Tips from the Bench: Judge Danna W. Nicholas on Facts, Patience, and the Power of “Yet”
Tips from the Bench: Judge Danna W. Nicholas on Facts, Patience, and the Power of “Yet”
California Western School of Law Graduate
When Superior Court Judge Danna W. Nicholas addresses new lawyers her message blends rigor, practicality, and humanity. Appointed to the San Diego County Superior Court in 2023 after more than two decades in public defense, prosecution, municipal law, and civil litigation, she knows how lawyers can thrive before a judge and better serve their clients.
Her first piece of advice: Ground everything in facts and common sense.
“When making difficult discretionary rulings,” she says, “I apply facts and common sense to the law.” She illustrates with a simple test of credibility: “If I had a grape, and I said it was the size of a plum, questions pertaining to the taste, smell, [and] the exterior of the grape… should be asked to determine the credibility of the statement.”
The point is clear: don’t just assert, prove. Be ready to answer the questions a careful judge will ask, and make sure your evidence can stand up to that kind of scrutiny.
Second, respect the dignity of everyone in the process.
Judge Nicholas greets every attorney, litigant, and witness with a good morning or good afternoon because, as she puts it, “treat people how you want to be treated.” That’s more than civility; it’s strategic. A calm, respectful courtroom increases the likelihood that cases will proceed smoothly and clients will feel heard. She uses aromatherapy, plants and candy, in her courtroom to reduce intimidation, and help people feel safe enough to focus on the matter at hand.
Third, communicate so you are understood.
Judge Nicholas avoids legalese and explains rulings “as much as practical” in plain English, especially for self-represented litigants. For lawyers, that means stripping out jargon when clarity matters, and making sure your client can actually follow the advice you’re giving them. Accessibility of language, she stresses, is as much a professional responsibility as knowing the law.
Fourth, be patient, adapt, and recognize individual needs.
Her background as a mental health attorney and parenting a son with Asperger’s taught her the value of slowing down. “Allow extra time for someone to process a question,” she counsels, and avoid repeating a question unnecessarily. In practice, this means reading the room and adjusting your pace so you are working with — not against — the way the other person processes information.
Fifth, embrace tools that improve fairness and access, but don’t let them replace preparation.
Judge Nicholas uses Microsoft Teams to make hearings safer and more accessible, especially in sensitive cases such as domestic violence, but reminds that technology doesn’t lower the bar for professionalism. “Being a lawyer is magical because we get to use words to help people for a living, and words have power,” she says. “Use this power for good.”
Finally, remember the stakes. Every ruling, and every appearance, matters.
Her most vivid reminder came not from the bench, but from her own childhood. Her father, wrongly accused of a serious crime, was acquitted only because a judge granted a continuance that gave the defense time to find video footage proving his innocence. “The thought of how that process changed my family — and how it could have turned out — is mind-blowing,” she recalls. It’s why she treats every decision, large or small, as life-changing for the people involved.
Looking back, her personal advice to herself, and to every new lawyer, is about mindset: “Take more chances and don’t be afraid to step off your plan.” Quoting Theodore Roosevelt, she adds:
“Success is not final. Failure is not fatal.”
And when you hit a wall?
“Reframe ‘I can’t do that’ into ‘I can’t do that yet.’”
For Judge Nicholas, the lessons are simple but enduring: come prepared with provable facts, treat everyone with respect, make yourself understood, practice patience, use tools wisely, and remember that what you do today may shape someone’s view of the justice system for the rest of their life.
California Western School of Law graduate Lin Nguyen navigates the intersection of law and humanity at Dreher Law Firm, applying Judge Nicholas’s philosophy: combine empathy with precision, ground advocacy in facts, and foster growth by meeting challenges with patience and respect.
