- Confidence in court is often lost not because of the law itself, but due to internal fears and self-doubt that undermine even the most prepared litigants.
- Pressure from opponents, judges and the intimidating court environment can quietly erode even the strongest cases by shaking a practitioner’s composure.
- Genuine court confidence is built on thorough preparation. Being deeply familiar with your case is the surest way to remain steady under pressure.
At most, our failure in court is not in the merits, the law, or even a lack of authority. It can be the failure of a legal practitioner to confidently address the court, or a fear of stating your facts as you thought of them or as you think of them in the moment.
Confidence in court means you are able to articulate and state your facts and reasons as you thought of them, without being intimidated or derailed by the court environment. The primary aspect of court presentation is the ability to express yourself vividly, despite the pressure and disruptions that occur in court.
The subtle enemies of confidence
Some of the confidence destroyers in court are opponents who sound like they have the best case and articulate far more advanced arguments than you. The moment you hear the other party, you are likely to be psychologically and emotionally defeated. Your confidence can deflate like air escaping a balloon after a severe burst.
Some of the confidence destroyers in court are presiding officers’ facial expressions and disruptions, especially at the High Court. Presiding officers can try to move you out of your case strategically, perhaps by asking you questions that make it difficult for you to proceed. It is your confidence that makes you remain in court, two feet on the floor and two hands on the podium.
Some of the confidence destroyers in court are personal sabotage, such as the fear of speaking and expressing the ideas that brought you before the very same court. It is possible to have your case sitting in your chamber, but the moment you get to court, you feel as if you are holding ice melting in the scorching heat of court pressure.
Some of the confidence destroyers in court occur during introductions. Some counsel enter to introduce themselves, only to find they are so familiar with the judge. You will be sitting there like a girlfriend from Zeerust in the wrong taxi at Bosman Taxi Rank. You feel like you do not exist as they catch up on the old days. You can easily feel that this matter has been decided before the hearing.
Some of the confidence destroyers in court are facing a senior counsel. At most, you will feel the pressure of facing this legal giant who has been in a black gown until his heart became black. You may feel that this one will use all his twenty years’ techniques to ambush you.
After the courtroom: a shift in perspective
I could write much more about the things that have affected my confidence in court, both before and during. But the court always feels good afterwards. It is more like a gym; it feels good afterwards. Before and during, it sounds, feels and looks like the worst day of any other day. The reason is not clear yet, but many litigants have the same feelings. There is no litigant who enters court with 101 percent confidence of victory. Even in unopposed motions, the judge can be your opposition, directly or indirectly.
The most important aspect is to fuel your confidence by being fully abreast of your case. The bedrock of court confidence is preparation. You cannot be confident below, above or beyond your preparation. The level of preparation is the most important facet of confidence building mechanisms.
One man said that great performance is the result of spending more time in the workshop and less time in the showroom. Your behind-the-scenes work must be longer than your front desk.
At times, you realise that the difference is in the level of confidence. You can lose a great case because it was not wrapped in confidence.
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