The 10 Biggest mistakes made by witnesses in Family Courts

1. Lie

When you give evidence in Court you are under oath.  Lying under oath is perjury.  That is a criminal offence.  The lawyer for the other party is doing everything they can to make you out to be a liar.  It usually works.  Lying about a small thing can have a significant adverse impact on the rest of your case.  You need the judge to believe everything you say.  If you are caught out in a lie it destroys your credibility.  

2. Try to second guess what you are being asked

Lawyers are generally very smart.  Their sole objective is to unravel your case.  Some of the biggest train wrecks I have seen in Court have been where a witness tries to second guess where the lawyer is going with the line of questioning.  The results are usually disastrous. 

3.  Acting smug or rudely to the lawyer acting for your former spouse

If your former spouse’s lawyer is trying to paint a picture of you that you are not a particularly nice/trustworthy/honourable person, getting angry or smug when giving evidence is only going to help them build that case.  Be polite, maintain eye contact and answer the question that is being asked of you.

4.  Argue

Argument is for the lawyers to take care of when there is a point of evidence or when closing submissions are being made.  If you are representing yourself, that is when you make your arguments.  Arguing with the lawyer who is questioning you does nothing to assist your case and in fact, is likely only to assist the case of your former spouse.

5.  Answering a question when you don’t actually know the answer or understand the question

It is perfectly acceptable for you to ask for a question to be clarified if you genuinely do not understand it.  Sometimes lawyers go off on a tangent in the middle of asking a question so that even the other lawyers in the room don’t understand the specific question being asked. 

If the Judge or another lawyer interjects, be quiet and wait for the question to be asked again.  This does not mean be difficult and deliberately evade every question.  But it does mean making sure that you actually understand the question that is being asked of you.  If you are able to answer it, do so.  If you don’t know the answer, say “I am sorry, I don’t know”.

6. Ignore the question that is being asked of you and use it as an opportunity to tell your story

The time for telling your story is in the affidavit of evidence-in-chief that you put before the court.  That is the point at which your case is at its highest.  Sitting in court in the witness box is not an opportunity to tell your story again or add to it.  It is the point at which your former spouse’s lawyer tries to unravel your story.   

7.  Give lengthy answers explaining yourself

The right answer to questions under cross-examination is the

• best
• simple
• honest

      answer you can give. 

Sometimes that will be a mere “Yes”.  Sometimes it will be more.  Beware saying too much as the more you say the more opportunity there is for you to be tripped up.

8.  Don’t worry about what you wear

The clothes you wear to court should be your “Sunday Best”.  Hats should be removed.  Mobile phones must be switched off.  Airport security is in place and no recording is allowed.

9.   Have a bunch of people come and sit in the back of the courtroom as your cheer squad

It is usually unhelpful to have a large number of supporters in the court room.  The Judge will look at those people and their behaviour can adversely impact on your case.  

If anyone does come into court with you, they have to be able to control themselves and maintain a “poker face”.  If they cannot do that, they should stay out.

If they will be giving evidence in your case, they cannot come into court until after they give evidence.

10.  Avoid eye contact or look only at your lawyer

You should address your answers to the person asking you the question.  That may be your former spouse’s lawyer, your lawyer or the Judge.  Turn to look at the person when you answer the question and show respect toward them.  

You do not have to like any of the other people in the court room but you will go a long way if you act in a respectful manner.

Summary

Hopefully this gives you an indication of just how stressful being in court can be.  It is not pleasant.  Most lawyers would hate to be cross-examined!

There are alternatives to litigation such as mediation and Collaborative Practice.  Before heading towards the courtroom door, talk to a Collaborative lawyer or mediator.

If you would like more information about Collaborative Practice, please contact me.