Effective Communication in Court

1. Effective CommunicationinCourt Confidence, Integrity and General Comments

2. Confidence • What message do you send when you speak softly? “I’m sorry, I’m nervous.” • How about when you mumble? “I’m sorry, I’m not very sure about what I’m saying.” • How about when you slouch in your seat or walk tentatively from one side of the courtroom to the other? “I’m sorry, I probably don’t belong here.”

3. How to Demonstrate Confidence • 1. Demonstrate your mastery of the facts of the case • 2. Know what you want to accomplish • 3. Why you want to accomplish it • 4. How you intend to accomplish it • 5. In short, be prepared

4. Integrity • Latin – integritas – wholeness or soundness, complete in itself. • Lawyer’s integrity – unsullied, unbroken, and undivided moral principle, e.g., quality of the whole and honest lawyer.

5. How do I show integrity in the courtroom? • Do not overstate your case. • Do not promise evidence you cannot deliver. • Do not make arguments you cannot support. • In other words, follow ethical and procedural rules.

6. Treat everyone in the courtroom with respect. Yes, even your opponent – you don’t have to like your opponent, but you must show respect.

7. Do not use bullying tactics to intimidate your opponent. • Do not attempt to distract the judge during your opponent’s presentation. • Do not try to disrupt opposing counsel’s argument or use facial expressions, grimaces, or gestures to argue your case during opposing counsel’s argument.

8. Above all else, be a good loser!!! • Remember, you can lose a few battles and still prevail. • Don’t display your frustration or worse, take the loss out on others. • Let it go and move ahead.

9. Oral Argument In the Trial Court • Oral argument: • supplements a written document filed with the court • is essentially a conversation with the court not a memorized speech

10. is an opportunity for the attorney to add aspects of humanity to the decision-making process • is an opportunity to add voice, gesture, tone, expression, etc. to substantive analysis • is an opportunity to help the court “see” your client, appreciate the gravity of a situation or understand the real-life implications of a particular decision

11. is an opportunity for the attorney to summarize and highlight particular facts and issues, to help the court better understand the party’s position • is an opportunity to help the judge clarify the facts, law, and policies, especially in close cases

12. Just a Few More Tips • Dress appropriately (conservatively). • Speak directly to the judge, not to opposing counsel. • Try to look up and not at your notes. • MAINTAIN EYE CONTACT WITH THE JUDGE - especially when answering questions.

13. Speak loudly enough to be heard, slowly enough to be intelligible. • Stand straight and use hand gestures only to emphasize points – don’t try to fly. • Ask to approach the bench if that seems to be the procedure in that court that day. • Say, “Good morning (afternoon) Your Honor.” • Do not thank the judge for the ruling.

14. Ask to be excused. • Have appropriate cases at counsel table – take very important cases to the bench with you to use in your argument and hand to the judge. • Just to let you know – a motion hearing may take place in the courtroom before the bench or remaining at counsel table -

15. in the judges chambers with judge at the desk and counsel seated - • or, just about anywhere else.. • Be flexible and don’t let frustration show. • Also, always have a calculator with you. • The day you don’t some judge will ask for a calculation of damages before you get a ruling.

16. ABOVE ALL ELSE ENJOY THE EXPERIENCE – IT’S AN OPPORTUNITY ONLY THE BRAVE SOULS WHO SURVIVE LAW SCHOOL GET TO SAVOR.