DO's AND DONT's

Do's

• Thoroughly prepare before the hearing, referring to notes and documents.
• Ensure you know in which court you are to give evidence.
• Ask your barrister how to address the judge/magistrate/chairperson – all have different titles. If you forget, listen to how the barrister addresses the person. If you still forget, ‘Sir/Madam’ is always acceptable. In any event, it is essential you are polite, accepting the formality of your surroundings.
• Check with your barrister any particular points you or s/he wishes to discuss while giving evidence.
• Take time to calm yourself before you are called.
• Walk to the witness box with confidence, but not quickly.
• Whether sitting or standing, take time to make yourself comfortable and look around you to see where key people are and where files are placed as you will more likely than not be asked to refer to them.
• Think before you speak then speak clearly and using an even pace.
• Always address the judge/magistrate/chairperson when answering questions and do always keep in mind that it is the judge with whom you are effectively holding a conversation, not the barristers.
• Under no circumstances hold a conversation with the barrister cross-examining you as you will more likely be drawn into a discussion or argument, which is exactly what they want to happen.
• When you answer a question, turn to face the judge/magistrate/chairperson. I find it useful, when standing, to angle my feet towards the judge, but if you forget then simply turn towards the judge EVERY time you answer. Keep your answers clear and simple.
• Try and establish eye contact with the judge.
• Remember, judges etc hand write and it is important not to rush them. The old adage is ‘watch his pencil’. Pause where appropriate and let the judge catch up (he will nod, or say ‘carry on’).
• Ask the judge if you are unsure of your answer, or how best to phrase it.
• Ask for questions to be repeated if you don’t understand or didn’t hear.

REMEMBER – YOUR CONVERSATION SHOULD BE WITH THE JUDGE AND NOT YOUR COUNSEL OR THE CROSS-EXAMINER.

Dont's

• Feel intimidated.
• Feel afraid.
• Feel over-confident.
• Speak to other people about your evidence before you go into the witness box.
• Slouch when standing, or sitting.
• Speak quickly.
• Enjoin in an argument or discussion with the cross-examining barrister, or worst of all, try to score points as you will surely lose.
• Be aggressive or bolshie for the same reason.
• Be put off by delays of any kind, courts can be very slow.
• Mumble or ramble.
• Guess or speculate.
• Worry about not knowing the answer, or are unsure.
• Just say ‘yes’ or ‘no’, remember you may always respond by answering "yes, but I would like to add..."
• Absolutely do NOT remain facing the barrister cross-examining you to give your answer, or even your own barrister for that matter. The reason I emphasise this point is that if you remain facing the barrister you will automatically retain eye contact and when you answer the questions put to you it is highly likely you will be drawn in to a lengthy discussion where you may lose your line of thought.
• By keeping this in mind you will be able to deal with each point as it arises.

Remember this. Barristers are very good at leading you in to an area you don’t want to be and where they will try and pin you down. They will ask how this happened, who said it, when did it occur, what were their names etc. If you rush your answers you will most definitely be put on the back foot and lose the opportunity to make your point.