Five things I learned from My Cousin Vinny to increase every Defendants Courtroom Experience!

Taken from the Movie "My Cousin Vinny"

I am reminded of the scene from "My Cousin Vinny" when the Alabama Country Judge is confronted by Joe Peshi's, Vincent Gambini's outfit for the first time at the arraignment stage. The Judge goffed "are you mocking me with that outfit." The poor Vincent Gambini looked at the Judge and replied....what do you mean....

Recently in Canyon County, I watched an entire arraignment proceeding. I came up with five things that could greatly enhance your courtroom experience if you are a Defendant or a newer attorney. All these things were taken from the Movie "My Cousin Vinny."

1. WEAR THE APPROPRIATE CLOTHING FOR COURT

My Cousin Vinny tippifies this point. First with the "leather suit" then with the "Country/Western Style suit he wears. Both suits offended the Judge. The key to looking "lawyerly" is excatly what the Judge told Vinny in the movie. He said "I want you to look lawyerly, meaning comb your hair, wear a suit and tie, and that suit better be made of some type of cloth." Thats a great start.

At the arraignments in Canyon County I saw all sorts. Some people wore pajamas, leggings, miniskirts, soiled clothing, drywall plastered sweatshirts and pants, and shorts. Not to mention the people in Orange jumpsuits. No one combed their hair, their were no suits or ties, and their were even hats being worn in the room. It was a despicable display of society's disrespect for the Court system. 

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If you really want to impress the Judge, start with the first impression. At the arraignment and pre-trial, always wear a suit and tie if you are a man and if you are a woman a nice blouse and skirt. Think funeral/wedding atire. I always love when my clients dress up better than me. The focus is off of them and then on me, which is a victory. This is especially true for DUI's, Domestic Batteries, and Thefts. 

If you dont have a suit...you don't need to spend a lot of money on one. I had a client for $35, go to Deseret Industries and pick up a white shirt, a black suit coat and slacks. He looked amazing! The places to shop are Deseret Industries, Savers, and Idaho Youth Ranch. 

One thing my clients always forget to get are the shoes. Dont forget those. It makes you look like a real dork with tennis shoes with a nice suit on. Please go to Walmart and get some dress shoes. If you do these things you will get started on the right foot, and can keep you from making the further mistake of offending the Court. 

2. USE RESPECTFUL LANGUAGE

My Cousin Vinny frequently displays this point in the wrong angle. From "You were serious about dat" to "ya ya" Vinny early on, never  addresses the Court respectfully. To respect the Court you should always rise and stand if you are an attorney. If you are a Defendant its majorly important to use the correct language. 

Movie: My Cousin Vinny 

Don't minimize the Judges power. Please don't say "what are you going to do throw me in jail?" or "I think this is bullshit." The Judge has the power to hold you in contempt of Court and will do it! In Canyon County, nothing can kill your case faster than developing a relationship of hostility with the Judge. The Judges talk to each other and the Attorneys josh each other about their clients behavior in the Courtroom. So...here are some tips

First, you must appreciate the power of the Judge. He can throw you in jail, so be nice and respectful. Second, be honest. The Judge can smell dishonesty a mile away. Third, use the words sir, no, yes, mam when talking with the Judge. It will help you get through the courtroom experience.  

3. KNOW THE RULES OF THE COURT

This is mostly for lawyers but can be useful for everyone. The Rules of the Court are different every where you go. Mostly these rules remain the same. Leave all tobacco in your car, do not carry any weapons into the Courthouse, and don't smoke in the Courthouse. No cell phones are common rules. Don't disobey them. Bailiffs have been known to confiscate them. Also, don't forget to rise when the Judge enters or leaves the Courtroom. 

Likewise, take a second and get to know the basic procedure of the Court. In my Cousin Vinny he had to study the rules each night to make sure he knew the procedure in the morning. Sometimes things are so simple that they are overlooked completely, like the arraignment process. 

My Cousin Vinny

While I was observing the Canyon County Arraignments, the Judge was getting very upset answering the same questions over an over again. Compound this with the Judges experience doing this twice a week for 20 years and you get a very cranky person. The Judge simply wants to know, guilty or not guilty and if you understand your rights, he does not want hear your sob story, he does not want to address your pre-trial or bond at the moment, he just wants to get throw with the process. So, know the basic procedure and what to say, so that you are not wasting the Courts time. 

4. GET A GOOD NIGHTS REST THE NIGHT BEFORE

In the film, Vinny's hotel is near several things that wake him up during the time he spends there. There was a steam whistle, a train, pigs, and chickens. They all prevented him from getting a good night sleep. He even slept in his car one night in a thunderstorm and a cabin the woods only to be waken by an owl he cannot find. 

 In court he was often cranky because of the lack of sleep. He was visably cranky durring the entire movie. Going so far as to fall asleep during the Prosecutors Opening Statement. In the movie, he actually went to jail on purpose to get some sleep. Vinny could have been a better lawyer had he gotten some sleep. A trick all lawyers learn in Lawschool.  

Sleep deprivation is dangerous for everyone. You don't think straight when you don't get a full nights sleep. Often emotions run high in the courtroom and on a good day you would find it hard to control yourself. Anyone who has children knows that when a three year old is tired and emotional, they are not rational. As adults we make the same mistake sometimes.

While you may have trouble sleeping the night before court. You must sleep. Sleep is key. It makes you less anxious and more alert. You will be able to handle a lot more with a clear head. As hard as this may be, I recommend sleeping pills, Melatonin, or a warm shower or bath to calm yourself before sleeping the night before court. 

5. BE RESPECTFUL TO EVERYONE BUT ESPECIALLY THE JUDGE

Vinny was not the ideal model of this rule. Vinny made fun of the Prosecutor, Judge, and the stenographer at one point. In real life, this is very important. 

Judges may have been former Prosecutors, so making their job harder sometimes infuriates the Judge. Likewise, being mean to your Defense Attorney can make the judge upset. Remember these are the Judges co-workers. Imagine if you saw someone giving your co-worker a hard time for a job they were not trained to perform. It would likely make you mad. And Judges are human. So..don't expect them to have sympathy for you when you make the Defenses job or the Prosecutors job harder. 

Watch-out for Clerks and stenographers, they also speak with the judge. The Judge is actually more protective of these employees, since many of them are paid less than attorneys but have a higher level of responsibility in some cases. Most of the time the Clerks actually go back and talk with the Judge before he gets on the bench. They know what sort of person you are if you treat them rudely. So, be nice to everyone in the courtroom and don't be like Vinny. Perfect example of a comedy of what not to do in Court!