No matter how busy you are or how complicated your case, practicing proper courtroom etiquette is essential. At the 2015 Family Law Institute, Judge Lisa Gorcyca and Judge Connie Marie Kelley gave their perspectives on lawyer decorum in the courtroom. Here’s a summary of what they recommended:
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Be timely. If you are running late, be sure to call the court and explain the situation. Saying that you were at another court is not a good excuse for arriving late without advance notice.
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Dress the part. This goes for the lawyer and the client. Dressing informally can reflect badly on you both.
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Turn off your phone. Always. The same is true for any other device that may be disruptive.
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Be prepared. Don’t assume that the judge remembers everything. Be able to succinctly summarize the facts and TELL the judge what you want him or her to do. At minimum, you should always know the ages of the parties, the length of the marriage, and the names, ages, and number of children.
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Read the local court rules. This relates to preparedness. You look unprepared if you are unversed in local practice.
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Know when to keep quiet. This means a few things. First, don’t carry on a running conversation with your client or cocounsel during the hearing. You are missing what the other side is saying. Second, recognize when the judge is arguing your position. You don’t want to get in the way! Finally, keep away from the microphone when having a confidential communication with your client.
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When you do talk, speak clearly. State your name slowly and clearly, speak into the microphone, and avoid shuffling papers. You want to make it easy for the judge and the court reporter to hear you. Remember too that you may be building a record for the court of appeals.
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And no bickering. In emotionally charged cases, it can be easy to take on the personalities of your clients. Don’t. Even if that’s what your client wants. It’s unprofessional to bicker in front of the judge, and one client is not worth your reputation.
Many of these seem like no-brainers, but when you’re distracted and nervous, they can be easy to forget. However, it’s definitely in your best interests to try to ingrain good courtroom etiquette. People ask judges for lawyer referrals all the time, so you want to do everything you can to make a good impression.