Lieff Cabraser Civil Justice Blog
Judges Opting for Rapid Self-Education in Complex Cases

Judges Opting for Rapid Self-Education in Complex Cases

The Recorder reveals that in a wide variety of complex cases, judges are rising to the challenges posed by arcane and multiplex underlying factual issues by seeking to rapidly educate themselves about the nuances of various detailed and complex matters. These topics often include matters of science and technology as well as patent and invention strategies. In some instances, judges have taken the unusual step of asking scientists and inventors to make presentations at tech tutorials in an effort to bypass advocacy in pursuit of more straightforward info.

According to Judge Jeremy Fogel, the head of the Federal Judicial Center in Washington DC, “This is a fascinating question because in our adversarial system the lawyers are responsible for presenting the evidence and the argument.” Fogel also added that “some judges… feel like the adversarial process can distract from their ability to digest complex technical issues as parties argue over every little thing and angle to get judges to see things their way.”

Some judges are even employing independent advisers for guidance and tutorials on the technical issues that come with these kinds of cases.

Read the full Recorder (subscription) article here.