After I made my plea at a hearing, the outcome of the case remains uncertain for a while.

You cannot tell from the judge; judges are like sphinxes in that respect. They rarely show how the arguments fall; you often only read that in the verdict. This is another reason why it was fascinating for me as a lawyer to watch the latest series of TV interviews of "Looking into the soul: the judge". A great opportunity to let the judges' thoughts and motivations have a good impact on me.

It was clear from the series that there is a clear tension between reason and intuition among judges. This is evident, for example, from statements such as : "Intuition determines how people stand in their rational deliberations"(Diemer); "It is never an excuse that you say you followed the law"(Visser); "When you read a file you already have a picture of the case, it's as simple as that. You don't go to the hearing unbiased"(Moors), " I don't know if you can avoid tunnel vision,"(Van Rens)."

These rulings confirm that justice is human work. This also means that impartial justice cannot be taken for granted. Judges apparently not infrequently have to get over certain prejudices before coming to a decision. However, this will not always be easy, and it will happen that reasoning from intuition will lead to an ultimately rational decision. But what if that intuition has led the judge astray? A judicial error or miscarriage of justice may result.

In any case, the judge's intuition is a factor in the process that the lawyer should consider in his preparation. His presentation, as well as that of the client, can guide the judge in his assessment. Whether a story is convincing may partly depend on how naturally it is presented. After all, judges are more likely to associate an unaffected story with a sincere argument than a forced one. Even the care of the pleading can help. As can the choice of supporters in the room and the way that support is expressed from the gallery. So numerous details can make the difference between winning and losing. All the more reason to also find the legal profession particularly fascinating.

Mr. D.M. Penn