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Trouble from the bench: what do you do when the judge strikes down all your motions, asks for everything to be provided on paper with one-inch margins, or has a friendly connection with the defense? Here, four lawyers explore how to cope when a judge seems more difficult to handle than the case itself.

Publication: Trial
Publication Date: 01-OCT-07 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
When (not) to pick a fight

A few years ago, I tried a medical malpractice case in a courthouse where I did not know many of the judges. The case involved a delay in diagnosing a spinal abscess, which doomed the patient, my client, to lifelong paraplegia and unrelenting pain. Because she died before the trial, she could not testify about salient conversations with the defendant doctors or explain her actions (notably, smoking and putting on weight), which would be called into question by three capable defense attorneys.

When challenges arose during-jury selection that we couldn't resolve, we were sent to...

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