PRESENTING YOUR ARGUMENTS

Clear communication
The day of the appearance

Once you have put together all of your facts, organise the final argument or proposition that you are aiming to prove. Write down a set of arguments in an orderly manner so that you can move from point to point. Make sure that each point in your argument can be backed up by evidence. Ensure that your notes are well organised prior to the hearing. Do not be afraid to rely on your notes during the course of the hearing. Be prepared to answer any questions that are asked of you by the Magistrate or tribunal member.

If your arguments are based on principles stated in another legal case, you should say so. Refer to the case by name and give a copy to the clerk sitting in front of the Magistrate, who will pass it on to the Magistrate. If it is a lengthy case, flag the page and underline the principle on which you are relying.

Clear communication

Clear communication is extremely important: you must be able to speak clearly, and also to present your argument in a logical, step-by-step way. You will not persuade the court by wasting time talking about things that do not relate to your case. If you have the chance, practise your argument by saying (or reading) it aloud, perhaps in front of family or friends, so that you become used to speaking in public. The following book may be useful: The Elements of Speechwriting and Public Speaking, by Jeff Scott Cook, published by Collier Books, New York, 1989. This book has a number of good sections on overcoming nerves, constructing speeches, speech delivery and presentation.

The day of the appearance

To ensure that your presentation is the best that you can give on the day, remember the following points.

Pay careful attention to what is being said by everyone in the room, so that you can respond accurately.
Take notes during the course of the hearing to help you to remember not only what was said, but when it was said and who said it.
As a common sense rule, remain polite and courteous, especially when under stress. Disruptive or contemptuous behaviour or abusive language creates a poor impression, and is unlikely to persuade the Magistrate, or the person presiding, of the value of your case.
Only one person may speak at a time. If you are not sure whether or not it is your turn, simply ask "May I say something, please?" This will ensure that you have your say, at the appropriate time.
Use "Madam" or "Sir" to address people if you do not know how else to address them. If you are speaking to a Magistrate or Judge, you should address him or her as "Your Honour".
There are no fixed rules about dress, but a neat and tidy appearance is more likely to create a good and positive impression.
Make sure that you respond to the arguments made by the other side. Address each argument separately and refer back to the notes that you have made during the proceeding.
Always feel free to say to the Magistrate or tribunal member that you have further information that you believe is relevant to your case that they have not yet heard.