Court is where disputes that otherwise cannot get resolved get resolved. However, Court does not always go as planned. Witnesses freeze up and forget details that matter. Your client talks too much and argues with the other side. Or, your client cries uncontrollably and is hard to understand while testifying. The other party has spontaneous amnesia. The Judge has other cases and the other attorney has an emergency in the next Courtroom.
Even the best laid plans go awry. Court starts late and finishes early, for the day. Court runs long. Court is not fun and a “win” is hard to come by.
Avoid it if you can. Prepare like you can’t.
Matthew Thompson is a Mississippi Family Attorney.
Follow the blog:#BowTieLawyer Visit the website: #Thompson Law Firm You may also contact Matthew with your family law matter or question at (601) 850-8000 or Matthew@bowtielawyer.ms
Ben Matlock and Perry Mason were always able to berate the real killer on the witness stand until he confessed or it just so happened that the real killer attended the Trial, sitting in the audience, just to watch, only to see himself implicated and arrested before he could leave.
However, real Court is not like TV Court. Lawyers for the most part do not have surprise witnesses that no one knows of and the real killer does not attend and watch from the gallery. Though Court is usually open to the public, rarely does anyone other than a family member attend.
Lawyers are usually held to a reasonable standard of Courtroom Etiquette and witnesses and parties are even more-so.
Courtroom Etiquette includes;
Dressing appropriately. (conservative or church attire is acceptable, shorts, sleeveless tops, & hats are not)
Acting appropriately. (No guffawing, exclaiming, gum chewing, loud talking in the audience)
Waiting for the Question to be asked before Answering. (All is being typed by the Court reporter)
Answering “Yes” or “No,” and then explaining if necessary.
Not Shouting or Yelling.
Not Faking Emotion.
Court is emotional. You can have and show emotion, but the Court is going to judge the level of emotion shown based on the issues before it and will take into account stage fright. The Judge also knows, more often than not, when you are faking it.
Matthew Thompson is a Family Law Litigation Attorney in Mississippi; know when to hold, when to fold them, know when to walk away and when to run…
Oftentimes I am asked the difference between settling a case and litigating a case to a conclusion. In my experience, more often than not, settling your case leads to a better result. Here’s why.
It eliminates the uncertainty of a Court ruling. You know what you get.
It usually results in a quicker end.
It can save money.
Settlement gives your more control and “say” in the final outcome.
Settling your case allows the matter to end on a “positive” note, perhaps more amicable than otherwise.
Cases can be settled through a variety of ways, through negotiation or mediation, either through the parties, through the attorneys or a combination of both.
These are just some of the reasons why settling your case may be best. However, there are also those cases that cannot be settled. Typically, hotly contested custody cases cannot be settled because both parties genuinely believe that they have to fight for what they think is best. And sometimes the other party is just a big jerk that makes everything a fight!
People don’t get taken to the cleaners (unless they agree).
Suing on principle is unsatisfying and expensive.
Bulldog lawyers seldom make a difference in the outcome, they only alter how you get there.
Matthew Thompson is a family law attorney in Mississippi and can attest that big jerks can try to fight, but usually get what they deserve…