Oral submissions and courtroom procedure - Addressing the tr...

Learning Outcomes

This article covers oral submissions and courtroom procedure—addressing the tribunal and formal language, including:

• Applying correct procedure and etiquette when addressing tribunals in civil and criminal courts.
• Distinguishing the formal modes of address for judicial officers, including Recorders, procedural judges and tribunal chairs.
• Using appropriate formal language and structure for oral submissions, tailoring tone for judges, panels and juries.
• Identifying common pitfalls in oral communication and why correct formality and terminology are required for SQE2.
• Integrating SRA Principles and Code of Conduct duties into advocacy (e.g. honesty, integrity, equality, diversity and inclusion).
• Managing non‑verbal courtroom etiquette (rising, bowing, pacing, note-taking tempo) and courtroom logistics when speaking.
• Framing submissions by reference to the burden and standard of proof and deploying skeleton arguments and authorities ethically and succinctly.
• Correcting missteps promptly and professionally (e.g. mistaken title, misstated authority) while preserving respect and credibility.

SQE2 Syllabus

For SQE2, you are required to understand best practice for oral submissions, including how to address courts and tribunals and use appropriately formal language, with particular attention to the practical differences between tribunal types and the importance of respectful, professional communication, with a focus on the following syllabus points:

• the correct forms of address for judges and tribunal panels at different court levels (including Recorders, procedural judges and lay benches)
• the expected forms of language, tone, and etiquette in oral submissions
• the correct use of formal court and legal terminology in submissions and advocacy
• the appropriate adjustment of language for tribunal members versus juries or lay benches
• non-verbal etiquette (standing, bowing, oath etiquette, when to be seated)
• duties to the court (SRA Code of Conduct 2019, Code 2; CPR/CrimPR overriding objectives)
• professional courtesy to opponents, witnesses, litigants-in-person and McKenzie Friends
• the avoidance of offensive or exclusionary language and the application of inclusive language practices where appropriate
• rights of audience and respect for court traditions; consequences of misconduct (wasted costs, contempt)
• the practical impact of etiquette and speech formality on advocacy outcomes

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. What is the correct form of address for a Circuit Judge in the County Court?
2. How should you refer to your opposing advocate if they are a barrister?
3. Name three examples of inappropriate or overly informal language in court submissions.
4. What should you do if unsure about the correct title to use for a particular judge?
5. Why is the use of formal language and correct address so important in oral advocacy?

Introduction

Addressing the tribunal and using formal language are core skills for the effective courtroom advocate. Proper etiquette, accurate terminology, and respectful forms of speech are expected in every court or tribunal. This sustains fairness, maintains the court’s authority, and supports the rule of law. Professional rules support this: solicitors must act with honesty and integrity, uphold public trust, and encourage equality, diversity and inclusion (SRA Principles 1–6). Duties to the court (SRA Code of Conduct 2019, Code 2) require advocates not to mislead, not to waste time, and to assist the court in resolving issues justly. For SQE2, you must demonstrate not only substantive legal knowledge, but also correct oral advocacy technique: choose the right words and style, at the right time, for the right audience.

Key Term: mode of address
The recognised term, title, or phrase by which a judge or tribunal member is formally spoken to in court.

Key Term: tribunal etiquette
The required standards of behaviour, language, and respect in submissions made to a judge or tribunal.

Methods of Address: The Basics

Every court, tribunal, and judge has a correct title and mode of address. Using them properly is more than mere courtesy—it demonstrates knowledge of procedure, supports the court’s authority, and builds credibility with the tribunal. When unsure, check the daily court list, ask the usher before proceedings start, or listen carefully to how others address the judge.

Court-Specific Address

You must tailor your speech to the forum and the individuals hearing the case. Do not treat lay benches, District Judges, Circuit Judges, and tribunal panels as interchangeable.

If in doubt, check the court list or ask the usher before proceedings start.

Additional commonly encountered titles:

• Recorders are addressed as “Your Honour.”
• High Court procedural judges and Costs Judges are addressed as “Judge.” In some lists, Costs Judges are styled “Judge”; follow the listing and the usher’s guidance.
• Procedural judges in the High Court are addressed as “Judge.”
• In tribunals, unless told otherwise, address the chair as “Sir” or “Madam.” If the member is introduced as “Judge,” follow that term once clarified.

In senior courts, avoid the second-person “you.” Use “My Lord/My Lady” (vocative) and “Your Lordship/Your Ladyship” (when referring) as appropriate. In lower courts (District Judges, magistrates), “Sir/Madam” with sparing second-person use is acceptable.

