People who have to face a lawsuit for the first time are often afraid to go to court. In this article, we’ll go into more detail on helpful tips for going to court, which helps you look more confident in speaking and defending your position.
That is not surprising: the court is where a protracted conflict is dealt with, where the parties are usually hostile to each other, and the judges and jury are often not very friendly. There you need to defend your position, answer unpleasant questions and ask them yourself.
But what scares people most is not even this, but the fact that they simply do not know what an actual lawsuit looks like, do not understand what awaits them and are afraid to look stupid. And some, on the contrary, idealize everything after watching movies and TV series.
In the United States, the precedent system is used for the most part. To win a case in court, lawyers need to find a precedent from the court’s practice of the state in which the case is being considered and propose to make the same decision (this principle is well described in this article). But in Louisiana, as in some other states, the continental system is used when protection is built not on precedents but the interpretation of laws.
That is why choosing a lawyer is an essential component for the success of your case in court. Engaging a reliable and reputable lawyer from Kania Law Office will increase the chance of your success rate. They will do all the necessary research and work through your case thoroughly with you.
The USA has ratings in which all major legal firms are present. Besides, there are ratings of successful lawyers’ cases. Anyone can get a dossier of a lawyer: where he studied and worked, in what cases he took part, is there any disciplinary practice behind him.
At the same time, the activities of lawyers are monitored by the association. An oath is a good motivator for the conscientious performance of duties. There are also chambers of lawyers that deal with the analysis of disciplinary practice. In the United States, a lawyer may lose his license if he breaks his oath and is convicted.
Payment for the services of a lawyer is established by agreement with the client. Thus, in the United States, there is no system of firmly established rates for the remuneration of a lawyer. The most common is the hourly wage system. Such a payment system is also practiced when a lawyer receives a fee only if he wins the case. Lawyers in civil cases, particularly on obligations arising from the infliction of harm, often participate in the process on the condition that, if the case wins, the client will give him from 30 to 50% of the amount of compensation received by him. Further information you can find here.
Also, if you need to get free law information, on the website Lawrina.com you can find all necessary information about lawsuits. A good lawyer will help you convince everyone that you are right, so choosing a professional lawyer is almost 90% of success.
Understanding the types of jury trials is also essential. According to the official statutes, there are two types:
- Jury of 6-12 members. Decides whether the defendant has committed an offense on a criminal charge or has caused a civil plaintiff damage. Trials, as a rule, are public; the accused and their lawyers have the right to appear before the jury, give evidence, and call witnesses.
- A grand jury of 16-23 people determines if there is a plausible reason to believe that the person has committed a crime and should be brought to trial based on the prosecutor’s materials. Grand jury meetings are closed to the public.
A few hours before the court hearing, do not reread the case documents or study the text of your speech. Better listen to music or read fiction. Also, unplug your phone about an hour before the meeting, as calls and the stress associated with them can distract and make you nervous. Before starting the session, be distracted and try not to rehearse the process ahead. During the time of anxious waiting in the court’s corridor, you can lose your emotional mood and burn out. And this anxiety will empty you from the inside. Especially if you have been preparing for the case for a long time and are afraid of public speaking or feel insecure.
Do not sit in one place for a long time. All human energy is in the legs. Get up and walk periodically – you have to make the blood run through the body. You do not need to overheat, but you must be physically prepared for the “struggle” in the process.
Often representatives come to the court and constantly scatter papers on the table in the courtroom, shift pens, change seats, and generally fuss. You need to go in calmly and sit down comfortably. A table, a chair, a pen, copies of case materials – this is the world that will surround you soon. If you are in a hurry to prepare for your place, you will also be in a hurry to perform. And this will lead to the fact that the judge and jury will not hear and understand you. And you will lose.
You should look as inconspicuous and representative as possible. It is natural for us to become more influential when we look modest and challenging.
When the trial begins, the last thing you want to hear is your cell phone ringtone. Better turn it off entirely or put it in airplane mode.
Under no circumstances you should interrupt the speaker, no matter what he says. He is given the right to be heard. When it’s your turn to speak, talk slowly, calmly, clearly, and loudly. By doing this, you show respect for the court and your opponent.
Do not manipulate with thoughts, impressions, observations, and other subjective arguments – in court this only indicates your defense’s lack of depth. Use only objective arguments, facts, and evidence.
Many cases were won because the procedural opponent was lazy, relaxed, or too calm. The judge and the jury looked at the second party’s materials, which was active, correctly structured its presentation, and paid attention to the weaknesses in the counterparty’s position. Therefore, when you receive a case, do it in such a way as to believe in success, find strengths with a lawyer and build a strategy and tactics for conducting a case based on the entire process. All these little things matter.
If you are more than happy with your decision, do not let the joyful facial expression betray your state of mind. Stay calm and balanced. That also applies not only to positive conclusions of the jury.