If you were going to court, what would scare you?

[HBStowe]

(I know IABU for using AIBU for traffic, sorry)

I’m a lawyer and I’m putting together a guide for my clients who have to come to court to give evidence in civil matters. Lots of them understandably find this nerve wracking, and I want to put together a kind of FAQs to help alleviate this anxiety.

I have a glossary of terminology and a couple of sections about what to wear and how to address the court.

What else would you want reassurance on if you were giving evidence in court?

That you dont have to face people if you dont want to. Sometimes a screen can be put up so only the judge and jury can see you and not the persons/people you are giving evidence against/for.

I think it's very very very poor form when people on jury duty are shown pictures of murder scences and injuries. Most of them are just ordinary everyday people no where near eqiuped to deal with such trauma. Even fully trained police officers and paramedic often need counseling for some of the horrors they see.

I think that’s so true - there is far too little support for jurors. I only deal with civil cases by my poor mother in law was a juror for a really awful child rape case, and it caused her a huge amount of genuine grief. The judge was really kind about them in his judgment and said how well they had conducted themselves but beyond that there was no real support.

I don't know if you would be involved in different locations/courts, but I would like to know practical things - where I would have to wait, where the loos were, could I get a drink/food etc. I appreciate that may be different for each court.

Also what sort of times the court operated.

What happens if I feel intimidated by the perp. What are rules re talking to other witnesses while I wait? What do I do if I'm panicking on stand? What kind of questions will other counsel ask me (know that'll be different depending on witness and case)

Defence lawyers, they are fucking pricks and whole purpose is to break victims

I'm a police officer and I still find it intimidating!
As far as I'm aware OP, special measures for vulnerable witnesses (DV cases etc) are hardly ever given, I always complete the form as a matter of course but I don't believe a lot of them are granted unless in the most extreme cases, although please tell me if I'm wrong?
From a police perspective, we now have been told we have to sit in the communal waiting area, rather than scuttle off to our old private room. I can see both sides - the court want more of a police presence but it does mean that last month I was sitting opposite the defendant who had spat at me, and he was talking to me about the case, which I don't think is right.
For victims, I wish there was more funding for VOICE and victim care services.

I got one day away from testifying against a murderer. He finally pleaded guilty thank goodness. The thing that scared me was that the documents had my address on them and the Police seemed very lackadaisical about privacy and safety.

How to address he Court I know but many don't and it's really important. Having supported others, I'd say that the thing I impress on them is to tell the absolute truth. Say, "I don't know' if you don't and don't embellish or philosophise.

My DH does something legal and it’s a never ending source of frustration for him that people don’t understand they can’t just wander off or try to duck into a more interesting looking hearing. Some expectations around how long they’re required to be there and what they can and can’t do generally in the court not just the courtroom might help.

You may want to ask for a title change. I think the key guidance for civil cases is ‘dont lie’. Witnesses often exaggerate when addressing the court not realising that it’s damaging the case. The judge can always see through it. They’ve seen it all before. At any rate, if the case could be won on the facts it probably wouldn’t have got past the summary judgement stage anyway surely? So lying wont help anyone but it will reflect badly.

Not really for civil cases but i would say the paparazzi and the devious lengths they go to, desperate people who are at the worse time in their lives being papped and splashed over the rag for a non story scares the begeesjus out of me.

Defence lawyers, they are fucking pricks and whole purpose is to break victims

Their purpose is to serve their client, innocent or guilty. Are prosecutors to be criticised too, for their attempts to “break” defendants?

I have Asperger's and would find it helpful to have a tour of the court beforehand or, if that wasn't possible, it would help to see photos of the different areas.

More help to avoid being intimidated :(

"a couple of sections about what to wear and how to address the court."

How about a warning that lots of the people involved are likely to be pompous and to any normal person the whole charade will seem arcane and ridiculous?