When multiple judges sit (e.g. Court of Appeal), address the presiding judge in the vocative (“My Lord”) and refer to the court collectively as “the Court.” Where a panel sits with a legally qualified chair and lay members (e.g. First-tier Tribunals), direct submissions to the chair unless otherwise invited.

Addressing Opponents and Others

Always refer to your opponent as “My learned friend” if they are a barrister, or “My friend” if they are a solicitor. If a party is unrepresented, refer to them as “the claimant/defendant” or “Mr/Ms [Surname],” never by first name. Do not refer to a McKenzie Friend as “counsel” or imply rights of audience. Maintain courtesy and do not seek to take advantage of a litigant-in-person’s lack of legal knowledge.

For witnesses, use “Mr/Ms/Dr [Surname]”—never first names, even for your own client, unless the witness is a child and the court directs otherwise. Follow the Practice Guidance (McKenzie Friends, 2010) and any specific directions, remembering that McKenzie Friends may assist quietly but must not address the court unless specifically permitted.

Key Term: formal language
The precise, respectful choice of words and sentence structure required in court, avoiding slang, colloquialisms, or overfamiliar expressions.

Formal Language and Structure in Oral Submissions

Your speech should be measured, polite, and direct. Begin with an introduction stating who you represent and what application or matter you address. Offer assistance to the court, not a lecture.

• Use neutral and non-inflammatory words.
• Avoid slang, contractions, and overly casual phrasing (e.g., say “Your Honour, the application is for…” not “So, judge, what I wanna say is…”).
• Keep sentences concise and on point.
• Deploy respectful phrases such as “May it please Your Honour…,” “I am obliged,” and “If I may assist the court…”

A clear structure typically follows:

• Introduction: identify yourself, your client, and the nature of the application or issue.
• Short, focused summary of relevant facts/issues.
• Statement of the key legal principle or rule relied upon (only as needed; do not recite textbook law).
• Application of law to facts in issue (one point at a time).
• Conclusion: state precisely what order or result you seek; provide or refer to a draft order if appropriate.

Key Term: oral submission
A formal argument or statement presented to a court or tribunal, spoken aloud, as part of advocacy.

Submissions to judges should be tailored to burden and standard of proof. Persuasiveness derives from meeting the necessary standard (beyond reasonable doubt in crime for prosecutors; on the balance of probabilities in civil), and identifying what the court must be sure of or satisfied about. In jury addresses, use plain English; avoid legalese unless explained.

When deploying authorities, follow the Practice Direction on Citation of Authorities (2012): cite the official law reports where available, provide pinpoint references, and avoid unnecessary authorities. Hand up a short skeleton argument where appropriate, and ensure the bundle contains copies of authorities you intend to take the court to.

Use of Titles and Correct Names

Always use the judge’s or tribunal’s correct title. If unsure, politely ask the usher or listen to how the judge is addressed. If you make a mistake, apologise promptly and switch to the correct form. Never use first names or “you” for senior judges; avoid overfamiliar phrases like “I hear what you say.” Deference, politeness and clarity are key.

Pronouncing names correctly matters: check and note the correct pronunciation. If you realise you have mispronounced, apologise briefly and correct it. Do not over-elaborate; move on gracefully.

Customary Phrases

Familiarise yourself with standard phrases that signal respect and professional court conduct, for example:

• “May it please Your Honour …”
• “I am grateful, Your Honour.”
• “If I might assist the court further …”
• “Unless I can assist further, those are my submissions, Your Honour.”

Avoid excessive repetition; offer points once, clearly. Watch the judge’s pen—speak slowly enough that the judge can take a note. If referring to authorities or rules, have copies ready and take the court to the precise passage only. Demonstrate competence early: helpfully confirm housekeeping matters (e.g., page references, time estimates) at the start so the court trusts your organisation.

Avoiding Informality and Common Pitfalls

Over-casual language or behaviour in court may cause the tribunal to view you as inexperienced or disrespectful.

• Never use the judge’s first name or “judge” as a mode of address; use the proper title.
• Do not substitute “you” for a judge’s title except sparingly with “Sir/Madam” when addressing District Judges or lay magistrates.
• Do not interrupt the tribunal; if you disagree, say: “With respect, Your Honour, I submit that…”
• Stand when addressing the judge unless told otherwise; in chambers, follow the judge’s indication.
• In remote or hybrid hearings: keep your microphone muted when not speaking, look into the camera when addressing the court, ensure an appropriate backdrop and professional dress, and identify yourself before speaking.

