Sunday, December 29, 2013

Court Tips


This is a list of tips for the new attorney. 

First, stand up when the judge comes into court, then SIT DOWN. You should not be standing while your opponent is giving their argument. When your opponent is done and sits down or stops talking for a long period of time. Stand whenever you address the judge.  This is how you ask permission:  You stand up and say "May I proceed, your honor?" The bottom line is that you should be sitting down while your opponent is standing and speaking unless you are making an objection or otherwise addressing the court.

Next, ask the judge permission for everything you do. For example, may I proceed your honor. May I approach the witness/clerk, your Honor.

Third, never argue with opposing counsel or even speak to him or her unless you ask the judge's permission  For example, "Your Honor, may I have the courts indulgence?" and you lean over and whisper to opposing counsel. Otherwise, all of your comments must be addressed to the court.   Sometimes you can object--politely.  

Fourth, avoid personal attacks. Judges dislike ad hominem arguments. This means an argument that does not address the substance but instead attacks counsel. 

Finally, you should never speak at the same time as opposing counsel. Judges feel out-of-control and get more angry from this than almost anything.

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