6. How will I cope if I have to go to
court?
Unfortunately some couples will only
reach agreement by obtaining court orders argued
for at court with or without legal representation.
This is understandably worrying as most people have never
been to court before and have no idea how they will react
in such an alien place.
If you are preparing for a court
hearing, how can you best prepare for a court appearance
and obtain the best outcome?
Just imagine - you've never been in court
before. You don't know what to expect but images of legal
wrangling and bitter disputes fill your head. You know
there's a good chance you may break down. You may even
forget your story because deep down, whilst you know
you're right, you also know that if you lose, you'll lose
a lot and you can't even bear to think about that.
Who supports the
person in court? If they're lucky they'll find
some support from:
- Family. But they'll be
worried too and this may exacerbate feelings of
anxiety.
- Friends. Have their friends
been to court? If they have, what was the reason for the
appearance? Was it similar? Are their platitudes designed
to genuinely help their friend, or remove themselves from
an uncomfortable situation?
- Their
lawyer. They'll be focusing on the
legal aspects.
Many people initially feel confident
because they know they are 'right' not fully appreciating
that they are going to court because the other side will
also be confident about being 'right.' They don't realise
that the judge has the unenviable task of deciding who is
the most 'right' - based on the facts in front of the
court. The reliability of these facts may be dependent on
a witness giving clear, factual and honest answers to the
questions.
Simple? It should be but many people are
thrown by rigorous cross-examination which sows doubt as
to the evidence in the mind of both the person being
questioned - and the judge.
We provided Julian with support for his court appearances in
2007 after he told us 'I want to present myself in an
attentive way; I need a best possible outcome.'
Although being in court isn't easy, people
can learn techniques in advance to make
the experience more comfortable. These include:
- Being better
prepared in advance about court
procedure.
- Familiarising
themselves with the court in advance.
-
Learning techniques to deal with
emotions when they get flustered or confused e.g.
knowing when to ask for questions to be repeated to
give them time to think properly, or when to ask for
a break before getting sidetracked or
angry.
Because courts are an alien place for
most people it is hardly surprising cases often fall down
because of the under performance of the client on the
day. People under-estimate how different they will feel.
They expect their lawyer to help them but their lawyer
will prepare their legal case, but isn't normally trained
to help them prepare emotionally, or afterwards. How many
people do you know who still hark back to a court hearing
or litigation from which they haven't moved on? If they
didn't 'perform' as well as expected they may continue to
beat themselves up, unable to put it behind them.
Afterwards our client Julian said: 'It calmed me down..and
helped me feel better about my legal
case.'
If you recognise a need for
more help in court than your lawyer is able to give, or
of you are managing your own case, then
itsMYdivorce
offers help and support for anyone facing a court
appearance to improve their performance in court and
their chances of success. Coaching is focused on the
personal experience in court, how the individual and
their family are affected by it and how to cope with the
process. It provides them with techniques that prepare
them emotionally, psychologically and physically for a
court appearance.
It's important to note that we prepare clients for their
experience in court and we undertake not to discuss the
evidence or detail of the case at any
time.
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