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  • well....trial starts next week

    Did the fruitless exit pretrial today, as the judge stated 'the parties are miles apart'. The case is my application to vary spousal support based on change in material circumstances. We are both self rep. I want to settle and give her above SSAG, she wants to punish me for not earning as much as I used to (income is now 120k, peak was 300k one year).

    So, the trial will be in the next two weeks. It's expected to be 5-7 days of witnesses and evidence.

    I'd like to hear experiences and suggestions about how to make it through the trial grind. In particular:

    1. How to keep positive and combat being nervous about my ability to speak in public?

    2. How to use case law in my arguments - how to present the arguments based on precedent?

    3. Best practices for opening and closing remarks?

    Other suggestions and comments most welcome.

    FG

  • #2
    Regarding Public Speaking...
    I wouldn't worry too much. Just keep in mind that you are doing whats needed, and stand tall.

    Comment


    • #3
      1. You are supposed to feel nervous. A well seasoned 30 year lawyer said to me, he still gets butterflies. He said he would be worried about me if I didn't. My stomach was so in knots, I puked every morning...shit, shower, puke...It was all good. The first few minutes will be hard after that, you will get into the swing of things. The day usually started with procedural stuff so, there was a little warm up. Its trial so, there is no rush to move to the next case. #1 rule...the judge is not supposed to know anything about your case, you have to walk them through, build the picture from scratch. Its harder then it sounds. If I could do it over again, I would spend more time on how the proceedings got started. It usually defines everything that came next. I made myself a tent card, it said; "Ask for a break". Its ok to get lost, ask for a break to compose yourself if this happens. No one else will do this for you.

      2/3 I felt the closing argument was the most import as, it is that last impression you leave the judge with. I also saved the precedent for the closing arguments.

      Manage your witnesses, keep yourself unfettered by distractions (you will be busy during those trial hours). Your self representing so, if your up to bat on the stand...it can get interesting i.e. a procedural issue may come up so, you leave the stand, go back behind the table, play lawyer, then take the stand again...it can get kind of loopy Spend some time to organize your evidence in chief, make a note where you left off (if you have to leave the stand, break for the day, etc.) so you can get back on track...doing both those jobs was the hardest thing. You will feel really pumped after a long grueling trial day...its the best part The first few days there was homework for me complements of the court.

      Good Luck

      Comment


      • #4
        SillyMe, your advice really helps.

        Couple of questions:

        Originally posted by SillyMe View Post
        The day usually started with procedural stuff so, there was a little warm up.
        Can you give an example of procedural issues that can be expected?

        Originally posted by SillyMe View Post
        The first few days there was homework for me complements of the court.
        Hmmm....homework? Can you elaborate an example?

        Also, the 15 months lead up to trial has been a disclosure nightmare. This means even the most basic evidence is going to be tested at every turn. For example, some witnesses about compensation are still with my former employer....that I had to sue for back pay after I left (and won).

        Thanks again-
        FG

        Comment


        • #5
          Good luck to you in court fieldgrey

          Comment


          • #6
            Actually, you have pretty good intuition. The procedural stuff, will almost always have something to do with your evidence (disclosure) or, something to do with your witnesses (such as instruction to them). I had a really big book of evidence, the other side was supposed to go through it before trial so, we could hash out what would be permissible as an exhibit before the start. The first morning was hashing out that book...just when you thought you had the paper nightmare over... In the end, I collected all my nice books including the courts and whittled them down, re-organized them (its always down) for the next day. That took a few hours because, I had to make new tables of contents, fix all the tabs, etc...the lawyer for the other side, while senior, commanded the courts respect from the get go was, disorganized. Its an up hill battle to get any respect from the judge (being a self rep), you are not in the club...you always have to be 10X the better and this includes trial. If you have that natural attraction and disposition to your character...it will go far. Afraid, my character isn't like that...lol. Its all about appearances! How you appear, how you appeared in that 2 yrs, how you are appearing...in the end how justice appears. As a self rep, don't worry too much about precedent; they can't really give you too many brownie points for that. Although, I studied hard, read tons of decisions, every Appeal in Ontario for that 2 years and, my book of Authorities was tight...I don't have that LLB or whatever, they can't formally recognize your knowledge, you didn't pay your dues, your not in the club. Of all the decisions I read, there is not one that sticks out that mention's a self rep's good job of presenting their Authorities. The fact was, none of mine made it into the final decision. The only thing it got me was...they didn't ask for our books until just before closing arguments, I reached into my bag of tricks and pulled out 3 huge volumes I had prepared. The look on the counsel for the other side; priceless...enjoy the light reading...phuck was that ever funny. I didn't get a thing from the other side...

            Anyways, I would love to write more but, I have to get my schit in gear...

            Comment


            • #7
              Originally posted by fieldgrey View Post
              SillyMe, your advice really helps.

              Couple of questions:



              Can you give an example of procedural issues that can be expected?



              Hmmm....homework? Can you elaborate an example?

              Also, the 15 months lead up to trial has been a disclosure nightmare. This means even the most basic evidence is going to be tested at every turn. For example, some witnesses about compensation are still with my former employer....that I had to sue for back pay after I left (and won).

              Thanks again-
              FG
              Take a deep breath and remember to pause, often to collect you thoughts count of 3...have to try brief form points take down...give lots of room between these points for any notes.

              When the other side is on the stand...take notes write big and clear...put space between lines...don't be afraid to you paper...you're not expected to be green on court day lol....you should know who the witnesses are before hand so you maybe able to strategize your questions.

              Oh and wear a t shirt under your your dress shirt...you will sweat.

              Comment


              • #8
                Be prepared.

                You could go to the health food store and get a herbal remedy or homeopathic remedy to combat nervousness/ stress.

                Make sure you are getting vitamin B.

                Don't drink too much coffee or any. Your adrenals will be easily over loaded.

                Breathe. Take your time.

                Best of Luck to you!

                Comment


                • #9
                  Thanks for all the great feedback and advice - some obvious things I didn't even consider. I'm glad this forum exists.

                  I'm pretty good with checking in everyday - I think I'll write a daily summary in the forums to help clear my head and share the experience for others to learn from.

                  FG

                  Comment


                  • #10
                    Breathe and be prepared. Put all your evidence in a binder and have tabs so that you may find it.
                    Don't answer anything quickly.
                    Take notes and prioritize them when its your turn to speak.
                    Have someone there to support you during breaks.
                    Make sure you have water in front of you for when you get nervous.
                    Breathe.
                    I also had a pic of my daughter laid out in front of me so that i could always reflect on who and what this was about.
                    Good luck

                    Comment

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