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Tag: jaded

Do judges sometimes feel overburdened by the responsibilities of their job?

Yes, and for good reason. First, let me be unusually but sincerely candid: many judges and many of the actions that judges take disappoint me. There are some excellent judges on the bench who are clearly skilled in the law and know how to apply it accurately, justly, and equitably. Would that all judges lived up to this standard. But not all judges do. I mention this so that the context of my answer to your question is clear.

Being a judge is, in my opinion, mostly a thankless job. Sure, there are some obvious perks to being a judge, including, but not limited to, a good salary, state and federal holidays off, most judges receive a generous pension when they retire, the prestige of being called “Your Honor,” but the burdens of being a judge are in some ways unimaginable. Can you conceive of sentencing someone to life in prison or death? Or even sentencing someone to 5 to 10 years in prison when you’re not certain of his or her guilt? Can you imagine what it must be like to spend your work week, week after week, hearing hundreds of stories of lying, cheating, robbing, destroying property, assaulting, raping and murdering? It all takes an inevitable toll on even the strongest of people. Those judges who do the best they can and do the job well day after day, year-over-year deserve not only our respect, but our sympathy, our thanks, and support.

All that stated, there are clearly some judges who are not cut out for the job and need to quit. Some need to quit because they are not competent as judges. Some need to quit because, while they might have been up to the demands of the job in the beginning, they aren’t anymore. Some need to quit before they become so jaded that they cannot give the job and the people who come before them the attention both the job–and the cases they hear and decide–deserve.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Do-judges-sometimes-feel-overburdened-by-the-responsibilities-of-their-job/answer/Eric-Johnson-311?prompt_topic_bio=1

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Are older lawyers better?

Are older lawyers better?

If by “older” you mean lawyers who are not fresh out of law school, the answer is: almost always yes.

They don’t teach you how to practice law in law school, they teach you how to read, research, understand, and interpret the law in law school. Law schools are getting better at providing more “clinical” experiences to law students, but law students fresh out of law school typically don’t know how to draft pleadings, prepare a case, negotiate a good settlement, and argue a case in court. I didn’t when I passed the bar. I had to learn all that through “on the job training”.

Some law students get clerkships or internships during law school that do a superb job of showing these student the ropes, so that by the time they pass the bar they have one or two years’ real-world experience in the practice of law. And some other law students are just so naturally talented and driven and autodidactic that they take to learning the practice of law like a duck takes to water.

Some say that attorneys need about 5-7 years in full-time practice before they really know what they are doing. I think that’s a good rule of thumb. Don’t pass over the less experienced prodigies if you can find them, however (and finding them will take some effort on your part). Exceptional newbies are the best value because they’re skilled yet priced lower than attorneys who have been in practice longer (notice my choice of words here: “been in practice longer” is not synonymous with “more experienced”; simply having a law license year over year doesn’t make you a skilled lawyer, so find out how active an attorney is before choosing on the basis of how long he/she got his/her law license. An attorney who has been licensed for 15 years and has no clients isn’t likely a good choice).

If by “older” you mean lawyers who are a few years short of retirement or death, then the answer is: almost always no. As with many activities, the effective practice of law is not for the old and infirm. If you don’t have the stamina to do the reading and writing and court appearances, you’re almost surely going to lose the case. Attorneys who are so old they’re forgetting details are not going to do your case any favors. Moreover, a lot of very old attorneys get jaded or complacent, lacking that fire in the belly that they need to have to motivate them to do their best work. They start coasting on their “experience,” letting their paralegal and office staff handle more and more of a case, rather than putting in the work your case needs to succeed.

Utah Family Law, LC | divorceutah.com | 801-466-9277

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How do I fight a DUI without a lawyer?

How do I fight a DUI without a lawyer?

You don’t. Too much at stake. Too hard to do on your own. I’m a lawyer (a divorce and family law attorney), and although I don’t drink, if I were charged with DUI (even if I knew I was innocent), I wouldn’t try to defend myself without the help of a skilled and experienced criminal defense attorney who knows DUI law and defense backward and forward.

It’s a shame that lawyers are so expensive. I get it. But a DUI can cripple you for years, even for life, sometimes. You have to defend yourself hard because no one else in the system will go to bat for you. The prosecutors and judge aren’t interested in your story (they’ve heard them all and they’re jaded beyond belief).

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/How-do-I-fight-a-DUI-without-a-lawyer/answer/Eric-Johnson-311?prompt_topic_bio=1

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If I start crying in court, will that help my case?

If I start crying in court, will that help my case?

This is a good question. An old and frequently asked question, but still a good question.

The answer is: maybe, but I wouldn’t risk it. Why?

Four reasons:

1) Lying is wrong. I hate lying, insincerity, weasel words, and B.S. Family law cases are awash in all of it. Judges know this. They witness it every day. Every single day without respite. They come to expect to be lied to. They thus often believe they’re being lied to even when you’re telling them them the truth. They can’t be blamed for feeling this way. If anyone believes that lying his/her way to success in court is a winning formula, then he/she deserves to lose, and I hope he/she does lose. Lying in court ruins it for everyone who is telling the truth.

2) Sometimes crying works, sometimes it doesn’t. It depends on your “audience”. Some judges are just plain suckers for the weeping and the waterworks. They subscribe to the “Never apologize for showing feeling. When you do so, you apologize for the truth” (Benjamin Disraeli) school of thought. Other judges take offense at crying, feeling as though you are trying to exploit their emotions, to play upon their sympathy. These are the judges who see crying the way Jean Giraudoux did (“The secret of success is sincerity. Once you can fake that you’ve got it made.”

Yes, sometimes crying works, but most of the time everyone in the room sees it—clearly and unequivocally—for what it is: fake. Most crying in family law court is fake (not all, but most). Therefore, even if you show genuine emotion in court, odds are that the court will believe you’re faking it. Crying is a gamble with worse than even odds. Even if your emotion is genuine, odds are your judge will perceive it as feigned. Don’t cry in court, if you can help it.

3) Most people aren’t convincing actors, and their staged crying is pretty easy to spot. Not a judge on earth likes being manipulated or played, so when confronted with crying, they err on the side of disbelief. I rarely see crying work in court.

4) If self-interest, rather than truth, is your guiding principle, then don’t fake the crying because the odds of success are too slim to warrant the risk.

Utah Family Law, LC | divorceutah.com | 801-466-9277

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