The Atlanta Lawyer December 2017/January 2018 | Page 13

FROM THE BENCH
From the Bench
Hon. Kimberly A. Gallant
Judge, Magistrate Court of Gwinnett County
In the hustle and bustle business of
litigation, we often don’t take the
time to stop and reassess our prac-
tices. In the spirit of the New Year,
take a minute to reflect upon your
presence in the courtroom and
whether there are things you could
do to be more effective. Here are
some thoughts to get you started:
Look & Listen
When you are presenting your
case to the judge, do you ever look
at him/her? Really look and listen
to what he/she is saying? Ask your-
self if you are being truly present
during your presentation. If you
aren’t, you are missing valuable
clues from the judge. For example,
based on the judge’s questions or
body language, it may be time to
sit down and be quiet. Or, it may
be time to change your strategy
or argument. Have you answered
the judge’s questions or skirted
the issue? Being truly present and
engaging in a dialogue with the
judge can give you a better per-
spective on how your argument is
being perceived and whether you
need to shift gears or strategies.
(BONUS: If you begin a sentence
with, “Well, in ________ County,
they do it this way….,” it is definitely
time to sit down.)
Be Professional Be Prepared
Do you practice the Golden Rule?
In the courtroom, even though
another matter may be being
heard, there are always eyes and
ears watching and listening to you.
Are you professional and respect-
ful to litigants, opposing counsel
and court staff? Do you exhibit
decorum and offer dignity dur-
ing court proceedings (i.e. do you
recognize that the pending matter
is always a big deal to your client)?
Do you extend courtesy when you
can? Being rude and inconsider-
ate can irreparably damage your
credibility and reputation. If you
need to, have a Snickers®. Judges
notice when attorneys are chroni-
cally late, chronically rude, and
chronically unreliable. Have you prepared? You don’t
have to memorize a treatise be-
fore every hearing; however, if
you get knocked off your game
or rhythm, can you recover? Have
you reviewed the elements of the
applicable code sections? When
is the last time you reviewed the
Evidence Code? Do you have a
good working knowledge of the
facts in your case? Have you talked
to your witnesses before calling
them to the stand? Do you have
a copy of documents for both
opposing counsel and the judge?
(It’s hard for the judge to follow
along when everyone except the
judge has the referenced exhibit).
Being prepared is so much more
persuasive than faking it.
As a rule, whenever I ask a self-
represented litigant to speak with
the opposing party’s lawyer before
a hearing, I always tell that litigant
that the lawyer is an officer of this
Court. I promise the litigant that,
as such, the lawyer will treat him/
her with professionalism and re-
spect. I say this not only for the liti-
gant’s benefit, but also as a friendly
reminder to the attorney. I know these tips all seem so sim-
ple. However, you would be sur-
prised how often judges complain
about them. In this day and age,
when people are quick to rush to
rudeness and disrespect, always
remember, the legal system is sup-
posed to remain above it all.
Best wishes for a Happy New Year
and prosperous advocating!
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