Dealing with the Difficult Judge
To follow up on my recent post regarding Judicial Hellholes, one of the criteria for being a judicial hellhole is “strong ties between the judges and plaintiff’s lawyers.” Reading this it occurs to me that at some point in their career every trial lawyer must deal with a difficult judge. In my case, this has occurred many times over the last 20 years. Although, not as prevalent today, I have often had to deal with a judge that had a cozy relationship with opposing counsel. Here are some thoughts on how to handle the judge who always rules against you no matter what.
1. Don’t whine about it. I have often seen lawyers who are having a difficult time with a judge whine about it to anyone who will listen, including the Court and opposing counsel. Don’t do it. It does no good. It hurts your credibility with the other lawyer and Court. It also tends to encourage the disparate treatment.
2. Always dot your “I’s” and cross your “T’s”. This is important. When dealing with a difficult judge, make sure that your work is significantly better than that of the other side. You must also never put yourself or your client in a position where you need a favor from the Court. Instead, be one step ahead of the other lawyer and the Court. It may not make any difference in your treatment in this case, but in the next case it might.
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