I think you should prepare people for having to wait around a lot, and also that when on the witness stand several people are looking intently/staring at them.

What is your preferred way of discussing the case with your client, esp on hearing days. How much guidance a lawyer/barrister is allowed to give. Common intimidation tactics of the other side and how to handle them.

I do these letters to my clients. Off the top of my head - a breakdown of how the process is likely to run on the day, pointing out the informality of proceedings in the sense that the judge doesn’t have a wig and gown (if appropriate), explaining the oath/affirm process, the layout of the room, where the parties wait beforehand (ie in separate rooms), the type of permitted XX questions/re examination, that it’s acceptable to address their answers to the judge and not the opposition (or even to just stare at the wall when giving answers if they’re uncomfortable) how quickly a judgment will be likely to be given, and pointing out the public gallery so if they are uncomfortable about any aspect they can go and view a public hearing beforehand. Recommend taking water bottles/snacks for longer hearings and a pad of paper and pens. Some of my colleagues offer witness coaching but I’m not a fan of that at all. Explaining if the court adjourns whilst their evidence is ongoing they cannot discuss the case and they remain under oath even for lunch breaks etc. Enclose a map of the area (or if your local court sends out information sheets, enclose that).

There’s probably more but that’s all I can think of for now!

Can you go to the toilet during the trial

I agree about the help to avoid being intimidated. I find our system completely inhumane. It's not about finding the truth, as it is in continental European systems, but who's got the most aggressive lawyer.

I still find it astonishing that prosecution lawyers hid evidence in the Sally Clark case and got away with it.

I would advise them not to take it personally when they're being questioned by the defence

I was in tears after I was questioned. I have never ever been made to feel so small before. He also tried to make out that me and the other witness (a male who I had never met before) knew each other, and he heavily insinuated something intimate was going on with us. It was bloody awful as I was his girlfriend's friend.

The whole experience is one I would never repeat. If anything serious ever happened to me I would think twice about going to the police. My experience makes me glad I never reported my sexual assaults.

I represented myself as I had a really strong case but I was shitting myself as I had no idea what would happen.

For me the guide should include (as far as practicable) a step by step guide of what will or may happen so your clients feel prepared. Feeling prepared makes you more confident and so less likely to fluff it on the day.

I went through the family court twice and that's my only experience. But despite it being because of domestic violence, I still had to sit with the perpetrator and was encouraged to be amenable and communicate with him which allowed him to manipulate me into giving him what he wanted rather than what was right for my child and myself. I have adhd and am on the spectrum but I come across as articulate and confident. I didn't know what people in the court rooms did, why they were there. I didn't know what I was meant to say and didn't know where to look. I had women's aid escorting me but I can't hear properly, it's mostly a processing issue and when I'm anxious it's like trying to hear someone speak with your head under water. I guess this isn't something you can write about, more that this was how I felt and what happened to me and if I could have been kept from having to see him at all, then I think I might have managed to comprehend things better.

I don't know if you would be involved in different locations/courts, but I would like to know practical things - where I would have to wait, where the loos were, could I get a drink/food etc. I appreciate that may be different for each court.

This. I've been to court and turning up with no idea of what was going to happen was terrifying. I didn't even know that my bag would go through a security gate and that the security guards would be so intimidating. I had no idea that the person I had helped the bring to court would be in the same bloody waiting area! Horrific.

This is amazingly helpful everyone, thank you so much for taking the time to respond.

I totally agree with the PP who said a lot of it appears arcane and ridiculous. I see lots of debt recovery cases where the debtors are representing themselves and I always think the gowns / language / modes of address etc are almost purposely creating a ‘them vs us’ scenario in which there is no equality of arms. I see no need for it, and I think lawyers who get hung up on the pomp and ceremony of it are spectacularly missing the point of what a court should be for.

I’m sorry so many of you have had such awful experiences, especially for divorce, DV and sexual assault cases. Our whole legal system is really urgently in need of reform.