Houston Insurance Defense Lawyer & Attorney : McCormick Hancock Newton Law Firm : Defense Counsel and Civil Trial Lawyers : Serving Harris County, South Texas, Gulf Coast

Last week the First Court of Appeals in Houston issued a writ of mandamus directing the judge in the BP case to withdraw her order allowing for the live broadcast of the BP trial.   www.1stcoa.courts.state.tx.us/opinions/htmlopinion.asp  Here is a link to the opinion.   Although the issue is moot at this point because of the settlement of the entire case, the current rules make it difficult for a civil trial in Texas to be televised. Photographing and broadcasting of court proceedings is governed by Rule of Civil Procedure 18c, which provides:

A trial court may permit broadcasting, televising, recording, or photographing of proceedings in the courtroom only in the following circumstances:

(a) in accordance with guidelines promulgated by the Supreme Court for civil cases, or

(b) when broadcasting, televising, recording, or photographing will not unduly distract participants or impair the dignity of the proceedings and the parties have consented, and consent to being depicted or recorded is obtained from each witness whose testimony will be broadcast, televised, or photographed, or

(c) the broadcasting, televising, recording, or photographing of investiture, or ceremonial proceedings.

Because there are currently no guidelines provided by the Supreme Court for the broadcasting of civil trials, section (b) provides the only basis under which a trial may be broadcast.  This provision requires the consent of both parties.  In addition, it requires that each witness who is to be photographed or broadcast must also give consent.   Under these rules, it is virtually impossible to broadcast civil cases unless local rules have been adopted and approved by the Supreme Court that change these conditions.  In Harris County, such local rules have been adopted and approved. These rules allow the trial judge broad discretion to allow the broadast of a civil trial.  A link to the Electronic Media Local Rules of Harris County can be found here.  www.justex.net/courts/civil/ElectronicMediaRules.aspx

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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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