Hon. Loren Baily-Schiffman See Rating Details

Supreme Court
Kings (Brooklyn) County
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Attorney Average Rating:   2.7 - 15 rating(s)
Non-Attorney Average Rating:   1.0 - 1 rating(s)
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Only items marked with (*) are averaged into the displayed overall rating.


General Rating Criteria

* Temperament (1=Awful,10=Excellent)
* Scholarship (1=Awful,10=Excellent)
* Industriousness (1=Not at all industrious,10=Highly industrious)
* Ability to Handle Complex Litigation (1=Awful,10=Excellent)
* Punctuality (1=Chronically Late,10=Always on Time)
* General Ability to Handle Pre-Trial Matters (1=Not all Able, 10=Extremely Able)
* General Ability as a Trial Judge (1=Not all Able, 10=Extremely Able)
Flexibility In Scheduling (1=Completely Inflexible,10=Very Flexible)


Criminal Rating Criteria (if applicable)

* Evenhandedness in Criminal Litigation (1=Demonstrates Bias,10=Entirely Evenhanded)
General Inclination Regarding Bail (1=Pro-Defense,10=Pro-Government)
Involvement in Plea Discussions (1=Not at all Involved, 10=Very Involved)
General Inclination in Criminal Cases Pretrial Stage (1=Pro-prosecution,10=Pro-defense)
General Inclination in Criminal Cases Trial Stage (1=Pro-prosecution,10=Pro-defense)
General Inclination in Criminal Cases Sentencing Stage (1=Pro-prosecution,10=Pro-defense)


Civil Rating Criteria (if applicable)

* Evenhandedness in Civil Litigation (1=Not at all Evenhanded,10=Entirely Evenhanded)
Involvement in Settlement Discussions (1=Not at all Involved,10=Very Involved)
General Inclination (1=Pro-defendant, 10=Pro-plaintiff)
Comments




What others have said about Hon. Loren Baily-Schiffman


Comments


Civil Litigation - Private

Comment #: NY6725
Rating:1.0
Comments:
I had a case with Judge Baily-Schiffman, and I echo the MANY sentiments and horror stories repeated by the commentators below. A judge that isn't neutral, that favors one side (unabashedly, overtly pro-plaintiff here) and is actively antagonistic to the other (defense) in front of the jury, often yelling, and even outside of the jury's presence, could be heard mouthing expletives, is a disservice to the judicial system and the litigants that spend lots of hours of hard word and money to litigate before them.

Here is my long list of examples of the horrendous temperament and bias of Judge Baily-Schiffman:

1. Disparate treatment in parties by precluding or limiting defense experts on identical grounds that were present in plaintiff's experts.

2. Overtly aggressive and hostile to the defense and decidedly calm, solicitous and biased in favor of and to plaintiff's counsel.

3. Precluding cross examination of key expert witnesses on the ground that the witness had not reviewed certain records that were available, but that plaintiff's counsel selectively withheld from the expert in forming an opinion.

4. Intermeddling with defense cross, re-posing questions to court's liking (designed to thwart cross and any resulting damage to plaintiff's case) and precluding defense counsel's questions.

5. Making faces, smirking, expressing exasperation at length of defense cross examination (but affording unlimited latitude to plaintiff's direct examination).

I wish I could say the above (and more) results from pure incompetence. Were that the case, with smart litigants, these deficiencies could be corrected over time through application and learning from trial briefs and skilled oral arguments from counsel. Not so here.

Judge Loren-Baily Shiffman is incorrigibly one-sided.

If parties are to get a fair shake, the appropriate body must make a serious inquiry and take some kind of action of accountability.

Other

Comment #: NY6704
Rating:Not Rated
Comments:
Pursuant to the complaints of some very distressed litigants and their counsel we have been reviewing her cases for a while now and it certainly isnt a issue of being a Plaintiff Judge or Defendant/Respondent Judge- she is equally irreverent and offensive to both; the question that needs to be submitted to a reviewing panel is does her comments, outbursts and seeming bias affect her ability to adjudicate fairly for all litigants ?

The assertion that she is a Plaintiff advocate specifically isn't borne out by our review thus far. The presumption would indicate that she has a soft spot for those who initiate suits . Those who initiate suits are the parties who feel that they have been wronged . So the insinuation is that she has a strong sense of Justice and steps forward to enforce it . The question is does she care about Justice at all or does she just go with the party she favors or against the party that she for whatever reason has developed animus towards ?

