Do lawyers argue with judges?
Asked by: Darrin Herzog Jr. | Last update: November 9, 2025Score: 5/5 (47 votes)
Almost never. However, there may be times when you have to argue with the judge about a pressing issue. I asked several lawyers: “When does something matter enough to argue with the judge about it?” Their responses were interesting. Ohio civil lawyer: “Generally, you aren't going to change the judge's mind.
Are judges more powerful than lawyers?
Lawyers can argue for their client's innocence, negotiate plea deals, and present evidence to sway judges and juries. In civil cases, however, private judges may have more power than lawyers because they can provide a faster and more specialized resolution of disputes.
Do lawyers respect judges?
Lawyers, as officers of the court, are expected to act with deference and respect toward judges. Speaking sharply to or publicly criticizing members of the bench is frowned upon and not infrequently met with punitive responses. The judiciary, however, is not above reproach.
Can a judge overrule a lawyer?
Unlike in movies, attorneys can't just say "objection." They must state the reason for their objection. The judge can either "overrule" or "sustain" the objection.
Do lawyers and judges work together?
In their 1977 book, Felony Justice: An Organizational Analysis of Criminal Courts, James Eisenstein and Herbert Jacob coined the term “courtroom workgroup.” They specifically referred to the cooperative working relationship between prosecutors, defense attorneys, and judges in working together (as opposed to an ...
'THIS IS A SHAM!' Prosecutor Storms Out of Courtroom After Heated Argument with Judge
Who do most lawyers marry?
Many lawyers end up marrying other lawyers due to shared experiences and understanding of the profession's demands. However, successful relationships can occur between lawyers and partners in any profession, as long as there's mutual respect and understanding.
Do lawyers argue in court?
An attorney for each side of a case will have an opportunity to make a presentation to the Court and answer questions posed by the Justices. Prior to the argument, each side has submitted a legal brief—a written legal argument outlining each party's points of law.
Can a judge fire a lawyer?
It's possible, but very unusual. If the attorney is appointed and it's a criminal case, most possible if attorney is being incompetent. If criminal case but defendant has hired counsel, far less likely.
Can a lawyer criticize a judge?
They cannot make criticisms of judges in or out of court that are false or made with reckless disregard for their truth, and in court their criticism must be made in a respectful manner lest they be ensnared in disciplinary charges that they are being discourteous or acting in a manner which reflects on their fitness ...
Can a lawyer yell at a judge?
At that point, the judge should either simply reconsider the dismissal or go forward with it, and would likely give their reasoning for going either way, but shouting my objection at the judge would still be a great way to land myself a contempt of court charge.
What annoys judges?
- When you put yourself in the argument. ...
- Asking the judge if he or she has read the material. ...
- Looking and being casual. ...
- Stop making about on everything. ...
- Being nasty is a case killer.
Is it okay to argue with a judge?
No matter what is said in the courtroom, you should exercise self-control. Don't argue with the opposing party, their attorney, the judge, or Judiciary staff, even if you are upset by your case.
Do judges and lawyers talk?
Lawyers always speak to judges outside the courtroom. However, clients are not present in private discussions with the judge. We discuss anything we want.
Who has more authority than a judge?
Supreme Court Justices
The Supreme Court has appellate jurisdiction over other matters as conferred upon the Supreme Court by various statutes, under the authority given Congress by the Constitution. Learn more about Supreme Court justices.
Do judges hire lawyers?
State court judges and justices also hire law clerks. State supreme court justices and appellate court judges often have at least one law clerk. Some state appellate courts may even have staff attorneys whose job is to assist all of the judges, not just one particular judge.
Who is the most powerful person in a courtroom?
1Prosecutors are the most powerful officials in the American criminal justice system. They control the direction and outcome of all criminal cases, particularly through their charging and plea-bargaining decisions.
What if a judge is unfair?
If a ruling has already been made in your case, and you and your legal representation feel the judge's biases have impacted the decision, you can file an appeal to have the case elevated to a higher court.
Do judges know more than lawyers?
They do not necessarily know all of the statutes and the case law to the extent that the lawyers do. Many people have a perception that Judges reside in an Ivory Tower and know everything there is to know about the law. (I did before I became a lawyer). Not true.
Do lawyers know if the defendant is guilty?
In truth, the defense lawyer almost never really knows whether the defendant is guilty of a charged crime. Just because the defendant says he did it doesn't make it so. The defendant may be lying to take the rap for someone he wants to protect.
Can a judge override a law?
Only four U.S. states have allowed judicial overrides: Alabama, Delaware, Florida, and Indiana. Indiana abolished it in 2002, Florida in 2016, and Alabama in 2017. In 2016, the Delaware Supreme Court declared the state's death penalty law unconstitutional due to the override.
Can a lawyer interrupt a judge?
Judges Expect Lawyers to Show Respect and Deference
Lawyers never call a judge by his or her first name, but instead call the judge “Judge” or “Your Honor.” And while judges may (and do) interrupt lawyers while they speak, lawyers almost never interrupt judges.
Can a judge and lawyer be friends?
“Judges need not disqualify themselves if a lawyer or party is an acquaintance, nor must they disclose acquaintanceships to the other lawyers or parties,” the opinion said.
What type of lawyer argues the most?
Litigators constantly argue orally and in their briefs. But it is not just litigators. Transactional lawyers also utilise arguments in legal opinions, contract negotiations, liaison with regulatory agencies, thought-leadership articles, etc.
Can you argue with a judge?
Whether it is appropriate or wise to argue with a judge may depend heavily on what is at stake for your client. I've worked with lawyers who were within seconds of being put in jail for contempt as a result of arguing with the court. Sometimes, an issue may be just that important.
Do lawyers get nervous in court?
To many of them, the prospect of speaking “off the cuff” makes them anxious. While many trial lawyers are comfortable speaking without notes to a jury, many feel just the opposite when asked to speak publicly.