Courtroom etiquette and time management - Pacing and allocat...

Learning Outcomes

This article covers courtroom etiquette and effective advocacy time management for SQE2 oral assessments, including:

• Core standards of professional behaviour, correct forms of address, and respectful conduct in court
• Prioritising and allocating time to issues with disciplined pacing under strict time limits
• Structuring submissions for clarity and efficiency, signalling a route map, and focusing on decisive points
• Identifying and avoiding common pitfalls in etiquette, pacing, and time management
• Anchoring arguments to governing legal or procedural tests and applying facts concisely
• Responding to judicial interventions succinctly and bridging back to your structure without losing momentum
• Using skeleton arguments and concise notes to support clear delivery without reliance on scripts
• Practical techniques for monitoring progress, adjusting pace when behind, and closing with the order sought

SQE2 Syllabus

For SQE2, you are required to understand courtroom etiquette and be able to manage and allocate time effectively during advocacy exercises, with a focus on the following syllabus points:

• Following the required standards of professional behaviour and etiquette during court hearings and oral submissions
• Correctly prioritising and allocating your time to different legal and factual issues under time pressure
• Adjusting your approach to courtroom protocols and judge-led expectations during hearings
• Recognising and avoiding common errors in pacing, submission structure, and time management
• Applying the relevant legal tests concisely (for example, summary judgment and set-aside criteria) rather than reciting law in the abstract
• Managing judicial interventions, staying responsive while protecting time for your main arguments
• Using skeleton arguments proportionately and presenting submissions that are clear, logical, and succinct

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. Why is it risky to spend too long on less significant issues during a timed oral advocacy assessment?
2. What is the correct way to address a Circuit Judge, a District Judge, and your opponent in the County Court in oral submissions?
3. List three strategies for keeping your oral presentation on schedule during a hearing.
4. True or false: In SQE2, exceeding the allocated time for advocacy always leads to immediate assessment failure.

Introduction

Courtroom etiquette and efficient time management are essential skills for SQE2 advocacy tasks. Proper conduct and clear, concise communication ensure you present yourself as a competent solicitor and maintain the respect of the court. Simultaneously, your ability to pace your submissions and allocate time to the most important issues affects your effectiveness and assessment outcome. This article will provide the rules and techniques you need to address the court correctly, structure your time, prioritise submissions, and avoid the pitfalls of running out of time or covering trivial points.

Effective advocacy is not solely about speaking well; it is about selecting and sequencing points so the court can decide the application efficiently and justly. The procedural regimes in civil and criminal courts aim to deal with cases proportionately and to avoid waste. Your duties to the court include not misleading, not wasting time, and assisting the court to reach decisions on the true issues. Time management is therefore part of professional conduct as well as good advocacy.

Key Term: courtroom etiquette
The set of behaviours, forms of address, and conventions which demonstrate respect for the court, parties, and process during hearings or trials.

Courtroom Etiquette – Professional Conduct and Respect

Professional courtesy and proper behaviour are non-negotiable in all court settings.

Key Term: form of address
The correct title or phrase used to address a judge or court official, depending on their role and the court's level (e.g., "Your Honour", "Sir", "Madam").

Your manner, language, and treatment of the judge, court staff, witnesses, opponents, and clients reflect on you and your firm. Disregarding etiquette risks undermining your credibility and the interests of your client.

Show respect by:

• Standing when addressing the judge, unless directed otherwise
• Using the correct form of address for the judge (see below)
• Referring to your opponent as 'my friend' or 'my learned friend' (for barristers)
• Avoiding personal or antagonistic remarks
• Remaining calm and listening attentively when the judge speaks
• Never interrupting the judge or opponent unnecessarily
• Keeping language professional and avoiding slang
• Bowing on entry/exit and never leaving the judge ‘unattended’ unless directed
• Speaking at a measured pace that the judge can note; watch the judge’s pen and adjust your speed

Key Term: professional conduct
The behaviour and ethical standards required of solicitors, including upholding public trust, acting with courtesy, and complying with court rules.

Professional obligations include upholding the proper administration of justice, not wasting the court’s time, and assisting the court to focus on what matters. Poor etiquette and unfocused speaking (rambling, irrelevant history, reading out long passages of law) are not just ineffective—they may breach duties to the court and, in practice, risk criticism or adverse costs.

