Pamela Wright, ESQ.

How do YOU Present in Court?

I handled two cases this week where my client was self-represented before I came on the scene.  In each case she did the best she could but her emotions and lack of legal knowledge worked against her in court. 

From the moment I came on the case I could tell there was work to be done in preparing my clients to present well in court.  Are you aware of how you present in court?  If you haven't filed your case yet still think about this question.  How you come across in court or in a child custody evaluation is critical to your case. 

You want to come across as a good mother who is level headed, stable and cares about the best interests of her children.  It is not the time to be emotional or overly sensitive.  In my experience, it is not the time for tears either.  However, if tears come don't freak out just regain your composure and keep going through the process whether it be a court hearing or questioning in a child custody evaluation.  

Remember, the courtroom and courthouse is a conservative place so gage your emotions accordingly.  When you present your case confidently free of emotional outbursts or breakdowns, you're more likely to get your point across and will have a better chance of getting what you want in court.

5 Things You Need to Know Before You Go to Court

Here's an article I wrote to empower people who cannot afford an attorney and must represent themselves in Family Law Court.

5 THINGS YOU NEED TO KNOW BEFORE YOU GO TO COURT

#1

Know Your Credibility Is Under Examination

As soon as you walk into a courtroom your appearance and behavior is on display for all to see.  When your case is called the judge will be observing you -- your appearance, clothes, hair, makeup and  behavior.  As soon as you speak the judge will be listening to the way you communicate.  The judge will be observing and listening to you in order to evaluate your credibility and make a determination about whether he or she finds you believable and trustworthy. 

Therefore, dress conservatively, speak clearly and be on good behavior when you go to court.

#2

Know Your Facts and Legal Issues

What is your case about?  What are the facts and legal issues?  You need to know the answers to these questions before you go to court.  In a divorce case, a person may be dealing with issues regarding divorce, child custody, child visitation, child support, spousal support, property distribution and attorney’s fees and costs.

You will not have long to tell your story in court.  Be prepared.  Write down your facts and legal issues for quick reference before you go to court. 

#3

Know the Law

What law is applicable to the legal issues in your case?  Your facts will determine your legal issues.  If you are not familiar with the laws governing your legal issues you must conduct legal research or hire an attorney to do so before you go to court. 

The Los Angeles County Law Library has tons of books filled to the brim with good information.  This place is a gold mine for those who need to conduct legal research.  The Law Library’s address is 301 W. First Street, Los Angeles, California 90012 and its telephone number is 213.629.3531  Go to www.lalaw.lib.ca.us if you want to find the Law Library online.

#4

Know Your Evidence

What proof do you have that supports your legal position?  Are there witnesses, documentation, bills, receipts, photographs, etc. that support your legal position. 

You must tell the judge why he or she should rule in your favor.  The evidence is used to support your legal position.  For example, in a child custody case one parent may be claiming that the other has a drug problem and is unfit to take care of the kids.  In order to support this accusation, the parent making it  would benefit from having witnesses who have seen the other parent using drugs.   

#5

Know How Your Judge Rules

It is important to have an idea of how your judge tends to rule on cases before you go to court.  You could sit in on a hearing in your judge’s courtroom before the day of your hearing to get an idea how she or he rules. 

If you’re wondering how attorneys get this information, here’s what they do:  1) Attorneys have access to databases that provide judicial profiles about judges, 2) Attorneys talk to other Attorneys to get the scoop on how judges rule and 3) Attorneys will sit in on a court hearing to get an idea of how their judge tends to rule.

It’s worth your time to find out how your judge tends to rule on cases before you go to court so you can prepare your case accordingly.

Copyright 2007, Pamela Wright, All rights reserved. 

Information is power when used skillfully!

Pam