I'm in the midst of preparing another client for trial. It occurred to me that we spend a lot of time preparing clients for trial, but not a whole lot of effort is expended on a first court appearance. Even though the first court appearance is usually one of low importance, good habits take time to create. Here are my top ten for a first court appearance:
1. Be half an hour EARLY for court. Unlike those of us here in the Trenches, most clients have never been to the courthouse. It takes time to find parking, walk to the courthouse, and pass through security. Every courthouse has security, and there's usually a line.
2. Wear appropriate clothing. I used to tell clients to wear what they would to church - then I ran by my local church on a Sunday. Now I say to wear business casual. For men, that means at least nice slacks and a collared shirt. For women, that means slacks or a skirt and a top that your mom would want you to wear, or a dress. Do NOT wear shorts, jeans, slogan shirts, or anything that bares the belly or has tears. Men, don't wear sandals. Women, nothing too tight or low cut.
3. Once you enter the courthouse, go to the television monitors in the lobby. Your case will be listed on the monitors, along with the name of the Judge or Master and the location of the courtroom. Go to that courtroom.
4. In every courtroom there are two or three people about whom you should be aware. Most folks know there is a Judge or Master. There is also a courtroom clerk, who makes sure the recording devices are turned on and working, checks people in, provides and enters the dates for court hearings, and marks exhibits. There may also be a sheriff or bailiff to keep the order. These last two people say almost nothing in the courtroom, but they are still important.
5. When the Judge or Master enters the courtroom, stand up. Remain standing until you are told to sit..
6. Until your case is called, you sit in the gallery of the courtroom. You sit QUIETLY while you wait. This is not a time to talk to your lawyer or your neighbor. If you need to talk, step outside.
7. When your case is called, come up to the tables in front of the Judge. The Plaintiff sits at one table with his/her lawyer, and the Defendant and his/her lawyer sit at the other. Don't worry: if you have a lawyer, they'll tell you where to go. Otherwise, the tables are usually marked.
8. When you come up to the table, remain standing until you are told to sit. If you have to speak to the Judge or Master for any reason, stand up to do so unless you are told otherwise. Always refer to the Judge or Master as "Your Honor."
9. If you have a lawyer, don't speak to the Judge or Master unless they specifically ask you to do so. Your lawyer speaks for you in the courtroom. Never argue with the Judge or Master.
10. Use your best kindergarten manners. Don't interrupt. Don't yell. Do speak up, and speak clearly. Bring the documents the scheduling order asked you to bring. Bring your calendar.
Follow these ten rules; your lawyer and the Judge or Master will thank you. Here in the Trenches.
This post really clarifies the whole process of preparing for a court appearance. Court proceedings can be very stressful in and of themselves. For a lot of us, myself included, that means that we're likely to forget all the things that the lawyer has already briefed us on. These short bulleted points are a great go-to during such a time of duress. Thanks.
ReplyDeleteJonah Navarrete @ FloridaDefense
These are very helpful tips, especially the tip about encouraging clients to dress appropriately. No one like to believe that clothing choices, along with personal grooming habits, effects how they are perceived, nevertheless, these things do make a difference. Clients who don't own an appropriate outfit should visit a thrift shop for low-cost clothing to wear to court.
ReplyDeleteKim Hunter @ K Hunter Law
One of the things I wish I knew back then was getting the best family law attorney sympathetic to both out situation. I wish we had one who worked to mediate our issues rather than pit us against each other. Looking back, I treated my ex-husband poorly and he was unfairly raked over the coals because my lawyer was simply trying to pad his pockets.
ReplyDeleteStephanie Waters @ Chastaine Law