Correct Forms of Address

The key forms of address at court are as follows:

• Circuit Judge (County Court): 'Your Honour'
• District Judge: 'Sir' or 'Madam'
• Magistrates: 'Sir', 'Madam', or collectively 'Your Worships'
• Procedural Judges (High Court): 'Sir' or 'Madam'
• Opponent (Solicitor): 'my friend'

Always clarify the judge’s role before the hearing. Practices vary with judicial office and jurisdiction (for example, some procedural judges are addressed as “Sir” or “Madam” and some courts use “My Lord/My Lady” for High Court judges). If uncertain, ask the usher discreetly or check the daily list.

Good practice conventions include:

• Only one advocate on their feet at a time; if your opponent rises, sit and allow them to be heard
• Do not speak while oaths are administered
• Avoid gesticulation, fidgeting, or exaggerated reactions to rulings or evidence
• Use neutral, objective language to challenge points rather than emotive phrasing

Time Management and Pacing – Core Principles

Oral examination hearings in SQE2 are strictly timed. Effective management of your submission is essential to cover all necessary points and achieve a positive outcome. Poor pacing, such as spending too long on minor issues or rushing complex topics, may leave important arguments unresolved or unfinished.

Key Term: pacing
The controlled speed and distribution of time during submissions or questioning to ensure all essential issues are covered within the time allowed.

Common scenarios include:

• Failing to reach key arguments before the time expires
• Finishing early but missing opportunities to argue stronger points
• Running out of time because of over-detailed background or rambling
• Reading from a script and losing responsiveness to questions
• Lecturing on the law without applying it to the facts and the test

Effective pacing is achieved by deciding in advance the time you will allocate to each issue, keeping answers focused, and refusing to be sidetracked. It is also about deciding when to stop: once an essential element is accepted or a point is sufficiently made, move on rather than repeating or embellishing.

Key Term: allocation of time
The planned and deliberate distribution of available minutes or sections of a hearing to specific issues or arguments.

Allocating Time to Issues: Prioritisation

Not all points are equal. In limited time, you must tackle the most important legal or factual issues first. Prioritisation means identifying the governing test the court must apply and ensuring your strongest points against that test are covered early.

Worked significance:

• In a summary judgment application, the court asks whether there is a real prospect of success or any other compelling reason for trial. Time should be dedicated to those limbs.
• On a set-aside of default judgment, the court looks at promptness and real prospect of success; both require clear, concise submissions supported by evidence.

Worked Example 1.1

You are instructed to present an application for summary judgment. You note five points to raise, but the first relates only to minor evidence while the final two are essential to the core legal argument. The hearing lasts ten minutes. What is the risk if you discuss the first three points in detail before addressing the main issues?

Answer:
You may run out of time before arguing the central points. If the judge is unconvinced on your strongest arguments, your client’s case may fail even though the less important points were well presented. Always cover the central issues before adding less significant material.

Allocate your time to reflect each issue’s importance, bearing in mind the weight it carries in the decision. A practical approach is to split the time roughly into: brief introduction and route map; main test or criteria; application of the facts; conclusion and order sought; and leave a short reserve for questions.

Practical Steps for Pacing and Time Allocation

1. Preparation: Identify the governing legal or procedural test and list issues in priority order. Estimate the minutes for each. Build in a small reserve to handle questions without sacrificing your main argument.
2. Outline Your Submission: At the start, signal structure: “There are three points—promptness, merits, and the order sought.” This frames the time allocation for the court and helps you keep your place.
3. Monitor Your Progress: Use short headings in your notes (not a script). At two-minute intervals, check you are on track; be ready to advance to the next issue.
4. Be Concise: Apply law to facts; avoid lengthy quotations or reading from authorities. If a proposition is non-contentious, state it briefly and move to application.
5. Keep an Eye on the Time: Glance discreetly at a clock. If you are behind, compress background and move directly to the decision point the court must make.

Exam Warning

In oral SQE2 assessments, candidates who fail to reach their main argument because of overspending time on less critical points may not achieve the required standard—even if early sections are well delivered.

