“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.