How to address the judge, how to behave in the courtroom
The foremost rule to adhere to is to be polite to everyone at all times.
Interaction with the Judge:
- Ensure all mobile phones are switched off before the judge arrives.
- Stand up when the judge enters the room, as prompted by the usher or clerk.
- Bow to the judge when they approach the bench and when leaving the courtroom.
- The judge will signal when ready for someone to address them, typically starting with the claimant’s advocate.
Addressing the Judge:
- Use the following titles based on the judge’s position:
- District Judge: Sir or Madam
- County Court Judge (Circuit Judge): Your Honour
- Recorder or Deputy Circuit Judge: Your Honour
- Circuit Judge in the High Court: My Lord / My Lady
- High Court Judge: My Lord / My Lady
- Stand up when addressing the judge and clearly state who you represent and your opponent’s name and client.
- Stand when addressed by the judge, whether alone or with your opponent. Sit down only if the judge addresses your opponent.
- Do not interrupt the judge; wait for them to speak before responding.
- Seek permission before approaching the judge’s bench, especially when no clerk or usher is present.
Preparing for the Case:
- Familiarise yourself with key case details, presenting a summary, areas of agreement and disagreement, chronology, important documents, and key witnesses.
- Create a chronology, list of issues, and a schedule of key documents cross-referenced in the trial bundle.
Legal Submissions:
- Use precise phraseology when making legal submissions, employing terms like ‘suggest’ or ‘submit’ rather than expressing personal opinions.
Accepting Rulings and Ending Arguments:
- Accept the judge’s decision and move on after a ruling, except when there’s a manifestly incorrect factual or legal basis.
- Politely and tactfully address any overlooked points or errors in the judge’s reasoning.
Exiting the Courtroom:
- Inquire if the judge prefers you to remain until another lawyer takes your place.
- Extend politeness to your opponent and adhere to traditional terms of reference.
Interaction with Opponent:
- Refer to barristers as ‘my learned friend’ and solicitors with appropriate rights as ‘my friend.’
- Avoid interrupting opponents, especially during closing submissions.
- Maintain composure throughout proceedings, refraining from losing temper.
Clerk and Usher Roles:
- Acknowledge the clerk’s role in providing information about the judge’s list and administrative matters.
- Recognise the usher’s tasks, including recording names, organising cases, and acting as an intermediary between parties and the judge.