What is Courtroom Etiquette?
While the art of persuasion is certainly critical in legal proceedings, don’t forget the importance of paying attention to detail. The courtroom is a unique place. The room itself can be emotionally intense, what with all the issues at stake and the wealth of knowledge contained in its occupants. So, regardless of your familiarity level with the judge or other lawyers, it’s imperative to always present yourself and conduct your demeanor as professionally as possible. The importance of courtroom etiquette cannot be over emphasized. Perceptions play a large role in how the discovery of fact comes to resolution. Your actions , mannerisms, and even your dress code can influence such perceptions. Local attorneys, clients and judges all observe how you enter and exit the courtroom, how you interact with others, and what you’re wearing while there. It’s easy for lawyers to become complacent about their trial skills, having grown accustomed to the routine of the courtroom over time. Clients, though, are not so comfortable. They expect you to approach the trial with the same professionalism and attention-to-detail as always — wary of overlooking something even as seemingly small as courtroom etiquette.
Attire and Appearance
Courtroom dress code requirements vary among jurisdictions, but there are clear standards for lawyers and others appearing before a judge and jury. A lawyer’s appearance has a notable impact on the impression a judge or jury develops of the case. Many of the below guidelines are not often addressed directly, but may be gleaned from court appearances. Of course, these standards are not binding but they do provide useful generalizations.
Psychologists and jurors associate various types of clothing with the wearer’s characteristics. For instance, a collar and tie are typically associated with authority, education or professionalism. Some lawyers wear eyeglasses to convey intelligence. If a particular type of clothing might make the lawyer appear less competent, neutral or unconvincing, the lawyer should consider avoiding it. Generally, however, most judges and lawyers offer the same advice: dress as if the fate of the case depends on how you appear to the judge and jury. The following are a few additional guidelines:
Conduct and Communication
The common phrase "the first impression is the last impression" cannot be emphasized enough when it comes to courtroom demeanor. In fact, a very educated judge once told me that the first few moments during the very first hearing provide a wealth of information about the attorneys before the Court.
You should always be polite and respectful and use good manners. To that end, you should always address the judge by "your honor," using formal language at all times. What does this mean? It means you should stay away from double negatives and try to avoid "slang" in your communication with the judge, as it implies a lack of formal upbringing, something that is not acceptable to judges or their staff. I’m not suggesting you speak like a member of the royal family, just be mindful of what you say and how you say it. A pleasant demeanor with sincere respect will get you favorable results.
Staying calm is critical when representing your clients in the courtroom. The fact is that most people involved in the judicial process are under a great amount of stress. No doubt the judge has pressures on him/her, the court reporter has a certian pace they need to maintain, clients get nervous, witnesses get nervous and the list goes on.
For that reason, it is absolutely imperative that you remain calm and collected at all times. Being anything other than professional will only cause problems for you later.
Bottom line: follow all the basic rules of etiquette and always be polite.
Engagement with Opposing Counsel
Conducting oneself in a professional manner is crucial, especially when it comes to dealing with adversaries during proceedings. Although it is not required that opposing counsel like or even respect each other, there is a certain expectation of professionalism to which all lawyers should aspire. Engaging in productive dialogue and compromise is the hallmark of a successful negotiation. While it is possible for opposing counsel to disagree heartily over the terms of a settlement, it is also essential that they are able to put aside their personal differences for the sake of civility. Competitiveness is an inevitable part of negotiating out-of-court settlements; however, it is crucial that all negotiations remain professional. Civility has rewards. If nothing else, a positive reputation and the prospect of future business could very well be directly related to the civility exhibited during negotiations in court, at mediation, and in meetings. On the other hand, if lawyers render themselves unprofessional, they could very well suffer the repercussions. When conveying the merits of a case during negotiations, speaking plainly is preferred. Instead of speaking in legal jargon, parties should simply lay out the facts of their case and inform their opponents why they believe they are entitled to the relief they are seeking. More often than not, if the case is lined with evidence of wrongdoing, this strategy will yield results. Keeping things simple will help to expedite the negotiations process and get all parties out of court faster. If two lawyers cannot reach an agreement on behalf of their respective clients by the end of a scheduled mediation, it is important that they do not take things personally. Disagreements are inevitable, but it is paramount not to get too emotionally invested in the outcome. This is especially important to keep in mind when negotiating settlements that are likely to end up in court. Failure to resolve an issue in mediation should in no way affect the professionalism exhibited by lawyers in court. While this article has focused primarily on the relationship between opposing counsel, how opposing parties treat each other during negotiations has an equally substantial impact on the process.
