First Divorce Court Appearance Advice From Top Rated NYC Divorce Law Firm
Whether you are an attorney or are representing yourself in a legal matter, you will never forget your first court appearance. As a former law clerk who had ample experience in moot court, internships and summer jobs with judges, and practice in oral argument throughout law school, I still felt unprepared for my first appearance. There is nothing that can fully prepare you for the first time you rise, announce your appearance, and advocate for yourself or another human being in a courtroom. However, I write this article with some preliminary advice to prepare pro se litigants, our clients, and new attorneys as a new associate attorney at Kleyman, a top rated NYC divorce law firm.
- Preparation
From personal experience, the best way to ensure your Court appearance goes smoothly and without unnecessary anxiety is to prepare as much as possible. In my experience, preparation is the only thing that will give you the confidence necessary to appear before a judge and argue a case. You must not only prepare to know all of the relevant facts and law pertaining to your case but also prepare to appear before a judge without incurring sanctions for poor behavior.
- Advice
There are a few preliminary things any individual in a courtroom must know:
Be respectful: First and foremost, you must remain polite, calm, and respectful to not only the judge but also to the other side. Judges can sanction litigants for poor behavior in court and expect respect from attorneys and litigants alike.
- Be on time: It is very important to show up at least fifteen minutes early for any court appearance. Most judges have full calendars each day and cannot delay other proceedings to wait for you. If you are late to court, the judge may sanction you, adjourn your proceeding, or proceed without you. If you are going to be late, please notify your attorney. If you are pro se or an attorney, notify the court clerk and your adversary that you will be late.
- Do not interrupt: During a contentious proceeding, attorneys and litigants alike often speak over each other in an attempt to correct the record. This can often happen by accident as it is not always clear whose turn it is to speak. It is best to wait for the other party to finish speaking or ask the judge for a chance to be heard. Further, never interrupt a judge when they are speaking as it is never proper.
- Speak loudly and clearly: The most often complaint I hear from judges in court is that they cannot hear attorneys and litigants when they speak. If there is a microphone on the bench, speak directly into it in a clear, loud tone.
- Stand up when you address the court: Whenever you speak to the judge, it is advisable to stand up. Some judges may waive this formality, but it is best to stand up every time you speak in court until a judge tells you that you may sit down. If you have a mobility issue, inform the judge when you make your appearance so that he or she knows why you are not standing up.
As I mentioned above, before joining Kleyman, top rated NYC divorce law firm, I interned with several judges during college and law school, was the only law clerk to a matrimonial judge for a year after law school, and am now a matrimonial attorney practicing in various counties in New York City and its metropolitan area. I have spent collective months inside of a courtroom and am still routinely surprised by how easy it is to forget the above basic rules. Especially in matrimonial matters pertaining to highly emotional, deeply personal issues, I have seen how difficult it is for people to remain calm and respectful when discussing their own divorce, domestic violence, division of finances and property, child custody, child support, and spousal support. However, for the best interest of your case, it is vital to maintain composure and remember the above advice.
Final Thought
As a law clerk, I watched matrimonial court for seven straight hours every single day for an entire year. However, my first few appearances as an attorney gave me a new perspective on just how difficult it is to appear before a judge. I personally had issues speaking loudly enough for the judge to hear me and accidentally interrupted opposing counsel when they endeavored to speak. I learned how to take criticism from a judge and that experience taught me the importance of listening to opposing counsel to ensure they are finished speaking, remaining calm, and most importantly to accept advice from a judge.
Elizabeth M. Kuiken is a divorce lawyer Kleyman Domestic Relations Law Firm, a top rated NYC divorce law firm. She has clerked in Hudson County, New Jersey, and is currently in the process of admission to the New Jersey State Bar. For more info go to https://nyc-divorcelawyer.
