There are some things I have told clients so many times I think I could repeat them in my sleep.  This tops that list.  (While this is largely for criminal cases, much of it also applies any time you walk into the courtroom, whether in a domestic relations case or personal injury or breach of contract.)

    When you appear in court, remember that everything the judge or jury hears about you is first filtered its impression of you based on your appearance, demeanor, posture and speech.

    If you simply dress well and present yourself properly, it will do wonders to reduce the risk of being convicted if your case goes to trial, it will help persuade the prosecuting attorney to offer a favorable plea agreement, and it will help persuade the judge to go light on you at sentencing if you are convicted.

    It is impossible for me to over-emphasize the importance of this.

    One of the three reasons O. J. Simpson was found not guilty in his murder trial was his appearance.  Jurors simply looked at him, and the way he behaved in the courtroom, and that in combination with their pre-existing image of him from all of his media appearances over the years caused them to believe he simply couldn't have murdered two people.  (The other two reasons he was found not guilty were that he had a very good defense team, and the prosecution did a piss-poor job.)

    What the appearance and demeanor do is essentially cause the fact-finder (the judge if you have a bench trial and the jury if you have a jury trial) to require a higher level of proof — to actually require proof beyond a reasonable doubt, or at least something close to it, just as they are supposed to for everyone.  (They are supposed to do this, but the reality is that for defendants who make a poor impression, they may require very little proof.)

    Also remember that judges who believe someone in a case does not respect the court is inclined to demonstrate who is in control in the rulings on the case --   in other words by deciding against the person the judge feels is showing the court no respect, and to decide against them very harshly.  The judge is not necessarily doing this consciously, but it happens and it can be very painful.
 

APPEARANCE:
    I don't care if you normally wear nose rings, dye your hair green, only take a bath once a month, and always wear unusual clothes... if I am going to represent you, you are going to tone things down and dress yourself up.

    Don't use your day in court to make some sort of social or political statement.  That's not the reason you are there.  I have often seen folks charged with marijuana possession come into court wearing T-shirts with big silk-screened pot leaves on their chest.  Now, if you come to court like this to make a statement, that's one thing.  But these folks were not making a statement, they merely pulled the wrong shirt out of their dresser drawer.  They might as well have come to court with a tattoo on their foreheads in big read ink saying "I AM GUILTY AND STUPID — SEND ME TO JAIL."

    Dress as if you are going to church.... better yet, dress as if you were going to Jerry Falwell's church.  Shoes that will hold a shine (NO tennis shoes!).  For men a suite and tie — nice CONSERVATIVE suits and ties.  If you do not have a suite that fits and looks good on you, BORROW ONE.  If you can't find one.  Dress slacks and a conservative sports coat.  No loud colors and no loud styles.  Men should wear no visible jewelry around their neck, on their ears or on their faces.  Men also need to be clean shaven and cut their hair so it is off their ears and off their collars.  No, I do not care it you have not cut it in the last five years and it is part of your identity.  I am trying to keep you out of jail, not to help you with your identity.

    For women, flats or pumps — no boots or heels (unless you are wearing them to show what you had on at the time of your arrest).  Nice conservative dresses or dress suits or pant suits.  Nothing suggestive.  Nothing showy.  Remember that you are NOT dressing for a date or for a night out in a club — you are dressing to cause a judge to think you are a conservative, responsible person who never would have done what you're charged with.  I once saw a very attractive young woman wearing patent leather boots to her knees, a miniskirt that hit her mid-thigh, and a see-though blouse kept legal by a vest that covered as little as possible while still avoiding arrest for indecent exposure.  The way she was dressed and looked she would have drawn the attention of nearly every man in a bar if she was out for the evening... but she was not out for the evening -- she was in court, and dressing like that hurts in court.

    When you get ready to go up in front of the judge, leave any coat or jacket you have worn into the courtroom where you were sitting beforehand.  Do not wear an overcoat or similar jacket when you go up in front of the judge.  Likewise, no matter how hot it is outside, or in the courtroom, you will not wear shorts or cut-offs or T-shirts or tank-tops.  This is not a casual matter and you need to demonstrate your understanding of that through your appearance and behavior.