Evidence and Argument Presentation
An essential aspect of trial preparation is being prepared to present the evidence and arguments through questioning of those witnesses, be they expert or lay, who will be presenting the factual issues on your behalf. The first line of preparation is having a knowledge of the rules governing expert testimony as they are contained in Rule 702 of the Federal Rules of Evidence, and, in the case of the Southern District of Florida, the specific requirements enumerated in the Local Rules 16.1(k) & (l).
In order for the testimony of an expert witness to be admissible, that witness must be qualified by education or experience as a witness possessing specialized knowledge on the subject matter of their testimony. That testimony may consist of the witness’ firsthand knowledge obtained through studies made by them or other parties versed in the specific area either in question. In the case of an expert retained by a party to a legal action, if their testimony involves the expression of an opinion, or an inference to be drawn which is likely to cause some influence on the finder of fact, that opinion must be supported by the appropriate predicate of either personal knowledge or expert analysis. That predicate must be firmly placed under the control of the court at the time such evidence is to be introduced.
As you well know, the pleadings presented in the case prior to trial speak to the general outline of the matters to be resolved therein. Even so, we would suggest that each party give consideration to an evidence presentation outline which will permit you to immediately present the necessary information in relation to every exhibit that is to be presented, or referred to as an incidental matter. In fact, this outline should be prepared in the format of a chronology and, as to each exhibit that is to be presented, should contain the date of creation of that exhibit, a short description of its contents, and a statement of the manner in which that exhibit supports the position you intend to advance. While these outlines are not required to be presented to the Court, or opposing counsel, given sufficient notice of their existence , they will advance both your knowledge and preparedness as to the issues to be pursued by your examination of the witnesses and your summation of the facts supporting your case. (First, every judge approaches the bench about three (3) feet from the jury. If your exhibits are not prepared in a manner to permit you to present them to the jury while you are examining the witnesses, you are going to lose valuable time as you must move back and forth outside of the jury’s view, to retrieve them for presentation.)
As to the presentation of the testimony of the witnesses, we believe it is essential not to permit your efforts to adduce that testimony to become the central focus of the proceeding. All that the finder of fact is likely to remember weeks after the trial has concluded are the things that you do while you are the focus of attention; that is, the manner in which you present the facts and circumstances to them as opposed to the opening and closing statements given by your trial attorney in the case. For this reason, be careful not to use theatrical techniques, gimmicks or other devices that will make their attention center on you rather than the information being imparted through the testimony of the witness. Always make sure that the witness is located on your side of the witness stand, within the jury’s view, preferably the center chair, so they can easily refer to your portion of the courtroom while they are testifying, and are able to view the witness’ facial reactions to their questions.
Once the witness is located at the witness stand, admonish them that they are under oath, advise them that the proceedings are being recorded and they must speak loudly and clearly so their answers are audible to all concerned. Do not do as some attorneys do, and expect the witness to know that they must listen carefully to each of your questions, and respond to them in a clear, co-ordinate manner. Some representatives of the media and members of the bar have described this technique as "dummy testimony" – and it is exactly that. To a person who is not familiar with the proceedings or the issues involved in the action, your dumb testimony will be precisely that – dumb!
