By Jason Kohlmeyer, Family Law Attorney
When an individual walks into court for the first time, the first impression that person makes on the judge is crucial. Creating a good first impression will imprint in the judge’s mind and could ultimately influence the outcome of that individual’s case. What follows is a list of the top ten ways to make a lasting impression on the judge (or jurors) for the best chance of success in the courtroom.
Judges hear many cases every day. Arriving late may cause a significant delay in the court’s calendar. Arriving late could mean that the judge’s entire schedule will be delayed. A tardy appearance could result in a judge determining that the defendant failed to appear. The judge could issue a warrant for the arrest of the absent individual.
The rule of thumb is to be in Zoom Room or in your courtroom at least 15 minutes early. Thirty minutes is even better. If you have a lawyer, talk to them and ask what they recommend. As I mentioned, I’ve been doing this for over 25 years, and my belief is that my client should be on the Zoom hearing 15 minutes early.
Dress for success. Considering how one appears will help a defendant make a good first impression on the judge or jurors. While judges are required to be impartial, at the end of the day, judges are human beings. Thus, a judge, just like any other person, will form a first impression of an individual by the way the person presents in her courtroom. Dressing appropriately will help those who appear in front of the judge form a good first impression. A person should wear clean and appropriate attire when attending any type of court proceeding.
So what to wear? Whatever you feel comfortable in, but also that sends the message that you are taking this very seriously.
For men:
Just make sure you tuck it in and wear a belt.
Conducting oneself in an appropriate manner while in the courtroom is arguably one of the most important things a person can do to make a positive impression on a judge or jury. Even if a party or a witness is not currently on the stand or actively participating in the proceedings, a person’s conduct is extremely important.
Sit still, listen attentively, and act appropriately. It is crucial to note that throughout a court appearance, a judge will watch the participants in front of her. Making faces or shaking one’s head when listening to opposing counsel’s legal argument will reflect poorly on the defendant.
If a person chooses to testify, she should practice what she is going to say before she takes the witness stand. If she is represented by a lawyer, she should practice testifying with her lawyer before the actual court proceeding. Preparing will also give a person time to determine how to respond to questions the opposing attorney will ask on cross-examination.
If you don’t have a lawyer, you really need to do some research in order to be organized. However, if you have a lawyer, that’s one of the things that we do for you., Is prepared so that you are 100% ready for the trial.
An individual involved in a court proceeding should always show respect for others involved in the proceedings. Even though one might disagree with the opposing party or the opposing party’s counsel, it will only benefit that person if she shows respect to everyone in the courtroom. This not only includes the members of the opposing party, but also clerks, bailiffs, and other courthouse staff.
I will tell you that even during a nasty divorce trial, I’ll hold the door for the opposing party and the opposing lawyer. I’ll say good morning to them, good afternoon. The reason is it costs you nothing to be civil and respectful. You never know. If you do that, that sometimes changes the way you’re perceived and might end up getting a nice resolution.
Being attentive during court proceedings by listening to what the attorneys and judge are saying can be beneficial to an individual’s case. By doing so, the judge will see that the individual truly cares about the outcome of the case. Further, a person may pick up on things brought up by the opposing side and point them out to their attorney in an attempt to change the outcome of the case. Paying attention may also allow a person to realize what the judge is looking for. When that person takes the stand, he can provide the judge with the information or evidence she is likely looking for.
It’s easy to zone out. But make sure you bring a notepad, perhaps even a laptop. While you don’t need to take notes of every word that’s being said, you do want to work with your lawyer. If you have questions, write them down. If you have issues that you may not have thought about, you’ll get breaks during the day. Go ahead and write all that down and then talk to your lawyer about it.
Always turn your cell phone off before entering a courtroom! If a phone rings during court proceedings, it distracts everyone in the courtroom, including the judge. Even putting a phone on the vibrate mode can disturb the proceedings. Power any device down while in the courtroom.
This is showing my age a bit, since most of the courtrooms now have lockers where you’re required to lock up your cell phone and your purse if you have it. However, some of the smaller courtrooms throughout southern Minnesota, such as Martin County and Jackson, come to mind, where they don’t have dedicated lockers. And in those cases, absolutely, just turn the darn phone off. 8.
Both sides of a proceeding will get a turn to be heard by the judge. It is important that an individual waits their turn before speaking in court. In a court proceeding, it is key to only speak when the judge requests it or it’s your turn.
One of the fastest ways to upset the judge is if you interrupt them, if you interrupt the other side, if you don’t stop talking when the judge interrupts you. You have a lot of information that you want to get to the court; however, there’s a very precise way in which that must occur. So go ahead, be organized, and then wait for your turn.
Pro Tip: If you have something to say and the judge is wrapping up, that is probably the only exception that I might have where it’s appropriate to respectfully interrupt the judge. The way you do that is to go. I’m sorry, Your Honor, I do have one question or one more thing to ask you.
If a person takes the stand, she should answer truthfully and to the best of her recollection. Telling lies will only hurt her case because the opposing counsel will likely test the accuracy of her statements by questioning other witnesses and examining other evidence. If she is truthful, the judge will see that she is a credible witness and credible party in the case.
This does go without saying, but you really don’t want to commit perjury on the stand. Well, it’s been a long time since I’ve seen a perjury charge. I will say they do occur, but more importantly, the judge can absolutely not believe other things you’re saying if you’re caught in a lie. So please tell the truth.
When a person enters a courtroom, he should never do the following: chew gum, eat, drink, use a camera, cellphone, or carry a weapon. These actions are distracting to others in the courtroom and, in the case of carrying a weapon, prohibited.
Now, I know you’re thinking, “This is stupid. You’re simply filling up the list on this tenth item,” but I’m telling you, I’ve had people bring in cameras. I’ve had people bring in recording devices. I had more than one knife occur. People sometimes would be chewing gum, and the court has very clearly shown how annoyed they were. You can bring water in, but generally speaking, that’s it, and it really should be in a clear water jug. There are some judges who will not allow a metal water bottle in.
Nothing on this list is earth-shattering or new or something that I can say I came up with entirely on my own. A lot of it is common sense. It’s things I’ve seen from experience over the years.
About the author: Jason Kohlmeyer is a Minnesota family law attorney with over 25 years of experience and a partner at Kohlmeyer Hagen Law Office in Mankato and Rochester. He has practiced family law exclusively since 2010 and has handled hundreds of Family Law cases across southern Minnesota. He is the author of The Divorce Survival Guide: Getting Divorced in Minnesota and has spoken on family law topics for the American Bar Association, the Minn. State Bar Association, and the American Trial Lawyers Association. He is a member of the Minnesota State Bar Association and has been recognized by Super Lawyers and Best Lawyers of America for many years.
