Preparation for trial - Modes of address and courtroom etiquette

Learning Outcomes

This article outlines the essential modes of address and standards of courtroom etiquette required in civil litigation within England and Wales. It details the correct way to address judges across different courts and explains the expected conduct for legal professionals during proceedings. Understanding these conventions is important for maintaining professionalism and ensuring effective communication in court, which is a key competency assessed in SQE1. This knowledge enables the application of professional standards to practical scenarios encountered by newly qualified solicitors.

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.

As you work through this article, remember to pay particular attention in your revision to:

• 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.

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.

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.

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.

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."
• High Court:
  • High Court Judge: Address as "My Lord" or "My Lady."
  • Associate Judge or Registrar: Address as "Sir" or "Madam."
• 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," or "Her Honour" as appropriate.

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."
• Opposing Counsel (Solicitor): Address as "Mr/Ms [Surname]" or simply "my friend."
• Witnesses: Use formal titles like "Mr," "Mrs," "Ms," "Dr," followed by their surname.
• Parties: Refer to parties formally as "The Claimant" or "The Defendant."

Courtroom Etiquette

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

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

Entering and Leaving the Courtroom

Observe the following protocols:

• 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.

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.
• Seeking Permission: If you need to move around the courtroom (e.g., to approach the witness box or the bench), seek the judge's permission first.
• Attentiveness: When not actively speaking or presenting, sit quietly and listen attentively. Avoid distractions like rustling papers excessively, chatting, or using electronic devices inappropriately.
• Interruptions: Avoid interrupting the judge, witnesses, or opposing counsel when they are speaking. Wait for an appropriate moment to make your point or objection.

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. Address the judge directly using the correct mode of address.
• Objecting: If you need to object (e.g., to a question asked by opposing counsel or to inadmissible evidence), stand and clearly state "Objection" or "I object, Your Honour/My Lord/My Lady," followed immediately by the legal basis for your objection (e.g., "Objection, leading question," "Objection, hearsay"). Wait for the judge's ruling before continuing.

Document Handling

Efficiently managing documents is important:

• Identification: Refer to documents using their designated number or letter within the agreed court bundle.
• 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.

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 seek clarification from the court if unsure. Ensure devices do not cause disruption.
• Recording: Audio or visual recording of proceedings is strictly forbidden without explicit permission from the court.

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.

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.

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).
• 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 "Mr/Ms [Surname]" (solicitors).
• 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.

Key Terms and Concepts

• Mode of Address
• Courtroom Etiquette
• Submissions
• Contempt of Court