Some things to discuss with your client BEFORE THEY FILE with the court:

  • Regardless of the type of case your client needs to file, they should be aware that nothing in the court system moves quickly. Court dates will be set months in advance. Your summons says be at the court at 9:30 am but your case doesn’t get called until after the lunch break at 2:30. There will be a lot of waiting and a lot of time wasting. This may involve missing work.
  • There is a lot of work involved in a court case. If they have an attorney, they will spend many hours with them. The will be required to produce a lot of documents. There is a lot of paperwork involved in every case. The court is not inclined to just take their word for things. They should be able to prove whatever it is that they are claiming and that will likely involve a lot of time consuming document gathering.
  • The may not get the decision they are hoping for. After all the waiting and all the work they put into their case, the court may not rule in their favor. This can be incredibly disappointing and cause a lot of despair.

If your client has an attorney, MAKE SURE THEY SPEAK WITH THEM. Advise your clients to obtain the contact information upon meeting their attorney and keep it in a safe place. The offices  of legal organizations are big and no one will know who your client is talking about if they call without the name of the attorney.  Sometimes it may even be the day of the hearing before they walk in the courtroom.  Write down any questions they have so they can remember to address it with the lawyer. If they have an urgent matter, they should call the attorney and leave a message that states the specific issue.

Some things to discuss with your client BEFORE THEIR FIRST COURT APPEARANCE:

FIRST AND FOREMOST: IF YOU ARE SERVED WITH A SUMMONS, APPEAR IN COURT.

The court is built on an air of authority. Yes, sir, no m’am; its proper and its formal and its intimidating. You wait in long lines at the public entrance and enter through metal detectors; the security guards eyeing you with suspicion. The court staff is often overworked and overwhelmed, making them incredibly unpleasant to deal with.

  • It may be worth discussing with your client proper court attire. Impressions go a long way in this environment and nothing conveys the seriousness with which you are taking your case if you appear in court appropriate dress. No jeans or sweatpants.
  • It is imperative that your client CONTROL THEIR EMOTIONS. Outbursts in the courtroom are not tolerated. They create a very bad impression with the judge, one that is difficult to overcome once its established. It is incredibly hard not to interject when the opposing party is saying something that is not true or to express your disappointment when the judge rules against your interests but hold your tongue you must. The same goes for body language and facial expressions.
  • You client should address the judge as “Your Honor” and the other parties involved as Mr. or Mrs. so and so. They should appear beyond respectful.
  • Though it is important that the client not speak out of turn, it is also equally important that they assert themselves and ensure they do have a turn to speak. Typically the judge will allow such a time. They should prepare what their argument is beforehand so that they can be direct and concise. It’s important not to ramble or you will get cut off. People have a tendency to forget their talking points once they get nervous, so it may be a good idea to bring a cheat sheet. The window for presenting your case is not going to be big and once it closes, it will not re-open. If the judge doesn’t ask your client to speak, before the judge rules, they should say “Your Honor, I would like to say something for the record” Bring ANY AND ALL documents you have that support what you are saying.
  • Forewarn your client that there will very likely be other people in the courtroom. Most hearings are public events. Anyone can be present. It’s usually other lawyers, other people waiting for their case to be called. It could also be the family and friend of the opposing party.

OTHER SPECIAL SCENARIOS and ACCOMMODATIONS:

If English is not your client’s first language or they are hearing impaired, they are entitled to a translator through the court for every stage of the process. They must be sure to ask for one who speaks the proper dialect. If the translator happens to be someone they know and they are uncomfortable, they should tell their attorney or, if they do not have an attorney, the judge.

Domestic violence victims are entitled to keep their addresses confidential. Your client must tell the clerk when they file.