The truth is, it depends. The likelihood is high, however, that it just may not go as you expect and you’d be wise to be prepared for that.
What do I mean? It depends what the matter is scheduled for. Is it a first appearance? You will be returning if so, and possibly multiple times before the matter is concluded. Understand your attorney knows what they’re doing if a postponement is request but certainly, ask questions about that every time.
Is it a trial? Prepare for it to take longer to start, last longer than you anticipated, require more returns to the courthouse to complete and not necessarily on consecutive days, and anticipate the possibility that the final decision may be received much later than you’d like. To make matters worse, even then it may not be over if one party (or both parties) decide to appeal the decision. Of course, that can happen even if your matter concludes more quickly, thereby dragging it out even longer.
Litigation is not for the weak! That is why, as may already know, most cases settle. Trying to settle prior to appearing in court is beneficial because it greatly can reduce and even eliminate much of the stress surrounding the unknown of a trial. It also allows parties to control the outcome more.
This is not always possible; some parties, or their attorney, may not always be interested. Some people just need their day in court. Don’t despair if your case hasn’t settled prior to court – many cases do settle in the courthouse, and sometimes even after the trial has begun.
What is most important is that in the days, weeks, months, and sometimes years leading up to your day in court, you have chosen an attorney you trust, with whom you’ve shared all relevant information and with whom you’ve actively communicated all of your thoughts, ideas and goals for the case. The better relationship that exists between you and your counsel, the better you will feel throughout the process and the more thoroughly your attorney can properly prepare your matter.
I remember an older colleague at my firm asked me one day what my court schedule was for the week, and what my plans were for the cases assigned to me. I answered in great detail, and it took some time. He was a well established and very busy trial attorney, and I finally said, “What about you?” He smiled and said, “I have no idea.” Shocked, I wondered aloud, how could that possibly be? He explained that despite the planning and preparations, nobody knows what will happen until we get to court. It’s good to know before you go.
So, if you can’t settle your case prior to court and must proceed to trial, here are a few tips:
- Be on time.
- Bring water and some snacks.
- Prepare to be there longer than you’d like.
- Like and trust your attorney and continue to communicate your thoughts and reactions to what’s happening.
- Wear comfortable clothing in layers.
- Bring work and/or reading materials for down time.
- Be open to settling even after the case has begun.
- Be open minded to how the case is proceeding – if it isn’t going as well as you thought it would, assess where you can compromise now where you may not have been willing to before this point.
- Depending on the type of hearing it is and what’s at stake, fight hard for your position if it seems the judge/jury is understanding your message and you’re getting the main points through so as to win.
- Look for signals from the judge – your attorney can advise you which way he or she seems to be leaning based upon questions asked by the judge or comments on decisions made by the judge related to interim motions or evidence issues.
- Make sure you’re just as prepared as your attorney. One of my best weapons is a prepared and wise client.
Tama Baran 