Preparation for trial - Modes of address and courtroom etiqu...

Learning Outcomes

This article outlines essential modes of address and standards of courtroom etiquette in civil litigation in England and Wales, including:

• Correct modes of address for judges across courts and appropriate third‑person references in oral and written contexts
• Conventions for addressing advocates, litigants, witnesses and court staff with professional courtesy
• Core courtroom etiquette before, during and after hearings, including remote hearings, and respect for the court’s authority and the overriding objective
• Clear, structured submissions, concise objections, and efficient handling of documentary and electronic bundles
• Directions compliance for skeleton arguments, case summaries and bundles, and cooperative case management with court staff and opponents
• Common pitfalls attracting judicial criticism or sanctions (for example, improper recording, misuse of without prejudice material, or non‑compliance with directions)
• Potential consequences of serious breaches (including wasted costs orders, adverse costs orders, strike‑out and findings of contempt)

SQE1 Syllabus

For SQE1, you are required to understand the professional conduct expected of solicitors during court proceedings, which includes correct modes of address and adherence to courtroom etiquette. This knowledge is important for effective advocacy and demonstrating the professional standards required of a solicitor. Your understanding will be tested through questions requiring you to apply these principles in practical scenarios, with a focus on the following syllabus points:

• The correct modes of address for judges in the Magistrates' Court, County Court, High Court, Court of Appeal, and Supreme Court.
• Appropriate ways to address other legal professionals and parties in court.
• The standard rules of etiquette regarding entering and leaving the courtroom, speaking in court, handling objections, and managing documents and technology.
• The potential consequences of breaching courtroom etiquette or using incorrect modes of address.
• How etiquette interacts with case management (for example, timely service of skeleton arguments, electronic bundle protocols and directions compliance).
• Special considerations for interim applications, remote hearings and the conduct expected when dealing with court staff and ushers.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. How should you address a Circuit Judge sitting in the County Court?
   1. Sir/Madam
   2. Your Lordship/Ladyship
   3. Your Honour
   4. Your Worship
2. Which of the following actions is generally required when a judge enters the courtroom?
   1. Remain seated but silent
   2. Stand up
   3. Bow towards the judge
   4. Announce your presence
3. What is the conventional way to refer to opposing counsel who is a barrister but not King's Counsel (KC)?
   1. Counsel
   2. My opponent
   3. My learned friend
   4. Mr/Ms [Surname]

Introduction

Effective participation in court proceedings requires not only a strong solid understanding of the law and facts but also adherence to established customs of address and behaviour. Courtroom etiquette and correct modes of address are fundamental aspects of professional conduct for solicitors in England and Wales. They uphold the dignity of the court, show respect for the judiciary and other participants, and contribute to the smooth running of the litigation process. Familiarity with these conventions is essential for demonstrating competence and professionalism, key requirements for the SQE1 assessment. This article details the specific forms of address for different judicial officers and outlines the expected standards of behaviour within the courtroom environment.

The court’s active case management and the overriding objective require practitioners to behave cooperatively, comply with rules and directions, and avoid wasting court time. Courteous, efficient advocacy—supported by accurate bundles and focused submissions—helps the court decide cases justly and at proportionate cost.

Key Term: Mode of Address
The formal title or manner used when speaking to or about judges, magistrates, and other officials within a court setting.

Key Term: Courtroom Etiquette
The conventional rules of personal behaviour and decorum expected of legal professionals and other participants during court proceedings.

Modes of Address

Using the correct mode of address when speaking to or referring to judges and other court participants is a critical aspect of courtroom etiquette. Failure to do so can be perceived as disrespectful and unprofessional.

Addressing the Judiciary

The title used depends on the specific court and the rank of the judge. Precision is important.

Here are the standard forms:

• Magistrates' Court:

  • Lay Magistrates: Address the chair as "Sir" or "Madam," or address the bench collectively as "Your Worships."
  • District Judge (Magistrates' Court): Address as "Sir" or "Madam."

• County Court:

  • Circuit Judge: Address as "Your Honour."
  • District Judge: Address as "Sir" or "Madam."
  • Recorder (civil): Local practice varies; “Your Honour” is widely accepted when a Recorder sits as a judge of the County Court. If in doubt, “Judge” or “Sir/Madam” and adopt the judge’s stated preference.

• High Court (including the Business and Property Courts, TCC and Commercial Court):

  • High Court Judge: Address as "My Lord" or "My Lady."
  • High Court Judges (including Senior Courts Costs Judges and Chancery Judges): Address as "Judge" or "Sir/Madam" (the judge will indicate any preference).
  • Insolvency and Companies Court Judge/Registrar/Associate Judge: Address as "Judge" or "Sir/Madam" (follow the judge’s preference).

