Learn Courtroom Etiquette
Before addressing the judge, it is essential to understand the protocol and procedures applicable to the courtroom. Formalities for speaking in court protect a high degree of decorum necessary to the functioning of our judicial system. In most courts , a party is not permitted to simply get up and speak to the court. Counsel are required to approach the bench and seek permission before the judge or magistrate will allow them to speak. Punctuality is as important to the progress of the court dockets as respect for the judge. In fact, more often than not, failure to be present at the time counsel was instructed to be present is a violation of respect for the court. Be on time – every time.
When and Why to Use Particular Forms of Address
A judge is an officer of the court. A judge is addressed as "Your Honor." Every judge in every court should always be addressed as "Your Honor." Even a court clerk or deputy sheriff who simply acts as the "court officer" and brings the litigants in and out of the courtroom, but is not a judge is still to be addressed as "Your Honor." Calling out "Your Honor" as you enter the courtroom, whether a trial courtroom, an appellate court, a bankruptcy court, a magistrate’s court, juvenile court or even a municipal traffic court, is always appropriate. In the courtroom it is required! In all other settings "Your Honor" will be replaced with "Judge" or "Mr. Justice."
A judge’s name has never been "Your Honor." Starting from the founding of this country "Your Honor" was used in correspondence with judges. I realize that many judges prefer the title "Judge." It is perfectly acceptable to use the title "Judge" in any other setting. But it is always and forever "Your Honor" in the courtroom.
We put this in our book Trial Handbook for Kentucky Lawyers because we see so many attorneys addressing a judge as "Judge." I am sure that judges have grown accustomed to being called "Judge" and think nothing of it – but that is a matter of disrespect nonetheless!
How to Make Yourself Understood
Make Sure You Listen
There are few punishments as harsh as a judge glowering silently at you for not paying attention. It’s one of the few things that will make even the toughest lawyers quail. After all, once you lose a judge’s attention, you’ve lost half the battle. So, keep your wits about you. Don’t start chatting amongst yourselves when a judge is speaking. This might be obvious, but I’ve seen it happen.
Clarity
You’ve got to be very clear about what you want and you’ve got to be clear about why you should be granted it. You’re obviously required to have a little argument prepared beforehand, even if you think most of it is unnecessary. Once again, it’s best to give the judge a written copy of your argument and include citations to the caselaw and statutes that you’re relying on, even if there’s no need for them.
If you don’t include the caselaw in your argument, you need to make sure that you include all the relevant facts via footnotes. When you’re speaking in court, there’s no opportunity for the judge to look something up, so your best opportunity to increase the chance that a judge will agree with you is in advance of the hearing. Remember, if all the facts aren’t relevant to your argument, there’s no reason to include them, especially if they shed a negative light on your case. Any legal arguments should be easy to follow and stick to one point at a time.
Brevity
Don’t try to dazzle the tribunal with your long, poetic orations. It’s a bad idea, and you lose credibility with a judge. Like indicated above, never say anything that isn’t relevant. Just try and stick to the facts and stick to the point that you’re trying to make. Make a separate argument for each point, and state them distinctly. A judge is a busy person. No doubt, they have more than one motion on the calendar that day alone. That’s not to say they aren’t going to give your motion the attention it requires, but that there are other matters that also need attention. Therefore, be brief and be succinct. Never talk over the judge, and hopefully the judge will do you the courtesy of giving you a fair amount of time to explain your side of things.
Respect
You don’t need a blog post to tell you that you have to be respectful when talking to a judge. Although, it’s probably a good idea to include it here anyway. You’d be surprised how many lawyers forget that the judge is not their own client. They are impartial, they are independent and they are looking out for the interests of both parties. So, don’t lose your cool. Don’t raise your voice or groan loudly into your hands after a judge overrules your objections. Just remember that everyone is there to complete their duty to the court and get the matter resolved. Don’t take it personally. Be yourself, take a breath, listen to the judge when they speak, answer their questions and make sure to answer what the judge is asking.
How to Present Your Case
In presenting your case to the judge, the first thing to remember is that organized presentation of your ideas and facts is the key to success. Secondly, you should speak clearly, loudly and at a slow pace, as these steps help you to avoid mumbling and speaking too quickly. Thirdly, make certain to speak towards the judge, not down onto the table.
There is no particular order or protocol for presenting your case in family court. Some lawyers take a chronological approach and start from the beginning by stating the facts and moving forward to the current point in time. Others take a thematic approach and discuss all of the facts related to a particular point together (for example, all of the facts related to child support under the heading of "child support" even if some of those facts also related to arguments about custody). Both approaches have their advantages, but be careful that you do not "skip around" while presenting your case so that the judge loses track of your argument.
