With many people unable to afford legal
fees in family law matters, there are more and more self represented people in
the courts.
It can be daunting if you have never been
in a court process to go to court, let alone stand up and represent yourself.
Many people though do find they are forced into this situation from a financial
point of view. Not being critical of lawyers, not many people have a spare two
or three thousand dollars to pay a lawyer or barrister to appear on their
behalf in family law proceedings, let alone the other thousands of dollars it
costs to prepare documents. Financial reality leads to self representation.
If you find yourself in that situation you
might appreciate some of these tips before your next (or possibly your first)
court appearance.
- Wear smart clothes. Ever heard of the saying ‘the clothes makes the man’? It is true. If you look good you will feel good and project a more positive image about yourself. Turning up in thongs and tracksuit pants will do nothing for you or your case. There is no need to go to the extremes of wearing a suit if you don’t feel comfortable in one. Smart clothes can be casual pants (even jeans as long as they are not full of holes) and a shirt. Taking care of your appearance when going to court lets the judge know you are taking your case serious.
- Follow court etiquette. Firstly you turn your mobile phone off as soon as you get into court. Don’t turn it to silent, but turn it off. You should also follow directions like standing when the court officer tells people to stand and you should not be having a conversation with someone during court.
- Remember to be courteous. The judge is there to do a job and his/her job will be easier if people are polite. If you feel you are not being listened to try saying what you have to say differently.
- Depending on what court you are appearing and what type of court event it is you should address the judge as Your Honour. If you are in a court event overseen by a Registrar, you will address them as Registrar. If you are not sure ask someone.
- Don’t interrupt the judge or the other side when they are speaking. You will get your turn.
- Try not to sneer, laugh or show other emotion when the other side is saying something you do not agree with. Practice passive facial expression before court.
- Try not to be too wordy. If the judge asks a question that can be answered with yes or no then do so.
- Last but not least remember stay calm. If things don’t go your way you cannot/will not improve them by getting angry. Get legal advice if you think a decision has been made against you unfairly. There maybe appeal processes available to you.
This is by no means an exhaustive list and
only meant as a guide to those who are contemplating going to court as a self
represented litigant.
You should visit the family court website
for more information or the federal circuit family law.
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