Judges are sworn to uphold the law and to be fair, neutral and unbiased. Have you ever walked away from a decision, however, of a judge and scratched your head wondering how the judge came to such a conclusion? We all agree that we want our judges to be rational when making the big life changing decisions associated with a family law case—such as custody, child support, spousal support, division of property, etc. What, however, makes a judge rational. Is it following the law? Is it responding to emotion? Is it weighing risks and options?
We start from the premise that no decision that is made about future events can be 100% accurate. I think we all agree that even for the easiest of decisions we cannot be 100% certain. There is always some probability of something going astray or wrong. Thus, when we consider the rationality of a judge, we too must consider that the judge’s decision can be rational without being 100% accurate. Thus, the goal of a rational judge would be to make decisions that reduce uncertainty in the context of the risks involved.
Uncertainty is the lack of complete certainty (ie: the existence of more than one possibility). Risk, on the other hand, is where the uncertainty involves the possibility of a loss. Therefore, we look to measurements that reduce the uncertainty in the context of the risks. There are various ways in which to measure the rationality of the judge.
The most popular measurement, which I submit 99% of lawyers use, is the experiential method. This is where an attorney relies on their experience and observation to measure the rationality of the judge. This is flawed in so many ways. For example consider how the attorney him/herself is biased towards the judge. Consider the limitations of the particular experience as well. I urge consideration of other methods for determining the rationality of the judge.
Our firm takes a unique approach called Divorcenomics. An approach that measures the rationality of the judge based on the measurable inputs that impact on the decision the judge must make. Thus, in addition to the legal arguments we raise we provide a quantifiable result that allows the judge to have yet another sense of assurance in the effectiveness of the decision. Our approach is unique. Our approach is proprietary. Our approach gives quantifiable results. If you would like to learn more about our unique approach to family law cases contact us at info@JusticeLegalGroup.com or call us at 505-880-8737