• Court of Appeal:

  • Lord/Lady Justice of Appeal: Address as "My Lord" or "My Lady."

• Supreme Court:

  • Justice of the Supreme Court: Address as "My Lord" or "My Lady."

When referring to judges in the third person during proceedings, use "His Lordship," "Her Ladyship," "His Honour Judge [Surname]" for Circuit Judges, "District Judge [Surname]" for District Judges, and "Lord/Lady Justice [Surname]" for the Court of Appeal. In writing (for example, on a skeleton argument), use the judge’s style: “Mr/Mrs/Ms Justice [Surname]” for the High Court; “Lord/Lady Justice [Surname]” for the Court of Appeal; “The Rt Hon Lord/Lady [Surname]” in the Supreme Court.

A few practical points:

• If you slip and use a form intended for another level (for example, “Your Honour” to a High Court Judge), correct yourself politely and move on; lengthy apologies are unnecessary.
• If the court signals a particular preference (for example, a Judge inviting “Sir/Madam”), adopt it.
• In remote hearings, address the judge exactly as you would in person.

Etiquette note: Avoid using “Judge” to address High Court judges (use “My Lord/My Lady”). “Your Honour” is reserved for Circuit Judges and (in criminal courts) for some Recorders. If unsure before the hearing, ask the usher discreetly.

Addressing Other Court Participants

Professional courtesy extends to how you address others involved in the proceedings:

• Opposing Counsel (Barrister): Conventionally referred to as "my learned friend." If they are King's Counsel, use “my learned friend, [Mr/Ms Surname] KC.” When naming in court, “Mr/Ms [Surname]” is appropriate.
• Opposing Counsel (Solicitor Advocate): “My friend” or “my learned friend” are both acceptable; the latter is increasingly common in higher courts. Naming as “Mr/Ms [Surname]” is also proper.
• Your Instructing Solicitor/Team: Refer to “those instructing me” or “my instructing solicitors.”
• Witnesses: Use formal titles like "Mr," "Mrs," "Ms," "Mx," "Dr," followed by their surname. Avoid first names.
• Parties: Refer to parties as "the Claimant" or "the Defendant." When necessary, add the surname (for example, “the Defendant, Mr Ahmed”).
• Usher and Court Staff: “Usher,” “Court clerk” or “Court officer” are acceptable; maintain courtesy at all times.

When referring to the other party’s case, avoid pejorative language. Use neutral formulations such as “My friend contends…” or “The Defendant’s primary submission is…”

Courtroom Etiquette

Beyond correct address, specific behaviours are expected within the courtroom to maintain order and show respect for the judicial process.

Entering and Leaving the Courtroom

Observe the following protocols:

• Punctuality and preparation: Arrive early, locate your courtroom, and liaise with the usher. Ensure bundles (paper or electronic) are ready and aligned with any directions.
• Judge Entering/Leaving: Stand when the judge enters or leaves the courtroom. This is a mark of respect for the judge and the court's authority.
• Bowing: Upon entering or leaving the courtroom while the court is in session, pause at the door and bow towards the judge (or the Royal Coat of Arms if the judge is not present). This acknowledges the authority of the Crown vested in the court.
• Seating: Counsel for the claimant typically sits to the left as you face the bench and the defendant to the right, but follow local layout and the usher’s direction. Do not occupy the witness box or clerk’s desk.

Conduct During Proceedings

Maintain professionalism throughout the hearing:

• Standing to Speak: Always stand when addressing the court, whether speaking to the judge, questioning a witness, or making submissions. Remain standing until you have finished speaking or the judge indicates you may sit.
• Turn‑taking: Do not interrupt the judge. If you must interject (for example, for a point of law or to protect a privilege), rise and say “My Lady/My Lord, may I assist?” or “My Lady/My Lord, a point of housekeeping.”
• Seeking Permission: If you need to move around the courtroom (for example, to approach the witness box or the bench), seek the judge's permission first.
• Attentiveness: When not actively speaking, sit quietly and listen attentively. Avoid rustling papers, whispering, or any behaviour that distracts the court.
• Ex parte communications: Do not attempt to communicate with the judge outside the hearing or without the other side present. Correspondence to the court must be copied to all parties, unless the court has authorised a without‑notice process.
• Dealing with court staff and ushers: Courtesy and cooperation are essential. They assist in listing, ushering witnesses, and handling exhibits.

Key Term: Skeleton Argument
A concise written document summarising the factual background, the issues, the propositions of law relied upon, and the structure of the party’s submissions, with references to authorities and the bundle.

