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The first few months on your feet can be daunting and exhilarating in equal measure! Rebecca Kocerhan shares advice on what to expect, managing nerves and making the most of every experience in court
During pupillage, I wrote an article for my chambers’ website sharing advice and practical tips for those about to begin their second six. Now, with a little more experience behind me, I have revisited that article to reflect on the lessons I’ve learnt since, and to share some of the things I wish I had known at the outset that would have made the process that bit smoother.
It’s inevitable that you are going to be nervous. There is a tendency in pupillage and during your first year of practice to overprepare; no matter how long you’ve spent in preparation, just know that the nerves will be there. The first time you go into court by yourself, you will experience internal panic; this is entirely normal and still happens to seasoned practitioners.
The best way to handle the nerves is, of course, to know your case. Make thorough notes and highlight relevant documents, as you can refer to these when the panic sets in. It sounds obvious, but having relevant information to hand, in your own format that you understand, will put you at ease. This will act as a comfort and assure you that you do in fact know what you’re talking about. When you are first starting out, this is essential and there will certainly be an element of overpreparedness as you will not want to be caught off-guard. I can tell you that, as you become more confident, get familiar with hearings and have practised thinking on your feet, the extent of the over-preparedness will lessen, and you absolutely will get to enjoy your evenings. It is not essential to know every bundle reference; every paragraph number; the exact date statements were signed. Get the key information and note that down.
Be sure to tell the court ushers and clerks that it’s your first week, or the first time you are doing a particular application/hearing. They will pass this onto the judge, and they should not pressure you (as much). The judge is likely to understand that you may need more time to respond to certain questions or make submissions. Remember, the judge was once in your position and they will remember the first time they appeared in court!
You may wish to inform your opponent that you are just starting out on your feet. I appreciate that many pupils may be reluctant to share this with those outside your chambers. However, the Bar on every Circuit is a small community, with a wealth of knowledge. From my experience of practising family law in Manchester, the Northern Circuit is a close-knit community, with the vast majority of practitioners being very welcoming and genuinely keen to see junior members of the profession succeed. Everyone has been in the same position, and understands the nerves you will be feeling. They may be willing to assist with any questions or share tips they have picked up along the way.
When advising clients, communication styles will, by necessity, vary for each client, so ensure that you are flexible in your approach to delivering advice. This may be dependent on their age, background, any cognitive difficulties, requirement to use an interpreter etc. You will develop different communication styles through practice; and learn to adapt your technique to the situation.
It may sound obvious, but make sure you know the basics. You’ve probably spent hours overpreparing your case, but you’ve forgotten where to sit or what to call the judge. If you walk into the courtroom and immediately panic as you are confused which side of the bench you are meant to sit on, then all the preparation will fall away as nerves will take over. Remember, magistrates are ‘Sir’, ‘Madam’ or collectively ‘Your Worships’; district judges are ‘Judge’; Circuit judges are ‘Your Honour’.
If you’re practising crime, then prosecution usually sits on the right side of the front bench in both the Magistrates’ Court and Crown Court.
In civil and family, the applicant will sit on the left-hand side of the bench, with clients sitting behind them.
Make sure you check whether there are any special measures as well, particularly if your case involves a vulnerable client.
In the hearing itself, if the judge asks a question that you cannot answer immediately, and you need to locate a document or take further instructions, it is entirely appropriate to say so. One of the pressures many pupils place on themselves is the belief that they must have every answer at their fingertips. In reality, that is neither expected nor realistic. Asking for a moment to ensure that your submissions are correct is far preferable to waffling on and saying something outside your instructions.
As with communicating with clients, you will soon discover that judges have different preferences when it comes to advocacy styles. Some judges like submissions to be direct and to the point, while others expect a full background and will ask probing questions. Developing an appreciation for these different styles comes with experience. In the meantime, do not hesitate to draw on the knowledge of your colleagues.
Finally, a very simple but important point: always make sure you have water. It sounds obvious, but you will get nervous. And yes, your mouth will get dry as a result. Take your own bottle of water, so you can ensure you have a drink available when in conference with your client. As a matter of routine, I would recommend pouring yourself some water as soon as arrive in court. It may seem like a small thing, but trust me, it helps.
Most chambers now will have group chats. If yours doesn’t, then set one up! These chats and message threads can be extremely helpful; if you are stuck or need some advice, pop in a quick message and someone will give you a call to talk it through. Do not be afraid to ask what you view as a silly question – you’ve heard it a million times, but there are no silly questions. If you want to talk through your case theory with a colleague, someone will be more than happy to listen and give you any advice.
It may be beneficial for a separate ‘juniors’ group chat to be set up as well, so that you can ask questions and seek support from those who have very recently been in exactly the same position as you. Your colleagues will be one of the biggest sources of support available to you, and I highly encourage pupils to look to them for guidance.
Everyone overprepares when first starting on their feet. You will read the papers ten times over and find all the relevant case law, practice directions and statutes. This is completely normal. It’s easy to say, ‘don’t panic’ or ‘don’t stress’, but the truth is you will. Just trust that you do know your stuff. After all, you got pupillage for a reason and you should be confident that, with every experience in court, you are growing better each day.
