individual rule, which is a judge’s way of speaking directly. She noted that this is an issue that judges are paying attention to; they love it when they see new attorneys come in to participate in court proceedings. She said that as a result of judges’ diversity rules, the courts have seen a big difference in terms of participation.
When asked what are some things outside of the legal practice that lawyers can do to better prepare themselves for the challenges they will face, Justice Schecter noted lawyers should learn stress management skills, be able to put things in perspective, sleep, and find balance. She explained if you are feeling good, this will make you a better lawyer, allowing you to think clearly, stay fresh, and not burn out. She also suggested that lawyers make efforts to find good mentoring relationships with other attorneys with whom they connect on a personal level and who can also support their professional development. She noted that it is important that attorneys not be afraid to ask questions, even if they seem ridiculous. In addition, she said that bar associations are a great thing to join, as well as various types of networking and service opportunities, but she noted that attorneys should not spread themselves too thin.
When asked about her forecast for the future of court practice, Justice Schecter said that the courts “are full steam ahead.” She opined that even with fewer pandemic-related issues, the courts will continue to rely on virtual proceedings, which in many ways make everybody’s lives easier. Attorneys should be prepared to see much more in the way of virtual proceedings, even post-pandemic.
When asked for her final words of advice, Justice Schecter said attorneys should seek out responsibility. It probably will not fall into your lap, so if you don’t take a leap, you might not get it. She said that attorneys need to find the work to gain the confidence to allow them to do what they want to do and reach their full potential.
The third session of the series on Dec. 13 featured Justice Lawrence Knipel from the Kings County Commercial Division, followed by Justice Joseph Risi from the Queens County Commercial Division on Jan. 25, 2023.
Lisa Bentley is a commercial litigator with the law firm of Aguilar Bentley LLC and a member of NYSBA’s Commercial and Federal Litigation Section.
