November 30, 2023


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How Can a Personal Injury Lawyer Deal with a Difficult Judge?

Personal Injury Lawyer

Personal Injury Lawyer

Personal Injury Lawyer marketing: Personal injuries can take place anywhere, no matter how vigilant you are. And if you’re one of the victims of a personal injury, you shouldn’t be the one suffering from the emotional, physical, financial, and psychological stress as it wasn’t your fault in the first place. Usually, the defendant’s insurance company should offer you a fair settlement but most of the time this is not the case. Therefore, if you’re a resident of Bergen County, getting a dedicated and professional personal injury lawyer in Bergen County, NJ can help you get the right amount you deserve instead of the ones who take on cases just to make money.

However, at times, the defendant’s party insurance company may not agree to pay you the complete settlement amount or may decline entirely. That’s when your personal injury lawyer will assist you to take your case to the court along with all the pieces of evidence.

Although it’s hard to find a competent personal injury attorney as you don’t want to waste your valuable time and resources on them, some of the lawyers may themselves refuse to take your case because of the following reasons:

They may not specialize in a particular field.

Personal injury cases involve a broaderfield of niches such as medical malpractice, premises liability, wrongful death, motor vehicle accident, and more. If they aren’t an expert in the field that you want them to work on, they will reject rather than compromise on the quality of their work.

A losing case. Whatever makes your case weak, such as putting off medical treatments, shared fault, etc.

You’re past the “deadline”. Some cases can’t be appealed for in court after their statutory deadline has passed.

The lawyer is short of resources. If your case is really complicated, extremely time-consuming or it requires the attorney to spend six figures, it may hinder the attorney from taking on your case.      

cost outweighs the benefits.

The cost outweighs the benefits. A cost-benefit analysis can help the lawyer make the right decision which will be in the interest of you both. If a lawyer calculates that the cost of this case will be more than the benefit or settlement amount you will get, they will refuse to proceed further. 

Although all of these reasons listed above will automatically make the personal injury attorney move away from your case, there may be times where they will be facing some other difficulties while pursuing your lawsuit. One of the main difficulties being a “difficult” judge.

A judge that is highly specialized in their field with several years of expertise is usually tough and complicated to handle. An attorney may have to deal with different kinds of judges and the best attorney knows how to handle each one of them.

However, a lawyer that takes the following things into consideration while dealing with a difficult judge will make sure you win your case without any hardships. Read below! 

An Attorney Should Make a Background Check

If a lawyer knows what infuriates a judge or what they dislike, it will help the attorney to proceed the hearing smoothly and efficiently. It is the lawyer’s responsibility to research well about the judge they are going to deal with.

For instance, they can ask their fellow lawyers who have been working with this judge previously to enlighten them with the judge’s idiosyncrasies. A lawyer can even watch the video clips of the same judge or attend their court sessions to assess the way they conduct a hearing. The registrars and clerks can also help to give them some insights related to the judge.

All of this is going to help an attorney to set the right pace and direction of the sessions without causing any troubles.

The Lawyer Should Stay Calm

Even if the judge tries to make a lawyer furious, the lawyer should be professional enough to not react and respond to them in a wrongful manner. This is simply going to put the lawyer’s reputation and the client’s case at stake.

A lawyer should always remain calm in all situations and even if they feel anxious for some reason, they should try not to show it as it may be interpreted as something else in the court.

Never Compromise on Manners

A lawyer is supposed to advocate, not argue with the judge. If the judge is being difficult, this shouldn’t allow a competent lawyer to lose their cool and ultimately misbehave. A judge will find it hard to give the attorney a tough time as long as they are being courteous.

If a lawyer finds something wrong with the judge’s ruling, it’s okay to disagree with them but it must be done extremely politely and respectfully.

Using words like “your honor”, being well-prepared with all necessary documents before the start of the session, and taking consent before handing them the essential papers on their desk can all exude esteem and regard for the judge.

The Lawyer Should Steer Clear of Petty Disputes

A lawyer with a good eye for judgment can tell when it’s necessary to speak up and when it’s better to keep their mouth shut. The hearing session may take some unexpected turns that will urge the lawyer to “argue”, that’s when the lawyer should analyze if it’s worth arguing over.

A petty dispute can’t make a case successful however it can significantly diminish the chances of winning a case. Therefore, by ignoring unimportant issues or petty disputes, a personal injury lawyer will not only increase their goodwill in the eyes of the judge and jury but will also ensure the chances of a successful case are not being compromised in any way.

The Client Should Be Well-Prepared Too

Last but not the least, it’s not always about the lawyer. The client should also cooperate with the lawyer, judge, and jury in order to make the settlement victorious.

If a client doesn’t show cooperation and respectful behavior, both the lawyer and client will face the music later on. It’s the responsibility of a lawyer to teach their client’s court ethics and instruct them to not show anxious or ignorant behavior as it can trigger the judge and have adverse consequences on the case.

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