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In a recent interview, Federal District Court Judge James Holderman provides a good perspective on dealing with difficult judges in trial. Judge Holderman’s experience includes many years of trial work as a private attorney prior to his appointment as a Federal Judge.
Let me start by saying the truly difficult judge has been a rare experience in my practice. Most judges at the jury trial and appellate levels where I practice are dedicated to reaching a fair and just decision. However, as Judge Holderman notes:
Judges are people and subject to the same prejudices, pressures, human problems, flaws, and frailties, which we all have.
Even the best judge can have a bad day that impacts his ability. Judge Holderman describes the specific types of difficult judges he encountered while a trial attorney. His list of types is spot-on. The article is a good read for lawyers representing clients in personal injury and damage cases who want to improve their trial practice.
The interview provides some common sense advice to attorneys. At least, I believe the advice to be common sense. Unfortunately, I have seen too many attorneys act differently. Here is the advice with my commentary:
Whether lack of desire or lack of experience, too many attorneys fail to deal properly with difficult judges. This is a necessary skill for the successful trial lawyer.