How to Behave in Court to Win: Top Practical Techniques
Lawyers often believe that drafting a lawsuit or response and gathering evidence is sufficient to win a case. This approach works only for typical cases. When circumstances are ambiguous and courts don’t have a unified stance, the outcome of the case depends on the lawyer’s behavior in court. Let’s discuss how to conduct yourself during the proceedings and present your case to the judge.
A few hours before the court hearing, don’t reread the case materials or memorize your speech. Instead, listen to music, enjoy online sports betting on an upcoming tournament, or read some fiction. Additionally, about an hour before the session, turn off your phone, as calls related to other projects and the associated stress can distract you and make you nervous. Before the hearing begins, try to relax and avoid rehearsing the upcoming process. Nervously waiting in the courtroom corridor can cause you to lose your emotional balance and burn out. The intensity you’ve built up could drain you, especially if you’ve been preparing for the case for a long time, are afraid of public speaking, or feel insecure.
Don’t sit in one place for too long. All of a person’s energy is in their legs. Periodically stand up and walk around — you need to keep your blood flowing. Don’t overheat yourself, but be physically ready for the “battle” that lies ahead in the courtroom.
Focus on the Judge
When you enter the courtroom, you are there solely for the judge. Many people make the mistake of arguing with their opponent before the process begins and continuing to debate afterward. The judge announces the start of the hearing, asks questions, but no one seems to care — the parties are too busy convincing each other or hurling insults.
But you are there to convince the judge. You need to establish a connection with them. Smile, exchange a few words, and make a joke. You’ll gauge the judge’s mood from their reaction; establish visual contact, and listen to their speech. It’s also important to listen to yourself. When a person speaks, they often experience stress from hearing their own voice, especially when it’s the only sound in an empty room. By initiating a conversation with the judge, your body adjusts to the sound of your own voice, like a tuning fork. This is calming.
Don’t Fuss
Sometimes representatives come to court and constantly shuffle papers on the table, move pens around, or switch seats — generally, they fuss. You need to calmly enter, sit down, and make yourself comfortable. The table, chair, pen, and copies of case materials—this is the world that will surround you for the next while. If you’re rushing while setting up your workspace, you’ll rush during your presentation, and this will lead to the judge not hearing or understanding you. And you’ll lose.
Don’t Relax and Believe in Victory
Many cases have been won because the opposing party was lazy, relaxed, or too calm. The court paid attention to the materials of the other side, which acted energetically, structured its presentation correctly, and highlighted the weaknesses in the opponent’s position. When you receive a case, make sure to believe in success, identify the strengths of your position, and develop your strategy and tactics based on the entire process. Every detail matters.
Guide the Judge to the Main Goal
In any court case, there are formal and ideological aspects. When you go to court, you need to understand the idea you are bringing. All the arguments and evidence you present should be infused with this idea. For example, consider the idea of consumer extremism. There are situations where developers hand over apartments late or with defects. But there are also situations where consumers “terrorize” the developers. You need to draw the court’s attention to this and make it the central theme of your presentation.
Formulate the idea your client brought to court. What does your client want to convey to the court? Why is your client the victim in the situation being considered? Every court in any proceeding essentially seeks to answer one question — who is at fault and who is the victim. Your task is to ideologically and strategically prove that your client is the victim and deserves protection.
Place the Essence of the Dispute and Arguments in a Real-Life Context
For example, if you’re defending a mobile operator, refer to the judge’s experience using a phone. If the case involves employer-employee relations, place it in the context of hiring a nanny for a child. Let the judge imagine, based on your presentation, that the nanny didn’t show up for several days, leaving no one to look after the child, and then demanded payment for the days she was absent. Model a similar real-life story so the judge can feel it. Add emotion and gestures to your speech. Stories and emotions help argue your case and draw the judge to your side.
Review the Case Materials With the Judge
The judge should read the documents you reference through your perspective. If you mention a piece of evidence, ask the judge to open a specific volume and page. Wait until they do so and delve into the section you indicated. If you don’t wait and continue speaking, you’ve lost the argument you just made. Give the judge the opportunity to ask questions — if the judge is interested, you’ve “hooked” them.
Speaking in court isn’t just about delivering a beautiful speech; it’s about working together with the judge to review the materials and focus on the arguments and evidence you need. Don’t be afraid or shy; ask for the opportunity to approach and literally point out the specific section in the document you’re referring to, the exact phrase they need to read.
Prepare a Draft Court Decision
Make the judge’s job as easy as possible. If you can draft a decision, do so. Moreover, drafting the court decision is a good opportunity to check all the links in your position, critically examine them, and analyze the consequences of the claim being granted or denied.
Explain to the court the economic, reputational, and social consequences of its decision. You might be formally, by the letter of the law, wrong, but “in spirit,” in life, justice is on your side. It’s important to convey this to the court through the practical consequences that the verdict will bring.
