How Not to Lose a Case Before It Begins — 5 Mistakes to Avoid at Court

With courthouses across the DMV beginning to open their doors again, it is important to remember a few simple rules when preparing to appear in court for your trial date. Here are 5 common mistakes you can avoid to lose your case before it is even called:

1) Arrive on Time!

Even before the pandemic, getting through security and entering some courthouses could take up to 20 or 30 minutes. Since the pandemic, most courthouses have added additional COVID-19 protocols to ensure the safety of courthouse personnel and the public. Judges expect litigants to be on time, regardless of whatever the check-in procedures may be. Plan ahead to arrive early enough to the courthouse to allow yourself time to find parking, make it through security, COVID health screenings, and find your courtroom. Some courthouses are easier to navigate than others!

2) Dress Appropriately

You don’t need to appear in court in tails and your black-tie finest. However, many of us become very comfortable in our COVID-19 sweatpants working from home during the pandemic. Right or wrong, your credibility may be judged in relation to how seriously you take the proceeding. Dressing appropriately is one way to show the judge, defense attorney, or jury that you are taking your case seriously. After your trial or deposition, you can change right back into your pajamas.

3) If Testifying Remotely, Find Someplace Quiet

If your hearing or trial is going forward over Zoom or WebEx, find someplace quiet and with stable Internet. Do not try to testify from your car or from your local Starbucks. You will be asked important questions that you will need to think about. Your answers will need to be heard. If push comes to shove, your local library likely has conference rooms that could be reserved for free (with free Wi-Fi).

4) Practice Your Listening Skills

Most people are nervous before their trial date. This is to be expected! But as you prepare for your trial, remember that your attorney is asking you questions to allow you to tell your story. Your attorney likely has carefully crafted their order of questions in a way to articulately explain your theory of the case and the damages you are requesting. Answer only what you have been asked by your attorney. Do not answer what you think your attorney is going to ask you in a few minutes or what you think your attorney should be asking you. On the other hand, when opposing counsel is asking you questions, by answering a different question, you may be offering them information that they otherwise would not have asked about. When answering questions, remember that it is always okay to take a couple of moments to process the question before answering.

5) Prepare—But Don’t Over Prepare!

Being prepared for your court appearance is great! However, follow your attorney’s advice when it comes to how much to prepare. Some clients feel like they need to review every paper that they have received from their attorney or the court and memorize as much as possible. This is a recipe for disaster when things inevitably do not go according to your plan or the other side objects to questions. Before trial, most attorneys reach out to their clients to set aside time to prepare. Take advantage of this opportunity! This is the time when your attorney will go over what to expect, review anything that may be important, and run through questions that may be asked. This is also the time you can ask your attorney any question that you may have. Your attorney will let you know what is important to know during your appearance. If you are nervous, ask your attorney to run through some mock questions with you and to review any prior statements you may have given, such as Interrogatories.

If you have questions on how to best prepare for court, please contact Bulman Dunie or attorney, Liz Farley at lfarley@bulmandunie.com.