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The importance of protocol
- Following courtroom, protocols make things easier and fair.
- If you follow proper court protocol, you’re more likely to get your point across than you would if you broke all the rules.
- Knowing court protocol will reduce Court bias and get the judge’s respect.
General rules of behavior
- Don’t ridicule or make faces when you don’t like what’s being said.
- Don’t be condescending.
- Turn off your cellphone.
- Don’t chew gum or eat.
- Don’t curse, argue, quarrel, or display other strong emotions.
- Always be polite and respectful to court staff.
- Go to court wearing attire that is casual but respectful.
- Arrive at court on time and prepared to argue
- Don’t interrupt while the judge is speaking. Exception: When the opposing attorney and the judge are buddy-buddy talking across you, politely interrupt to let them know you’re still there.
Courtroom procedures
- When in doubt about where to sit, ask the bailiff or other staff.
- The judge will usually start with the party whose motion the hearing was called on.
- Refer to your opponent respectfully as “my opponent”, “plaintiff”, “defendant”, etc.
- Don’t interrupt during your opponent’s argument.
- If your opponent is making a fool of himself, let him. Don’t respond with facial expressions.
- Be respectful, candid, and trustworthy. Be respectful of the judge.
- If you must talk while the judge is on the bench, whisper. Otherwise, don’t talk.
- Ask if you can approach the bench (the judge).
- Thank the judge even if you don’t like his decision.
- Address the judge as “Your Honor”.
Transcript
Hi. I\’m Portia, and this is lesson six of introductory legal skills.
This lesson will cover court protocol.
We\’ll begin by discussing the importance of protocol.
Then we\’ll move on to general rules of behavior and courtroom procedures.
Protocol is important because at least one party in the case believes a courtroom setting with rules is more orderly than a street fight or a barroom brawl.
Following courtroom protocols simply makes things easier and more fair.
Everyone has a point they want heard. If you follow proper court protocol, you\’re more likely to get your point across than you would if you broke all the rules.
Every day, judges see pro se litigants who don\’t know the rules, so they form opinions about pro se litigants that lead to bias.
Knowing court protocol is a step towards reducing bias and getting the judge\’s respect.
The judge you see on the first day of court will likely be the judge you see on the last day.
Make a bad first impression by ignoring protocol and procedures, and he or she is likely to remember it throughout the case.
Don\’t ridicule or make faces when you don\’t like what\’s being said.
Don\’t be condescending, and turn off your cell phone.
Don\’t chew gum.
Don\’t eat food.
Don\’t curse, argue, quarrel, or display any other strong emotions.
Turn the emotions you have towards your opponent into a well researched and prepared legal argument.
You should always be polite and respectful to court staff, not only because they often have the judge\’s ear, but because it makes you look prepared.
Don\’t go to court looking like a lawyer all dressed up and slick, but don\’t overdo the casualness by being too sexy or rumpled either.
Go for the casual but respectful look. That is, look like you represent yourself.
Whether you\’re preparing for court or trying to get there, start early.
If being late is unavoidable, get a message to the judge and your opponent that you\’re running late.
They get to decide whether your tardiness is acceptable and if they should wait.
When you arrive, be prepared to argue and follow court procedures.
Typically, the plaintiff is seated to the judge\’s right and defendant to the left, but that might vary.
In some courts, the plaintiff may be seated nearest the jury.
When in doubt, ask the bailiff or other staff.
Or if possible, let the lawyer for your opponent go ahead of you and take the seat opposite them.
Be silent when you enter the courtroom.
When the judge enters, the bailiff might say, all rise.
You should stand.
Sit when the judge tells you to.
When the judge or bailiff calls your case, move to attorney seating.
When asked if you\’re ready, say, yes, your honor. The plaintiff or defendant is ready.
The judge will usually start with the person whose motion the hearing was called on.
This doesn\’t always happen with pro se litigants, so you might have to be politely assertive if it looks as if the hearing is going on too long without your input.
Talk to your opponent through the judge.
To get papers to the judge, ask to approach the bench or hand it to the bailiff.
Speak clearly and loud enough so that your voice reaches the judge.
Refer to your opponent respectfully.
Refer to them as my opponent or plaintiff or defendant as appropriate or opposing counsel or plaintiff\’s or defendant\’s attorney.
Don\’t interrupt during your opponent\’s argument.
If your opponent is making a fool of himself, let him.
Don\’t respond with facial expressions.
Be respectful, candid, and trustworthy.
Be also very respectful of the judge.
If you must talk while the judge is on the bench, whisper.
Otherwise, don\’t talk.
Ask if you can approach the bench, the judge.
Thank the judge even if you don\’t like his decision, and address the judge as your honor, not sir or ma\’am.
Again, be candid and trustworthy, and don\’t interrupt while the judge is speaking.
Exception. When the opposing attorney and the judge or buddy buddy talking across you, politely interrupt to let them know you\’re still there.
To summarize, in this lesson, we discussed, one, the importance of protocol including orderliness, making your points, bias, and first impressions.
In two, general rules of behavior, we discussed rudeness, respectfulness, what to wear, and being ready. And in three, courtroom procedures, we looked at courtroom arrangement, general procedures, and attitude towards the judge and your opponent.