Nov 04, 2019 Walking on the judges’ path to persuade- Fairfax DUI lawyer weighs in
Walking on the judge’s path when persuading- Fairfax DUI lawyer’s view on this approach
Walking on the judge’s path in working to persuade the bench can be very effective in advocating for a criminal defendant or any other litigant. As a Fairfax DUI lawyer, I have benefitted greatly from this approach.
I have blogged many times about dealing with challenging judges, jurors and prosecutors, focusing at such considerations as always looking at our own actions; and always persevering with powerful calmness and understanding. (Of course, nothing about needing to understand and empathize with judges precludes lawyers from taking action over judges who violate their judicial oaths.)
Today, I focus on persuading judges by understanding and walking on their path.
Walking on the judge’s path helps keep a criminal or DUI lawyer’s persuasion up to snuff
The trial judge and the rest of us each are walking on a life path, each having come from different experiences, backgrounds, viewpoints and biases, and each with a vision of where we would like to proceed. Crossroads arise at various points on that path, along with backsteps and boomeranging, and the thrills of victory and agonies of defeat.
Proceeding on the judge’s path is a form of psychodrama and taijiquan
When a lawyer is effectively walking on a judge’s path, the lawyer is pursuing a form of psychodrama and taijiquan engagement rooted in powerful calmness and quick wits. This approach is not about kowtowing to a judge nor about losing sight of the big picture of the case. This is about visualizing and understanding where the judge is coming from and headed, so that the lawyer can contribute to the judge’s proceeding in a direction favorable for the defense.
While walking on the judge’s path, the lawyer can see a judge’s barking not as something to get angry at, but as an opportunity to sift gold dust from the harshness of the words coming from the bench, and as a way to work to refocus the judge on what the criminal defense lawyer needs to persuade the judge.
While walking on the judge’s path, if the judge urges with his or her question that the judge’s view is right and not the DWI / criminal defense lawyer, the lawyer can reply: “I disagree, your honor, because…..” If the judge incorrectly insists that the lawyer omitted a critical item in his or her motion, the lawyer can politely reference the judge to the page on which that item is in fact contained, rather than making any complaint about the judge’s erroneous assertion.
None of this talk about walking on the judge’s path is about anything touchy-feely as opposed to being part of the true essence of powerfully persuading the bench.
Fairfax DUI lawyer Jonathan L. Katz pursues your best defense against felony, misdemeanor and DUI prosecutions. To schedule a free in-person consultation with Jon Katz to confidentially discuss your pending criminal court case, please call his staff at 703-383-1100 to schedule a confidential consultation.