Today’s Tip for Commercial Litigators: Avoid the Temptation To Be Too Casual
Friday, September 27, 2013

For litigators who regularly practice in certain courthouses, it is natural to develop good relationships with judges and courtroom personnel. Familiarity within a courthouse can be a tremendous advantage for a variety of reasons, but there is a risk of an attorney becoming too cavalier.

No doubt, there are opportunities for humor. However, if a lawyer becomes too cavalier, a judge can be placed in an uncomfortable position when ruling on motions, particularly when rulings go against the other side and when there is a transcript of the hearing.

Every judge strives to be fair and impartial. Likewise, no judge wants to be accused of bias, particularly in an appeal brief. Don’t put a judge’s decision making into question by being too casual. As a general rule, err on the side of formality. Your friends on the Bench will appreciate this.

 

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