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Hearing tip: don’t be browbeaten by the judge


You are finally at your hearing.  The judge, wearing black robes, turns to you and asks:

“You last worked in 2003, right?”

It’s the “Dirty Harry” moment! You try to remember.  

Was it 2003?  Maybe it was 2004?  Or 2005?  Well, if the judge thinks it was 2003, it must have been 2003.

“Yes, judge. I last worked in 2003.”

Bzzt!  Wrong answer!

Do not guess the answer to the judge’s question; and do not accept the what the judge tells you about your history if you do not remember the answer yourself.  

Why? While the judge is not trying to suggest the wrong answer, the judge may be hearing between 7 – 14 cases that day.  There is a reasonable chance that the judge may get something wrong about the facts of your case.  If you accept the judge’s answer, and it is wrong, it may be very difficult to walk back your answer and still preserve your credibility.

It is fine to disagree with the judge if you know the suggested answer is wrong.  If you do not know, or if you cannot remember during the stress of the hearing, it is also perfectly acceptable to say, “I don’t remember.” But, do not guess.  

Your lawyer should have a summary of all of the critical facts and dates in your case.  If the issue is important enough, your lawyer can jog your memory with leading questions or refer to exhibits in your file which answer the judge’s question.

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