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Handling a Tough Judge.


Ok, so you and your client are set to go to trial and you get the word: you've drawn the "judge from hell" - one of those jurists The following lists are of prominent jurists, including judges, listed in alphabetical order by jurisdiction. See also list of lawyers. Antiquity
  • Hammurabi
  • Solomon
  • Manu
  • Chanakya
 who takes a dim view of cases like the one you're about to try.

Now what do you do?

One choice, of course, is to just settle before the judge rips the, case to shreds. But that isn't always an option. And it isn't always necessary. If an attorney plays his or her cards right, there still are ways to come up a winner.

First off, just because a judge has been assigned to preside at the trial doesn't mean it's fixed in stone. Each attorney has the right of one peremptory challenge The right to challenge a juror without assigning, or being required to assign, a reason for the challenge.

During the selection of a jury, both parties to the proceeding may challenge prospective jurors for a lack of impartiality, known as a challenge for cause.
 to a judge for each case, just like an attorney during voir dire can remove a prospective juror juror n. any person who actually serves on a jury. Lists of potential jurors are chosen from various sources such as registered voters, automobile registration or telephone directories.  with no questions asked. File the peremptory challenge and voila voi·là  
interj.
Used to call attention to or express satisfaction with a thing shown or accomplished: Mix the ingredients, chill, and
, the judge from hell is gone.

But that may not be the wisest move. For one thing, attorneys can use only one peremptory challenge for each case.

"Before using a peremptory challenge, you want to make sure that it really counts," said one local attorney, who, like many interviewed for this story, did not want to be identified. "If you know that it's going to be a long case and that it might get transferred, you don't want to waste the challenge on removing a judge who might not have actually gotten to rule on your case anyway."

Then there's the long-term impact. Peremptory challenges are not secret; when judges find out, they may be predisposed to rule against that particular lawyer on a future case, when he or she has no escape.

"Judges do not like to be peremptoried out," one source said.

A judge can also be removed "for cause," by demonstrating that he or she has some conflict or prejudice that could interfere with objectivity; But these kinds of challenges are fairly rare and often do not succeed.

So, if a lawyer gets stuck with the judge from hell, legal experts suggest a number of strategies.

First and foremost, lawyers must hold their ground on the essential points of the case, because a judge's final ruling can frequently be appealed:

"If you know you are dealing with a judge that's, going to be completely against you, then you have to begin thinking about an appeal," said John McDermott, a partner with the downtown L.A. law office of Howrey & Simon. "You must make sure during the course of the trial that you have compiled a record to support that appeal. Hopefully, the judge will make some sort of mistake that can be appealed."

There also may be times when lawyers feel they need to change a judge's ruling on the spot, before the case goes any further; For example, a judge could decide not to. allow a videotape or other piece of evidence the attorney believes is crucial to the outcome of the case. The attorney could appeal that ruling to a higher court and seek an immediate overturning of the judge's, decision (this process is referred to as seeking a writ).

But as with a peremptory peremptory adj. absolute, final and not entitled to delay or reconsideration. The term is applied to writs, juror challenges or a date set for hearing.


PEREMPTORY. Absolute; positive. A final determination to act without hope of renewing or altering.
, this may not exactly endear en·dear  
tr.v. en·deared, en·dear·ing, en·dears
To make beloved or very sympathetic: a couple whose kindness endeared them to friends.
 the lawyer to the judge, so the experts say this should only be done when it really can make or break a case.

As for more minor points, the experts agree: acquiesce to the judge and "grin and bear it Grin and Bear It is a daily panel comic strip created by George Lichtenstein under the penname George Lichty. It has been syndicated from 1932 through 1940, and from 1942 through to today. ." That applies even if the judge is simply being ornery or·ner·y  
adj. or·ner·i·er, or·ner·i·est
Mean-spirited, disagreeable, and contrary in disposition; cantankerous.



[Alteration of ordinary.
 or obnoxious.

"On minor points, it's best just to let it slide," said Greg Long, a partner with the law firm of Sheppard, Mullin, Richter & Hampton LLP LLP - Lower Layer Protocol .
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Article Details
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Author:Fine, Howard
Publication:Los Angeles Business Journal
Article Type:Brief Article
Geographic Code:1USA
Date:Feb 7, 2000
Words:610
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