Worked Example 1.1

A new solicitor accidentally addresses a Circuit Judge as "Sir" during a fast-track hearing in the County Court. The judge corrects her, asking to be called "Your Honour". What should the solicitor do?

Answer:
The solicitor should apologise immediately using a neutral phrase such as “I apologise, Your Honour,” and continue using the correct title for the remainder of the hearing.

Exam Warning

Using the wrong form of address, or failing to correct yourself, can harm your credibility before the tribunal and may affect your advocacy assessment.

Worked Example 1.2

In an Employment Tribunal, you are unsure whether the judge prefers "Sir" or "Judge". How should you proceed?

Answer:
Begin with “Sir” or “Madam.” If corrected or if the judge specifies a preferred term (e.g., “Judge”), use that form onwards.

Worked Example 1.3

Your opponent is a solicitor advocate. During submissions, you refer to them as “my learned friend.” Is this appropriate?

Answer:
Reserve “my learned friend” for barristers; refer to a solicitor advocate as “my friend.” If you have used “my learned friend,” politely correct yourself and continue.

Worked Example 1.4

During your application, the judge states a principle that you believe misstates the rule. How should you correct the judge without causing offence?

Answer:
With deference and care: “Your Honour, may I assist by referring to [Rule/authority] at [pinpoint]? The wording indicates [correct principle].” Offer the text and guide the judge gently to the precise passage.

Worked Example 1.5

In the Magistrates’ Court you address the lay bench as “Your Worships.” A colleague later suggests this is technically incorrect. What should you do in future?

Answer:
“Your Worships” is widely used and often preferred by lay benches, but “Sir/Madam” is always correct. If in doubt, “Sir/Madam” is safe; follow any indication from the bench.

Worked Example 1.6

In a remote interim application your microphone momentarily drops out while you are citing an authority. When reconnected, how should you proceed?

Answer:
Acknowledge the interruption briefly and reset the court’s focus: “I apologise, Your Honour—if I may return to [case], at [pinpoint], the ratio is…” Avoid recapping at length; signpost the page and resume calmly.

Worked Example 1.7

A High Court procedural judge indicates that no skeletons are needed and invites oral submissions only. You prepared a skeleton argument. What is the appropriate response?

Answer:
Respect the indication: “Judge, I am obliged. If it assists, I can confine myself to oral submissions. My skeleton follows the same structure; I will cite the authorities with pinpoints.” Do not insist; adjust to the court’s preference.

Worked Example 1.8

You are against a litigant-in-person whose McKenzie Friend attempts to address the court on law. How do you respond?

Answer:
Avoid confrontation; invite the court’s guidance: “Your Honour, may I seek clarification on the scope of assistance permitted? I understand the McKenzie Friend’s role is supportive rather than advocacy unless the court grants permission.” Remain courteous to both.

Worked Example 1.9

During a civil trial you use a gendered pronoun for a hypothetical party which the judge queries. What should you do?

Answer:
Thank the judge and switch to inclusive wording: “I am grateful, Your Honour. I will refer to ‘they’ or ‘the party’ to avoid ambiguity.” Continue in gender-neutral terms thereafter.

Adjusting Language for Tribunal Panels and Different Audiences

If your case is before a panel (e.g., Employment Tribunal), direct submissions to the chair unless invited to address individual members. Avoid personalising argument to one panel member unless prompted; maintain focus on the panel’s collective decision-making.

When speaking to a jury, your tone and vocabulary should be accessible without losing professionalism. Explain technical points (e.g., the burden of proof) in simple terms. Avoid unexplained Latin or jargon. Phrases such as “Members of the jury, you may think …” help frame propositions without asserting personal belief. Remember that the judge determines the law; tailor any legal explanation to the level needed in context and defer to the judge’s directions.

Key Term: legalese
Technical legal vocabulary, sometimes difficult for lay persons to understand, which should be avoided or explained when addressing non-lawyers.

Adjust register for witnesses: use open questions in examination-in-chief, closed leading questions in cross-examination. Tailor pace so the court can take a note comfortably. With vulnerable witnesses, adopt an appropriate questioning style and seek special measures if relevant (statutory guidance in the Youth Justice and Criminal Evidence Act 1999 and Criminal Practice Directions).

