1. how to behave in and for the courtroom
Courtroom Etiquette
how to behave in and for the courtroom
Dean P. Morzone QC

2. Etiquette
Etiquette is a code of behavior that delineates expectations for social behaviour according to contemporary norms within a society, social class or group.
Professional manners expected of barristers in compliance with contemporary standards of behaviour:
Personally
In Court
Out of Court

3. Personal integrity
12. A barrister must not engage in conduct which is:
Dishonest or otherwise discreditable to the barrister;
Prejudicial to the administration of justice;
Likely to diminish public confidence in the legal profession or the administration of justice or otherwise bring the profession into disrepute.

4. The Court
Officer of the court first and foremost.
Act with honestly, fairly, skillfully and with competence and diligence. (r 5)
Conduct towards court must be exemplary. Never deceive or knowingly or recklessly mislead (r 26)
Correct any misleading statement made to court as soon as possible after becoming aware. (r 27)
Facilitate parties’ implied undertaking to the court to proceed expeditiously. (UCPR, r 5)

5. Your Opponent
Be honourable, candid and trustworthy with your opponent.
Do not say one thing and do another
Work co-operatively and dependably
Alert opponent of mistaken concession about evidence or law (r. 28)
Correct false statement as soon as possible. (r. 49)

6. Your Client
Rule 38
Promote and protect fearlessly and by all proper and lawful means client’s best interests.
To best of barrister’s skill and diligence,
Without regard to own interest or to any consequences to barrister or any other person
Rule 39
Assist client to understand issues and possible rights and obligations, to permit proper instructions, including any compromise.

7. The Witness Rule 60 Ensure allegations or suggestions: Rule 61
reasonably justified by available material;
are appropriate for robust advancement of case on merits; and
are not made to harass or embarrass.
Rule 61
Do not question to sex crime victims:
To mislead or confuse;
To unduly annoy, harass, intimidate, offend, oppress, humiliate or be repetitive.

8. Behaviour in Court Timeliness is basic courtesy. [1, 2,3]
Well groomed and dressed. [4,5]
Electronic and telephone protocols. [6,7]
Stand and bow respectfully. [11, 14]
Move silently, directly and quickly. [10, 13]

9. Judge can see everyone …
Be silent for oath or affirmation. [22, 40]
Good posture. [31, 36]
Courteous, orderly behaviour. [12, 23, 34]
No side-bar remarks. [37]
Organised, move quietly. [17]
Never ever pack up. [42]
Remain until excused. [39]

10. Remember your audience …
The judge is the main focal point. [14]
Use good plain English. [29]
Use an appropriate tone, pace and volume. [26]
Present your argument but never argue with the judge. [24]
Make submissions but don’t talk at, or be rude to, the judge. [25]

11. Politeness
Address the judge politely, correctly and respectfully. [18]
Never address court in second person
Be polite
Stand when addressing the judge
Do not interrupt or speak over others
Direct all remarks to the bench.
Frame requests or questions to the judge indirectly .

12. Poise & Grace
Remain respectful and courteous to the judge at all times. [20]
Even if not reciprocated
Accept rulings respectfully
Never interrupt
Don’t continue argument
Politely identify accidental slip or obvious omission

13. OUTSIDE COURT Refrain speaking openly disparagingly of judge. [43]
Not your role to “correct” your opponent’s skills or conduct.
Address judges outside court. [46]
Communicate with your opponent properly. [49]
Avoid publicly discussing your client’s case, part heard cases and interim hearings. [50]

14. It is critical to your reputation, respect and good standing.
Courtroom Etiquette
More than just good manners underpinned by professional standards and rules of conduct …..
It is critical to your reputation, respect and good standing.