Any advice for dealing with difficult judges? Obviously I don’t expect judge to agree with me on everything, but a few of them just make me want to pull my hair out.

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Agree with Patent Works but before you start building the appeal record ( which the trial judge will notice and not appreciate) it’s worth trying to figure out why the judge is does what the judge does and how to get him or her to comer around. Contrary to popular belief, judges are people too. As such they have motivations and emotions. Before you scoff consider this anecdote. I’m a commercial trial lawyer who spends most of my time keeping the world safe for unjustly accused multinational corporations. But I also have done a number of impact public interest cases. In one such case some young lawyers were getting crushed in an environmental case by a very conservative 70 year old judge who was notorious for being brutal on greenies. I was asked to help right the ship. I had tried several cases before him and knew he was an old school westerner who hated elite easterners trying to tell westerners what to do. We repositioned the case so it fit his worldview. Voila, he wrote a dispositive opinion brutalizing a conservative, pro-business, anti-regulation government initiative and enthusiastically siding entirely with a bunch of tree huggers. It doesn’t always work but the essence of trial practice is figuring out how to move people. Usually it’s the facts, properly positioned. More often than not if you take the time to think deeply and research your subject and target audience, you can figure out how to move even the most jaded, infuriating judge. If not, then go to war, provoke and preserve as many material errors as you can, and then take your best shot on appeal.

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Focus on creating a record for appeal. This includes requesting clarification of orders, and if possible, the court’s legal basis. Not only will this help you to always maintain your decorum and respect for the bench, but you will also be advocating your best for your client. Getting pist at a judge is going to get you nowhere, will cloud your judgement, and not help your client. If you are in a jurisdiction where you can paper a judge, then consider that as a possible escape hatch. Just know that you could end up before a worse judge. I worked as a PD for a year, so I especially respect and applaud your courage. I recall having incredible colleagues that helped me talk through injustice. I also met other private defenders in the court room that became my mentors and life long friends. Hopefully you find other people that you can talk to. As a PD you are always fighting an uphill battle, so stay as positive as you can. Don’t forget that you are your client’s only hope for due process. Stay proud of your efforts!

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