Courts often set deadlines for filing and serving skeleton arguments, case summaries and authorities. Late or non‑compliant filing wastes court time and may draw criticism or costs consequences.

Making Submissions and Objections

Key Term: Submissions
Formal oral or written arguments presented to the court by legal representatives on points of law or fact relevant to the case.

• Clarity and Conciseness: Present arguments clearly and concisely. Signpost your submissions (“three short points, My Lady…”), take the judge to the page/paragraph of the bundle, and pause so the judge can read.
• Answer questions directly: If the judge asks a question, answer it. If you need to check a reference, say so and do it swiftly.
• Objecting: If you need to object (for example, to a leading question in examination‑in‑chief or to inadmissible hearsay), rise and state the point briefly: “My Lord, that is leading,” “My Lady, the witness is reading from a document not yet in evidence,” or “My Lord, that goes beyond the pleaded case.” Civil advocates rarely use the single word “Objection”; a polite, focused explanation is preferred. Wait for the judge’s ruling before continuing.

Witness Handling

• Oath or affirmation: A witness gives evidence under oath or affirmation. Do not prompt answers.
• Evidence‑in‑chief: Typically, the witness statement stands as evidence‑in‑chief. Only seek permission to expand it on genuinely new matters, or to clarify ambiguities.
• Use of documents: Ask permission to show a document to the witness. Direct the court to bundle and page reference. If the witness needs to refresh memory from a document, seek the court’s leave.
• Cross‑examination: Leading is permitted. Keep questions short and clear; avoid argument.
• Conferences during evidence: Once a witness has begun giving evidence, do not discuss their evidence with them until they have finished, unless the court directs otherwise.

Document Handling

Efficiently managing documents is important:

• Identification: Refer to documents using their designated number or letter within the agreed court bundle, and give page and paragraph references.
• Distribution: Ensure the judge, witness, and opposing counsel have the correct document before you refer to it.
• Approaching Witnesses: Ask for the judge's permission before handing a document to a witness.
• Bundles: Agree bundle contents with the other side where possible. Paginate, index and tab. For multi‑track trials, file the trial bundle between seven and three days before trial per directions. Include statements of case, witness statements, expert reports, orders, and any notices (for example, hearsay notices).

Key Term: E‑bundle
An electronic hearing bundle prepared to an agreed or directed standard (indexing, bookmarks, consistent file naming and pagination) for use at remote or hybrid hearings or where directed by the court.

E‑bundles should be bookmarked by section and document, with a searchable index and consistent pagination across the file. Follow any court‑issued guidance on naming conventions and hyperlinking authorities.

Use of Technology

The use of electronic devices is subject to strict rules:

• Mobile Phones: Must be switched off or silenced completely. Using a phone for calls, messages, or recording is prohibited and may constitute contempt of court.
• Laptops/Tablets: Generally permissible for case preparation and note‑taking, but ensure devices do not cause disruption (no audible notifications, keyboard noise kept to a minimum).
• Recording: Audio or visual recording of proceedings is strictly forbidden without explicit permission from the court. This applies equally in remote hearings. Screenshots or photographs of the judge or the screen are prohibited.
• Remote hearings: Join punctually, named correctly, with camera on unless directed otherwise. Dress and behave as you would in court. Mute when not speaking. Ensure confidentiality and a quiet environment.

Key Term: Contempt of Court
Conduct that disrespects or disobeys the authority of a court, or interferes with the administration of justice, punishable by fine or imprisonment.

Professional Duties to the Court (advocacy context)

• Your primary duty is to the court and the proper administration of justice. Do not mislead the court; correct any material error promptly.
• Draw the court’s attention to relevant authorities and legislation that are materially adverse to your case where they are not cited by your opponent.
• Comply with all orders and time limits. Persistent non‑compliance can attract sanctions (including adjournment costs, wasted costs orders or case‑management sanctions).

Key Term: Wasted Costs Order
An order that legal representatives personally pay costs caused by their improper, unreasonable or negligent conduct.

Key Term: Without prejudice
Communications made in a genuine attempt to settle a dispute are generally privileged from being shown to the court dealing with the merits, to allow parties to negotiate freely.

Never put without prejudice correspondence before the trial judge dealing with liability or quantum unless an exception applies and the court has given permission.

Worked Example 1.1

You are a solicitor advocate appearing in the County Court before a Circuit Judge. Opposing counsel, a barrister, continually refers to the judge as "Sir." What, if anything, should you do?

