It is very important to make a good impression on the judge. Since your case has now reached the court, it becomes very important that how you prepare yourself in order to present your case. Generally, the most important and viable solution in order to reach problem of preparing yourself is to watch a court case. In India, courts are open to public. you must attend the court proceedings in order to prepare yourself for the real-life situation. However, there are some tips and tricks to go about the preparation.
Know the Facts
The first one is to know the facts of the case. This means that as a lawyer or if you are the part representing your own case, the facts and all the related details must be crystal clear. There should be no confusion among the facts and the circumstances (if any). This also includes the careful reading of the complaint. The complaint document is one of the most important document because it is directly placed in front of judge. The judge will surely expect an answer for all the allegations as noted in the complaint. It becomes very important for any side of the case being the prosecution or defendant to prove or to disprove the alleged. For this, you must be well acquainted with the complaint and the documents attached to it.
Once you are well acquainted with the complaint. You must know the kind of evidence which will be admissible in the court of law and also which evidence will be needed to prove or disprove the statement.
One of the important points during a case is that, the prosecution and the defendant tells their side of the story. Therefore, you must ensure that the complaint incorporates all the key elements of the story and you, in any way, are not on the disadvantageous way.
Analyse your case
The next important tip is to know the law. In simple words, you must know the application and interpretation of the concerned sections. This will help you in analysing the strength and the weakness in your case. Also, it is of utmost importance to know the priority issues which will help you to be successful. Also if you are the plaintiff what you must prove in order to be successful. If you are the defendant, review what the plaintiff must prove. Look at each of the elements that the plaintiff must prove. For each of these elements, write down the weaknesses that you can exploit to undermine the other side’s case. Be honest with yourself. If the plaintiff cannot prove all of the elements of the case, he/she will lose. On the other hand, if there is a good chance the other side will win, look at what you can do minimize the damage award. Also, you can list down those gaps which in the statements of other side’s witnesses. Prepare your argument according to the contentions of the other side. The arguments must be logical and it must describe the evidence that supports each point. Remember nothing should go against you.
Collect and Organise your documents
The next important point during the course of preparation is to collect all the important documents. The documents must be read well before the trial of the case. Make a list of what information you have and what information has to be taken. These documents must be organised for maintaining your clam. The collection and preparation of documents includes preparation of a number of sets. This contains the original documents and the copy of original which you wish to give to the judge. They should be organised and in order. You can also highlight the important points in your set of documents. This will showcase your confidence and involvement in the case, also mentioning the same will attract the undivided attention of the judge. The organisation of the documents is a necessary exercise.
Prepare your evidence
This point is of utmost importance. A good witness is the one which supports a key legal point of the case. The witness should have seen, heard or otherwise experienced whatever you want the witness to prove. You do not want to use someone who knows about the problem or incident only because you told them about it. They will not help your case. Also, keep in mind the witness have credibility before the law. The witness must be well versed with the case and with the issue upon which he will be conscious. Sometimes, the witness does not understand the gravity of the situation, so it becomes important to make him understand what he is supposed to provide as evidence. Also, you must prepare them with the basic court manners and etiquettes.
Remember that you are praying the court for justice or what is just to do in a given a situation. Not to forget to attach the prayer, the document which is of utmost importance.
In the part of speech and pleadings, during the trial, it is advisable to pen down the key legal points and not the entire script. This makes it easy for you in the court. The understanding of the case and the prior practice of how you are going the take around your story is essential. Your presentation skills matter the most because judge has no time and it depends solely on you how you grab his attention in a given span of time.
Focus on the party you are representing
You should be conscious of the side you are representing i.e prosecution or the defense. In case of prosecution, you will be the first to address the court and present your side of the story. Try to put before all the legal points which you need to prove and the points must be complimented with strong evidential backing. On the other hand, if you are on the defense side. Focus on the important points only. You should be well prepared with all the contentions that were raised by the opposite party and estimate the worth of your points. This will be very helpful in knowing the chances of your success.
Don’t forget your manners and basic etiquettes as a human
You must be polite to the other side and your client as well. You must not forget that everyone needs to be respected. The profession of law is meant for social work and you are a social worker. Don’t try to take help of unlawful means and try to be as just and fair as one should be. Be conscious that your actions don’t portray a bad image of the entire profession.
These are some points which can be looked upon for preparing yourself to present a case.
This article is written by Chinmaya Gupta, Third year, BBA.LLB student of Symbiosis Law School, Noida
Also Read – Can Accused Argue His Own Case Before The Court?