Litigation Is Not a Battle, It's an Expedition, Says Justice Lambden

Timothy Kowal, Esq.
October 31, 2022

“Are you one of them liberal judges?” someone once asked Justice Lambden. Calling himself a “process judge,” Justice Lambden responded, “Well, if Congress passed a liberal law, I’d enforce it. If it passed a conservative law, then I’d enforce that.” Still, most judges want to get the “right result.”

What does this mean for litigators? Recognizing that most cases really should settle, courts are encouraging more collaborative processes to put cases in a settlement posture. Attorneys should recognize that litigation is an expedition, not a battle.

Watch the clip here.

This is a clip from episode 51 of the California Appellate Law Podcast. Listen to the full episode here.

Tim Kowal helps trial attorneys and clients win their cases and avoid error on appeal. He co-hosts the Cal. Appellate Law Podcast at, and publishes a newsletter of appellate tips for trial attorneys at His appellate practice covers all of California's appellate districts and throughout the Ninth Circuit, with appellate attorneys in offices in Orange County and Monterey County. Contact Tim at or (714) 641-1232.

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