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ARTICLE · 02 JUNE 2016

Running Into A Brick Wall, Who Wears A Black Robe: Tips For Trying A Case Before A Hostile Judge

Proskauer Rose LLP
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Proskauer Rose LLP

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For trial lawyers, hostile adversaries are par for the course. But judges are supposed to be irreproachably impartial, right? That is, after all, the very cornerstone of our judicial system.

United StatesLitigation, Mediation & Arbitration

For trial lawyers, hostile adversaries are par for the course. But judges are supposed to be irreproachably impartial, right? That is, after all, the very cornerstone of our judicial system. So when you find yourself trying a case in front of a judge who is openly hostile to your witnesses or your client's case – particularly if you feel the hostility is unwarranted or comes seemingly out of the blue – it can rattle even the most seasoned trial lawyer. And while it can be an incredibly frustrating experience to say the least, you don't have to let it throw you off your game. Below are six tactics to keep in mind when your trial judge clearly, unequivocally, and openly, isn't buying what you're selling:

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