Civil Trial Law Specialist, Personal Injury Trial Law Specialist by the Texas Board of Legal Specialization, and Civil Trial Specialist by the National Board of Trial Advocacy. at Schmidt & Clark
Answered 2 years ago
When it comes to navigating tricky judges or arbitrators, it's all about understanding their preferences and temperament. You see, every judge or arbitrator has their own unique style and quirks, so it's crucial to adapt accordingly. For instance, if you're dealing with a no-nonsense judge who prefers concise arguments, you want to keep it short and to the point. On the other hand, if you're facing a more analytical arbitrator, you might need to delve into the nitty-gritty details of your case. One key strategy I often employ is to do my homework beforehand. I research the judge or arbitrator's past rulings and read up on any articles or opinions they've written. This gives me valuable insights into their legal philosophy and helps me tailor my arguments to resonate with them. Another important aspect is maintaining a professional demeanor at all times. Even if the judge or arbitrator is being particularly challenging, it's crucial to remain calm, respectful, and composed. I always make sure to listen carefully to their questions or concerns and address them thoughtfully. Building rapport and showing that you're willing to engage in a constructive dialogue can go a long way in winning them over.
I don't particularly change it, but I try to always follow the rules of effective communication: At all times know your audience. Read social cues. Stop talking when a judge starts talking. Listen. Make eye contact. Stand tall
"Always have a plan B"--is some advice that has served me well. You've got to not only prepare for the hearing, argument, etc. that you think is coming--the most likely one--but also the others. The ones you don't think are coming. Sometimes, it's listening more that speaking. Other times, it's the tone the argument. Nonetheless, think deeply about the phrase "be prepared" ask yourself what it really means to be prepared. Ask yourself, "when this goes sideways, how will I deal with it?" Finally, make sure you know what the judge wants. If it's wearing a tie, wear the tie. If it's filing your judgment before the hearing, file the judgment. Don't create opportunity for an issue to creep up, instead try to eliminate it.