Courtroom etiquette and time management - Introductions, mod...

Learning Outcomes

After reading this article, you will understand essential courtroom etiquette for solicitors, including formal introductions, proper use of judicial titles, structuring opening and closing submissions, and practical approaches to time management in court. You will be able to identify and apply the correct formalities in various court settings, manage your time during hearings, and avoid typical pitfalls regarding professional conduct.

SQE2 Syllabus

For SQE2, you are required to understand the rules and expectations around courtroom etiquette and time management. In your revision, focus particularly on:

• the requirements for formal introductions in different courts
• correct modes of address for judges, magistrates, and other parties
• structuring and delivering effective opening and closing arguments
• managing presentation time effectively during hearings and submissions
• maintaining professional conduct and courtroom decorum at all times

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. Which mode of address should you use for a Circuit Judge in the County Court?
   1. My Lord
   2. Your Honour
   3. Sir/Madam
   4. Associate Judge
2. When making an opening submission, what is its main purpose?
   1. Presenting all arguments in detail
   2. Giving a high-level outline of facts, issues, and evidence
   3. Cross-examining the first witness
   4. Providing your personal opinion of the case

3. During a contested hearing before magistrates, how should you introduce yourself and your opponent to the bench?

4. What are two key actions you can take to ensure efficient use of time during court hearings?

Introduction

Proper etiquette and efficient time management are critical skills for solicitors in court. Good practice is not only a matter of tradition but also of professional obligation and public perception. Understanding how to introduce yourself, address judges and others correctly, and deliver openings and closings while managing time effectively helps maintain courtroom order, demonstrates respect, and supports persuasive advocacy.

Courtroom Introductions and Appearances

Formal Introductions

Begin each hearing by introducing yourself using the correct formula for the court and judge. Give your name, firm (if appropriate), and whom you represent. Always introduce any other advocate present, including your opponent, using their name or role.

Key Term: formal introduction
The act of announcing yourself, your client, and your opponent to the court in accordance with required protocol.

Example

"Your Honour, my name is Ms Grey of Oswalds LLP, and I appear for the claimant, Mr Brown. My learned friend Mr Lee appears for the defendant."

Proper introductions allow judges, the court staff, and other parties to confirm representation and order of proceedings.

Modes of Address

Judicial Titles

Different courts and judges require different forms of address. Use the correct title at all times in oral submissions and in correspondence.

Key Term: mode of address
The prescribed way of addressing a judge, magistrate, or other court official according to court protocol.

• For Recorders, use "Your Honour" in court.
• When in doubt, ask the court usher or clerk beforehand.

Opponent and Witnesses

• Address a barrister as "my learned friend," a solicitor as "my friend," and a litigant in person by their status or name.
• Call witnesses "Mr/Mrs/Miss/Dr [surname]."

Professional Etiquette

Dress Code and Conduct

Wear the appropriate attire for the court: dark suits for solicitors and robes and wig where required (usually higher courts and certain hearings). Stand to address the court unless local custom dictates otherwise. Remain courteous with judges, court staff, your opponent, and witnesses at all times.

Body Language and Demeanour

Appear confident, attentive, and respectful. Avoid fidgeting, slouching, or speaking over others. Maintain eye contact with the judge or bench.

Timing and Turn-taking

Stand when required to speak, and sit when it is the turn of others. Only one advocate should stand at a time unless invited by the judge.

Openings and Closings

Opening Submissions

The opening sets the framework for the court. Provide a concise summary of the matter, the key issues, the order in which you will proceed, and the relief sought. Do not argue your case in detail or comment on the evidence.

Key Term: opening submission
A short, structured speech introducing the case, issues, and evidence to the court.

Outline what witnesses will be called and what you hope the evidence will show, without forecasting arguments. Keep it factual, chronological, and non-contentious.

Worked Example 1.1

Scenario: You are instructed to open a claimant's case in a breach of contract dispute.

Answer:
"Your Honour, this is a claim for damages arising from an alleged breach of contract between the claimant and defendant. The issues for determination are the existence of the contract and whether the defendant failed to supply goods as agreed. The claimant will call two witnesses of fact, and a schedule of losses is included in the bundle. The relief sought is payment of £15,000 plus interest and costs."

Closing Submissions

The closing is your final opportunity to persuade. Summarise key evidence, focus on the main issues identified, address any weaknesses, and apply the law to the facts. Always remind the judge or bench of the burden and standard of proof. Do not give your personal opinion; submit arguments based on evidence only.

Key Term: closing submission
The advocate's structured speech, summarising and analysing evidence in support of their client's case and remedy sought.

Worked Example 1.2

Scenario: You are to close for a defendant in a summary hearing where the only issue is identification.

Answer:
"Sir, the issue for the court is whether the prosecution has proved beyond reasonable doubt that the defendant was the person seen at the scene. The only evidence identifying the defendant comes from a single witness, who conceded poor lighting and limited opportunity. No supporting evidence has been produced. Accordingly, I submit that the burden has not been discharged and the defendant must be acquitted."

Sequencing and Structure

For both opening and closing speeches:

• Use a clear framework: introduction, facts, issues, application of law, and conclusion.
• Direct the court to relevant documents by reference, not by reading them in full.
• Address weaknesses directly and explain why your argument remains preferred.

Exam Warning

In both openings and closings, avoid expressing your personal opinion—use "I submit" or "it is submitted" rather than "I think" or "I believe." Failure to observe this can lead to judicial rebuke or weakened arguments.

Time Management in Court

Preparation

• Arrive early, review the court list, ensure all documents and notes are in order, and check which judge is sitting.
• Know the order of cases and be ready to proceed

During Hearings

• Keep to time allocations for submissions and speeches as indicated by the judge or local practice.
• Prioritise the key points—if the court is pressed for time, focus only on the strongest arguments.
• Take short notes for quick reference during proceedings.

Responding to Judicial Interventions

• Listen carefully; answer questions directly.
• If unsure, request a brief moment to consult your notes before responding rather than guessing.
• If you do not know an answer, offer to revert in writing post-hearing.

Common Pitfalls

• Using the incorrect judicial title or addressing a judge too informally.
• Failing to introduce oneself or the opponent adequately.
• Overly lengthy or disorganised opening or closing.
• Expressing personal views rather than submissions.
• Frequently interrupting others, or exceeding allocated time.
• Arriving late or unprepared for the hearing.

Revision Tip

Check beforehand which judge is hearing your case and the correct form of address. If in doubt, ask a court official before proceedings begin.

Key Point Checklist

This article has covered the following key knowledge points:

• Correct formal introductions and addressing protocol for each court and judicial level
• Structured, concise opening and closing submissions tailored for the hearing
• Maintaining professional dress, demeanour, and body language at all times
• Efficient use of time before and during hearings through preparation and focus
• Managing interruptions and responding to the judge's questions clearly
• Avoiding common mistakes in etiquette, timekeeping, and advocacy

Key Terms and Concepts

• formal introduction
• mode of address
• opening submission
• closing submission