During pupillage, I wrote an article for my chambers’ website sharing advice and practical tips for those about to begin their second six. Now, with a little more experience behind me, I have revisited that article to reflect on the lessons I’ve learnt since, and to share some of the things I wish I had known at the outset that would have made the process that bit smoother.
It’s inevitable that you are going to be nervous. There is a tendency in pupillage and during your first year of practice to overprepare; no matter how long you’ve spent in preparation, just know that the nerves will be there. The first time you go into court by yourself, you will experience internal panic; this is entirely normal and still happens to seasoned practitioners.
The best way to handle the nerves is, of course, to know your case. Make thorough notes and highlight relevant documents, as you can refer to these when the panic sets in. It sounds obvious, but having relevant information to hand, in your own format that you understand, will put you at ease. This will act as a comfort and assure you that you do in fact know what you’re talking about. When you are first starting out, this is essential and there will certainly be an element of overpreparedness as you will not want to be caught off-guard. I can tell you that, as you become more confident, get familiar with hearings and have practised thinking on your feet, the extent of the over-preparedness will lessen, and you absolutely will get to enjoy your evenings. It is not essential to know every bundle reference; every paragraph number; the exact date statements were signed. Get the key information and note that down.
Be sure to tell the court ushers and clerks that it’s your first week, or the first time you are doing a particular application/hearing. They will pass this onto the judge, and they should not pressure you (as much). The judge is likely to understand that you may need more time to respond to certain questions or make submissions. Remember, the judge was once in your position and they will remember the first time they appeared in court!
You may wish to inform your opponent that you are just starting out on your feet. I appreciate that many pupils may be reluctant to share this with those outside your chambers. However, the Bar on every Circuit is a small community, with a wealth of knowledge. From my experience of practising family law in Manchester, the Northern Circuit is a close-knit community, with the vast majority of practitioners being very welcoming and genuinely keen to see junior members of the profession succeed. Everyone has been in the same position, and understands the nerves you will be feeling. They may be willing to assist with any questions or share tips they have picked up along the way.
When advising clients, communication styles will, by necessity, vary for each client, so ensure that you are flexible in your approach to delivering advice. This may be dependent on their age, background, any cognitive difficulties, requirement to use an interpreter etc. You will develop different communication styles through practice; and learn to adapt your technique to the situation.
It may sound obvious, but make sure you know the basics. You’ve probably spent hours overpreparing your case, but you’ve forgotten where to sit or what to call the judge. If you walk into the courtroom and immediately panic as you are confused which side of the bench you are meant to sit on, then all the preparation will fall away as nerves will take over. Remember, magistrates are ‘Sir’, ‘Madam’ or collectively ‘Your Worships’; district judges are ‘Judge’; Circuit judges are ‘Your Honour’.
If you’re practising crime, then prosecution usually sits on the right side of the front bench in both the Magistrates’ Court and Crown Court.
In civil and family, the applicant will sit on the left-hand side of the bench, with clients sitting behind them.
Make sure you check whether there are any special measures as well, particularly if your case involves a vulnerable client.
In the hearing itself, if the judge asks a question that you cannot answer immediately, and you need to locate a document or take further instructions, it is entirely appropriate to say so. One of the pressures many pupils place on themselves is the belief that they must have every answer at their fingertips. In reality, that is neither expected nor realistic. Asking for a moment to ensure that your submissions are correct is far preferable to waffling on and saying something outside your instructions.
As with communicating with clients, you will soon discover that judges have different preferences when it comes to advocacy styles. Some judges like submissions to be direct and to the point, while others expect a full background and will ask probing questions. Developing an appreciation for these different styles comes with experience. In the meantime, do not hesitate to draw on the knowledge of your colleagues.
Finally, a very simple but important point: always make sure you have water. It sounds obvious, but you will get nervous. And yes, your mouth will get dry as a result. Take your own bottle of water, so you can ensure you have a drink available when in conference with your client. As a matter of routine, I would recommend pouring yourself some water as soon as arrive in court. It may seem like a small thing, but trust me, it helps.
Most chambers now will have group chats. If yours doesn’t, then set one up! These chats and message threads can be extremely helpful; if you are stuck or need some advice, pop in a quick message and someone will give you a call to talk it through. Do not be afraid to ask what you view as a silly question – you’ve heard it a million times, but there are no silly questions. If you want to talk through your case theory with a colleague, someone will be more than happy to listen and give you any advice.
It may be beneficial for a separate ‘juniors’ group chat to be set up as well, so that you can ask questions and seek support from those who have very recently been in exactly the same position as you. Your colleagues will be one of the biggest sources of support available to you, and I highly encourage pupils to look to them for guidance.
Everyone overprepares when first starting on their feet. You will read the papers ten times over and find all the relevant case law, practice directions and statutes. This is completely normal. It’s easy to say, ‘don’t panic’ or ‘don’t stress’, but the truth is you will. Just trust that you do know your stuff. After all, you got pupillage for a reason and you should be confident that, with every experience in court, you are growing better each day.
The first few months on your feet can be daunting and exhilarating in equal measure! Rebecca Kocerhan shares advice on what to expect, managing nerves and making the most of every experience in court
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