Some judges, of course, combine numerous challenging qualities in one oversized ego. Developing a coherent strategy In a case in which the judge s personality or style is anticipated to be an impediment to establishing counsel s theory of the case, one way to look at this problem is to identify it as an additional element of how one goes about establishing the theory of the case. That is, counsel is well-advised to consider the problem of the judge in the context of all of the other legal, factual and emotional themes and circumstances of the case. The objective is then to coordinate one s strategy of dealing with the judge with one s overall strategy in the case. Taking into account the individual variations in circumstances, there are still a number of general rules, presented with strained alliteration, for preparing to cope with a difficult judge.
Preparation is preparation is preparation . . .
Whether the trial judge is perceived as likely to be easy or difficult to appear before, be prepared, which means knowing more about the facts and law of the case than anyone else in the world. Don t let a judge s adverse rulings get you off track. To the contrary, try to use your ability to remain calm and on-target as a disarming element of your presentation. You are taking the long view, making your record and moving on with the case. If the judge is trying to intimidate you or beat you into complacency, don t let it happen.