View from the Bench: US District Judge Louise W. Flanagan of the Eastern District of North Carolina | Practical Law

View from the Bench: US District Judge Louise W. Flanagan of the Eastern District of North Carolina | Practical Law

US District Judge Louise W. Flanagan of the US District Court for the Eastern District of North Carolina talks about her role as a federal judge and experiences during her time on the bench, and offers practical advice to litigators.

View from the Bench: US District Judge Louise W. Flanagan of the Eastern District of North Carolina

by Practical Law Litigation
Published on 01 Oct 2017USA (National/Federal)
US District Judge Louise W. Flanagan of the US District Court for the Eastern District of North Carolina talks about her role as a federal judge and experiences during her time on the bench, and offers practical advice to litigators.
Education: 1988: J.D., University of Virginia School of Law; 1984: B.A., Wake Forest University.
Career in Brief: 1995–present: US District Court for the Eastern District of North Carolina (2003–present: US District Judge, 2004–2011: Chief US District Judge, 1995–2003: part-time Magistrate Judge); 1990–1999: Ward and Smith, P.A. (1994–1999: Partner, 1990–1994: Associate); 1989–1990: Sonnenschein Nath & Rosenthal, Associate; 1988–1989: US District Court for the Eastern District of North Carolina, Law Clerk to the Honorable Malcolm J. Howard.
What do you enjoy most about your role as a federal judge? On the civil side, I enjoy working with attorneys to identify opportunities to move cases forward as effectively and efficiently as possible. On the criminal side, I value learning post-sentencing, usually through a motion hearing, that a defendant was influenced positively by my comments at sentencing to make self-improvements. I also enjoy my interactions with chambers and the clerk's office staff and all those whose work is vital to the court, including the members of the US Marshals Service, our loyal court security officers, and our probation officers. So many contribute to the work of the court and I am grateful for their service.
Additionally, I value my experience participating in the work of restoring the courthouse in New Bern, North Carolina. The facility, built in 1935, was sorely neglected and in need of modernization when I assumed this duty station in 2003. Many years had passed under US Postal Service ownership without a resident judge. I became involved with a host of talented people in a ten-year restoration effort which brought the courthouse into the General Services Administration's portfolio and then back into service as an important place to hold court in our district.
You served as a magistrate judge for the Eastern District of North Carolina for eight years before being confirmed as a district judge. How has that experience shaped your approach to civil cases? My experience as a magistrate judge and my time as a practitioner taught me that efficiencies accrue when the trial judge keeps her hands on the case. As a result, I am less inclined to involve magistrate judges in case management activities and instead handle those tasks myself. I rely on our talented magistrate judges to assist the court in a number of other ways.
In early case management activities, I look for openings for settlement discussions or to narrow the scope of litigation, and I try to work with the parties to anticipate and address issues in discovery informally to keep the cases moving. The final pretrial conference, and events leading to that, offer opportunities to simplify trial issues or at least to learn about and plan ahead for issues looming at trial.
Have the 2015 amendments to the Federal Rules of Civil Procedure impacted your approach to civil case management? While I already took an active approach to case management, the amendments have caused me to reflect on ways I can further improve and find new efficiencies. I also have started to consider whether, in some respects, we have made motion practice so complicated that the system has effectively priced some litigants out of court.
What do you wish attorneys explained to their clients about federal litigation? Primarily, I hope that clients come into court fully informed about the costs, risks, and benefits of federal civil litigation, so that client expectations are well managed.
How should counsel prepare for Rule 16 and Rule 26(f) conferences? When preparing for these conferences, counsel should think about potential issues that could thwart the mandate of Rule 1 if counsel fail to address them early in the case, and bring those issues to the court's attention. Additionally, counsel must read the court's local rules, check for the judge's practice preferences, and study carefully the court's orders on scheduling.
How have social media and emerging technologies impacted discovery and trial practice in your court? Social media evidence raises a host of issues. If, for example, counsel attempts to introduce 100 pages of someone's Facebook account into evidence at trial, without more, opposing counsel invariably will assert multiple objections and these will be time-consuming to address. To avoid wasting the jury's time, I expect counsel to anticipate evidentiary issues related to this subject matter and preview them with the court, through a pretrial motion or during a conference before trial.
It is also important repeatedly to advise potential jurors during selection about issues related to social media to drive home the fact that electronic communication about any matter related to an ongoing trial is a violation of the individual's sworn duty as a juror.
Additionally, emerging technologies have changed trial practice. Attorneys must be savvy about what technology they use in the courtroom and how they employ it. I require counsel to avail themselves of courtroom technology tutorials provided by our clerk's office in advance of any trial. And it is always better when an electronic filer calls the clerk's office before attempting a problematic filing. This gives the case manager in the clerk's office the opportunity to address the issue before it becomes a problem embedded on the docket.
What is your biggest courtroom pet peeve? Gum chewing is a pet peeve of mine. More significantly, however, is when attorneys are unprepared. I want to see counsel do their best for their clients, so I am disappointed on those occasions when I observe attorneys who are not as well prepared as they should be. Happily, those occasions are infrequent.
What is one mistake you made early on in your legal career and what did you learn from that experience? I learned not to delegate certain tasks. For example, I once relied on someone to assist me in some briefing, including reviewing the district court's local rules. The attorney did not read the local rules and the briefing summarily was rejected by the court.
What do you think is currently the biggest challenge facing litigation attorneys? Being an attorney is a rewarding but difficult job. I am sensitive to the many diverse, competing demands on counsel. I am hard-pressed to identify the biggest challenge, but properly applying the rules of evidence during a fast-paced trial is a challenge for us all.
What advice would you offer to female attorneys who aspire to the state or federal judiciary? I would offer the same advice to any attorney, regardless of gender: work hard, stay focused, and respect your colleagues, including, of course, opposing counsel, because you will need that respect returned back to you.
Also, do not underestimate the role of fate. As I walked into my confirmation hearing, ringing in my ears was another prospective judge's comment on how she had arrived at that point, because "the stars aligned over my head." Obviously much more was involved but that comment underscores how much of the process is out of your control. Of course, you increase your chances by developing a record of success.
Which current or former Supreme Court Justice do you most admire, and why? I admire all who commit to this service. I enjoy reading biographies of our Supreme Court Justices and learning about their early influences.