You are providing information to the court and not to the lawyer. ( Log Out /  So, since Emily Post didn't write a chapter on attending your first trial, make sure to follow these rules: The situation becomes slightly trickier when you are faced with speaking before a judicial panel, but just remember to: And if any judge or justice reprimands you -- even if it's for improperly wearing a tie -- apologize by saying "I apologize Your Honor" or "I beg the Court's apology.". Taking Your Case to the Next Level, When They Have a Lawyer and You Don’t — Ten Easy Lessons, Divorce Discourse - Family Law Technology, Management, Marketing, The Australian Dispute Resolution Research Network. Remember that the court reporter or recording device in the courtroom cannot record non-verbal gestures like nodding or pointing, so use your words. The person in the black robe and gavel-ready is probably by all means a "Judge," but anyone who doesn't want to be considered a rank amateur should remember the following: Address Seated Judge as "Your Honor" or "The Court". Do not exaggerate, or ramble on. If you're on trial, maintain a a calm demeanor during all testimony. She was indeed hurting financially, but her dress was screaming a very different message. Her work has appeared in LegalZoom, USA Today and many other publications. By his own admission he began making faces, which he thought would communicate to the judg how ridiculous the other side was being. Also, it does not create an attorney-client relationship between the author, Sandy Lundy, and any reader or correspondent. Change ). Here’s an example for the plaintiff. Think “business casual.”  Take off your hat, take off your sunglasses, turn off your cellphone. ( Log Out /  The “Your Honor” rule doesn’t apply if you are appearing before a court clerk or other non-judge official, as might happen in a small claims case or for a minor traffic offense. Rude words and gestures to the judge or to your opponent signal to the judge that you don’t have much of a legal case, just a lot of bluster. The courtroom is a world of rituals and formalities. Microsoft Edge. “Your Honor, my name is Sally Slug. As I said before, look at the judge when you speak. This may feel awkward, but it will help the judge follow your evidence. It also shows him that you are prepared and very serious about presenting your case to the utmost sincerity. Not only is speaking over others insanely frustrating for the court reporter, judges don't like it either. Ask your lawyer where you should wait. Talking over the judge is a sign of deep disrespect. 3. You only get one chance to make a first impression. 6. Determining custody of a child is an emotional event. 14. If you have trouble speaking in a non-emotional way, if the other party or the other party’s lawyer really gets under your skin,  consider hiring a lawyer to do the talking for you, at least for the courtroom appearance. I hope this tip is obvious to you, but sadly, some people need to be reminded. Obviously, you should never interrupt a judge either. Do not bring bottled water, coffee, or food into the courtroom. There are established rules of behavior, since times immemorial, which have to be followed by everyone who enters it. Stay calm, no matter what. University of Windsor Faculty of Law, Res ipsa loquitur - The thing itself speaks, Advice on all things FITNESS by Personal Trainer Ariana Dane. Actually, forgetting what you wanted isn’t very smart…so make notes and use them. 7. Therefore, it should be noted that if you want to make a lasting impression on the judge, you should keep your demeanor in check all the time. In no event are you to interupt the other party and never…I mean never interupt or talk over the judge. I’m here today on a complaint of breach of contract against Sam Snail for shipping me a defective violin. However,  it is also possible to overdress for court. Presenting your case by avoiding things judges don’t like is an effective way to have your points considered in a favourable light. Keep in mind why you’re in court – it’s to persuade a judge to do something you want him or her to do. Get your position to the court in plenty of time before the hearing. Look at the judge. Save my name, email, and website in this browser for the next time I comment. Category: Uncategorized If you observe lies in witness testimony, tell your lawyer about the details; don't take it upon yourself to try to convince the judge or jury. Use polite language, a calm tone and reserved body language. Speak in measured tones and avoid slang, cursing, accusations, sarcasm, eye-rolling, making faces, and other disrespectful behavior. DO keep your voice up and watch your language. DO address the judge as “Your Honor.”  It’s a sign of respect not so much to the individual person as to the judge’s function as the gatekeeper of the law. And although it may be a small matter to some, it's important to develop good courtroom habits for your legal career. If you’re the kind of person who tends to interrupt people when they talk, practice better listening skills before your court appearance. And NEVER….NEVER…EVER make faces, no matter what the other side says or does. At the next hearing the other side cleverly reminded the court of what had happened the week before. As I said before, look at the judge when you speak. If that means jeans and a shirt, so be it. Every judge runs his or her courtroom differently, but here are some general suggestions that will serve you well any time you go before a judge, whether you have an attorney or not. If you are in Provincial Court, when you address the judge, you will call him or her “Your Honour”. ( Log Out /  Do not volunteer your opinions or conclusions on matters in issue. Do not re-hash what you have filed with the court. Sandy, I like this blog as it talks to real people about topics that can be intimidating. 9. It didn’t make any difference in the outcome of that hearing, but the one individual was embarrassed. When your case is called, step forward and be seated unless the judge tells you otherwise. You will impress the judge…guaranteed. Wait your turn. Dress professionally and appropriately. When testifying, you are there to provide the court with facts. When the judge speaks to you, look her in the eye and reply in a respectful tone. If the other side interupts stop and wait for the judge to have them stop. However, a parent who becomes overly emotional may give the judge a bad impression. Be aware that there is a chance that you will not be called to testify at the scheduled time and you may have to return at another time. Search, Guide For Counsel In Cases To Be Argued Before The Supreme Court Of The United States, Zimmerman Trial: Opening Statements Shouldn't Be Stand-Up Comedy, Getting in the Right Mindset Before Court: 5 Tips, Lawyer Breaks Etiquette Rule #1, Talks Smack About Judge to Judge, Courtroom Etiquette 101: Speaking to Judges. While the tips in number 5 can also be used if you disagree with the judge, a more effective option would be to actually … You want to be taken seriously by the judge. Never guess an answer or make an answer up. This is important because each Judge or Magistrate have particular things they find important or things they like or don’t like to see presented. 15. 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