Answer:
While you might personally note the error, it is generally not advisable to correct opposing counsel's mode of address directly in open court, as this can appear disruptive or pedantic. The judge is likely to correct counsel if they deem it necessary. Your primary focus should remain on presenting your client's case effectively and maintaining your own professional conduct, including using the correct mode of address ("Your Honour") yourself. If the error persists and causes confusion or disrespect, a discreet word might be had during an adjournment, but direct confrontation in court is usually best avoided.

Worked Example 1.2

During cross-examination in the High Court before a High Court Judge ("My Lady"), a witness gives an answer that directly contradicts their signed witness statement. You wish to highlight this inconsistency. How should you proceed?

Answer:
You should:

1. Politely ask the judge for permission to refer the witness to their statement: "My Lady, may I refer the witness to their statement dated [Date]?"
2. Once permission is granted, direct the witness to the relevant page and paragraph number in the court bundle: "Mr./Ms. [Witness Surname], could I ask you to turn to page [X], paragraph [Y] of the trial bundle, which contains your signed witness statement?"
3. Ask the witness to confirm they signed the statement and that the contents were true to the best of their knowledge and belief at the time.
4. Read the relevant passage from the statement aloud and ask the witness to confirm they wrote/agreed to that.
5. Politely point out the contradiction with their oral evidence: "You told the court a moment ago that [summarise oral evidence]. Your statement says [summarise statement evidence]. Which is correct?" This must be done respectfully and without aggression.

Worked Example 1.3

You are attending a remote interim application listed for 30 minutes. The order requires skeleton arguments and a short bundle to be filed and served two days before the hearing. Opponent serves a skeleton on time but refuses to agree a core e‑bundle. Your junior colleague proposes screensharing ad hoc documents during the hearing. What is the best course?

Answer:
Maintain efficiency and etiquette: file and serve your skeleton argument and a properly indexed e‑bundle on time, with clear bookmarks and pagination. Inform the court (politely and briefly, in writing) of the steps you have taken and that the e‑bundle has been provided to the court and opponent. At the hearing, resist ad hoc screensharing; instead, take the judge to the e‑bundle references. If the opponent relies on stray documents, invite the court to have them added to the e‑bundle for fairness and ease of reference. Disorganised presentation wastes court time and risks criticism or costs.

Worked Example 1.4

In a fast‑track trial you discover that a paralegal has inadvertently included a without prejudice letter in the trial bundle. It is on the judge’s desk as the court sits. What should you do?

Answer:
Raise the issue immediately and candidly. Stand and say: “My Lady, I am grateful: an error has been identified in the trial bundle. A without prejudice letter appears at tab [x], which should not be before the court. May I ask that the court and my friend disregard it, and I will arrange for its removal?” Do not refer to its content. Prompt candour avoids misuse of privileged material and reassures the court. The judge will direct removal and will expect courtesy on both sides.

Exam Warning

Do not underestimate the importance of correct modes of address and etiquette. While a minor slip might be overlooked, persistent errors can reflect poorly on your professionalism and preparation. SQE1 questions may test your knowledge directly (e.g., identifying the correct mode of address) or indirectly through scenarios requiring appropriate professional conduct.

Revision Tip

Create a simple table listing the different courts and judge types alongside their correct modes of address. Practice using these terms. Observe court proceedings (if possible) or watch recordings to see etiquette in action.

Key Point Checklist

This article has covered the following key knowledge points:

• Correct modes of address vary significantly depending on the court and the specific judicial office (e.g., "Your Honour" for a Circuit Judge, "My Lord/Lady" for a High Court Judge; “Judge” for High Court Judges).
• Respectful etiquette includes standing when the judge enters/leaves, bowing, addressing the court correctly when speaking, and seeking permission when necessary.
• Opposing counsel are typically addressed as "My learned friend" (barristers) or "my friend" (solicitor advocates), with “Mr/Ms [Surname]” acceptable throughout.
• Focused advocacy includes structured submissions, accurate bundle management, and timely filing of skeleton arguments and case summaries in accordance with directions.
• Appropriate ways to raise objections include concise, courteous interventions identifying the rule or principle engaged (leading, hearsay notice, beyond the pleadings).
• Remote hearing etiquette mirrors in‑person standards: punctuality, formal address, no recording, and properly prepared e‑bundles.
• Clear protocols exist for making submissions, handling objections, referring to documents, and using technology in court.
• Breaches of etiquette or incorrect address can undermine professionalism and potentially constitute contempt of court or lead to costs sanctions (including wasted costs orders).

Key Terms and Concepts

• Mode of Address
• Courtroom Etiquette
• Submissions
• Contempt of Court
• Skeleton Argument
• E‑bundle
• Wasted Costs Order
• Without prejudice