JUDGES V LAWYERS: THE ROLLERCOASTER RELATIONSHIP THAT UNDERMINES THE INDEPENDENCE OF THE JUDICIARY. | Bayo Akinlade, Esq.

I have come to conclude that the general unhealthy relationship between judges and lawyers in the course of our professional interactions is one of the major reasons why the judiciary is generally undermined and segregated.

In my response to a post about how badly some judges treat lawyers in open court, I had to share some of my views below. I would like to, however, state that it is my opinion and nothing more. I have experienced hostility from judges/magistrates and I am sure I may have appeared rude and condescending to judges as well, so we all need a reset. 

 

MY VIEWS 

I am an advocate for complete decorum in the courtroom. I always advise counsel that when a judge is insisting, you simply keep your cool and take the hint.

Arguing with a judge is not our training... You don't argue, you advocate in a courtroom. A judge is in charge of the court, a lawyer is a minister in that court serving the cause of justice for both the court and his client.

The confusion with most lawyers is that we think that our first duty is to our clients when they are before a judge... No! A lawyer's duty is to assist the court arrive at a just conclusion of the issues before it, not to misdirect the court in any way, hence, a lawyer's first duty is to meet the ends of justice for ALL involved.

For judges who cannot separate their personality or beliefs from their duty as judges, there are laid down procedures for addressing such issues... A lawyer should never confront a judge in open court but should use the mechanisms available to him to seek redress where such a lawyer feels unjustly treated. 

Whether a judge or lawyer, we are from the same profession. Understand that a judge is merely a public servant who will not always be a judge but will always be a lawyer.

To be a judge is an appointment to serve the public and that service is very vital to the maintenance of law and order."

May I now bring up a burning issue?

Why shouldn't retired judges be allowed to go back to full practice as lawyers or use their skills and experiences to maximize their potential both economically and socially?

We must move past old ideologies and embrace new ideas!

Bayo Akinlade Esq.