What not to say to a judge - Toni Abela

I felt the need to write this piece because during my tenure as a judge I saw parties ruining their case, even when objectively they were right. I am going to list a set of ‘do not do’ in a case or before a judge.

Avoid premature admission of guilt.

Even where the evidence appears to be overwhelmingly against you, do not prematurely admit guilt out of the need to be at peace with your conscience. Seek good legal advice as it could well be that procedural law may work in your favour. A premature admission can significantly influence the judge’s assessment of your case and may have serious consequences for the outcome. Retracting an admission does not necessarily help.

Avoid being disrespectful.

Three principles are fundamental in the courtroom: professionalism, respect, and decorum. Openly challenging the judge’s reasoning or conduct in court is a serious mistake. Likewise, avoid raising your voice or using colloquial or slang language. These are clear signs of irresponsibility and intentional uncooperative behaviour.

Judges do not merely listen to what is said, they also observe the body language of those before them. Indeed, they are bound to take note of a person’s demeanour in their pursuit of the truth. At times, behaviour speaks more powerfully than words.

Avoid exaggerations or not telling the truth.

Judges show greater understanding towards those who tell the truth, even when the truth reveals guilt. Honesty does not absolve a person from guilt, but it may be taken into account when determining the appropriate sanction or penalty.

Judges are experts in detecting lies and inconsistencies.  If you are caught lying, this may wreck the trust of the judge permanently. When telling the truth stick to precision and be measured. Well-intentioned exaggerations are harmful and may undermine the credibility of your account.

Judges are experts in detecting lies and inconsistencies- Toni Abela

Avoid emotional pleas.

Judges weigh facts over feelings. Making emotional outbursts without sustaining them with hard and convincing evidence may come across as being manipulative and immature.

Judges expect parties appearing before them to present statements that are factually sound and free from emotionally motivated sobs or outbursts.

Avoid interruptions or arguing unnecessarily.

Interrupting a judge or arguing with them about the interpretation of the law or the substance of the proceedings is a serious mistake. Listening attentively to the court’s directions and speaking only when appropriate demonstrates respect, discipline, and self-control.

Avoid the blame game.

Refrain from using phrases such as you are not to blame or pointing an accusatory finger at others. Such statements are unlikely to advance your case. Judges seek accountability, not avoidance. In many instances, accepting responsibility and expressing sincere remorse for the harm caused demonstrate maturity, integrity, and credibility. Showing accountability strengthens your position, whereas offering excuses for unacceptable and harmful conduct undermines your credibility.

Avoid being irrelevant.

Your personal opinions are generally irrelevant unless they are directly connected to the issues in dispute, as may be the case in proceedings involving the breach of fundamental human rights. Judges are only concerned with facts, legal arguments, and persuasive evidence. Attempting to divert attention from the central issues of the case is likely to make you appear unfocused and, in some instances, disrespectful.

Clarity of expression is essential. Rambling, repetitive arguments, excessive explanation, and exaggerated narratives can confuse the court and ultimately undermine your core arguments.

Precision and clarity are the hallmark of a good and sound case.  

Judge Toni Abela is Commissioner for Standards of the Judiciary.