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| Mahie Abey |
If you don’t manage to come to agreement with your
ex-partner through solicitor-led negotiation (and most people do) then you
may need to go to court. My top ten tips on dealing with the
Court environment, again in no particular order, are:
- Should
you have input into the choice of barrister (if one is instructed)? My
instinct would be no. You should have taken pains in choosing your
solicitor (see part one of my top ten tips). Your solicitor will have
experience of the bar and those barristers that they work well with. As I
have mentioned before your legal team is just that - a team - and must be
able to work well together. So I would trust your solicitor to choose the
barrister that is right for you and your case. Do of course look them up on
the internet. If, for example, you feel more comfortable with a woman do
say so
- What
your lawyer wants, in an ideal world, is you on the best possible form at
any court hearing. Going to court is a nerve racking experience for most people.
If you are going to court for the first time do find out in advance
exactly where the court is, how to get there and how long it will take,
and where you can park if you’re driving. The last thing you want to do is
to be late, which will leave you feeling flustered from the start
- Most
courts offer a familiarisation visit to make the experience less scary. I
have to say none of my clients has ever done this to my knowledge but I
can certainly see how it might be of benefit to some. Contact the court if
you think this might be helpful for you.
- Do
you bring a friend or family member with you? This is a difficult one. You
may well feel a lot better having a friendly face there but many lawyers really
think they get in the way. You are paying a significant sum for
professionals to help you in a difficult situation – do you really need
your best friend’s input at the same time? I am more relaxed than many on
this subject - the best advice is to ask your solicitor what they think.
If they think it will hinder them doing their job effectively then it
cannot be in your interests
- Your
solicitor and barrister are likely to both be there at most hearings,
especially in more complicated cases. I personally think this is worth the
money as I firmly think that the team ethos I have talked about is as
important in the court environment as elsewhere. If you have chosen wisely
your solicitor and barrister will work together to get you the best result
they can, and I think it is a false economy to try to go to court with
just your barrister.
- One
of the most annoying things for any lawyer is when their clients start
interrupting them or the other side in court - or worse still making
unsolicited comments to the judge. If you do this you will certainly help
the other side’s case enormously. You will sidetrack your legal team, so
they are not concentrating on presenting your case effectively but on
keeping you under control! A definite no-go zone.
- Your
lawyer, if he or she has any sense, will have advised you that you being seen to be the most reasonable person in
the room will assist your case. Listen to their advice. This will impact
on all aspects of your case, from the letters written to the evidence
given. The more objectively reasonable you can be (fiendishly difficult I
appreciate in the divorce context) the easier you will make it for your
legal team to get you the best result.
- Remember
that judges are human beings. Of course they will listen to the evidence
but the impression you make will also be vital. They can see everything
you do and they will judge you for it. Be as composed as you can be. Don’t
constantly whisper in your solicitor’s ear or make a show of sending them
notes. Think about what the judge is seeing and how you would perceive it
if you were in his or her shoes.
- There
are 3 hearings which you might attend: The First Directions Appointment is
usually a procedural hearing only; the Financial Dispute Resolution
hearing is the best opportunity you will have to settle the case, with non-binding
judicial guidance provided; a Final Hearing will take place if you have
not managed to settle the case and have to have a decision imposed on you
by a judge. Try your very best to avoid a Final Hearing if you can. If you
can’t, make sure that you read your own statement carefully before you are
due to give your evidence. Also don’t argue with your ex-partner’s
barrister when you are being cross examined, and make sure you direct your
answers to the judge. He or she is the person who matters. All of these
things will help your legal team in the presentation of your case.
- Before
the Final Hearing ask your lawyer for your own copy of the trial bundle (which
will contain all the documents in your case that have been given to the judge).
Make sure you have read all the documents. What will assist your lawyer
the most at this hearing is you understanding your own case - and thus being able to give clear and on
the ball instructions if and when necessary.
