Navigating the Courtroom: Strategies for Dealing with Difficult Judges from a King’s Counsel’s Perspective.

In mid-2022, I had the pleasure of being invited by my good friend S. Saravana Kumar from RDS Partnership (Rosli Dahlan and Saravana Partnership) to deliver a talk to their pupils and young lawyers on how to deal with difficult judges from the perspective of a Queen’s Counsel (King’s Counsel).

As trial advocates, we already grapple with the formidable tasks of managing clients, contending with opponents, and navigating last-minute case listings. The last thing we need when we step into the courtroom is the added burden of dealing with a difficult judge.

Facing a difficult judge in court can be a daunting experience for any lawyer. Judges hold significant authority and their demeanour and decisions can profoundly impact the outcome of a case. However, understanding the types of difficult judges you might encounter and employing effective strategies to deal with each can help mitigate the challenges and lead to more favourable courtroom experiences.

To extend the reach of this advice, I have condensed my two-hour presentation into this article, aimed at assisting young lawyers who will inevitably encounter challenging judges in their practice. This guide reflects the key points from my talk, and I hope it serves as a valuable resource for pupils and young lawyers in their legal journey.

Types of Difficult Judges and How to Handle Them

1. The Overly Authoritative Judge

This type of judge exerts their authority with an iron fist, often interrupting proceedings and making unilateral decisions without allowing adequate input from lawyers.

How to Handle:

·??????? Respect and Deference:

Always address the judge with utmost respect and acknowledge their authority. Phrases like "As Your Honour pleases" can show deference.

·??????? Preparation: Be thoroughly prepared with all your facts and legal arguments. The more prepared you are, the less likely you are to be caught off-guard.

·??????? Conciseness: Keep your arguments concise and to the point. This shows respect for the judge’s time and authority.

2. The Impatient Judge

An impatient judge values time and efficiency, often rushing proceedings and showing frustration with lengthy arguments or delays.

How to Handle:

·??????? Brevity: Present your case as succinctly as possible. Focus on the key points and avoid unnecessary elaboration.

·??????? Pacing: Be mindful of the judge’s signals. If they appear restless, speed up your presentation while ensuring you cover the essentials.

·??????? Organisation: Have all your documents and exhibits well-organised for quick access to avoid wasting time.

3. The Unpredictable Judge

This judge’s behaviour and rulings are inconsistent, making it difficult to anticipate how they will respond to arguments or evidence.

How to Handle:

·??????? Flexibility: Be prepared to adapt your strategy on the fly. Having multiple approaches to your argument can help you pivot as needed.

·??????? Observation: Pay close attention to the judge’s reactions and body language. This can provide clues on how to adjust your presentation.

·??????? Consistency: Maintain a consistent and professional demeanour, regardless of the judge’s unpredictability. This reinforces your credibility and reliability.

4. The Passive Judge

A passive judge takes a backseat during proceedings, offering little guidance or intervention, which can lead to a lack of clarity and direction in the courtroom.

How to Handle:

·??????? Initiative: Take the initiative to guide the proceedings by clearly stating your arguments and the relevance of each piece of evidence.

·??????? Clarity: Ensure your arguments are clear and well-structured. Explicitly outline what you seek from the court at each stage.

·??????? Questions: Politely ask the judge for clarification or rulings when necessary. For example, “Your Honour, may I request a ruling on this point?”

5. The Biased Judge

A biased judge appears to favour one side over the other, whether consciously or unconsciously, which can skew the fairness of the trial.

How to Handle:

·??????? Objectivity: Maintain an objective and professional demeanour at all times. Avoid showing frustration or anger.

·??????? Record Keeping: Meticulously document any instances of apparent bias. This can be useful if an appeal becomes necessary.

·??????? Legal Recourse: If bias is severe and impacts the fairness of the trial, consider making an application for the judge to recuse themselves or appeal based on judicial misconduct.

?General Strategies for Dealing with Difficult Judges

·??????? Professionalism: Regardless of the judge’s demeanour, always remain professional. This enhances your credibility and can positively influence the judge’s perception of you.

·??????? Patience: Difficult judges can test your patience. Stay calm and composed, as losing your temper can undermine your case.

·??????? Communication: Effective communication is key. Speak clearly, use respectful language, and ensure your arguments are logical and well-supported.

·??????? In the United Kingdom, counsel, solicitors, litigants in person, or members of the public can lodge a complaint online via the Judicial Conduct Investigation Office (JCIO) website. If dissatisfied with the handling of the complaint, you can request the Judicial Appointments and Conduct Ombudsman (JACO) to review the process.

·??????? Support: Seek advice from colleagues who have appeared before the same judge. They may offer valuable insights and strategies specific to that judge.

??Conclusion

?Encountering difficult judges is an inevitable part of legal practice. By identifying the type of difficult judge, you are dealing with and employing tailored strategies to address their behaviour, you can navigate these challenging situations more effectively.

?Maintaining professionalism, patience, and preparation will not only help you manage difficult judges but also reinforce your reputation as a competent and respectful advocate.