Any other lawyers about? How do get used to thinking on feet in court?

[Waytooearly]

I couldn't quite find the right thread so I hope you don't mind my putting this in chat.

Just would be really interested to hear how lawyers (or others) get good at thinking on their feet in court (or other high pressure environments).

I've done face-to-face client work for many years and I'm now in a new role where I am in the tribunal for hearings a few times a week (in my old job we instructed counsel but new job we advocate our own cases in tribunal).

I know all the procedures and my cases are pretty well prepared. I try to organise submissions and I'm actually okay at the 'public speaking' bits. I don't clam up if I know what I want to say.

It's just--of course you have to be prepared for surprise questions, surprise answers, judges focusing on random unexpected things. You just can't prepare for everything.

I am having unexpected difficulty thinking on my feet,with all the adrenaline in the system. Yesterday the judge asked something unexpected and I did eventually answer, but only after a weird three seconds of utter snow blindness in my brain. I took a deep breath and went on but... weird.

I am not sure about how to develop this skill. I was even looking at information about improvisational acting... I don't know.

Does it just come with experience?

It is impossible to be over prepared.

Know your matter inside and out. Take a copy of procedural rules, tabbed, for so you are on solid ground there.

And pause. Take time. A pause may feel like an eternity to you but really it won’t be.

Don’t rush your answer.

If you need time, ask a clarificatiry question to ensure you understood where the judge was going with it.

Remember to breathe.

Thank you, and yes to pausing! In my experience the best advocates are not at all afraid to pause thoughtfully before answering an unexpected question.

I think Judges and other advocates are very used to people needing to pause for a moment to collect themselves and think for a moment. It’s not a no no and do not worry if you need to. I find the court atmosphere amazingly forgiving. Best of luck!

Thank you. And yes, I have actually found most judges perfectly pleasant to work with.