Hear From the
SCD President

Public confidence in our Judiciary is absolutely essential. As lawyers we must encourage and maintain the public’s trust in our Judiciary. When talking to clients, inferring or stating that the Judge did not give them a fair hearing is the worst thing we can do. It can undermine the community’s faith in our system and in our Judges. Our Judges’ commitment to impartiality is a cornerstone of our Judiciary, and the public’s perception that they will receive a fair hearing is crucial. Our Judges at all levels spend the time needed to handle each case with impartiality, and to give litigants a fair opportunity to present their claims or defenses. Sure, we all get results we disagree with, and sometimes we think the Judge made the wrong decision. But lawyers know there are processes to challenge adverse outcomes. As lawyers we can professionally tell our clients that we disagree with the Court’s decision, and that we will pursue remedial options. But too often over the years I have seen attorneys who did not prevail in the courtroom telling their clients in the public hallways or on sidewalks outside the courthouse that “the Judge didn’t even listen to our side,” or “the Judge didn’t read what we submitted,” or perhaps the worst comment of all - “the Judge was biased.” Our Judges work hard to make informed decisions in motions or cases. Of course we may disagree with their analysis or conclusions, because our job is to advocate for our client. Lawyers know the law is rarely absolute, and that much is left to the discretion of the Court, but clients and the public don’t. In one case a key issue during a settlement conference was whom would appear on the verdict form. We were certain what the result should be under a particular statute as we understood it. The Court disagreed, and indicated a different result would occur, and explained why. Rather than telling the clients we got a “bad” or “unfair” decision, we immediately researched the Court’s basis and interpretation. We concluded that the Court was correct, and that the “popular” interpretation of a particular statute was wrong. We could then explain to our clients what the Court’s decision was, why, and what impact it would have on the case. This helped the parties resolve the case. As lawyers we have confidence that the matters we bring to the Courts will be fairly handled and decided. Our clients need that confidence as well. And more people than ever represent themselves in court now, thanks to the resources available to them online. We need every member of the public to believe that they will get a fair hearing in court, and that if they win or if they lose, it was because of the law, and not because a Judge was unfair to them. Without that trust, our system falls apart. We all need to do what we can to maintain the public’s faith and respect regarding our judicial system.