Author: Ruth Roberts

It’s been a very long time since I was in law school, and the pearls of wisdom from most of my professors have been lost in the mists of time. But there is one Golden Rule, passed down from generation to generation of criminal lawyers; discussed in the law lounges and coffee shops; tossed back and forth through emails:

Know Thy Judge.

When we discuss our cases with colleagues, plan our strategy, discuss our options, a crucial part of the process is the answer to the question: “who is the Judge?” It’s an essential element of case preparation. When you know who your judge is, you know if they like succinct submissions, or if they prefer long discussions about the law. You know if they are likely to ask the witnesses questions, or interrupt submissions. You know how to tell when they are interested in a point you are making, or when it’s time to move on. You also know the warning signs, when it’s time be graceful and be quiet.

Judges are appointed after a rigorous screening process. The appointments are apolitical, and have generally been excellent. In my many years at the Bar I have rarely, if ever, seen indications of a political agenda in comments or rulings made by the Judges in front of whom I have appeared. It is one of the many advantages of having Judges appointed, not elected. They owe nothing to the fickle winds of shifting political landscapes. They are there to listen to evidence, and make their findings based on that. I may, and often do, disagree with a ruling, but I usually understand and respect the way it was reached.

Every Judge has their own style. Some are quiet, focused only on the task in front of them. Others are jocular and informal, engaging people in the Court in conversations. Some are strictly formal and demanding. When you know your Judge, you can adapt your style to the setting. Sometimes, in the close calls, that can make a difference. And it can make a difference to how the accused and witnesses feel about the process. When someone feels respected by a Judge, they are far more likely to respect and accept the outcome of the case.

When I was a law student I had the extraordinary privilege of being accepted into the Criminal Intensive Program at Osgood Hall Law School. For one amazing semester, I studied nothing but criminal law. I worked at the Law Clinic; and for four days of every week, I shadowed Judges at Old City Hall Courts in Toronto. It is impossible to overestimate how much I learned from that experience. One of the Judges gave me advice I follow to this day: “give me a reason to give you what you want.”

When you know your Judge, it becomes easier to do that. And this is where local knowledge can be a game changer.

At a seminar I attended, a Judge said that before going into Court he reviews the docket for the day, and asks about the counsel who will be appearing in front of him. “And then I know exactly how my day is going to be.”

Same for us, Your Honour, same for us!