Be nice to the clerks . . . regardless of their mistake.
We recently had some court papers bounce for the wrong reason. Clearly, we are dealing with a clerk who is unaware of certain procedures and laws that apply to cases that are in the stage in which ours is. However, upon refiling our paperwork at the courthouse, I will remember the following, and you should too when something like this happens in one of your cases:
•Approach the clerk humbly
•Do not get up on your legal high horse
•Do not drop your powerful firm’s name in an effort to intimidate the clerk
•Do not behave passive-aggressively
•Point out the error without making it personal
•Be mindful of your cadence and emphasis when you speak
•Quietly wait for him or her to consult with a superior if that’s the route they take
•When and if they discover you are correct, keep that high horse in the barn
•Politely thank them. File your papers. And walk away, because in all likelihood, there will be a next time.
Minimum wage or not, the clerk has the power to get the last laugh. Don’t kid yourself. Things have a way of getting “lost between the cracks” when we paralegals and attorneys act high and mighty. It’s so counterproductive.