Structuring Submissions for Effective Time Management

A well-structured submission enables both the court and the advocate to allocate time effectively. Your aim is to be clear, logical, and responsive.

• Introduction: Briefly identify the application, parties, and the order sought. Confirm the court has the key papers.
• Main Arguments: Present the principal issue(s) first and apply the relevant test to your best facts.
• Secondary Points: Only include additional matters if time permits and they add value to the decision under the test.
• Conclusion: Summarise the key reasons and restate the order sought. Offer to assist with any questions.

Advocacy for interim applications benefits from a disciplined approach: identify the issues for decision; take the judge to the relevant parts of the witness statements and exhibits; apply the rule or test; and avoid reading out evidence or law unnecessarily. Always anticipate the opponent’s central point and address it in your structure.

Worked Example 1.2

You are making a plea in mitigation and have fifteen minutes. Your written plan allocates four minutes each to the offence and the personal background, and five minutes to mitigation and sentence. During the oral presentation, you spend ten minutes detailing background. What is the likely consequence?

Answer:
You may have insufficient time to address mitigation or argue for a particular sentence. This risks failing to demonstrate mitigation, leaving the client exposed to a harsher penalty.

Revision Tip

When practising for SQE2 advocacy, rehearse aloud with a timer and stop when your time is up. Adjust your delivery to hit your key points in the allotted time. Train yourself to summarise efficiently when a section overruns.

Handling Interventions and Adjusting Pace

Court hearings are dynamic. Judges may interrupt with questions or seek clarification. You must remain polite, answer directly, and adjust your pace if interruptions have delayed your submission.

• Acknowledge the question, answer succinctly, and bridge back to your structure (“Returning to promptness, my second submission is…”).
• Do not argue about time with the judge; accept directions and proceed.
• If running short, drop lower-priority points and focus on the core elements of the test you must satisfy or resist.
• If a question opens an unhelpful diversion, answer briefly and propose to deal with detail in writing or after addressing the main point.

Responsive advocacy signals competence. Avoid rigid reliance on a script; use your route map to stay oriented and protect the time reserved for the decisive points.

Practical Tips for Allocating Time and Pacing

• Arrange Your Notes: Use short headings, page references, and key phrases. Avoid full scripts; speak from notes.
• Set Benchmarks: Know where you should be at one-third and two-thirds of your time; adjust if behind.
• Signal Yourself: Write prompt words such as “TEST” or “ORDER SOUGHT” as anchors in your notes.
• Prioritise Arguments: In a crunch, cover only the arguments that engage the test directly; peripheral points can be dropped.
• Keep to Structure: Begin with the order sought and the test, not a long narrative; insert essential facts to support each limb of the test.

Voice and pace matter. A slightly slower, deeper delivery carries further without shouting and helps the judge follow and note. Pauses used intentionally can emphasise key points, mark transitions, and allow the listener time to absorb your submission.

Common Pitfalls in Pacing and Issue Allocation

• Spending most of your time on minor background or weaker issues
• Providing excessive procedural history at the expense of applying the legal test
• Repeating information instead of progressing
• Losing track of remaining time
• Ignoring judge's signals to move on
• Lecturing on law without applying it directly to the facts
• Failing to respond to judicial questions (the ‘one-track’ approach)
• Wandering between topics (the ‘random walk’), instead of closing issues and advancing

Worked Example 1.3

During a possession hearing with tight time limits, you spend the opening five minutes describing the lease, leaving only three minutes for grounds and evidence. What should have been done differently?

Answer:
The structure should cover legal grounds for possession and supporting evidence first. Background and detail should only be added if time allows.

Worked Example 1.4

You act on an application to set aside default judgment. The judge has listed ten minutes. The test includes promptness and a real prospect of success. How should you allocate time?

Answer:
Start with a one-minute route map and order sought; spend three minutes on promptness (dates, steps taken), four minutes on merits (the core defence points and any supporting evidence), one minute on any other good reason, and one minute on conclusion and costs. Drop anything that does not feed the test.

Worked Example 1.5

In a summary judgment response, the claimant focuses on contractual terms but ignores your factual dispute. The judge interjects to ask: “Where is your real prospect?” How do you adjust?

