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May 18, 2016 · As Marshall noted, good manners in the face of an abusive judge will, at the very least, make the jury wonder why the judge is treating you unfairly. Similarly, Warin recommended attorneys not “flex” their muscles. Rather, the attorney would do better to find ways to make polite conversation or bring up topics in which the attorney knows ...
- Know The Judge. A lawyer with a firm knowledge of the laws and the rules of court is always full of confidence. But as important as knowing the law and rules is, it is also necessary for lawyers to know the procedure specific to each judge in court.
- Don’t Argue! Advocate! Years of training in the law school in the art of argument make lawyers want to argue on any subject and with everyone. Lawyers should know the difference between advocacy and argument.
- Get Your Points On Record. Most courts are courts of record. The judges and the courts record all proceedings for future reference. The beauty of the judicial system is the existence of the hierarchy of courts.
- Don’t Lose Your Cool. No matter what happens, remember to always be in control of your emotions. Most difficult judges already have their minds made up.
Being well-prepared will allow you to respond effectively to the challenging judicial phenomena discussed below. Judicial questioning (sometimes called interruptions) The complaint is sometimes made (privately, in the gowning room) that the presiding judge did not even “let” counsel make his or her submissions.
Oct 26, 2014 · You must avoid butting heads with this judge (and any judge for that matter). If you try to go toe-to-toe with this judge, then all the judge’s attention will be on the disagreement with you and not on your client’s claims. Do all that you can to stay on track by remaining calm, courteous, and professional.
Apr 25, 2011 · The latest edition of LAWPRO’s webzine has a number of articles specifically for litigators. One of them is an excellent paper from Justice Carole Curtis called Dealing with Difficult Judges. Litigators of all stripes will find helpful reminders and suggestions on such topics as knowing your judge, planning strategy in advance, avoiding ‘head butting’, and […]
Mar 21, 2019 · Here are some tips for dealing with a judge who hates your client: 1. Restrain Yourself. Lawyers like to argue, but that doesn't mean they should argue with the judge. If a judge says something that you think is antagonistic or evidence of bias, remain calm. Despite the attitude expressed by a judge, it's the merits of the case that will almost ...
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Oct 19, 2018 · For retired judge and HLS lecturer Nancy Gertner, “Tough Cases” reveals the challenges judges face and the need for the public to learn about them. The accounts show the judges as human beings talking frankly about the difficulties of the job, including the agony of deciding people’s fates and, in high-profile cases, enduring outside ...