    If you can't do these things, save time and do not use me as your attorney.  I have told clients for years now not to come to court wearing dirty tennis shoes, blue jeans with holes in them, on a black Megadeath T-shirt (Megadeath is a particularly offensive heavy metal band.)  I once had a client who despite this advice came to court with worn out blue jeans with holes in the knees, filthy, ratty looking tennis shoes, and a black REO Speedwagon T-shirt (REO Speedwagon being a more mainstream rock band).... and before the case was through the judge ordered him to jail for contempt.  Though the judge would never admit it, I believe that was in part because of his appearance.  I successfully talked the judge into allowing him to stay out of jail, but before we left the courtroom I told my client he would need another attorney for any other matter.

    Bathe and comb your hair.  It is sad that anyone should have to be told any of this, but the number of people who come to court looking like they just slept off a good drunk indicates it is needed.

    But always remember what you are in court for when you dress for court.  While you generally will want to "dress up" if you are charged with criminal conduct, if you are in court for contempt for alleged failure to pay child support and you are going to try to persuade the court you paid as much as you could but simply did not have the money... don't come to court in an Armani suit.
 

POSTURE:
    If you are sitting in the courtroom, sit straight up, pay attention, and look at the person who is speaking.  Either have your hands on the table in front of you or on your lap, or writing on a legal pad if you want to take notes or tell me something.

    If you are standing you will stand in one of only three positions.  (Pretty much the "at ease" position in the military.)  Unless there is some physical infirmity making it impossible for you to do so (and if so you need to let me know in advance), you will stand straight, with your head up and your shoulders back.  Your feet will be directly beneath your shoulders and you will have your weight evenly distributed on both legs.  Your hands will never be clenched or making any sort of gestures and will instead at all times either be open and at your sides with your arms down, or you can gently clasp your hands together below the waist with your arms still hanging all the way down either in front of you right at your groin or behind you.  Your hands will never be in your pockets, on your hips, behind your neck, clenched, or with your hands across your chest.

    You will also never lean against the judge's bench or put your hands or arms on any counter in front of the judge's bench, though you can use any counter to set paper on to write notes to counsel or to suggest questions.

    Also if we are standing make certain you stand to my outside -- in other words so that I am standing in between you and the other attorney.  If you need to tell me something that you need to get to me quicker than by writing a note, whisper it to me in my ear, making certain you never speak loudly enough or in a manner that would let anyone else in the courtroom hear you.
 

GENERAL DEMEANOR:
    You need to keep absolute composure at all times.  If you're charged with an offense involving violence or loss of control, and you lose control in the courtroom.... well, you just convicted yourself.  Even if you are not charged with an offense involving violence or behavior that is out of control, this kind of behavior will seriously hurt your case and anger a judge or jury.

    Avoid over-reacting.  Don't even gasp in shock or outrage if a witness lies.  Don't call anyone a liar.  Don't roll your eyes or shake your head in disagreement.

    Simply keep cool, listen to the testimony, and write messages to me about the points you feel I should be aware of.
 

TESTIFYING:
    More important than anything else -- tell the truth.  If you think the truth is going to hurt, make sure I know it beforehand, but never lie when you testify.  Not only is it perjury -- a new criminal offense all on its own -- but even the best lies are likely to be caught in the courtroom.  Cross examination is intended to catch lies, and the other attorney is going to be far more experienced in catching them, then you are in telling them.  If I know what the truth is, now matter how bad it might hurt, even if it's a criminal case and the truth is you did exactly as charged, I can cover your ass.  I can bring out evidence so what you did does not sound so bad, or try to keep out of court the evidence that would be needed to convict you, or not have you testify, or take any variety of legal maneuvers to essentially hold a shield up over your ass.  But if I don't know what the truth is, I have no idea where to hold the shield, or may end up hanging you myself with evidence we present, or fail to object to certain questions or evidence that would show guilt, but which doesn't concern me because I've been led to believe you are not guilty.  Additionally, if you are caught in a lie, or if a witness we put on is caught in a lie, you are almost certain to lose, no matter what kind of case it is.  This is a simple reality of the courtroom.