Does she just pick the side she favors for whatever reason and rule without regard to the law or facts is the proper inquiry.

As an Officer of The Court who has the ability to harm a petitioner or defendant or alternatively set things things right in accordance with the law and equity, this issue is excruciatingly important.

We are hoping that our analysis of her cases, inclusive of her comments , rulings, the appellate record on her cases , and a review of her rulings on pr- trial motions affecting verdicts that we will present will shed the necessary light on the issue so that a proper forum can determine if she lets personal bias usurp and undermine the law and if she routinely abuses her discretion in favor of the party she prefers. Only a neutral third party panel unaffected by the internal dynamics in Kings County (or unaffected as possible) can put the issue to rest.

Civil Litigation - Private

Comment #: NY6608
Rating:2.3
Comments:
I had the misfortune of trying a case before this judge. Its one thing to be biased -- she is very pro -plaintiff -- but she is nasty and disrespectful. She yells and makes faces at the attorney she disfavors both in front of the jury and during her sidebars. She is intellectually dishonest and will flagrantly disregard the law in order to accomplish her objective - which is to give the plaintiff every advantage possible. In my case, her antics backfired --I won, despite her behavior, and when I walked out of her courtroom , the jurors were waiting to speak to me. They were appalled at her conduct and asked me why she was a judge when its obvious she is unfair. Her reputation is well known at the courthouse and it may surprise her to know, that the well regarded, heavy hitter plaintiff's attorneys don't want to be assigned to her because they know an appeal is likely and a reversal is even more likely. She should be removed from the bench.

Civil Litigation - Private

Comment #: NY6497
Rating:1.0
Comments:
this judge is more plaintiff oriented than plaintiff's counsel. law is irrelevant in her court room. when she can't think of a way to hurt defendant she asks plaintiff counsel for help. she screams at defense counsel and tries to belittle the attorney in front of the jury. she clearly has issues with male attorneys. scheduling is a nightmare secondary to her laziness. this person should not be sitting on the bench.

Civil Litigation - Private

Comment #: NY6249
Rating:1.1
Comments:
I wish I had read these comments before adjusting my schedule to accommodate her as our trial judge. She completely disregarded a 2nd Dept decision in our case remanding the case for trial on liability and another judge's decision denying defendant's motion to dismiss for failure to state a cause of action by granting another motion by defendant on the same grounds after plaintiff presented all of his evidence and rested. When I begged her to reserve decision for the sake of judicial economy and to allow the dispositive motion to be decided on proper papers to address the case law she looked up over lunch and relied upon, she scoffed at such a notion because to her the law and facts of this 8 year old negligence case were clear. Also, she represented that she could care less whether she was reversed. The Kings County bench has stooped to new lows. Further, she utterly lacks any judicial temperament. She is imperious and sadistic (she had this big warm grin when she thanked and discharged the jury)and a disgrace to the bench.

Civil Litigation - Private

Comment #: NY5846
Rating:8.3
Comments:
After reading all the negative comments about this judge I was horrified. I went in front of her and lost my motion. She new the case, was familiar with the facts, and her decision was justified even though I did not like it. The judge is abrupt and doesn't stand for nonsense arguments. My take is that there are a lot of thin skinned sour grape attorney cry babies out there. She at least makes a decision and you can always appeal.

Civil Litigation - Private

Comment #: NY5794
Rating:1.0
Comments:
She is just terrible. One of must bias unfair judges to take the bench. Its shocking that she is up to be moved to the Supreme Court from Civil. The Brooklyn Courts have sunk to new lows!

Litigant

Comment #: NY5109
Rating:Not Rated
Comments:
I had the unfortunate experience of appearing before this judge in an Article 78 proceeding. The matter came before this judge for an in forma pauperis application. I was unable to pay my court fees because the OCSE had levied my bank account, effectively rendering me penniless. I was seeking justice in the form of an injunction, and this so-called judge denied me relief, despite all of the bank records, tax returns, and unemployment records indicating that I was below the federal poverty guidelines. I guess she believes justice is only for the rich. (To be honest, I wouldn't even rate her at one star, but there is nothing lower.)

