The Judge Hates Us... Now What?
Sterling Miller
CEO, Three-Time General Counsel, Author, Keynote Speaker - currently CEO & Senior Counsel at Hilgers Graben PLLC.
If you have been involved in enough litigation there will come a time when you are in court and it's pretty clear that the judge does not like your company. I have been there and while it's usually not clear what exactly your company did to earn his/her ire, you do know that the sickening feeling in your stomach will not get better if something doesn't change. And soon. Here is a great article setting out some things you should (should not) do when the judge is overtly hostile and you start to feel like the Stark family at the "Red Wedding." Click here to read the article. From the article:
- Resist the Urge to Engage: It should go without saying, but fighting with the judge is always a bad idea. That is a battle the trial lawyer will lose every time. It’s like a nun fighting a ninja. That’s not to say that one shouldn’t vigorously and forcefully argue one’s case, and make every effort to convince the judge that your client’s position should win the day. That is a trial lawyer’s job. But that type of advocacy is very different from taking a judge to task for exhibiting hostility toward your client or your case. And while some criminal defense lawyers have been known to pick a fight with a hostile judge as a strategic move to try to get the judge to make a mistake, on the civil side you will do yourself and your client a grave disservice if you go to war with the judge, even if, in the moment, you think it would make you or your client “feel better” about the injustice you are suffering.
What you really want in a judge is someone who will call it fairly, down the middle. That's not always what you get, in the USA or elsewhere. Preparing for the possibility of a hostile judge should be part of the planning process heading into any litigation. See also my legal blog, "Ten Things You Need to Know as In-House Counsel" and my post on explaining litigation to the Board and the CEO.
Senior-Advocate at PIONEER LAW ASSOCIATES PRIVATE LIMITED
8 年This is good article for litigant lawyer. who are litigant lawyer, S/he always attention for subject matter and aware how to convince the Judges. Sometimes, Fighting to Judges is harms for win the case.
Of Counsel
8 年I read the full article and having been in that unfortunate position think the advice in the article is helpful. I have found that the position of the judge frequently has less to do with the client and more to do with thinking the case should settle. If you attempt to settle the case and the other side is the problem, sometimes the judge becomes less hostile toward your client and your positions.
(818) 383-5759 - Managing Counsel at LA Real Estate Law Group
8 年I have been in that situation before, and it is very challenging. Sometimes the judge does not like your client, and other times the judge does not like your client's position or conduct in the case. Early in the case, the judge may take a position about a client or a client's position, and sometimes that is cemented throughout the whole case. All you can do is argue your points vigorously, give the judge favorable options, and don't make it personal. NB.
Trusted counsel to executives and boards of public and private equity owned companies with global footprints across diverse industries.
8 年Now what? Better Call Trump.