    Beyond telling the truth, listen to the question.  The entire question.  Then answer the question, and only answer the question.  Don't wander off on other topics.  Don't try to avoid answering -- this kind of evasiveness makes it look like you're trying to hide something, like you're a liar, and like your guilty.

    Answer simply "yes" or "no" if possible.  If a question is asked that simply calls for a "yes" or a "no", answer with a "yes" or a "no" and if you want to explain you answer after that go ahead and do so.  If you are afraid your answer might be cut off after just the "yes" or "no" and you want to make sure the full answer is heard, start off by saying "I need to explain my answer, but _____.  Now, to explain that......" and then put a "yes" or a "no" in the blank, and finish the remainder with your explanation.

    Once you have answered a question fully, shut up!  Opposing attorneys will sometimes wait after you've finished answering, just to see if you might blurt something out that helps them.  And often witnesses will foolishly fall into the trap, behaving the way they might if they were sharing coffee with a friend, volunteering something to fill the silence.  Don't do that.  You and the attorney are not having a friendly chat, and testimony you innocently toss out as if it were a simple conversation, can easily be the testimony that sinks a case.

    If you don't understand a question or are afraid it asks more than one thing at a time, say you don't understand it the way it's worded or ask whether the attorney (or judge) asking the question wants you to answer "A" or "B"... but don't get cute about this.  You are not there to impress anyone with your intelligence, you are there to get the judge or jury to decide in your favor.

    Speak clearly and pause before responding to any question.  An opposing attorney may try to control your testimony by controlling the pace or speed of your testimony, and in the process guiding you to say something that you really would not otherwise.  Remember that no matter what the other attorney does, as long as you are testifying, you control the pace.  It can't move any faster than you answer the questions.

    Don't mumble and do speak up loudly enough to be heard.  Your testimony can't help if it isn't heard, but just in case you think this might be a good way to keep damaging testimony from doing in harm (answering so quietly you can't be heard), keep in mind that speaking too quietly is often taken to mean you are hiding something, meaning a judge or jury is likely to listen all the more closely if the testimony is harmful and your quiet tone will just call attention to the fact.  Additionally, if you do not speak up, it gives the other attorney the chance to ask the question again to make sure the answer was heard, meaning that by speaking softly and hoping no one would really hear, you are likely to end up underlining the testimony that is most harmful, and if the testimony is helpful, speaking too softly is likely to end up never being heard.

    Speak into the microphone if there is one.  Don't chew gum, and keep your hands away from your mouth.

    Don't exaggerate.  Exaggeration ends up sounding like a lie, meaning it hurts the rest of your testimony.  If you are an injured plaintiff in an accident case, be careful not to over-emphasize the care you took to watch for your own safety -- "ordinary care" is all the law requires.  And don't exaggerate an injury.  Plaintiffs who claim they "can't even walk out to the street anymore to get the mail' who were caught on videotape a month earlier mowing the lawn have just destroyed their entire case.  Judges and juries understand that pain may be worse some days than others and that it may not always keep you from doing things, but if you testify it does, and they show a videotape proving that it hasn't.... your case is worthless.

     Remember that your answers should show respect to the person asking the question, even if they don't deserve it.  In addressing the judge make sure it is "Yes, Sir" or "No, Sir" or "Yes, your Honor" or "No, your Honor."  It will never be "unh-huh" or "hun-huh", nor will it be "yep" or "nope", or even "yes" or "no."

    If an attorney makes an objection, stop your answer (or wait to answer) until the judge rules on the objection and tells you to continue.  Often the judge will not actually tell you to continue but will simply say "Sustained" or "Overruled" or "Denied."  If the judge says "Sustained", it means you are not supposed to answer that question and you need to wait until the next one.  If the judge says "Overruled" or "Denied" the judge wants you to continue and to answer the question.

    If you get lost in an objection and the attorneys arguing over it, simply say you're not sure what the question was and ask the attorney to restate or to re-ask the question for you.