No matter what organizational approach you use, make sure that you include your facts, specific examples, illustrations and analogies. Although you will not be allowed to give over-the-top speeches when presenting your case in court, you can use these elements to present modern-day examples to illustrate your argument. In an argument regarding custody, you might illustrate your point by talking sarcastically about how the other party would probably not object to sitcom mom June Cleaver (of Leave It To Beaver fame) having custody of the child despite her smoking a joint on occasion and sleeping with a random man on Friday night. Illustrating your point through the use of a modern, relatable example is effective because it is much easier to picture the scenario and apply the analogy to the case at hand.
Answering the Judge’s Questions
In addition to knowing how to focus on the judge, knowing how to properly respond to the judge can be equally important. Answering questions from the judge is part of the preparation process. So be sure you know what questions will likely be raised at the hearing. The judge may ask you about the alleged incident(s), your response(s), and information about you that you have provided to the judge in the court paperwork. A good rule of thumb is to answer as simply and honestly as possible without getting into any unnecessary details that could damage you. So it is essential that you listen carefully to the questions so you can respond appropriately. It is also very important that you answer the judge’s questions honestly and directly without wordy explanations or defensive responses. Hopefully you understand the seriousness of standing up in a courtroom and speaking to a judge. Your voice can be heard beyond the witness stand so think before you speak.
When answering questions , speak clearly and come to the point as quickly as possible; do not ramble on about something you think the judge wants to hear. There are many lawyers appearing before judges every day. A judge knows an honest, direct answer when he hears one. But when you give a long-winded, sidetracked response, the judge will know that you are trying to avoid answering his or her question. The judge will not look favorably on your attempt to sidestep a question, and your credibility will be diminished.
Controlling Emotions in Court
Timing and Managing Your Emotions in Court
It isn’t hard to understand why watching a series like Judge Judy would lead one to believe that you can speak to a judge however you want, as long as you know all the facts. After all, Judge Judy can hold her own against attorneys and parties alike. And Judge Judy is tough. She has a low tolerance for games and refuses to let people get away with things.
As lawyers, we think being tough is a good thing. While she is tough, doing what Judge Judy does would not work for most people because she isn’t worried about how she comes across to a judge. She’s a TV personality and the focus is entertainment. Judge Judy and lawyers like her are not representative of the bench as a whole. Most judges aren’t (excuse the expression) "Judy"ing their way through their calendar.
If you get up and start talking to a judge in "this is my street" voice, it isn’t going to go well for you. This is especially true when your opponent has counsel. Most judges expect lawyers to stand up and be polite to the court. And while judges are people too, they like to be treated like judges. Even if you are on a first name basis, referring to a judge as "John" or "Sally" in court is arguably crossing a line and more than likely will gain you nothing positive in the proceedings.
And if you are not a lawyer or do not practice regularly in front of that judge, the court expects "your honor." Be prepared to stand up when you speak and speak loudly enough so the court reporter can hear you. Not only is it easier to hear what you are saying, standing shows respect for the court and shows the court you are there to be taken seriously.
That is not to say that you need to be formal or wear a suit in front of every judge. Some family law judges look down on attorneys when they show up in suits for a hearing with no purpose for doing so.
Attorneys are expected to have heard the judge’s stance on certain issues, so you are expected to be familiar with how your judge expects a case to be litigated. If you are seeking things that will never be done in front of the judge, you will probably be admonished for it. But if you are seeking what your judge normally awards, you probably won’t face much resistance.
So, perhaps above all else, it is important that you know what your judge "wants" in a given case. The easiest way to make good impressions is not to try to be something you’re not. Just be yourself.
Common Missteps
One of the biggest mistakes people make when talking to a judge is to call them by the wrong name. This is frequently done even by attorneys. A judge is a "Your Honor" and a "judge" but not a "Judge" or a "the Honorable." So if you say "Yes, Judge" when answering a question or asking a civil court judge to excuse you from jury service, he will not be happy. Over time you will see the difference but it can take years. Speak clearly and politely to give the judge an immediate and positive impression of you.
Judges also sincerely hate to be interrupted. If someone has a firm opinion about a piece of evidence for or against your position , he or she may at times have difficulty remaining quiet and listening to your side of the story without blocking you out. Perhaps some of these opinions are based on previous bad experiences with people like you; criminals who ended up in front of him or her more than five times.
Nonetheless, you should attempt to keep your thoughts organized and not interrupt the judge if he or she interrupts you, and simply agree to start over at the next available opportunity. One more thing: while most courts offer something called "self-help" services, if at all possible consult with an attorney before proceeding in court. Too many people come to the courtroom completely unprepared and that causes judges to get angry with them.