If you've been in a Rhode Island Family court either for a Rhode Island divorce proceeding or other family law matter and you've been represented by a Rhode Island attorney then you most likely have seen the attorneys go into the judge's chambers on more than a few occasions to discuss your case.
This can, and often is, very frustrating for clients because they want to witness first-hand everything that goes on in their case. To the uninformed client it can appear fairly suspicious and cause considerable nervousness because they don't know what is being said about them, their case, their assets, their responsibilities, etc. . . . . all behind closed doors.
I can certainly understand the concerns of these clients. Here they are sitting in the courtroom, waiting to be heard . . expecting to be heard . . . and waiting as the moments tick by so that they can say something . . . . ANYTHING . . . to make sure their side of the story is heard by the Rhode Island family court judge assigned to their divorce case.
No doubt, as clients sit in the gallery (a more respectable term than the church type pews that line most of the state court rooms) waiting for their attorneys to come back from the mysterious "chambers" of the judge, they conjure in their minds various images of what may be taking place in the judge's chambers based upon everything from their attorney's demeanor that morning, to the size of the briefcase the other attorney may be carrying in comparison to their own counsel.
So is there a purpose to these "backroom" gatherings that clients worry about? Or, is it merely a way to keep the client's mouth shut and bill a few hours for the attorney?
As a Rhode Island attorney focusing my law practice in the area of Rhode Island Divorce and Family law, I can tell you with certainty that these questions are not merely a creation of my own mind. These are, in fact, questions that are routinely tossed my way by clients, by spectators and by arm chair lawyers that want to second guess their attorneys who may well be in with the judge at the time they choose to try to pick my brain, "free of charge", while they sit and wait to find out what fate may befall them on that particular day.
The long and the short of it, is that conferences between counsel and the judge on Rhode Island Divorce and Family Law Cases are in some instances mandatory, such as Case Management Conferences and Pre-trial Conferences, and are, in other instances, necessary to move the court's docket.
Practicality must be a weighing factor here for all concerned, litigants, attorneys and judges. Every year the state courts are overflowing with divorces, custody cases, domestic abuse matters, etc... There are, in fact, many judges who sacrifice their own personal time and convenience (thanklessly I might add) in order to hear additional matters that wouldn't otherwise be heard if the judges didn't go beyond the scope of what they are simply expected or required to do on a daily basis.
Many Rhode Island Divorce and family court judges deserve a pat on the back or round of applause for what they do for the constituents of Rhode Island and those that become subject to the Rhode Island family court system. It is unfortunate that the public itself rarely sees the things the judiciary do for them from the bench and it is rare, if ever, that good servants of the people go unrewarded and unappreciated.
Though we all have our good and bad days, I believe it is worth noting one particular week in which I observed Magistrate Jeanne Shepard who at the time was sitting in the Providence Family Court hearing nominal proceedings, miscellaneous proceedings and protection from abuse matters. I appeared in the magistrate's courtroom three times in the same particular week. That week and the timing of cases was particularly hectic to my schedule and many other practitioners as the case calendar was very heavy with limited time for each matter. Though Magistrate Shepard's voice was "short" at times with both pro se individuals and counsel alike, she endeavored to hear each person in turn, was attentive as each person presented their case, limited testimony to the extent of the rules of evidence and what was appropriate . . . and most significantly on two of the occasions she required her clerk, her stenographic court assistant and her courtroom sheriff to delay their lunches for nearly an hour on two separate occasions to help accommodate people who had been waiting to be heard that morning and to help attorneys rework their schedules so that not only her docket but other court dockets could move forward. Though not appearing to be an exuberant gesture to to anyone, it was a thoughtful and selfless act that was not within any requirement she had. It was well worth the slight rebuke I received when I endeavored to bring testimony before the court that was only tangentially related to the case matter.
The point is simply this. Conferences are a part of the Rhode Island Divorce and family court process. By and large conferences are much quicker than full hearings requiring movement within the courtroom, swearing in, the formalities of entering exhibits, cross-examination, redirect examination, offers of proof and objections that may go on endlessly if counsel is not particularly adept at asking questions within the boundaries of each and every evidentiary exception. Conferences, generally speaking, can save the client considerable time and money as well since conferences are designed to expedite the process.
There are both pros and cons to conferences that clients should be well aware of. Conferences will rely upon the advocacy skill of your lawyer in an informal setting. Hearings rely upon the advocacy skill of your lawyer in a formalized and possibly highly regimented courtroom proceeding in which a judge may hold your attorney to the letter of the law as to argument, testimony and evidence. Thus, information that your attorney might be able to convey that is favorable to you in the course of a chamber's conference with a judge may not be admissible at all in a formal courtroom hearing. If this were the case, valuable information that YOU consider evidence and want presented at a "hearing" on the record . . . may never be heard or even considered by the judge even though your attorney may make an offer of proof as to that information which the court may consider.
No one can expect nor predict if the results of a chambers agreement would, or even might, mirror the outcome after a hearing. Yet there are significant benefits to chambers conferences for clients and it is best to discuss those benefits with your attorney in determining what stance you would like him or her to take. Practicalities are a concern both with timing, court docket, scheduling, and the monies and time necessary to achieve the result you want in the manner in which you want it.
What goes on behind closed doors? Agreeable resolutions with the candor of individuals who usually know the system, appreciate the practicalities, keep the client's concern's and legal interests foremost in mind and want you to be able to move forward to a better tomorrow.
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This article is for informational purposes only and is not legal advice. You should not take legal action without legal advice from a licensed practitioner who has been fully informed about your specific circumstances.
The Rhode Island Supreme Court licenses all attorneys in the general practice of law and has no procedure for recognition of specialties.
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