Chapter 8 - 8.3 Conduct Of The Court That Embarrasses Counsel

• Jurisdiction: Virginia

8.3 CONDUCT OF THE COURT THAT EMBARRASSES COUNSEL⁷

Any conduct of the court that embarrasses counsel in the presence of the jury and potentially taints their opinion of the attorney's integrity and credibility may deny the client a fair trial.

An example of this type of conduct can be found in Alexander v. Willard.⁸ The judge in that case moved from the bench into the jury box and assumed an aggressive role in questioning the child plaintiff about the traffic accident, interrupting counsel's direct examination, and even directing...