Difference between revisions of "Etiquette for Criminal Matters for Law Students (1:XII)"

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{{REVIEWED LSLAP | date= August 4, 2021}}
{{REVIEWED LSLAP | date= August 1, 2023}}
{{LSLAP Manual TOC|expanded = criminal}}
{{LSLAP Manual TOC|expanded = criminal}}


== A. Courtroom Etiquette for Law Students ==
== 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 themselves.
When attending court for a matter, the student should check the court lists to confirm in which courtroom the matter is to be heard. 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 themselves.


The student should endeavour to find out the matter number of their file. This can be found on the physical copy of the daily court list often present in the court room or online on Court Services Online where pdfs of the daily court list are posted. When the student’s matter is called or when the student is asked what matter they are here to speak to, they should reference the client’s last name and the matter number. This makes it easier for the judge and other court officials to locate the correct matter on list of matters to be called that day.  
The student should endeavour to find out the matter number of their client’s file. This can be found on the physical copy of the daily court list often present in the court room or online on CSO where PDFs of the daily court lists are posted. When the matter is called or when the student is asked what matter they are here to speak to, they should reference the client’s last name and the matter number. This makes it easier for the judge and other court officials to locate the correct matter on list of matters to be called that day.


In order to get the client’s matter called, the student should indicate to Crown Counsel or the Crown assistant that '''both the 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 their counsel are present. Do not interrupt Crown Counsel when they are addressing a matter.
In order to get the client’s matter called, the student should indicate to Crown Counsel or the Crown assistant that both the 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 their 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.
When the judge enters or exits the court, the student should rise and bow to the judge.
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<tt>
<tt>
“Your Honour, my name is <Full Name><Spell Out Last Name>, first initial <First Initial>. My pronouns are <pronouns>. 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 the client stand up and point towards them>
“Your Honour, my name is <Full Name> <Spell Out Last Name>, first initial <First Initial>. My pronouns are <pronouns>. 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 the client stand up and point towards them>
</tt>
</tt>


:'''NOTE:''' Judges are addressed as “Your Honour” in court while JPs are addressed as “Your Worship.”  
:'''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.).  
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.  
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 ===
== B. 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.  
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 there is no place for rude or dismissive behaviour. Students should be firm, but polite. Remember when disagreeing with Crown Counsel in any individual case that in a long legal career the relationship one crafts with Crown Counsel will benefit all of one’s clients.


=== 2. Courtroom Demeanour and Etiquette ===
Review '''Section III''' “Etiquette” for general recommendations on courtroom etiquette.


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Latest revision as of 20:20, 23 August 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 1, 2023.



A. Courtroom Etiquette for Law Students

When attending court for a matter, the student should check the court lists to confirm in which courtroom the matter is to be heard. 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 themselves.

The student should endeavour to find out the matter number of their client’s file. This can be found on the physical copy of the daily court list often present in the court room or online on CSO where PDFs of the daily court lists are posted. When the matter is called or when the student is asked what matter they are here to speak to, they should reference the client’s last name and the matter number. This makes it easier for the judge and other court officials to locate the correct matter on list of matters to be called that day.

In order to get the client’s matter called, the student should indicate to Crown Counsel or the Crown assistant that both the 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 their 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 themselves in the following manner:

“Your Honour, my name is <Full Name> <Spell Out Last Name>, first initial <First Initial>. My pronouns are <pronouns>. 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 the client stand up and point towards them>

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.

B. 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 there is no place for rude or dismissive behaviour. Students should be firm, but polite. Remember when disagreeing with Crown Counsel in any individual case that in a long legal career the relationship one crafts with Crown Counsel will benefit all of one’s clients.


© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.