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ARTICLE · 14 JANUARY 2015

What Do You Do If The Judge Does Not Like Your Case

Fox Rothschild LLP
Fox Rothschild LLP
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I recently tried a commercial dispute where the judge expressed a negative view of my client’s case at the outset.

United StatesLitigation, Mediation & Arbitration

I recently tried a commercial dispute where the judge expressed a negative view of my client's case at the outset.

She seemed predisposed in favor of my adversary. This was frustrating because I felt confident my clients had been wronged and had meritorious claims.

How should you react in these circumstances? There are three things you should do and three things that you not should do:

What You Should Do

1. Present yourself in a respectful manner to the judge and your adversary.

2. Concede points where appropriate.

3. Be on time to court and be prepared. Do not create any new sources of friction.

What You Should Not Do

1. You should not communicate any frustration or dissatisfaction with the Judge. Be careful about the tone of your voice and your body language.

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