Lanie M.

Lampasa June 20, 2017

NORSU College of Law
Practice Court 1

COURT OBSERVATION
Every person must have his day in court, whether to prosecute and defend himself as to any
disputes that may arise. This is a right that is guaranteed by the constitution and such right must be
accorded to all.

In a court session that I attended, the physical appearance of the court is similar to other courts.
When I first entered a court room, I expected it to be like the big courtrooms I see on TV, I was wrong. It
was an average room that is quite unorganized with a lot of boxes where place at every corners probably
because of the little space every court room has.

As I entered the court room I sat on the back, where the public sits, facing the judge bench at
the other end of the room. One of the obvious truth about court proceedings is that no judges and
lawyers are time-observant. Notice of hearing particularly state the time for the hearing to start but
such was never followed by lawyers and judges. It can be easily forgiven for they are quite busy people.

One of the first things I noticed was that the atmosphere was somewhat similar to television
courtrooms but that setting seemed more relaxed somehow and quieter. I was surprised how many
visitors and observers there were, and was equally taken aback by the relative informality of the
interactions between judge and attorney. I have seen in televisions how judges gets easily mad when
lawyers are unprepared, when the spectators and the parties to a case are noisy, and when there is court
impropriety. Surprisingly, the judges where very understanding. Although there was a judge, in one of my
court observations that is very particular of proper court decorum. But such was one among the
thousands.

It cannot be denied that I was disappointed on the court proceedings that I had witness. I
always thought that lawyering is very tedious for I have to prepare a lot of pleadings, search and study to
be able to defend and present effectively the case in court. It is a night of "burning candles" when you
need to appear in court the next day. But such is not the reality among lawyers when appearing in court.
A lot of lawyers are late, unprepared and worst missed out on court hearings successively. In fact, a
lawyer was reprimanded and fined by a judge for not appearing thrice in court hearings which place the
client's case in jeopardy even if such client is paying the lawyer generously.

The first arraignment that I ever attended, I noticed that after the first reading in english, the
clerk of court relayed the same to the accused and translating it in Bisaya in a less formal and more
conversational manner. I believe it is the most important part of court proceedings because it allows the
accused to fully understand why he is called before the court. Without the translation of the complaint in
a language understood by the accused, the purpose of the arraignment would not have been realized.

I also happened to witness a pre-trial conference which is less formal than an actual trial. The
conference was presided by the branch clerk of court. Although the conference is more of an informal
meeting of both parties and their counsels, proper decorum was still observed. Each party's counsel was
asked of possibility of amicable settlement of the case. In the case for estafa, both counsel and the
parties did not want to settle the controversy amicably. Because no settlement was reached, the
counsels were asked to simplify the issue or issues of the case, determined the documents that they are
going to present during trial, the number of witnesses of each party, there purpose and if there are
reservations during trial. It is important to determine the issue, evidences and witnesses presented
during trial to refrain from surprises and to allow the other party to prepare. After which, they were
given time and deadline to submit their pre- trial brief.

In another hearing that I had observed, counsels of both party to a case was castigated by the
judge for dragging the case for five long years, filing all kinds of motions to defer the resolution of the
case. A simple case of easement took long to be resolved because both lawyers question each and every
evidence and motion of parties. I saying from Clarence Darrow clearly depicts the situation in this case,
"the trouble with law is lawyer". What has once been a simple case have gone to a very complicated and
long process all because no lawyer on both sides wants to lose and give way to a compromise to settle
the controversy once and for all. As lawyers, they took an oath not to delay man's cause for money and
to assist in the speedy and efficient administration of justice.

"Preparation is the key in lawyering" One can be so brilliant in the study of law but such will
never holds water if you have not fully prepared yourself during trial. Even the best lawyers Fail to win
simple cases for failure to prepare themselves during trial. There are also a lot of lawyers fined and
reprimanded for such. It's not required for lawyers to know all the laws--- for humans as we are, they all
have limitations but what is important is to know the Fundamentals of law and to be prepared as always
in defending a case in court. Prepare to make a difference! It is what every aspiring lawyer must
remember.