Etiquette for Criminal Matters for Law Students (1:XII)

A. Courtroom Etiquette for Law Students

When attending court for a matter, the student should check the court lists to confirm which courtroom the matter is to be heard in. If the court is not sitting at the time, the student should attempt to seek out the Crown Counsel who has conduct of the matter, and identify him/herself.

In order to get the client’s matter called, the student should indicate to Crown Counsel or the Crown assistant that both client and counsel are present and ready to proceed. Crown Counsel will proceed with the shortest matters first; priority will also be given to matters for which the accused and his/her counsel are present. Do not interrupt Crown Counsel when they are addressing a matter.

When the judge enters or exits the court, the student should rise and bow to the judge.

If the court is sitting, the student should enter the courtroom, bow to the judge at the door and/or the bar of the court, and be seated at the chairs located beyond the bar. The client should sit in the gallery behind the bar.

When the matter is called, the student should rise and approach the counsel’s table. The student should stand on the other side of the podium from the Crown. The rule of thumb is that Crown is seated next to the witness box while defence is seated furthest away.

The student should invite the client to come forward and address the court in a loud, clear voice, keeping in mind that the microphones in most courtrooms are only for recording and not for amplification purposes. The student should introduce himself or herself in the following manner:

“Your Honour, my name is <Full Name><Spell Out Last Name>, first initial <First Initial>. I am a law student with the Law Students’ Legal Advice Program, and with leave of the Court, representing Mr./Ms. __________________ who is here in the court today.” <Have client stand up and point towards him/her>

NOTE: Judges are addressed as “Your Honour” in court while JPs are addressed as “Your Worship.”

If there is a supervising lawyer present, they must be introduced as well at this time. The student should then remind the court what is to occur with the file (e.g. the matter is set for an arraignment hearing or disposition or trial, etc.).

Upon completion of the student’s appearance, on exiting the courtroom the student should turn and bow to the judge at the bar of the court and/or the door.

1. Interacting with Crown

When interacting with the Crown (or anyone else for that matter), students should always be pleasant and polite. They are people a student will continue to work with for many years. There are times when students need to be more assertive but this should be done in a tactful way. Students should always respect the Crown, even when pointing out errors. Clinicians should be firm, but polite.

2. Courtroom Demeanour and Etiquette

• Men must wear a suit jacket (blazer), dress pants, and a tie; while women must wear a blazer and skirt or dress pants. Shoes (as with all attire) must be professional;
• Always act with professionalism & integrity. Never mislead the Court;
• Maintain an attitude of confidence, politeness, and courtesy to all court personnel and opposing counsel;
• Always identify yourself as a student with LSLAP. Introduce yourself by stating your name for the record and spelling your surname. If you have a supervising lawyer present, always introduce them;
• Stand and bow when the judge enters or leaves the courtroom;
• Always be polite to everyone in the courtroom
• Never mislead the court.
• Be punctual. Do not waste the court’s time
• Address the court in a loud clear voice. Most microphones in the courtrooms are only for recording and not for amplification purposes;
• Stand when addressing the Court, being addressed by the Court, objecting and responding to objections. Stand when being sentenced or convicted;
• Stand when the judge enters or leaves the courtroom;
• Stand when addressing the Court, being addressed by the Court, objecting and responding to objections. Stand when (or if) you are being sentenced or convicted;
• Sit when Crown counsel is speaking to the court, or interjects to make an objection;
• Stand on the other side of the podium from Crown Counsel and furthest away from the witness box;
• Be well prepared. Know the factual basis of your file, the applicable law and the relevant procedural rules. Part of being well prepared means being able to answer questions from the court;
• Be respectful in your comments. In your dealings with the Court adopt a formal approach which reflects courtesy and respect for the authority of the court. Let the court know what you are doing with phrases such as “with your Honour’s leave I would like to approach the witness to show him his statement;
• Do not interrupt the judge. Listen to what the judge says;
• Pause briefly to consider your words and then respond;
• Address all remarks to Crown Counsel through the judge; and
• Do not quarrel with Crown Counsel, witnesses or the Court.
• Slow down. The judge will likely be taking notes. One should speak and writing speed and should not be afraid of gaps. He or she should not try to fill in the pauses with filler words such as “like” and “um.”

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