Related Posts
Countdown... beginning now
Community Builder
Any recs on women’s luxury brand sneakers?
Enthusiast
Mentor
Additional Posts in Litigation & Arbitration
New to Fishbowl?
Download the Fishbowl app to
unlock all discussions on Fishbowl.
unlock all discussions on Fishbowl.
I don’t know about fee multipliers, but I remember my first hearing, I was going against a seasoned lawyer who obviously had a ton of cases, and I was the one better prepared. He ended up relying on old/irrelevant law. So this would be my advice - be better prepared. Make sure to know the case law referenced, have it handy, also, do not read your argument, but say it. Try to give bullet points: “there are three reasons, first, second, third”.. And give a couple sentences intro on a case (this is a contract case between A and B, where B failed to...) in case the Judge isn’t prepared - since it’s your motion, you will go first and can set the stage. Don’t be nervous, you can do this! Good luck!! It’s so much easier after this first one, just need to get over with it.
Thx, for sure gonna try to make up for my lack of experience by being the most prepared.
Here’s some feedback I got on an early hearing:
Don’t try and wow the judge with your vocabulary or wild legalese. They know those phrases and words, too. The motion should have all of the mumbo jumbo and decorative wording. Instead, speak plainly; not to impress but to be understood. Think of it as a chance to discuss and explain your motion with/to the judge instead of “showtime.”
Thx, I will take this into account.
Coach
Agree with all of the above advice and will add three more things. First, be yourself. Use the words and phrases you use in everyday conversation. Don’t try to be someone you’re not. Being your authentic self will calm you down because you don’t have to spend time worrying about what you’re “supposed to” do or say in the moment.
Second, your goal is being good, not perfect. You probably will misspeak at some point. Be humble and human by saying “That didn’t come out right. Let me try again.” Take your time. If you need a pause to check your notes to make sure you said everything you wanted to, take the moment. You aren’t going to look or sound like a TV lawyer. That’s fine. I’ve been going to court for 30 years and I don’t either.
Finally always always always call the judge “Your honor.” The only exceptions are Supreme Courts, where it’s “Justice.” In some courts “judge” is ok but in others the judge won’t like it and in a few the judge will snap at you. “Your honor” is warmly welcomed everywhere and shows you’re a pro.
Good luck. Please post and update and let us know how it goes.
Thx for the much needed advice, will do!
Suggest researching the Judge to she if she or he has awarded a multiplier in prior cases. Being able to refer to the court’s prior findings (if favorable) is extremely persuasive and will give you a roadmap for your argument. Failing that I would suggest researching the same issue for the court you are in.
Thx, I didnt think about this before. Will definitely do this.
If the judge asks you a question, be direct and succinct in your answer. Don’t dance around the answer
In addition to the above, if you do not know an answer (it happens, somtimes the judge asks a question neither side brings up/sees) just say you dont know. Don't try to BS, some judges if not the BS, but others call you out and ask for authority related to what you say. Just say you dont know, but if the court allows you to submit supplemental briefing on the issue...
It gives you an out and let's you know how important the judge thinks it is.
So, how did it go?