When attending court, proper conduct and courtroom etiquette are essential. Whether you are a party to a case or an observer, understanding the customs and practices will help ensure that you make a good impression and conduct yourself professionally. Here’s a breakdown of what you should expect and how to behave in court.
The Importance of Politeness
Above all, be polite. Politeness to everyone in the courtroom—including the judge, your opponent, and court staff—goes a long way in creating a favourable environment. Being courteous can also positively influence how you are perceived by the judge, and it helps keep proceedings civil and respectful. This includes refraining from interrupting, maintaining composure, and addressing everyone appropriately.
Mobile Phones and Entering the Courtroom
Before the judge enters, ensure all mobile phones are switched off or silenced. When the judge arrives, you will be prompted to stand by the court usher or clerk, and it is customary to bow slightly when the judge takes their seat. You will also bow when the judge leaves the courtroom. These small acts of respect are important traditions that signal your understanding of courtroom decorum.
Addressing the Judge
Different judges are addressed in specific ways, depending on their rank:
– District Judge/Deputy District Judge: Address as “Judge.”
– Circuit Judge or Recorder: Use “Your Honour.”
– High Court Judge: Address as “My Lord” or “My Lady.”
Whenever you speak to the judge, you should stand unless told otherwise. If addressing the court, introduce yourself and identify your client as well as the opposing party. Avoid informal language—present your points clearly and professionally. For example, instead of saying “I think,” use phrasing like “I submit” or “I suggest,” which is more formal and appropriate in legal proceedings.
Engaging with the Judge
When the judge speaks to you, always listen carefully, stand, and respond respectfully. Avoid talking over the judge or interjecting during their remarks. If you need to pass a document or approach the bench, seek permission before doing so by politely asking if you may approach.
Be Prepared
One of the best ways to win favour with the court is to be thoroughly prepared. The judge, especially in complex cases, may not be familiar with all aspects of the case. Being able to clearly summarise the main points of contention, key facts, and important documents will not only help the court but also present you as organised and professional. It is also helpful to provide the judge with a chronology of events, a list of issues, and key documents well organised and cross-referenced.
Presenting Legal Arguments
When presenting legal arguments, make sure to phrase them in a way that conveys professionalism. Avoid saying what you “think.” Instead, focus on what you “submit” to the court. Precision and clarity are key when making legal submissions, and judges appreciate submissions that are structured and well-reasoned.
Respecting the Judge’s Decision
Once the judge has made a ruling, accept it and move on, even if you disagree. Continuing to argue after the decision has been made can be seen as disrespectful. If you believe the judge’s ruling is factually or legally incorrect, you may have the option to appeal, but this should be done through the proper channels after the hearing, not by challenging the judge on the spot. Only if the judge has made an obvious error, based on facts or legal principles that were not argued, should you politely raise the issue during the proceedings.
Exiting the Courtroom
Typically, the judge will leave the courtroom before the parties. If they do not, it is courteous to ask whether you should remain until they are ready for you to leave. This shows respect for the court and is part of the traditions of courtroom etiquette.
Interacting with Your Opponent
Politeness should extend to your opponent. Refrain from interrupting them when they are speaking, especially during formal submissions. When referring to your opponent in court, it is customary to use phrases like “my learned friend” (for barristers) or “my friend” (for solicitors). While these traditions may seem old-fashioned, adhering to them demonstrates your respect for the court and the legal profession.
Role of the Clerk and Usher
The court clerk and usher are key administrative figures who ensure that the court runs smoothly. The clerk manages the judge’s schedule and can often provide useful information about the timing of your case. The usher helps to organise the courtroom, calling parties in for their hearings, and acting as a liaison between you and the judge. Always treat them with respect, as they play an integral role in the functioning of the court.
Conclusion
Navigating court proceedings can be daunting, but by understanding and following proper courtroom etiquette, you can ensure that you conduct yourself professionally and respectfully. Being polite, well-prepared, and aware of the formalities will help you present your case in the best possible light. Remember, while courtroom customs may seem rigid, they exist to maintain order and decorum in what can be an intense and stressful environment.