I recently tried a commercial dispute where the judge expressed a negative view of my client's case at the outset.
She seemed predisposed in favor of my adversary. This was frustrating because I felt confident my clients had been wronged and had meritorious claims.
How should you react in these circumstances? There are three things you should do and three things that you not should do:
What You Should Do
1. Present yourself in a respectful manner to the judge and your adversary.
2. Concede points where appropriate.
3. Be on time to court and be prepared. Do not create any new sources of friction.
What You Should Not Do
1. You should not communicate any frustration or dissatisfaction with the Judge. Be careful about the tone of your voice and your body language.
2. You should not interrupt the judge, particularly to contend that the Judge has erred.
3. Do not make overreaching or aggressive arguments. If the judge has a negative view of your case, weak arguments will reinforce her perception.
In the case I described above, I retained a respectful and deferential tone. The case was tried before the same judge who was initially skeptical of our claims, and we won. The judge did not allow a negative first impression to infect his decision-making. He decided the case based upon the witnesses and exhibits that he considered.
Judges deal with a lot more cases than lawyers do. Sometimes they come to a first impression that is not their last impression. It is important that you do not aggravate the situation. By maintaining a respectful tone and appearance before the court you will better serve your client.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.