The Case for Judges with Practical Legal Experience

If I've said it once, I've said it a million times, with few exceptions,Judges who have never practiced law are nightmares on the bench.
It makes perfect sense that if you have never practiced law you can't possibly understand what the attorneys advocating before you are dealing with legally or realistically with regard to their clients. It is not enough that the judge knows or even learns the law. He or she must be aware of the practicality involved in representing clients and the difficulty in dealing with a client and an adversary. Judges who have never practiced do not understand that a lawyer is really not earning a living while they cool their heels in a court room waiting for a judge to take the bench. Lawyers who are successful are usually busy at their office meeting with clients and a judge who earns a paycheck by merely showing up can not always appreciate the time constraints on a practitioner.

More importantly a judge who has never sat in a room with an adversary and his client in an attempt to negotiate a settlement is in no position to pass judgement on those who toil away in an attempt to avoid a trial. Once again I have been witness to a judge becoming very angry and agitated over the fact that the parties were attempting to negotiate a settlement instead of trying a case. The judge instead of being thrilled that the parties were attempting to settle the matter without judicial input became quite abusive and insistent that the matter conclude immediately. This of course leads to hasty decision making, sloppy paperwork and clients with lots of regrets.

The better approach of course would be to assist the attorneys by giving them some insight with regard to how the rulings would go if put to the bench and give them the time and leeway they need to facilitate a through settlement agreement that all parties sign on to with confidence. It isn't necessary that the parties be completely happy, no one ever is in these cases, but at least the agreement should be solid and enforceable.

A judge who has been in the trenches can appreciate the value of two attorneys working to settle a case. It doesn't take a master litigator to try a basic matrimonial case, but it does take a knowledgeable attorney to settle a matter without the need for theatrics and costly litigation.