We all know that everyone makes
mistakes, and lawyers are no
exception. The only problem is
that when lawyers make mistakes
in the course of handling a
client's case, the consequences
may be very embarrassing or
damning, depending on the
gravity of the mistake or its
implication for the client and to
the image of the law profession.
Lawyers may face civil liability,
sanctions or disciplinary
proceedings. In some more
serious situations, their case may
be dismissed, a default judgment
may be entered, and causes of
action, parties or affirmative
defences may be stricken.
Many mistakes are correctable
and, if addressed and handled
properly, will end in nothing
more than some negligible
inconvenience. If handled
improperly, even an easily
corrected mistake can become a
nightmare. The best thing a
lawyer can do therefore is to
make sure that as much as is
possible, mistakes do not
happen. So what are the mistakes
you should never allow yourself
to make in court? Here they are in
no particular order of
importance:
NEVER dress inappropriately :
The story is told of the lawyer
who had a case to attend in court
on Monday morning. He
discovered while at his office that
he was not with the keys. The bad
part was that his lawyer apparel
was well ironed, starched and
hung…on the wall in his now
inaccessible office. So that he will
not be late, he had to go to court
in, of all things, his biker's
apparel, since he took his bike to
work that morning. You can
imagine what the self-
consciousness, both the real and
imagined stares and contempt
from both the judges and the
audience would have done to his
self-confidence, preparation and
most importantly delivery. The
story may appear far-fetched, but
don't miss out on the lesson:
never let your dressing speak
negative about you in court.
Never act over-familiar with
the judge: You may wonder if
this is right. After all, is a little
good manners that bad? What
you need to understand is that
within the court environment, the
watchword is professionalism. In
this light, any action which may in
any way serve to undermine the
professional standard of the
court, or subject same to ethical
doubts, is unconditionally
frowned upon. Even if you know
the judge on a personal basis,
suspend any show of
comradeship or familiarity till you
are well finished with the case at
hand.
Never lose your calm, no
matter what direction your
case seem to be going: You
know, despite your best
preparations and expectations as
an attorney, things do go awry in
court. Cases take turns you never
envisaged and this can give you a
feeling akin to being in the
passenger's seat on a bumpy ride
along a contoured road. When
this happens, the worst thing you
can allow to happen, is to take
out your "frustration" on the
judge, your opposing counsel or
even the witnesses. Trust me, it
will work against you and your
case, and your client will suffer
for it. Worse, it will create a
reputation for you which you will
definitely not fancy. As an
attorney, you must be
professional in court at all times,
even when your case is going
downhill.
Not knowing the facts: As
impossible as it may sound,
maybe even unbelievable, many
lawyers go to court without
having all the circumstantial and
legal facts about the case they are
handling. Never allow yourself get
caught in the thought that what
you know is enough. Nothing is
farther from the reality. Insist on
getting all the facts, and equip
yourself with all the legal facts as
it concerns with the aspect of law
your case falls under
Never forget to change your
mobile phone's profile to
silent: Yes. This happens an
awful lot of times. Imagine the
distraction and disorientation a
lawyer or judge paying rapid
attention will suffer, if suddenly
the mobile of the opposing
counsel or even the prosecuting
counsel rings during
interrogation or argument being
anchored by the other counsel. In
as much as digital technology
rules have been applied to allow
the use of mobile devices and
tablets in court for citation
purposes; that is no excuse for
you neglecting to put your device
on the silent profile. If you want
to avoid justified anger which may
be manipulated to your
disadvantage, put your device on
silent if you will be consulting it
in the course of your court
appearance and if not, switch it
off. Court sessions don't last
forever.
Lawpavillion
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