LAW PRACTICE: YOU MUST APPEAR IN COURT? 5 PRACTICAL TIPS

YOU MUST APPEAR IN COURT? 5 PRACTICAL TIPS

The chance that you will end up in legal proceedings at any time is not inconceivable. If you have to appear in court as a plaintiff or defendant, you better be well prepared. Five practical tips to be well prepared.

1. Provide Good Legal Assistance

You are not obliged to engage a lawyer or other legal adviser for most proceedings, but it is certainly not an unnecessary luxury to do so. Every legal procedure has its own rules and customs, if this is not your daily work you are already 1-0 behind.

Also, a good legal adviser will be able to assess your opportunities and risks and will know exactly which previous judgments of judges (in specialist language: case law) confirm your views and should be brought to the attention of the judge.

2. Prepare Well

As with many cases, it also applies to legal proceedings: good preparation is half the battle. Even if you have provided yourself with excellent legal assistance, you can increase your chances by properly preparing for a hearing yourself. There is a good chance that the judge will also ask you many questions.

Think carefully about the common thread of your story. What's important? Which points of view would you like to emphasize when you are given the floor? What are the weaknesses in your case? What questions could the judge ask you and how would you answer them? In any case, make an appointment with your legal adviser shortly before the hearing to discuss your case thoroughly and to hear from your adviser how the hearing is expected to proceed.

3. Be Consistent

You probably know it from television: a witness who appears in court must swear before he gets the word that he will speak the truth. In the Netherlands, official witnesses are also asked to take an oath ("So truly help me, God Almighty") or a promise ("That I promise").

However, contrary to popular belief, many lawsuits are settled without the involvement of a witness. It is often simply about your word against that of the other party. You are also not under oath in most proceedings. Strictly speaking, this means that you are under no obligation, to tell the truth, even though it is generally sensible, of course.

The problem is that the opposing party is also not under oath and everyone can say what he or she wants. The judge will then have to carefully determine who appears the most credible, regardless of any written evidence that someone can provide.

Therefore, be consistent in your standpoints, if you have taken position A in the procedural documents and you argue before the judge B, this will not do your legal position any good.

4. Evidence, Evidence, and evidence

It has been said that it takes three things to win legal action: evidence, evidence, and evidence. Perhaps silly, but there is some truth in it. The more evidence you can provide, the more likely you are to win the procedure.

Therefore, collect as much documentary evidence as possible before the procedure and discuss with your lawyer or lawyer which documents are important and which must be presented to the court. This may concern letters, memos, e-mails, reports, statements, receipts, drawings, etc.

An important rule in procedures is the rule "who states, proves." In other words, the person who claims something must also prove it. For example, if you start a procedure because you have lent 5,000 euros to a good friend, then you are the one who will have to prove that this amount has indeed been lent to the friend in question. If this friend disputes in the proceedings that he ever received money from you, then there is a good chance that you will lose these proceedings.

5. Settlement is better than losing

Keep in mind that there is a good chance that the judge will discuss the possibility of a settlement during the hearing. The judge will then literally invite both parties, whether or not while making many suggestions, to go into the hallway to try to resolve the issue jointly.

Before the hearing, discuss with your attorney or lawyer how you will respond to such a suggestion from the judge. And try to get a picture of his opinion from the posture and judgments of the judge during the session. He (or she) is the one who will decide on your case if you cannot reach an agreement in mutual consultation with the other party.

Realize that if no settlement is reached, it is often all or not. Either you will be (partially) vindicated, or you will be deeply disappointed. It is not without reason that lawyers are told during their training: a bad settlement is better than a good trial.