Motion Practice: Quit When You're Ahead

A good, and very true, reminder from Legal Blog Watch: "Rule 1: When the Judge Agrees With You, Stop Talking."

Can you believe that some lawyers violate this rule? Most likely, they're not listening.

See below, #3.

Related posts:

1. "Look at the Judge, Not Your Opposing Counsel"

2. "Arguing a Motion Before a Trial Court: Begin at the Beginning"

3. "Motion Hearings: Listening to the Judge"

Comments

[Mitch Jackson]

I see young lawyers feel the need to argue even when the tentative ruling is in their favor or, the judge's comments clearly indicate he/she is going to rule in their direction. A good approach is to state to the judge something like, "You honor, unless the court has any additional questions, plaintiff is in agreement with the court's tentative" or "Is there a particular issue area the court would like further comment on?" Less is more in these types of situations.

Mitch
www.TrialLawyerTips.com
www.JacksonWilson.com