    Never look away to your attorney or anyone else before answering a question from the other side.  Doing this will make it seem you are being coached.  Also avoid looking to a jury when you answer each question, because this can make then feel that you are simply playing to them and cause them to doubt your testimony.

    Simply listen to the question, pay attention to the person asking the question, and answer the question.

    Don't let the other attorney goad you into losing your temper or getting angry or arguing with him or her.  If they get upset, let them, but do not respond like that.  If you keep your composure, it makes them look bad, it makes them look desperate, and it makes them look like they are trying to beat you up, and will create sympathy for you as long as you maintain your composure.  Lose your composure and it makes it look like you did what they are claiming and you're trying to hide it.

    Always remember that if you do not know the answer or once knew it but don't remember the it when you are testifying, you can answer "I don't know" or "I don't remember."  And keep in mind the difference between the two.  Do not say you don't remember when you actually never knew.

    Use proper English.  Clean up your speech.  Use proper grammar, no slang, enunciate each word, taking care to pronounce words properly.  Do your best to completely eliminate the following words from your vocabulary while you are testifying: any curse words (they show disrespect for the court); "like" and "ya know" (if I do know, you don't have to ask or to say "ya know" and if I don't know then you need to explain yourself, and "like" as in "he said, like, that he wanted to..." makes you sound as if you're a valley-girl -- in other words as if you are an idiot); "dude" (it make you sound as if you are a gang-banger, in other words as if you are an ignorant petty thug who hangs out with drug dealers).

    Avoid indefinite pronouns.  When you use the pronoun "I", it's perfectly clear who you are referring to.  But if you use "he" or "she" or "they", it is often unclear who you mean.  Whenever possible refer to people by their names to allow everyone keep track of exactly what you're meaning.
 

FOLLOW THE ADVICE.... OR GET ANOTHER ATTORNEY:
    I take great pains to control the behavior and appearance of my clients in the courtroom, much more of an effort than most local attorneys.  This is not because I actually care how you look... but because I do not like to lose, and I know your behavior and appearance make a big difference in what happens to you in court.

    If you can not follow the advice here, please save everyone grief and do not ask me to represent you... because as soon as you fail to follow it I will withdraw, without any refund of your retainer.  I will not waste my time trying to help those who refuse to help themselves.
 

PREPARATION:
    Remember that it's okay to speak with your attorney before trial to prepare, and it's also okay for your witnesses to do the same.  If they ask you whether you've gone over your testimony with me beforehand, answer truthfully.  If they ask you if you were told how to testify, remember that the one and only thing I will insist from you, from any witness, is that you testify truthfully.

    I have videotapes at my office I would like you to look at before trial to further prepare you, and I also have a video-camera I use to run witnesses through mock testimony so they can look at themselves to see just how they come across.  This is often crucial in helping a witness learn how to present themselves well.  If the case is going to be a jury trial, I may want to prepare you for testifying by videotaping a dry run and then reviewing it with you to help with your presentation -- not to change your answers, but to help you understand how to sit, speak and generally behave for the courtroom.
 

CHILDREN:
    Leave them at home.  They do not belong in the courtroom, and you need to have your attention focused on what is happening in court, not on a restless child.  Bringing a child to court shows disrespect to the court, is likely to irritate a judge, may cause your attention to wander and miss crucial points in a case, and is bad for the child.  Find someone to take care of them.
 

BE ON TIME!
    Courts don't always start on time, and attorneys very often run late (often because we have several matters scheduled on the same day), but if you are scheduled at 8:30 a.m. or at 9:00 a.m. and you get there at 8:35 a.m. or at 9:05 a.m, and the court already called your case, the judge may have dismissed it if you were the plaintiff, ruled against you and given the other side what it wants if you are a civil case defendant, or revoked your bond, ordered you arrested, and ordered new criminal charges against you if you are a defendant in a criminal case.

    And you aren't likely to learn what has happened until you have sat there all morning or all afternoon and the court asks who else has any business with the court.

    Failing to be there as scheduled is a serious mistake.  You make think being five minutes late doesn't matter, and the odds are that the court will not call your case immediately, but if it does, you will suffer serious consequences by being late.

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