Answer:
Move immediately to the strongest factual dispute (e.g., non-conforming goods and contemporaneous emails), explain how it meets the real prospect threshold, and reserve lesser points. Apply the test directly and show the factual conflict.

Courtroom Etiquette – Responsibilities to the Court and Professional Standards

Conduct and time discipline are inseparable from your responsibilities to the court. Key expectations include:

• You must not mislead the court, misquote evidence, or make assertions unsupported by credible material
• You must draw attention to relevant authorities or procedural irregularities likely to have a material effect on the outcome
• You must comply with court orders and directions and avoid conduct that wastes time or costs
• You should use inclusive, respectful language, and be mindful of equality, diversity, and potential vulnerabilities of those involved

Failure to comply with professional standards can lead to judicial criticism, wasted costs orders, or more serious consequences (for example, consequences for breaching undertakings). Good time management reduces the risk of wasted costs by ensuring hearings are used efficiently and the court can make necessary orders without delay.

Structuring Different Advocacy Contexts Within Limited Time

Although SQE2 focuses on short oral hearings, the principles of structure and pacing apply across contexts. The following patterns support time discipline:

• Ad hoc interim application: Introduce parties and application, confirm documents, outline the order of submissions, explain background only if necessary, apply the relevant rule/test to the evidence with pinpoint references, and conclude on the order and costs.
• Application within an ongoing hearing: State the application, identify the test, set out factual allegations relevant to the test, respond to the opponent’s counter-arguments, and invite a decision. Avoid rehashing known background.
• Mitigation or sentencing: Prioritise the most weighty mitigating factors and the appropriate sentence range; avoid over-elaboration on background at the expense of persuasiveness on sentence.

In all formats, a skeleton argument (where permitted) should be short, issue-focused, and supportive, not a substitute for oral clarity. Keep skeletons within any applicable guidance on length and content, and use them to anchor your time-limited oral submission to the decisive issues.

Voice, Notes, and Delivery Under Time Pressure

• Speak from the lungs, not the throat, to project clearly without shouting
• Vary intonation and use deliberate pauses to emphasise transitions and key points
• Keep eye contact with the judge; do not bury your head in papers
• Use notes as prompts: headings, authority names, page/paragraph references, order sought
• Avoid reading verbatim; the court expects you to apply the law to facts, not recite it

Note-taking in the hearing helps you track points for reply and ensure consistency. Write succinct prompts rather than full sentences, and mark time checkpoints in the margin so you notice when to move on.

Applying Law Efficiently: Tests, Not Treatises

Time management improves when submissions are framed by the test the court must apply. Instead of stating the law at length, articulate the test and apply it to the evidence with precision:

• Summary judgment: No real prospect of success; any other compelling reason for trial. Apply these limbs to your facts.
• Set aside default judgment: Promptness and real prospect of success (plus any other good reason). Structure around these points.
• Interim relief or directions: Identify the criteria and address each succinctly, avoiding unnecessary exegesis.

By anchoring your submission to the test, you signal relevance, pace your argument, and reduce the risk of time-wasting detours.

Managing Opponent’s Submissions and Right of Reply

When responding:

• Identify precisely what you want the court to do and why
• Address the opponent’s strongest points first; do not avoid them
• Tie each reply to the test and the evidence, using short references to statements or exhibits
• Keep the reply concise and avoid repeating earlier submissions

In a final word, encapsulate the reason the court should make the order sought, ensuring the decisive point is fresh in the judge’s mind.

Key Point Checklist

This article has covered the following key knowledge points:

• Following courtroom etiquette, showing respect to the judge and all parties
• Using correct forms of address for different court levels and clarifying the judge’s office
• Structuring oral submissions to allocate more time to key issues and arguments
• Prioritising the most important points and keeping less significant details brief
• Managing time effectively through planning, scripting notes (not a script), and tracking progress
• Adjusting pacing in response to interruptions or an overflowing schedule, with bridging back to your structure
• Anchoring submissions to the governing legal or procedural test and applying facts directly
• Avoiding the common error of failing to deliver the main arguments due to poor pacing
• Using voice, pauses, and note prompts to support clarity and timing in delivery

Key Terms and Concepts

• courtroom etiquette
• form of address
• professional conduct
• pacing
• allocation of time