TALE NO. 10. You will have your Day of Humiliation

If your client is the defendant in the civil case heard in the afternoon by a judge who presides over misdemeanor cases in the morning, your client will very likely be presumed guilty. The case in point was a property damage case arising out of a motor vehicle accident, where the judge awarded to the plaintiff not only the cost of repair of the property, but also the diminished value of the vehicle, and costs.

 In another case where both parties adamantly refused to settle, at the pre-trial conference the judge denied all the defense motions in limine, without consideration of the merits – and told defense counsel that the case would have to settle. Since the case was not such as would justify an appeal, the parties settled –on terms virtually dictated by counsel for plaintiff