While legal ethics courses, lectures, and seminars teach young lawyers and law students about the level of professionalism required of them and the rules of conduct in the courtroom, there are still quite a lot that is unwritten and unspoken of. You only learn many of these unwritten rules when you practice. Rules may vary because some courts are more stringent than others. David Serna, a multi-awarded lawyer, shares some of his observations and insights after 40 years of experience in litigation.
1. Rude and improper behavior can significantly impact your case.
Remember that the judge and the jurors listen and observe you. Making a good impression that lasts will make your audience want to pay attention throughout the trial. You must find ways to make the audience stay focused because any time they lose interest in what you have to say, chances are they won’t recall much during the deliberations process—a very crucial stage.
2. Always assume that you will need extra time.
What you know about one court may not necessarily apply to another. Different courts, different materials and equipment. Acquainting yourself with the equipment available will take time. Requesting for equipment can take a lot of time.
Also, some court rules and security screenings are more stringent than others. To avoid delays, you and your client should not bring large bags. David Serna advises lawyers who are going to trial for the first time to arrive early. This way, they have the chance to ask court personnel about unfamiliar guidelines and to check if there are restrictions posted outside the courtroom.
3. Noise can unnecessarily disrupt the recording of the proceedings.
The reason why courts are often strict about unnecessary noise is that proceedings are usually recorded and documented. The slightest sound can hinder the court reporter from correctly hearing the recorded material. It is often advised that mobile phones be completely switched off.
David Serna provides bits of wisdom and insight to freshly minted lawyers. Check out his blog today.