Body Language Do’s and Don’ts
Non-verbal communication is an essential part of courtroom etiquette. Your body language, eye contact, and facial expressions contribute to the impressions that you will make during testimony and on cross. Be prepared to put them to their best use. Witnesses – be mindful of how you’re sitting. Come into the courtroom with your back straight, your elbows off the table, and your hands in your lap. Once given permission by the judge to sit, place your hands in your lap or on the edge of the table, and keep your feet flat on the ground. When testifying (and standing!), don’t lean into the lectern. Stand up straight, and look the jury in the eye. Attorneys – pay attention to what you’re doing with your hands. While you’ll need them to gesture and point occasionally, your hands should be resting quietly when you’re not using them for those purposes. Also, watch what you’re doing with your face. Don’t roll your eyes. Don’t frown. Don’t touch your face. Don’t bite your nails. Give the jury a chance to draw their own conclusions about the case without being influenced by your non-verbal cues. And remember – while the jury can technically share a closed courtroom with a decision-maker when you’re not seated at the table, they shouldn’t.
Interruptions, Objections, and Responses
In the courtroom, interruptions and objections are inevitable. Lawyers can’t control the objections of opposing counsel or trial interruptions that may occur due to unforeseen circumstances like a fire alarm or power outage. But they do have total control over their responses. During direct and cross examination, there’s no need to hurry your presentation just because you know an objection is coming. Once an objection has been raised and ruled on, and you have permission to go on, make sure you speak clearly and deliberately so the jury doesn’t miss anything. Don’t have 50% of your examination hang in the air while you wait for objection rulings. Whether you get the ruling you wanted or not, it’s your responsibility to keep your cool and keep your case moving forward. If you don’t get the ruling you want, it’s important to be mentally prepared with alternative questions you can ask. You need to think on your feet and adjust your presentation. Never let your opponent see you smile when you get a favorable ruling, or frown when a ruling goes against you. Move on as if you’re following a script. On rare occasions, opposing counsel plays dirty. Sometimes they’ll interrupt you, shout out "Objection!" or "Your honor!", in the hope that it will break your concentration or embarrass you. The trick is to NOT elevate your voice over their objection, but instead remain calm and remain focused. Politely and without arguing, repeat what you were saying so that it’s clear to the judge and jury that you are committed to speaking until you finish. It’s your responsibility as the lawyer to maintain control over the courtroom. If a jury member suddenly coughs or begins to speak up, simply ask them to be quiet and resume your presentation. When you are in control of the courtroom, you are in control of the narrative. Don’t let the trial judge dictate what will happen in a case. Learn how to fix your rate or pitch in your tone of voice. Modulate your speaking voice to control the courtroom and build rapport with the jury. When they like you, they believe you.
Leaving Courtroom with Class
As important as it is to enter the courtroom with confidence, it is equally critical to leave the courtroom with dignity and respect. This involves acknowledging the judge and court personnel in a respectful manner. Depending on the judge, the protocol for exiting the courtroom may be different. For example, some judges will want you to remain seated until they exit the courtroom or until they dismiss court for the day. Others do not require you to address them before leaving. Likewise, some judges will want you to wait until court has been cleared to exit the courtroom, while others do not require that all the parties or witnesses be dismissed from the courtroom before your exit. Whichever the case, however, it is important to conform your actions to the protocol required by the judge .
Regardless of the protocol for exiting the courtroom, it is extremely important to be respectful when exiting the courtroom. Acknowledge the judge and court personnel with a brief "thank you" as you exit the courtroom. If there are any issues that were not resolved or that need to be addressed prior to the next court date, be respectful in your discussions with the judge and opposing counsel. Even if your case has not been decided in your favor, there is no need to be rude, argumentative or confrontational. The judge has an important job to do and should not be disrespected just because your client loses. Likewise, good rapport with opposing counsel is important. By being respectful at all times, you will build a reputation and credibility that may serve you well in all of your future cases.