7 TIPS for when you appear in Court

Seven Tips for when you appear in Court.

Show up:
if you are on a summons, and the charge is returnable to that date. You should make sure that you were better in person, whether or not you have legal representation. Some judges take it as disrespect to the court they are sitting in if the person is not there to answer the charge.

Dress as you would for an interview:
It is just that an interview between you and the judge he may never have seen before and you may not want to see him again. People make impressions on what they see with their own eyes.

Take the Oath:
whether you're a Christian or some other religion you are required to swear or affirm the evidence that you're going to give. Make sure you stand straight up and look like it means something to you. No slouching and no hand in pocket or chewing gum. All these factors reduce your credibility and the evidence you give.

Address only the judge:
Watch how professional witnesses such as guards give their evidence to the court. They are focused on the judge and nobody else. People worry about what to call the judge, but in most cases prefacing the words you're giving with Judge is sufficient especially in the District Court.

Get copies of any statements you gave to the guards in advance of any hearing:
You are entitled to these and your solicitor will need them to see what statement if any you may relating to the charge. The court will generally adjourn the first listing of the case to allow the statements pass over to the accused or his legal representative.

Ensure you understand what is said about you:
if you can not hear or do not understand what is said, be sure to tell the judge and ask for an explanation especially if English is not your native language.

Jury summons:
if you receive a summons is your civic duty to attend on the date listed. You may be challenged by legal advisers for an accused even though you were chosen at random from the jury list. If you are pressing business, you should advise the sitting judge, and they will decide whether you can be excused or not.

Nothing in this noteshall constitute legal advice and is not a substitute for consultation with qualified legal adviser in relation to your legal rights and responsibilities.

The war of attrition between the injuries board and solicitors in relation to payment of costs continues.............

By way of background the injuries board was set up would be stated intention not pay for any costs if a claimant want to bring a claim for compensation. The result is if you are blameless in an accident the money received in compensation must be used to pay for expert advice on value of the claim and how to bring the claim itself.
The injuries board maintain you can larch your own claim make an assessment yourself from their book while on website and generally be satisfied that you will gain proper value for an injury suffered. It follows the same logic that you can service your own car, build your own house and probably self-medicate itself......... some can do it but not everybody.

The reality since the start of the act in 2003 is that 96% employ legal advisers concerning their claim.
There has been some payment for costs where the claimant is deemed to be a vulnerable person but in true Irish legislation drafting terms there is no definition as to who is a vulnerable person.

It is sensible to all times to say all claims are vulnerable and see what the board makes of the application. There is a rough rule upon which says EUR400 plus VAT can be payable in such cases.
On reading issues to court, the lawyers won the first round in that anything that wasn't how to seek independent advice and the early efforts by the injuries board to reduce restrict lawyer access have been rebuffed by the courts. This is on the basis that in any matter concerning legal rights, whether criminal or civil courts will recognise the right to legal advice.

This latest skirmish seems to have gone to the Injuries Board. This was an application by two polish people to claim they were vulnerable and entitled to some contribution towards costs.
Judge Ryan in the High Court if delivered a judgement on October 19 last, where are the injuries board were not wrong to deny any payment of costs in these particular cases.

The Injuries Board must be pleased with his decision as they place it on the front page of their website.

The real test in the long term will be how many claims are settled in the Injuries Board system and how many simply go through to the courts themselves.

All Day in Letterkenny today with Judge John o Hagan doing his best with a large list. Cases include sentencing of accused for death of Guard at checkpoint in Letterkenny,Infant cases Civil Motions all lumped together ,all crowded into a small courthouse renovated before the big courthouse spends of the past 10 years. Very small public area and smokers out on the street ...in the wind and wet!
Good counsel can settle your case for more money than you might get in court .And there's no one to know your business especially in Donegal.

At the end of October, we are experiencing changed times in the legal business.
The system of the purchaser solicitor giving undertakings is under review. The banks were quite happy to eliminate their own solicitor who protected their interest and put the responsibility on the buyers solicitor. This was done to save cost to the bank . The result was when the banks could not push the money are quick enough they have taken security, which can now discover is really worthless . They are trying to blame the indemnity insurers for lawyers and this leads on to skyhigh premiums between now and Christmas.

Now the giving of any undertaking is a major event.
Commercial undertakings are simply prohibited under new law society guidelines.

The Criminal lawyers are doing the same work but with the cuts in the legal aid scheme payments mean fees are reduced
Changes in legal practice will happen over the next 6 to 12 months that will change the way things are done