Demeanor and Behavior in Court

Last December, I posted an article entitled “How to Dress for Court – Do’s and Don’ts“.  Today, my article will focus upon proper demeanor and behavior at court appearances.  I will first discuss the basic “To Do List”!

The “To Do’s”

  • It is imperative to be on time!  If the hearing is scheduled to take place at 9:00 a.m. you should be present to meet with your attorney at least fifteen minutes early. If you don’t know where you will be going, it might be a good idea to make a “trial run” beforehand.  Just don’t be late…it is not excusable by the Court for a party to be “tardy” for a hearing before the Court.
  • If you have babies, toddlers, or young children, please find a babysitter or day care center to provide for their care.  Our Courts can be crowded and the waiting areas and Courtrooms are not comfortable or conducive places for having young children. Further, you may be asked to make some important decisions at the time of your hearing.  Having a baby or toddler who may be “fussy” or “irritable” may distract you with the decision-making process.
  • If you are already involved with
… Read More... “Demeanor and Behavior in Court”

In Camera Interviews of Children in Divorce Court

camerain.jpgWhat is an in camera interview? The phrase “in camera” is a Latin term defined in Black’s Law Dictionary as: “In chambers; in private.”  The interview does not involve a camera or a videotape at all!  If a party is asking for the Court to have an in camera interview of a minor child, the request is for the Judge or Magistrate to interview the minor child privately with neither parent or his/her attorney being present.  An Appellate Court in Michigan said it very well years ago . . .

“A child custody determination is much more difficult and subtle than an arithmetical computation of factors.  It is one of the most demanding undertakings of a trial judge, one in which he must not only listen to what is said to him and observe all that happens before him, but a task requiring him to discern and feel the climate and chemistry of the relationships between children and parents.  This is an inquiry in which the court hopes to hear not only the words but the music of the various relationships.”  Dempsey v. Dempsey, 96 Mich. App. 276, 289 (1980).

What is the goal of an in camera… Read More... “In Camera Interviews of Children in Divorce Court”

How To Dress For Court – Do’s And Don’ts

courtdress.jpgThe date for your “non-contested” divorce hearing or your dissolution hearing has been set.  What is the appropriate attire for Court?  First, it is most important to recognize that the two (2) hearings set forth in the first sentence indicate that the case has been “settled” or “resolved”.  Basically, this means that neither party will be testifying against one another and that neither party has a large stake or investment in the Court’s impression of either party.

FOR MEN: A nice pair of slacks and a dress shirt or golf shirt would be appropriate. A sports coat or suit may be worn but certainly is not required.  Shoes and socks should be worn as “flip flops” are prohibited.  Likewise, it may be ninety degrees (90°) in August and hot/humid, but shorts are not permitted to be worn in the Courtroom. Other prohibited articles of clothing include tank tops, tee shirts, shirts reflecting foul or vulgar language or politically incorrect language, and hats.

FOR WOMEN: A dress, skirt and top, or slacks and a nice top would be appropriate. As in the paragraph above, it would not be appropriate to appear in Court in shorts, a halter top, or … Read More... “How To Dress For Court – Do’s And Don’ts”

10 Ways to Alienate the Judge

no_phones.jpgJudges are particularly annoyed by lawyers (and their clients) who:

  • ignore the rules of court;
  • fail to prepare;
  • arrive late;
  • repeat themselves;
  • act rudely;
  • make frivolous arguments;
  • mislead the court;
  • argue with the judge;
  • refuse to talk settlement; and
  • request a last-minute continuance.

I can add a few from my own experience:

  • allow your cell phone to ring while in court;
  • dress inappropriately;
  • interrupt other people who are speaking;
  • chew gum while in court;
  • bring a baby or child to court; and
  • generally act belligerently without proper decorum.

Source: “Sure-Fire Ways to Alienate the Trial Judge”, Excerpted from Convincing the Judge: Practical Advice for Litigators , by Cecil C. Kuhne III