By United States Magistrate Judge Thérèse Wiley Dancks
It has been the honor of my lifetime to serve the Northern District of New York as a Magistrate Judge since February of 2012. I came to the bench with the mindset that I would never forget what it was like to practice law because I know attorneys, especially litigators and trial attorneys, are pulled in multiple directions every day. I have tried not to forget what that pressure is like, and to give some grace to attorneys practicing before me while balancing the need to keep cases moving. This is not always easy to do when frustrations run high, and I have, at times, failed at this quest. But I’ve learned a few things along the way and so I offer this advice to practitioners as I approach retirement in February.
United States Magistrate Judge Thérèse Wiley Dancks (second from left), with Courtenay McKeon, Michael Sciotti, and Bethany Sciotti, at the FCBA’s annual dinner on December 11, 2025.
Wherever you go, pack your sense of humor and use it. We deal with serious issues, but that doesn’t mean you can’t share a laugh or two with your opponent when you’ve finished a tough meeting. Humor humanizes us. It promotes connection, trust, and authenticity, and it reduces stress. Who doesn’t need a little of all that?
Never take personal “pot shots” at opposing counsel in written and oral arguments or at trial. Be civil. Teach young lawyers about the importance of civility in the practice of law and show them by your example. I read an article several years ago that said “Civility, at its core, encompasses respectful, constructive communication, empathy, and professionalism. It fosters an environment where diverse perspectives can be shared, understood, and debated, leading to better outcomes for clients, colleagues, and society as a whole.” I did not note who wrote that, but I’ve kept the quote on my desk as a reminder because sometimes my alter ego, Judge Cranky Pants, escapes before I can catch her and tone her down. This usually occurs when attorneys are being disrespectful to each other or to the Court, or they have not done what they’ve been ordered to do which brings me to another bit of advice.
Follow the Court’s orders. This should be a no-brainer, yet time and again as I prepared for a proceeding or conference, I’d find a party has not filed a letter brief as directed, or I learned that a simple directive such as “pick up the phone and talk to each other” was not followed. If you’ve ever had a Rule 16 conference with me, then you know that in my book a “good-faith meet-and-confer” means actually speaking to each other. I say that at every Rule 16 conference. Sometimes I issue a text order directing the parties to speak to each other to try to work out their discovery disputes. You get a lot more done that way, and you have a better shot at narrowing the issues and might even resolve them when you pick up the phone to discuss the perceived impropriety of discovery demands or sufficiency of responses. You can always follow up the discussion with a confirming email or letter, but to start a dialogue by sending a “nastygram” by email or letter is not the way to foster constructive communication.
Remember that you can be a good advocate for your client without being a jerk. I have read deposition transcripts related to discovery disputes in various cases and I cannot believe how counsel spoke to each other during a disagreement at the deposition. In the vein of not forgetting what it was like to practice law, I mentally noted that I never practiced law that way and you don’t have to, either. Our work is stressful enough without the added layer of being downright mean to each other.
In Court conferences or at oral arguments, do not interrupt opposing counsel or the Court. Simply stated, it is rude. I always try to circle back to all counsel to see if you have any more to say about the issue under review. Pretty much every judge before whom I ever practiced did the same thing. I also encourage you to do everything possible to be prepared for Court proceedings and do not send an associate who has not spent much time working on the file. That’s not fair to the young attorney, nor is it good for your client. The better practice is to help the rookie lawyer get up to speed and then let them argue the matter with you by their side. New lawyers are so thirsty for Court time. Mentoring ensures continued excellence in our advocacy.
As for electronic devices, I know we are all glued to them at times and they are vital to our work. But unless you are pulling out your cell phone to check your availability when the Court is scheduling the next hearing or deadline, or you are referring to notes or argument points you have on your phone, you should not be scrolling, texting, checking email, or doing anything else on your device during a Court proceeding. Once while I recited my ruling from the bench in a video hearing, one of the lawyers turned their back to the camera, made a call, and began to talk on their cell phone as I was still laying out the reasons for my ruling. The lawyer didn’t even mute themselves. You can bet I stopped in the middle of issuing my ruling and loudly directed the lawyer to hang up and pay attention or they would be promptly sanctioned. Period. Full stop. The lawyer did have the good sense to sheepishly murmur an apology, but from then on I kept a watchful eye on that attorney whenever they appeared in front of me.
I also understand that life can get in the way of work and vice versa. If you must miss a deadline, all it takes is a short letter asking for an extension and indicating why you need it, and get that letter on the docket before the deadline expires. If you missed a deadline and did not ask for an extension in a timely manner but you still need it, fall on the sword and apologize to the Court and opposing counsel. Then explain briefly why you missed it, and why the equities are in your client’s favor for granting it after the fact. Don’t forget you must show good cause for every request that will change the discovery schedule, and in most circumstances this is not a heavy lift. Be familiar not just with the Federal Rules of Civil Procedure and the Federal Criminal Code, but also with the Northern District of New York’s Local Rules for civil and criminal matters. Don’t cut corners either. Remember that the rule of law only works, and justice is served, when lawyers represent their clients zealously and ethically.
I think lawyering is the height of service. Being a judicial officer for 14 years has enhanced that service for me and been my love letter to my community. Remember that common sense, diligence, humility, gratitude, and kindness go a long way in the practice of law (and in life). In doing so, you will earn the trust and respect of your clients, opponents, colleagues, and the Court. Our justice system will be stronger and the public we serve will have more confidence in the rule of law.
Respectfully submitted,
Thérèse Wiley Dancks, USMJ.
Photo by Charles Wainwright