Civil Litigation - Private

Comment #: NY5076
Rating:1.1
Comments:
Judge Baily-Schiffman is wholly unsuited for the bench. She is disrespectful to counsel and witnesses, bellicose, unprofessional, and prone to frequent outbursts. She is unaware or willfully ignorant of simple rules of procedure and evidence. She makes faces and heaves dramatic sighs from the bench in response to testimony, in a manner befitting an ill-behaved four-year-old acting school dropout. Her prejudice against, and contempt for, corporations, as well as their counsel, is not only palpable but, in fact, explicitly stated from the bench. As if that weren't enough, I have yet to appear in her courtroom for a 9:30am motion (or other matter) and have her show up before 10:15am. Her repeated lateness, at least in my own experience, is second only to that of a certain judge in Queens. She is flagrantly unsuited to wear the robe, and is an embarrassing representative for the judiciary.

Civil Litigation - Private

Comment #: NY5003
Rating:Not Rated
Comments:
We will be blogging about her with all the pertinent verifiable information. More to come -- stay tuned!

Civil Litigation - Private

Comment #: NY4937
Rating:9.3
Comments:
Sorry folks, I've dealt with this judge in guardianship matters and find her excellent. She knows the law and quickly gets who cares for the Alleged Incapacitated Person (AIP) and who is a greedy family member who only cares about the money. She is very compassionate and understanding to the AIP and the family members. One of the very few judges who actually answers her phone. She is tops in my book.

Civil Litigation - Private

Comment #: NY4897
Rating:2.0
Comments:
This judge is rude, abrupt, and has no judicial temperament, and should not be a judge.

Civil Litigation - Private

Comment #: NY3877
Rating:1.3
Comments:
She was reversed (and a jury trial set aside) for refusing to allow defense counsel to poll the jury. What else needs to be said, other then she is nasty, anti-defendant, makes rulings based on her personal animus to anyone not related to a plaintiff, and has absolutely zero respectable judicial temperament.

Civil Litigation - Private

Comment #: NY3860
Rating:4.5
Comments:
Tried a case before her in 2010. Obviously not a legal scholar, but not the worst either. Courteous. I was plaintiff and I think she was leaning toward plaintiff, but not so much to be a problem. Gave a fair shake to defendant.

Civil Litigation - Private

Comment #: NY3815
Rating:1.0
Comments:
Yes, I have to concur with the other statements. This judge is simply biased and a fair trial is irrelevant. She deserves to be ranked as one of the ten worst in NYS.

Civil Litigation - Private

Comment #: NY3343
Rating:1.3
Comments:
In the entirety of my career, this was far and away the worst judge I have ever appeared before. The was biased, ignorant of the law, blatantly assisted the respondents, made continual rulings that were contrary to law, but perhaps the most outrageous of all was her courtroom demeanor which generally involved in verbal attacks, shouting and temper tantrums. It is a shock to me that she is allowed to remain on the bench, as she is capable of causing great harm to the litigants, to say nothing of disgracing the judiciary and the court system in general.

Other

Comment #: NY3209
Rating:Not Rated
Comments:
An absolute imbecile when it comes to the law and proper behavior in a courtroom. Extremely biased, almost seems like she bases her decisions on doing the opposite of logic and justice. It is very scary that she is allowed on the bench.

Other

Comment #: NY1809
Rating:1.0
Comments:
Biased to such an extent as to be unethical

Criminal Defense Lawyer

Comment #: NY1716
Rating:1.6
Comments:
In 13 years of litigation in over 15 different states, this judge was the worst I ever had the experience of being in front of. Not only did she have a complete (and admitted) lack of understanding of the substantive area of law, but she had a frightenly horrible lack of understanding of BASIC evidence rules (such as not knowing that "basis for action" comments are NOT hearsay to begin with). She blatantly refused to follow binding precedent on the grounds that she thought the 2d Dept. decided a case wrong, telling us that if we did not like it, then we could just "appeal her." She personally insulted one of our witnesses while he was sitting in the witness box (thankfully, outside the presence of the jury) and repeatedly made visual "comments" about our evidence in front of the jury. She made objections for the other attorney and even offered suggestions to him as to a theory that could be supported by our evidence. I could go on and on about her inappropriate behavior but simply don't have the time. We did not lose the case, so my comments here are not merely sour grapes.

Criminal Defense Lawyer

Comment #: NY299
Rating:Not Rated
Comments:
Dead people show more ability than this judge.