One of the defining features of the Commercial List is the Court’s willingness to actively case-manage complex matters. Counsel can obtain relatively quick access to a judge — whether through a 9:30 appointment or a longer case conference — and judges are prepared to both broker solutions and, where necessary, decide procedural disputes.
Used well, this access is a powerful strategic tool. Used poorly, it wastes time and erodes credibility.
How should counsel use case management effectively? The following are 10 principles that tend to distinguish productive use of the system from wasted appearances.
- Respect the Court’s time. Make sure the scope of your request at a case management attendance is commensurate with the amount of time available. You should use a 15-minute attendance at a 9:30 appointment only for scheduling matters or consent matters. More complicated issues belong in a full case conference. Trying to squeeze a substantive dispute into a 15-minute slot risks