When dealing with experts, avoid trying to “out-expert” the expert with jargon. Use precise, plain questions that test method, conclusions, and reliability. If referring to an expert’s report, take the court to the correct format requirements (CPR Part 35 in civil; CrimPR Part 19 in crime) and the statement/declaration of truth within the report.

Non-Verbal Etiquette and Behaviour

Your advocacy is judged not only on words, but also behaviour:

• Stand when the judge enters; the usher will usually say “All rise.” Bow appropriately when the judge enters and leaves, and before leaving during proceedings.
• Do not leave the judge “unattended.” If you are the sole advocate, wait for the judge’s indication before departing.
• Only one advocate should be on their feet at a time unless the judge invites both to speak.
• Avoid distracting movements (fidgeting, rustling papers, exaggerated gestures).
• Keep phones off. Do not eat; water is usually acceptable.
• Stay seated in chambers unless directed otherwise; in open court you will normally stand to address the judge.
• Remain still, speak clearly, and watch the judge’s pace of note-taking.

Do not speak or shuffle papers while a witness takes the oath or affirmation. Ensure you project your voice sufficiently across the room; adjust volume for size and acoustics. Use pauses to mark transitions and emphasise key points. In remote hearings, simulate courtroom discipline: avoid multitasking, maintain eye contact via the camera, and mute promptly when others speak.

The Importance of Respect and Professionalism

Professional conduct is critical. Duties to the court include refraining from misleading, drawing attention to relevant authorities that may materially affect outcome, and not wasting the court’s time (SRA Code of Conduct 2019, Code 2). Under CrimPR 3.3 and CPR Part 1 (overriding objective), parties must actively assist in case management and justice at proportionate cost.

The ethical basis is clear: in Medcalf v Weatherill [2002] UKHL 27 the House of Lords emphasised the privileged position of advocates and their correlative duties. Inappropriate behaviour risks disciplinary proceedings, and in serious cases, wasted costs orders may be made against advocates (Senior Courts Act 1981, s.51) or findings of contempt. Uphold undertakings scrupulously—failure may trigger supervisory sanctions and, at minimum, regulatory investigation. Be alert to conflicts between Principles and Codes (e.g., balancing client’s best interests with independence and duty to the court); proceed in the public interest if duties conflict, and seek ethics guidance when uncertain.

Speaking over a judge, raising your voice, or acting discourteously undermines your submissions and your client’s interests. If you require clarification, ask politely. If you do not know an answer, do not guess; offer to check and return promptly. Avoid offensive or exclusionary language. Use inclusive language where possible (for example, gender-neutral pronouns when referring to hypothetical persons) and be mindful of protected characteristics under the Equality Act 2010.

Respect for the hierarchy of courts matters: cite authoritative reports where available, and bring binding decisions to the court’s attention, even if adverse. The Practice Direction on Citation of Authorities (2012) requires citation of official reports when available; prepare proper pinpoints and avoid unnecessary authorities. Failure to observe traditions and duties can attract judicial criticism, wasted costs, or in serious cases, contempt findings.

Skeleton arguments should assist, not replace, oral advocacy. Keep them short and focused, summarising issues, propositions of law, and pinpointing documents and authorities. Provide realistic time estimates and lodge any draft orders. Demonstrating organisation and respect for the court’s time is persuasive in itself.

Revision Tip

Make a revision table listing each court, the usual judge type, and the correct form of address. Practise reciting them before the SQE2 exam—accuracy matters.

Key Point Checklist

This article has covered the following key knowledge points:

• Correct modes of address for judges and benches across courts and tribunals (including Recorders and procedural judges).
• The structure, tone and language of effective oral submissions; when to use skeleton arguments and how to avoid legal lectures.
• Non-verbal courtroom etiquette (rising, bowing, oath etiquette, stillness, pace).
• Duties to the court: honesty, integrity, assisting the court, not wasting time; CPR/CrimPR overriding objective and the consequences of breach (including wasted costs).
• How to adjust language and tone for tribunals, judges, juries, lay benches and vulnerable witnesses; inclusive language practice.
• Professional courtesy to opponents, witnesses, litigants-in-person and McKenzie Friends.
• Common pitfalls (wrong titles, overfamiliarity, interruptions, slang, remote-hearing lapses) and how to correct them promptly.
• The practical impact of respectful, professional communication on advocacy outcomes; citation and authorities practice.

Key Terms and Concepts

• mode of address
• tribunal etiquette
• formal language
• oral submission
• legalese