Lessons from Heard/Depp Trial

 It has been weeks since the court proceedings involving the defamation action by Johnny Depp against his ex-wife Amber Heard. Having had a chance to reflect on what happened, it parallels what can happen in a family court case. The lessons learned from that trial are not unique to celebrity couples but are true in any family law court proceeding.

 

Courtrooms Are Open to the Public

 

One of my clients' biggest shocks is when they learn that the courtroom is open to the public. This is true in person, and as we learned during COVID, it is true on zoom. While a celebrity couple will draw more viewers, your family law matter could likely attract interested viewers as well. Courtrooms are open to the public unless a judge specifically closes the courtroom. That means your neighbors, co-workers, children’s teachers, relatives, and even other observers are free to walk into your courtroom and take a front-row seat to hear all the salacious details of your marriage.

 

Similarly, your court papers that are filed are not private. Whatever you file with the court that the court has not sealed can be requested by anyone who asks for a copy. However, this usually requires someone to go to the courthouse, and depending on the document, the most sensitive information will be redacted. There is no guarantee, though, that someone could get a clean copy.

 

The Outcome Is In Your Hands

 

Once you step into a courtroom, you lose control over how the matter will be decided. That decision rests not with you and your spouse on how best to resolve custody issues, financial support, or division of assets. Instead, that decision now rests solely with the judge or, if applicable, the jury. The best you can do is to put forth your best case, defend against the attacks of the opposing party, and hope that the outcome is in your favor. One of my favorite mediators used to tell people that going to court is like taking your dog to the vet, who also happens to be a taxidermist. You are going to get your dog back. He will either be healthy, or he will be stuffed. When you go to court, you are going to get a ruling. It may be good, or it may be bad. All you can do is put on the best case possible.

 

Credibility Is Key

 

While the court is tasked with determining the truth or falsity of someone’s statements, in family law cases, it is often difficult to determine who is telling the truth in a short period. The judge has a short amount of time to try to make decisions, so sit can come down to determine who is the more credible witness. A trial should be based solely on the evidence, the law, and how you apply the law to the evidence presented, but judges are human. Some people can play the game better and come across as believable in court. Others can have a personality that makes them appear to be deceitful or holding something back even when that isn’t the case. Not everyone is going to be believed everything that is said.

 

This could be seen during the Heard-Depp trial, where it was a battle of who put on the best testimony. In the courtroom of public opinion, it was clear that most people bought Depp’s story, whereas they bought very little of Heard’s story. Some people believed that part of this was because Amber didn’t have the records she needed. However, I think it is based more on the fact that her testimony wasn’t always consistent and believable. It comes down to credibility.

 

Prepare, Prepare, Prepare

 

Fortunately, there are ways to avoid some of the hard lessons learned. Talk with your lawyer about how to potentially close the courtroom if you are expecting family, friends, or just strangers to show up for your hearing or trial. A good lawyer will know how to exclude certain people under the rules of procedure. In addition, if sufficient facts exist, it may be possible to treat at least some of your public filings as confidential. Finally, if you cannot settle the case, at least ensure you are well prepared for not only responding to the questions asked by your lawyer but the potential questions the opposing attorney on cross-examination may ask you.

 

Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in Family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2021, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.