I was fortunate enough to attend trial sittings and observe a family matter related primarily to property disputes, a common and tedious occurrence in the world of family law.
Throughout my experience, I was able to sit back and watch how a trial really unfolds with all the real-life reactions and decisions being made. I took notes during my days attending about the overall experience, the important points that stood out to me, and the lessons that I am grateful to have learned from the experience.
The first half of the day consisted of preliminary work to organize the parties, ensuring everyone was on the same page and aware of the expectations for the upcoming proceedings. From the lawyer’s point of view, what I gathered as being most important was the presentation of “filling in the gaps” for the presiding judge to make their job easier. This was achieved by putting many different pieces together, such as presenting cohesively, following proper procedure, being well-prepared, and having a thorough familiarity with the matter you are presenting. All of this (and much more) ensures you can advocate for your client and present the order that reflects your client’s best interests to the judge in a way that is fair, informative, and persuasive.
Trials are inevitably long and demanding. From the moment proceedings began, the importance of organization, adherence to procedure, and technical proficiency became immediately evident to me.
The courtroom is a formal environment where respect, authority, and procedure are critical. However, there is a human aspect that I was able to understand better and recognize while observing from the back of the courtroom. While the judge maintains a position of utmost neutrality, all other courtroom members also play a role in upholding that neutrality and staying focused on their specific duties. The judge, while controlling the room, established a foundation of impartiality while also maintaining a sense of calm that helped soften the environment for everyone attending.
Another key point that I observed was the importance of the court staff to the entire trial process; from my perspective, my takeaway was to familiarize myself with their roles and responsibilities to clearly understand how they perform their duties and what a presenting lawyer can do to ensure that they are able to effectively perform their role and how present their work in a way that best assists the other members of the court as well.
The second day of the trial focused on submitting exhibits. Throughout this process, I gathered insights into how a family lawyer should conduct and prepare themselves for trial, as well as the various factors that seemed relevant to a judge’s perspective, based on the questions, comments and directions that were given throughout.
Here is a list of the most relevant skills I recognized as important pointers for my career:
• Knowing the case you are presenting with detail.
• Being very clear and focused on the main issues of the matter so that throughout the presentation, there is always a direct connection back to the relevant issues being addressed.
• When presenting evidence, always ask yourself the “why”, why is this relevant? Why is this being presented? What issue does this relate to?
• Constantly considering the trial’s role and adhering to the trial schedule that has been set out, following procedure, and making sure that the judge remains confident and clear on your position and what you are presenting.
• During trial, changes seem to happen at any stage, therefore the importance of being well prepared is key.
• Although a lawyer may have prepared documents for several hours in preparation, at trial it may be that only half of that work is admitted and relevant; therefore, being well-prepared and able to maneuver is important
• Maintaining a level of openness and respect with the presiding judge makes it easier to ask for clarification.
• Ensuring the judge is on the same page as you is key, and asking questions allows for better transparency and comfort.
These were some of the many skills I observed on Day 2. I look forward to the lessons Day 3 will bring!
Day 3 at the courthouse followed a similar pace to the previous day regarding the stage of the trial and the evidence presented.
The key learning moment for me on Day 3 didn’t happen in the courtroom, but rather in the courthouse environment—specifically, the lawyers’ lounge.
Opportunities to learn and grow are everywhere, and it is about being able to recognize them and allowing them to teach you. Being in the courthouse is an incredible environment where you are surrounded by mentors and peers willing to connect and teach. Although it can be nerve-wracking, being able to simply introduce yourself and engage in conversation is far better than staying silent and hidden. Presenting yourself as open and engaged is all it takes to have meaningful conversation that leads to great learning opportunities.
It is vital to grow your network, maintain confidence, and ask as many questions as possible. Through my first few months of articling and observing this trial, I have really learned the value of placing oneself in the right environment and the importance of recognizing that curiosity can open many doors. It can be as simple as introducing yourself, or asking another lawyer what they are working on to build a great network and lead to many other great experiences.
At the end of a long week, Day 4 of the trial felt relatively relaxed and steady.
The day focused primarily on cross-examination. While one can learn the ins and outs of cross-examination from a textbook, seeing it demonstrated in real-time provided a completely different perspective.
I observed how crucial it is to position your case from the judge’s point of view. Principles like relevance were key; ensuring that every question aids the judge’s understanding rather than causing confusion is essential. Every line of questioning should have a clear intention. Sometimes, less is more. Being conscious and presenting questions with intention is much clearer and easier to follow from a third-person point of view than having too much irrelevant information to decipher.
Another important takeaway was the constant reminder of each individual’s role in the courtroom, including the judge, the parties, court reporters, the registrar, and all other court staff. Understanding and respecting these specific roles and their limitations is key to ensuring all members can perform to the best of their expertise.
This week has been an incredible hands-on learning experience for me, and I have gained lessons that I am excited to implement. Being a part of the court proceedings at trial has its own thrill and environment, which is something I am grateful to have experienced during my articling. It was a novel experience to see everything read about in textbooks be demonstrated in real-time.
