The Troublesome Judge
How to Handle Them
Sometimes it isn’t the evidence, the jury, or even your client that is deterring you from victory, but the judge who seems focused on disagreeing with you. This often times can’t be helped, even though judges are supposed to remain impartial mediators they are still human and feel strongly about some subjects this can allow their prejudices and idiosyncrasies to cloud their ability to be impartial. Sometimes this can put you on the opposite end of the judges favor and you cant let yourself be dissuaded from representing your client the best you can. In order to assist as much as we can we have compiled a few tips to help deal with the judge who may be dead set against you:
Hold Your Ground
Many successful lawyers have the reputation for being tough and stubborn, not backing down to any challenge. There is definitely a lesson here; knowing when to hold your ground is extremely useful and can result in positive results for both you and your client. That is what the entire legal case boils down to, you doing what is best for your client. Dont allow yourself to be forced to accept an outcome if it isn’t the best for your client.
Know When To Let It Go
Although it’s important to hold your ground in some occasions, it’s also important to know when to make a strategic concession. After all, it may actually be in your client’s best interest to accept a loss on minor issues in order to maintain the judge or jury’s goodwill for more important matters. By remaining calm and collected you’ll be better able to analyze whether a given issue is worth the fight. – Source
Being able to perceive everything going on in the courtroom as well as see things from another parties point of view is an exceptionally useful skill and without the presence of mind which comes with staying calm you can easily slip up and begin to miss crucial details that might be able to be reversed or used in your favor. A huge part of every conflict is the mental battle which goes on. If it helps, imagine a game of basketball, and how a competitor trash talking can throw you off your game, a courtroom is albeit less physical but decidedly more mental. You cannot afford to allow someone to cloud your mind or dull your intellect.