Social Workers, Case Manager, Volunteers, and Child Protective Investigators are often witnesses in Dependency Judicial Actions. This presentation is a guide to practical knowledge to enter the courtroom with confidence.

1. CASEY BARRON, ESQ.
LEAD TRIAL ATTORNEY
CHILDREN'S LEGAL SERVICES - NORTHWEST REGION
Courtroom
Etiquette
YOUR GUIDE TO PRACTICAL KNOWLEDGE TO ENTER THE COURTROOM WITH CONFIDENCE

2. THE
BASICS
Testifying in Court is
an art, one that can
only be mastered
through practice and
experience.
Although you must
never change the facts,
they way you present
them can make all the
difference.

3. ONE: Always tell the truth,
even if it hurts your "side" of the
case.
If you don't, it is sure to come
back on you in some way.
When you get "caught" in a life,
even a tiny one, it forever hurts
your credibility in the eyes of
the Court. A lie will not only
impact your credibility in the
case at hand, but in EVERY
case for which you will testify
from that point forward.
FOLLOW
THE
BASIC
RULES

4. TWO: Don't be afraid to admit
you didn't hear or understand
the question.
Most lawyers love the sound of
their own voice, so chances are
they won't mind repeating what
they said.
Do not guess if you do not
understand the question.
FOLLOW
THE
BASIC
RULES

5. THREE: Stop talking when
someone says, "Objection."
The Court or the attorney
asking the question will tell
whether to answer the question.
Sustained = Can't Answer
Overruled = Can Answer
FOLLOW
THE
BASIC
RULES

6. FOUR: Don't Forget....
ALWAYS TELL THE
TRUTH.
A LIE BY OMISSION IS
STILL A LIE.
FOLLOW
THE
BASIC
RULES

7. Remember your grandmother telling you that you
can never take back a first impression?
This is especially true for the professional
testifying in the courtroom.
So, your first impression needs to be strong and
positive.
MAKE A GOOD
IMPRESSION

8. DRESS APPROPRIATELY
Wear professional, conservative attire. Your
demeanor during court proceedings should be
equally professional - both while testifying and
waiting for your case to be called.
GOOD
IMPRESSIONS

9. BEHAVE PROPERLY
While waiting for your case to be called, be
attentive, quiet, and respectful. The Judge is
observing more than the parties at hand.
Inappropriate behavior (laughing, loud talking,
eating, drinking, chewing gum, etc.) runs the risk
of making the Judge angry before your case even
starts, and sets a poor example for others who
have less exposure to the Court System.
GOOD
IMPRESSIONS

10. BODY LANGUAGE
Stand and sit tall in the Courtroom. Your body
language can exude confidence or weakness. Let
your body language signal to the opposing party
that you are proud, steadfast, and confident in
your work and testimony.
GOOD
IMPRESSIONS

11. SPEAK TO THE COURT WITH RESPECT
Even if you do not like the Judge's ruling that
day, give the Court the respect it deserves. The
Court is the best system we have for resolving
disputes in this country. The ideals and
principles that stand behind the courtroom are to
be respected by all.
GOOD
IMPRESSIONS

12. PREPARE
FOR
COURT
Children's Legal
Services is available to
meet with Case Mangers
and Child Protective
Investigators to help
them organize, predict,
and prepare.
In fact, that's part of our
job!

13. PREPARE
FOR
COURT
DO GOOD WORK
Although you may think
that your initial
presentation to the
courtroom is your first
opportunity to impress
the Court, the truth is
that you begin preparing
for testimony the
moment you begin
working with a family.

14. PREPARE
FOR
COURT
The best method of
having good testimony is
to follow best practices
in your work.
In addition to doing the
right thing, you will feel
more confident and
secure knowing that
your underlying work is
thorough and can
withstand scrutiny.

15. PREPARE
FOR
COURT
REVIEW & MAKE
NOTES
Prior to Court review your
records & FSFN.
Reviewing the file and
taking notes helps
internalize information
and keep it fresh.
Once you have put all the
effort into preparing, you
may not have to refer to
your notes.

16. PREPARE
FOR
COURT
If you do not review
prior to Court, the
testimony often comes
across as sloppy,
unorganized, and less
credible.
Be prepared.
Know your case.

17. PREPARE
FOR
COURT
PRACTICE, PRACTICE,
PRACTICE
Practicing your testimony is key. Sit
in front of a mirror or get a peer to
help you through some practice
questions. I sometimes will practice
opening and closing arguments on
my pets.
When you are practicing identify
areas of weakness in your case.
This will give you the opportunity to
think through those weakness and
develop an appropriate response.

18. PREPARE
FOR
COURT
When you are reviewing a case
and discover a huge flaw, bring
that to the attention of the
assigned attorney immediately.
Often it is better for the CLS
attorney to intentionally bring
out the weakness than to have it
brought out by opposing counsel.
This can also add to your
credibility.

20. IN THE COURTROOM
Now you are on the witness stand....
WHAT DO YOU DO!?!?!

21. TELL THE TRUTH
I said that already.
It bears repeating - TELL THE
TRUTH, THE WHOLE TRUTH,
AND NOTHING BUT THE TRUTH.
IN THE
COURTROOM

22. STICK TO THE FACTS
The Court wants facts. You are 99% of the time a
"fact witness". Do not share opinions unless asked to
do so. The facts should not be clouded by your
emotion or feelings. If you do give an opinion you
should be able to back it up with facts. Don’t speak
in generalities about a family’s functioning,
difficulties, abuse or neglect; it is vital that you
provide focused, evidence-based answers.
IN THE
COURTROOM

23. Don't be afraid to say you don't know or
do not remember when asked a question.
Do not guess or make assumptions.
Don’t be worried about giving a short
answer if that is all that’s required –
don’t feel you need to fill the silence
which follows.
IN THE
COURTROOM

24. AVOID ACRONYMS & JARGON
Assume your audience knows nothing. If you do use
social work lingo, explain what it means so everyone
will be educated and understand - JRSSR, ICPC,
ICWA, PDS, FFA, GAL, AAL, AP, SIPP, APPLA,
EFC, PESS...
When you explain a term in court your explanation
enters the record of the proceedings; this ensures the
appeals court will understand what you are talking
about.
IN THE
COURTROOM

25. Do not fear cross-examination!
If you have taken all the steps above to
prepare, you are prepared for cross-
examination.
During cross-examination, you must
keep your composure and professional
demeanor.
IN THE
COURTROOM

26. Expect the unexpected – taking matters out of
chronological order or asking the same question in
different forms are tactics used in cross-examination.
Control the pace by taking enough time to consider
your answers.
Beware of agreeing too readily with apparently
innocuous propositions; listen carefully to the
question and do not answer questions that are not
asked.
IN THE
COURTROOM

27. Don't take things personally.
If you lash out at the attorneys, Judge,
GAL, and/or parents, you will lose all
your credibility with the Court.
If you are about to lose your cool, ask for
a moment to compose yourself or a
restroom break.
IN THE
COURTROOM

28. Take Heart!
No one is comfortable on the witness stand.
You should never feel alone up there. Your
attorney is your ally. He or she will help you
jog your memory when you get lost and try to
guide you back when you go astray.
YOU ARE NOT ALONE!
IN THE
COURTROOM

29. Every time you testify you are gaining experience,
and will be better the next time.
You will mature and improve with time.
You will learn what to expect and how to handle
situations.
Do not be afraid to self-critique after you testify
or ask someone where you did well and what
areas you could use improvement. (Attorneys do
this too).
FINAL
THOUGHTS

30. QUESTIONS ?