What advice do judges give lawyers? Judges in the Court’s Interior Region have offered lawyers tips on advocacy and courtroom etiquette as part of their “Judges and Juniors” program, an initiative to improve lawyers’ professionalism and foster collegiality. This eNews shares some of the tips they have shared with junior lawyers. 

"Respect is the guiding principle."

Respect your client and witnesses

• Treat every case as important, because for your client, it is.
• Advise your client and witnesses about conduct, dress, and expectations for court appearances. Explain the difference between an oath and an affirmation in advance and tell the clerk their preference before they enter the witness box. 
• You are not a mouthpiece for unreasonable instructions. Tell your client it is your duty as an officer of the court to make reasonable admissions and do so.

Respect the court clerk

• If the clerk is available before court starts, tell them your name and matter number on the court list. Provide a time estimate and mention any urgency. In busy courtrooms, do this in writing. 
• Ask witnesses in advance for pronouns and whether they wish to swear or affirm and tell the clerk. 
• When referencing multiple files, state the file number as you address each file.

• Use the Court’s picklists for terms of orders. Consider giving the judge and clerk the picklist terms or sentence calculation in writing or preparing a draft family court order. 

Respect the Court 

• Make each appearance meaningful and try to move the file forward with each appearance. Be precise with time estimates. Consider interpreters, self-represented litigants, and the time needed for judicial deliberation on anticipated issues.  
• If you intend to abandon an application or argument, ask the judicial case manager to inform the judge as soon as possible to prevent the judge from spending time preparing needlessly.
• Stand when the judge enters and exits. Bow to the court when entering and leaving the courtroom. Stand when speaking. Wait for the judge’s cue to start. If there is an objection, sit down. If you are making one, stand up. If the other side is talking, sit down. If a judge interrupts you, stop speaking. Speak through the judge and not directly to opposing counsel.
• Always introduce yourself and your client to the judge. If your client isn’t present, state whether you appear as designated counsel or agent, and who is the counsel designated by the client. 
• Judges’ preferences differ about saying “Good morning” or “Good afternoon”. If you begin with a greeting, keep it brief and polite. Avoid other pleasantries, particularly compliments to the judge. 
• Use appropriate titles: "Your Honour" for Provincial Court judges, “Your Worship" for judicial justices and judicial case managers, "Deputy Sheriff" and “Court Clerk”. 
• Explain to your client in advance the use of “my friend” in the courtroom. You may refer to opposing counsel as “my friend,” but “my learned friend” is reserved for King’s Counsel (K.C.). 
• Sidebars do not exist in Canada. Do not communicate with a judge off the record about an ongoing case. Submit case authorities, materials, and correspondence through the registry, not directly to the judge.
• Do not invite judges to be your friend on social media.

Respect the record

• Speak loudly, clearly and slowly - especially for names, numbers, and citations, and when an interpreter is involved. Do not speak over others. Pause when objections are raised. Watch for visual cues that the judge, witness, clerk or an interpreter needs you to slow down.  
• If a witness uses their hands to demonstrate size, or an object in the room to describe a distance, or demonstrates a movement, describe it in words for the record.
• If you are on record as counsel in Provincial Court and must withdraw, attend court and apply for leave to be removed as counsel of record. Try to ensure the client is present for the application so the judge can discuss the next steps with them. 

 Respect procedures for presenting evidence

• Prepare tabbed exhibit books with numbered pages. If there are many exhibits, speak to opposing counsel about a joint exhibit book. 
• Bring sufficient copies of material you intend to file for all parties and the judge. Do not ask clerks to copy material.
• When filing a document in the courtroom, ask that it be marked as an exhibit. Tender the original as the exhibit and show it to opposing counsel before presenting it to the clerk or witness. Give the clerk time to mark the exhibit. Pass materials for the judge to the clerk.
• Arrange your tech needs before court and arrive early to test it.
• Book the court's tech and accommodation equipment well in advance. It will sometimes be brought from another courthouse. 
• Thumb drives from a non-government source cannot be played on government computers. If you need to play one for the court, ensure you bring the necessary equipment. 

• Do not show images on your client’s cell phone unless you want the phone to become an exhibit.

Respect good advocacy

• Prepare, prepare, and then prepare some more. Know your case inside and out. Master the facts. Maintain a detailed chronology and trial binder. 
• Advocacy is about clarity, conciseness  and contributing helpfully to the trial process. Skilled advocates make every word count. Do not repeat yourself.
• Keep it simple. Make admissions and avoid a scattergun approach to hearings.
• Well-prepared submissions help the judge draft reasons. Create submission templates that mirror how judges provide reasons. Consider written arguments or at least a written outline. 
• Focus and structure your arguments. Clearly state what you are asking the judge to do, cite the authority to do it, and then give the reasons for doing it. Consider using the criminal and civil  jury trial handbooks to help structure your submissions. 
• Provide opposing counsel with authorities in advance. Never mislead the court or withhold relevant authorities. Check citations of any authorities you cite and highlight key passages in authorities. 
• Zero in on what matters most. Make meaningful admissions and concessions.

Respect your reputation for civility and candour

• Treat everyone with respect and courtesy, in and out of the courtroom. Judges are not impressed by lawyers who treat court staff or others rudely. 
• Never berate, belittle, or shame an opposing witness to appease your client. 
• Stay professional, even under pressure. If the judge rules against you, acknowledge it professionally and move on. Respect the ruling and refrain from visible or audible dissent. Eye rolls, sighs, and other signs of discontent are distracting, unprofessional, and likely to irritate the judge.
• Never mislead the court or overstate the facts or law. Acknowledge adverse cases and distinguish them.
• Take responsibility for mistakes. If you misspeak or realize you are in error, correct it as soon as possible. “Your Honour, I misspoke earlier...” earns far more credibility than hoping no one noticed.
• Know when to seek guidance and consult ethics counsel, senior lawyers, or a bencher. 

In the “Judges and Juniors” program, judges emphasized that while a lawyer’s professional reputation is built over years, it can be lost in seconds:

“You will be working with opposing counsel and appearing before the same judge in other cases. The reputation you build through integrity, respect, preparation and civility will open doors long after a case is forgotten and your client is gone.”

Interior judges work to improve lawyers’ professionalism and rebuild collegiality

Courtroom etiquette and professionalism: tips for lawyers on pre-trial matters

“Be brief. Be clear. Be gone.”

                        Sometimes attributed to the Honourable Willard Estey

                                     Supreme Court of Canada Justice 1977 - 1998