The *&☹★Q!! Factor – the Judge!

You’ve determined that the judge is likely to be an obstacle to reasonable resolution.*  Where it seems to be an ongoing problem, not a single-case situation, a one-on-one, frank discussion with the judge might help.  Obviously you must avoid the issue of ex parte communications.  But you are probably members of the same community, be it large or small.  Court may not be the only place you and the judge interact.  It’s a fact that almost any inter-personal problem can benefit from communication.  For current and future relations this could be the answer.  HOWEVER, consider this comment from a litigator I respect:  I must confess that I do not care for this Tip.  On the occasions where I have had ex parte communication with the judge even where totally unrelated to the subject case, I have received some criticism from the other side.  I prefer to avoid any communications with the judge while he is presiding over one of my cases especially in a non-jury situation.  There is no easy answer to this problem.

*My sincere thanks to the judges and other lawyers who shared their thoughts with me on this very sensitive topic.

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